HomeMy WebLinkAbout07/12/2022O i
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
COMMISSION AGENDA
TUESDAY, JULY 12, 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 Jeremy Rebman, First United Methodist Church
3. PLEDGE OF ALLEGIANCE
Commissioner Susan Adams
4., ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
5.A. Presentation of Proclamation Honoring Siglinde Preston on Her Retirement From
Indian River County Board of County Commissioners Department of General
Services / Library Services Division with Thirty-one Years of Service
Attachments: Proclamation
5.11. Presentation of Lithographs to Fire Rescue and Sheriff's Office in Appreciation of
their Support of 2022 Vero Beach Air Show
5.C. Proclamation Designating the Week of July 16, 2022 Through July 24, 2022 As
Treasure Coast Waterway Cleanup Week
Attachments: Proclamation
July 12, 2022 Page 1 of 7
6. APPROVAL OF MINUTES
6.A. Regular Meeting of May 10, 2022
6.B. Regular Meeting of May 17, 2022
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION
7.A. Proclamation Honoring Matthew Brower on His Retirement From Indian River
County Board of County Commissioners Department of Public Works / Road &
Bridge Division with Thirty -One Years of Service
Attachments: Proclamation
7.B. 2023 Holiday Schedule
Attachments: Staff Report
7.C. Florida Public Service Commission PSC -2022 -0203 -PAA -EQ, issued June 9,
2022, this Commission proposed to take certain action, subject to a Petition for
Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code, a
copy is on file in the Office of the Clerk to the Board.
8. CONSENT AGENDA
8.A. IRC Tax Collector Carole Jean Jordan re: Tax Roll Recapitulation Report
Attachments: Memo from Tax Collector
2021 Tax Roll Recap Final
8.B. Approval of 2022/2023 State Funded Subgrant Agreement (T0201) To Update
Indian River County's Hazards Analysis
Attachments: Staff Report
HA Grant Agreement
Grant Form
8.C. Sole Source Designation Requests and Utilization Update
Attachments: Staff Report
BCC Sole Source List for July 12
8.D. Request for Purchase Order Increase for Callaway Golf
Attachments: Staff Report
July 12, 2022 Page 2 of 7
8.E. Annual HUD Grant Renewals for Continuum of Care (CoQ Programs
Attachments: Staff Report
FL0113L4H092109
FL01141-41-1092114
FL01161-41-1092114
FL0119L4H092114
FL0338L4HO92108
FL03601-41-1092112
FL03801-41-1092107
FL04181-41-1092109
FL04401-41-1092110
2021 HUD Award Letter
8.F. Calcutta Drive Docks
Attachments: Staff Report
Resolution
License Agreement - (Non -Transferrable)
License Agreement - (Transferable)
B.G. Resolutions Cancelling Taxes
Attachments: Staff Report
Resolution Cancelling Taxes - Sexton
Resolution Canceiling Taxes - Cherry Lane Estates Inc
Resolution Cance°ling Taxes - Ganbin & Jackson
8.H. Award of Bid No. 2022046, Indian River Boulevard Resurfacing from 53rd Street
to the Merrill Barber Bridge, IRC -1707, FDOT FM 441919-1-54-01
Attachments: Staff Report
Sample Agreement
8.I. Termination of License Agreement between Sebastian Area Soccer Association,
Inc. and Indian River County
Attachments: Staff Report
Termination Agreement
8.J. Funding Award from the Indian River Lagoon Council - National Estuary Program
for the Lost Tree Islands Conservation Area Phase 4 (Contract # IRL2022-07)
Attachments: Staff Report
Agreement
July 12, 2022 Page 3 of 7
8.K. TIGR Acquisitions III, LLC - Easement, 1725 17th Avenue, Vero Beach, FL
Attachments: Staff Report
1725 17th Avenue Easement Agreement
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
10.A.1. Public Hearing for July 12, 2022, for Ordinance Amending Section 204.06
(Definitions) and Section 204.13 (Terms of Conditions of Franchises) of Part 1
(In General) of Chapter 204 (Solid Waste Disposal) of Indian River County
Code (Legislative)
Attachments: Staff Report
SWDD Ordinance
Affidavit of Publication
B. PUBLIC DISCUSSION ITEMS
C. PUBLIC NOTICE ITEMS
10.C.1. Notice of Scheduled Public Hearing for August 16, 2022: Jelmby Right -of -Way
Abandonment (Legislative)
Attachments: Staff Report
11. COUNTY ADMINISTRATOR MATTERS
I I.A. Second Amendment to the Amended and Restated Facility Lease Agreement
Attachments: Staff Report JRTC
Proposed Second Amendment
First Amendment -- approved Feb 9, 2021
Facility Lease Agreement Agenda Item -- Dec 18, 2018
12. DEPARTMENTAL MATTERS
A. Community Development
12.A.1. Exception To Cut And Fill Balance Requirements For Commercial / Industrial
Development In Flood Hazard Areas
Attachments: Staff Report
Proposed LDR Subsection 930.07(2)(i)
FEMA Compensatory Storage Information
Excerpt of 8-15-17 BCC Meeting Minutes
July 12, 2022 Page 4 of 7
12.A.2. American Rescue Plan Act of 2021 - Low Income Housing Tax Credit (LIHTC)
project assistance program.
Attachments: Staff Report
LIHTC Application
LIHTC Application Attachments
Scoring Matrix
B. Emergency Services
C. General Services
D. Human Resources
E. Information Technology
F. Office of Management and Budget
G. Public Works
H. Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A. Agriculture Advisory Committee Appointment
Attachments: Staff Report
Application - Kelly Jackson
14. COMMISSIONERS MATTERS
A. Commissioner Peter D. O'Bryan, Chairman
B. Commissioner Joseph H. Earman, Vice Chairman
C. Commissioner Susan Adams
D. Commissioner Joseph E. Flescher
E. Commissioner Laura Moss
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
15.B.1. Approval of SWDD Minutes of May 10, 2022
15.B.2. 2nd Amendment and Renewal to Franchise Agreement with Waste Management,
Inc., of Florida
Attachments: Staff Report
2nd Amendment and Renewal Agreement with WMIF
July 12, 2022 Page 5 of 7
15.B.3. Payment Processing Services Statement of Work Agreement with nCourt, LLC
Attachments: Staff Report
Credit Card Agreement with nCourt, LLC
15.B.4. Amendment No. 1 to Work Order No. 45 to Kimley Horn and Associates for
Landfill Automated Scale System
Attachments: Staff Report
Amendment No 1 to Work Order No 45 - KHA
15.B.5. Amendment No. 2 to Work Order No. 44 to Kimley-Horn for Landfill Gas Flare
Skid Improvements and Pipeline Extension Project
Attachments: Staff Report
Amendment No 2 Work Order No 44 - KHA
15.B.6. Amendment No. 1 to Work Order No. 47 to Kimley-Horn and Associates for
Roadway and Drainage Improvements at the IRC Landfill
Attachments: Staff Report
Amendment No 1 to Work Order No 47 - KHA
15.B.7. Amendment No. 1 to Work Order No. 42 to Kimley-Horn and Associates -
Centrate to Leachate Tank Conversion
Attachments: Staff Report
Amendment No 1 to Work Order No 42 - Kimley-Horn
C. Environmental Control Board
16. ADJOURNMENT
July 12, 2022 Page 6 of 7
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall
provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda,
including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which
the Board is to take action which was either not on the Board agenda or distributed to the public prior to the
commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a
verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal
will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is
also available for review in the Board of County Commission Office, the Indian River County Main Library,
and the North County Library.
Commission Meetings are broadcast live on Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5: 00 p.m.
July 12, 2022 Page 7 of 7
PR0CLAMA TION
HONORING SIGLINDE PRESTON ON HER RETIREMENT FROM
INDIAN RIVER CO UNTY BOARD OF CO UNTY COMMISSIONERS
DEPARTMENT OF GENERAL SERVICES, LIBRAR Y SER VICES
DIVISION
WHEREAS, Siglinde Preston has announced her retirement from the Indian River
County Department of General Services, Library Services Division effective July 21,
2022; and
WHEREAS, Siglinde Preston began her career with Indian River County on May 6,
1991, as a Temporary Full-time Library Technical Assistant through a grant and
became a permanent employee in that position six months later. She received her first
promotion in July 1997, to a Library Associate II position. In February 2000 she received
her final promotion to a Librarian I and held thatposition until her retirement. Over the
span of her career, Siglinde worked and contributed to multiple departments of the
Indian River County Library System, most notably her work as the Law Library Liaison;
all while earning her AS Degree in Library Information and Technology from Indian
River Community College, her BS in Organizational Management from Warner
University and her Masters in Public Administration from Troy State University, and
WHEREAS, Siglinde Preston has served this County and Public with distinction and
selflessness. During her thirty-one (31) years of service, she was dedicated, and
appreciated by her employer, citizens, and co-workers alike; and
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board
applauds Siglinde Preston's efforts on behalf of the County, and the Board wishes to
express their appreciation for the dedicated service she has given to Indian River County;
and
BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff
extend heartfelt wishes for success in her future endeavors!
Adopted this 12th day of July 2022.
BOARD OF COUNTY COMMISSIONERS
INDIANRIVER COUNTY, FLORIDA
Peter D. O'Bryan, Chairman
(54
1
L
ProcCamation
DESIGNATING THE WEEK OF JULY 165 2022 THROUGH JULY 24,
2022, AS TREASURE COAST WATERWAY CLEANUP WEEK
-Whereas, on Saturday, July 23, 2022, the Marine Industries Association of the Treasure Coast
in conjunction with the Florida Inland Navigation District will conduct the 15th Annual Treasure Coast
Waterway Cleanup; and
-Whereas, this event will attract approximately 1,000 volunteers who will participate in cleaning
up the waterways of Indian River, Martin and St. Lucie Counties; and
`-Whereas, thirty-one designated sites throughout the three counties will serve as registration
and disposal sites for the volunteers to work out of; and
'-Whereas, numerous waterfront homeowners' associations have been recruited to clean up their
own waterfronts; and
-Whereas, since the beginning, over 95.5 tons of trash has been collected from approximately
125 miles of waterways with an expectation of a significantly larger amount to be collected this year
with an increased volunteer effort.
Wow, Therefore, be it Proclaimed by the Board of County Commissioners of
Indian River County, ,T&rida, that the week of July 16, 2022, through July 24, 2022, be
designated as TREASURE COAST WATERWAY CLEANUP WEEK in Indian River County, and all
citizens are encouraged to use this occasion to foster appreciation for the Treasure Coast Waterways
and assist in the cleanup efforts.
Adopted this 12th day of July, 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
/H
PROCLAMATION
HONORING MATTHEW BROWER ON HIS RETIREMENT FROM THE
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF PUBLIC WORKS /ROAD & BRIDGE DIVISION
WHEREAS, Matthew Brower retires from the Indian River County Department of Public
Works, Road & Bridge Division effective August 2, 2022; and
WHEREAS, Matthew Brower began his career with Indian River County, Golf Course
Operations on August 23, 1991, as a Maintenance Worker II1, On May 31, 1996, Matthew
transferred to the Parks Department as a Maintenance Worker L On July 12, 1996, Matthew
was promoted to a Maintenance Worker III with the Road & Bridge Division. On April 4,
1997, Matthew was promoted to a Maintenance Worker V. On March 30, 2001, the
Maintenance Worker V position was changed to a Senior Maintenance Worker. On
December 20, 2002, Matthew was promoted to Tradesworker I and on July 2, 2004, Matthew
was promoted to a Heavy Equipment Operator which is the position he continued in until his
retirement; and
WHEREAS, Matthew Brower has served this County and the Public with distinction and
selflessness. He has gained the respect and admiration of his colleagues, co-workers and
citizens within the County and his work is greatly appreciated; and
NOW, THEREFORE, BE IT PROCLAL►1ED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds
Matthew Brower's hard work representing the organization on behalf of the County, and
the Board wishes to express their appreciation for the dedicated service he has given to
Indian River County for the last 31 years!
BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend
heartfelt wishes for success in his future endeavors!
Adopted this day of July 12, 2 02 2.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Peter O'Bryan, Chairman
3
INFORMATIONAL
INDIAN RIVER COUNTY
INTER -OFFICE MEMORANDUM
TO: Jason Brown
County Administrator
FROM: Suzanne Boyll
Human Resources Director
DATE: July 6, 2022
SUBJECT: 2023 Holiday Schedule
The following is the schedule of holidays for Indian River County employees for 2023
Holiday County Observance
New Year's Day
Monday, January 2, 2023 (observed)
Martin Luther King Jr. Day
Monday, January 16, 2023
Good Friday
Friday, April 7, 2023
Memorial Day
Monday, May 29, 2023
Independence Day
Tuesday, July 4, 2023
Labor Day
Monday, September 4, 2023
Veterans Day
Friday, November 10, 2023 (observed)
Thanksgiving Day
Thursday, November 23, 2023
Day after Thanksgiving
Friday, November 24, 2023
Christmas Eve
Friday, December 22, 2023 (observed)
Christmas Day
Monday, December 25, 2023
New Year's Day
Monday, January 1, 2024
By:
Jason E. Brown, County Administrator
Date
NO
11
-710 -
FILED 7/1/2022
DOCUMENT NO. 04421-2022
FPSC - COMMISSION CLERK
F 1 lrt N0 : Z-:;? -0S-6e
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for approval of revised standard DOCKET NO. 20220072 -EQ
offer contract and a revised accompanying rate ORDER NO. PSC -2022 -0249 -CO -EQ
schedule QS -2, by Florida Power & Light ISSUED: July I, 2022
Company.
CONSUMMATING ORDER
BY THE COMMISSION:
By Order No. PSC -2022 -0203 -PAA -EQ, issued June 9, 2022, this Commission proposed
to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029,
Florida Administrative Code. No response has been filed to the order, in regard to the above
mentioned docket. It is, therefore,
ORDERED by the Florida Public Service Commission that Order No. PSC -2022 -0203 -
PAA -EQ has become effective and final. It is further
ORDERED that this docket shall be closed.
By ORDER of the Florida Public Service Commission this I st day of Jam, 2022.
ADAM J. TEI Z
Commission Clerk
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
Copies furnished: A copy of this document is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.
JDI
4-1
ORDER NO. PSC -2022 -0249 -CO -EQ
DOCKET NO. 20220072 -EQ
PAGE 2
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 120.569(1), Florida
Statutes, to notify parties of any judicial review of Commission orders that is available pursuant
to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This
notice should not be construed to mean all requests for judicial review will be granted or result in
the relief sought.
Any parry adversely affected by the Commission's final action in this matter may request
judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or
the First District Court of Appeal in the case of a water and/or wastewater utility by filing a
notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal
and the filing fee with the appropriate court. This filing must be completed within thirty (30)
days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate
Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of
Appellate Procedure.
4-2
�a
Carole Jean Jordan, CFC
i, Tax Collector "How May We Help You"
June 28, 2022
Board of County Commissioners
Attention: Peter D. O'Bryan
180127" Street, Bldg A
Vero Beach, FL 32960
Re: Errors and Insolvencies Report for the 2021 Tax Roll
Dear Chairman O'Bryan:
Pursuant to Chapter 197.492 of the Florida Statutes, please find enclosed the
Recapitulation of the 2021 Tax Roll. It includes a copy of the Errors and
Insolvencies Report which shows the errors, double assessments, and insolvencies
allowed.
If I may be of further assistance, please do not hesitate to contact me. Thank you.
Sincerely,
Carole Jean Jordan
Indian River County Tax Collector
CJJ.jca
Attachments
P.O. Box 1509, VERO BEACH, FL 32961-1509
Email: HowMayWeHelpYou@irctax.com Website: www.irctax.com 5
Phone: (772) 226-1343 Fax: (772) 226-1965
REPORT OF DISCOUNTS, ERRORS,
DOUBLE ASSESMENTS, AND INSOLVENCIES
Section 197.492, Florida Statutes
Certified to the Board of County Commissioners by Carole Jean Jordan. Tax Collector for Indian River County, Florida.
Discounts, errors, double assessments, insolvencies, and exemptions are the only reasons for not collecting personal property taxes. Do not list any personal property tax item unless it
Before submitting this list to the board of county commissioners, the tax collector must fill out and sign the certificate at the end of this form as the last page of the report and
Description of land or personal property
Reason for
Person the tax is assessed against in the roll
Property ID #
Total taxes deleted
reduction
ALBRIGHT HUGH DOUGLAS
33-39-06-00014-0000-00040/0
1,491.15 Errors
ANDERSON GREGORY G
31-38-28-00006-0070-00009/0
56.32 Errors
ANDERSON JOSEPH M
33-39-25-00005-0013-00001/0
2,092.80 Errors
AUSTIN DEBORAH
33-40-07-00005-0000-00097/0
2,390.19 Errors
AUTO PARTNERS II LLC
33-39-12-00011-0040-00006/0
142.92 Errors
BENCIVENGA CLAUDIA V
33-39-25-00003-0020-00007/0
1,037.51 Errors
BERTAJOHN JR
33-39-34-00007-0000-00557/0
508.79 Errors
BORES MICHAEL R
33-39-11-00019-0004-00009/0
2,338.58 Errors
BORRERO JOAN (TR)
33-39-14-00001-0050-00006/0
1,981.81 Errors
BOWDEN ROBERT K SR & SANDRA L (1/2)
33-40-27-00021-0000-02194/0
524.16 Errors
BOYZO TOBIAS RODRIGUEZ &
31-37-00-00009-0550-00010/0
827.02 Errors
BRADLEY RONALD D & CYNTHIA A
30-39-33-00002-0000-00005/0
263.85 Errors
BROWN BENJAMIN ALEXANDER II
33-39-04-00001-0160-00009/0
1,435.43 Errors
BROWN PROPERTY HOLDINGS LLC
33-38-02-00001-0130-00001/0
17,213.77 Errors
BUCCI JAMES & PATRICIA
31-38-14-00002-1560-00018/0
272.47 Errors
BUDD ILDIKO &
33-39-21-00004-0000-00041/0
1,224.47 Errors
CANTILLON THOMAS M
31-39-36-00031-0001-00030/0
41.57 Errors
CAPPLE HARRY D
33-00-30-00008-0008-65510/7
96.50 Errors
CARLISLE PAUL E JR
31-39-19-00001-5750-00015/0
894.11 Errors
CASSIDY JOHN P
30-38-25-00003-0020-00006/0
709.21 Errors
CITY OF FELLSMERE
31-37-00-00001-1441-00004/0
186.84 Errors
CITY OF FELLSMERE
31-37-00-00001-1431-00001/1
391.46 Errors
COALITION FOR ATTAINABLE HOMES INC
32-39-26-00010-0050-00074/0
(91.05) Errors
COALITION FOR ATTAINABLE HOMES INC
32-39-26-00000-3000-00022/1
32.42 Errors
COALITION FOR ATTAINABLE HOMES INC
32-39-27-00005-0000-00021/0
69.82 Errors
COALITION FOR ATTAINABLE HOMES INC
32-39-27-00005-0000-00021/1
69.84 Errors
COALITION FOR ATTAINABLE HOMES INC
32-39-26-00010-0050-00075/0
164.68 Errors
COALITION FOR ATTAINABLE HOMES INC
32-39-26-00000-3000-00016/0
1,248.78 Errors
COALITION FOR ATTAINABLE HOMES INC
32-39-26-00000-3000-00016/1
1,391.81 Errors
COALITION FOR ATTAINABLE HOMES INC
32-39-26-00010-0050-00077/0
1,679.03 Errors
COALITION FOR ATTAINABLE HOMES INC
32-39-22-00008-0040-00022/0
2,378.54 Errors
COALITION FOR ATTAINABLE HOMES INC
32-39-26-00010-0080-00110/0
2,877.15 Errors
COMBSAMY&
33-39-28-00009-0000-00095/0
2,677.89 Errors
CONNELLRODNEYC
33-39-15-00015-0000-00007/0
256.95 Errors
CORPORATE AIR INC (LESS)
32-39-26-00011-0000-00000/3
6,238.18 Errors
COSCO JOHN W
32-40-32-00006-0110-00024/0
3,002.25 Errors
COULTER DALEY THOMAS (TRS)
FBO THE COULTER LIVING TRUST
32-39-32-00027-0000-00060/0
3,607.74 Errors
CROCKETT LYNDA M
31-38-24-00001-3080-00002/0
137.83 Errors
DALE KENNETH
32-39-10-00005-0000-00244/0
266.78 Errors
DAPPEN STEPHANIE A
33-39-11-00006-0050-00001/2
1,689.08 Errors
DENNIS RAY A & BRIDGETTE M
32-39-09-00013-0003-00019/0
3,394.16 Errors
DICESARE LINDA A
31-39-08-00009-0000-05908/0
1,250.51 Errors
DILLARD'S INC
PROPERTY TAX DEPT
33-39-05-00007-0000-00001/0
2,930.65 Errors
DIVOSTA HOMES LP
0222802 0000
475.54 Errors
DUPUISJAMES E
33-39-16-00003-0007-00013/0
281.28 Errors
FAGAN TERRY J & BERIT M
33-39-15-00021-0002-00011/0
1,561.75 Errors
FIQUET PAUL M
31-38-26-00001-3130-00008/0
2,035.24 Errors
GEORGE CHARLTON
33-40-16-00008-0005-00005/0
1,162.88 Errors
GEORGES NICHOLAS CHARLES JR
33-39-11-00034-0000-00019/0
1,355.19 Errors
GRACE HEALTHCARE LLC
VERO BEACH INVESTMENT LLC
0220752 0000
1,505.18 Errors
GRAVES BROTHERS COMPANY
31-39-33-00000-1000-00001/0
15,360.09 Errors
HAWKINS KEVIN S
31-39-19-00001-6090-00007/0
(5,131.40) Errors
HAWKINS KEVIN S
31-39-19-00001-6090-00012/0
(5,107.58) Errors
HAWKINS KEVIN S
31-38-12-00005-5060-00008/0
(4,452.66) Errors
HAWKINS KEVIN S
31-38-12-00005-5050-00009/0
(4,442.41)
Errors
HAWKINS KEVIN S
31-38-12-00005-5080-00001/0
(4,441.29)
Errors
HAWKINS KEVIN S
33-39-27-00002-0050-00013/0
(2,830.95)
Errors
HAWKINS KEVIN S
31-39-19-00001-6170-00001/0
(2,721.20)
Errors
HAWKINS KEVIN S
31-39-19-00001-6170-00002/0
(2,721.18)
Errors
HEM GARY D
31-38-34-00005-0050-00013/0
40.86
Errors
HEPBURN WARREN R A
31-39-15-00001-0030-00003/0
6,008.54
Errors
HINCKLEY GEORGE T & LYNDA S
31-38-14-00002-1720-00012/0
394.15
Errors
HODGES PHILLIP M
33-39-28-00008-0000-00058/0
496.82
Errors
HOLIDAY BUILDERS INC
31-38-14-00002-1620-00019/0
(3,581.32)
Errors
HOOVER JOAN M
33-40-27-00034-0000-00221/0
654.80
Errors
HOWARD MARY E (CO -TR)
FBO MARY C HOWARD TRUST
32-40-18-00002-0000-00180/0
22,638.24
Errors
INDIAN RIVER COMMUNITY COLLEGE
DISTRICT BOARD OF TRUSTEES
33-39-05-00001-0130-00001/0
9,594.32
Errors
INDIAN RIVER COUNTY
33-39-18-00001-0040-00001/0
461.92
Errors
INTERTRADERONE LLC
32-39-23-00030-0000-00084/0
(4,082.28)
Errors
ITURRINO ANGIE
33-39-13-00007-0008-00003/0
941.54
Errors
J & SJUBILEE 24/6 LLC
31-38-33-00003-0030-00028/0
344.67
Errors
JOHNSON CAROL A (LE)
33-40-18-00002-0200-00101/0
959.06
Errors
KLUNTZJOHN
31-37-00-00001-1238-00001/0
826.43
Errors
LAKES AT WATERWAY VILLAGE HOA
32-39-15-00004-0000-00000/2
721.50
Errors
LAKES AT WATERWAY VILLAGE HOMEOWNERS ASSOCIATION INC
32-39-21-00015-0000-00000/1
136.50
Errors
LAKES AT WATERWAY VILLAGE HOMEOWNERS ASSOCIATION INC
32-39-21-00015-0000-00000/2
448.50
Errors
LANCASTER WILLIAM J
31-39-08-00006-0010-06202/0
928.90
Errors
LARSON ZOE ROSE
32-39-30-00001-0110-00002/0
4,066.10
Errors
LATTY ALLAN LLOYD
31-39-18-00001-4110-00036/0
1,986.11
Errors
LOGAN LORI MAE
31-38-13-00003-1430-00005/0
170.01
Errors
LOMBARDO SAMUEL N (TR)
33-40-34-00001-0000-00003/0
7,298.90
Errors
LORIGAN THOMAS
32-39-15-00003-0000-00139/0
2,628.36
Errors
LOVELL ASHLEIGH C & PHILLIP ADAM
31-39-08-00002-0000-00019/0
1,055.52
Errors
LYMAN DANA RAE
33-39-03-00014-0000-00000/2
234.05
Errors
LYMAN JOHN LAWRENCE
31-38-25-00001-3910-00006/0
2,335.17
Errors
M & R UNITED INC
02209840000
477.56
Errors
MACKENZIE ANGUS WILLIAM SR (TRS)
33-39-16-00014-0000-00026/0
175.34
Errors
MAGNOLIA COURT AT WATERWAY VILLAGE HOA INC
32-39-16-00011-0000-00000/1
97.50
Errors
MAGNOLIA COURT AT WATERWAY VILLAGE HOA INC
ATT: HOA OFFICE
32-39-16-00011-0000-00000/3
136.50
Errors
MARINA 231 LLC
33-40-27-00027-0000-00123/0
236.21
Errors
MARTINEZ LUZ
31-38-33-00007-0020-00005/0
1,513.77
Errors
MATHIS JESSICA L
31-37-00-00009-0910-00012/0
704.47
Errors
MCCARTHY CATHERINE
32-39-23-00030-0000-00086/0
(4,292.41)
Errors
MCDONAGH ANTHONY T & TAMMY L
33-39-35-00002-1190-00009/0
1,676.75
Errors
MCKEE BOTANICAL GARDEN INC
33-40-19-00011-0000-00004/0
1,638.07
Errors
MERRITT ORLIN
31-39-23-00009-0000-00006/0
1,218.23
Errors
MONACO BRUCE P
33-39-07-00005-0000-00061/0
3,366.02
Errors
MONTGOMERY JOSEPH C& DIANE P
32-39-36-00001-0010-00012/0
1,021.70
Errors
NICHOLS MATTIE •
32-39-26-00010-0050-00066/0
(105.33)
Errors
NYQUIST BENGT ANDERS III (TRS)
33-39-02-00008-0010-00002/0
1,299.54
Errors
O'DARE RORY
33-40-05-00028-0000-00006/0
436.04
Errors
ORLANDO BATHING SUIT LLC
0223444 0000
1,223.46
Errors
PALM LAKE OF SEBASTIAN INC
31-39-20-00003-0003-00034/0
1,831.64
Errors
PALOS MARCE & DIANE R
31-39-19-00001-5800-00024/0
574.23
Errors
PEREZ YANET PENA
33-39-15-00012-0020-00007/0
995.82
Errors
PILLAI PADMAN &
32-39-22-00001-0020-00004/0
(140.33)
Errors
PITTILLO JEBB
31-39-17-00003-0000-00005/0
2,862.54
Errors
POWELL PATRICHA (L)
32-39-28-00009-0000-00005/0
491.30
Errors
REYNOLDS JAMES C
33-39-16-00008-0000-00046/0
2,817.68
Errors
RIVERFRONT PACKING CO LLC
32-39-23-00000-5000-00002/0
12,645.54
Errors
RODOLICO MARK
0220619 0000
622.16
Errors
ROLLE CHRISTOPHER LAMONT SR &
33-39-26-00012-0000-00047/0
1,515.90
Errors
ROSENTHAL BILL (TR)
32-39-21-00013-0000-00081/0
469.31
Errors
RUSS BHRILLERJ &
32-39-22-00010-0000-00022/0
2,069.61
Errors
RYAN JUNE M
31-38-24-00001-1990-00006/0
1,285.49
Errors
RYAN MARGARET
33-40-19-00004-0780-00201/0
206.70
Errors
SANCHEZ MARTIN GUEVARA
31-38-27-00003-0010-00010/0
573.93
Errors
SASSO GERALD & ELIZABETH GALAMBOS
33-39-35-00006-0000-00280/0
543.75
Errors
SELIG MICHAEL ANTHONY II & MOLLY A
31-38-34-00001-0120-00015/0
3,057.49
Errors
7
SHAPIRO ROBERT
32-39-32-00019-0000-00016/1
2,491.83
Errors
SLEATER JOSEPH PATRICK
32-40-18-00011-0010-00132/0
1,260.96
Errors
SNODGRESS MICHAEL A
32-39-28-00005-0010-00003/0
1,862.46
Errors
SPRINKLE KENNETH A
33-39-21-00018-0000-00102/0
799.38
Errors
STAND NICHOLAS & REBECCA
31-39-30-00005-0090-00001/0
(4,109.14)
Errors
THE SCHOOL BOARD OF INDIAN RIVER COUNTY
33-39-02-00000-7000-00001/3
3,953.92
Errors
TIMBERLAKE SEAN M
33-39-35-00002-1290-00021/0
1,782.91
Errors
TSO VERO BEACH LP
33-38-03-00001-0100-00004/1
18,802.42
Errors
VERO IRC LLC
33-39-05-00003-0010-00009/1
136.50
Errors
VERO IRC LLC
33-39-05-00001-0120-00002/0
331.50
Errors
VOGEL ROBERT CJR
32-39-33-00002-0000-00009/0
2,143.42
Errors
WALKER RUBY JEAN THOMAS
32-39-22-00000-5000-00037/0
842.07
Errors
WALTRIP DONN VERN
33-39-12-00001-0003-00010/0
1,326.27
Errors
WAUREGAN BOAT CLUB INC
30-38-21-00001-9999-00005/1
864.19
Errors
WHITFIELD INVESTMENTS LLC
33-39-02-00008-0020-00002/0
(3,541.58)
Errors
WILBUR JEFFREY D & SUSAN B
32-39-19-00001-0060-00003/1
20,060.62
Errors
WILSON CATTLE COMPANY LLC
33-39-31-00001-0150-00002/0
4,912.71
Errors
WOOD BRIAN & INES M
33-39-03-00021-0030-00007/0
1,799.27
Errors
ZUBER RICHARD S
33-40-18-00002-0060-00206/0
220.17
Errors
TOTAL - ERRORS
220,175.88
CITY OF FELLSMERE
31-37-00-00001-1441-00004/0
30.26
Insolvency
THE SCHOOL BOARD OF INDIAN RIVER COUNTY
33-39-02-00000-7000-00001/3
177.23
Insolvency
TOTAL - INSOLVENCIES
207.49
ABG 19 LLC
33-39-12-00000-1000-00042/1
18.53
Under
Minimum
ABRAXAS LLC
0203616 0000
18.16
Under
Minimum
ALMAND JESSE R & SUMMER P
32-39-30-00006-0000-00002/0
11.22
Under
Minimum
AMERICAN INDUSTRIAL TRANSPORT INC
TAX DEPT
7200789
22.74
Under
Minimum
ANDERSONS, THE
7200006
13.26
Under
Minimum
ANDERSONS, THE
7400006
26.58
Under
Minimum
APOSTOLIC FAITH REVIVAL CENTER
32-39-26-00002-0130-00003/0
21.00
Under
Minimum
APOSTOLIC FAITH REVIVAL CENTER
32-39-26-00004-0200-00001/0
21.00
Under
Minimum
APOSTOLIC FAITH REVIVAL CENTER
32-39-26-00004-0200-00002/0
21.00
Under
Minimum
ARCADIA OF VERO BEACH HOA INC
32-39-32-00027-0000-00000/3
19.50
Under
Minimum
ARCADIA VERO BEACH LLC
32-39-32-00024-0000-00000/3
19.50
Under
Minimum
ASCENTIUM CAPITAL LLC
0222820 0000
25.88
Under
Minimum
ASHLEY FURNITURE HOMESTORE
0223003 0000
18.03
Under
Minimum
AT&T MOBILITY LLC
0220307 0000
8.52
Under
Minimum
ATLANTIS PROPERTIES OF VERO BEACH LLC (2/3) &
33-40-28-00000-0030-00007/0
24.84
Under
Minimum
AY! JALISCO III INC
0217184 0000
26.46
Under
Minimum
BANK OF AMERICA NA
0219454 0000
24.37
Under
Minimum
BAUR SHAUNA
33-40-28-00000-0040-00005/0
2.62
Under
Minimum
BEASLEY LEONA MC DOUGALD
32-39-26-00010-0070-00103/0
12.37
Under
Minimum
BELCHER E N JR (ETAL)
33-37-23-00000-7000-00002/0
13.77
Under
Minimum
BENJAMIN LYNDA L *
30-39-33-00000-1000-00009/0
2.69
Under
Minimum
BENT PINE GOLF CLUB INC
32-39-15-00000-3000-00011/2
27.85
Under
Minimum
BENT PINE GOLF CLUB INC
32-39-16-00000-1000-00015/1
27.85
Under
Minimum
BENT PINE GOLF CLUB INC
32-39-16-00000-1000-00015/2
27.85
Under
Minimum
BRACKFAM LAND AND CATTLE LLC
32-35-23-00000-1000-00002/1
17.51
Under
Minimum
BRACKFAM LAND AND CATTLE LLC
32-35-26-00000-3000-00001/2
27.94
Under
Minimum
CAC VERO I LLC
32-39-22-00000-1000-00003/2
24.70
Under
Minimum
CAIN & BRANIGAN
32-40-31-00016-0000-00000/1
19.50
Under
Minimum
CANAL R/W
33-39-34-00001-0130-00002/0
7.42
Under
Minimum
CARDTRONICS USA INC
0218709 0000
15.25
Under
Minimum
CARINI EUGENE * and OLIVE B
33-39-15-00001-0080-00019/0
24.44
Under
Minimum
CELLCO PARTNERSHIP
VERIZON WIRELESS
0222052 0000
27.94
Under
Minimum
CELLCO PARTNERSHIP
VERIZON WIRELESS
0222053 0000
5.00
Under
Minimum
CHANDLER PHILIP L
30-38-21-00006-0250-00009/0
1.00
Under
Minimum
CITY OF FELLSMERE
31-37-00-00002-0000-00046/0
29.00
Under
Minimum
CITY OF FELLSMERE
31-37-00-00004-0020-00054/0
29.00
Under
Minimum
CITY OF FELLSMERE
31-37-00-00013-0000-00000/3
29.00
Under
Minimum
CITY OF VERO BEACH
32-39-26-00011-0050-00001/1
19.50
Under
Minimum
CITY OF VERO BEACH
32-39-26-00011-0050-00001/2
19.50
Under
Minimum
F:
CLARK EDWARD and LOUISE
32-39-10-00003-0020-00017/1
22.23
Under Minimum
COMCAST IP PHONE II LLC
02208110000
3.92
Under Minimum
COMCAST IP PHONE II LLC
0220812 0000
25.47
Under Minimum
COMMUNITY CHURCH OF VERO BEACH
33-39-02-00001-0390-00001/0
19.50
Under Minimum
COMMUNITY CHURCH OF VERO BEACH
33-39-02-00001-0390-00003/0
19.50
Under Minimum
COMMUNITY CHURCH OF VERO BEACH
33-39-02-00001-0390-00012/0
19.50
Under Minimum
COMMUNITY CHURCH OF VERO BEACH
33-39-02-00001-0390-00013/0
19.50
Under Minimum
COMMUNITY CHURCH OF VERO BEACH INC
33-39-02-00001-0240-00003/0
19.50
Under Minimum
CONDE CLARENCE P *
31-39-17-00000-0020-00029/2
10.70
Under Minimum
CORDNER HAROLD & LIANNE
30-39-33-00000-7000-00012/0
4.72
Under Minimum
CORDNER HAROLD & LIANNE K
30-39-33-00000-7000-00013/0
4.83
Under Minimum
CROOKED TREE LAND AND CATTLE COMPANY
32-35-14-00000-7000-00003/0
5.68
Under Minimum
CROOKED TREE LAND AND CATTLE COMPANY
32-35-23-00000-1000-00004/0
15.62
Under Minimum
CROWN CASTLE SOUTH LLC
0215726 0000
27.58
Under Minimum
CRYO -TRANS INC
7100228
9.95
Under Minimum
CRYO -TRANS INC
7200228
4.33
Under Minimum
CRYO -TRANS INC
7300228
21.69
Under Minimum
CRYO -TRANS INC
7400228
8.64
Under Minimum
CSC SERVICEWORKS INC
0222798 0000
20.54
Under Minimum
CSC SERVICEWORKS INC
0223235 0000
8.00
Under Minimum
CSC SERVICEWORKS INC
0223236 0000
5.65
Under Minimum
DATAPATH VERTICAL BRIDGE LLC
33-39-02-00000-7000-00001/8
13.52
Under Minimum
DAVID J JOSEPH CO
7200215
16.13
Under Minimum
DAWSEY WOODROW
31-39-29-00000-3000-00011/0
24.45
Under Minimum
DAWSEY WOODROW
31-39-29-00000-3000-00012/0
24.45
Under Minimum
DEONARINE MEDICAL CTR LLC
0217509 0000
9.40
Under Minimum
DERMATHERAPY INC
01903610000
4.89
Under Minimum
DESTINATION SEBASTIAN LLC
30-39-33-00000-7000-00007/0
2.98
Under Minimum
DFM INTEGRITY ENTERPRISES & SOLUTIONS LLC
32-39-15-00000-1000-00010/1
29.98
Under Minimum
DIAZ MARIO * and RAQUEL
33-39-10-00001-0070-00004/0
28.77
Under Minimum
DIRECTV LLC
0211306 0000
9.21
Under Minimum
DIVOSTA HOMES LP
32-39-16-00011-0000-00000/4
19.50
Under Minimum
DIXIE HIGHWAY REALTY LLC
02035300000
7.22
Under Minimum
DM PERFECTION INC
33-39-24-00014-0000-00000/1
12.37
Under Minimum
DOT -BAR LLC
32-35-31-00000-5000-00011/0
19.93
Under Minimum
DYNASTY PROPERTIES OF SOUTH FLORIDA LLC
30-39-33-00000-1000-00006/0
2.96
Under Minimum
ENRIQUEZ PEDRO & TERESA
33-39-18-00001-0050-00004/0
21.98
Under Minimum
ESCO LYNN (TRS) &
FBO MARGARET BELCHER TRUST
33-37-14-00000-3000-00002/0
22.35
Under Minimum
ESTUARY DEVELOPMENT LTD *
32-39-24-00002-0000-00000/1
0.24
Under Minimum
EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC
33-39-02-00016-0010-00001/1
19.50
Under Minimum
EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC
33-39-02-00016-0010-00001/2
19.50
Under Minimum
EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC
33-39-02-00016-0010-00011/0
19.50
Under Minimum
FELIX POPPELL POST39 DEPT OF FL AMERICAN LEGION INC
33-39-01-00047-0200-00009/0
19.50
Under Minimum
FELLSMERE CHURCH OF GOD (TRS)
31-37-00-00009-0820-00001/0
29.00
Under Minimum
FEY HAROLD
31-38-11-00003-0090-00019/0
5.86
Under Minimum
FIRST BAPTIST CHURCH OF VERO BEACH INC
33-39-02-00001-0280-00004/0
19.50
Under Minimum
FIRST BAPTIST CHURCH OF VERO BEACH INC
33-39-02-00001-0300-00010/0
19.50
Under Minimum
FIRST BAPTIST CHURCH OF VERO BEACH INC
33-39-02-00001-0300-00014/0
19.50
Under Minimum
FIRST CHURCH OF THE NAZARENE INC
33-39-11-00014-0020-00004/0
19.50
Under Minimum
FIRST CHURCH OF THE NAZARENE INC
33-39-11-00014-0020-00016/0
19.50
Under Minimum
FIRST CHURCH OF THE NAZARENE INC
33-39-11-00014-0020-00018/0
19.50
Under Minimum
FIRST METHODIST CHURCH OF VERO BEACH INC
33-39-02-00001-0420-00003/0
19.50
Under Minimum
FIRST METHODIST CHURCH OF VERO BEACH INC
33-39-02-00001-0430-00003/0
19.50
Under Minimum
FIRST METHODIST CHURCH OF VERO BEACH INC
33-39-02-00001-0430-00004/0
19.50
Under Minimum
FIRST METHODIST CHURCH OF VERO BEACH INC
33-39-02-00001-0430-00007/0
19.50
Under Minimum
FIRST PRESBYTERIAN CHURCH OF VERO BEACH FL INC
33-39-01-00005-0310-00011/0
19.50
Under Minimum
FIRST UNITED METHODIST CHURCH
33-39-02-00001-0420-00004/0
19.50
Under Minimum
FIRST UNITED METHODIST CHURCH
33-39-02-00001-0420-00006/0
19.50
Under Minimum
FIRST UNITED METHODIST CHURCH OF VERO BEACH INC
33-39-02-00001-0390-00008/0
19.50
Under Minimum
FIRST UNITED METHODIST CHURCH OF VERO BEACH INC
33-39-02-00001-0390-00010/0
19.50
Under Minimum
FIRST UNITED METHODIST CHURCH OF VERO BEACH INC
33-39-02-00001-0420-00010/0
19.50
Under Minimum
FISCHER HENRY A
31-39-20-00000-1000-00022/2
12.44
Under Minimum
FISCHER HENRY ANTHONY
31-38-14-00000-5000-00003/0
26.87
Under Minimum
FLOAT -ON CORPORATION
0206290 0000
22.99
Under Minimum
FLORIDA ATLANTIC CITRUS PROPERTY OWNERS ASSOCIATION INC
31-37-00-00001-0568-00001/0
29.42
Under Minimum
FLORIDA ATLANTIC CITRUS PROPERTY OWNERS ASSOCIATION INC
31-37-00-00001-0625-00001/0
29.51
Under Minimum
FLORIDA ATLANTIC CITRUS PROPERTY OWNERS ASSOCIATION INC
31-37-00-00001-0677-00001/0
29.46
Under Minimum
4
FLORIDA EAST COAST RAILWAY LLC 32-39-10-00000-3000-00018/0 6.18 Under Minimum
FLORIDA POWER & LIGHT COMPANY 33-40-31-00000-5000-00004/1 24.70 Under Minimum
FORBES JAMES D 32-40-18-00059-0000-00000/7 29.97 Under Minimum
FOUNTAIN JOHN N JR 33-38-03-00002-0010-00009/0 25.64 Under Minimum
FULMER BROTHERS INC 0065550 0000 17.00 Under Minimum
GAMUT PROPERTIES LLC 30-39-33-00000-7000-00010/0 2.39 Under Minimum
GAMUT PROPERTIES LLC
CT CORPORATION SYSTEM
GERALD M BARBARITO (BISHOP)OF THE DIOCESE OF PALM BEACH
GILMORE JOSEPH A * and STEPHANIE
GOLDING JEFFREY & MARY BETH
GRAINGER KEITH A
GRAND HARBOR NORTH LAND LLC
GRAVES BROS *
GRIMM MANAGEMENT LTD PTNR
GROVER ALBERT D &
HALLMARK MARKETING CORPORATION -011
HAMPTON WOODS EAST PROPERTY OWNERS ASSOCIATION LLC
HARBOUR SIDE YACHT CLUB INC
HC SALON HOLDINGS INC
HEALTH CARE REIT INC
HEEL HUNTING LLC
HICKS-ROSALIA ANGELA E
HOLMAN B L (LESS)
HOWARD BARBARA S (TR)
HPE DEPOSITOR MASTER TRUST
HTEN
HUGH CORRIGAN III FAMILY LIMITED PARTNERSHIP (1/2) &
HUGH CORRIGAN III FAMILY LIMITED PARTNERSHIP (1/2) &
HULLFISH CLARENCE E
HUMANA INC
HUNTER BRUCE &
HUTCHINSONS FLORAL INC
HYBRID SOURCES INC
I.M.G. ENTERPRISES INC
INDIAN RIVER COUNTY
INDIAN RIVER COUNTY
INDIAN RIVER COUNTY
INDIAN RIVER COUNTY
INDIAN RIVER COUNTY
INDIAN RIVER COUNTY
INDIAN RIVER COUNTY
INDIAN RIVER COUNTY
INDIAN RIVER COUNTY
INDIAN RIVER COUNTY
INDIAN RIVER COUNTY
INDIAN RIVER COUNTY
INDIAN RIVER COUNTY SCHOOL BOARD
INDIAN RIVER LAND TRUST INC &
INDIAN RIVER MOTOR HAUS LLC
INDIAN RIVER PROPERTY LP
JOHNS ISLAND CLUB INC
JOHNS ISLAND INC
JOURNIGAN HORACE (TRS) &
FIRST BAPTIST CH OF FELLSMERE
KASHI CHURCH FOUNDATION INC
KEAN JOHN (TRS) &
KING'S BAPTIST CHURCH INC
KING'S BAPTIST CHURCH INC
KLETTY RICHARD F & MONICA EVE
L3HARRIS TECHNOLOGIES INC
LAMB CHARLENE R
LAPSCO INC
LATT MAXCY CORP
LECK PROPERTIES INC
LEOPOLDO SILVIO & VALERIE
LEWIS JESSIE G * &
LGR RANCH CATTLE COMPANY LLC
30-39-33-00000-7000-00009/0
33-39-02-00004-0120-00001/0
33-38-03-00002-0030-00009/0
31-39-04-00000-0030-00004/1
31-39-33-00000-1000-00038/0
32-39-15-00000-1000-00025/0
31-39-33-00000-1000-00001/1
33-39-12-00000-3000-00039/1
30-39-33-00000-1000-00005/0
01911710000
33-39-09-00031-0000-00000/2
33-40-28-00005-0000-00000/1
0223757 0000
33-39-13-00000-1000-00014/0
32-35-26-00000-5000-00001/0
32-39-06-00001-0010-00001/1
32-36-00-00000-0000-00007/0
31-38-23-00000-5000-00006/0
0223703 0000
0223478 0000
32-38-29-00000-5000-00001/0
32-38-32-00000-3000-00001/0
32-35-31-00000-3000-00001/6
30-38-25-00000-0010-00017/0
32-39-10-00000-3000-00008/0
0216354 0000
01977500000
33-37-04-00000-5000-00003/0
31-39-06-00017-0010-00013/1
31-39-30-00002-0000-00000/3
32-39-17-00002-0010-00010/0
32-39-17-00002-0010-00013/0
32-39-17-00002-0010-00014/0
32-39-17-00002-0010-00015/0
32-39-17-00002-0010-00016/0
32-39-26-00003-0180-00009/0
32-39-26-00011-0210-00001/3
32-39-28-00007-0030-00016/0
32-39-33-00004-0000-00000/1
33-39-02-00001-0440-00006/0
33-39-09-00001-0150-00005/1
33-40-31-00005-0010-00001/0
32-39-26-00022-0001-00000/2
32-38-30-00000-5000-00001/0
32-39-12-00000-0010-00002/0
32-40-07-00000-0040-00001/0
2.92 Under Minimum
19.50 Under Minimum
1.63 Under Minimum
2.49 Under Minimum
18.63 Under Minimum
1.23 Under Minimum
28.02 Under Minimum
3.11 Under Minimum
2.87 Under Minimum
23.71 Under Minimum
19.50 Under Minimum
9.00 Under Minimum
21.20 Under Minimum
7.42 Under Minimum
12.93 Under Minimum
0.37 Under Minimum
4.80 Under Minimum
16.02 Under Minimum
20.69 Under Minimum
17.14 Under Minimum
5.64 Under Minimum
20.66 Under Minimum
19.38 Under Minimum
2.49 Under Minimum
20.39 Under Minimum
29.02 Under Minimum
2.50 Under Minimum
18.08 Under Minimum
6.30 Under Minimum
9.21 Under Minimum
19.50 Under Minimum
19.50 Under Minimum
19.50 Under Minimum
19.50 Under Minimum
19.50 Under Minimum
21.00 Under Minimum
19.50 Under Minimum
19.50 Under Minimum
19.50 Under Minimum
19.50 Under Minimum
19.50 Under Minimum
24.00 Under Minimum
21.00 Under Minimum
15.94 Under Minimum
1.67 Under Minimum
21.01 Under Minimum
31-37-00-00009-1160-00012/0
29.00
Under
Minimum
30-38-00-00001-0280-00076/4
13.82
Under
Minimum
32-39-01-00001-0260-00001/0
4.84
Under
Minimum
33-39-13-00022-0000-00001/0
19.50
Under
Minimum
33-39-13-00022-0000-00002/0
19.50
Under
Minimum
32-39-30-00000-3000-00004/0
12.85
Under
Minimum
0223475 0000
11.06
Under
Minimum
30-38-25-00007-0000-00001/1
24.83
Under
Minimum
0206782 0000
29.59
Under
Minimum
32-35-22-00000-5000-00001/1
1.22
Under
Minimum
31-39-17-00000-0020-00029/3
15.80
Under
Minimum
30-39-33-00000-7000-00005/0
2.87
Under
Minimum
33-39-12-00000-1000-00042/0
13.60
Under
Minimum
32-35-22-00000-3000-00001/0
8.50
Under
Minimum
10
LISLE DORIS M (TR)
31-35-03-00000-3000-00002/0
20.37 Under Minimum
LISLE DORIS M (TR)
31-35-04-00000-1000-00002/0
29.23 Under Minimum
LISLE DORIS M (TR)
31-35-04-00000-5000-00004/0
11.50 Under Minimum
LOST TREE VILLAGE CORP
32-39-01-00001-1120-00001/0
23.81 Under Minimum
LOST TREE VILLAGE CORP
32-39-01-00001-1140-00001/0
13.97 Under Minimum
LOST TREE VILLAGE CORP
32-40-18-00059-0000-00000/3
8.20 Under Minimum
MAASAI SPECIAL PROJECTS FUND INC
33-40-28-00000-0030-00005/0
20.95 Under Minimum
MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC
31-39-27-00006-0000-00033/0
0.15 Under Minimum
MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC
31-39-27-00006-0000-00034/0
0.15 Under Minimum
MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC
31-39-27-00006-0000-00035/0
0.15 Under Minimum
MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC
31-39-27-00006-0000-00036/0
0.15 Under Minimum
MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC
31-39-27-00006-0000-00037/0
0.15 Under Minimum
MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC
31-39-27-00006-0000-00044/0
0.15 Under Minimum
MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC
31-39-27-00006-0000-00045/0
0.15 Under Minimum
MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC
31-39-27-00006-0000-00046/0
0.15 Under Minimum
MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC
31-39-27-00006-0000-00047/0
0.15 Under Minimum
MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC
31-39-27-00006-0000-00048/0
0.15 Under Minimum
MASCHMEYER PROPERTIES 1400 LLC
33-39-01-00047-0040-00020/1
26.25 Under Minimum
MCINTURF ENTERPRISES INC
32-35-20-00000-1000-00002/0
4.89 Under Minimum
MENTAL HEALTH ASSOC IN IRC INC
33-39-01-00005-0010-00012/1
19.50 Under Minimum
MILLS KATHRYN (TR)
31-35-06-00000-5000-00001/1
20.90 Under Minimum
MILLS KATHRYN (TR)
31-35-18-00000-3000-00001/0
21.83 Under Minimum
MIND & BODY OF VERO LLC
STUART J. SHAFER
0223553 0000
5.61 Under Minimum
MLK PLAZA INC
0215948 0000
22.47 Under Minimum
MOTIVA ENTERPRISES LLC
31-39-06-00020-0060-00001/1
0.14 Under Minimum
MOUNTAIN STONE & GRAVEL INC
0222118 0000
16.72 Under Minimum
MT OLIVE MISSIONARY BAPTIST CHURCH
31-37-00-00004-0030-00073/0
29.00 Under Minimum
MT OLIVE MISSIONARY BAPTIST CHURCH
31-37-00-00004-0030-00074/0
29.00 Under Minimum
NEW BETHEL AME CHURCH
31-37-00-000040020-00061/0
29.00 Under Minimum
OLIN CHLOR ALKALI LOGISTICS
7200312
14.93 Under Minimum
OLIN CHLOR ALKALI LOGISTICS
7400312
29.92 Under Minimum
ORTHODONTIC GROUP VI LLC
0209345 0000
7.94 Under Minimum
PALMS AT VERO BEACH LP THE
0215213 0000
21.97 Under Minimum
PARADISE CENTRAL CORP
33-38-03-00002-0170-00013/1
27.75 Under Minimum
PRESSLEY RANCH INC
32-35-36-00000-0010-00002/0
8.62 Under Minimum
PRESSLEY RANCH INC
32-36-00-00000-0000-00002/0
5.11 Under Minimum
PRESTON ESTATES HOMEOWNERS ASSOCIATION INC
33-39-12-00056-0000-00000/3
19.50 Under Minimum
PRIMA VISTA II CORPORATION
33-38-03-00002-0030-00008/0
29.23 Under Minimum
PRIMA VISTA II CORPORATION
33-38-03-00002-0030-00019/0
21.13 Under Minimum
PROVIDENCE POINTE VERO BEACH LLC
32-39-20-00001-0030-00003/0
22.30 Under Minimum
PTNRS II LLC
33-39-01-00000-5000-00020/0
6.75 Under Minimum
PTNRS 11 LLC
33-39-01-00046-0000-00000/2
20.25 Under Minimum
PUBLIX SUPER MARKETS INC
32-39-23-00029-0000-00000/2
7.45 Under Minimum
R & H DEVELOPMENT CORP
32-40-31-000140000-00000/1
19.50 Under Minimum
RAYMOND LEASING CORPORATION
0206676 0000
22.38 Under Minimum
RAYMOND LEASING CORPORATION
0218699 0000
26.70 Under Minimum
RBCR LLC
31-35-03-00000-1000-00005/0
1.87 Under Minimum
RBCR LLC
31-35-03-00000-5000-00003/0
3.60 Under Minimum
RBCR LLC
32-35-18-00000-3000-00001/0
11.12 Under Minimum
RBCR LLC
32-35-19-00000-1000-00002/0
3.65 Under Minimum
REDEVGROUP INC
33-40-28-00000-0040-00007/1
5.93 Under Minimum
REDLANDS CHRISTIAN MIGRANT ASSOCIATION
31-37-00-00009-1180-00010/0
29.00 Under Minimum
REDLANDS CHRISTIAN MIGRANT ASSOCIATION INC
31-37-00-00009-0830-00016/0
29.00 Under Minimum
RO-ED CORP
32-38-08-00000-1000-00001/1
1.82 Under Minimum
ROSELAND UNITED METHODIST CHURCH
30-38-21-00005-0090-00004/0
1.00 Under Minimum
ROSELAND UNITED METHODIST CHURCH INC
30-38-21-00005-0080-00001/0
1.00 Under Minimum
ROSELAND UNITED METHODIST CHURCH INC
30-38-21-00005-0100-00006/0
1.00 Under Minimum
ROSELAND UNITED METHODIST CHURCH INC
30-38-21-00005-0120-00001/0
1.00 Under Minimum
ROYAL PALM POINTE OF VERO BEACH CONDO ASSOC INC
32-40-31-00017-0000-00000/3
19.50 Under Minimum
ROYAL PARK CONDO ASSN BLDG E
33-39-01-00052-0050-00000/5
19.50 Under Minimum
ROYAL PARK CONDO ASSN BLDG W
33-39-01-00052-0100-00000/5
19.50 Under Minimum
SAC RENTALS INC
30-39-33-00000-7000-00016/0
4.68 Under Minimum
SALLIN MICHEL& VERONIQUE
33-37-14-00000-7000-00001/1
13.23 Under Minimum
SANDALWOOD OF VERO HOA INC
33-39-10-00030-0080-00001/0
19.50 Under Minimum
SAWMILL RIDGE PROPERTIES INC
33-39-12-00000-3000-00039/0
24.70 Under Minimum
SCHUTT MARGUERITE M (1/2) &
33-39-13-00000-7000-00002/1
6.18 Under Minimum
SCHWERIN 510 LLC
31-39-28-00006-0090-00001/0
5.05 Under Minimum
11
SEACREST ESTATES INC
31-39-34-00000-0060-00001/0
7.89 Under Minimum
SEBASTIAN FITNESS LLC
0216236 0000
22.70 Under Minimum
SEGMENT MARKETS 85 INC
32-39-26-00000-7000-00002/0
15.14 Under Minimum
SILVERS RICHARD WARREN & CATHERINE ANNE
32-35-31-00000-7000-00001/0
17.51 Under Minimum
SINGH REKHA (TR)
30-39-33-00000-1000-00009/1
2.12 Under Minimum
SLADE JON JEFFREY (COTRS) & BONNIE SUSAN (COTRS)
30-38-22-00002-0006-00000/0
14.90 Under Minimum
SOUTH PASSAGE ASSN INC
33-40-28-00000-0030-00001/0
11.76 Under Minimum
SOUTH PASSAGE ASSN INC
33-40-28-00000-0030-00004/0
21.19 Under Minimum
SOUTHERN CLASSIC HOMES LLC
33-38-12-00002-0000-00045/1
25.68 Under Minimum
SOWELL BROADUS F (TR)
FBO BROADUS F & PATRICIA B SOWELL REVOCABLE TRUST
33-39-10.00001-0070-00009/2
28.77 Under Minimum
SPRINT DBA T -MOBILE
02202890000
0.57 Under Minimum
ST FRANCIS MANOR INC
33-39-02-00008-0040-00007/0
19.50 Under Minimum
ST FRANCIS MANOR INC
33-39-02-00008-0040-00008/0
19.50 Under Minimum
ST JOHNS RIVER WATER MANAGEMENT DISTRICT
32-39-32-00024-0000-00000/4
7.28 Under Minimum
ST VINCENT DE PAUL SOC IRC INC
33-39-02-00000-7000-00005/0
19.50 Under Minimum
ST VINCENT DE PAUL SOC IRC INC
33-39-02-00000-7000-00006/0
19.50 Under Minimum
STATE FARM MUTUAL AUTO INS CO
0083790 0000
8.54 Under Minimum
STATE FARM MUTUAL AUTO INS CO
0189687 0000
11.54 Under Minimum
STATE FARM MUTUAL AUTO INS CO
0191447 0000
7.69 Under Minimum
STATE FARM MUTUAL AUTO INS CO
0218786 0000
1.23 Under Minimum
STATE FARM MUTUAL AUTO INS CO
0223036 0000
5.94 Under Minimum
STATE FARM MUTUAL AUTO INS CO
0223037 0000
5.25 Under Minimum
STATE FARM MUTUAL AUTO INS CO
02235210000
0.66 Under Minimum
STATE FARM MUTUALAUTO INS CO
02237000000
0.88 Under Minimum
STINGAREE POINT LLC
32-40-18-00000-0090-00002/0
0.23 Under Minimum
STONES OF ITALY INC
0211467 0000
6.93 Under Minimum
STORER DAVID DUN & CHERI C
32-35-31-00000-5000-00013/0
19.38 Under Minimum
SUN AVIATION INC (LESS)
32-39-26-00011-0060-00001/1
19.50 Under Minimum
TEMPLE BETH SHALOM OF VERO BEACH INC
33-39-16-00001-0090-00010/1
19.50 Under Minimum
THE COMMUNITY CHURCH OF VERO BEACH FLORIDA INC
33-39-02-00001-0240-00004/0
19.50 Under Minimum
THE ESTUARY DEVELOPMENT LTD
32-40-19-00000-0020-00004/0
15.32 Under Minimum
THE INLET AT SEBASTIAN CONDO ASSOC INC
30-38-25-00000-0050-00015/0
1.05 Under Minimum
THE MAGNOLIA COURT AT WATERWAY VILLAGE HOMEOWNERS ASSOCIATION INC
32-39-16-00013-0000-00000/2
19.50 Under Minimum
THE PACKERS OF INDIAN RIVER INC
33-37-14-00000-5000-00001/1
19.78 Under Minimum
THE STRAND AT INDIAN RIVER SHORES LLC
32-39-01-00001-1110-00001/0
6.97 Under Minimum
THE WAREHOUSE OF VERO BEACH LLC
0223743 0000
19.13 Under Minimum
TITAN FLORIDA LLC
7100330
6.90 Under Minimum
TITAN FLORIDA LLC
7200330
3.01 Under Minimum
TITAN FLORIDA LLC
7300330
15.03 Under Minimum
TITAN FLORIDA LLC
7400330
6.01 Under Minimum
T -MOBILE SOUTH LLC
PROPERTY TAX DEPARTMENT
02236970000
19.57 Under Minimum
TR OF HEAVENLY CHURCH OF FIRST BORN
31-39-33-00000-3000-00008/0
12.44 Under Minimum
TREASURE COAST COMMUNITY HEALTH INC
33-39-26-00001-0010-00002/1
19.50 Under Minimum
TREASURE COVE RE HOLDINGS LLC
33-40-16-00004-0000-00021/1
2.48 Under Minimum
TRIPLE S PROPERTIES INC
32-39-26-00006-0000-00025/0
23.10 Under Minimum
TROPICANA TRANSPORTATION CORP
7100915
18.18 Under Minimum
TROPICANA TRANSPORTATION CORP
7200915
7.90 Under Minimum
TROPICANA TRANSPORTATION CORP
7400915
15.80 Under Minimum
TRS OF ST PETERS MISSIONARY BAPTIST CHURCH
32-39-26-00000-3000-00048/0
21.00 Under Minimum
TUERK GEORGE R (TR)
33-38-30-00001-0010-00003/0
16.52 Under Minimum
TUESDAY MORNING INC
02156050000
11.39 Under Minimum
UNITARIAN UNIVERSALIST FELLOWSHIP OF VERO BEACH INC
33-39-10-00003-0010-00003/0
19.50 Under Minimum
UNITED REAL ESTATE VENTURES IN
31-39-04-00000-0030-00004/0
12.85 Under Minimum
UNITED REAL ESTATE VENTURES INC
30-39-33-00000-7000-00015/0
1.13 Under Minimum
VERO BEACH CHURCH OF CHRIST INC
33-39-03-00010-0030-00007/0
19.50 Under Minimum
VERO BEACH CHURCH OF CHRIST INC
33-39-03-00010-0030-00009/0
19.50 Under Minimum
VERO BEACH CHURCH OF CHRIST INC
33-39-03-00010-0030-00010/0
19.50 Under Minimum
VERO BEACH CHURCH OF CHRIST INC
33-39-03-00010-0030-00012/0
19.50 Under Minimum
VERO BEACH CHURCH OF CHRIST INC
33-39-03-00010-0030-00016/0
19.50 Under Minimum
VERO BEACH CHURCH OF CHRIST INC
33-39-03-00010-0030-00017/0
19.50 Under Minimum
VERO BEACH CHURCH OF CHRIST INC
33-39-03-00010-0030-00019/0
19.50 Under Minimum
VERO BEACH CHURCH OF CHRIST INC
33-39-03-00010-0030-00021/0
19.50 Under Minimum
VERO BEACH CHURCH OF CHRIST INC
33-39-03-00010-0040-00001/0
19.50 Under Minimum
VERO BEACH CHURCH OF CHRIST INC
33-39-03-00010-0040-00006/0
19.50 Under Minimum
VERO BEACH CHURCH OF CHRIST INC
33-39-03-00010-0040-00008/0
19.50 Under Minimum
VERO BEACH CHURCH OF CHRIST INC
33-39-03-00010-0040-00009/0
19.50 Under Minimum
12
VERO BEACH CHURCH OF CHRIST INC
33-39-03-00010-0040-00011/0
19.50 Under Minimum
VERO BEACH CHURCH OF CHRIST INC
33-39-03-00010-0040-00016/0
19.50 Under Minimum
VERO BEACH CHURCH OF CHRIST INC
33-39-03-00010-0040-00020/0
19.50 Under Minimum
VERO BEACH COUNTRY CLUB INC
33-39-01-00000-3000-00008/0
15.38 Under Minimum
VERO BEACH THEATRE GUILD INC
33-39-02-00005-0350-00003/0
19.50 Under Minimum
VILLAGE WALK INC
33-39-12-00043-0000-00001/0
12.37 Under Minimum
VIRGINIA W RUSSELL FAMILY LTD PTNR
32-39-26-00000-7000-00006/0
19.62 Under Minimum
VISTA HARBOR
32-39-36-00011-0130-00000/5
19.50 Under Minimum
VISTA HARBOR
32-39-36-00011-0140-00000/5
19.50 Under Minimum
VISTA HARBOR
32-39-36-00011-0150-00000/5
19.50 Under Minimum
VISTA HARBOR
32-39-36-00011-0160-00000/5
19.50 Under Minimum
VISTA HARBOR
32-39-36-00011-0170-00000/5
19.50 Under Minimum
VISTA HARBOR
32-39-36-00011-0180-00000/5
19.50 Under Minimum
VISTA HARBOR
32-39-36-00011-0190-00000/5
19.50 Under Minimum
VISTA HARBOR
32-39-36-00011-0200-00000/5
19.50 Under Minimum
VISTA HARBOR
32-40-31-00010-0010-00000/5
19.50 Under Minimum
VISTA HARBOR
32-40-31-00010-0020-00000/5
19.50 Under Minimum
VISTA HARBOR
32-40-31-00010-0030-00000/5
19.50 Under Minimum
VISTA HARBOR
32-40-31-00010-0040-00000/5
19.50 Under Minimum
VISTA HARBOR
32-40-31-00010-0050-00000/5
19.50 Under Minimum
VISTA HARBOR
32-40-31-00010-0060-00000/5
19.50 Under Minimum
VISTA HARBOR
32-40-31-00010-0070-00000/5
19.50 Under Minimum
VISTA HARBOR
32-40-31-00010-0110-00000/5
19.50 Under Minimum
VISTA HARBOR
32-40-31-00010-0120-00000/5
19.50 Under Minimum
VISTA HARBOR
32-40-31-00010-0210-00000/5
19.50 Under Minimum
VISTA HARBOR APT BLDG
32-40-31-00010-0080-00000/5
19.50 Under Minimum
VISTA HARBOR APT BLDG
32-40-31-00010-0090-00000/5
19.50 Under Minimum
VISTA HARBOR APT BLDG
32-40-31-00010-0100-00000/5
19.50 Under Minimum
VISTA II INC *
33-40-19-00001-0010-00002/1
11.11 Under Minimum
W WABASSO CEMETERY ASSOC INC
31-39-29-00000-3000-00001/0
24.58 Under Minimum
WHIRLPOOL CORPORATION
02234810000
15.88 Under Minimum
WINKLER ANDREW J (TR) &
32-39-03-00000-5000-00001/2
12.37 Under Minimum
TOTAL - UNDER MINIMUM
5,289.80
TOTAL- DISCOUNTS 11,942,491.76
GRAND TOTAL - ERRORS, INSOLVENCIES,
UNDER MINIMUM, AND DISCOUNTS 12,168,164.93
13
INSTRUCTIONS
To Tax Collectors:
505
02/18
1. Use this for the last sheet on your report of discounts, errors, double assessments, and insolvencies.
2. Do not list any item without showing the reason for reduction in the right-hand column.
3. As much as possible, group together all items coming under one heading. For instance, place all errors under
one heading, all double assessments under another, exemptions under another, etc.
4. For exemptions, specify whether widow, veteran, homestead, disability, etc.
Tax Collector Recapitulation
I, Carole Jean Jordan , Tax Collector of Indian River County, Florida, certify this is a report of all discounts, errors,
double assessments, insolvencies, and federal bankruptcies on the assessment roll for 2021 ; that the discounts were
actually earned for the month as shown; that the attached list shows all errors and double assessments as the property
appraiser certified; that I have allowed no exemptions, other than those the attached list shows as certified by the property
appraiser; that each item marked insolvent on the attached list is in fact insolvent and, although I have made a diligent
search, I have been unable to find the tangible personal property to levy on to enforce the payment of the tax; and that I
have not collected any of the items on the attached list.
I am entitled to credit against the 2021 assessment roll on the following amounts:
Discounts
11, 942,491.76
Errors
220,175.88
Double Assessments
0.00
Insolvencies
207.49
Federal Bankruptcies
0.00
Other: (specify)
Under minimum
5,289.80
Total
12,168,164.93
Signature, Tax Collector
Indian River 06/28/2022
County Date
14
Consent
INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF EMERGENCY SERVICES
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: July 5, 2022
SUBJECT: Approval of 2022/2023 State Funded Subgrant Agreement (T0201)
To Update Indian River County's Hazards Analysis
The State of Florida provides funding for each county to conduct a hazards analysis as part of the
overall Emergency Management preparedness mission. The hazards analysis identifies sites that may
contain hazardous materials and the vulnerable areas near these facilities. This is part of the overall
Emergency Management Hazardous Materials Plan.
This year, the State of Florida has provided an agreement that covers the scope of work for this
project. The funding allocated by this agreement to Indian River County is $1,501.64. Completion
of this analysis will allow accurate data when planning for response and recovery in Indian River
County.
FUNDING:
This is a fixed fee, performance-based agreement and there is no requirement to match the allocation
with county funds. Additionally, all work will be performed by county staff and there are no other
associated costs.
ACCOUNT NAME
ACCOUNT NUMBER
AMOUNT
Emergency Management/Operating
Su lies/HazMat Grant
00120825-035290-06807
$1,501.64
RECOMMENDATION:
Staff recommends approval of this agreement and acceptance of the funding provided in the
agreement.
ATTACHMENTS:
1. Original Contract for signature
2. IRC Grant Form
15
Agreement Number: T0201
STATE -FUNDED GRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River
County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the Terms and Conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) LAWS, RULES, REGULATIONS, AND POLICIES
a. As required by section 215.971(1), Florida Statutes, this Agreement includes:
A provision specifying a Scope of Work that clearly establishes the tasks that
the Recipient is required to perform.
ii. A provision dividing the Agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the Scope of Work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Recipient
fails to perform the minimum level of service required by the Agreement.
iv. A provision specifying that the Recipient may expend funds only for allowable
costs resulting from obligations incurred during the specified agreement period.
V. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
vi. A provision specifying that any funds paid in excess of the amount to which
the Recipient is entitled under the Terms and Conditions of the Agreement must be refunded to the
Division.
b. In addition to the foregoing, the Recipient and the Division shall be governed by all
applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any
express reference in this Agreement to a statute, rule, or regulation in no way implies that no other
statute, rule, or regulation applies.
(2) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's Terms and Conditions and
16
shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for the
Division shall:
i. Monitor and document Recipient performance; and,
ii. Review and document all deliverables for which the Recipient requests
payment.
b. The Division's Grant Manager for this Agreement is:
Isabell Parker
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Telephone: 850-570-6941
Email: Isabell.Parker@em.myflorida.com
c. The name and address of the representative of the Recipient responsible for the
administration of this Agreement is:
Name:
Title:
Address:
City, State, Zip:
Work Phone:
Email:
d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party.
(3) TERMS AND CONDITIONS
This Agreement contains all the Terms and Conditions agreed upon by the parties.
(4) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(5) MODIFICATION
17
Either party may request modification of the provisions of this Agreement. Changes which
are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the
original of this Agreement.
(6) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(7) PERIOD OF AGREEMENT
This Agreement shall begin July 1, 2022 and shall end on June 30, 2023, unless
terminated earlier in accordance with the provisions of Paragraph (16) TERMINATION. In accordance
with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this
Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement.
(8) FUNDING
a. This is a Fixed -Fee Agreement, subject to the availability of funds.
b. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Florida Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution.
c. The Division will pay the Recipient only for the successful completion of each
deliverable. The maximum payment amount for each deliverable is outlined in Attachment A of this
Agreement ("Budget"). The maximum payment amount for the entirety of this Agreement is $1,501.64
d. The Division will review any request for payment by comparing the documentation
provided by the Recipient against a performance measure, outlined in Attachment G, which clearly
delineates:
i. The required minimum acceptable level of service to be performed; and,
ii. The criteria for evaluating the successful completion of each deliverable.
e. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the period of agreement
and produce a Final Reconciliation Report. The Final Reconciliation Report must identify any funds paid
in excess of the expenditures incurred by the Recipient.
f. For the purposes of this Agreement, the term "improper payment" means or includes:
i. Any payment that should not have been made or that was made in an
incorrect amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
g. As required by the Reference Guide for State Expenditures, reimbursement for travel
must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on
the approved State travel voucher.
(9) RECORDS
a. As a condition of receiving State financial assistance, and as required by sections
20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of
Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of
access to any documents, financial statements, papers, or other records of the Recipient which are
pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of
access also includes timely and reasonable access to the Recipient's personnel for the purpose of
interview and discussion related to such documents. For the purposes of this section, the term "Recipient"
includes employees or agents, including all subcontractors or consultants to be paid from funds provided
under this Agreement.
b. The Recipient shall maintain all records related to this Agreement for the period of
time specified in the appropriate retention schedule published by the Florida Department of State.
Information regarding retention schedules can be obtained at: hftp://dos.myflorida.com/librarV-
archives/records-man age ment/general-records-schedules/.
c. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three
(3) basic requirements: (1) all meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to the board of directors
for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's
governing board or the meetings of any subcommittee making recommendations to the governing board
may be subject to open government requirements. These meetings shall be publicly noticed, open to the
public, and the minutes of all the meetings shall be public records, available to the public in accordance
with chapter 119, Florida Statutes.
d. Florida's Public Records Law provides a right of access to the records of the State
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
19
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
e. The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work, Attachment A, and all other applicable laws and regulations.
f. 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: (850) 815-4156, Records@em.myflorida.com, or 2555
Shumard Oak Boulevard, Tallahassee, FL 32399.
(10) AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement, the
Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
§200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
b. When conducting an audit of the Recipient's performance under this Agreement, the
Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the fellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
c. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty (30) days after the Division has notified the Recipient of such non-compliance.
d. The Recipient shall have all audits completed by an independent auditor, which is
defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed
under chapter 473." The independent auditor shall state that the audit complied with the applicable
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provisions noted above. The audits must be received by the Division no later than nine (9) months from
the end of the Recipient's fiscal year.
e. The Recipient shall send copies of reporting packages required under this paragraph
directly to each of the following:
The Division of Emergency Management
DEMSingle Audifija.em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
ii. The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
(11) REPORTS
a. The Recipient shall provide the Division with a Close -Out Report in accordance with
Attachment G. This Report shall include the current status and progress by the Recipient and all Sub -
Recipients and subcontractors in completing the work described in the Scope of Work, in addition to any
other information requested by the Division.
b. The Close -Out Report is due sixty (60) days after termination of this Agreement or sixty (60)
days after completion of the activities contained in this Agreement, whichever occurs first.
c. If all required deliverables, reports, and copies are not sent to the Division or are not
completed in a manner acceptable to the Division, the Division may withhold further payments until they
are completed or may take other action as stated in Paragraph (15) REMEDIES. "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Scope of Work.
d. The Recipient shall provide additional program updates or information that may be required by
the Division.
e. The Recipient shall provide additional reports and information identified in Attachment A.
(12) MONITORING
a. The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment G to this Agreement and reported in the Close -Out
Report.
b. In addition to reviews of audits conducted in accordance with Paragraph (10) AUDITS above,
monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope
21
audits, or other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event the Division determines that a
limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance
and financial management by the Recipient throughout the period of agreement to ensure timely
completion of all tasks.
(13) LIABILITY
a. Unless Recipient is a State agency or subdivision, as defined in section 768.28, Florida
Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performed under this Agreement. For purposes of this Agreement, Recipient agrees
that it is not an employee or agent of the Division but is an independent contractor.
b. Any Recipient which is a State agency or subdivision, as defined in section 768.28, Florida
Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims
or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or
omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve
as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall
be construed as consent by a State agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of this Agreement.
(14) DEFAULT
If any of the following events occur ("Events of Default'), all obligations on the part of the Division
to make further payment of funds shall, if the Division elects, terminate and the Division has the option to
exercise any of its remedies set forth in Paragraph (15) REMEDIES. However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
a. If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to
keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement
with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations
under this Agreement;
b. If material adverse changes occur in the financial condition of the Recipient at any time
during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days
from the date written notice is sent by the Division.
c. If any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete or insufficient information.
22
d. If the Recipient has failed to perform and complete on time any of its obligations under this
Agreement.
(15) REMEDIES
If an Event of Default occurs, then the Division shall, after thirty (30) days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty (30) days, exercise any one or more
of the following remedies, either concurrently or consecutively:
a. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior
written notice of the termination. The notice shall be effective when placed in the United States, first class
mail, postage prepaid, by Registered Mai ITM or Certified Mail®, Return Receipt Requested, to the address
in Paragraph (2) CONTACT herein.
b. Begin an appropriate legal or equitable action to enforce performance of this Agreement.
c. Withhold or suspend payment of all or any part of a request for payment.
d. Require that the Recipient refund to the Division any monies used for ineligible purposes
under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
i. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
ii. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
iii. advise the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
iv. require the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible.
f. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other remedies
in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any
other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(16) TERMINATION
a. The Division may terminate this Agreement for cause after thirty (30) days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under chapter 119, Florida Statutes, as amended.
b. The Division may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further
expenditure of funds, by providing the Recipient with thirty (30) days prior written notice.
23
c. The parties may agree to terminate this Agreement for their mutual convenience through a
written amendment of this Agreement. The amendment will state the effective date of termination and the
procedures for proper closeout of this Agreement.
d. In the event this Agreement is terminated, the Recipient will not incur new obligations for the
terminated portion of this Agreement after the Recipient has received the Notification of Termination. The
Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the
termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division
because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by
law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due
the Division from the Recipient is determined.
(17) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Division for review and approval before it is executed by the
Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the
terms of this Agreement, (ii) the subcontractor is bound by all applicable State and Federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the Close -Out Report the
subcontractor's progress and completion of its tasks and work performance under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to whether
that subcontractor is a minority business enterprise, as defined in section 288.703, Florida Statutes.
(18) ATTACHMENTS
a. All Attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this Agreement and
the Attachments, the language of the Attachments shall control, but only to the extent of the conflict or
inconsistency.
c. This Agreement has the following Attachments:
Exhibit 1 - Funding Sources
Attachment A — Budget and Scope of Work
Attachment B — Program Statutes and Regulations
Attachment C — Statement of Assurances
Attachment D — Justification of Advance Payment
Attachment E — Warranties and Representations
Attachment F — Certification Regarding Debarment
Attachment G — Schedule of Deliverables
Attachment H — 302 Facility List
Attachment I — Financial Invoice Form
Attachment J — Hazards Analysis Guidance and Information
24
Attachment K — Hazard Analysis Site Visit (SV) Certification Form
Attachment L — Statement of Determination (SOD) Form
Attachment M — Close -Out Reporting Form
(19) PAYMENTS
a. Any advance payment under this Agreement is subject to section 216.181(16), Florida
Statutes. All advances are required to be held in an interest-bearing account. If an advance payment is
requested, the budget data on which the request is based, and a justification statement shall be included
in this Agreement as Attachment D. Attachment D will specify the amount of advance payment needed
and provide an explanation of the necessity for and proposed use of these funds. No advance shall be
accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced
payment. After the initial advance, if any, payment shall be made on a fixed -fee basis as needed.
b. Invoices shall be submitted in accordance with Attachment I and shall include the supporting
documentation for the project or services. The Final Invoice shall be submitted within sixty (60) days after
the expiration date of the Agreement. An explanation of any circumstances prohibiting the submittal of
timely invoices per deliverable due date shall be submitted to the Division Grant Manager as referenced
in Paragraph (11) REPORTS of this Agreement.
c. If the necessary funds are not available to fund this Agreement as a result of action by the
State Chief Financial Officer or under Paragraph 8 of this Agreement, all obligations on the part of the
Division to make any further payment of funds shall terminate, and the Recipient shall submit its Close -
Out Report within thirty (30) days of receiving notice from the Division.
(20) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of "Division of Emergency Management," and mailed directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division
for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(21) MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later
submission or response to a Division request, or in any submission or response to fulfill the requirements
of this Agreement. All of said information, representations, and materials is incorporated by reference.
The inaccuracy of the submissions or any material changes shall, at the option of the Division and with
25
thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of
the Division from all its obligations to the Recipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this
Agreement is in conflict with any applicable Statute or rule, or is unenforceable, then the provision shall
be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
d. This Agreement may be executed in any number of counterparts, any one of which may be
taken as an original.
e. The Recipient agrees to comply with the Americans with Disabilities Act (Public Law 101-336,
42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis
of disability in employment, public accommodations, transportation, State and local government services,
and telecommunications.
f. Those who have been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with a public entity, and may not transact business with any public entity in excess of $25,000.00
for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the
discriminatory vendor list.
g. Any Recipient which is not a local government or State agency, and which receives funds
under this Agreement from the State government, certifies, to the best of its knowledge and belief, that it
and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a Federal, State, or local department or agency.
ii. Have not, within a five (5) year period preceding this Agreement been convicted of or
had a civil judgment rendered against it for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under public
transaction; violation of Federal or State Antitrust Statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any offenses enumerated in Paragraph (21)(g)(ii) of
this certification; and
iv. Have not within a five (5) year period preceding this Agreement had one or more
public transactions (Federal, State or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion" (Attachment F) for each intended subcontractor that Recipient plans to fund under this
Agreement. The Form must be received by the Division before the Recipient enters into a contract
with any subcontractor.
h. The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Florida Legislature, and subject to any modification in accordance
with chapter 216, Florida Statutes, or the Florida Constitution.
i. All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre -audit and post -audit thereof.
j. Any bills for travel expenses shall be submitted in accordance with section 112.061, Florida
Statutes.
k. The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses
to allow public access to all documents, papers, letters or other material subject to the provisions of
chapter 119, Florida Statutes, which the Recipient created or received under this Agreement.
I. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,
any interest income shall either be returned to the Division or be applied against the Division's obligation
to pay the contract amount.
m. The State of Florida will not intentionally award publicly funded contracts to any contractor
who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324(a)(1)(A)(iv) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 1324(a)(1)(A)(iv) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 1324(a)(1)(A)(iv) of the INA shall be grounds for unilateral cancellation of this
Agreement by the Division.
n. The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011,
Florida Statutes) with respect to the meetings of the Recipient's governing board or the meetings of any
subcommittee making recommendations to the governing board. All meetings shall be publicly noticed,
open to the public, and the minutes of all meetings shall be public records, available to the public in
accordance with chapter 119, Florida Statutes.
o. All expenditures of State financial assistance shall be in compliance with laws, rules and
regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for
State Expenditures.
p. This Agreement maybe charged only with allowable costs resulting from obligations incurred
during the period of agreement.
27
q. Any balances of unobligated cash that have been advanced or paid that are not authorized to
be retained for direct program costs in a subsequent period must be refunded to the State.
r. Section 287.05805, Florida Statutes, requires that any State funds provided for the purchase
of or improvements to real property are contingent upon the contractor or political subdivision granting to
the State a security interest in the property at least to the amount of State funds provided for at least five
(5) years from the date of purchase or the completion of the improvements or as further required by law.
s. The Division may, at its option, terminate the Contract if the Contractor is found to have
submitted a false certification as provided under section 287.135(5), Florida Statutes, or been placed on
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have
been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.
(22) LOBBYING PROHIBITION
a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the Judicial
Branch, or a State agency."
b. No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence Legislation or any other official action by the Florida Legislature or any
State agency.
(23) COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS
ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE
HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
a. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery
or invention to the Division for a determination whether the State of Florida will seek patent protection in
its name. Any patent rights accruing under or in connection with the performance of this Agreement are
reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are
produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the
performance under this Agreement are transferred by the Recipient to the State of Florida.
c. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement that he or she knows or should know
could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-
existing intellectual property that is disclosed. Failure to disclose will indicate that no such property exists.
The Division shall then, under Paragraph (b), have the right to all patents and copyrights that accrue
during performance of this Agreement.
d. If the Recipient qualifies as a State University under Florida law, then, pursuant to section
1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall
become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly
by one or more employees of both parties hereto, each party shall have an equal, undivided interest in
and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully paid, nonexclusive
license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked
work products, developed solely by the Recipient, under this Agreement, for Florida government
purposes.
(24) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this Agreement
and that its governing body has authorized the execution and acceptance of this Agreement. The
Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
(25) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as Attachment C.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
Signature:
Name:
Title:
Date:
Include a copy of the Delegation of Authority for the Signatory, if applicable.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Signature:
Name and Title: Kevin Guthrie, as Director, or Ian Guidicelli as Authorized Designee
Date:
30
EXHIBIT — 1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project -
State awarding agency: Florida Division of Emergency Management
Catalog of State Financial Assistance Title: Emergencv Management Projects
Catalog of State Financial Assistance Number: 31.067
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
1. Florida Emergency Planning and Community Right -To -Know Act (Chapter 252, Part II, Florida
Statutes)
2. CAMEO Data Manager Hazardous Analysis (HA) updates for critical planning data required under
Emergency Planning and Community Right -to -Know Act (EPCRA)
3. U.S. Environmental Protection Agency's Technical Guidance for Hazards Analysis
https://www.epa.gov/epera/technical-qu idance-hazardous-analysis-emergency-planning-
extremely-hazardous-substances
4. E -Plan - Emergency Response Information System Tier II electronic Reporting online
https://tier2.erplan.net/onlinefiling/filingLogin.htm NOTE: 2 C.F.R. Part 200, and section
215.97(5)(a), Florida Statutes, require that the information about State Projects included in Exhibit 1 be
provided to the Recipient.
31
Attachment A
Budget and Scope of Work
Budget
1. First Payment (40% of Contract Amount) $600.66
and must be approved before invoice is submitted.
2. Second Payment (40% of Contract Amount) $600.66
25% Analysis (Deliverable 2) submitted will be reviewed
and must be approved before invoice is submitted.
3. Final Payment (20% of Contract Amount) $300.33
Final Payment will not be made without required
transmittal verifications, and final approved zip file
uploaded to Salesforce and SharePoint.
TOTAL AMOUNT
Purpose
$ 1,501.64
On October 17, 1986, Congress enacted the Emergency Planning and Community Right -to -Know Act
(EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA). EPCRA
requires hazardous chemical emergency planning by Federal, State and local governments, Indian
Tribes, and industry. Additionally, EPCRA required industry to report on the storage, use and releases of
certain hazardous materials (HazMat).
At the Federal level, the U.S. Department of Environmental Protection Agency (EPA) administers EPCRA.
At the State level, the Florida Division of Emergency Management (FDEM) serves as the lead agency
responsible for oversight and coordination of the local planning efforts required by EPCRA. Chaired by
the Director of FDEM, the State Emergency Response Commission for Hazardous Materials (SERC)
serves as a technical advisor and information clearinghouse for State and Federal hazardous materials
(HazMat) programs. Additionally, the SERC conducts quarterly public meetings in varying locations
throughout the State. Currently, SERC membership consists of 28 Governor appointed individuals who
represent the interests of State and local government, emergency services, industry. and the
environment.
At the district level, Regional Planning Councils (RPCs) each coordinate the activities of a Local Planning
Committee (LEPC) that: (1) performs outreach functions to increase hazardous materials (HazMat)
awareness; (2) collects data on hazardous materials stored within the geographical boundaries of the
RPC; (3) develops hazardous materials emergency plans for use in responding to and recovering from a
release or spill of hazardous or toxic substances; (4) submits hazardous materials emergency plans to
the SERC for review; (5) provides the public with hazardous materials information upon request. LEPC
membership consists of local professionals representing occupational categories such as firefighting, law
enforcement, emergency management, health, environment, and transportation.
At the local level, each of Florida's 67 Counties or the LEPC's perform Hazards Analyses (HA) (a county
may elect to contract with the LEPC or qualified vendor). The Counties' Hazards Analysis (HA) data is
included in the LEPC Emergency Response Plan (ERP) for Extremely Hazardous Substances (EHSs)
required under EPCRA and encompasses; identification of facilities and transportation routes of
Extremely Hazards Substances (EHS); description of emergency response procedures; designation of a
32
community coordinator and facility emergency coordinator(s) to implement the plan; outline of emergency
notification procedures; description of how to determine the probable affected area and population by
releases; description of local emergency equipment and facilities and the persons responsible for them;
outline of evacuation plans; a training program for emergency responders; and, methods and schedules
for exercising emergency response plans. This Agreement provides funding so that the Recipient can
assist in maintaining the capability necessary to perform the duties and responsibilities required by
EPCRA. The Recipient shall conduct Hazards Analyses (HA) on-site visits for 50% of the facilities listed in
Attachment H which have reported to the SERC the presence of those specific Extremely Hazardous
Substances (EHSs) designated by the U.S. Environmental Protection Agency in quantities above the
Threshold Planning Quantity (TPQ). The data collected under this Agreement will be used to comply with
the planning requirements of the Superfund Amendments and Reauthorization Act of 1986, Title III,
"Emergency Planning and Community Right -To -Know Act of 1986" and the Florida Emergency Planning
and Community Right -To -Know Act, Florida Statutes, chapter 252, Part II.
Requirements
A. The Recipient shall submit a list of facilities within the geographical boundaries of the County or
Counties listed on Attachment H that are suspected of not reporting to the State Emergency
Response Commission (SERC) the presence of Extremely Hazardous Substances (EHSs) in
quantities above the Threshold Planning Quantity (TPQ), as designated by the U. S.
Environmental Protection Agency.
B. The completed Hazards Analysis (HA) shall comply with the site-specific Hazards Analysis (HA)
criteria outlined below for each facility listed in Attachment H. The primary guidance documents
are Attachment J Hazards Analysis Guidance and Information, CAMEO Data Manager Help Files,
and the U.S. Environmental Protection Agency's "Technical Guidance for Hazards Analysis" at;
https://www.epa.gov/epera/technical-qu idance-hazardous-analysis-emergency-planninq-
extremely-hazardous-substances. All Hazards Analyses (HA) shall be consistent with the
provisions of these documents. Any variation from the procedures outlined in these documents
must be requested in writing, submitted in advance, and approved by the Division.
C. Consult the Tier II Report in E -Plan prior to any on-site visits or phone interview updates for all
facilities to be updated. Compare the E -Plan Tier II Report with information in CAMEO Data
Manger files. Discuss any discrepancies with Facility Representatives during the on-site visit or
phone interview.
D. Conduct an on-site visit (or phone interview) at each Attachment H facility to ensure accuracy of
the Hazards Analysis (HA). Each applicable facility's Hazards Analysis (HA) information shall be
entered using the new CAMEO Data Manager. CAMEO Data Manager software can be download
from the U.S. Environmental Protection Agency's website at https://www.epa.gov/cameo/cameo-
data-manager-software.
E. Deliverables — See Attachment G Schedule of Deliverables. All Deliverables shall be submitted
through the Division's Salesforce portal. When Notifications are sent, the Division must receive
transmittal documentation. A final Division -approved CAMEO Data Manager zip file (Deliverable
3) must be uploaded to Salesforce.
Deliverables
Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for
successful completion of the deliverable task(s) required by this Agreement.
• First payment, the Division shall not reimburse the Recipient for an amount that exceeds 40%
of the overall amount authorized by this Agreement unless the Recipient completes multiple
deliverables.
33
• Second payment, the Division shall not reimburse the Recipient for an amount that exceeds
40% of the overall amount authorized by this Agreement unless the Recipient completes
multiple deliverables.
• Third payment, the Division shall not reimburse the Recipient for an amount that exceeds
20% of the overall amount authorized by this Agreement unless the Recipient is submitting
for multiple deliverables.
Deliverables shall be submitted to the Division's Salesforce platform on the Deliverable object. The
deliverable shall include all required forms and supporting documents sufficient to verify the accuracy of
deliverable completion. In addition, deliverable 3 must be submitted to the Division's SharePoint site.
Following review and approval of the deliverable by the Division's assigned Grant Manager, the Recipient
shall submit an invoice request on the Division's Salesforce Platform on the Financial Activity object. In
the Financial Activity, the Recipient shall attach their approved deliverable in the "Deliverable" field, and r
the completed Attachment I — Financial Invoice Form.
Instructions for utilizing Salesforce will be provided as a Salesforce External User Guide.
Financial Consequences
Failure to successfully complete each of the required tasks, as demonstrated by the failure to satisfy the
applicable deliverables, may result in one of the following penalties.
• A 20% reduction of the overall amount authorized by this Agreement and/or
• Payment will be reduced by $110.00 per facility with incorrect or incomplete CAMEO Data
Manager files
Failure to submit deliverables by their due date may result in the following penalty:
Reduction of the deliverable payment amount to the Recipient by 50% for each thirty (30) day period. The
second subsequent 50% reduction will take effect thirty (30) days after the previous reduction.
If, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully
perform a task and/or complete a deliverable required by this Agreement, then the Recipient shall notify
the Division immediately. If the Division agrees that the inability to perform was directly due to
circumstances beyond the control of the Recipient, then the Division will consider waiving the imposition
of a financial consequence.
34
Attachment B
Program Statutes and Regulations
Emergency Planning and Community Right -to -Know Act (EPCRA), Title III of the Superfund
Amendments Reauthorization Act of 1986, 42 U.S.C. s. 1101, et seq. (SARA Title III).
2. Florida Emergency Planning and Community Right -to -Know Act, chapter 252, Part II, Florida
Statutes.
35
Attachment C
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal Statutes, and State of Florida laws,
regulations, policies, guidelines and requirements, and Uniform Administrative Requirements for Grants
and Cooperative Agreements 28 CFR, Part 66, Common Rule that govern the application, acceptance and
use of State funds for this State -funded Agreement. The Applicant assures and certifies that:
1. It will comply with provisions of Federal law which limit certain political activities of employees of a State
or local unit of government whose principal employment is in connection with an activity financed in whole
or in part by Federal grants. (5 USC 1501,et. seq.)
2. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards
Act.
3. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives
the appearance of being motivated by a desire for private gain for themselves or others, particularly those
with whom they have family, business, or other ties.
4. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
5. It will ensure that the facilities under its ownership, lease, or supervision which shall be utilized in the
accomplishment of the deliverables are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Division of the receipt of any communication from the Director
of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration
for listing by the EPA.
6. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or
disability against a Recipient of funds, the Recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
7. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
8. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free
Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for Grantees, as defined at 28
CFR Part 67 Sections 67.615 and 67.620.
M
Attachment D
JUSTIFICATION OF ADVANCE PAYMENT
SUB -RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff, award benefits to clients, duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY
(List Applicable Cost Category)
2021-2022 Anticipated Budget Category
Expenditures for Advance Payment Request
TOTAL ANTICIPATED EXPENSES:
$0.00
BUDGET CATEGORY & COST JUSTIFICATION: For each Budget Category and cost, provide a
detailed justification explaining the need for the cash advance. The justification must include supporting
documentation that clearly shows the advance will be expended within the first ninety (90) days of the
Agreement's Performance Period. Support documentation should include anticipated training, POIs,
planning project expenses, and administrative costs (as applicable) to provide the Division with
reasonable and necessary justification for the advance request. Any advance funds not expended within the
first ninety (90) days of the Agreement's execution shall be returned to the Division Cashier, 2555 Shumard
Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days after the ninety (90) day timeframe
expires, along with any interest earned on the advance.
37
Attachment E
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current, and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowable and reasonable under the
provisions of the applicable OMB cost principles and the Terms and Conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is
in the Recipient's interest to do so.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
RM
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all work for which they are hired by the Recipient.
39
Attachment F
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective Subcontractor, , of the Recipient certifies, by
submission of this document, that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's Subcontractor is unable to certify to the above statement, the prospective
Subcontractor shall attach an explanation to this Form.
SUBCONTRACTOR:
B1
Recipient's Signature
Name and Title
Street Address
City, State, Zip
Date
Recipient's Printed Name
FDEM Agreement Number
Project Number (if applicable)
40
Attachment G
Schedule of Deliverables
Deliverable
#
Deliverables
Due Date
Price
Financial
Consequences
• Provide completed CAMEO Data Manager files for
25% of facilities listed in Attachment H
• Provide a list identifying the names of facilities submitted
in the Deliverable. Identify the facility name, SERC
Subject to the
number, site visit date, SOD, and notes on special
Financial
circumstances when applicable.
Consequences
1
• Upload completed Attachment K Forms, and
November 1,
40% of
section
Attachment L Forms (when applicable) to
2022
Contract
AttachmentA,
Salesforce
Amount
Budget and Scope
• Upload Attachment I Financial Invoice Form to
of Work.
Salesforce and request payment following
deliverable review and approval. This is not
subject to the deliverable due date.
• Provide completed CAMEO Data Manager files for
25% of facilities listed in Attachment H
• Provide a list identifying the names of facilities submitted
in the Deliverable. Identify the facility name, SERC
Subject to the
number, site visit date, SOD, and notes on special
Financial
circumstances when applicable.
40% of
Consequences
2
• Upload completed Attachment K Forms, and
March 1, 2023
Contract
section of
Attachment L Forms (when applicable) to Salesforce
Amount
Attachment A,
• Upload Attachment I Financial Invoice Form to
Budget and Scope
Salesforce and request payment following deliverable
of Work.
review and approval. This is not subject to the
deliverable due date.
• Provide completed Hazards Analysis (HA) (CAMEO
Data Manager zip file) to the Local Emergency
Planning Committee (LEPC) (if applicable) and
Subject to the
provide FDEM with notification of transmittal.
Financial
• Notify first responders and Attachment H facilities of the
20% of
Consequences
3
availability of HA information and provide the FDEM
June 1, 2023
Contract
section of
Grant Manager with the notification of transmittal.
Amount
Attachment A,
• Upload the final "approved" CAMEO Data Manager zip
Budget and
file into Salesforce and SharePoint. Use naming
Scope of Work.
convention (County name, Final HA, Year).
• Upload Attachment I Financial Invoice Form to
Salesforce and request payment following
deliverable review and approval. This is not subject
to the deliverable due date.
30 days
• Upload completed Attachment M Close -Out Report
following
contract
Form to Salesforce
completion
41
Attachment H
2022-23 SECTION 302 HA FACILITY LIST
This is your Counties' entire Section 302 Extremely Hazardous Substances (EHSs) List obtained from E -
Plan. Select 50% of the highest risk facilities to inspect this grant year. If you become aware or know of
a chemical facility near a school, large residential apartment complex, or other high-risk areas, put that
facility on your list to inspect. Try to select facilities that pose a greater risk based upon the chemicals
present, the chemicals' amounts, previous releases, etc.
This year's Section 302 EHS HA data was extracted from E -Plan in June 2022. If you know of facilities
that you believe still have chemicals on-site from recent site visits or from other historical data you have
on file that should be reporting, but are not on this list:
• Contact the facility directly and ask them to report if possible.
• Contact FDEM staff listed below so that the facility can be added to the Division's Potential
Non -Filer List.
• Wendy. ReynoldsC@em.myflorida.com
• Robert. Dietrich@em.myflorida.com
• Remember: Complete only 50% of your entire Section 302 EHS List this grant year.
• Choose 25% of the Section 302 EHS facilities on this list for Deliverable 1
• Choose 25% of the Section 302 EHS facilities on this list for Deliverable 2
PLEASE REFER TO THE FACILITIES ATTACHMENT LIST SENT VIA EMAIL WHICH SERVES AS
THE BASIS FOR THIS ATTACHMENT.
42
SERC ID
Facility Name/Address
County
LEPC
Contactlnfo
ChemicalName
MaxDailyQty Ibs
Storage/Pressure/Temperature Tpes/Location/Max Amount
1107
VERO BEACH WATER
Indian River
10
1. Jeffrey Howard /jhoward@covb.org 772-
Calcium Oxide [Lime]
600,000
"Above ground tank"/"Ambient pressure"/"Ambient
TREATMENT PLANT/ 2515
427-8477, 772-978.5235 12. Robert Bolton/
[Quicklime]
temperature"/"Chemical BLDG C"/600,000(Pounds)
AIRPORT NORTH DRIVE, VERO
rbolton@covb.org 772-978-5220
BEACH,FL32960
1108
VERO BEACH WASTEWATER
Indian River
30
1. Stephen Utter/ sutter@covb.org 772-473-
Sulfuric Acid
38,389
"Above ground tank"/"Ambient pressure"/"Ambient
TREATMENT PLANT / 1717
6882,772-978-5220 12. Robert Bolton /
temperature"/"at W WTP building B"/2,500(gallons)
STREET, VERO BEACH, FL 32960
rbolton@covb.org 772-978-5220
1320
PIPER AIRCRAFT/2926 PIPER
Indian River
10
1. Stacy Gordon/stacy.gordon@piper.com
Jetfuel
34,884
"Tank wagon"/"Ambient pressure"/"Ambient temperature"/"1P-5
DRIVE, VERO BEACH, FL 32960-
3216527884,772-299-2424 12. Stacy Gordon /
Tank Truck"/15,048(pounds)
1964
stacy.gordon@piper.com 772-299-2424
"Steel Drum"/"Ambient pressure"/"Ambient temperature"/"Bld
21/12 hangars (portable containers)"/410(pounds)
'Tank wagon"/"Ambient pressure"%'Ambient temperature"/"AvGas
Tank Truck"/13,680(pounds)
"Tank wagon"/"Ambient pressure"/"Ambient temperature"/"Bldg.
12 Exprimental"/2,052(pounds)
1386
SUN AG - FELLSMERE FARMS
Indian River
10
S. Jimmy Pennington /
Diesel Fuel #2
1,066,530
"Above ground tank"/"Ambient pressure"/"Ambient
DIVISION / 7735 COUNTY ROAD
jpennington@sunaginc.com 321-536-5872,
temperature"/"Site Plan"/1,128,759(pounds)
512, FELLSMERE, FL 32948
321-536-5872 12. Jimmy Pennington /
jpennington@sunaginc.com (772) 571-1209
5233
BellSouth-E8612/766
Indian River
10
S. PATRICIA COLEMAN/pc989u@att.com
DIESEL FUEL#2 LOW
21,390
"Above ground tank"%'Ambient pressure"/"Ambient
BEACHLAND BLVD, BACHLAND,
(954) 647-9540, (954) 647-9540 12. Jeremy
SULFUR
temperature"/"N/A-N/A"/21,390(pounds)
FL 32960
McGrue /jeremy.mcgme@att.com (214) 464-
1712
5234
BellSouth -16TH AVE - E8636 /
Indian River
10
1. PATRICIA COLEMAN / pc989u@att.com
DIESEL FUEL #2 LOW
28,520
"Above ground tank"/"Ambient pressure"/"Ambient
197616 AV, VERO BCH, FL 32960
(954) 647-9540, (954) 647-9540 12. Jeremy
SULFUR
temperature "/"N/A- N/A"/28,520(pounds)
McGrue /jeremy.mcgrue@att.com (214) 464-
1712
5235
BellSouth - US HWY 1- E8640 /
Indian River
10
1. EH&S Hotline/ g43573@att.com 1-800-
DIESEL FUEL #2 LOW
14,260
"Above ground tank"/"Ambient pressure"/"Abient1137
US HWY I, SEBASTIAN, FL
KNOWEHS(1-800-566-9347),1-800-KNOWEHS
SULFUR
temperature"/"N/A-N/A"/14,260(pounds)
32958
(1-800-566-9347) 12. Jeremy McGrue/
jeremy.mcgrue@att.com (214) 464-1712
6540
VERO CHEMICAL DISTRIBUTORS
Indian River
10
1. RICHARD CHISHOLM/mark@verochem.com
Sodium hypochlorite
28,000
"Above ground tank"/"Ambient pressure"/"Ambient
755 20 PLACE, VERO BEACH, FL
772-473-8742,772-562-4463 12. Laura Robles
temperature"/"Entire Facility"/28,000(Pounds)
32960
Vero Chemical Distributor/
laura@verochem.com 772-562-4463
6689
INDIAN RIVER COUNTY -SOUTH
Indian River
10
1. Michael Vernon / mvernon@ircgov.com 772
Sulfuric acid
245,602
"Above ground tank"/"Ambient pressure"/"Greater than ambient
COUNTY REVERSE OSMOSIS /
473-3077, 772-532-7475 12. Richard Meckes /
temperature"/"Entire Facility"/245,602(Pounds)
1550 9th STREET SW, VERO
rmeckes@ircgov.com 772-226-3423
BEACH,FL32962
22701
INDIAN RIVER COUNTY -HOBART
Indian River
10
I. Terry Southard/tsouthard@ircgov.com 772
Sodium Hydroxide
615,000
"Above ground tank"/"Greater than ambient pressure"/"Greater
REVERSE OSMOSIS PLANT/ 7751
473-0906, 772-532-7475 12. Richard Meckes /
[Caustic Soda]
than ambient temperature"/"Entire Facility"/615,000(Pounds)
58 AVENUE, VERO BEACH, FL
rmeckes@ircgov.com 772-226-3423
32967-SS30
30425
AT&T-OLD DIXIE HWY-3M239/
Indian River
10
1. PATRICIA COLEMAN/pc989u@att.com
DIESEL FUEL#2 LOW
86,273
"Below ground tank"/"Ambient pressure"/"Ambient
1825 OLD DIXIE HWY, VERO
(954) 647-9540,(954) 647-9540 12. Jeremy
SULFUR
temperature"/"West of Building- N/A"/85,560(pounds)
BEACH, FL 32960
McGrue / jeremy.mcgrue@att.com (214) 464
'Tank inside building"/"Ambient pressure"/"Ambient
1712
temperature"/"Switch Gear Room -1 st"/713(pounds)
34821
CVS Vero Distribution Center CV5
Indian River
10
1. Todd Janson /todd.janson@cvshealth.com
Diesel
98,880
"Above ground tank"/"Ambient pressure"/"Ambient
8701 / 2575 98th Avenue, Vero
772-564-1756,772-774-211112. Matthew
temperature"/"Exterior, SE corner of facility"/24,000(pounds)
Beach, FL 32966
Dentch / matthew.dentch@cvshealth.com 401-
"Above ground tank"/"Ambient pressure"/"Ambient
770-4099
temperature"/"Fire pump house, SW corner of
property"/2,880(pounds)
"Above ground tank"/"Ambient pressure"/"Ambient
temperature"/"Exterior, SE corner of facility "/24,000(pounds)
"Above ground tank"/"Ambient pressure"/"Ambient
temperature"/"Exterior, SE comer of facility"/24,000(pounds)
"Above ground tank"/"Ambient pressure"/"Ambient
temperature"/"Exterior, SE corner of facility"/24,000(pounds)
41675
Vero Beach Research Center/
Indian River
10
1. Nick Ryan / nick.ryan@syngenta.wm
Diesel Fuel
40,125
"Above ground tank"/"Ambient pressure"/"Ambient
7145 58th Avenue, Vero Beach,
7725321254, 7727947126 12. Nick Ryan /
temperature"%'3R3 Main Building generator"/3,575(pounds)
FL 32967
nick.ryan@syngenta.com 772-794-7126
"Above ground tank"/"Ambient pressure"/"Ambient
temperature"/"30 Irrigation pump"/2,250(pounds)
"Above ground tank"/"Ambient pressure"/"Ambient
temperature"/"26 Fueling Station"/5,625(pounds)
"Above ground tank"/"Ambient pressure"/"Ambient
temperature"/"41 Chiller generator"/7,500(pounds)
"Above ground tank"/"Ambient pressure"/"Ambient
temperature"/"10 New Generator"/20,625(pounds)
50185
FLORIDA POWER AND LIGHT-
Indian River
10
1. Tiffany Brady / Tiffany.Brady@fpLcom 772-
Diesel Fuel #2
42,593,882
"Above ground tank"/"Ambient pressure"/"Ambient
Okeechobee Clean Energy Center
971-0109, 772-778-7039 12. Tiffany Brady /
temperature"/"ULSD Tank West Of Admin Building"/(pounds)
/ 21505 State Road 60, Vero
Tiffany.Bmdy@fpl.com
"Above ground tank"/"Ambient pressure"/"Ambient
Beach, FL 32966
temperature"/"Diesel Fire Pump House -East of Service Water
Tank"/(pounds)
43
Attachment I
Financial Invoice Form
2022-2023 Hazard Analysis Grant Agreement
Recipient:
Grant Agreement#:
Deliverable & Invoice Amounts
##
Minimum Performance Requirements
Budget amount
Amount requested by Sub -
per Deliverable
Recipient
No later than November 1, 2022, provide
completed CAMEO Data Manager files for 25% of
40% of HA
1
facilities listed in Attachment H.
Agreement
Hazards Analysis submissions are reviewed and
Amount
must be approved before invoice is submitted.
No later than March 1, 2023, provide completed
CAMEO Data Manager files for 25% of
40% of HA
2
facilities listed in Attachment H.
Agreement
Hazards Analysis submissions are reviewed and
Amount
must be approved before invoice is submitted.
No later than June 1, 2023, provide a complete
correct copy of the "approved" CAMEO Data Manager
20% of HA
3
file to the LEPC and FDEM with a copy of the
Agreement
transmittal letter.
Amount
TOTAL AMOUNTS:
$0.00
I certify to the best of my knowledge and belief the billed costs are in accordance with the
Terms and Conditions of the Hazards Analysis Agreement.
Printed Name and Title
Recipient Signature Date
HA Attachment I Financial Invoice Form -2022
Attachment J
2021-2022 Hazard Analysis Checklist
(All HA's must include the following items at minimum.)
Facility Field Information
Facility Name {per current facility list }
Department field is where the SERC number goes. {Do not add the SERC acronym just the number}
Enter the current Tier II report year
Facility Physical Address
Latitude and Longitude in Decimal Degrees {ex. 30.197, -84.36211
Facility Phone Number
Facility Emergency Coordinator Name, Title, and 24-hour Emergency Phone Number
Transportation Route(s) {From County Line to the Facility}
Evacuation Route(s) to exit the Vulnerable Zone
Historical Accident Record {If none, please note}
Facility Maximum Occupancy (a minimum of one is required for unmanned facilities)
Facility Page (ID and Regs ) (Mark correct 112(r) and Section 302 check boxes, max occupancy, facility manned or unmanned)
Hazard Identification (Chemical in Inventory Field Section) (for each Extremely Hazardous Substance on site)
Update Chemical in Inventory section for each Extremely Hazardous Substance Present over the TPQ
Enter Chemical Abstract Service (CAS) Number and Proper Chemical Name
Type/Design, Pressure, and Temperature of Container(s) cylinder, battery, ambient etc. (Chemical in Inventory Location field)
Physical State in Storage {ex. mixture, pure, liquid, gas} (Chemical in Inventory Physical State and Quantity field)
Enter max daily, average daily amount in lbs. (Chemical in Inventory Physical State and Quantity field)
Enter amount in Largest Container or Interconnected Containers (Chemical in Inventory Physical State and Quantity field) {this is the
amount to be used in the scenario release}
Nature of the Hazard - Physical and Health check boxes {ex. acute, chronic, fire, pressure, etc.} (Chemical in Inventory field)
Vulnerability
Analysis (Scenario Fields accessible from each individual EHS Chemical)
Enter maximum amount in largest container or interconnected containers in the Amount Released field (Scenario ) (This amount
must be the same as the Chemical in Inventory field Maximum amount in largest container amount)
Enter the concentration percentage in the Concentration field (Scenario Description field)
Enter Release Duration (10 minutes for gases, solids in solution or powders; no entry for liquids is required) (Scenario Description field)
Determine the natural Physical State of each chemical (If you don't know it's often specified in Cameo Chemicals add on module) and
enter it into the Scenario Physical description field.)
Weather Information - Use the weather default settings or enter average wind speed (do not enter a value in the Wind from field)
Urban or Forest is recommended in the Ground Roughness field. (Scenario Description field.)
Risk Assessment - Rate the Risk, Consequences and Overall Risk of a release occurring {based upon release history etc.} (Scenario
Description field)
Extent of Vulnerable Zone {CAMEO automatically calculates Threat Zone Radius when Edit button and Estimate Threat Zone Radius
buttons are used} (Scenario Description field)
Enter estimate of Total Exposed Population (Notes area in Scenario)
Enter Critical Facilities (name of critical facility(s) and max occupancy for each; if none, state No Critical Facilities) (Notes area in Scenario)
On -Site Visits, Statements of Determination, and Site Plans (For each Facility within Agreement Period of Performance.)
Site Visit Certification Form (Upload to attachment section on main Facility Field.)( file name must contain at minimum the SERC
number, SV and date. Phone call updates must indicate who made the call, the name of the facility representative spoken to, and
the date of call.)
Statement of Determination (SOD) if applicable (Upload to Attachment Section on main Facility Field) {file name must contain at
minimum SERC number and proper acronym SOD and date.
Site Plan (SP) (Upload to Attachment Section on on main Facility Field.) {file name must contain at minimum the SERC acronym SP — if
SERC number and date. (additional info encouraged but not required.)
Sufficient Detail to Identify: North Arrow
Location of Major Buildings
Name and Location of Extremely Hazardous Substance(s) (if Extremely Hazardous Substances are co -located, noting EHS is acceptable)
Name and Location of Street(s) ) (list the street the facility is on and at a minimum one cross street)
Identify Pertinent Access and Egress Points and other features pertinent to Emergency Response
2021-22 Hazards Analysis Grant Attachment JHA Checklist 1017/2021
45
Attachment K
Hazards Analysis Site Visit (SV) Certification Form
2022-2023 Hazards Analysis Grant
fLORiDA
FACILITY NAME
STREET ADDRESS, CITY & ZIP CODE
COUNTY
NAME OF FACILITY REPRESENTATIVE
SERC ID #
FACILITY REPRESENTATIVE SIGNATURE DATE SIGNED
SITE VISIT PERFORMED BY SITE VISIT DATE
SIGNATURE
The Individuals signing above certify that a Hazards Analysis Site Visit was conducted on the date listed above.
If a telephone update was conducted instead of site visit, please check the box.
NOTES
Check if facility representative was informed about using E -Plan for EPCRA Tier II on-line filing.
(https:Herplan.net/eplan/login.htm)
46
2021-22 HA Anachment X Hazards Analysis Site Visit (SV) Certification Form 4/262021
Attachment L
Statement of Determination
(Check Only One)
❑ Exempt from Reporting for Filing Year ❑ Deregistration
Due to Chemicals Being Removed or Under Threshold for the Filing Year) (Facility Decommissioned)
SITE INSPECTION DATE:
FACILITY NAME:
PHYSICAL ADDRESS, CITY & ZIP:
LEPC: COUNTY: SERC #
❑ Extremely Hazardous Substance(s) EHSs WERE present on-site during the current filing year, but only in DATE
SECTIONS amounts below the established Threshold Planning Quantities (TPQ). ASOFTIIISDATE:
302-303 ❑ EHSs WERE present on-site during the during the current filing year butALL WERE REMOVED AS OF THIS DATE:
❑ NO EHSs WERE present on-site during the current filing year. ALL EIISs WEREREMOVEDASOFIMS DATE.
❑ Extremely Hazardous Substance(s) EHSs WERE present on-site during the current filing year, but only in DATE
SECTIONS amounts below the established Threshold Planning Quantities (TPQ). AS OF THIS DATE:
311-312 ❑ EHSs WERE present on-site during the during the current filing year but ALL WERE REMOVED AS OF THIS DATE:
❑ NO EHSs WERE present on-site during the current filing year. ALLEHSs WEREREMOVEDAS OF THIS DATE.
❑ Not within covered NAICS Codes.
SECTION ❑ Within covered NAICS Codes, but less than ten (10) employees.
313 ❑ Within covered NAICS Codes, butNO Section 313 chemicals WERE present on-site during the current filing year. DATE
ALL SECTION 313 CHEMICALS WERE REMOVED AS OF THIS DATE:
❑ Within covered NAICS Codes, and Section 13 chemicals WERE present on-site during the current filing year, DATE
but only in amounts below the established Threshold Planning Quantities (TPQ). AS OF THIS DATE:
CLOSED FACILITY CHEMICALS CHEMICALS BELOW FACILITY CLOSED/CHEMICALS
REMOVED ESTABLISHED TPQs REMOVED BY DATE:
OTHER ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO
NEW FACILITY DATE EHS(s) WERE ONSITE:
❑ YES ❑ NO DATE EHS(s) EXCEEDED THE ESTABLISHED TPQ:
Further Explanation ifNecessarP:
Certification: (Read and Sign After Completing All Applicable Sections)
I certify under penalty of law that I have personally examined and am familiar with the information submitted on this page,
and that based on my inquiry of those individuals responsible for obtaining the information,
I believe that the submitted information is true, accurate, and complete.
Printed Name of Owner/Operator OR Owner/Operator's Authorized Representative
Signature
Date Signed
By signing this Form, I certify to the best of my knowledge and belief that the information reported is in accordance with the
Terms and Conditions of the Hazards Analysis Agreement.
Signature of LEPC Coordinator/County Official or Authorized Representative
Date Signed
47
HW -13-00 NA Anachment L Statement of Determination (SOD) Form 4/26/2021
Attachment M
Close -Out Report Form
2022-2023 Hazard Analysis Grant Agreement
This form should be completed and submitted to the Division no later than sixty (60) days after
termination date of the Agreement.
SUB -RECIPIENT:
Grant Agreement #: Areement Amount: $0.00
For Each Deliverable, Enter the Award Amount from Attachment A - Budget and Scope of Work
Cost Category
HA Agreement
Deliverable Amounts
Date or Quarter
Completed
Total Amount Paid
Per Deliverable
Deliverable 1
Deliverable 2
Deliverable 3
Total Deliverables
Total Paid for
Amount.
Completed Deliverables:
HA Agreement Amount:
$0.00
Amount Previously Paid:
Unused Balance:
By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate,
and the expenditures, disbursements, and cash receipts are for the purposes and objectives set forth in the Terms and
Conditions of the State -Funded Hazards Analysis Agreement. I am aware that any false, fictitious, or fraudulent
information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud,
false statements, false claims, or otherwise as proscribed by law.
Recipient Printed Name & Title
Recipient Signature Date Signed
FDEM Grant Manager Signature Date Signed
48
HA Attachment M Close -Out Report Form 6/6/2022
GRANT NAME: HazMat Grant GRANT#T0201
AMOUNT OF GRANT: $ 1,501.64
DEPARTMENT RECEIVING GRANT: Emergency Services/Emergency Management
CONTACT PERSON: David Johnson PHONE NUMBER: 772-226-3947
1. How long is the grant for? 1 year
Starting Date:
July 1, 2022
2. Does the grant require you to fund this function after the grant is over?
Yes
X No
3. Does the grant require a match?
Yes
X No
If yes, does the grant allow the match to be In Kind Services?
Yes
X No
4. Percentage of match N/A 0%
N/A
011.13
5. Grant match amount required $
N/A
N/A
6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? N/A
N/A
7. Does the grant cover capital costs or start-up costs? N/A
Yes
No
If no, how much do you think will be needed in capital costs or startup costs?
N/A
N/A
(Attach a detail listing of costs)
$ N/A
012.12
8. Are you adding any additional positions utilizin the grant funds?
If yes, please list. (If additional space is needed. please attach a schedule.)
Yes X
No
Acct.
Description
Position
Position
Position
Position
Position
011.12
Regular Salaries
N/A
N/A
N/A
N/A
N/A
011.13
Other Salaries & Wages T
N/A
N/A
N/A
N/A
N/A
012.11
Social Security
N/A
N/A
N/A
N/A
N/A
012.12
1 Retirement -Contributions
N/A
N/A
N/A
N/A
N/A
012.13
Insurance -Life & Health
N/A
N/A
N/A
N/A
N/A
012.14
Worker's Compensation
N/A
N/A
N/A
N/A
N/A
012.17
S/Sec. Medicare Matching
N/A
N/A
N/A
N/A
N/A
TOTAL
N/A
N/A
N/A
N/A
N/A
9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating?
Salary and Benefits
Operating Costs
Capital
Total Costs
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
10. What is the estimated cost of the grant to the county over five years? $
Signature of Preparer: Date: July 5, 2022
Grant
Other Match Costs
First Year
N/A
N/A
N/A
N/A
Second Year
N/A
$ N/A
N/A
N/A
Third Year
N/A
$ N/A
N/A
N/A
Fourth Year
$ N/A
N/A
N/A
N/A
Fifth Year
N/A
N/A
S N/A
N/A
Signature of Preparer: Date: July 5, 2022
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: June 27, 2022
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Jason E. Brown, County Administrator
Kristin Daniels, Budget Director
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Sole Source Designation Requests and Utilization Update
BACKGROUND:
Many of the key pieces of equipment utilized throughout the County are specialized due to facility
design and/or are standardized for consistency of operations. Many of these items are identified
as sole brand or sole source, as they are only available from the manufacturer, or one of the
manufacturer's authorized distributors.
ANALYSIS:
Staff have identified additional sole source items that should be added, and several items
previously designated as sole source are due for review and renewal by the Board. Current memos
from each manufacturer describing their sole source for our purposes are on file in the Purchasing
Division.
The full list of Board -designated sole source vendors is attached, and includes the current requests
for renewals and new designations, as well as the other active designations. There are currently 93
active designations, with 15 of those requested for renewal.
As requested by (then) Vice Chairman O'Bryan on April 13, 2021, staff has been tracking the sole
source expenditures for each of the previously -approved sole source items and services, with
those amounts provided in the far right column. The total expenditure on sole source designated
expenditures since April 1, 2021, including many small purchases that fall within the Purchasing
Manager's authority, is $12,040,985. The total three-year estimated expenditure on sole source
items, for those designation requests that provided an estimate, is $25,395,644.
Many of the higher -than estimated items and services are due to more repairs needed than
anticipated, as equipment fails.
SOURCE OF FUNDS:
Funds for purchases and repairs will vary depending on the department, item use and location.
50
RECOMMENDATION:
Staff recommends the Board of County Commissioners declare the vendors and products indicated
as "new" or "renewal" on the list of sole source vendors as sole source for a three-year period, and
authorize the Purchasing Division to issue purchase orders in lieu of formal bids or quotes, and as
funding is approved by the Budget Department.
Attachment
BCC Sole Source List for July 12
51
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7771
BCC
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
DEPARTMENT OF GENERAL SERVICES
SANDRIDGE GOLF
Date: July 01, 2022
To: The Honorable Board of County Commissioners
Thru: Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
From: Bela Nagy, Director of Golf
Subject: Request for Purchase Order Increase for Callaway Golf
DESCRIPTION AND CONDITIONS:
Sandridge Golf Club operates a Pro Shop that sells merchandise to patrons of the golf course. This
fiscal year, the pro sales have increased 12% over last year and 39% from two years ago to record
numbers. Callaway Golf is one of the vendors that golf course uses to purchase goods at wholesale
prices to sell at retail in the Pro Shop. This year, Callaway Golf sales have increased by 30% due
to the fact that other companies are not able to deliver clubs, balls, golf bags and headwear due to
supply chain issues.
FUNDING:
Funding in the amount of $20,000.00 is available in Sandridge Golf Course/Inventory-Goods
Resale, account number 418-142000.
Account Name
I Account Number
Amount
Sandridge Golf Course/Inventory-Go ds Resale
418-142000
$20,000.00
RECOMMENDATION:
Staff recommends the Board approve increasing the Purchase Order #91092 with Callaway Golf by
$20,000.00 for a total of $120,000.00 for the purchase of inventory.
APPROVED AGENDA ITEM FOR JULY 12, 2022
C:\Granicus\Legistar5\L5\Temp\OaObbb3a-c3cf-4cda-9276-d356a633fOf9.doc
61
VA
•
INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
Assistant County Administrator /
Department of General Services
Date: July 5, 2022
To: The Honorable Board of County Commissioners
Thru: Jason E. Brown, County Administrator
Thru: Michael Zito, Assistant County Administrator
From: Leigh Anne Uribe, Director County Human Services
Subject: Annual HUD Grant Renewals for Continuum of Care (CoC) Programs
BACKGROUND:
The U.S. Department of Housing and Urban Development (HUD) offers permanent, supportive
housing to persons experiencing homelessness as well as services including health care and
mental health counseling. On behalf of Indian River County, grant applications are submitted by
Treasure Coast Homeless Services Council, Inc. (TCHSC) for funding of these services. Once
awarded, TCHSC administers the grant funds for Continuum of Care (CoC) programs in
cooperation with the Human Services Department of Indian River County and the State Health
Department.
Below is a list of nine grants awarded to Indian River County which are renewing in 2022.
GRANT NUMBER
Project
FUND NG
Performance Period
FL0113L411092109
CoC Wide TRA Renewal
$118,992
09-01-2022 ends 08-31-2023
FL0114L4H092114
ALCOHOPE Renewal
$94,992
04-01-2022 ends 03-31-2023
FL0116L4H092114
HMIS Coordinated Entry
$35,400
09-01-2022 ends 08-31-2023
FL0119L4H092114
New CHRONICS
$361,344
07-01-2022 ends 06-30-2023
FL0338L411092108
CoC Wide TRA TWO
$94,992
09-01-2022 ends 08-31-2023
FL0360L411092112
Indian River CHRONIC
$124,212
06-01-2022 ends 05-31-2023
FL0380L411092107
Family Rental Assistance
$119,904
09-01-2022 ends 08-31-2023
FL0418L411092109
Data Quality
$27,840
01-01-2023 ends 12-31-2023
FL0440L411092110
New Horizons TWO
$144,300
04-01-2022 ends 03-31-2023
TOTAL AMOUNT:
$1,121,976
62
Page Two
HUD Grant Renewals for Continuum of Care (CoC) Programs
July 5, 2022
FUNDING:
These grants require NO MATCHING FUNDS from the County and there are no changes from
previous years in the method the funds are to be disbursed.
RECOMMENDATION:
Staff recommends the Board acknowledge the renewal of the nine grants awarded by HUD in the
aggregate amount of $1,121,976 and authorize Chairman to execute each individual Continuum
of Care Program Grant Agreement.
ATTACHMENTS (8):
Continuum of Care Program Grant Agreement - FLOI 13L4H092109
Continuum of Care Program Grant Agreement - FLOI 14L4H092114
Continuum of Care Program Grant Agreement - FLO116L4H092114
Continuum of Care Program Grant Agreement - FLO 119L4H092114
Continuum of Care Program Grant Agreement - FL0338L4HO92108
Continuum of Care Program Grant Agreement - FL036OL4HO92112
Continuum of Care Program Grant Agreement - FL038OL4HO92107
Continuum of Care Program Grant Agreement - FL0418L4HO92109
Continuum of Care Program Grant Agreement - FL044OL4HO92110
HUD Award Letter
DISTRIBUTION:
Louise Hubbard, Treasure Coast Homeless Services Council
Elissa Nagy, Finance Director
APPROVED AGENDA ITEM JuIV 12, 2022
2 63
Grant Number: FLOI 13L4HO92109
Tax ID Number: 59-6000674
Unique Entity Identifier [SAM]: FB3SLJJZ38K9
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
400 West Bay Street
Suite 1015
Jacksonville, FL 32202
CONTINUUM OF CARE PROGRAM (CDFA# 14.267)
GRANT AGREEMENT
This Grant Agreement ("this Agreement') is made by and between the United States
Department of Housing and Urban Development ("HUD") and Indian River County Board of
Commissioners (the "Recipient").
This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant
Funds"), and the operation of projects assisted with Grant Funds are governed by
1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act");
2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to
time;
3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded.
The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement.
The term "Application" means the application submissions on the basis of which the Grant was
approved by HUD, including the certifications, assurances, technical submission documents, and any
information or documentation required to meet any grant award condition. Capitalized terms that are
not defined in this agreement shall have the meanings given in the Rule.
The Application is incorporated herein as part of this Agreement, except that only the project
(those projects) listed below are funded by this Agreement. In the event of any conflict between any
application provision and any provision contained in this Agreement, this Agreement shall control.
HUD's total funding obligation authorized by this grant agreement is $118,992, allocated
between the project(s) listed below (each identified by a separate grant number) and, within those
projects, between budget line items, as shown below. The Grant Funds an individual project will
receive are as shown in the Application on the final HUD -approved Summary Budget for the project.
Recipient shall use the Grant Funds provided for the projects listed below, during the budget
period(s) period stated below.
www.hud.gov espanol.hud.gov Page I
64
Grant No. Grant Term
FL0113L411092109 12 months
Performance Period
09-01-2022 - 08-31-2023
a. Continuum of Care planning activities
b. Acquisition
c. Rehabilitation
d. New construction
e. Leasing
f. Rental assistance
g. Supportive services
h. Operating costs
i. Homeless Management Information System
j. Administrative costs
k. Relocation Costs
1. HPC homelessness prevention activities:
Housing relocation and stabilization services
Short-term.and medium-term rental assistance
www.hud.gov espanol.hud.gov
Budget Period
09-01-2022 -08-31-2023
Total Amount
$118,992
$0
$0
$0
$0
$0
$118,992
$0
$0
$0
$0
$0
$0
$0
Page 2
M
Pre -award Costs for Continuum of Care Planning
The Recipient may, at its own risk; incur pre -award costs for continuum of care planning .
awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if
such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost;
and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-
award -costs in anticipation of an award imposes no obligation on HUD either to make the. award, or
to increase the amount of the approved budget, if the award is made for less than the amount
anticipated and is inadequate to cover the pre -award costs incurred.
These provisions apply to .all Recipients:
If any new projects funded under this Agreement are for project -based rental assistance for a
term of fifteen (15) years, the funding provided under this Agreement is for the performance period
stated herein only. Additional funding is subject to the availability of annual appropriations.
The budget period and performance period of renewal projects funded by this Agreement. will
begin immediately at the end of the budget period and performance period of the grant being
renewed. Eligible costs incurred between the -end of Recipient's. budget period and performance
period.under the grant being renewed and the date this Agreement is executed by both parties may be
reimbursed with Grants Funds from this Agreement No Grant Funds for renewal projects maybe
drawn down by Recipient before the end date of the project's budget period and performance period
under the grant that has been renewed.
For any transition project funded under this Agreement the budget period and performance
period of the transition project(s) will begin immediately at the end of the Recipient's final operating
year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred
between the end of Recipient's final operating year. under the grant being transitioned and the .
execution of this Agreement may be paid with funds from the first operating year of this Agreement.
HUD designations of Continuums of Care as High -performing Communities (HPCS) are
published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding
Availability page. Notwithstanding anything to the contrary in the Application or this Agreement,
Recipient may only use grant funds for HPC Homelessness. Prevention Activities if the ,Continuum
that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal
year.
The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to
HUD with this Agreement. The Recipient must provide HUDwitha revised schedule when any
change is made to the rate(s) included in the schedule. The schedule and any revisions HUD
receives from the Recipient will be incorporated into and made part of this Agreement, provided that
each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices).
This Agreement shall remain in effect until the earlier of 1) written agreement by the parties;
2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget
period and performance period for all projects funded under this Agreement; or 4) upon the
expiration of the period of availability of Grant Funds for all projects funded under this Agreement.
www.hud.gov espanol.hud.gov Page 3
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field
Office executing the Agreement No right, benefit, or advantage of the Recipient hereunder may be
assigned without prior written approval_ of HUD.
The Agreement constitutes the entire agreement between the parties,. and may be amended
only in writing executed by HUD and the Recipient.
By signing below, Recipients that are states and units oflocal government certify that they
are following a current HUD approved CHAS (Consolidated Plan).
www.hud.gov espanol.hud.gov Page 4
67
This agreement is hereby executed on behalf of the parties as follows:
UNITED STATES OF AMERICA,
Secretary of Housing and Urban Development
By:
Digitally signed by: LISA JOHNSON
LISA JOHNSON DM CN = LISA JOHNSON C= US 0= U.S. Govemment
OU = Department of Housing and Urban Development,
Office of Community Planning and Development
Date: 2022.06.30 09:25:16 -04W
(Signature)
Lisa A Johnson, Acting CPD Director
(Typed Name and Title)
(Date)
RECIPIENT
Indian River County Board of County Commissioners
(Name of Organization)
(Signature of Authorized Official)
Peter D. O'Bryan, Chairman
(Typed Name and Title of Authorized Official)
(Date)
Approved by BCC: July 12, 2022
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved:
LI -A
LIN
Deputy Clerk
Approved as to form and legal sufficiency:
Dylan Reingold, County Attorney
Jason E. Brown, County Administrator
www.hud.gov espanol hud gov Page 5
W.
Indirect Cost Schedule
Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base
This schedule must include each indirect cost rate that will be used to calculate the Recipient's
indirect costs under the grant The schedule must also specify the type of direct cost base to which
each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rate information for subrecipients.
For government entities, enter each agency or department that will carry out activities under the
grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is
used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to
use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414,
enter the applicable indirect cost rate and type of direct cost base in the first row of the table.
For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function
of the organization for which a rate was developed and will be used under the grant, the indirect cost
rate applicable to that major function, and the type of direct cost base to which the rate will be
applied.
To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E;
Appendix N to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and
local governments).
www.hud.gov espanol.hud.gov Page 6
69
Grant Number: FL01 14L4H 092114
Tax ID Number: 59-6000674
Unique Entity Identifier [SAM]: FB3SLJJZ38K9
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
400 West Bay Street
Suite 1015
Jacksonville, FL 32202
CONTINUUM OF CARE PROGRAM (CDFA# 14.267)
GRANT AGREEMENT
This Grant Agreement ("this Agreement") is made by and between the United States
Department of Housing and Urban Development ("HUD') and Indian River County Board of
Commissioners (the "Recipient").
This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant
Funds"), and the operation of projects assisted with Grant Funds are governed by
1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act");
2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to
time;
3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded.
The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement.
The term "Application" means the application submissions on the basis of which the Grant was
approved by HUD, including the certifications, assurances, technical submission documents, and any
information or documentation required to meet any grant award condition. Capitalized terms that are
not defined in this agreement shall have the meanings given in the Rule.
The Application is incorporated herein as part of this Agreement, except that only the project
(those projects) listed below are funded by this Agreement. In the event of any conflict between any
application provision and any provision contained in this Agreement, this Agreement shall control.
HUD's total funding obligation authorized by this grant agreement is $94,992, allocated
between the project(s) listed below (each identified by a separate grant number) and, within those
projects, between budget line items, as shown below. The Grant Funds an individual project will
receive are as shown in the Application on the final HUD -approved Summary Budget for the project.
Recipient shall use the Grant Funds provided for the projects listed below, during the budget
period(s) period stated below.
www.hud.gov espanol.hud.gov Page I
70
Grant No. Grant Term Performance Period Budget Period
FL0114L4H092114 12 months 04-01-2022 - 03-31-2023 04-01-2022 - 03-3.1-2023
a. Continuum of Care planning activities
b. Acquisition
c. Rehabilitation
d. New construction
e. Leasing
f Rental assistance
g. Supportive services
h. Operating costs
i. Homeless Management Information System
j. Administrative costs
k. Relocation Costs
1. HPC homelessness prevention activities:
Housing relocation and stabilization services
Short-term and medium-term rental assistance
www.hud.gov espanol.hud.gov
Total Amount
$94,992
$0
$0
$0.
$0
$0
$94,992
$0
$0
$0
$0
$0
$0
$0
Page 2
71
Pre -award Costs for Continuum of Care Planning
The Recipient may, at its own risk, incur pre -award costs for continuum of care planning
awards, after the date of the HUD selection notice and prior to the effective date of this Agreement; if
such costs: a) are consistent with'2 CFR 200.458; and b) would be allowable as a post -award cost;
and c) do not exceed 10 percent of the. total funds obligated to this award. The incurrence of pre-
award costs in anticipation of an award imposes no obligation on HUD either to make the award, or
to increase the amount of the approved budget, if the award is made for less than the amount
anticipated and is inadequate to cover the pre -award costs incurred.
These provisions apply to all Recipients:
If any new projects funded under this Agreement are for project -based rental assistance for a
term of fifteen (15) years, the funding provided under this Agreement is for the performance period
stated herein only. Additional funding is subject to the availability of annual appropriations.
The budget period and performance period of -renewal projects funded by this Agreement will
begin immediately at the end of the budget period and performance period of the grant being
renewed. Eligible costs incurred between the end of Recipient's budget period and performance
period under the grant being renewed and the date this Agreement is executed by both parties may be
reimbursed with Grants Funds from this Agreement No Grant Funds for renewal projects may be
drawn down by Recipient before the end date of the project's budget period and performance period
under the grant that has been renewed.
For any transition project funded under this Agreement the budget period and performance
period of the transition project(s) will begin immediately at the end of the Recipient's final operating
year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred
between the end of Recipient's final operating year under the grant being transitioned and the
execution of this Agreement may be paid with funds from the first operating year of this Agreement.
HUD designations of Continuums of Care as High -performing Communities (HPCS) are
published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding
Availability page. Notwithstanding anything to the contrary in the Application or this Agreement,
Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum
that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal
year.
The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to
HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any
change is made to the rate(s) included in the schedule. The schedule and any revisions HUD
receives from the Recipient will be incorporated into and made part of this Agreement, provided that
each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices).
This Agreement shall remain in effect until the earlier of 1) written agreement by the parties;
2) by HUD alone; acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget
period and performance period for all projects funded under this Agreement; or 4) upon the
expiration of the period of availability of Grant Funds for all projects funded under this Agreement.
www.hud.gov espanol.hud.gov Page 3
72
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field
Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be
assigned without prior written approval of HUD.
The Agreement constitutes the entire agreement between the parties, and. may be amended
only in writing executed by HUD and the Recipient.
By signing below, Recipients that are states and units of local government certify that they
are following a current HUD approved CHAS .(Consolidated Plan).
www.hud.gov espanol.hud.gov Page 4
73
This agreement is hereby executed on behalf of the parties as follows:
UNITED STATES OF AMERICA,
Secretary of Housing and Urban Development
By. Digitally signed by: LISA JOHNSON
LISA JOHN S O N DN( CN = LISA JOHNSON C= US O= U.S. Government
7U = Department of Housing and Urban Development,
Ofce of Community Planning and Development
D jte: 2022.06.30 09:25:42 -04W
(Signature)
Lisa A Johnson, Acting CPD Director
(Typed Name and Title)
(Date)
RECIPIENT
Indian River County Board of County Commissioners
(Name of Organization)
LIM
(Signature of Authorized Official)
Peter D. O'Bryan, Chairman
(Typed Name and Title of Authorized Official)
(Date)
Approved by BCC: July 12, 2022
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved:
M
Deputy Clerk
Approved as to form and legal sufficiency:
M
Dylan Reingold, County Attorney
Jason E. Brown, County Administrator
www.hud.gov espanol.hud.gov Page 5
74
Indirect Cost Schedule
Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base
This schedule must include each indirect cost rate that will be used to calculate. the Recipient's
indirect costs under the grant. The schedule must also specify the type of direct cost base to which
each included rate applies.(for example, Modred Total Direct Costs (MTDC)). Do not include
indirect cost rate information for subrecipients.
For government entities, enter each agency or department that will carry out activities under the
grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is
used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to
use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414,
enter the applicable indirect cost rate.and type of direct cost base in the first row of the table.
For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function
of the organization for which a rate was developed and will be used under the grant, the indirect cost
rate, applicable to that major function, and the type of direct cost base to which the rate will be
applied.
To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E;
Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and
local governments).
www.hud.gov espanol.hud.gov Page 6
75
Grant Number: FL0116L4H092114
Tax ID Number: 59-6000674
Unique Entity Identifier [SAM]: FB3SLJJZ38K9
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
400 West Bay Street
Suite 1015
Jacksonville, FL 32202
CONTINUUM OF CARE PROGRAM (CDFA# 14.267)
GRANT AGREEMENT
This Grant Agreement ("this Agreement") is made by and between the United States
Department of Housing and Urban Development ("HUD") and Indian River County Board of
Commissioners (the "Recipient").
This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant
Funds"), and the operation of projects assisted with Grant Funds are governed by
1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.G. 11301 et seq. (the "Act");
2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to
time;
3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded.
The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement.
The term "Application" means the application submissions on the basis of which the Grant was
approved by HUD, including the certifications, assurances, technical submission documents, and any
information or documentation required to meet any grant award condition. Capitalized terms that are
not defined in this agreement shall have the meanings given in the Rule.
The Application is incorporated herein as part of this Agreement, except that only the project
(those projects) listed below are funded by this Agreement. In the event of any conflict between any
application provision and any provision contained in this Agreement, this Agreement shall control.
HUD's total funding obligation authorized by this grant agreement is $35,400, allocated
between the project(s) listed below (each identified by a separate grant number) and, within those
projects, between budget line items, as shown below. The Grant Funds an individual project will
receive are as shown in the Application on the final HUD -approved Summary Budget for the project.
Recipient shall use the Grant Funds provided for the projects listed below, during the budget
period(s) period stated below.
www.hud.gov espanol.hud.gov Page 1
76
Grant No. Grant Term Performance Period
Budget Period Total Amount
FL0116L4H092114
12 months 09-01-2022 - 08-31-2023
09-01-2022 - 08-31-2023 $35,400
a.
Continuum of Care planning activities
$0
b.
Acquisition
$0
c.
Rehabilitation
$0
d.
New construction
$0
e.
Leasing
$0
f.
Rental assistance
$0
g.
Supportive services
$0
h.
Operating costs
$0
i.
Homeless Management Information System
$35,400
j.
Administrative costs
$0
k.
Relocation Costs
$0
1.
HPC homelessness prevention activities:
Housing relocation and stabilization services
$0
Short-term and medium-term rental assistance
$ 0
www.hud.gov espanol.hud.gov Page 2
77
Pre -award Costs for Continuum of Care Planning
The Recipient may, at its own risk, incur pre -award costs for continuum of care planning
awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if
such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost;
and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-
award costs in anticipation of an award imposes no obligation on HUD either to make the award, or
to increase the amount of the approved budget, if the award is made for less than the amount
anticipated and is inadequate to cover the pre -award costs incurred.
These provisions apply to all Recipients:
If any new projects funded under this Agreement are for project -based rental assistance for a
term of fifteen (15) years, the funding provided under this Agreement is for the performance period
stated herein only. Additional funding is subject to the availability of annual appropriations.
The budget.period and performance period of renewal projects funded by this Agreement will
begin immediately at the end of the budget period and performance period of the grant being
renewed. Eligible costs incurred between the end.of Recipient's budget period and performance
period under the grant being renewed and the date this Agreement is executed by both parties may be
reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be
drawn down by Recipient before the end date of the project's budget period and performance period
under the grant that has been renewed.
For any transition project funded under this Agreement the budget period and performance
period of the transition project(s) will begin immediately at the end of the Recipient's final operating
year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred
between the end of Recipient's final operating year under the grant being transitioned and the
execution of this Agreement may be paid with funds from the first operating year of this Agreement.
HUD designations of Continuums of Care as High -performing Communities (HPCS) are
published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding
Availability page. Notwithstanding anything to the contrary in the Application or this Agreement,
Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum
that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal
year.
The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to
HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any
change is made to the rate(s) included in the schedule. The schedule and any revisions HUD
receives from the Recipient will be incorporated into and made part of this Agreement, provided that
each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices).
This Agreement shall remain in effect until the earlier of 1) written agreement by the parties;
2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget
period and performance period for all projects funded under this Agreement; or 4) upon the
expiration of the period of availability of Grant Funds for all projects funded under this Agreement.
www.hud.gov espanol.hud.gov Page 3
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field
Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be
assigned without prior written approval of HUD.
The Agreement constitutes the entire agreement between the parties, and may be amended
only in writing executed by HUD and the Recipient.
By signing below, Recipients that are states and units of local government certify that they
are following a current HUD approved CHAS (Consolidated Plan).
www.hud.gov espanol.hud.gov Page 4
79
This agreement is hereby executed on behalf of the parties as follows:
UNITED STATES OF AMERICA,
Secretary of Housing and Urban Development
By: Digitally LISA J O H N S O N ✓ ' =LISA by: LISA JOHNSON
D CN =LISA JOHNSON C =USO = U.S. Government
Department of Housing and Urban Development,
/`OfQce of Community Planning and Development
pO jtte: 2022.06.30 09:26:06 -04'007
(Signature)
Lisa A Johnson, Acting CPD Director
(Typed Name and Title)
(Date)
RECIPIENT
Indian River County Board of County Commissioners
(Name of Organization)
(Signature of Authorized Official)
Peter D. O'Bryan, Chairman
(Typed Name and Title of Authorized Official)
(Date)
Approved by BCC: July 12, 2022
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved:
By: By:
Deputy Clerk Jason E. Brown, County Administrator
Approved as to form and legal sufficiency:
IM
Dylan Reingold, County Attorney
www.hud.gov espanol.hud.gov Page 5
80
Indirect Cost Schedule
Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base
This schedule must include each indirect cost rate that will be used to calculate the Recipient's
indirect costs under the grant. The schedule must also specify the type of direct cost base to which
each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rate information for subrecipients.
For government entities, enter each agency or department that will carry out activities under the
grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is
used. per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to
use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414,
enter the applicable indirect cost rate and type of direct cost base in the first row of the table.
For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function
of the organization for which a rate was developed and will be used under the grant, the indirect cost
rate applicable to that major function, and the type of direct cost base to which the rate will be
applied.
To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E;
Appendix N to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and
local governments).
www.hud.gov espanol.hud.gov Page 6
Grant Number: FLOI 19L4H092114
Tax ID Number: 59-6000674
Unique Entity Identifier [SAM]: FB3SLJJZ38K9
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
400 West Bay Street
Suite 1015
Jacksonville, FL 32202
CONTINUUM OF CARE PROGRAM (CDFA# 14.267)
GRANT AGREEMENT
This Grant Agreement ("this Agreement') is made by and between the United States
Department of Housing and Urban Development ("HUD") and Indian River County Board of
Commissioners (the "Recipient").
This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant
Funds'), and the operation of projects assisted with Grant Funds are governed by
1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act");
2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to
time;
3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded.
The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement.
The term "Application" means the application submissions on the basis of which the Grant was
approved by HUD, including the certifications, assurances, technical submission documents, and any
information or documentation required to meet any grant award condition. Capitalized terms that are
not defined in this agreement shall have the meanings given in the Rule.
The Application is incorporated herein as part of this Agreement, except that only the project
(those projects) listed below are funded by this Agreement. In the event of any conflict between any
application provision and any provision contained in this Agreement, this Agreement shall control.
HUD's total funding obligation authorized by this grant agreement is $361,344, allocated
between the project(s) listed below (each identified by a separate grant number) and, within those
projects, between budget line items, as shown below. The Grant Funds an individual project will
receive are as shown in the Application on the final HUD -approved Summary Budget for the project.
Recipient shall use the Grant Funds provided for the projects listed below, during the budget
period(s) period stated below.
www.hud.gov espanol.hud.gov Page
ME
Grant No.
Grant Term
Performance Period
Budget Period
Total Amount
FLO 1 19L4H092114
12 months
07-01-2022 - 06-30-2023
07-01-2022 - 06-30-2023
$361,344
a. Continuum of Care planning activities
b. Acquisition
c. Rehabilitation
d. New construction
e. Leasing
f. Rental assistance
g. Supportive services
h. Operating costs
i. Homeless Management Information System
j. Administrative costs
k. Relocation Costs
1. HPC homelessness prevention activities:
Housing relocation and stabilization services
Short-term and medium-term rental assistance
www.hud.gov espanol.hud.gov
$0
$0
$0
$0
$0
$361,344
$0
$0
$0
$0
$0
$0
$0
Page 2
RE
Pre -award Costs for Continuum of Care Planning
The Recipient may, at its own risk, incur pre -award costs for continuum of care planning
awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if
such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost;
and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-
award costs in anticipation of an award imposes no obligation on HUD either to make the award, or
to increase the amount of the approved budget, if the award is made for less than the amount
anticipated and is inadequate Ito cover the pre -award costs incurred.
These provisions apply to all Recipients:
If any new projects funded under this Agreement are for project -based rental assistance for a
term of fifteen (15) years, the funding provided under this Agreement is for the performance period
stated herein only. Additional funding is subject to the availability of annual appropriations.
The budget period and performance period of renewal projects funded by this Agreement will
begin immediately at the end of the budget period and performance period of the grant being
renewed. Eligible costs incurred between the end of Recipient's budget period and performance
period under the grant being renewed and the date this Agreement is executed by both parties may be
reimbursed with Grants Funds from this Agreement No Grant Funds for renewal projects may be
drawn down by Recipient before the end date of the project's budget period and performance period
under the grant that has been renewed.
For any transition project funded under this Agreement the budget period and performance
period of the transition project(s) will begin immediately at the end of the Recipient's final operating
year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred
between the end of Recipient's final operating year under the grant being transitioned and the
execution of this Agreement may be paid with funds from the first operating year of this Agreement.
HUD designations of Continuums of Care as High -performing Communities (HPCS) are
published in the HUD Exchange in the appropriate Fiscal Years' CC Program Competition Funding
Availability page. Notwithstanding anything to the contrary in the Application or this Agreement,
Recipient may only use grant. funds for HPC Homelessness Prevention Activities if the Continuum
that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal
year.
The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to
HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any
change is made to the rate(s) included in the schedule. The schedule and any revisions HUD
receives from the Recipient will be incorporated into and made part of this Agreement, provided that
each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices).
This Agreement shall remain in effect until the earlier of 1) written agreement by the parties;
2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget
period and performance period for all projects funded under this Agreement; or 4) upon the
expiration of the period of availability of Grant Funds for all projects funded under this Agreement.
www.hud.gov espanol.hud.gov Page 3
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field
Office executing the Agreement. No right, benefit, .or advantage of the Recipient hereunder may be
assigned without prior written approval of HUD.
The Agreement constitutes the entire agreement between the parties, and may be amended
only in writing executed by HUD and the Recipient.
By signing below, Recipients that are states and units of local government certify that they
are following a current HUD approved CHAS (Consolidated Plan).
www.hud.gov espanol.hud.gov Page 4
RN
This agreement is hereby executed on behalf of the parties as follows:
UNITED STATES OF AMERICA,
Secretary of Housing and Urban Development
(Typed Name and Title)
(Date)
RECIPIENT
Indian River County Board of County Commissioners
(Name of Organization)
(Signature of Authorized Official)
Peter D. O'Bryan, Chairman
(Typed Name and Title of Authorized Official)
(Date)
Approved by BCC: July I2, 2022
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved:
M
Deputy Clerk
Approved as to form and legal sufficiency:
0
By:
Jason E. Brown, County Administrator
Dylan Reingold, County Attorney
www.hud.gov espanol.hud.gov Page 5
M
Digitally signed by: LISA JOHNSON
YISA
DW CN =USA JOHNSON C =USO = U.S.
overnment OU = Department of Housing
JOHNSON
/W Urban Development, Office of
C4mmu.ity Planning and Development
Date: 2022.06.30 09:27:22 -04'00'
(Signature)
Lisa A Johnson, Acting CPD Director
(Typed Name and Title)
(Date)
RECIPIENT
Indian River County Board of County Commissioners
(Name of Organization)
(Signature of Authorized Official)
Peter D. O'Bryan, Chairman
(Typed Name and Title of Authorized Official)
(Date)
Approved by BCC: July I2, 2022
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved:
M
Deputy Clerk
Approved as to form and legal sufficiency:
0
By:
Jason E. Brown, County Administrator
Dylan Reingold, County Attorney
www.hud.gov espanol.hud.gov Page 5
M
Indirect Cost Schedule
Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base
This schedule must include each indirect cost rate that will be used to calculate the Recipient's
indirect costs under the grant. The schedule must also specify the type of direct cost base to which
each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rate information for subrecipients.
For government entities, enter each agency or department that will carry out activities under the
grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is
used per, 2 CFR §200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to
use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414,
enter the applicable indirect cost rate and type of direct cost base in the first row of the table.
For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function
of the organization for which a rate was developed and will be used under the grant, the indirect cost
rate applicable to that major function, and the type of direct cost base to which the rate will be
applied.
To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E;
Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and
local governments).
www.hud.gov espanol.hud.gov Page 6
87
Q`. t ow
grN c
Grant Number: FL0338L4HO92108
Tax ID Number: 59-6000674
Unique Entity Identifier [SAM]: FB3SLJJZ38K9
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
400 west Bay Street
Suite 1015
Jacksonville, FL 32202
CONTINUUM OF CARE PROGRAM (CDFA# 14.267)
GRANT AGREEMENT
This Grant Agreement ("this Agreement') is made by and between the United States
Department of Housing and Urban Development ("HUD") and Indian River County Board of
Commissioners (the "Recipient").
This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant
Funds"), and the operation of projects assisted with Grant Funds are governed by
1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act");
2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to
time;
3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded.
The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement.
The term "Application" means the application submissions on the basis of which the Grant was
approved by HUD, including the certifications, assurances, technical submission documents, and any
information or documentation required to meet any grant award condition. Capitalized terms that are
not defined in this agreement shall have the meanings given in the Rule.
The Application is incorporated herein as part of this Agreement, except that only the project
(those projects) listed below are funded by this Agreement. In the event of any conflict between any
application provision and any provision contained in this Agreement, this Agreement shall control.
HUD's total funding obligation authorized by this grant agreement is $94,992, allocated
between the project(s) listed below (each identified by a separate grant number) and, within those
projects, between budget line items, as shown below. The Grant Funds an individual project will
receive are as shown in the Application on the final HUD -approved Summary Budget for the project.
Recipient shall use the Grant Funds provided for the projects listed below, during the budget
period(s) period stated below.
w%&-w.hud.gov cspanol.hud.gov Page I
88
Grant No. Grant Term Performance Period Budget Period
FL0338L4HO92108 12 months 09-01-2022 - 08-31-2023 09-01-2022- 08-31-2023
a. Continuum of Care planning activities
b. Acquisition
c. Rehabilitation
d. New construction
e. Leasing
f. Rental assistance
g. Supportive services
h. Operating costs
i. Homeless Management Information System
j. Administrative costs
k. Relocation Costs
1. HPC homelessness prevention activities:
Housing relocation and stabilization services
Short-term and medium-term rental assistance
www.hud.gov espanol.hud.gov
Total Amount
$94,992
$0
$0
$0
$0 .
$0
$94,992
$0
$0
$0
$0
$0
$0
$0
Page 2
Pre -award Costs for Continuum of Care Planning
The Recipient may, at its own risk, incur pre -award costs for continuum of care planning
awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if
such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost;
and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-
award costs in anticipation of an award imposes no obligation on HUD either to make the award, or
to increase the amount of the approved budget, if the award is made for less than the amount
anticipated and is inadequate to cover the pre -award costs incurred.
These provisions apply to all Recipients:
If any new projects funded under this Agreement are for project -based rental assistance for a
term of fifteen (15) years, the funding provided under this Agreement is for the performance period
stated herein only. Additional funding is subject to the availability of annual appropriations.
The budget period and performance period of renewal projects funded by this Agreement will
begin immediately at the end of the budget period and performance period of the grant being
renewed. Eligible costs incurred between the end of Recipient's budget period and performance
period under the grant being renewed and the date this Agreement is executed by both parties may be
reimbursed with Grants Funds from this Agreement No Grant Funds for renewal projects may be
drawn down by Recipient before the end date of the project's budget period and performance period
under the grant that has been renewed.
For any transition project funded under this Agreement the budget period and performance
period of the transition project(s) will begin immediately at the end of the Recipient's final operating
year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred
between the end of Recipient's final operating year under the grant being transitioned and the
execution of this Agreement may be paid with funds from the first operating year of this Agreement.
HUD designations of Continuums of Care as High -performing Communities (HPCS) are
published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding
Availability. page. Notwithstanding anything to the contrary in the Application or this Agreement,
Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum
that designated the Recipient to apply.for the grant was designated an HPC for the applicable fiscal
year.
The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to
HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any
change is made to the rate(s) included in the schedule. The schedule and any revisions HUD
receives from the.Recipient will be incorporated into and made part of this Agreement, provided that
each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices).
This Agreement shall remain in effect until the earlier of 1) written agreement by the parties;
2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget
period and performance period for all projects funded under this Agreement; or 4) upon the
expiration of the period of availability of Grant Funds for all projects funded under this Agreement.
www.hud.gov espanol.hud.gov Page 3
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field
Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be
assigned without prior written approval of HUD.
The Agreement constitutes the entire agreement between the parties, and may be amended
only in writing executed by HUD and the Recipient.
By signing below, Recipients that are states and units of local government certify that they
are following a current HUD approved CHAS (Consolidated Plan).
www.hud.gov espanol.hud.gov Page 4
91
This agreement is hereby executed on behalf of the parties as follows:
UNITED STATES OF AMERICA,
Secretary of Housing and Urban Development
08ADigitally
signed by: LISA JOHNSON
D r CN = LISA JOHNSON C = US O =
qbvemment OU = Department of Housing
JOHNSON
a Urban Development, Office of Community
nning and Development
Date: 2022.06.30 09:27:49 -04'00'
(Signature)
Lisa A Johnson, Acting CPD Director
(Typed Name and Title)
(Date)
RECIPIENT
Indian River County Board of County Commissioners
(Name of Organization)
(Signature of Authorized Official)
Peter D. O'Bryan, Chairman
(Typed Name and Title of Authorized Official)
(Date)
Approved by BCC: July 12, 2022
ATTEST. Jeffrey R. Smith, Clerk of Court and Comptroller Approved:
0
Deputy Clerk
Approved as to form and legal sufficiency:
Dylan Reingold, County Attorney
Jason E. Brown, County Administrator
www.hud.gov espanol.hud.gov Page 5
92
Indirect Cost Schedule
Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base
This schedule must include each indirect cost rate that will be used to calculate the. Recipient's .
indirect costs under the grant. The schedule must also specify the type of direct cost base to which
each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rate information for subrecipients.
For government entities, enter each agency or department that will carry out activities under the
grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is,
used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to
use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414,
enter the applicable indirect cost rate and type of direct cost base in the first row of the table.
For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function
of the organization for which a rate was developed and will be used under the grant, the indirect cost
rate applicable to that major function, and the type of direct cost base to which the rate will be
applied.
To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E2-
Appendix
;Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and
local governments).
www.hud.gov espanol.hud.gov Page 6
93
Grant Number: FL036OL4HO92112
Tax ID Number: 59-6000674
Unique Entity Identifier [SAM]: FB3SLJJZ38K9
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
400 West Bay Street
Suite 1015
Jacksonville, FL 32202
CONTINUUM OF CARE PROGRAM (CDFA# 14.267)
GRANT AGREEMENT
This Grant Agreement ("this Agreement") is made by and between the United States
Department of Housing and Urban Development ("HUD") and Indian River County Board of
Commissioners (the "Recipient").
This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant
Funds"), and the operation of projects assisted with Grant Funds are governed by
1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act");
2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to
time;
3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded.
The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement.
The term "Application" means the application submissions on the basis of which the Grant was
approved by HUD, including the certifications, assurances, technical submission documents, and any
information or documentation required to meet any grant award condition. Capitalized terms that are
not defined in this agreement shall have the meanings given in the Rule.
The Application is incorporated herein as part of this Agreement, except that only the project
(those projects) listed below are fimded by this Agreement. In the event of any conflict between any
application provision and any provision contained in this Agreement, this Agreement shall control.
HUD's total funding obligation authorized by this grant agreement is $124,212, allocated
between the project(s) listed below (each identified by a separate grant number) and, within those
projects, between budget line items, as shown below. The Grant Funds an individual project will
receive are as shown in the Application on the final HUD -approved Summary Budget for the project.
Recipient shall use the Grant Funds provided for the projects listed below, during the budget
period(s) period stated below.
www.hud.gov espanol.hud gov Page I
94
Grant No. Grant Term Performance Period Budget Period Total Amount
FL036OL4HO92112 12 months 06-01-2022 - 05-31-2023 06-01-2022- 05-31-2023 $124,212
a. Continuum of Care planning activities
b. Acquisition
c. Rehabilitation
d. New construction
e. Leasing
f. Rental assistance
g. Supportive services
h. Operating costs
i. Homeless Management Information System
j. Administrative costs
k. Relocation Costs
1. HPC homelessness prevention activities:
Housing relocation and stabilization services
Short-term and medium-term rental assistance
www.hud.gov espanol.hudgov
$0
$0
$0
$0
$0
$124,212
$0
$0
$0
$0
$0
$0
$0
Page 2
95
Pre -award Costs for Continuum of Care Planning
The Recipient may, at its own risk, incur pre -award costs -for continuum of care planning
awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if
such costs: a) are. consistent with 2 CFR 204.458; and b) would be allowable as a post -award cost;
and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-
award costs in anticipation of at award imposes no obligation on HUD either to make the award, or
to increase the amount of the approved budget, if theaward is made for less than the amount
anticipated and is inadequate to cover the pre -award costs incurred.
These.provisions apply to .all Recipients:
If any new projects funded under this Agreement are for project -based rental assistance for a
term of fifteen (15) years, the funding provided under this Agreement is for the performance period
stated herein. only: Additional funding is subject to the availability of annual appropriations.
The budget period and performance period of.renewal projects funded by this Agreementwill
begin immediately at the end. of the budget period and performance period of the grant being .
-renewed. Eligible costs incurred between the tnd of Recipient's budget period and performance
period under the grant being renewed and the.date this Agreement is executed by both parties may be
reimbursed with Grants Funds from this.Agreement. No Grant. Funds for renewal projects may be
drawn down by Recipient before the end date of the project's budget period andperformance period
under the grant that has been renewed:
For any transition project funded under this Agreement the budget period and performance
period of the transitionprojeet(s) will begin immediately at the end of the Recipient's final operating .
year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred
between the end of Recipient's final operating year:under the grant being transitioned and the
execution of this Agreement may be paid with funds_ from the first operating year of this. Agreement.
HUD designations- of Continuums of Care as High -performing Communities (HPCS) are
published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding
Availability page. Notwithstanding anything to the contrary in -the Application or this Agreement,
Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum
that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal
year.
The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to
HUD with this Agreement. The Recipient must provide HUD.'with a revised schedule when any
change is made to the rate(s) included. in the :schedule: The schedule and any revisions HUD
receives from the Recipient will be incorporated .into and made part of this Agreement, provided that
each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices).
This Agreement shall remain in effect until the. earlier of 1) written agreement by the parties;
2}'by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget
period and performance period for all projects fim. ded under this Agreement; or 4) upon the
expiration of the period of availability of Grant Funds for all projects funded under this Agreement.
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96
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field
Office executing the Agreement. leo right, benefit, or advantage of the Recipient hereunder may be
assigned without prior written approval of HUD.
The Agreement constitutes the entire agreement between the, parties, andmay be amended
only in writing executed by HUD and the Recipient.
By signing below, Recipients that are states and units of local government certify that they
are following a current HUD approved CHAS (Consolidated Plan).
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97
This agreement is hereby executed on behalf of the parties as follows:
UNITED STATES OF AMERICA,
Secretary of Housing and Urban Development
Bv:Digitally signed by: LISA JOHNSON
LISAJDD,• CN = LISA JOHNSON C = US O = U.
Government OU =Department of
Sing and Urban Development. Office of
'� munity Planning and Development
JOHNSON
(Signature)
Lisa A Johnson, Acting CPD Director
(Typed Name and Title)
(Date)
RECIPIENT
Indian River County Board of County Commissioners
(Name of Organization)
IM
(Signature of Authorized Official)
Peter D. O'Bryan, Chairman
(Typed Name and Title of Authorized Official)
(Date)
Approved by BCC: July 12, 2022
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved:
13
Deputy Clerk
Approved as to form and legal sufficiency:
M
Jason E. Brown, County Administrator
Dylan Reingold, County Attorney
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98
Indirect Cost Schedule
Agency/Dept./Major Function Indirect Cost'Rate Direct Cost Base
This schedule must include each indirect cost rate that will be used to calculate the Recipient's
indirect costs under the grant. The schedule must also specify the type of direct cost base to which
each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rate information for subrecipients.
For government entities, enter each agency or department that will carry out activities under the
grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is
used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to
use the de minimis rate of 10% of Modified.Total Direct Costs in accordance with 2 CFR §200.414,
enter the applicable indirect cost rate and type of direct cost base in the fust row of the table.
For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function
of the organization for which a rate was developed and will be used under the grant, the indirect cost
rate applicable to that major function, and the type of direct cost base to which the rate will be
applied.
To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E;
Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for. state and
local governments).
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99
Grant Number: F1,03801,411092107
Tax ID Number: 59-6000674
Unique Entity Identifier [SAM]: FB3SLJJZ38K9
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
400 West Bay Street
Suite 1015
Jacksonville, FL 32202
CONTINUUM OF CARE PROGRAM (CDFA# 14.267)
GRANT AGREEMENT
This Grant Agreement ("this Agreement') is made by and between the United States
Department of Housing and Urban Development ("HUD") and Indian River County Board of
Commissioners (the "Recipient").
This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant
Funds'), and the operation of projects assisted with Grant Funds are governed by
1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act");
2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to
time;
3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded.
The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement.
The term "Application" means the application submissions on the basis of which the Grant was
approved by HUD, including the certifications, assurances, technical submission documents, and any
information or documentation required to meet any grant award condition. Capitalized terms that are
not defined in this agreement shall have the meanings given in the Rule.
The Application is incorporated herein as part of this Agreement, except that only the project
(those projects) listed below are funded by this Agreement. In the event of any conflict between any
application provision and any provision contained in this Agreement, this Agreement shall control.
HUD's total funding obligation authorized by this grant agreement is $119,904, allocated
between the project(s) listed below (each identified by a separate grant number) and, within those
projects, between budget line items, as shown below. The Grant Funds an individual project will
receive are as shown in the Application on the final HUD -approved Summary Budget for the project.
Recipient shall use the Grant Funds provided for the projects listed below, during the budget
period(s) period stated below.
w-ww.hud.gov espanol.hud.gov a',u_'o i
loo
Grant No. Grant Term Performance Period
Budget Period Total Amount
FL038OL4HO92107 12 months 09-01-2022 - 08-31-2023
09-01-2022 - 08-31-2023 $119,904
a. Continuum of Care planning activities
$0
b. Acquisition
$0
c. Rehabilitation
$0
d. New construction
$0
e. Leasing
$0
f Rental assistance
$119,904
g. Supportive services
$0
h. Operating costs
$0
i. Homeless Management Information System
$0
j. Administrative costs
$0
k. Relocation Costs
$0
1. HPC homelessness prevention activities:
Housing relocation and stabilization services
$0
Short-term and medium-term rental assistance
$ 0
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101
Pre -award Costs for Continuum of Care Planning
The Recipient may, at its own risk, incur pre -award costs for continuum of care planning
awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if
such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost,
and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-
award costs in anticipation of an award imposes no obligation on HUD either to make the award, or
to increase the amount of the approved budget, if the award is made for less than the amount
anticipated and is inadequate to cover the pre -award costs incurred.
These provisions apply to all Recipients:
If any new projects funded under this Agreement are for project -based rental assistance for a
term of fifteen (15) years, the funding provided under this Agreement is for the performance period
stated herein only. Additional funding is subject to the availability of annual appropriations.
The budget period and performance period of renewal projects funded by this Agreement will
begin immediately at the end of the budget period and performance period of the grant being
renewed. Eligible costs incurred between the end of Recipient's budget period and performance
period under the grant being renewed and the date this Agreement is executed by both parties may be
reimbursed with Grants Funds from this Agreement No Grant Funds for renewal projects may be
drawn down by Recipient before the end date of the project's budget period and performance period
under the grant that has been renewed.
For any transition project funded under this Agreement the budget period and performance
period of the transition project(s) will begin immediately at the end of the Recipient's final operating
year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred
between the end of Recipient's final operating year under the grant being transitioned and the
execution of this Agreement may be paid with funds from the first operating year of this Agreement.
HUD designations of Continuums of Care as High -performing Communities (HPCS) are
published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding
Availability page. Notwithstanding anything to the contrary in the Application or this Agreement,
Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum
that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal
year.
The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to
HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any
change is made to the rate(s) included in the schedule. The schedule and any revisions HUD
receives from the Recipient will be incorporated into and made part of this Agreement, provided that
each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices).
This Agreement shall remain in effect until the earlier of 1) written agreement by the parties;
2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget
period and performance period for all projects funded under this Agreement, or 4) upon the
expiration of the period of availability of Grant Funds for all projects funded under this Agreement.
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102
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field
Office executing the Agreement. No right,.benefit, or advantage of the Recipient hereunder may be
assigned without prior written approval of HUD.
The Agreement constitutes the entire agreement between the parties, and may be amended
only in writing executed by HUD and the Recipient.
. By signing below, Recipients that are states and units of local government certify that they
are following a current HUD approved CHAS (Consolidated Plan).
Page 4
103
This agreement is hereby executed on behalf of the parties as follows:
UNITED STATES OF AMERICA,
Secretary of Housing and Urban Development
Digitally signed by: USA JOHNSON
A DN: CN =LISA JOHNSON C =USO = U.S.
¢overnment OU = Department of Housing and
U n Development, Office of Community
JOHNSON
P nning and Development
Date: 2022.06.30 09:28:12 -04'00'
(Signature)
Lisa A Johnson, Acting CPD Director
(Typed Name and Title)
(Date)
RECIPIENT
Indian River County Board of County Commissioners
(Name of Organization)
(Signature of Authorized Official)
Peter D. O'Bryan, Chairman
(Typed Name and Title of Authorized Official)
(Date)
Approved by BCC: July 12, 2022
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved:
0
Deputy Clerk
Approved as to form and legal sufficiency:
Dylan Reingold, County Attorney
www.hud.gov espanol.hud.gov
By:
Jason E. Brown, County Administrator
Page 5
104
Indirect Cost Schedule
Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base
This schedule must include each indirect cost rate that will be used to calculate the Recipient's
indirect costs under the grant. The schedule must also specify the type of direct cost base to which
each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do riot include
indirect cost rate information for subrecipients.
For government entities, enter each agency or department that will carry out activities under the
grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is
used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to
use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414,
enter the applicable indirect cost rate and type of direct cost base in the first row of the table.
For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function
of the organization for which a rate was developed and will be used under the grant, the indirect cost
rate applicable to that major function, and the type of direct cost base to which the rate will be
applied.
To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E;
Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and
local governments).
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105
Grant Number: FL0418L4H092109
Tax ID Number: 59-6000674
Unique Entity Identifier [SAM]: FB3SLJJZ38K9
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
400 West Bay Street
Suite 1015
Jacksonville, FL 32202
CONTINUUM OF CARE PROGRAM (CDFA# 14.267)
GRANT AGREEMENT
This Grant Agreement ("this Agreement") is made by and between the United States
Department of Housing and Urban Development ("HUD's and Indian River County Board of
Commissioners (the "Recipient").
This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant
Funds"), and the operation of projects assisted with Grant Funds are governed by
1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act");
2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to
time;
3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded.
The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement.
The term "Application" means the application submissions on the basis of which the Grant was
approved by HUD, including the certifications, assurances, technical submission documents, and any
information or documentation required to meet any grant award condition. Capitalized terms that are
not defined in this agreement shall have the meanings given in the Rule.
The Application is incorporated herein as part of this Agreement, except that only the project
(those projects) listed below are funded by this Agreement. In the event of any conflict between any
application provision and any provision contained in this Agreement, this Agreement shall control.
HUD's total funding obligation authorized by this grant agreement is $27,840, allocated
between the project(s) listed below (each identified by a separate grant number) and, within those
projects, between budget line items, as shown below. The Grant Funds an individual project will
receive are as shown in the Application on the final HUD -approved Summary Budget for the project.
Recipient shall use the Grant Funds provided for the projects listed below, during the budget
period(s) period stated below.
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106
Grant No. Grant Term Performance Period
Budget Period Total Amount
FL0418UH092109 12 months 01-01-2023 - 12-31-2023
01-01-2023 - 12.31-2023 $2.7,840
a.
Continuum of Care planning activities
$0
b.
Acquisition
$0.
c.
Rehabilitation
$0
d.
New construction
$0
e.
Leasing
$0
f.
Rental assistance
$0
g.
Supportive services
$0
h.
Operating costs
$0
i.
Homeless Management Information System
$27,840
j.
Administrative costs
$0
k.
Relocation Costs
$0
1.
HPC homelessness prevention activities:
Housing relocation and stabilization services
$0
Short-term and medium-term rental assistance
$ 0
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107
Pre -award Costs for Continuum of Care Planning
The Recipient may, at its.own risk, incur pre -award costs- for continuum- of care planning
awards, after the date of the HUD selection notice and prior to the effective. date of this Agreement, if
such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost;
and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-
award costs in anticipation of an award imposes no obligation on HUD either to make the award, or
to increase the amount of the approved budget,. if the awardis made for less than -the amount
anticipated and is inadequate to cover the pre -award costs incurred.
These provisions apply to all Recipients:
If any new projects funded under this Agreement are for project -based rental assistance for a
term_of fifteen (15) years; the funding provided under. this Agreement is for the performance period
stated herein only. Additional funding is subject to the availability of annual appropriations.
The budget period and performance period of renewal projects funded by this Agreement will
begin immediately at the end of the budget period and performance period of the grant being
renewed. Eligible costs incurred between the end of Recipient's budget period and performance
period under the grant being renewed and the -date. this Agreement is executed by both.parties may be
reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be
drawn down by Recipient before the end date of the project's budget period and performance period
under the grant that has been renewed.
For any project funded under this Agreement the budget period and performance
period of the transition project(s) will begin immediately at the end of the Recipient's final operating
year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred
between the end of Recipient's fmaf operating year under the grant being transitioned and the
execution of this Agreement may be paid with funds from the first operating year of this. Agreement.
HUD designations of Continuums of Care as High performing Communities (HPCS) are
published in the HUD Exchange'in the appropriate Fiscal Years' CoC Program Competition Funding.
Availability page. Notwithstanding anything to the contrary Iin the. Application or this Agreement, .
Recipient may onlyuse grant funds for HPC Homelessness Prevention Activities if the. Continuum
that designated the Recipient to apply for the grant was. designated an HPC for the applicable fiscal
year:
The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to
HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any .
change is made to the rate(s) included in the schedule.. The schedule and any revisions HUD
receives from the Recipient will be incorporated into and made part of.this Agreement, provided that
each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices).
This Agreement shall remain in effect until the earlier of 1) written agreement by the parties;.
2) by. HUD alone, acting under the authority of 24 CFR 578.107;.3) upon expiration of .the budget
period and performance period for all projects funded under this Agreement; or 4) upon the
expiration of the period of availability of Grant Funds for all projects funded under this Agreement.
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108
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field
Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be
assigned without prior written approval of HUD.
The Agreement constitutes the entire agreement between the parties, and may be amended
only in writing executed by HUD and the Recipient.
By signing below, Recipients that are states and units of local government certify that they
are following a current HUD approved CHAS (Consolidated Plan).
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109
This agreement is hereby executed on behalf of the parties as follows:
UNITED STATES OF AMERICA,
Secretary of Housing and Urban Development
.31
Digitally signed by: LISA JOHNSON
S O N Dr CN = LISA JOHNSON C= US O= U.S.
LISA JOHN
S3ovemment OU =Department of Housing and
an Development, Office of Community Planning
anDevelooment
(Signature)
Lisa A Johnson, Acting CPD Director
(Typed Name and Title)
(Date)
RECIPIENT
Indian River County Board of County Commissioners
(Name of Organization)
(Signature of Authorized Official)
Peter D. O'Bryan, Chairman
(Typed Name and Title of Authorized Official)
(Date)
Approved by BCC: July 12, 2022
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved:
M
Deputy Clerk
Approved as to form and legal sufficiency:
M
M
Jason E. Brown, County Administrator
Dylan Reingold, County Attorney
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110
. Indirect Cost Schedule
AgencyMept. Major Function' . Indirect Cost Rate:
Direct Cost Base
This schedule must include each indirect cost rate that will be used to calculate the Recipient's
indirect costs under the grant. The schedule must also specify the type of direct cost base to which
each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rate information for subrecipients.
For. government entities, enter each 'agency or department that will carry out activities under the
grant, the indirect cost. rate applicable to each departmentlagency (including if the de minimis rate is
used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to
use the. de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414,
enter the applicable indirect cost rate and type of direct cost.base in the first row of the table.
For nonprofit, organizations that use the Multiple Base Allocation Method, enter each major function
'of the organization for which 'a rate was developed and will be used under the grant, the indirect cost
rate applicable to.that major function, and the type of direct cost base to which the rate will be
applied:
To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E;
Appendix IV to Part 200 (fornonprofit organizations); and Appendix VII. to Part 200 (for state and
.local governments).
www.hud.gov espanol.hud.gov page 6
Grant Number: 171,04401,414092110
Tax ID Number: 59-6000674
Unique Entity Identifier [SAM]: FB3SLJJZ38K9
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
400 West Bay Street
Suite 1015
Jacksonville, FL 32202
CONTINUUM OF CARE PROGRAM (CDFA# 14.267)
GRANT AGREEMENT
This Grant Agreement ("this Agreement") is made by and between the United States
Department of Housing and Urban Development ("HUD") and Indian River County Board of
Commissioners (the "Recipient").
This Agreement, the use of funds provided under this Agreement (the "Grant" or "Grant
Funds'), and the operation of projects assisted with Grant Funds are governed by
1. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act");
2. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to
time;
3. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded.
The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement.
The term "Application" means the application submissions on the basis of which the Grant was
approved by HUD, including the certifications, assurances, technical submission documents, and any
information or documentation required to meet any grant award condition. Capitalized terms that are
not defined in this agreement shall have the meanings given in the Rule.
The Application is incorporated herein as part of this Agreement, except that only the project
(those projects) listed below are funded by this Agreement. In the event of any conflict between any
application provision and any provision contained in this Agreement, this Agreement shall control.
HUD's total funding obligation authorized by this grant agreement is $144,300, allocated
between the project(s) listed below (each identified by a separate grant number) and, within those
projects, between budget line items, as shown below. The Grant Funds an individual project will
receive are as shown in the Application on the final HUD -approved Summary Budget for the project.
Recipient shall use the Grant Funds provided for the projects listed below, during the budget
period(s) period stated below.
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112
Grant No. Grant Term Performance Period Budget Period
FL044OL4HO92110 12 months 04-01-2022 - 03-31-2023 04-01-2022 - 03-31-2023
a. Continuum of Care planning activities
b. Acquisition
c. Rehabilitation
d. New construction
e. Leasing
f. Rental assistance
g. Supportive services
h. Operating costs
i. Homeless Management Information System
j. Administrative costs
k. Relocation Costs
1. HPC homelessness prevention activities:
Housing relocation and stabilization services
Short-term and medium-term rental assistance
www.hud.gov espanol.hud.gov
Total Amount
$144,300
$0
$0
$0
$0
$0
$144,300
$0
$0
$0
$0
$0
$0
$0
Page 2
113
Pre -award Costs for Continuum of Care Planning
The Recipient may, at its own risk, incur pre -award costs for continuum of care planning
awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if
such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost;
and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-
award costs in anticipation of an award imposes no obligation on HUD either to make the award, or
to increase the amount of the approved budget, if the award is made for less than the amount
anticipated and is inadequate to cover the pre -award costs incurred.
These provisions apply to all Recipients:
If any new projects funded under this Agreement are for project -based rental assistance for a
term of fifteen (15) years, the funding provided under this Agreement is for the performance period
stated herein only. Additional funding is subject to the availability of annual appropriations.
The budget period and performance.period of renewal projects funded by this Agreement will
begin immediately at the end of the budget period and performance period of the grant being
renewed. Eligible costs incurred between the end of Recipient's budget period and performance
period under the grant being renewed and the date this Agreement is executed by both parties may be
reimbursed with Grants Funds from this Agreement No Grant Funds for renewal projects may be
drawn down by Recipient before the end date of the project's budget period and performance period
under the grant that has been renewed.
For any transition project funded under this Agreement the budget period and performance
period of the transition project(s) will begin immediately at the end of the Recipient's final operating
year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred
between the end of Recipient's final operating year under the grant being transitioned and the
execution of this Agreement may be paid with funds from the first operating year of this Agreement.
HUD designations of Continuums of Care as High -performing Communities (HPCS) are
published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding
Availability page. Notwithstanding anything to the contrary in the Application or this Agreement,
Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum
that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal
year.
The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to
HUD with this Agreement. The -Recipient must provide HUD with a revised schedule when any
change is made to the rate(s) included in the schedule. The schedule and any revisions HUD
receives from the Recipient will be incorporated into and made part of this Agreement, provided that
each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices).
This Agreement shall remain in effect until the earlier of 1) written agreement by the parties;
2) by HUD alone, acting under -the authority of 24 CFR 578.107; 3) upon expiration of the budget
period and performance period for all projects funded under this Agreement; or 4) upon the
expiration of the period of availability of Grant Funds for all projects funded under this Agreement.
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114
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field
Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be
assigned without prior written approval of HUD.
The Agreement constitutes the entire agreement between the parties, and may be amended
only in writing executed by HUD and the Recipient.
By signing below, Recipients that are states and units of local government certify that they
are following a current HUD approved CHAS (Consolidated Plan).
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115
This agreement is hereby executed on behalf of the parties as follows:
UNITED STATES OF AMERICA,
Secretary of Housing and Urban Development
By:
L I S A J H N S N 11110"y11110"y Signed by LISA JOHNSON
:CN =LISA JOHNSrtrON C =USO = U.S.
.ant OU = Depanant of Housing and Urban
AiOeliopmeK Office of Community Planning and
D*velopment
Date: 2022.06.30 09:52:10 -04'00'
(Signature)
Lisa A Johnson, Acting CPD Director
(Typed Name and Title)
(Date)
RECIPIENT
Indian River County Board of County Commissioners
(Name of Organization)
Lb-fi
(Signature of Authorized Official)
Peter D. O'Bryan, Chairman
(Typed Name and Title of Authorized Official)
(Date)
Approved by BCC: July 12, 2022
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
Ia
Deputy Clerk
Approved as to form and legal sufficiency:
By:
Dylan Reingold, County Attorney
"-w.hud.gov espanol.hud.gov
Approved:
M
Jason E. Brown, County Administrator
Page 5
116
Agency/Dept./Major Function
Indirect Cost Schedule
Indirect Cost Rate Direct Cost Base
This schedule must include each indirect cost rate that will be used to calculate the Recipient's
indirect costs under the grant The schedule must also specify the type of direct cost base to which
each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rate information for subrecipients.
For government entities, enter each agency or department that will carry out activities under the
grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is
used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to
use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414,
enter the applicable indirect cost rate and type of direct cost base in the first row of the table.
For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function
of the organization for which a rate was developed and will be used under the grant, the indirect cost
rate applicable to that major function, and the type of direct cost base to which the rate will be
applied.
To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E;
Appendix IV to Part 200 (for nonprofit organizations); and Appendix V11 to Part 200 (for state and
local governments).
www.hud.gov espanol.hud.gov
Page 6
117
ea,,MWtpr
ba U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-7000
I4p0��11 �,r
OFFICE OF ASSISTANT SECRETARY
FOR COMMUNITY PLANNING AND DEVELOPMENT
March 14, 2022
Ms. Leigh Uribe
Director, County Human Services
Indian River County Board of County Commissioners
1801 27th Street
Vero Beach, FL 32960
Dear Ms. Uribe:
a amgddli edstb inform you of the funding for your project(s) under
HUD's Notice3 of Funding Opportunity (NOFO) for Fiscal Year (FY) 2021 Continuum of Care
Competition and NonCompetitive Award of Youth Homeless Demonstration Program Renewal
and Replacement Grants for a total of $1,121,976.
The CoC Program is an important part of HUD's mission. CoCs around the country will
continue to improve the lives of men, women, and children through their local planning efforts and
through the direct housing and service programs funded under the FY 2021 CoC Program
Competition. Projects like those of your organization, funded through the CoC program, continue
to demonstrate their value by improving accountability and performance every year.
The enclosure provides details about your organization's award(s) including: the name(s) of
the individual project(s); the project number(s); and the specific amount(s) of the obligation(s) for
each project. HUD field office staff will notify you when they are available to process grant
agreements; once all conditions are satisfied and the grant agreement is executed, your
organization can expend funds.
HUD commends your organization's work and encourages it to continue to strive for
excellence in the fight to end homelessness.
Sincerely,
James Arthur Jemison II
Principal Deputy Assistant Secretary
for Community Planning and Development
www.hud.gov espanol.hud.gov
118
Enclosure
FLO l 13L4H092109
COCWIDE TRA Renewal
$118,992
FLO 1141,41-1092114
ALCOHOPE Renewal
$94,992
FL01161,4H092114
HMIS COORDINATED ENTRY
$35,400
FL0I 19L4H092114
New Chronics
$361,344
F1,03381,41-1092108
COC WIDE TRA TWO
$94,992
F1,03601,41-1092112
Indian River Chronic
$124,212
FL03801,4H092107
FAMILY RENTAL ASSISTANCE
$119,904
FL0418L4H092109
2019 DATA QUALITY
$27,840
FL04401,41-1092110
NEW HORIZONS TWO
$144,300
Total Amount: $1,121,976
119
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
Consent Agenda - B. C.C. 7.12.22
Of ce of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: July 1, 2022
SUBJECT: Calcutta Drive Docks
BACKGROUND.
ATTORNEY
Calcutta Drive is a County road that runs parallel with a canal and the riparian rights to the canal are
purportedly the County's. On May 6, 1985, the then County Attorney Gary M. Brandenburg wrote a
memorandum to Art Challacombe, an Environmental Planner stating "that the canals and bulkhead system
were placed within the subdivision for the benefit of all of the property owners in the subdivision." He
went on to explain that "[a]s a result, the County has adopted the policy in the past of allowing individuals.
to build docks along the County road within the appropriate setbacks, provided they enter into an
agreement to hold the County harmless for any and all damage to the bulkhead system of road." He added
that "[t]his permitting has been done on a first-come, first-served basis, exclusively for property owners in
Country Club Pointe."
On February 5, 1991, the County staff presented an agenda item to the Indian River County Board of
County Commissioners (the "Board") concerning license agreements for these docks. In a memorandum
from Roland M. DeBlois, Chief, Environmental Planning, dated January 30, 1991, Mr. DeBlois explained
the history of the docks being constructed on a first-come, first served basis, provided that the applicant
signed the appropriate waiver. Mr. DeBlois also noted that the approvals have been handled
administratively. Mr. DeBlois then went on to explain that in consultation with the County Attorney's
Office, that the County should look to entering into license agreements with a new applicant, instead of
simply relying on the hold harmless waiver. After some discussion on the provisions of the license
agreement, the Board approved the license agreement for $100 per year, subject to the changes requested
by the Board. It is important to note that the license agreement included a provision that if the property is
sold, that the buyer could execute a similar license within 90 days, and that if the buyer failed to do so, the
dock would become the property of the County.
On May 26, 1998, the Board passed Resolution 1998-58, in which the Board delegated the authority to the
Community Development Director to execute license agreements pertaining to transferring property
utilizing County riparian land for docks within the Country Club Pointe Subdivision. This allowed for a
smooth transition for those property owners selling homes that had license agreements.
C..-IGmnimslLegismr51L517emplde234656-52ac-4J?0.64"-Oe2cO621653a.doc 120
Board of County Commissioners
July 1, 2022
Page 2
On May 10, 2022, the Board voted to increase the annual license fee from $100 to $2,000 per year, for any
new license agreements and implement a one-time dock license transfer fee of $5,000. The Board also
voted to modify the current license agreements to add the following requirements:
• If a dock falls into disrepair and is not fixed within the applicable time period, the County has the
right to remove the dock and lien the property for the costs associated with such removal.
• Licensees be required to have the docks inspected on a five-year cycle by an independent third -
party expert and submit that report to the County.
• Termination of license for unpermitted work on the dock, for work that would require a permit.
Finally, the Board voted to implement a new policy that if a dock reverts to the County, then that dock
will no longer be transferable to the future property owner, but will instead go to the next Country Club
Pointe Subdivision property owner on the dock waiting list. The County Attorney's Office has revised the
dock license agreements to reflect these changes and a resolution delegating to the Community
Development Director the authority to execute the license agreements.
Finally, the dock owners of what is known as Dock Number 14 on the County list, Mr. and Mrs. Cusson,
have not responded to letters concerning the disrepair of the dock. The County Attorney's Office requests
that the Board authorize the County Attorney's Office to record a termination of the license agreement and
then offer this dock to the first person on the wait list. Per the Board direction, this dock will no longer be
directly tied to a property within the Country Club Pointe Subdivision.
FUNDING
Revenues collected for dock license agreements are deposited into account 001038-362010 - General
Fund/Rents & Royalties.
RECOMMENDATION.
The County Attorney's Office recommends that the Indian River County Board of County Commissioners
approve the resolution and the associated form license agreements. The County Attorney's Office also
requests that the Board authorize the County Attorney's Office to record a termination of the license
agreement for Dock Number 14 (Cusson) and offer this dock to the first person on the wait list.
ATTACHMENT.
Resolution
Form License Agreements
C.IGranic lLegistar51L51TenWIde284656-52ac-4J20-b489-0e2c0621653a.dac
121
RESOLUTION NO. 2022-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE
COMMUNITY DEVELOPMENT DIRECTOR OR DESIGNEE, TO EXECUTE
LICENSE AGREEMENTS PERTAINING TO DOCKS UTILIZING COUNTY
RIPARIAN LAND WITHIN THE COUNTRY CLUB POINTE SUBDIVISION.
WHEREAS, per Resolution 1998-58, the Indian River County Board of County
Commissioners ("Board") delegated to the Community Development Director the authority to
execute license agreements pertaining to transferred property utilizing County riparian land for docks
within the County Club Pointe Subdivision;
WHEREAS, on May 10, 2022, the Board voted to amend the standard license agreement and
also change the process by which docks are transferred within the Country Club Pointe Subdivision;
and
WHEREAS, the Board is approving this resolution to the Community Development Director
the authority to execute the new license agreements pertaining to the transfer of docks utilizing the
County riparian land within the County Club Pointe Subdivision.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The Community Development Director, or designee, is hereby delegated the authority to execute
any and all license agreements pertaining to the docks utilizing County riparian land within the
County Club Pointe Subdivision.
2. The license agreements shall be insubstantially the same form as that attached hereto as Exhibit
"A". One form is for license agreements for docks that are associated with property transfers and the
other is for docks unassociated with property transfers.
This Resolution was moved for adoption by Commissioner , and the
motion was seconded by Commissioner , and, upon being put to a vote, the vote
was as follows:
Chairman Peter D. O'Bryan
Vice Chairman Joseph H. Earman
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Laura Moss
The Chairman thereupon declared this Resolution duly passed and adopted this 121h day of
July, 2022.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
C:\Granicus\Legistar5\L5\Temp\e60a775c-d5aa-461 a-8fa7-3afdb6738bae.doc 122
RESOLUTION NO. 2022 -
By
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By
Deputy Clerk
Approved as to form and
legal sufficiency
By
Dylan Reingold, County Attorney
Peter D. O'Bryan, Chairman
123
This document was prepared by:
Office of Indian River County Attorney
1801 27th Street
Vero Beach, FL 32960
772-226-1425
LICENSE AGREEMENT
This agreement made and entered into this day of , 2022 by and between
INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter referred to as "County"
and y whose mailing address is
hereinafter "Licensee".
WITNESSETH:
That, in consideration of the following covenants and agreements, the parties hereto
state as follows:
1. Indian River County is presumptively the holder of riparian rights to the canal
lying easterly of Calcutta Drive, by virtue of the dedication of Calcutta Drive adjacent to said
canal to the public by the Replat of Country Club Pointe, Unit 1 at Plat Book 4, Page 11, Public
Records of Indian River County, Florida;
2. Licensee is owner of Lot _, Block _, Country Club Pointe, Unit 2, which lot lies
(hereinafter the "PROPERTY");
3. Licensee has sought permission to utilize the riparian land of County along the
east right-of-way line of Calcutta Drive, generally described as due east of due east of the north
property line of Lot 10, Block 2, Replat of Country Club Pointe Subdivision, Unit 1 AND plus -or -
minus 13 feet south of the extension thereof, and running southerly approximately for 25 feet
along the canal (and numbered _ on County's inventory) for the use of a dock for personal
recreational use of themselves and/or occupants of said Lot _, Block _, Country Club Pointe,
Unit 2;
124
4. County agrees to allow Licensee to utilize said dock for personal recreational
uses of themselves and/or the occupants of Lot _, Block _, Country Club Pointe, Unit 2 for so
long as they own/occupy the PROPERTY. This right shall not be assignable, nor shall
Licensee rent the dock to third parties other than the occupant (if not Licensee) of Lot
Block _, Country Club Pointe, Unit 2;
5. Licensee agrees to pay the County a one-time $5,000 transfer fee and
$2,000.00 per year plus applicable sales tax commencing on , 2022 and
each year thereafter for the exclusive right of Licensee and/or occupants of Lot _, Block
Country Club Pointe, Unit 2, to utilize said dock for the purposes stated herein;
6. Licensee agrees to hold County harmless from any damages arising out of the
use of County riparian land for the purposes of accessing the canal lying easterly of the
PROPERTY by any member of Licensee's or occupants' families or their guests. This
indemnification shall be by means of an insurance policy naming Indian River County as an
additional insured in the amount of $300,000.00 liability insurance. A certificate of insurance
must be provided annually to the County by the Licensee detailing the following language in
the Descriptions of Operations/Locations on the certificate: "Indian River County is named as an
additional insured with respect to labiality coverage for leased dock at Riparian land as
described in Book Page of the public records of Indian River County, Dock
No. 17.";
7. Licensee agrees that no boat maintained at said dock shall have a clearance of
greater than 14 feet above water, said height limitation being related to the clearance of the
Indian River Boulevard bridge over the Main Relief Canal. The maximum length of any boat
shall not exceed 24 feet (including engines) for the dock identified as number _ on the
County's dock inventory;
8. Licensee agrees that the County may make annual inspections of the dock
facility under license agreement and that this right shall be preserved in any rental agreement
2 125
for Lot _, Block _, Country Club Pointe, Unit 2. In addition to such annual inspection, the
County may inspect the dock facility after storm events or due to complaints submitted to the
County by third parties. Licensee further agrees to correct any maintenance deficiencies,
subject to normal County building permit requirements, within thirty (30) days of notification of
any such deficiencies identified. If the dock facility falls into disrepair and is not corrected within
the applicable time period, the County has the right to remove the dock and lien the
PROPERTY for the costs associated with such removal;
9. Licensee must apply for a permit with Indian River County, within 60 days of
entering into this license agreement, to either repair or demolish and rebuild the dock. Within
120 days from the issuance of the permit, the repairs or rebuilding of the dock must be
accomplished and a request to Indian River County for an inspection must be made;
10. Prior to the installation of any electricity to the dock, Licensee shall obtain a
quote from a licensed electrician familiar with dock designs. Licensee shall also provide a copy
of the quote and designs to the County for review and must receive approval from the County
before electric work can be installed;
11. Prior to the installation of any water or irrigation service and connection to the
dock, Licensee shall obtain a quote from a licensed contractor familiar with dock designs.
Licensee shall also provide a copy of the quote and designs to the County for review and must
receive approval from the County before work can be installed;
12. The parties agree that this license agreement shall terminate upon sale of the
PROPERTY by the Licensee, at which time any dock improvements under this license
agreement shall become the property of County, this license agreement will not transfer with
the transfer of the PROPERTY;
13. Licensee is required to have the dock facility inspected on a five-year cycle by
an independent third -party expert and to submit that report to the County;
3 126
14. This license agreement may also be terminated by County if condition 4 or
covenants 5, 6, 7, 8, 9, 10 or 11 above are violated. County may also terminate this license
agreement for unpermitted work on the dock facility, for work that would require a permit.
Licensee may terminate this agreement upon sixty (60) days' written notice to Indian River
County. Any event of termination shall cause any and all dock improvements to become the
property of Indian River County; and
15. This license agreement shall be recorded in the Public Records of Indian River
County, Florida.
IN WITNESS WHEREOF, County and Licensee have caused this agreement to be
signed in their respective names.
Witnesses:
Signature:
Printed Name:
Signature: _
Printed Name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
INDIAN RIVER COUNTY, FLORIDA
A
Phillip J. Matson, AICP
Community Development Director
Authority: Resolution No. 2022-.
The foregoing instrument was acknowledged before me, by means of ❑: physical
presence or ❑ online notarization, this day of , 2022 by Phillip J. Matson,
AICP, Community Development Director for Indian River County, Florida under authority
of the Board of County Commissioners of Indian River County, Florida. who is 7 -
personally
personally known or ❑ produced identification in the form of
NOTARY PUBLIC:
SEAL: Sign:
printed name:
Commission No.:
Commission Expiration:
4 127
[Remainder of Page Intentionally Left Blank]
128
Witnesses:
Signature:
Printed Name:
Signature:
Printed Name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
OWNER:
M
The foregoing instrument was acknowledged before me, by means of ❑ physical
presence or ❑ online notarization, this day of , 2022 by ,
who is ❑ personally known or ❑ produced identification in the form of
NOTARY PUBLIC:
SEAL: Sign:
Printed Name:
Commission No.:
Commission Expiration:
129
This document was prepared by:
Office of Indian River County Attorney
1801 27th Street
Vero Beach, FL 32960
772-226-1425
LICENSE AGREEMENT
This agreement made and entered into this day of , 2022 by and between
INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter referred to as "County"
and I whose mailing address is
hereinafter "Licensee".
WITNESSETH:
That, in consideration of the following covenants and agreements, the parties hereto
state as follows:
1. Indian River County is presumptively the holder of riparian rights to the canal
lying easterly of Calcutta Drive, by virtue of the dedication of Calcutta Drive adjacent to said
canal to the public by the Replat of Country Club Pointe, Unit 1 at Plat Book 4, Page 11, Public
Records of Indian River County, Florida;
2. Licensee is owner of Lot _, Block _, Country Club Pointe, Unit 2, which lot lies
(hereinafter the "PROPERTY");
3. Licensee has sought permission to utilize the riparian land of County along the
east right-of-way line of Calcutta Drive, generally described as due east of due east of the north
property line of Lot 10, Block 2, Replat of Country Club Pointe Subdivision, Unit 1 AND plus -or -
minus 13 feet south of the extension thereof, and running southerly approximately for 25 feet
along the canal (and numbered _ on County's inventory) for the use of a dock for personal
recreational use of themselves and/or occupants of said Lot _, Block _, Country Club Pointe,
Unit 2;
1 130
4. County agrees to allow Licensee to utilize said dock for personal recreational
uses of themselves and/or the occupants of Lot _, Block _, Country Club Pointe, Unit 2 for so
long as they own/occupy the PROPERTY. This right shall not be assignable, nor shall
Licensee rent the dock to third parties other than the occupant (if not Licensee) of Lot
Block _, Country Club Pointe, Unit 2;
5. Licensee agrees to pay the County a one-time $5,000 transfer fee and
$2,000.00 per year plus applicable sales tax commencing on , 2022 and
each year thereafter for the exclusive right of Licensee and/or occupants of Lot _, Block
Country Club Pointe, Unit 2, to utilize said dock for the purposes stated herein;
6. Licensee agrees to hold County harmless from any damages arising out of the
use of County riparian land for the purposes of accessing the canal lying easterly of the
PROPERTY by any member of Licensee's or occupants' families or their guests. This
indemnification shall be by means of an insurance policy naming Indian River County as an
additional insured in the amount of $300,000.00 liability insurance. A certificate of insurance
must be provided annually to the County by the Licensee detailing the following language in
the Descriptions of Operations/Locations on the certificate: "Indian River County is named as an
additional insured with respect to labiality coverage for leased dock at Riparian land as
described in Book Page of the public records of Indian River County, Dock
No. 17.";
7. Licensee agrees that no boat maintained at said dock shall have a clearance of
greater than 14 feet above water, said height limitation being related to the clearance of the
Indian River Boulevard bridge over the Main Relief Canal. The maximum length of any boat
shall not exceed 24 feet (including engines) for the dock identified as number _ on the
County's dock inventory;
8. Licensee agrees that the County may make annual inspections of the dock
facility under license agreement and that this right shall be preserved in any rental agreement
2 131
for Lot _, Block _, Country Club Pointe, Unit 2. In addition to such annual inspection, the
County may inspect the dock facility due to storm events or complaints submitted to the County
by third parties. Licensee further agrees to correct any maintenance deficiencies, subject to
normal County building permit requirements, within thirty (30) days of notification of any such
deficiencies identified. If the dock facility falls into disrepair and is not corrected within the
applicable time period, the County has the right to remove the dock and lien the PROPERTY for
the costs associated with such removal;
9. Licensee must apply for a permit with Indian River County, within 60 days of
entering into this license agreement, to either repair or demolish and rebuild the dock. Within
120 days from the issuance of the permit, the repairs or rebuilding of the dock must be
accomplished and a request to Indian River County for an inspection must be made;
10. Prior to the installation of any electricity to the dock, Licensee shall obtain a
quote from a licensed electrician familiar with dock designs. Licensee shall also provide a copy
of the quote and designs to the County for review and must receive approval from the County
before electric work can be installed;
11. Prior to the installation of any water or irrigation service and connection to the
dock, Licensee shall obtain a quote from a licensed contractor familiar with dock designs.
Licensee shall also provide a copy of the quote and designs to the County for review and must
receive approval from the County before work can be installed;
12. The parties agree that this License agreement shall terminate upon sale of the
PROPERTY by the Licensee, at which time any dock improvements under this license
agreement shall become the property of County, unless the then purchaser of the PROPERTY
enters into a license agreement for the usage of the dock facility containing covenants and
agreements similar to this license agreement within ninety (90) days of sale of the PROPERTY.
13. Licensee is required to have the dock facility inspected on a five-year cycle by
an independent third -party expert and to submit that report to the County;
3 132
14. This license agreement may also be terminated by County if condition 4 or
covenants 5, 6, 7, 8, 9, 10 or 11 above are violated. County may also terminate this license
agreement for unpermitted work on the dock facility, for work that would require a permit.
Licensee may terminate this agreement upon sixty (60) days' written notice to Indian River
County. Any event of termination shall cause any and all dock improvements to become the
property of Indian River County; and
15. This license agreement shall be recorded in the Public Records of Indian River
County, Florida.
IN WITNESS WHEREOF, County and Licensee have caused this agreement to be
signed in their respective names.
Witnesses:
Signature:
Printed Name:
Signature:
Printed Name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
INDIAN RIVER COUNTY, FLORIDA
M
Phillip J. Matson, AICP
Community Development Director
Authority: Resolution No. 2022 -
The foregoing instrument was acknowledged before me, by means of ❑ physical
presence or ❑ online notarization, this day of , 2022 by Phillip J. Matson,
AICP, Community Development Director for Indian River County, Florida under authority
of the Board of County Commissioners of Indian River County, Florida. who is ❑
personally known or ❑ produced identification in the form of
NOTARY PUBLIC:
SEAL: Sign: _
printed name:
Commission No.:
Commission Expiration:
4 133
Witnesses:
Signature: _
Printed Name:
Signature:
Printed Name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
OWNER:
LM
The foregoing instrument was acknowledged before me, by means of ❑ physical
presence or ❑ online notarization, this day of , 2022 by ,
who is ❑ personally known or ❑ produced identification in the form of
NOTARY PUBLIC:
SEAL: Sign:
Printed Name:
Commission No.:
Commission Expiration:
M
135
CONSENT: 7/12/2022
Office o f
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: July 6, 2022
SUBJECT: Resolutions Cancelling Taxes
Resolutions have been prepared for the purpose of earmarking the public use of the following
properties and cancelling any delinquent, omitted or current taxes which may exist on the
properties obtained by Indian River County:
Public Purpose: 66th Avenue Right of Way purposes
Location/Description: West side of 66th Avenue, between 77th and 81" Street
Purchased from: Marygrace and Robert G. Sexton
Instrument: Order of Taking, dated May 26, 2022
Public Purpose: 66th Avenue Right of Way purposes
Location/Description: East side of 66' Avenue, between 77th Street and 81St Street
Purchased from: Orville L. Ganbin and Kelly L. Jackson
Instrument: Agreed Order of Taking, dated May 31, 2022
Public Purpose: 581 Avenue Right of Way purposes
Location/Description: West side of 58th Avenue, South of 33`d Street
Purchased from: Cherry Lane Estates, Inc. of Vero Beach
Instrument: Warranty Deed — Corporate Grantor, Book 3551, Page
1947 of the public records of Indian River County
FUNDING:
There is no cost associated with this item.
136
Board of County Commissioners
July 6, 2022
Page 2
RECOMMENDATION:
Authorize the Chairman of the Board of County Commissioners to execute the Resolutions to
cancel certain taxes upon the properties purchased by Indian River County for a public purpose,
and the Clerk to send a certified copy of the Resolutions to the Tax Collector and the Property
Appraiser so that any delinquent or current taxes can be cancelled.
ATTACHMENT:
Resolutions
cc: Carole Jean Jordan - Tax Collector
Wesley Davis - Property Appraiser
137
Purchased from Robert G. Sexton and Marygrace M. Sexton
Public Purpose: 661h Avenue Right -of -Way
Tax Parcel Portion of # 31393100000700000002.0
RESOLUTION NO. 2022-
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, CANCELLING
CERTAIN TAXES UPON PUBLICLY OWNED
LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of
County Commissioners of each County to cancel and discharge any and all liens
for taxes, delinquent or current, held or owned by the county or the state, upon
lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States, for
road purposes, defense purposes, recreation, reforestation, or other public use;
and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are or
will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and directed
1 138
RESOLUTION NO. 2022 -
to make proper entries upon the records to accomplish such cancellation and to
do all things necessary to carry out the provisions of section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that any and all liens for taxes delinquent or current against the
following described lands which were purchased by Indian River County from
Robert G. Sexton and Marygrace M. Sexton for 66th Avenue Right -of -Way, are
hereby cancelled pursuant to the authority of section 196.28, F.S.
See Order of Taking, dated May 26, 2022.
The resolution was moved for adoption by Commissioner , and
the motion was seconded by Commissioner , and, upon being put to a
vote, the vote was as follows:
Commissioner Peter D. O'Bryan
Commissioner Joseph H. Earman
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Laura Moss
The Chairman thereupon declared the resolution duly passed and adopted
this day of July, 2022.
RESOLUTION NO. 2022-
2 139
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
in
Deputy Clerk
Peter D. O'Bryan, Chairman
Tax Certificates Outstanding _ X_ N
Yes o
Current Prorated Tax Received
and Deposited with Tax Collector $
Approved as to form and
legal sufficiency:
By:
Dylan Reingold
County Attorney
3
140
Purchased from Robert G. Sexton and Marygrace M. Sexton
Public Purpose: 661" Avenue Right -of -Way
Tax Parcel Portion of # 31393100000700000002.0
RESOLUTION NO. 2022-
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, CANCELLING
CERTAIN TAXES UPON PUBLICLY OWNED
LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of
County Commissioners of each County to cancel and discharge any and all liens
for taxes, delinquent or current, held or owned by the county or the state, upon
lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States, for
road purposes, defense purposes, recreation, reforestation, or other public use;
and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are or
will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and directed
1 141
RESOLUTION NO. 2022 -
to make proper entries upon the records to accomplish such cancellation and to
do all things necessary to carry out the provisions of section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that any and all liens for taxes delinquent or current against the
following described lands which were purchased by Indian River County from
Robert G. Sexton and Marygrace M. Sexton for 66th Avenue Right -of -Way, are
hereby cancelled pursuant to the authority of section 196.28, F.S.
See Order of Taking, dated May 26, 2022.
The resolution was moved for adoption by Commissioner , and
the motion was seconded by Commissioner , and, upon being put to a
vote, the vote was as follows:
Commissioner Peter D. O'Bryan
Commissioner Joseph H. Earman
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Laura Moss
The Chairman thereupon declared the resolution duly passed and adopted
this day of July, 2022.
RESOLUTION NO. 2022-
2 142
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Peter D. O'Bryan, Chairman
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
Deputy Clerk
Tax Certificates Outstanding _ X
Yes No
Current Prorated Tax Received
and Deposited with Tax Collector $
Approved as to form and
legal sufficiency:
By:
Dylan Reingold
County Attorney
3
143
Purchased from Orville Leonard Ganbin, III & Kelly L. Jackson
Public Purpose: 661h Avenue Righ-of-Way
Tax Parcel Portion of # 31393200000500000009.0
RESOLUTION NO. 2022-
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, CANCELLING
CERTAIN TAXES UPON PUBLICLY OWNED
LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of
County Commissioners of each County to cancel and discharge any and all liens
for taxes, delinquent or current, held or owned by the county or the state, upon
lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States, for
road purposes, defense purposes, recreation, reforestation, or other public use;
and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are or
will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and directed
1 144
RESOLUTION NO. 2022 -
to make proper entries upon the records to accomplish such cancellation and to
do all things necessary to carry out the provisions of section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that any and all liens for taxes delinquent or current against the
following described lands which were purchased by Indian River County from
Orville Leonard Ganbin, III & Kelly L. Jackson, as Joint Tenants with Right
of Survivorship for 66th Avenue Right -of -Way, are hereby cancelled pursuant to
the authority of section 196.28, F.S.
See Agreed Order of Taking, dated May 31, 2022.
The resolution was moved for adoption by Commissioner , and
the motion was seconded by Commissioner , and, upon being put to a
vote, the vote was as follows:
Commissioner Peter D. O'Bryan
Commissioner Joseph H. Earman
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Laura Moss
The Chairman thereupon declared the resolution duly passed and adopted
this day of July, 2022.
2 145
RESOLUTION NO. 2022 -
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
go
Peter D. O'Bryan, Chairman
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
Deputy Clerk
Tax Certificates Outstanding _ X
Yes No
Current Prorated Tax Received
and Deposited with Tax Collector $
Approved as to form and
legal sufficiency:
By:
Dylan Reingold
County Attorney
3
146
0r
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
James W. Ennis, P.E., Asst. Public Works Director
FROM: Richard Reichenbach, P.E., Project Engineer
SUBJECT: Award of Bid No. 2022046
Indian River Boulevard Resurfacing from 53rd Street to the Merrill Barber
Bridge, IRC -1707, FDOT FM 441919-1-54-01
DATE: June 27, 2022
DESCRIPTION AND CONDITIONS
On March 8, 2022, the Board of County Commissioners approved a Small County Outreach
Program (SCOP) Grant from the Florida Department of Transportation (FDOT) in the maximum
amount of $3,369,906 for Construction (Milling and Resurfacing) and Construction Engineering
Inspection (CEI) Services for CR-603/Indian River Boulevard from Merrill Barber Bridge to 53rd
Street. The proposed improvements, designed in-house, will include milling and resurfacing,
widening the shoulder to guarantee a minimum 5 -foot -wide bike lane along a major North/South
corridor, ADA sidewalk return improvements and interconnect improvements for hardening and
resiliency.
A bid opening for the Indian River Boulevard Resurfacing from 53rd Street to the Merrill Barber
Bridge was held on May 26, 2022 and two (2) bids were received and opened. A detailed bid
tabulation is on file and available for viewing in the Public Works Engineering Division. Bid totals
are as follows:
COMPANY
BID
C.W. ROBERTS CONTRACTING, INC., Palm City, FL
$4,989,884.10
RANGER CONSTRUCTION INDUSTRIES, INC., Fort Pierce, FL
$5,710,151.20
C.W. Roberts Contracting, Inc is considered to be the lowest, responsive, responsible bidder for
the project with a bid totaling $4,989,884.10, which is $908,129.23 above the Engineer's Cost
Estimate. C.W. Roberts Contracting, Inc. has completed various projects within the County in a
satisfactory manner.
On July 8, 2022, FDOT granted concurrence having reviewed the Bid Tabulations and Contract
Documents presented by staff.
147
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PAGE 2
Award of Bid No. 2022046,
IRC -1707 — Indian River Boulevard Resurfacing (53rd Street to Merrill Barber Bridge),
FDOT FM 441919-1-54-01
For July 12, 2022 BCC Meeting
FUNDING
Per the SCOP grant agreement, the County must fund the project and then request
reimbursement of the grant share from FDOT to a maximum amount of $3,369,906 of the total
cost for the project. Funding for the County's cost share is $1,619,978.10. Current funding of
$1,000,000 is budgeted in Account No. 10921441-053360-21014/Secondary Roads/Indian River
Blvd Resurfacing (Barber Bridge to 53rd St) as the 2nd year of the 2021/2022 approved Capital
Improvement Element (CIE). The additional funds of $619,979 will be programmed into the
2022/2023 CIE.
RECOMMENDATION
Staff recommends the Board approve award to the lowest responsive and responsible bidder,
C.W. Roberts Contracting, Inc. for $4,989,884.10. Staff further recommends the Board approve
the sample agreement and authorize the Chairman to execute said agreement after review and
approval of both the agreement and required Public Construction Bond by the County Attorney
as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk
Manager.
TTACH M E NTS
Sample Agreement
AGENDA ITEM FOR JULY 12, 2022
Page 1918
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SECTION 00520 Agreement (Public Works)
TABLE OF CONTENTS
Title
Page
ARTICLE1- WORK...................................................................................................................2
ARTICLE 2 - THE PROJECT.......................................................................................................2
ARTICLE3 - ENGINEER............................................................................................................2
ARTICLE 4 - CONTRACT TIMES................................................................................................2
ARTICLE 5 - CONTRACT PRICE.................................................................................................3
ARTICLE 6 - PAYMENT PROCEDURES.....................................................................................3
ARTICLE 7 - INDEMNIFICATION..............................................................................................4
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS...................................................................5
ARTICLE 9 - CONTRACT DOCUMENTS....................................................................................6
ARTICLE 10 - MISCELLANEOUS...............................................................................................7
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SECTION 00520 Agreement (Public Works)
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the
State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called
OWNER)
and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
ARTICLE 1 -WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
This project will be performed for the resurfacing/widening of Indian River
Boulevard from 53rd Street to the Merrill Barber Bridge. The proposed
improvements will include milling and resurfacing, widening the shoulder to
guarantee a minimum 5 -foot -wide bike lane along a major North/South corridor,
ADA sidewalk return improvements and interconnect improvements for hardening
and resiliency. This project is an F.D. O. T. Small County Outreach Program (SCOP)
funded project, FM No. 441999-1-54-01.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
Project Name: INDIAN RIVER BOULEVARD RESURFACING FROM 53RD
STREET TO THE MERRILL BARBER BRIDGE
County Project Number: IRC -1707
FM Number: 441919-1-54-01
Bid Number: 2022046
Project Address: Indian River Blvd. from 53rd Street to the Merrill Barber Bridge,
Vero Beach, Florida 32960 and 32967
ARTICLE 3 - ENGINEER
3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and
will act as OWNER's representative, assume all duties and responsibilities, and have the
rights and authority assigned to ENGINEER in the Contract Documents in connection with
the completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
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A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be substantially completed on or before the 180th calendar day after the date
when the Contract Times commence to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with paragraph 14.07
of the General Conditions on or before the 210th calendar day after the date when the
Contract Times commence to run.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within the times specified
in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12
of the General Conditions. Liquidated damages will commence for this portion of work. The
parties also recognize the delays, expense, and difficulties involved in proving in a legal
proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that
as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER
$2,712.00 for each calendar day that expires after the time specified in paragraph 4.02 for
Substantial Completion until the Work is substantially complete. After Substantial
Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work
within the Contract Time or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER $2,712.00 for each calendar day that expires after the
time specified in paragraph 4.02 for completion and readiness for final payment until the
Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents, an amount in current funds equal to the sum of the amounts
determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.8, below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:
Numerical Amount: $
Written Amount:
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
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A. CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions and the Contract Documents.
6.02 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis
of the approved partial payment request as recommended by ENGINEER in
accordance with the provisions of the Local Government Prompt Payment Act,
Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%)
of the payment amounts due to the CONTRACTOR until final completion and
acceptance of all work to be performed by CONTRACTOR under the Contract
Documents.
6.03 Pay Requests.
A. Each request for a progress payment shall be submitted on the application
provided by OWNER and the application for payment shall contain the
CONTRACTOR'S certification. All progress payments will be on the basis of
progress of the work measured by the schedule of values established, or in the
case of unit price work based on the number of units completed.
6.04 Paragraphs 6.02 and 6.03
do not apply to construction services work purchased by the County as OWNER which
are paid for, in whole or in part, with federal funds and are subject to federal grantor laws
and regulations or requirements that are contrary to any provision of the Local
Government Prompt Payment Act. In such event, payment and retainage provisions shall
be governed by the applicable grant requirements and guidelines.
6.05 Acceptance of Final Payment as Release.
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate
as a release to the OWNER from all claims and all liability to the CONTRACTOR
other than claims in stated amounts as may be specifically excepted by the
CONTRACTOR for all things done or furnished in connection with the work under
this Contract and for every act and neglect of the OWNER and others relating to
or arising out of the work. Any payment, however, final or otherwise, shall not
release the CONTRACTOR or its sureties from any obligations under the Contract
Documents or the Public Construction Bond.
ARTICLE 7 - INDEMNIFICATION
7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with
paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract.
7.02 "To the fullest extent permitted by law, the Recipient's contractor/consultant shall indemnify
and hold harmless the Recipient and the State of Florida, Department of Transportation,
including the Department's officers and employees, from liabilities, damages, losses and
costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of the contractor or consultant
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and persons employed or utilized by the contractor or consultant in the performance of this
Agreement."
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other
related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, and performance of the
Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the Site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in
paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous
Environmental Condition, if any, at the Site which have been identified in the Supplementary
Conditions as provided in paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground Facilities)
at or contiguous to the Site which may affect cost, progress, or performance of the Work or
which relate to any aspect of the means, methods, techniques, sequences, and procedures
of construction to be employed by CONTRACTOR, including applying the specific means,
methods, techniques, sequences, and procedures of construction, if any, expressly required
by the Contract Documents to be employed by CONTRACTOR, and safety precautions and
programs incident thereto
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the irformation known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and
data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
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J. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
K. Contractor is registered with and will use the Department of Homeland Security's E -Verify
system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees
for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also
responsible for obtaining proof of E -Verify registration for all subcontractors.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 00520-1 to 00520-9, inclusive);
2. Notice to Proceed (page 00550-1);
3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive);
4. Sample Certificate of Liability Insurance (page 00620-1);
5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive);
6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive);
7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive);
8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the
Work (page 00634-1);
9. General Conditions (pages 00700-1 to 00700-38, inclusive);
10. Supplementary Conditions (pages 00800-1 to 00800-12, inclusive);
11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical
Provisions);
12. Drawings consisting of a cover sheet and sheets numbered 1 through 51, inclusive, with
each sheet bearing the following general title: Indian River Blvd. Resurfacing;
13. Addenda (if applicable );
14. Appendices to this Agreement (enumerated as follows):
Appendix A — Permits
Appendix B — Indian River County Fertilizer Ordinances
Appendix C — Indian River County Traffic Engineering Special Conditions for Right of
Way Construction
15. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive);
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16. Bid Bond (page 00430-1
17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 00452-1 to 00452-2, inclusive);
18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2,
inclusive);
19. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive);
20. List of Subcontractors (page 00458-1);
21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies
(page 00460-1);
22. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s);
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be bound;
and, specifically but without limitation. moneys that may become due and moneys that are
due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to
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be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract
Documents shall be reformed to replace such stricken provision or part thereof with a valid
and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.
10.05 Venue
A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit
brought by either party against the other party or otherwise arising out of this Contract shall
be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United
States District Court for the Southern District of Florida.
10.06 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration
of the contract term and following completion of the contract if the contractor does not transfer
the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records required by the County to
perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the Contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the Custodian of Public
Records, in a format that is compatible with the information technology systems of the County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
(772) 226-1424
pu bl i crecords(a)-i rcq ov. com
Indian River County Office of the County Attorney
180127 th Street
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Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of
this Agreement.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate.
One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their
behalf.
This Agreement will be effective on day of 20 (the date the Contract
is approved by the Indian River County Board of County Commissioners, which is the Effective Date
of the Agreement).
OWNER:
INDIAN RIVER COUNTY
By:
Peter D. O'Bryan, Chairman
By:
Jason E. Brown, County Administrator
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
A
CONTRACTOR:
2
(Contractor)
(CORPORATE SEAL)
Attest
Dylan Reingold, County Attorney Address for giving notices:
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Name: James W. Ennis, P.E., PMP
Title: Assistant Public Works Director
1801 27th Street
Vero Beach, Florida 32960
(772) 226-1221
Facsimile: (772) 778-9391
License No.
(Where applicable)
Agent for service of process:
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
* * END OF SECTION * *
7a028c95-5ed6-479e-6730-910194e15e29.docx-00634-10
C:\G ranicus\Legistar5\LS\Temp\7a028c95-5ed6-479e-6730-910194e15e 9M
INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
*,,.. Department of General Services
<ri,►vr Parks and Recreation
Date: July 5, 2022
To: The Honorable Board of County Commissioners
Through: Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
From: Beth Powell, Parks and Recreation Director
Subject: Termination of License Agreement between Sebastian Area Soccer Association,
Inc. and Indian River County
BACKGROUND
Indian River County is presently under long term license agreement with Sebastian Area Soccer
Association, Inc. (SASA). This agreement original purpose was for the SASA to develop and
construct soccer fields at Fran B. Adams Regional Park (North County Park) for the purpose of
providing soccer fields for the use and enjoyment of soccer enthusiasts in Indian River County.
The original License Agreement was signed and took effect April 18, 2003. The terms of this
Agreement were set for 20 years with an optional 20 -year renewal. Amendment 1 was executed on
June 22, 2010, changing the yearly fee from $200 per year to $1 per year for the remainder of the
agreement. Due to inactivity of the SASA's programming and utilization/maintenance of the fields
County Staff and the SASA Board have mutually initiated the termination of the License
Agreement.
Termination of the License Agreement will enable the SASA to focus on rebuilding their
programming and the County will assume maintenance of the soccer fields or conversion of the
fields to a compatible or alternative use. The County encourages SASA to enter into a bulk rental
agreement for the use of the fields as needed.
FUNDING
There are no direct funding costs associated with this Termination of License Agreement, however,
the Parks Maintenance Division will assume responsibility of the mowing and upkeep of the fields,
irrigation, and other amenities on the site. Additional funding needed for conversion and/or
replacement of the fields will be considered during regular operating budget planning and in the
updates to the Capital Improvement Element of the Comprehensive Plan.
RECOMMENDATIONS
Staff recommends that the Board approve the attached Termination of License Agreement and
authorize the Chairman to sign the attached Termination of License Agreement between Indian
River County and Sebastian Area Soccer Association, Inc. upon the County Attorney's review as to
Form and Legal Sufficiency.
159
ATTACHMENT
Termination of License Agreement between Indian River County and Sebastian Area Soccer
Association, Inc.
APPROVED AGENDA ITEM FOR Julv 12, 2022
160
TERMINATION OF LICENSE AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND
SEBASTIAN AREA SOCCER ASSOCIATION, INC.
THIS TERMINATION of License Agreement is entered into this day of July 2022,
by and between Indian River County, a political subdivision of the State of Florida, whose address
is 1801 27th Street, Vero Beach, FL 32060, hereinafter referred to as "Licensor" and Sebastian
Area Soccer Association, Inc. hereinafter referred to as "Licensee" and the parties agree as
follows:
WHEREAS, Sebastian Area Soccer Association, Inc. and Indian River County entered into
a License Agreement dated April 18, 2003, whereby the Licensee would develop and construct
soccer fields at Fran B. Adams Regional Park (North County Regional Park) providing soccer
fields for the use and enjoyment of soccer enthusiasts in Indian River County, Florida, in
exchange for a 20 -year agreement allowing them exclusive use of the property for the agreed
amount of $200 per year. In June 2010, an amendment was added to the agreement that
modified the fee to $1 per year.
WHEREAS, the Licensee is no longer able to utilize and maintain the property for its
intended purpose of providing soccer fields for the use and enjoyment of soccer enthusiasts in
Indian River County, Florida.
WHEREAS, the parties wish to terminate the License Agreement to relieve each party
from the requirements of the Agreement.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency is hereby acknowledged, the parties agree as follows:
1. The above statements are true and correct and incorporated by reference herein.
2. That certain License Agreement dated April 18, 2003, set to expire on April 18, 2023, is
hereby canceled upon the mutual consent of the parties.
161
IN WITNESS WHEREOF, the parties have executed this Termination of License
Agreement as of the date first written above.
Patrick Riviezzo, DP
Sebastian Area Soccer Association, Inc.
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By: -------------------------
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY
am
Peter D. O'Bryan, Chairman
BCC Approved:
Approved as to form and Legal
Sufficiency Approved:
Deputy County Attorney
Reviewed and Approved:
By:
Florida Department of Environmental Protection
Division of State Lands
Jason E. Brown
County Administrator
162
INDIAN RIVER COUNTY, FLORIDA
INTEROFFICE MEMORANDUM
Department of General Services
Parks & Recreation
1A•
Date: July 6, 2022
To: The Honorable Board of County Commissioners
Through: Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
From: Beth Powell, Director Parks & Recreation
Subject: Funding Award from the Indian River Lagoon Council — National Estuary Program
for the Lost Tree Islands Conservation Area Phase 4 (Contract # IRL2022-07)
DESRIPTIONS AND CONDITIONS
The Lost Tree Islands Conservation Area (LTICA) was purchased in 2003 with funds from the Florida
Communities Trust. The 508 -acre site is located in the Central Indian River Lagoon (IRL) approximately
0.75 miles north of the SR 60 boat launch on the barrier island. In 2002 the Town of Indian River Shores
and the City of Vero Beach entered into an interlocal agreement with the County for the purchase and
maintenance of the site. The LTICA is the second largest publicly -owned island system that is protected in
Indian River County, and includes more than 10 miles of shoreline habitat. The LTICA ecological
enhancement project will be the largest lagoon -based enhancement project undertaken by Indian River
County.
On October 15, 2019, the Board of County Commissioners approved a Cost -Share Agreement Between
Indian River Lagoon Council (IRLC) and Indian River County for the Lost Tree Islands Conservation Area
Ecological Enhancement Plan Design & Engineering, Contract #IRL2019-18. This grant was successfully
completed and the County is awaiting reimbursement from this grant award.
To further the objectives outlined in the design and engineering plan, the County initiated exotic plant
removal on Duck Head Island earlier this year. In an effort to move the restoration work further, the County
submitted a second grant application to the Indian River Lagoon Council for Phase 4 which will include
mechanical treatment of non-native vegetation, site maintenance, and replanting with native species.
Additionally, the County will conduct two environmental education/community engagement projects as part
of the grant deliverables. To close the project, the County will provide the IRLC with monitoring and status
reports including photographic documentation and monitoring of clean-up events.
FUNDING
Through this grant award, the County will commit to a 77% match of the proposed budget for work
completed as described in the attached Cost -share Agreement/Attachment A — Statement of Work.
163
Page Two
July 12, 2022
Funding Award from the Indian River Lagoon Council — National Estuary Program for the Lost Tree
Islands Conservation Area Phase 4
Available funds for the cash match will be made through Optional Sales Tax\Parks\Lost Tree Conservation
Area, account number 31521072-066510-20001, as identified in the December 3, 2021 update to the
Capital Improvement Element of the Comprehensive Plan for the Lost Tree Islands Enhancement,
Restoration & Public Facilities/Trails/Boardwalk as the funding source for this project. Grant funds from
the IRLC will leverage the ability of the County to provide enhancement and restoration objectives for the
islands.
STAFF RECOMMENDATION
Staff respectfully recommends that the Board accept the Cost -Share Agreement between the IRL Council
and Indian River County for the Phase 4 Restoration for the Lost Tree Islands Conservation Area —
Contract # IRL2022-07; Encumbrance #GLO1-1895/GLO1-2205 after review and authorize the Chairman
to sign in duplicate and return to staff to forward to the IRLNEP for signatures.
ATTACHMENTS
• Cost -Share Agreement Between the IRL Council and Indian River County for the Lost Tree
Islands Conservation Area Phase 4, Contract #IRL2022-07
APPROVED AGENDA ITEM FOR JULY 12.2022
164
Description
Account Number
Amount
IRL NEP GRANT
Grant Funds — National Estuary Program
N/A
$50,000
INDIAN RIVER COUNTY
Optional Sales Tax\Parks\Lost Tree
31521072-066510-
$161,900
Conservation Area (cash match)
20001
$3,904.08
In -Kind Services
TOTAL
$215,804.08
STAFF RECOMMENDATION
Staff respectfully recommends that the Board accept the Cost -Share Agreement between the IRL Council
and Indian River County for the Phase 4 Restoration for the Lost Tree Islands Conservation Area —
Contract # IRL2022-07; Encumbrance #GLO1-1895/GLO1-2205 after review and authorize the Chairman
to sign in duplicate and return to staff to forward to the IRLNEP for signatures.
ATTACHMENTS
• Cost -Share Agreement Between the IRL Council and Indian River County for the Lost Tree
Islands Conservation Area Phase 4, Contract #IRL2022-07
APPROVED AGENDA ITEM FOR JULY 12.2022
164
Contract# IRL2022-07
Encumbrance# GLO1-I895/GLO1-2205
AGENCY COST -SHARE AGREEMENT BY AND BETWEEN THE
IRL COUNCIL AND INDIAN RIVER COUNTY FOR THE PHASE 4
RESTORATION FOR THE LOST TREE ISLAND CONSERVATION AREA
THIS AGREEMENT ("Agreement") is entered into between the IRL COUNCIL ("Council'),
whose address is1235 Main Street, Sebastian, Florida 32958, and INDIAN RIVER COUNTY, whose
address is 1801 271 Street, Vero Beach, Florida 32960 ("Recipient"). All references to the parties hereto
include the parties, their officers, employees, agents, successors, and assigns.
The waters of the state of Florida are among its basic resources, and the Council has been
authorized by the United States Environmental Protection Agency to be the local sponsor
for the Indian River Lagoon National Estuary Program.
Pursuant to the IRL Council Interlocal Agreement, the Council is responsible for
managing the Indian River Lagoon National Estuary Program.
The Council has determined that providing cost -share funding to Recipient for the
purposes provided for herein will benefit the management of the water resources of the
Indian River Lagoon.
The parties have agreed to jointly fund the following project to benefit the water resources
in accordance with the funding formula further described in the Statement of Work,
Attachment A (hereafter "the Project"):
Project description: The 13.7 acres of Earman Island will be mechanically treated and
re -vegetated with native species. The mechanically treated areas will be managed to
minimize establishment of opportunistic undesirable species within the mulched areas
for a period of at least six months prior to planting. A diverse array of native plants will
be installed in mulched areas within transitional wetland and hammock areas. Phase 4
also will include the treatment of exotics within the existing mangroves fringes.
In consideration of the above recitals, and the funding assistance described below, Recipient agrees
to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient
shall complete the Project in conformity with the contract documents and all attachments and other items
incorporated by reference herein. This Agreement consists of all of the following documents: (1)
Agreement, (2) Attachment A- Statement of Work; and (3) other attachments, if any. The parties hereby
agree to the following terms and conditions.
1. TERM; WITHDRAWAL OF OFFER
(a) The term of this Agreement is from the date upon which the last party has dated and
executed the same ("Effective Date") until September 30, 2023 ("Completion Date").
Recipient shall not commence the Project until any required submittals are received and
approved. Recipient shall commence performance on October 1, 2022 and shall complete
performance in accordance with the time for completion stated in the Statement of Work.
Time is of the essence for every aspect of this Agreement, including any time extensions.
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Encumbrance# GLO1-I895/GLO1-2205
(b) This Agreement constitutes an offer until authorized, signed and returned to the Council by
Recipient. This offer terminates forty-five (45) days after receipt by Recipient; provided,
however, that Recipient may submit a written request for extension of this time limit to the
Council's Project Manager, stating the reason(s) therefor. The Project Manager shall notify
Recipient in writing if an extension is granted or denied. If granted, this Agreement shall be
deemed modified accordingly without any further action by the parties.
2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement
of Work, Attachment A. Recipient is responsible for the professional quality, technical
accuracy, and timely completion of the Project. Both workmanship and materials shall be of
good quality. Unless otherwise specifically provided for herein, Recipient shall provide and
pay for all materials, labor, and other facilities and equipment necessary to complete the
Project. The Council's Project Manager shall make a final acceptance inspection of the Project
when completed and finished in all respects. Upon satisfactory completion of the Project, the
Council will provide Recipient a written statement indicating that the Project has been
completed in accordance with this Agreement. Acceptance of the final payment by Recipient
shall constitute a release in full of all claims against the Council arising from or by reason of
this Agreement.
3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the Council does not
assert an ownership interest in any of the deliverables under this Agreement.
4. AMOUNT OF FUNDING
(a) Compensation. For satisfactory completion of the Project, the Council shall pay Recipient
approximately twenty three percent (23%) of the total cost of the Project, but in no event
shall the Council cost -share exceed $50,000. The Council cost -share is not subject to
modification based upon price escalation in implementing the Project during the term of
this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure
completion of the Project. Recipient shall notify the Council's Project Manager in writing
upon receipt of any additional external funding for the Project not disclosed prior to
execution of this Agreement.
(b) In -Kind Services. Recipient agrees to provide $165,804 in the form of cash and/or in-kind
services for the Project, as further described in the Statement of Work, which shall count
toward Recipient's total cost -share obligation of $165,804.
5. PAYMENT OF INVOICES
(a) Submission of Invoices. Recipient shall submit one invoice upon successful completion of
the Project by one of the following two methods: (1) by mail to the IRL Council, 1235 Main
Street, Sebastian, Florida 32958, or (2) by e-mail to kolodriy a,irlcouncil.org. The invoice
shall be submitted in detail sufficient for proper pre -audit and post -audit review. It shall
include a copy of contractor and supplier invoices to Recipient and proof of payment. For all
approved expenses incurred on or after October 1, 2022, Recipient shall be reimbursed for
approximately twenty three percent (23%) of approved costs or the not -to -exceed sum of
$50,000, whichever is less. The Council shall not withhold any retainage from this
reimbursement. If necessary, for audit purposes, Recipient shall provide additional
supporting information as required to document invoices.
(b) End of Council Fiscal Year Reporting. The Council's fiscal year ends on September
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Contract# IRL2022-07
Encumbrance# GLO1-1895/GLO1-2205
30. Irrespective of the invoicing frequency, the Council is required to account for all
encumbered funds at that time. VN'hen authorized under the Agreement, submittal of an
invoice as of September 30 satisfies this requirement. The invoice shall be submitted no
later than October 30. If the Agreement does not authorize submittal of an invoice as of
September 30, Recipient shall submit, prior to October 30, a description of the additional
work on the Project completed between the last invoice and September 30, and an estimate
of the additional amount due as of September 30 for such Work. If there have been no prior
invoices, Recipient shall submit a description of the work completed on the Project through
September 30 and a statement estimating the dollar value of that work as of September 30.
(c) Final Invoice. The final invoice must be submitted no later than 45 days after the
Completion Date; provided, however, that when the Completion Date corresponds with the
end of the Council's fiscal year (September 30), the final invoice must be submitted no
later than 30 days after the Completion Date. Final invoices that are submitted after the
requisite date shall be subject to a penalty of 10 percent of the invoice. This penalty
may be waived by the Council, in its sole judgment and discretion, upon a showing of
special circumstances that prevent the timely submittal of the final invoice. Recipient
must request approval for delayed submittal of the final invoice not later than ten
(10) days prior to the due date and state the basis for the delay.
(d) Invoice Requirements. All invoices shall include the following information: (1) Council
contract number; (2) Council encumbrance number; (3) Recipient's name and address
(include remit address, if necessary); (4) Recipient's invoice number and date of invoice;
(5) Council Project Manager; (6) Recipient's Project Manager; (7) supporting
documentation as to cost and/or Project completion (as per the cost schedule and other
requirements of the Statement of Work); (8) Progress Report (if required). Invoices that
do not correspond with this paragraph shall be returned without action within twenty (20)
business days of receipt, stating the basis for rejection. Payments shall be made within
forty-five (45) days of receipt of an approved invoice.
(e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel
expenses, travel expenses shall be drawn from the project budget and are not otherwise
compensable. If travel expenses are not included in the cost schedule, they are a cost that
is borne by Recipient.
(f) Payments withheld. The Council may withhold or, on account of subsequently discovered
evidence, nullify, in whole or in part, any payment to such an extent as may be necessary
to protect the Council from loss as a result of: (1) defective work not remedied; (2) failure
to maintain adequate progress in the Project; (3) any other material breach of this
Agreement. Amounts withheld shall not be considered due and shall not be paid until the
ground(s) for withholding payment have been remedied.
(g) Annual budgetary limitation. For multi -fiscal year agreements, the Council must budget
the amount of funds that will be expended during each fiscal year as accurately as
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Contract# IRL2022-07
Encumbrance# GLO1-I895/GLO1-2205
possible. The Statement of Work, Attachment A, includes the parties' current schedule for
completion of the Work and projection of expenditures on a fiscal year basis (October 1—
September 30) ("Annual Spending Plan"). If Recipient anticipates that expenditures will
exceed the budgeted amount during any fiscal year, Recipient shall promptly notify the
Council's Project Manager and provide a proposed revised work schedule and Annual
Spending Plan that provides for completion of the Work without increasing the Total
Compensation. The last date for the Council to receive this request is August 1 of the then -
current fiscal year. The Council may in its sole discretion prepare a Supplemental
Instruction Form incorporating the revised work schedule and Annual Spending Plan
during the then -current fiscal year or subsequent fiscal year(s).
6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property
damage attributable to the negligent acts or omissions of that party, its officers and employees.
Nothing contained herein shall be construed or interpreted as denying to any party any remedy or
defense available under the laws of the State of Florida, nor as a waiver of sovereign immunity of
the State of Florida beyond the waiver provided for in Section 768.28, Fla. Stat., as amended. Each
party shall acquire and maintain throughout the term of this Agreement such liability, workers'
compensation, and automobile insurance as required by their current rules and regulations, which
may include participation in a self-insurance program.
7. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding
availability, which may include a single source or multiple sources, including, but not limited
to: (1) revenues appropriated by the Council's Board of Directors; (2) annual appropriations by
the Florida Legislature, or (3) appropriations from other agencies or funding sources.
Agreements that extend for a period of more than one Fiscal Year are subject to annual
appropriation of funds in the sole discretion and judgment of the Council's Board of Directors for
each succeeding Fiscal Year. Should the Project not be funded, in whole or in part, in the current
Fiscal Year or succeeding Fiscal Years, the Council shall so notify Recipient and this Agreement
shall be deemed terminated for convenience five (5) days after receipt of such notice, or within
such additional time as the Council may allow. For the purpose of this Agreement, "Fiscal Year"
is defined as the period beginning on October 1 and ending on September 30.
8. PROJECT MANAGEMENT
(a) The Project Managers listed below shall be responsible for overall coordination and
management of the Project. Either party may change its Project Manager upon three (3)
business days prior written notice to the other party. Written notice of change of address
shall be provided within five (5) business days. All notices shall be in writing to the
Project Managers at the addresses below and shall be sent by one of the following
methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; (4) e-
mail or, (5) fax. Notices via certified mail are deemed delivered upon receipt. Notices via
overnight courier are deemed delivered one (1) business day after having been deposited
with the courier. Notices via e-mail or fax are deemed delivered on the date transmitted
and received.
COUNCIL
Daniel Kolodny, Project Manager
IRL Council
1235 Main Street
Sebastian, FL 32958
(772)216-7148
RECIPIENT
Beth Powell, Assistant Director, IRC Parks and
Conservation Resources
Indian River County
5500 77h Street
Vero Beach, FL 32967
(772)226-1873
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Contract# IRL2022-07
Encumbrance# GLO I- I 895/GLO 1-2205
E-mail: kolodiryAirlcouncil.org E-mail: bpowellAirc og v.com
(b) The Council's Project Manager shall have sole responsibility for transmitting
instructions, receiving information, and communicating Council policies and decisions
regarding all matters pertinent to performance of the Project. The Council's Project
Manager may also issue a Council Supplemental Instruction (CSI) form, Attachment B,
to authorize minor adjustments to the Work that are consistent with the purpose of the
Work. Both parties must sign the CSI. A CSI may not be used to change the Total
Compensation, quantity, quality, or the Completion Date of the Work, or to change or
modify the Agreement.
9. PROGRESS REPORTS AND PERFORMANCE MONITORING
(a) Progress Reports. Recipient shall provide to the Council Project update/status reports as
provided in the Statement of Work. Reports will provide detail on progress of the Project
and outline any potential issues affecting completion or the overall schedule. Reports may
be submitted in any form agreed to by Council's Project Manager and Recipient, and may
include emails, memos, and letters.
(b) Performance Monitoring. For as long as the Project is operational, the Council shall have
the right to inspect the operation of the Project during normal business hours upon
reasonable prior notice. Recipient shall make available to the Council any data that is
requested pertaining to performance of the Project.
10. TERMINATION. The IRL Council may terminate this Agreement without cause upon 10 days
written notice. In such event Recipient shall be compensated for all Work performed in
accordance with this Agreement to the effective date of termination. If Recipient materially fails
to fulfill its obligations under this Agreement, including any specific milestones established herein,
the Council shall provide Recipient written notice of the deficiency by forwarding a Notice to Cure,
citing the specific nature of the breach. Recipient shall have thirty (30) days to cure the breach. If
Recipient fails to cure the breach within the thirty (30) day period, the Council shall issue a
Termination for Default Notice and this Agreement shall be terminated upon receipt of said notice.
In such event, Recipient shall refund to the Council all funds provided to Recipient pursuant to this
Agreement within thirty (30) days of such termination. The Council may also terminate this
Agreement upon ten (10) days written notice in the event any of material misrepresentations in the
Project Proposal.
ADDITIONAL PROVISIONS (Alphabetical)
11. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder,
without the Council's prior written consent. Recipient is solely responsible for fulfilling all work
elements in any contracts awarded by Recipient and payment of all monies due. No provision of
this Agreement shall create a contractual relationship between the Council and any of Recipient's
contractors or subcontractors.
12. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS
(a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and
expenditure of the funds provided hereunder are shown separately from other expenditures in a
format that can be easily reviewed. Recipient shall keep the records of receipts and expenditures,
copies of all reports submitted to the Council, and copies of all invoices and supporting
documentation for at least five (5) years after expiration of this Agreement. In accordance with
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Encumbrance# GLOI-1895/GLO1-2205
generally accepted governmental auditing standards, the Council shall have access to and the right
to examine any directly pertinent books and other records involving transactions related to this
Agreement. In the event of an audit, Recipient shall maintain all required records until the audit is
completed and all questions are resolved Recipient will provide proper facilities for access to and
inspection of all required records.
(b) Repayment of Funds. Council funding shall be subj ect to repayment after expiration of this
Agreement if, upon audit examination, the Council finds any of the following: (1) Recipient
has spent funds for purposes other than as provided for herein; (2) Recipient has failed to
perform a continuing obligation of this Agreement; (3) Recipient has received duplicate
funds from the Council for the same purpose; and/or (4) Recipient has received more than
one hundred percent (100%) contributions through cumulative public agency cost -share
funding.
(c) Florida Inspectors General. It is the duty of every state officer, employee, agency,
special district, board, commission, contractor, and subcontractor to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing pursuant to
this section.
13. CIVIL RIGHTS. Pursuant to Chapter 760, Fla. Stat., Recipient shall not discriminate against
any employee or applicant for employment because of race, color, religion, sex, or national
origin, age, handicap, or marital status.
14. COMMUNICATION AND ACKNOWLEDGEMENT OF FUNDING: As a granting agency, the
Council achieves its mission through partnerships with state agencies, local governments, community
organizations, and others. The Council requires Recipient to acknowledge the Council when
describing this project or program funded in whole or in part with Council funds in any ofthe following
products: (1) press releases, speaking engagements, and other public statements; (2) publications and
other documents; (3) websites; (4) visual presentations; (5) resource guides/toolkits; (6) bid
solicitations and/or; (7) social media.
15. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any
issue, discrepancy, or dispute involving performance of this Agreement by submitting a written
statement to the Council's Project Manager no later than ten (10) business days after the
precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the
request to the Council's General Counsel, which shall issue a written decision within ten (10)
business days of receipt. This determination shall constitute final action of the Council and shall
then be subject to judicial review upon completion of the Project.
16. DIVERSITY REPORTING. The Council is committed to the opportunity for diversity in the
performance of all cost-sharing agreements, and encourages Recipient to make a good faith effort
to ensure that women and minority-owned business enterprises (W/MBE) are given the
opportunity for maximum participation as contractors. The Council will assist Recipient by
sharing information on W/MBEs. Recipient shall provide with each invoice a report describing:
(1) the company names for all W/MBEs; (2) the type of minority, and (3) the amounts spent with
each during the invoicing period. The report will also denote if there were no W/MBE
expenditures.
17. ENTIRETY OF CONTRACTUAL AGREEMENT; AMENDMENT. The Council and the
Recipient agree that this Agreement (including all exhibits, attachments, etc.) sets forth the
entire contract between the parties, and that there are no promises or understandings other than
those stated in these documents. None of the provisions, terms and conditions contained in this
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Encumbrance# GLO1-I895/GLO1-2205
Agreement may be added to, modified or otherwise altered, except by written instrument
executed by the parties hereto.
18. E -VERIFY. Pursuant to Section 448.095(2), Florida Statutes, beginning on January 1, 2021,
the Recipient shall:
(a) Register with and use the E -Verify system to verify the work authorization status of all
newly hired employees and require all subcontractors (providing services or receiving
funding under this Agreement) to register with and use the E -Verify system to verify
the work authorization status of all the subcontractors' newly hired employees;
(b) Secure an affidavit from all subcontractors (providing services or receiving funding
under this Agreement) stating that the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien;
(c) Maintain copies of all subcontractor affidavits for the duration of this Agreement;
(d) Comply fully, and ensure all of its subcontractors comply fully, with Section 448.095,
Florida Statutes;
(e) Be aware that a violation of Section 448.09, Florida Statutes (Unauthorized aliens;
employment prohibited) shall be grounds for termination of this Agreement; and
(f) Be aware that if the Council terminates this Agreement under Section 448.095(2)(c),
Florida Statutes, the Recipient may not be awarded a public contract for at least 1 year
after the date on which the Agreement is terminated and will be liable for any
additional costs incurred by the Recipient as a result of the termination of the
Agreement.
19. FLORIDA SINGLE AUDIT ACT
(a) Applicability. The Florida Single Audit Act (FSAA), section 215.97, Fla. Stat., applies to
all sub -recipients of state financial assistance, as defined in section 215.97(1)(q), Fla. Stat.,
awarded by the Council through a project or program that is funded, in whole or in part,
through state financial assistance to the Council. In the event Recipient expends a total
amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of
such Recipient, Recipient must have a state single or project -specific audit for such fiscal
year in accordance with section 215.97, Fla. Stat.; applicable rules of the Department of
Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
and for-profit organizations), Rules of the Auditor General. In determining the state
financial assistance expended in its fiscal year, Recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Council, other
state agencies, and other non -state entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a non -state entity for
Federal program matching requirements. Recipient is solely responsible for complying
with the FSAA.
If Recipient expends less than $750,000 in state financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of section 215.97, Fla. Stat., is not
required. In such event, should Recipient elect to have an audit conducted in accordance
with section 215.97, Fla. Stat., the cost of the audit must be paid from the non -state entity's
resources (i.e., Recipient's resources obtained from other than State entities).
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(b) Additional Information. For information regarding the state program under the above
CSFA number, Recipient should access the Florida Single Audit Act website located
at https://apps.fldfs.com/fsaa/catalog.aspx for assistance. The following websites may be
accessed for additional information: Legislature's Website at http://www.leg.state.fl.us/,
State of Florida's website at http://myflorida.com, District of Financial Services' Website
at http://www.fldfs.com/ and the Auditor General's Website
at http://www.myflorida.com/audgen/.
(c) Allowable Costs. Recipient may only charge allowable costs to this Agreement, as
otherwise provided herein in Attachment C. Any balance of unobligated cash that have
been advanced or paid that is not authorized to be retained for direct program costs in a
subsequent period must be returned to the Council.
(d) Audit Requirements. Recipient shall ensure that the audit complies with the requirements
of section 215.97(7), Fla. Stat. This includes submission of a financial reporting package
as defined by section 215.97(2), Fla. Stat., and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General. Recipient shall comply with the program requirements described in the Florida
Catalog of State Financial Assistance (CSFA) [https:Happs.fldfs.com/fsaa/catalog.aspx].
The services/purposes for which the funds are to be used are included in the Statement of
Work.
(e) Financial Reporting. Recipient shall provide the Council with a copy of any reports,
management letters, or other information required to be submitted in accordance with
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable, no more than 20 days after its
preparation. Recipient shall indicate the date the reporting package was delivered
to Recipient in correspondence accompanying the reporting package. This information
shall be directed to: IRL Council, Mr. Daniel Kolodny, Chief Operating Officer, 1235 Main
Street, Sebastian, FL 32958. A copy of the report shall also be provided to the Auditor
General's Office at the following address: State of Florida Auditor General, Room 401,
Claude Pepper Building, 111 West Madison Street, Tallahassee, Florida 32399-1450.
(f) Monitoring. In addition to reviews of audits conducted in accordance with section 215.97,
Fla. Stat., as revised, monitoring procedures may include, but not be limited to, on-site
visits by Council staff, limited scope audits, and/or other procedures. Recipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by
the Council. In the event the Council determines that a limited scope audit of Recipient is
appropriate, Recipient agrees to comply with any additional instructions provided by the
Council to Recipient regarding such audit. Recipient agrees to comply and cooperate with
any inspections, reviews, investigations, or audits deemed necessary by the Council's
Independent Financial Auditor or the state Chief Financial Officer or Auditor General.
(g) Examination of Records. In addition to the Council's audit rights otherwise provided for
herein, Recipient shall permit the Council or its designated agent, the state awarding
agency, the Department of Financial Services, the state's Chief Financial Officer and the
state's Auditor General to examine Recipient's financial and non-financial records to the
extent necessary to monitor Recipient's use of state financial assistance and to determine
whether timely and appropriate corrective actions have been taken with respect to audit
findings and recommendations, which may include onsite visits and limited scope audits.
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(h) Records Retention. Notwithstanding any other provision of this Agreement to the
contrary, Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five (5) years from the date the audit report is
issued, and shall allow the Council, or its designee, state Chief Financial Officer, or Auditor
General access to such records upon request. Recipient shall ensure that audit working
papers are made available for such access for a period of three years from the date the audit
report is issued, unless extended in writing by the Council.
20. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY
TRIAL; REMEDY. This Agreement shall be construed according to the laws of Florida and
shall not be construed more strictly against one party than against the other because it may have
been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of
any legal proceedings arising from or related to this Agreement: (1) venue for any state or
federal legal proceedings shall be in Indian River County; (2) each party shall bear its own
attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by
the court and WAIVE THE RIGHT TO JURY TRIAL; (4) no remedy herein conferred upon
any party is intended to be exclusive of any other remedy, and each and every such remedy shall
be cumulative and shall be in addition to every other remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by
any party of any right, power, or remedy hereunder shall preclude any other or further exercise
thereof.
21. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are
independent entities and not employees or agents of each other. Nothing in this Agreement shall
be interpreted to establish any relationship other than that of independent entities during and after
the term of this Agreement. Recipient is not a contractor of the Council. The Council is providing
cost -share funding as a cooperating governmental entity to assist Recipient in accomplishing the
Project. Recipient is solely responsible for accomplishing the Project and directs the means and
methods by which the Project is accomplished. Recipient is solely responsible for compliance with
all labor, health insurance, and tax laws pertaining to Recipient, its officers, agents, and employees.
22. INTEREST OF RECIPIENT. Recipient certifies that no officer, agent, or employee of the
Council has any material interest, as defined in Chapter 112, Fla. Stat., either directly or indirectly,
in the business of Recipient to be conducted hereby, and that no such person shall have any such
interest at any time during the term of this Agreement.
23. NON -LOBBYING. Pursuant to Section 216.347, Fla. Stat., as amended, Recipient agrees that funds
received from the Council under this Agreement shall not be used for the purpose of lobbying the
Legislature or any other state agency.
24. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations
in implementing the Project and shall include this requirement in all subcontracts pertaining to the
Project. Recipient shall obtain any and all governmental permits necessary to implement the Project.
Any activity not properly permitted prior to implementation or completed without proper permits does
not comply with this Agreement and shall not be approved for cost- share funding.
25. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a public entity; may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
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contract with any public entity; and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO
($35,000) for a period of 36 months following the date of being placed on the convicted vendor
list.
26. PUBLIC RECORDS.
(a) Records of Recipient that are made or received in the course of performance of the
Project may be public records that are subject to the requirements of chapter 119, Fla.
Stat. If Recipient receives a public records request, Recipient shall promptly notify the
Council's Project Manager. Each party reserves the right to cancel this Agreement for
refusal by the other party to allow public access to all documents, papers, letters, or other
material related hereto and subject to the provisions of chapter 119, Fla. Stat., as
amended.
(b) IF RECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE RECIPIENTS'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
COUNCIL'S CUSTODIAN OF PUBLIC RECORDS AT (772)
216-71489 KOLODNY(-),IRLCOUNCIL.ORG, 1235 MAIN
STREET, SEBASTIAN, FLORIDA 32958.
(c) Recipient shall keep and maintain public records required by the Council to perform the
Project.
(d) Upon request from the Council's custodian of public records, Recipient shall provide the
Council with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law.
(e) Recipient shall ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does
not transfer the records to the Council.
(f) Upon completion of the contract, Recipient may transfer, at no cost, to the Council all public
records in possession of the Recipient or keep and maintain public records required by the
Council to perform the service. If the Recipient transfers all public records to the Council
upon completion of the contract, the Recipient shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If
the Recipient keeps and maintains public records upon completion of the contract, the
Recipient shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the Council, upon request from the Council's
custodian of public records, in a format that is compatible with the information technology
systems of the Council.
27. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its
information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent
and license fees necessary for performance of the Project and shall defend all suits or claims for
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infringement of any patent rights and save and hold the Council harmless from loss to the extent
allowed by Florida law.
28. SEVERABILITY; SURVIVABILITY; WAIVER
(a) If any term or provision of the Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of
the Agreement, or the application of such terms or provision, to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected, and every other term and provision of the Agreement shall be deemed
valid and enforceable to the extent permitted by law.
(b) Any provision of the Agreement which is of a continuing nature or imposes an
obligation which extends beyond the term of the Agreement shall survive its
expiration or earlier termination.
(c) Failure of either party to enforce or exercise any right(s) under this Agreement shall
not be deemed a waiver of either party's right to enforce or exercise said right(s) at
any time thereafter.
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IN WITNESS WHEREOF, the Parties have executed on the day and year written below. This
Agreement may be executed in separate counterparts, which shall not affect its validity.
IRL COUNCIL
INDIAN RIVER COUNTY
By: By:
Duane E. De Freese, Ph.D., Executive Director
Date:
APPROVED BY THE IRL
GENERAL COUNSEL
Glen J. Torcivia, General Counsel
ATTACHMENTS
Typed Name and Title
Date:
Attest:
Typed Name and Title
Attachment A — Statement of Work
Attachment B — Council Supplemental Instruction Form
Attachment C — Contract Payment Requirements for State -Funded Cost Reimbursement Contracts
Attachment D — Volunteer Release of Liability and Sign-up Sheets
Cost -share: Agency general
Last updated: 3-16-20
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ATTACHMENT A — STATEMENT OF WORK
I. PROJECT TITLE:
Phase 4 Restoration for the Lost Tree Islands Conservation Area (LTICA) — Earman Island
II. INTRODUCTIONBACKGROUND:
The Lost Tree Islands form part of the 508 -acre Lost Tree Island Conservation Area (LTICA) that
includes upland, wetland and submerged land forms. This conservation area is located in the central
portion of the County's section of the IRL. The northern section of the LTICA lies within the Indian
River Malabar to Vero Beach State Aquatic Preserve. Mapping from 1883 shows that the larger
islands and the wetlands within the LTICA were formed through natural processes. Dredging of the
nearby Intra -Coastal Waterway resulted in the deposition of spoil on all three islands. These past
management activities have significantly affected the composition of the plant communities on the
three larger islands (Duck Head Island — 60.4 Acres; Joe Earman Island — 68.6 Acres; and Hog's
Head Island — 48.4 Acres). The placement of spoil altered the topography and removed any wetland
communities that were within the interior potions of the islands. Additionally, much of the native
vegetation on the islands has been out -competed by non-native invasive species such as Australian
pines (Casuarina equisetifolia) and Brazilian pepper (Schinus terebinthifolius).
The islands are approximately 0.75 miles north of the Merrill Barber bridge, in Vero Beach. In 2002
the Town of Indian River Shores and the City of Vero Beach entered into an interlocal agreement
with the County for the purchase and maintenance of the site. The conservation area was purchased
in 2003 with funds from the Florida Communities Trust. The LTICA is the second largest public -
owned island system that is protected in Indian River County, and includes more than 10 miles of
shoreline habitat.
Three wetland mitigation projects have been permitted on the three largest islands to date. The first
project is located on the northern end of Joe Earman Island. This project was permitted and designed
as a coastal wetland mitigation project. The project plan involved clearing Australian pine and
Brazilian pepper from the northern end of the island, and allowing native wetland vegetation to
recruit on-site. Maintenance activities were limited to eliminating seedling Australian pine and
Brazilian pepper, as well as other nuisance native species. Desirable wetland vegetation immediately
colonized the shoreline areas, and the wetlands exceeded 90% cover by desirable species within
three years of construction.
The two other mitigation projects were constructed on the northern end of Duck Head Island between
2008 and 2011. These projects mulched the Brazilian pepper and smaller Australian pines in place.
The aerial photograph to the left shows the northern portions of Duck Head & Earman islands where
mitigation was completed. The Duck Head plan included re -grading to create submergent and
emergent wetlands, and upland hammock.
The project site was vegetated using a combination of planted nursery stock and natural recruitment.
Desirable cover of vegetation was achieved on this site within 3-5 years (the longer duration for
upland communities). The challenges and successes that the County experienced through the
implementation of these projects provide a solid basis for the design of a comprehensive plan for
restoration of the larger islands.
In 2019, Indian River County received a grant from the Indian River Lagoon Council (IRLC) to
partially fund the design of a restoration plan for the three large islands within the LTICA. The
County worked with an engineering consultant to develop the design plans. As part of the IRLC
grant, several meetings with stakeholders, regulatory personnel, and the public were held to solicit
feedback on the restoration design. In early 2022 the design will be submitted to obtain required
permits for construction.
Phase 4 of the LTICA restoration includes the mechanical treatment of exotics within uplands on
Earman Island. This work is planned to begin in late 2022, and will be completed by a contractor
experienced with
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work on the LTICA (i.e. mulching the cut lines through all three islands for subsequent topographic
survey). In addition. Phase 4 includes the re -vegetation of approximately 13.7 within the upland
portions of Earman Island that have been cleared of exotics. The re -vegetation will create a mixture
of transitional grass/shrub areas, as well as increased species diversity within areas that have a sparse
canopy of live oaks. As a final step in this phase of the project, the exotic species within fringing
mangrove wetlands will be treated.
III. PROJECT VALUE PROPOSITION STATEMENT:
The project objectives for design of the LTICA habitat enhancement plan are briefly summarized
as follows:
• Site design that is resilient and versatile, and by its nature will be adaptable during extreme
weather events and climate change.
• Water quality benefits through creation and enhancement of wetland communities.
• Establishment of endemic habitat, including, but not limited to:
o High marsh habitat which is a rare resource in Indian River County.
o Strategically located mangrove wetlands.
o Maritime hammock habitat.
o Salt flats and open sandy beaches for shorebird nesting.
o Seagrass habitat (based on appropriateness and feasibility).
o Oyster reefs (based on appropriateness and feasibility).
o Expanded nursery areas for fish and invertebrates
• Incorporation of innovative, low maintenance elements for shoreline stabilization.
• Incorporation of green technologies where appropriate and feasible.
• Provide for educational engagement on the ecological issues facing the Lagoon.
• Provide passive recreational opportunities that promote ecotourism, educational awareness,
local responsibility and facilitates informed community input.
• Minimization of mosquito production.
• Elimination of nuisance and exotic plant species such as Australian pine and Brazilian
pepper.
• Minimization of long-term maintenance, management, and capital costs.
The LTICA project incorporates elements of many of the IRLC Vital signs, including: (a)
enhancing existing wetlands by removing exotic species, and creating a wetland -upland transition
by removing exotics and revegetating areas landward of the mangroves; (b) implementing spoil
island habitat restoration and enhancement, and integrating public access to these areas (c)
maximizing biodiversity, resiliency and sustainability for the site; (d) providing diverse habitat for
listed/non-listed species; (e) installation of public education materials, and community involvement
work days on the LTICA, and (f) providing information to the public about issues facing the
Lagoon and the measures underway to enhance conditions.
IV. LOCATION OF PROJECT:
As shown on the Location Map, the 508 -acre site is located in Indian River County at 27°40'21.86"N
& 80022'42.60"W in the Central IRL. The islands are approximately 0.75 miles north of the Merrill
Barber to the barrier island.
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V. SCOPE OF WORK (Outputs/Deliverables):
A. Mechanical Treatment of Non-native Vegetation:
As part of the IRLC Grant process, the County retained a contractor to cut survey lines throughout
all three islands to expedite the collection of topographic data. These survey lines traversed the
islands from north to south, and east to west. The lines varied in width from 12 feet to over twenty
feet. Equipment was barged to the islands as part of this work.
The contractor used for this mowing has been retained to complete the Phase 1 work on Duck
Head Island. The proposed cost for the mechanical clearing of Duck Head Island was used as an
estimate for completing similar work for Phase 4 of the Earman restoration project. The Duck
Head mowing was completed in May 2022. The machinery was barged to Earman Island in early
June 2022, and mowing has been initiated. The equipment used is able to do broadcast clearing, as
well as precision clearing in, and around, native trees and vegetation. Once complete, the area will
have a layer of mulch (ground to a level suitable for planting, as applicable) that will help keep
moisture around the base of installed plant materials. The proposed schedule for this work is
presented in Section VII.
B. Site Maintenance:
As shown on the proposed project schedule, there will be a period between when the mechanical
clearing is completed and planting is initiated. During these months, County staff will complete
monthly inspections to treat re -growth of opportunistic non-native vegetation. This treatment
period will reduce the effort required for follow-up treatments once these areas are re -vegetated
with native plants.
C. Procurement of Plant Materials:
The proposed planting scheme is depicted in Section II, and shows the approximate location of the
areas to be planted, as well as tables outlining the species, sizes, and quantities of materials to be
installed. The County plans to initiate the procurement of the plant material in early 2023 to allow
for the selected contractor to procure the required plant materials and prepare for installation. The
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procurement documents include specifications for the planting work. The specifications have been
created based on Section 580 (Landscape Installation) of the standard Florida Department of
Transportation (FDOT) bidding documents.
D. Mobilization & Installation of Plant Materials
Mobilization and installation of the vegetation is planned to occur in June 2023. The timing of the
plant installation will be beneficial to the survivorship of the materials, assuming that the 2023 wet
season experiences typical rainfall events. The timeline for the project per this grant shows that the
planting work is anticipated to be completed by mid-July 2023. This early completion date allows
for the County and the Contractor to work around any unanticipated events, such as hurricanes or
delays in mobilization, and complete the installation within the grant period. The completion date
is flexible based on mobilization requirements, and any other events. The agreement with the
planting contractor provides for a six-month guarantee for the survivorship of the planted materials
from initial acceptance by the County. Maintenance of the planted materials during the guarantee
period will be the responsibility of Contractor; County staff will be maintaining the surrounding
areas to control the re -growth of non-native vegetation.
E. Community Engagement Events
Studies have shown that there is a clear link between environmental education programming and
improvement in academic performance, critical thinking skills, personal growth and life -building
skills in children aged K through 12. In addition, a number of the studies have shown that
environmental education increased civic engagement and positive environmental behaviors'. To
this end, the County plans to conduct two environmental education/community engagement efforts
as part of this grant. Two organized events will be coordinated with local schools, special interest
groups, as well as municipal partners and other County Departments.
Spoil islands are known to have issues with accumulated waste and debris. Boaters anchor near the
shallow areas adjacent to the islands and often leave behind picnic waste and other items.
Additionally, items are blown of fall off boats in the IRL, and this material ends up piled within
mangrove prop roots, or further ashore depending on high tide events and periodic storms.
The County plans to arrange for clean-up days to remove debris from all three of the large islands
within the LTICA. The events will include a brief introduction to the issues facing the IRL and the
goals and objectives of the LTICA project. Small groups will then be organized to traverse the
perimeter and inland areas of the islands to collect the waste materials. The County will coordinate
with the Solid Waste Disposal District and boating organizations to move the debris for safe
disposal at the County's landfill.
I =Nicole M. Ardoinhttps://orcidorg/0000-0002-3290-8211, Alison W. Bowers, Noelle Wyman Roth & Nicole Holthuis
(2018) Environmental education and K-12 student outcomes: A review and analysis of research, The .journal of
Environmental Education, 49:1, 1-17, DOL 10.1080/00958964.2017.1366155
F. Monitoring & Preparation of Status Reports
Upon completion of the planting, County staff will conduct monthly monitoring of the restoration
areas to collect photographic data, and to identify any site maintenance required. Additional
monitoring will occur in conjunction with the planned clean-up events.
The County will prepare and submit quarterly progress reports after the first quarter following
contract execution and continuing to project completion. These reports will summarize the status of
design efforts, as well as providing a description of regulatory and stakeholder meeting completed.
The County will complete 100% of the project and will submit a project final report. The final
report will provide a detailed summary of the planting work, including photographs of the restored
areas.
VI. PROJECT TASK IDENTIFICATION:
Indian River County shall complete the following tasks:
• Task 1. Mechanical Treatment of Exotics: The County will arrange for a contractor to
mechanically remove the exotic vegetation within the proposed areas to be planted. This
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work will be initiated prior to the execution of the grant agreement and is not part of the
proposed IRLNEP funding.
• Task 2. Treatment of Vegetation Re -growth: The County will inspect and spot treat areas
where exotic or nuisance species have recruited into the mulched areas. These treatments
will continue through the planting and perpetual maintenance of the site.
• Task 3. Prepare Documents and Bid Re -vegetation Effort: The County will prepare
procurement documents and obtain bids for the planting of the mulched areas. The bid
documents will require that the contractor provide a guarantee period for all installed
materials.
• Task 4. Mobilization of Planting and Plant Installation: The contractor will be required to
contract grow any materials that are not readily available for planting. The County desires
that the planting occur in the wet season, which would facilitate the natural growth of the
installed plants. The contractor will be required to submit a proposed schedule for
planting with their bid. This task also includes the installation of the plant materials on the
Earman island site.
• Task 5. Inspection of Planted Materials: The County will inspect the installed materials on
an established schedule to verify that plant materials are thriving, and that any damaged
or dead materials are replaced at the contractor expense during the guarantee period.
• Task 6. Volunteer Clean -Up Events: The County will arrange up to 2 volunteer clean-up
events on the LTICA to clear planted areas of debris, and to raise awareness about the
need to control litter in the IRL.
• Task 7. Quarterly Progress Reports: The County will prepare and submit quarterly
progress reports after the first quarter following contract execution and continuing to
project completion. These reports will summarize the status of enhancement efforts,
including a narrative description of work completed and accompanying photographs.
• Task 8. Project Administration and Final Report: The County will submit a project final
report. The final report will provide a summary of the enhancement effort and
accompanying photographs and other required information.
VII. TIME FRAMES and DELIVERABLES:
• Task 1: Mechanical Treatment of Exotics (6/13/2022-8/12/2022)
Deliverable: Summary of activities completed in first quarter Report.
Deliverable Due: 1/31/2023
• Task 2: Treatment of Vegetation Re -growth (8/1/2022-9/30/2023)
Deliverable: Summary of activities to be included in quarterly reports and final
report.
Deliverable Due: 1/31/2023, 4/30/2023, 7/31/2023, and 9/30/2023
• Task 3: Prepare documents and bid -vegetation effort (12/5/2022-1/30/2023)
Deliverable: Bid documents
Deliverable Due: 4/30/2023
• Task 4: Mobilization of Planting and Plant Installation (6/6/2023-7/8/2023)
Deliverable: Installation Report summarizing the number of plants planted, and 2
high resolution photos of completed effort.
Deliverable Due: 7/31/2023
• Task 5: Inspection of Planted Materials (7/8/2023-9/29/2023)
Deliverable: Monitoring/Inspection Results to be included in Final Report
Deliverable Due: 9/30/2023
• Task 6: Volunteer Clean-up Events (1/28/2023-8/26/2023)
Deliverable: Summary of Events to be included in Final Report and copies of all
signed volunteer forms.
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Deliverable Due: 9/30/2023
Task 7: Preparation of Quarterly Reports (12/20/2022-7/31/2022)
Deliverable: Quarterly Reports that includes Council's Quarterly Report Cover
Page.
Deliverables Due: 1/31/2023, 4/30/2023, and 7/31/2023
Task 8: Preparation of Final Report (9/19/2023-9/30/2023)
Deliverable: A Final Project Report that summarizes all Tasks and Includes
Council's Final Project Executive Summary Cover Page. Two (2) high resolution
photos of completed project.
Deliverable Due: 9/30/2023
VIII. BUDGET:
Task line
Deliverable
IRLNEP
Cost Share
Cost Share Funding
Item
Funding
Funding
Source (In-kind or
Amount
Amount
Cash)
1
Mechanical Clearing of
$0
$85,000
IRC (Cash)
Exotic Vegetation
2
Treatment of Exotic
$0
$1,538.56
IRC (In-kind)
Re -growth
3
Prepare documents ad
$0
$0
N/A
solicit bids
4
Mobilization and
$50,000
$76,900
IRC (Cash)
installation of plant
materials (includes
plantguarantee)
5
Inspection of Planted
$0
$0
N/A
Materials
6
Volunteer Clean-up
$0
$1,788.56
IRC (in-kind)
Efforts
7
Quarterly Progress
$0
$401.96
IRC (In-kind)
Reports
8
Project Administration
$0
$175
IRC (In-kind)
and Preparation of
Final Report
Summary Cost
$50,000
$165,804
Project total cost
$215,804
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Encumbrance# GLO1-1895/GLO1-2205
ATTACHMENT B — COUNCIL'S SUPPLEMENTAL INSTRUCTIONS (sample)
COUNCIL SUPPLEMENTAL INSTRUCTIONS #
DATE:
Mel
FROM: , Project Manager
CONTRACT/PURCHASE ORDER NUMBER:
CONTRACT TITLE:
The Work shall be carried out in accordance with the following supplemental instruction issued in accordance
with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in
accordance with these instructions, indicate your acceptance of these instructions for minor changes to the work
as consistent with the Contract Documents and return to the Council's Project Manager.
1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS:
2. DESCRIPTION OF WORK TO BE CHANGED:
DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS:
Contractor's approval: (choose one of the items below):
Approved: Date:
(It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion
Date.)
Approved: Date:
(Contractor agrees to implement the Supplemental Instructions as requested but reserves the right to seek a
Change Order in accordance with the requirements of the Agreement.)
Approved: Date:
Council Project Manager
Acknowledged: Date:
Council Contracts Administrator
cc: Contract/Purchasing file
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Contract# IRL2022-07
Encumbrance# GLO1-I895/GLO1-2205
ATTACHMENT - C
CONTRACT PAYMENT REQUIREMENTS FOR
STATE -FUNDED COST REIMBURSEMENT CONTRACTS
Invoices for state -funded cost reimbursement contracts must be supported by an itemized listing of
expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for
each amount for which reimbursement is being claimed, indicating that the item has been paid. Check
numbers may be provided in lieu of copies of actual checks. Each piece of documentation shall clearly
reflect the dates of service. Only expenditures for categories in the approved contract budget will be
reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements by cost
category:
Salaries: Submit a payroll register or similar documentation showing gross salary charges,
fringe benefits, other deductions, and net pay. If an individual is paid by the hour, a
document reflecting the hours worked times the rate of pay is acceptable.
Fringe Benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf
of the employee (e.g., insurance premiums paid). If the contract specifically states
that fringe benefits will be based on a specified percentage, rather than the actual
cost of fringe benefits, then the calculation for the fringe benefits amount must be
shown.
Exception: Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
Travel: Reimbursement for travel must be in accordance with section 112.061, Florida
Statutes, which includes submission of the claim on the approved State of Florida
(State) or Council travel voucher.
Other direct costs: Reimbursement is based upon paid invoices/receipts. If nonexpendable property is
purchased using State funds, the contract should include a provision for the transfer
of the property to the State when services are terminated. Documentation must be
provided to show compliance with Department of Management Services Rule 60A-
1.017, Florida Administrative Code, regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in section 273.02, Florida Statutes, for subsequent transfer to
the State.
In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,
then the calculation should be shown.
The "Reference Guide for State Expenditures" prepared by the Florida Department of Financial Services
can be found at this web address: http://www.fldfs.com/aadir/reference guide.htm
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Contract# IRL2022-07
Encumbrance# GLO1-1895/GLO1-2205
ATTACHMENT D —
INDIAN RIVER COUNTY
Volunteer Sign-up and Release of Liability Form
To be signed by all persons engaging in volunteer activities on the date of the activity
Date: ; Project:
By my signature below, I acknowledge I am over the age of 18, and acknowledge and
agree to the following:
(1) I certify that I have no medical conditions or restrictions that would prohibit
me from acting as a volunteer. INDIAN RIVER COUNTY ("IRC") and the
IRL Council ("COUNCIL") do not assume any responsibility for evaluating my
medical condition or determining my fitness to perform volunteer activities. I
must comply with all IRC and COUNCIL policies and regulations, including
safety guidelines.
(2) I am not a volunteer for the COUNCIL, and I am not an employee of IRC or
the COUNCIL. At all times I am acting as an unpaid, independent volunteer,
and as such, am not entitled to any provision of law regarding IRC or
COUNCIL employment; nor any laws relating to hours of work, rates of
compensation, leave time or employee benefits.
(3) I recognize and understand that I am at all times responsible for my own safety
and the safety of others, and that in performing volunteer activities I may
encounter natural or other hazards. I assume the risk of any such hazards and
recognize that I am responsible for staying alert as to potential hazards and
taking appropriate steps, including discontinuing any activities that involve a
risk of bodily harm.
(4) I understand that I am volunteering for a project under the sole operation and
control of the IRC. The Council is merely a funding entity and has no control
over the conditions, tasks, or methods by which the volunteer activities are
conducted.
(4) I hereby hold and save IRC and the COUNCIL, its directors, officers, employees
and representatives, harmless from, and agree to indemnify same against, any
and all claims and losses that may be made by me or my heirs, spouse, or other
persons, for personal injury, loss of life, or property damage that may result
from my participation as a volunteer. This waiver and indemnity obligation
include claims based upon my partial or sole negligence or that of IRC and
COUNCIL.
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Contract# IRL2022-07
Encumbrance#
GLO1-1895/GLO1-2205
IRC Volunteer Sign-up and Release of Liability Form —page two
NAME
ADDRESS
HOURS
DATE(S)
(signature)
(Address)
(hours)
(dates)
(print name)
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(Address)
(hours)
(dates)
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(Address)
(hours)
(dates)
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(signature)
(Address)
(hours)
(dates)
(print name)
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(Address)
(hours)
(dates)
(print name)
(signature)
(Address)
(hours)
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(Address)
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(Address)
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(signature)
(Address)
(hours)
(dates)
(print name)
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Contract# IRL2022-07
Encumbrance# GLO1-1895/GLO1-2205
INDIANRIVER COUNTY
Minor Volunteer Sign-up and Release of Liability Form
To be signed by a parent/natural guardian whose minor child is engaging in volunteer activities
on the date of the activity, excluding classroom volunteer activities
Date: ; Project:
READ THIS FORM COMPLETELY AND CAREFULLY. YOU
ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A
POTENTIALLY DANGEROUS ACTIVITY. YOU ARE
AGREEING THAT, EVEN IF INDIAN RIVER COUNTY ("IRC")
AND THE IRL COUNCIL ("COUNCIL") USES REASONABLE
CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE
YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY
PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE
CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH
CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS
FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND
YOUR RIGHT TO RECOVER FROM IRC AND THE COUNCIL
IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING
DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE
THAT RESULTS FROM THE RISKS THAT ARE A NATURAL
PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO
REFUSE TO SIGN THIS FORM, AND IRC AND THE COUNCIL
HAS THE RIGHT TO REFUSE TO LET YOUR CHILD
PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
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Contract# IRL2022-07
Encumbrance# GLO1-1895/GLO1-2205
By my signature below, I, , parent and natural guardian of
, acknowledge and agree to the following:
(1) I certify that my child has no medical conditions or restrictions that would prohibit him/her
from acting as a volunteer. IRC and the IRL Council ("COUNCIL") do not assume any
responsibility for evaluating his/her medical condition or determining his/her fitness to
perform volunteer activities. I understand my child is expected to comply with all IRC and
COUNCIL policies and regulations, including safety guidelines.
(2) I recognize that my child is not a volunteer for the COUNCIL and is not an employee of
IRC or the COUNCIL. At all times he/she is acting as an unpaid, independent volunteer,
and as such, is not entitled to any provision of law regarding IRC or COUNCIL
employment; nor any laws relating to hours of work, rates of compensation, leave time or
employee benefits.
(3) I recognize and understand that my child is at all times responsible for his/her own safety
and the safety of others, and that in performing volunteer activities he/she may encounter
natural or other hazards. I understand that I assume the risk of any such hazards and
recognize that my child is responsible for staying alert as to potential hazards and taking
appropriate steps, including discontinuing any activities that involve a risk of bodily harm.
(4) I am over the age of 18 and my child is under the age of 18. As parent/natural guardian of
my child, I hereby knowingly, freely, and voluntarily forever remise, release, acquit,
discharge and forever hold and save IRC and the COUNCIL, and each of their directors,
officers, employees, agents, contractors and representatives, harmless from, and agree to
indemnify same against, any and all claims and losses that may be made by me or my heirs,
spouse, or other persons, from all manner of actions, causes of action, suits, debts, dues,
sums of money, covenants, contracts, liability, judgments, executions, claims, costs,
attorney's fees, demands, damages, and liabilities, whatsoever, in law, equity, or otherwise,
including, but not limited to, personal injury, loss of life, or property damage that may result
from my child's participation as a volunteer including, but not limited to, providing
emergency services or emergency medical care. This waiver and indemnity obligation
include claims based upon my partial or sole negligence or that of IRC and the COUNCIL.
Nothing contained herein shall be construed or interpreted as a waiver of sovereign
immunity of the State of Florida.
Signature of Parent/Natural Guardian
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INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Indian River County Board of County Commissioners
VIA: Jason E. Brown, County Administrator
FROM: Dan Russell, Information Technology Director
SUBJECT: TIGR Acquisitions III, LLC — Easement, 1725 171h Avenue, Vero Beach, FL
DATE: July 12, 2022
BACKGROUND:
On October 12, 2021, the Indian River County Board of County Commissioners approved staff to
proceed with the sale of a County owned communications tower, located at 1340 Old Dixie Highway,
Vero Beach, FL, to TIGR Acquisitions III, LLC and authorized staff to work with TIGR Acquisitions
III, LLC to prepare the transactional documents required to complete the sale.
ANALYSIS
During the review of the purchase and sale agreement for the tower located at 1340 Old Dixie
Highway, staff noted a potential conflict in the Non -Competition section of the purchase and sale
agreement. This section was originally worded as follows:
" For the ten (10) year period commencing on the Closing Date through and including the tenth (10th)
anniversary of the Closing Date (the "Restricted Period"), neither Seller nor any of its Affiliates (and
Seller will ensure that none of their respective members of senior management) will, directly or
indirectly, own or operate (whether as owner, partner, officer, director, employee, investor, lender or
otherwise) any telecommunications tower or site that is located within a one (1) mile radius of the
Site."
The County has an indirect interest in a communications tower, owned by Datapath Tower, LLC and
located at 1723 17th Avenue, Vero Beach, FL, which is approximately .8 miles from the 1340 Old
Dixie Highway site.
In order to mitigate the competition concerns expressed by TIGR Acquisitions III, LLC, relative to
their purchase of the 1340 Old Dixie Tower, staff has negotiated rewording Non -Competition section
of the purchase and sale agreement for the tower located at 1340 Old Dixie Highway as follows:
"For the ten (10) year period commencing on the Closing Date through and including the tenth (10th)
anniversary of the Closing Date (the "Restricted Period"), neither Seller nor any of its Affiliates (and
Seller will ensure that none of their respective members of senior management) will, directly or
indirectly, own or operate (whether as owner, partner, officer, director, employee, investor, lender or
otherwise) any telecommunications tower or site that is located within a one (1) mile radius of the
Site, excepting from such geographic scope any site currently owned, managed, leased, licensed,
pending approval or lease, or operated by Seller as of the Closing Date in the attached Schedule
1(c), Existing Tower Sites."
Use of this revised verbiage in the agreement is conditioned upon the County's agreement to sell
TIGR Acquisition III, LLC an exclusive Easement (described as a twenty (20) foot wide easement
surrounding the north and east sides of that certain Utility Equipment and Landscape Easerrj�
dated July 17, 2018 between Indian River County and Datapath Tower, LLC recorded in Book 3162,
Page 1416 of the Public Records of Indian River County, FL) together with a Springing Easement
that will encompass the entire area of the Utility Equipment and Landscape Easement in the event
that the Utility Equipment and Landscape Easement is terminated by Datapath Tower, LLC. In the
event of a termination by Datapath Tower, LLC, then the "Springing Easement" shall be granted by
Indian River County to TIGR Acquisitions III, LLC simultaneously with such termination. Thereafter,
the Springing Easement shall be a part of and' included in all references to the Easement granted to
TIGR Acquisitions III, LLC.
FUNDING
In return for granting the Easement together with the Springing Easement TIGR Acquisitions III, LLC
is prepared to pay the County a lump sum amount of $75,000 and a 50% revenue share for all future
collocation agreements associated with the tower, located at 1723 17th Avenue.
All funds associated with this transaction will be deposited into the General Fund/Radio Tower Rents
account 001038-362011.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the sale of the Easement and
the associated Springing Easement to TIGR Acquisitions, LLC. Staff further recommends that the
Board authorize the County Administrator to execute the purchase and sale agreement and the other
transactional documents which will be part of the closing process for this property following the
completion of the due diligence period and after the County Attorney has approved them as to form
and legal sufficiency.
ATTACHMENTS
1725 17th Ave n ue—Ease me nt—Ag reeme nt_2022.07.06_CIean.pdf
DISTRIBUTION
Dylan Reingold — County Attorney
Kristin Daniels — Director, Office of Management and Budget
Elissa Nagy — Director, Finance
Randy King — Information Systems & Telecommunications Manager
190
Record and Return to:
Jon L. Lober
TIGR Acquisitions III, LLC
1170 Peachtree Street, Suite 1650
Atlanta, GA 30309
Prepared by:
Jon L. Lober
TIGR Acquisitions III, LLC
1170 Peachtree Street, Suite 1650
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
EASEMENT AGREEMENT
This easement agreement ("Agreement") is made and shall be effective on the _ day of ,
2022 ("Effective Date"), by and between Indian River County, Florida, a political subdivision of the State
of Florida ("Grantor") and TIGR Acquisitions III, LLC, a Delaware limited liability company ("Grantee').
1. Grantor's Property and future Collocation Agreements. Grantor represents and warrants that it
holds fee simple title to certain real property located at 1725 17th Avenue, Vero Beach, Florida 32960,
as more fully described in the legal description attached hereto as Exhibit A (the "Parent Property').
Future tenants (collectively, "Collocators" and individually a "Collocator"), will be parties to those
certain future leases, subleases, licenses and other agreements which grant others a right to use or
occupy a portion of the Easement (each a "Collocation Agreement').
2. Grant of Easement. For the sum of TEN AND NO/100 DOLLARS and other good and valuable
consideration, the receipt and sufficiency of which the parties hereby acknowledge as paid on or about
the Effective Date along with the purchase price pursuant to the settlement statement executed
contemporaneously with this Agreement ("Purchase Price"), Grantor grants and conveys unto Grantee,
its successors and assigns, an exclusive easement (subject to the superior interests of other parties of
record on the Parent Property) for the Permitted Use defined herein, together with a non-exclusive
access easement for ingress and egress to and from the exclusive easement, seven days per week,
twenty-four hours per day as such access may change from time to time and a non-exclusive utility
easement (as more specifically defined in Exhibit B as Parcel B) to install, replace and maintain utilities
servicing the exclusive easement, including, but not limited to the installation of power and telephone
service cable, wires, switches, boxes and the like as may be required by the Permitted Use across the
Parent Property (collectively "Easement'). In the event that certain Utility Equipment and Landscape
Easement dated July 17, 2018 between Indian River County and Datapath Tower, LLC recorded in
Book 3162, Page 1416 of the Public Records of Indian River County, Florida ("Recorded Datapath
Easement") is terminated then that certain "Springing Easement" detailed in Exhibit B as Parcel A shall
be granted by Grantor to Grantee simultaneously with such termination of the foregoing Recorded
Datapath Easement. Thereafter, the Springing Easement shall be a part of and included in all references
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to the Easement. In the event the Recorded Datapath Easement is terminated, then Grantee shall
maintain the Springing Easement (or use commercially reasonable efforts to enforce the obligation of
the Collocator under any Collocator's lease that requires such Collocator to maintain the Springing
Easement.) Grantor shall permit Grantee, each Collocator, and any of their affiliates, customers,
tenants, subtenants, lessees, sublessees, licensees, successors and/or assigns together with any of the
employees, contractors, consultants, and or agents of the foregoing to use the Easement for the
installation, construction, operation, maintenance, repair, modification, relocation, replacement and
removal of improvements and equipment, including, without limitation, equipment shelters and/or
cabinets and related cables and utility lines and a location based system, coaxial cable, base units and
other associated equipment ("Equipment") necessary for the facilitation of telecommunications, radio
and television broadcasting and other related uses ("Permitted Use"). Grantor represents that there is
no pending or threatened action that would adversely affect Grantor's ability to enter into this
Agreement or grant the Easement and that entering into this Agreement will not violate or conflict with
any provision of Grantor's organizational documents (if Grantor is an organization) or conflict with the
provisions of any agreement to which Grantor is a party. Grantor further represents and warrants that
Grantee shall have peaceful and quiet possession and enjoyment of the Easement during the term of
this Agreement without any disturbance of Grantee's possession or Permitted Use hereunder.
3. Term. Commencing on the Effective Date, the term of this Agreement and the Easement shall be for a
term of fifteen (15) years and this Agreement and the Easement shall terminate on
, 2037 (the "Term"). Upon notice to Grantor as provided herein, Grantee
may surrender the Easement to Grantor and execute such documents reasonably required to terminate
the Agreement and the Easement. Grantor may not unilaterally terminate the Agreement or Easement.
Sections 11 and 12 shall survive expiration or termination of this Agreement and shall remain in effect
in perpetuity, subject to applicable law.
4. Right of Collocation. Pursuant to this Agreement, Grantee is permitted and authorized to enter into
Collocation Agreements with one or more additional Collocators within the Easement. Except as
provided herein, Grantee agrees to assume all of lessor's rights and obligations under each Collocation
Agreement. If Collocator is obligated under each Collocation Agreement to pay to Grantor any fees
(other than base rent and any escalations thereto) for the purpose of utility service or access or tax
reimbursement, Grantor shall continue to be entitled to such fees, although Grantee may collect and
distribute same to Grantor. Grantor shall continue to perform all obligations of the lessor under each
Collocation Agreement which relate to the use, ownership, and maintenance of the Parent Property so
that Grantee may fulfill all the obligations under each Collocation Agreement without breaching any
provision therein, including, but not limited to, Grantor maintaining the Parent Property in a
commercially reasonable condition to allow the Permitted Use of the Easement. Notwithstanding the
foregoing, Grantor shall not be required to make any improvements to the Parent Property and the
Parent Property is acknowledge by both parties to be in a commercially reasonable condition to allow
the Permitted Use of the Easement as of the Effective Date.
5. Collocation Rent Sharing. When a Collocator executes a lease for space within the Easement and
commences rent payment, Grantee will collect such rent with Grantee retaining fifty percent (50%) of
the rent collected and Grantee remitting fifty percent (50%) of the rent collected to Grantor. Grantor
shall have the right to review and approve construction plans for each Collocator prior to
commencement of construction and such approval shall not be unreasonably conditioned, delayed or
withheld and such approval shall be without further compensation to Grantor. Approval shall be
deemed given by Grantor where Grantor has failed to respond within one hundred twenty (120) days
of notice as provided herein.
6. Grantor Cooperation and Non-interference. Grantor hereby agrees to cooperate with Grantee and/or
each Collocator in obtaining all licenses, permits or authorizations from all applicable governmental
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and/or regulatory entities and in acquiring any necessary upgrades to or relocation of utility service to
support the Permitted Use. Grantor's cooperation shall be at no cost to Grantor and without requiring
payment of additional rent or fees by Grantee or any Collocator. Grantor shall not interfere with any
construction in the Easement so long as such construction is to support the Permitted Use and is
proceeding pursuant to a building permit or other required municipal or governmental approvals.
Grantor shall not, nor shall Grantor permit its lessees, licensees, employees, invitees or agents to, use
any portion of the Parent Property or the Easement in a way which materially interferes with the
operations of any Collocator who shall have peaceful and quiet possession and enjoyment of the
Easement. Grantor may not directly or indirectly induce, invite, or conspire to induce or invite any
Collocator to use or lease space in direct competition with Grantee's Easement. In furtherance of the
forgoing, Grantor shall not lease, license or otherwise grant any additional interest in any portion of the
Parent Property for the Permitted Use by telecommunication tenants without the prior written consent
of Grantee in which may be withheld in Grantee's sole discretion.
7. Assignment. Grantee may pledge, assign, mortgage, grant a security interest, or otherwise encumber
its interest created by this Agreement. Grantee may freely assign this Agreement in part or in its entirety,
and any or all of its rights hereunder, including the right to receive rent payments. Upon the absolute
assumption of such assignee of all of the obligations of Grantee under this Agreement, then Grantee
will be relieved of all obligations and liabilities hereunder.
8. Taxes and Other Obligations. All taxes and other obligations that are or could become liens against
the Parent Property or any subdivision of the Parent Property containing the Easement, whether existing
as of the Effective Date or hereafter created or imposed, shall be paid by Grantor prior to delinquency
or default. Grantor shall be solely responsible for payment of all taxes and assessments now or hereafter
levied, assessed or imposed upon the Parent Property, or imposed in connection with the execution,
delivery, performance or recordation hereof, including without limitation any sales, income,
documentary or other transfer taxes. If Grantor fails to pay when due any taxes or other obligations
affecting the Parent Property, Grantee shall have the right but not the obligation to pay such and demand
payment therefor from Grantor, which payment Grantor shall make within ten (10) days of such demand
by Grantee.
9. Insurance. During the Term of this Agreement, each Collocator shall maintain general liability
insurance as required under their respective lease. Grantor shall maintain any insurance policies in place
on the Parent Property or as required under each Collocation Agreement.
10. Subordination and Non -Disturbance. Grantor shall maintain the Parent Property free of mortgages
or other financial security interests or obligations.
11. Mutual General Indemnification. Grantor and Grantee shall each indemnify and hold harmless the
other against any and all claims, damages, costs and expenses (including reasonable attorney's fees and
disbursements) caused by or arising out of the indemnifying party's breach of this Agreement or the
negligent acts or omissions or willful misconduct on the Parent Property by the indemnifying party or
the employees, agents, or contractors of the indemnifying party. Any requirements of Grantor in this
Section 11 are only to the limits set forth in §768.28, Florida Statutes.
12. Environmental Representations and Indemnification.
a. Grantor represents and warrants that, to the best of Grantor's knowledge, no pollutants or other
toxic or hazardous substances, as defined under the Comprehensive Environmental Response,
Compensation, and Liability Act ("CERCLA"), 42 U.S.C. 9601 et seq., or any other federal or
state law, including any solid, liquid, gaseous, or thermal irritant or contaminant, such as
smoke, vapor, soot, fumes, acids, alkalis, chemicals or waste (including materials to be
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193
recycled, reconditioned or reclaimed) (collectively, "Hazardous Substances") have been, or
shall be discharged, disbursed, released, stored, treated, generated, disposed of, or allowed to
escape or migrate (collectively referred to as the "Release") on or from the Parent Property.
Neither Grantor nor Grantee shall introduce or use any Hazardous Substances on the Parent
Property or the Easement in violation of any applicable federal, state or local environmental
laws.
b. Grantor and Grantee each agree to defend, indemnify, and hold harmless the other from and
against any and all administrative and judicial actions and rulings, claims, causes of action,
demands and liability including, but not limited to, damages, costs, expenses, assessments,
penalties, fines, cleanup, remedial, removal or restoration work required by any governmental
authority, losses, judgments and reasonable attorneys' fees that the indemnified party may
suffer or incur due to the existence or discovery of any Hazardous Substances on the Parent
Property caused by the other party. Grantee shall not be responsible for and shall not defend,
indemnify or hold harmless Grantor for any Release of Hazardous Substances on or before the
Effective Date. Any requirements of Grantor in this Section 12b are only to the limits set forth
in §768.28, Florida Statutes.
13. Dispute Resolution and Notice.
a. Jurisdiction and venue under this Agreement shall be in the state and county the Parent Property
is located. The parties may enforce this Agreement and their rights under applicable law, and
may seek specific performance, injunction, appointment of a receiver and any other equitable
rights and remedies available under applicable law. Money damages may not be an adequate
remedy for the harm caused to Grantee by a breach or default by Grantor hereunder, and
Grantor waives the posting of a bond. Damages as against Grantee shall be limited to the
amount of consideration received by Grantor under this Agreement, following any insurance
settlement which may have effect. The prevailing party shall be entitled to an award of its
reasonable attorneys' fees and costs. Neither party shall be liable to the other for consequential,
indirect, speculative or punitive damages.
b. The non -defaulting party shall provide written notice of a default under this Agreement, not
more than thirty (30) days from discovery of the default. From the date of such notice, the
defaulting party shall have thirty (30) days to cure the default, unless the default cannot
reasonably be cured within thirty (30) days in which case the defaulting party shall have such
additional time as necessary to cure the default so long as the defaulting party has commenced
to cure the default and is diligently pursuing completion of the cure.
c. All communications shall be delivered by certified mail, return receipt requested or a nationally
recognized overnight courier to the address beneath each party's signature block or such other
address as advised to the other party pursuant to this paragraph. Notice shall be deemed given
upon receipt if by certified mail, return receipt requested or one (1) business day following the
date of sending, if sent by nationally recognized overnight courier service or upon attempted
delivery if delivery is refused or if delivery is impossible because of failure to provide
reasonable means for accomplishing delivery.
14. Miscellaneous.
a. Reserved.
b. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and the successors and assigns of the parties to this Agreement. It is the intention
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of the parties hereto that all of the various rights, obligations, restrictions and easements created
in this Agreement shall run with the Parent Property upon which the Easement is located and
be binding upon all fixture owners and lessees of the Parent Property and all persons claiming
under them for the Term of this Agreement.
c. Casualty and Condemnation. In the event of any casualty or condemnation of the Easement in
whole or in part, Grantee shall be entitled to receive any insurance proceeds or condemnation
award attributable to the value of the Easement.
d. Severability. If any provision contained in this Agreement (or any portion of such provision)
shall be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or
unenforceability shall not affect any other provision of this Agreement (or any portion of any
such provision.)
e. Counterparts. This Agreement may be executed in separate counterparts with each counterpart
deemed an original and all of which together shall constitute a single agreement.
f. Entire Agreement. This Agreement and any documents, certificates, instruments and
agreements referred to herein constitute the entire agreement between Grantor and Grantee.
Without limiting the generality of the foregoing, Grantor acknowledges that it has not received
or relied upon any advice of Grantee or its representatives regarding the merits or tax
consequences of this Agreement.
[Signature pages and exhibits follow.]
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195
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date on page one
above.
GRANTOR: INDIAN RIVER COUNTY, FLORIDA
Jason E. Brown, County Administrator
Grantor Notice Address:
Indian River County, Florida
1801 27th Street
Vero Beach, Florida 32960
WITNESSES:
Printed Name
STATE OF
COUNTY OF
I ss.
Printed Name
The foregoing instrument was acknowledged before me, by means of _ physical presence or _
online notarization, this day of , 2022 by Jason E. Brown, the
County Administrator of Indian River County, Florida, a political subdivision of the State of Florida, who
is _ personally known or _ produced identification in the form of
NOTARY PUBLIC
NOTORIAL SEAL Printed Name:
Commission No.:
Commission expiration:
Asset File M Page 6 of 10
196
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date on page one
above.
GRANTEE: TIGR ACQUISITIONS III, LLC
Jesse M. Wellner, Chief Executive Officer
Grantee Notice Address.
TIGR Acquisitions III, LLC
1170 Peachtree Street, Suite 1650
Atlanta, GA 30309
Attn: Chief Executive Officer
With a copy to:
TIGR Acquisitions III, LLC
1170 Peachtree Street, Suite 1650
Atlanta, GA 30309
Attn: General Counsel
WITNESSES:
Printed Name Printed Name
STATE OF GEORGIA l
COUNTY OF FULTON } ss.
On this day of , 2022, before me, the undersigned notary public,
personally appeared Jesse M. Wellner, and proved to me through satisfactory evidence of identification,
which was personal knowledge/driver's license/passport/ (circle one), to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that he/she signed it
voluntarily for its stated purpose as Chief Executive Officer of TIGR Acquisitions III, LLC.
{affix notary seal or stamp)
Notary Public
My Commission Expires: 10-19-2022
Asset File M Page 7 of 10
197
EXHIBIT A
LEGAL DESCRIPTION OF THE PARENT PROPERTY
The Land referred to herein below is situated in the County of Indian River, State of Florida, and
is described as follows:
COM AT SW COR OF SE 1/4, RUN S 89 DEG 22 MIN E ALONG SEC LINE 978.48 FT TO A
PT, TH N 00 DEG 56 MIN 45 SEC E ALONG CL OF 17TH AVE 788.52 FT TO A PT, TH N 89
DEG 23 MIN 57 SEC W 35 FT TO W LINE OF 17TH AVE & POB: TH N 89 DEG 23 MIN 57
SEC W 495.47 FT TO A PT, TH N 00 DEG 26 MIN 20 SEC E 480 FT TO A PT, TH S 89 DEG
07 MIN 53 SEC E 499.59 FT TO A PT, TH S 00 DEG 56 MIN 45 SEC W 477.62 FT TO POB,
LESS TRACTS LEASED TO ST FRANCIS MANOR & ALSO LESS FOLL DESC PARC: COM
AT SW COR OF SE 1/4, RUN S 89 DEG 22 MIN E ALONG SEC LINE 978.48 FT, TH N 00
DEG 56 MIN 45 SEC E ALONG CL OF 17TH AVE 1126.14 FT TO A PT, TH N 89 DEG 07
MIN 33 SEC W 35 FT TO POB: TH N 89 DEG 07 MIN 33 SEC W 318 FT TO A PT, TH N 00
DEG 56 MIN 45 SEC E 140 FT TO A PT, TH S 89 DEG 07 MIN 33 SEC E 318 FT TO A PT,
TH S 00 DEG 56 MIN 45 SEC W 140 FT TO POB (A/K/A OLD JAIL SITE), LESS FOLL DESC
PARC: COM AT SW COR OF SE 1/4 OF SEC 02-33-39, RUN S 89 DEG 22 MIN 00 SEC E
(BASIS OF BEARINGS) ALONG S LINE OF SAID SEC 2,978.5 FT MORE OR LESS TO AN
INTER SECTION WITH THE CL OF 17TH AV, TH N ALONG THE SAID CL OF 17TH AV,
1266.03 FT TO AN INTERSECTION WITH THE ELY ENTENSION OF THE S LINE OF A 60
FT R/W AS DESC IN OR BK 39 PG 14, TH N 89 DEG 07 MIN 53 SEC W ALONG THE SAID
S R/W LINE & THE ELY EXTENSION, THEREOF, 35.0 FT TO AN INTERSECTION WITH
THE W R/W OF 17TH AV, TH CONT N 89 DEG 07 MIN 53 SEC W ALONG THE SAID S
R/W LINE, 318.0 FT TO POB OF HEREIN DESC PARC: FROM THE POB CONT N 89 DEG
07 MIN 53 SEC W 131.71 FT, TH S 00 DEG 26 MIN 20 SEC W 62.65 FT, TH S 68 DEG 29
MIN 40 SEC E 20.92 FT, TH S 37 DEG 09 MIN 40 SEC E 48.30 FT, TH S 06 DEG 42 MIN 40
SEC E, 32.21 FT, TH S 89 DEG 07 MIN 53 SEC E & PARA WITH SAID S R/W LINE 77.47
FT, TH N 00 DEG 56 MIN 45 SEC E & PARA WITH SAID CL OF 17TH AV 140.0 FT TO
POB; LESS PCL DESC IN OR BK 3002 PG 187.
[The legal description above may be substituted with a long form version]
Asset File #: Page 8 of 10
198
EXHIBIT B
EASEMENT AREA DESCRIPTION
SPRINGING EASEMENT PARCEL
[Insert Legal Description of Parcel A.]
EXCLUSIVE EASEMENT PARCEL
[Insert Legal Description of Parcel B.]
NON-EXCLUSIVE UTILITY EASEMENT and NON-EXCLUSIVE ACCESS EASEMENT
Utilities and Telecommunications. Grantee is herein granted a non-exclusive easement in, to, under and
over the portions of the Parent Property for ingress and egress to the Easement for placement of cables,
wiring, etc., which is necessary to install, operate and maintain the telecommunications equipment, together
with the right to use such easement for the development, repair, maintenance and removal of utilities and/or
cables providing service to the Easement and any related activities and uses.
Access. Grantee is herein granted all rights of ingress and egress to and from the Easement, across the
Parent Property described in Exhibit A hereto, providing access to a publicly dedicated roadway, including
but not limited to 17`h Avenue along with the right to use such access easement for the development, repair,
maintenance and removal of utilities providing service to the Easement and any related activities and uses.
Asset File #: Page 9 of 10
199
EXHIBIT B (continued)
EASEMENT AREA DESCRIPTION
[Insert survey of Parcel A and Parcel B.]
Asset File #: Page 10 of 10
200
[Type here]
Additional Consent Item
July 12, 2022
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
DEPARTMENT OF GENERAL SERVICES
SANDRIDGE GOLF
Date: July 08, 2022
To: The Honorable Board of County Commissioners
Thru: Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
From: Bela Nagy, Director of Golf
Subject: Request for Purchase Order Increase for Roger Cleveland Golf Inc.
DESCRIPTION AND CONDITIONS:
Sandridge Golf Club operates a Pro Shop that sells merchandise to patrons of the golf course. This
fiscal year, Pro Shop sales have increased 12% over last year and 39% from two years ago to
record numbers. Roger Cleveland Golf Inc. is one of the vendors used to purchase goods at
wholesale prices to sell at retail in the Pro Shop. Blanket Purchase orders are issued at the request
of using departments to enable as needed purchases over the course of the fiscal year. The
Purchasing Manager may approve purchase orders up to $35,000 (not associated with a bid or
contract), and the Administrator is authorized in Section 105.01 of the County Code to approve
purchase orders up to $75,000.
As referenced by the Purchasing Manager's January 24, 2022 memorandum to the Board, "The
needs of some departments may exceed the Administrator's approval authority during the course of
the fiscal year. Many of these purchases reflect needs that are not easily addressed through the bid
process."
This year, Roger Cleveland Golf Inc. sales have increased by 30% due to the fact that other
companies are not able to deliver clubs, balls; golf bags and headwear due to supply chain issues.
Pro Shop sales continue to increase year after year and are up 14% over last year's record year
which saw $476,512.00 in total sales which was a 23% increase over 2020-21 fiscal year.
Accordingly, the Purchase Order for Cleveland Golf has accumulated to $83,000 to cover this
current fiscal year and will need to be increased by the authority of the Board of County
Commissioners as it will now exceed the County Administrator's authority by $8,000.
FUNDING:
Funding in the amount of $8,000.00 is available in Pro Shop Inventory account # 418-142000.
RECOMMENDATION:
Staff recommends the Board approve increasing the Purchase Order #91110 with Roger Cleveland
Golf Inc by $8,000.00 for a total of $83,000.00 for the purchase of inventory.
APPROVED AGENDA ITEM FOR JULY 12, 2022
2W-
641
PUBLIC HEARING
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: June 27, 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: Public Hearing for July 12, 2022, for Ordinance Amending Section 204.06 (Definitions) and
Section 204.13 (Terms of Conditions of Franchises) of Part 1(In General) of Chapter 204 (Solid
Waste Disposal) of Indian River County Code
Descriptions and Conditions:
The Indian River County (IRC) Board of County Commissioners (BCC) is holding a public hearing to consider
amendments to Section 204.06 (Definitions) and Section 204.13 (Terms of Conditions of Franchises) of
Part 1 (In General) of Chapter 204 (Solid Waste Disposal) of Indian River County Code.
The proposed changes are necessary to remove the exclusivity provided to a franchised hauler for
collecting, transporting, and disposal of construction and demolition (C&D) debris in any size containers.
Analysis:
The definition of C&D Debris Commercial Container in Section 204.06 has been amended with the
following recommended language:
Construction and demolition debris commercial container means a commercial container that is
used to store, transport, and dispose of construction and demolition debris '^« th fiftee , ( 5)
eubie-yards in any size capacity� previded, hGweveF, that ne GernmepGial +tai e� Shalle
The terms and conditions in Section 204.13.1 have been updated with the following recommended
language:
(2) Each franchisee shall pay a franchise fee equal to six (6) percent of the gross
revenues collected by the franchisee for: residential service in the residential
franchise area; residential recyclables service and recyclable toter service in the
residential recyclables franchise area; and commercial service; and G9IleGtien--Gf
r,StFYG+i., dphritzaI .,+-,;..., .The
franchise fee shall be accounted for and paid to the district on a monthly basis.
Any payments due to the district and not received within the time frame set
201
SWDD Agenda - Public Hearing for SWDD Ordinance Update Page 1 of 2
PUBLIC HEARING
forth in the franchise agreement shall be subject to the penalties, interest rates,
and administrative charges set forth in the franchise agreement.
Staff recommends approval of the changes above to Part 1 (In General) of Chapter 204 (Solid Waste
Disposal) of Indian River County Code.
Funding:
This is a public hearing by the BCC and does not require any funding approval.
Recommendation:
Staff is requesting that the Board of County Commissioners proceed with the following:
1. Open the Public Hearing; obtain input from staff and the public.
2. Close the Public Hearing.
3. Approve the changes above to the Part 1 (In General) of Chapter 204 (Solid Waste Disposal) of
Indian River County Code and authorize the Chairman to execute the same.
Attachments:
1. SWDD Ordinance
202
SWDD Agenda - Public Hearing for SWDD Ordinance Update Page 2 of 2
1.
Randi Wardlow
1,o.A-,1, —7- (z:. zz
From: Terri Collins -Lister
Sent: Monday, July 11, 2022 4:05 PM
To: Randi Wardlow
Subject: FW: [External] SWDD Ordinance Update - Removal of Exclusivity of C&D to WM
From: Perez, Deborah <dperez@wm.com>
Sent: Monday, July 11, 2022 3:36 PM
To: hmehta@ircgov.com; Sean Lieske <slieske@ircgov.ccm>
Cc: Heather Alexander <halexander@ircgov.com>; Dylan Reingold <dreingold@ircgov.com>; Ronnie Jones
<rjones@ircgov.com>; Terri Collins -Lister <tlister@clerk.indian-river.org>; Laurie Besancon <Iesancon@ircgov.com>;
Valerie Lemons <vlemons@ircgov.com>; DL_SWDD_Scalehouse <Scalehouse@ircgov.com>; Phil Matson
<pmatson@ircgov.com>; Amaris Gil <agil@ircgov.com>; Andrew Sobczak <asobczak@ircgov.com>; Daphne Driskell
<ddriskell@ircgov.com>; Kelly Buck <kbuck@ircgov.com>; Rebeca Guerra <rguerra@ircgov.com>; Steven Hitt
<shitt@ircgov.com>; Tricia Johnson <tjohnson@ircgov.com>; Vanessa Carter <vcarter@ircgov.com>; DelaCruz, Robert
<rdelacru@wm.com>; Nizamoff, Eric <ENizamof@wm.com>; Simone, Eileen <ESimone2@wm.com>; Godwin, Kasey
<kgodwinl@wm.com>
Subject: RE: [External] SWDD Ordinance Update - Removal of Exclusivity of C&D to WM
Good afternoon Himanshu:
As a follow up to my phone call today, WM is respectfully requesting that the ordinance change goes into effect on
8/01/2022. This will allow us time to go into our billing system to update our existing customers to adjust the rates to
remove the franchise fees. If this goes into effect Tuesday or Wednesday afternoon (mid -month) our folks will have to
manually make adjustments to all the affected accounts.
If requested, I will go to the podium to request this during the public hearing portion. Let me know if you need me to do
that.
Thank you for taking this into consideration.
Deb
DEBORAH A. PEREZ
Government Affairs Manager
Public Sector Solutions
DDperez wm.com
T: 772.413.9997
C: 407.466.4079
431077 1h St
Vero Beach, FL 32967
10. A-. ►. 12-ZZ-
From:
2-2z
From: Himanshu Mehta <hmehta ircgov.com>
Sent: Friday, July 8, 2022 10:34 AM
To: Sean Lieske <slieske@ircgov.com>
Cc: Heather Alexander <halexander@ircgov.com>; Dylan Reingold <dreingold@ircgov.com>; Ronnie Jones
<riones@ircgov.com>; Perez, Deborah <dperez@wm.com>;'Terri Collins -Lister' <tlister@clerk.indian-river.org>; Laurie
Besancon <Ibesancon@ircgov.com>; Valerie Lemons <vlemons@ircgov.com>; DL—SWDD_Scalehouse
<Scalehouse@ircgov.com>; Phil Matson <pmatson@ircgov.com>; Amaris Gil <agil@ircgov.com>; Andrew Sobczak
<asobczak@ircgov.com>; Daphne Driskell <ddriskell@ircgov.com>; Kelly Buck <kbuck@ircgov.com>; Rebeca Guerra
<rguerra@ircgov.com>; Steven Hitt <shitt@ircgov.com>; Tricia Johnson <tiohnson@ircgov.com>; Vanessa Carter
<vca rter@ i rcgov.com>
Subject: [EXTERNAL] SWDD Ordinance Update - Removal of Exclusivity of C&D to WM
Sean,
I confirmed with Dylan that as noted below the SWDD Ordinance Update to remove the exclusivity of C&D to
WM will become effective once the Clerk files it with the Department of State. It could be as early as next
Tuesday afternoon or possibly the next day. We do not have to wait for a response from the State.
I also talked to Terri with the Clerk's office and she will let us know once it is filed.
Accordingly, we will update the tipping fee at the Scalehouse for WM. Essentially, we will remove the C&D
code and rate of $30 per ton assigned to WM and they will now be coded as WCD at a rate of $31.80 per ton.
This ordinance update will remove the exclusivity provided to a WM for collecting, transporting, and disposal
of construction and demolition (C&D) debris in any size containers. This will also allow any non -franchised
hauler to collect, transport and dispose C&D in any size container in Unincorporated IRC.
Section 6. Effective Date. This ordinance shall become effective upon adoption by the
Board of County Commissioners and filing with the Department of State.
Thank you,
Himanshu
Himanshu H. Mehta, PE (FL)
Managing Director
Indian River County — Solid Waste Disposal District
1325 74th Avenue SW, Vero Beach , FL 32968
P: 772-226-3211, F: 772-770-5296, C: 772-946-9831
e: hmehta@ircgov.com
w: www.ircrecycles.com
--Warning--
"this einail was sent to you by someone outside of'the Clerk's Office. Beware that any link or attachment that
you open may cause harm to the organization and should be handled with extTeme caution.
7 02
ORDINANCE NO. 2022 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 204.06
(DEFINITIONS) AND SECTION 204.13 (TERMS OF CONDITIONS OF
FRANCHISES) OF PART 1 (IN GENERAL) OF CHAPTER 204 (SOLID
WASTE DISPOSAL) OF THE CODE OF INDIAN RIVER COUNTY, TO
REMOVE THE FRANCHISE EXCLUSIVITY OF COMMERCIAL AND
DEMOLITION DEBRIS COLLECTION IN ANY SIZE CONTAINER; AND
PROVIDING FOR CODIFICATION; SEVERABILITY; CONFLICT OF
ORDINANCES; AND EFFECTIVE DATE OF THE ORDINANCE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest
broad home rule powers in counties to enact ordinances, not inconsistent with general or
special law, for the purpose of protecting the public health, safety and welfare of the
residents of the county. The Indian River County Board of County Commissioners
specifically determines that the enactment of this ordinance is necessary to protect the
health, safety and welfare of the residents of Indian River County.
Section 2. Amendment of Part 1 (In General) of Chapter 204 (Solid Waste Disposal)
New language indicated by underline, and deleted language indicated by strikethrough.
Section 204.06 (Definitions) and Section 204.13 of Part 1 (In General) of Chapter 204
(Solid Waste Disposal) of the Code of Indian River County, Florida is hereby amended to
read as follows:
CHAPTER 204. —SOLID WASTE DISPOSAL
PART I. - IN GENERAL
Section 201.06. — Definitions.
For the purposes of this part, the definitions contained in this section 204.06 shall
apply unless otherwise specifically stated. When not inconsistent with the context, words
used in the present tense include the future tense; words in the plural number include the
singular; words in the singular number include the plural; the terms "hereof', "hereby",
"herein", "hereto", "hereunder" and similar terms refer to this part; and the term "hereafter"
means after, and the term "heretofore" means before, the effective date of this part. The
word "shall" is always mandatory and not merely discretionary. Pursuant to F.S. §
203
ORDINANCE NO. 2022-
403.7031, all terms in this section 204.06 shall be construed in a manner that is consistent
with the definitions contained in F.S. § 403.703. In the case of any conflict or inconsistency
between the definitions in this part and the definitions contained in F.S. § 403.703, the
statutory definition shall control.
Construction and demolition debris commercial container means a commercial container
that is used to store, transport, and dispose construction and demolition debris less thaR
fifteen (15) GubiG in any size capacity revided, hewever, that nn nnmmorninl
Section 204.13. — Terms and conditions of franchises.
Except as set forth in section 204.13.1, the specific terms of any franchise
granted by the district to a franchisee shall be set forth in a written franchise agreement
between the franchisee and the district. The terms of the franchise agreement shall be
subject to the district board's review and approval. At a minimum, each franchise
agreement shall be subject to the following conditions and limitations:
(2) Each franchisee shall pay a franchise fee equal to six (6) percent of
the gross revenues collected by the franchisee for: residential
service in the residential franchise area; residential recyclables
service and recyclable toter service in the residential recyclables
franchise area; and commercial service;
GGRO+Y,,n+inn and demolition deb Fio in anv cite nnmmorninl
mer. The franchise fee shall be accounted for and paid to the
district on a monthly basis. Any payments due to the district and not
received within the time frame set forth in the franchise agreement
shall be subject to the penalties, interest rates, and administrative
charges set forth in the franchise agreement.
Section 3. Codification. It is the intention of the Board of County Commissioners that
the provision of this ordinance shall become and be made part of the Indian River County
Code, and that the sections of this ordinance may be renumbered or re -lettered and the
word ordinance may be changed to section, article or such other appropriate word or
phrase in order to accomplish such intention.
Section 4. Severability. If any part of this ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall
not be affected by such holding and shall remain in full force and effect.
204
ORDINANCE NO. 2022 -
Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6. Effective Date. This ordinance shall become effective upon adoption by the
Board of County Commissioners and filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the day of July,
2022, for a public hearing to be held on the 12th day of July, 2022, at which time it was
moved for adoption by Commissioner , seconded by Commissioner
, and adopted by the following vote:
Chairman Peter D. O'Bryan
Vice Chairman Joseph H. Earman
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Laura Moss
The Chairman thereupon declared the ordinance duly passed and adopted this day
of July, 2022.
ATTEST: Jeffrey R. Smith, Clerk
and Comptroller
M
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
in
Peter D. O'Bryan, Chairman
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the
day of July, 2022.
205
Treasure Coast Newspapers
PART OF THE USA TODAY NETWORK
Indian River Press Journal
18C1 U.S. 1. Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
INDIAN RIVER COUNTY ATTORNEYS OFFIC
1801 27TH ST
VERO BEACH, FL 32960-3388
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned authority personally appeared, said legal
clerk_ who on, oath—sats—that he/she 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 prececing the
first publication of the attached copy of advertisement.
Issue(s) dated before where the dates are noted or by publication
on the newspaper's website, if authorized. on
07/0112022
(.��u nIL
Subscribed and sworn to before on July 1. 2 22
Notary. State of Wl ounty of Brown
My commission expires
KATHLEEN ALIEN
Notary Public
Publication Cost S14193 State of Wisconsin
Ad No 0005316998
Customer No 1310775
PO #
# of Affidavits 1
206
NOTICE OF INTENT - PUBLIC
HEARING
NOTICE IS HEREBY GIVEN that
the Board of County Commis-
sioners of Indian River County,
Florida, will conduct a Public
Hearing to consider adoption
of a proposed ordinance enti-
tled:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF INDIAN RIVER
COUNTY, FLORIDA AMEND-
ING SECTION 204.06 (DEFINI-
TIONS) AND SECTION 204.13
(TERMS OF CONDITIONS OF
FRANCHISES) OF PART 1 (IN
GENERAL) OF CHAPTER 204
(SOLID WASTE DISPOSAL) OF
THE CODE OF INDIAN RIVER
COUNTY, TO REMOVE THE
FRANCHISE EXCLUSIVITY OF
COMMERCIAL AND DEMOLI-
TION DEBRIS COLLECTION IN
ANY SIZE CONTAINER; AND
PROVIDING FOR CODIFICA-
TION; SEVERABILITY; CON-
FLICT OF ORDINANCES; AND
EFFECTIVE DATE OF THE OR-
DINANCE.
The Public Hearing will be
held on Tuesday, July 12, 2022
at 9:05 a.m., or as soon there-
after as the matter may be
heard, in the County Commis-
sion Chambers located on the
first floor of Building A of the
County Administrative Com-
plex, 1801 27th Street, Vero
Beach, Florida 32960, at which
time interested parties may be
heard with respect to the pro-
posed ordinance.
The proposed ordinance may
be inspected by the public
during regular business hours
(8:30 a.m. to 5:00 p.m., Mon-
day through Friday) at the Of-
fice of the Clerk to the Board
of County Commissioners lo-
cated on the second floor of
Building A of the County Ad-
ministrative Complex, 1801
27th Street, Vero Beach, Flori-
da; or alternatively, the pro-
posed ordinance may be in-
spected at www.ircgov.com.
Anyone who may wish to ap-
peal any decision which may
be made at this meeting will
need to ensure that a verba-
tim record of the proceedings
is made, which includes testi-
mony and evidence upon
which the appeal is based.
Anyone who needs a special
accommodation for this meet -
Ing must contact the County's
Americans With Disabilities
Act (ADA) Coordinator at 772-
226-1223 at least 48 hours in
advance of the meeting.
INDIAN RIVER COUNTY
BOARD OF COUNTY
COMMISSIONERS
PETER D. O'BRYAN, CHAIR-
MAN
Pub: July 1, 2022
TCN5316993
207
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INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Andrew Sobczak; Assistant Director, Community Development
THROUGH: Ryan Sweeney; Chief, Current Development
FROM: Brandon C. Creagan, LEED Green Associate; Senior Planner, Current Development
DATE: June 28, 2022
SUBJECT: Notice of Scheduled Public Hearing for August 16, 2022: Jelmby Right -of -Way
Abandonment (Legislative)
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of July 12, 2022.
DESCRIPTION AND CONDITIONS:
Please be advised that the following public hearing item has been scheduled for Board consideration:
Aut4ust 16, 2022•
1. Jan Jelmby's Request for Abandonment of a Portion of a 30' Wide Unimproved, Unnamed
Right -of -Way per the Plat of the Espy Subdivision per St. Lucie County Plat Book 2, Page
36; said Lands Now Lying and Being in Indian River County, Florida. [ROWA-21-12-02 /
2016030081 -90298] (Legislative)
RECOMMENDATION:
The referenced public notice item is provided for the Board's information. No action is needed at this
time.
209
Office of the
INDIAN RIVER COUNTY
Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
ADMINISTRATOR
111 l 0lu [f]'7 f[a"u
TO: Members of the Board of County Commissioners
FROM: Jason E. Brown
County Administrator
DATE: July 7, 2022
SUBJECT: Request for Approval of Second Amendment to the Amended and
Restated Facility Lease Agreement Jackie Robinson Training Complex
On January 2, 2019, the County entered into the Amended and Restated Facility Lease Agreement
with Major League Baseball (MLB) doing business as Verotown, LLC (Verotown) to operate the
Jackie Robinson Training Complex at the facility previously known as Historic Dodgertown. (The
Agreement).
The initial term of the Agreement is ten years and eight months with three successive renewal
options of five years each. The Agreement represents a partnership where the County and MLB
share in the cost of facility improvements. In broad summary, under the original Agreement the
County was responsible for initial repairs on items consisting mostly of roof replacements and
concession stand replacements/repairs where maintenance had been deferred during the economic
downturn. Verotown agreed to be responsible to make some initial facility improvements such as
the design and construction of an indoor training facility. Additionally, Verotown has completed
facility repairs such as replacing the entire Holman Stadium seating bowl. Under the Agreement,
the County reimburses Verotown for 50% of these costs within the limits of the Capital Reserve
Account as set forth in the lease agreement. Other than the County -funded initial improvements, the
County's annual contribution is its only obligation for facility improvements and maintenance.
Verotown will be responsible for all other capital improvements and maintenance for the duration
of the initial term and any renewal term. The Agreement essentially transitions from the County
funding the initial deferred maintenance items, to Verotown and the County sharing Verotown's
initial improvement costs on a 50%/50% basis, to Verotown fully funding any facility costs beyond
the amount approved in the Capital Reserve Fund.
210
The course of events over the first two (2) years of the Agreement led the parties to mutually
endeavor to amend certain terms and conditions. In February of 2021, Major League Baseball and
Indian River County entered into the First Amendment to the Agreement. (The First Amendment).
Under the First Amendment, Verotown took on responsibility for construction of certain improvements
using previously allocated funding to complete those improvements. Additionally, the parties extended
specified time frames in which to complete their obligations under the Agreement. The time extensions were
primarily reflective of challenges related to the Covid Pandemic at the time and the transfer of construction
management to Verotown. The parties now mutually desire to transfer responsibility for some of
the County's remaining obligations to Verotown and provide funding for their completion under
the terms presented herein by the Second Amendment to the Agreement ("Second Amendment").
The Proposed Second Amendment:
The parties seek to modify certain terms of the Agreement as amended, including certain rights and
obligations associated with the Capital Improvements and additional contributions to the Capital
Reserve Account in accordance with the terms and conditions of the proposed Second Amendment.
Provided below is a summary of modifications to the County's existing improvement obligations
pursuant to the Second Amendment. Under the Second Amendment, the County will essentially
incur a fixed cost to shift the management of three (3) remaining improvement projects to MLB
include the TV Platforms Project, the Executive Building / Championship Hall project, and the
Hotel Room Remediation Project.
TV Platforms Proiect:
The County's obligation to construct TV Platforms at Holman stadium will be deleted in exchange
for the County depositing the sum of $200,000.00 (the "Holman Reimbursement Amount"). The
Holman Reimbursement Amount shall only be used by Verotown to fund capital improvements
and repairs or replacements to Holman Stadium or any portion thereof.
Executive Building / Championship Hall:
During the life of the agreement as Amended, the parties have come to agree that the intended
renovations and roof replacements to Championship Hall have become outdated given the condition
of the structure. It is proposed under the Second Amendment that the County credit MLB with $3.5
million so that MLB can manage and fully fund the planning, design, demolition and construction
of the new Executive Building. The new Executive Building will include offices, meeting rooms,
fitness room, four (4) batting cages and storage area located in Championship Hall and may include,
at Verotown's sole election, the adjacent hardscape, parking and landscape, walkway and canopy
extending from the main entrance of Championship Hall. A rendering of the new Executive
Building is attached to the Second Amendment as Exhibit B. Any portion of the Executive Building
Amount not utilized for the project shall be returned to the County. If the cost of the Second
Amendment Work exceeds the project amounts allocated of this Second Amendment, those excess
costs shall be borne by Verotown.
211
The Hotel Room Remediation Proiect
Under the Agreement, the County is obligated to renovate and remediate the hotel room villas.
While the County managed renovation project is nearly complete, there remains asbestos
remediation in several of the villas. The parties desire to shift the remaining remediation project to
MLB at a fixed cost of $570,000 utilizing a certified asbestos contractor that employs proper
removal and disposal practices, prescribed by the United States Environmental Protection Agency.
Any portion of the Hotel Fund Amount not utilized for the project shall be returned to the County.
If the cost of the Second Amendment Work exceeds the project amounts allocated of this Second
Amendment, those excess costs shall be borne by Verotown.
Verotown is not required to obtain County's approval in connection with the Second Amendment
Work and Verotown's performance of any work including any plans, drawings, selected materials
or design features, provided however, that Verotown is required to obtain all necessary site plan
approvals and building department permits as required by law.
Funding:
The changes as detailed above and stated in the Amendment will be funded from allocations for C
ounty responsibilities in the current agreement (as approved by the Board of County C
ommissioners on December 18, 2018 and affirmed on February 9, 2021, respectively). These impr
ovements are funded by a combination of Tourist Tax and the One Cent Sales Tax. The Second
Amendment requires a deposit of funds into the Capital Reserve Account. A portion of the fundin
g for these projects is included in FY 2022/23 in the Capital Improvements Program. Therefore, a
portion of these dollars (approximately $2.4 million) will need to be advanced into the current ye
ar budget if the Second Amendment is approved. Any portion of the Room Remediation P
roject or Executive Building amounts not utilized for the respective project(s) shall be returned to t
he County. If the cost of the Executive Building project exceeds the project amounts allocated in t
his Second Amendment, those excess costs shall be borne by MLB. All obligations imposed by th
e Agreement and First not reformed by this Second Amendment shall remain in full force and effe
ct.
Staff Recommendation:
1. Staff Recommends the Board of County Commissioners approve the attached Second
Amendment to the Amended and Restated Facility Lease Agreement for the Jackie
Robinson Training Complex and authorize the Chairman to execute the Second
Amendment in substantial form subject to minor changes after review and approval by the
County Attorney.
2. Staff requests that the Board of County Commissioners waive the requirement for bids in
order to allow MLB Verotown to manage the additional projects under the Second
Amendment and to complete facility improvement projects contemplated by the
212
Agreement and amended and as detailed above in a similar manner to the original approval
on December 18, 2018 and February 9, 2021, respectively.
3. Staff recommends that the Board of County Commissioners approve the funding plan as
detailed above and approve the necessary budget amendment to advance funding
programmed for FY 2022/23 into the current year for the County's responsibilities under
the agreement.
ATTACHMENTS:
• Proposed Second Amendment to the Amended and Restated Facility Lease Agreement
• First Amendment to the Amended and Restated Facility Lease Agreement Agenda Item
— Approved February 9, 2021.
• Facility Lease Agreement Agenda Item — Approved December 18, 2018
4
213
-7//a/-ioa--�
// ff.
Jacqueline Rizzo &A
From: Tina Cournoyer <tcournoyer@ircgov.com>
Sent: Monday, July 11, 2022 10:05 AM
To: Ed Offutt; Kim Moirano; Maura Stokes; Scott Johnson
Cc: CBCC-Mail
Subject: FW: [External] Second Amendment - Release
Attachments: MLB amendment RED.pdf; Mike -Jason Second Amendment to Amended and Restated
Facility Lease Agreement (MLB 12.23.20)(604788755.14).docx; JRTC_Executive Building
Rendering_July 2022.pdf
All—FYI, please find attachments for tomorrow's BCC meeting.
There is another item being added as an emergency item (Request for Purchase Order Increase for Roger Cleveland Golf
Inc.). As soon as it's ready, I'll be sending out a revised agenda which will include BOTH items. It'll probably be after
lunch.
xws,
From: Jason Brown
Sent: Monday, July 11, 2022 8:57 AM
To: DL–BCC–Board–Members <bccboard@ircgov.com>
Cc: Tina Cournoyer <tcournoyer@ircgov.com>; Michael Zito <mzito@ircgov.com>; Dylan Reingold
<dreingold@ircgov.com>
Subject: FW: Second Amendment - Release
Commissioners,
Please see the final version of the Second Amendment to the facility lease agreement for Jackie Robinson Training
Complex attached. This relates to item 11.A. on tomorrow's agenda. The item contemplated a couple minor changes
such as these in the agreement that would be finalized, which has now occurred. Please find a version in track mode
showing changes from the draft agreement that was included in the original agenda item. There is also a clean version
of the final agreement as well. If you have any clustions or would like to discuss this further, 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: Encinosa, Heather <hencinosa@ngn-tally.com>
Sent: Friday, July 8, 2022 6:33 PM
To: Jason Brown <ibrown@ircgov.com>; Michael Zito <mzito@ircgov.com>
Subject: FW: Second Amendment - Release
Zt3 -I
CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links.
The language tracks the items agreed to today. Please note they did add the hotel rooms to the
indemnification. Let me know if you have any questions. Have a good weekend.
From: Prager, Natalie <Natalie.Prager@bclplaw.com>
Sent: Friday, July 8, 2022 5:27 PM
To: Encinosa, Heather <hencinosa@ngn-tally,com>; Rosen, Alex <alex.rosen@mlb.com>
Cc: Jason Brown <ibrown@ircgov.com>; Michael Zito <mzito@ircgov.com>; Reagins, Tony <tony.reagins@mlb.com>;
Madrigal, Rachelle <Rachelle.Madrigal@mlb.com>
Subject: RE: Second Amendment - Release
Heather, Michael and Jason,
Thank you so much for your time earlier and efforts to get this done in time for the meeting next week. Further to our
call, attached is a revised draft of the amendment, redline to the draft we sent you yesterday and the Executive Building
rendering (to be attached to the final executed amendment as Exhibit B).
Please let us know if you have any questions.
Thanks,
Natalie
BRYAN NATALIE PRAGER
CAVE Partner
LEIGHTONl+ BRYAN CAVE LEIGHTON PAISNER LLP - Miami, FL USA
PAISNER natalie.prager@bciplaw.com
T: +1786 322 7380
From: Encinosa, Heather <hencinosa@ngn-tally.com>
Sent: Friday, July 8, 2022 9:56 AM
To: Rosen, Alex <alex.rosen@mlb.com>; Prager, Natalie <Natalie.Prager@bclplaw.com>
Cc: Jason Brown <ibrown@ircgov.com>; Michael Zito <mzito@ircgov.com>
Subject: Second Amendment - Release
I spoke with my client, and they made the call to include the Executive Building in the release.
Heather J. Encinosa
Nabors
Giblin
Nickerson,,,
c.. 'n *i � 4i , I.
1500 Mahan Drive, Suite 200
Tallahassee, Florida 32308
(850) 224-4070
hencinosa@ngnlaw.com
2 1-j - 2,
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Prepared By,
Record and Return to:
Michael Zito, Esq.
Asst. County Administrator
c/o Indian River County
180127 1h Street
Vero Beach, FL 32960
SECOND AMENDMENT TO THE AMENDED AND RESTATED FACILITY LEASE
AGREEMENT
This SECOND AMENDMENT TO THE AMENDED AND RESTATED FACILITY
LEASE AGREEMENT ("Second Amendment") is made as of the day of , 2022
(the "Amendment Effective Date"), by and between Indian River County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "County"), and Verotown, LLC,
a Delaware corporation, (hereinafter referred to as "Verotown").
RECITALS
A. WHEREAS, County and Verotown entered into that certain Amended and
Restated Facility Lease Agreement by and between County and Verotown effectively dated
January 2, 2019 as subsequently amended by that certain First Amendment to the Amended and
Restated Facility Lease Agreement as fully executed on February 10h, 2021 (collectively referred
to as the "Agreement");
B. WHEREAS, pursuant to Section 13.02 of the Agreement, the Agreement may be
amended in a writing executed by both parties;
C. WHEREAS, in order to modify certain terms of the Agreement, including certain
rights and obligations associated with the Capital Improvements and additional contributions to
the Capital Reserve Account, Verotown and the County now desire to amend the Agreement as
hereinafter set forth, in accordance with the terms and conditions of this Second Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter contained, and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Verotown and the County hereby agree to amend the Agreement as follows:
Recitals; Defined Terms. The above Recitals are true and correct and are hereby
incorporated herein by reference. All capitalized terms not defined herein shall be given
the meanings ascribed thereto in the Agreement.
2. County Improvements. Section 8.04(a)(5) of the Agreement is hereby deleted in its
entirety, it being acknowledged and agreed by the parties that, in exchange for the County
depositing the sum of Two Hundred Thousand and No/100 Dollars ($200,000.00) (the
"Holman Reimbursement Amount") into the Capital Reserve Account within three (3)
business days after the Amendment Effective Date, the County shall be relieved of its
obligations set forth in Section 8.04(a)(5). The Holman Reimbursement Amount shall only
be used by Verotown to fund maintenance, Capital Improvements, and Repairs or
Replacements to Holman Stadium or any portion thereof but shall not be subject to any
restriction or limitation set forth in Sections 8.01 or 8.05(b) of the Agreement (but shall be
otherwise subject to the approval process for disbursement in Section 8.03 of the
Agreement).
3. Definitions. Section 1.02 of the Agreement is hereby amended by adding the following
defined term in the proper alphabetical order:
"Executive Building" means the offices, meeting rooms, fitness room, four (4)
batting cages and storage area located in Championship Hall, and, to the extent
required to comply with applicable permit requirements, all appurtenant parking,
hardscape, landscape, walkway, and canopy improvements extending from the
main entrance of Championship Hall.
4. Second Amendment Work, Additional Contribution to the Capital Reserve Account.
(a) Section 8.05(a) of the Agreement is hereby amended to add the following additional
Verotown Improvements (hereinafter collectively referred to as the "Second Amendment
Work"), which Second Amendment Work shall be completed by Verotown to both parties'
reasonable satisfaction no later than December 31, 2024:
"18. Utilizing a certified asbestos contractor that employs proper removal and
disposal practices, prescribed by the United States Environmental Protection Agency
(EPA), obtain all the necessary Federal, State, and Local permits, including building
permits, and cause to be performed the removal of non -friable asbestos within the walls
jointly identified by the parties in the hotel rooms set forth in Exhibit "A," replacement of
any walls removed with like walls in the same locations, and repair of any damage related
thereto to a standard as reasonably determined by Verotown; and
19. Demolish, design, permit, and reconstruct the Executive Building
reasonably similar to the facility rendering shown in Exhibit `B" to this Second
Amendment. The parties acknowledge that the new Executive Building will include all
appurtenant parking, hardscape, landscape, walkway, and canopy improvements required
to comply with applicable permitting requirements, and at Verotown's sole option may
contain additional improvements to these appurtenant facilities.
(b) As consideration for, and as a condition precedent to, Verotown performing the
Second Amendment Work, within three (3) business days after the Amendment Effective
Date the County shall deposit the following sums into the Capital Reserve Account (the
"Second Amendment Fund Amount"):
1. Five Hundred Seventy Thousand and No/100 Dollars ($570,000.00) for the
project described in Section 8.05(a)(18); and
2 2t�) -5
2. Three Million, Five Hundred Thousand and No/100 Dollars
($3,500,000.00) for the project described in Section 8.05(a)(19).
(c) Section 8.05(b) of the Agreement is hereby amended by adding the following
sentence pertaining to the Second Amendment Work:
"The Second Amendment Work, as identified in Sections 8.05(a)(18) and (19)
above, shall be eligible for full reimbursement from the County from the Capital
Reserve Account up to the amount of Five Hundred Seventy Thousand and No/ 100
Dollars ($570,000.00) for the project described in Section 8.05(a)(18) and up to the
amount of Three Million, Five Hundred Thousand and No/100 Dollars
($3,500,000.00) for the project described in Section 8.05(a)(19)."
(d) Any portion of the Second Amendment Fund Amount not utilized for the project
for which it was allocated in accordance with Section 4(b) of this Second Amendment shall
be returned to the County. If the cost of the Second Amendment Work exceeds the project
amounts allocated in Section 4(b) of this Second Amendment, those excess costs shall be
borne by Verotown.
(e) Pursuant to Section 8.01 of the Agreement and notwithstanding anything to the
contrary contained in the Agreement, the County hereby approves and grants to Verotown
the Second Amendment Fund Amount to be used by Verotown to perform the Second
Amendment Work in accordance with the terms of this Second Amendment and such
amount shall not be subject to any restriction outlined in Section 8.02 of the Agreement.
Notwithstanding Section 8.01 of the Agreement, Verotown is not required to obtain
County's approval in connection with the Second Amendment Work and Verotown's
performance of any work associated therewith (including, without limitation, any plans,
drawings, selected materials or design features); provided, however, that Verotown is
required to obtain all necessary site plan approvals and building department permits as
required by law. The provisions of Section 8.03 shall apply to disbursement of the Second
Amendment Fund Amount.
5. Executive Building Repair Obligations._ Section 8.04(b) of the Agreement is hereby
amended by deleting the reference to "Executive Building" therein, it being acknowledged
and agreed to by the parties that County shall be relieved of its obligation to replace the
roof on the Executive Building. Section 16 of the First Amendment to the Amended and
Restated Facility Lease Agreement is hereby deleted in its entirety. Section I I (iii) of the
First Amendment to the Amended and Restated Facility Lease Agreement is hereby deleted
in its entirety.
6. Additional Insurance. Section 17 of the First Amendment to the Amended and Restated
Lease Agreement is hereby amended to read as follows:
"Until the commencement of construction of the Executive Building project described in
Section 8.05(a)(19) or September 1, 2023, whichever occurs sooner, in addition to the
obligations set forth in Section 8.04(e) of the Agreement, the County agrees to reimburse
Verotown up to One Hundred Thousand and No/100 Dollars ($100,000) in documented
3 213-U
business interruption losses that result from a roofing failure of the roof of the Executive
Building that prevents Verotown from fully utilizing the building for its intended purpose."
7. Reimbursement upon County Default. Section 8.03(c)(i) is hereby amended by deleting
"Fourteen Million Four Hundred Fifty Thousand Dollars ($14,450,000)" and replacing it
with "Eighteen Million, Seven Hundred Twenty Thousand and No/100 Dollars
($18,720,000.00)" in lieu thereof; provided, however, that the foregoing amount will be
automatically amended to reflect any amounts returned to the County pursuant to and in
accordance with Section 4(d) of this Second Amendment.
8. Indemnification; Release by County.
(a) To the extent permitted by Florida law, in addition to County's indemnification
obligations under the Agreement, the County agrees, subject to the limitations set forth in
Sections 8.04(d) 1. and 2., to indemnify, save and hold Verotown harmless from any and
all Losses (as defined in the Agreement) that (i) are caused by or related to (x) a failure of
the existing Executive Building roof or (y) the presence, existence or discovery of any mold
in the Executive Building, in each instance prior to the substantial completion of the
Executive Building project described in Section 8.05(a)(19) and/or (ii) arise out of or are
connected with the hotel room asbestos abatement project described in Section 8.05(a)(18)
(the matters set forth in the immediately foregoing clauses (i) and (ii) being referred to
collectively herein as the "Indemnified Matters"); provided that the County will not be
responsible for any Losses for the Indemnified Matters that are directly caused by the gross
negligence or willful misconduct of Verotown and any liability of the County shall be
reduced proportionately to the extent of any contributory fault chargeable by Verotown. In
the event that the Agreement should terminate and/or Verotown should ever cease to be
the lessee under the Agreement, the County does hereby release and forever discharge
Verotown and its respective affiliates, subsidiaries and direct or indirect parent or affiliate
entities and all present, former and future managers, directors, officers, agents,
representatives, employees, contractors, successors and assigns of Verotown and/or its
respective affiliates, subsidiaries and direct or indirect parent entities (collectively, the
"Released Parties") against any and all claims, suits, controversies, actions, causes of
action, cross-claims, counter -claims, demands, debts, compensatory damages, liquidated
damages, punitive or exemplary damages, other damages, claims for costs and attorneys'
fees, or liabilities of any nature whatsoever in law and in equity, both past and present and
whether known or unknown, suspected, or claimed against the County or any of the
Released Parties, which arise out of or are connected with the hotel room asbestos
abatement project described in Section 8.05(a)(18) and/or the Executive Building project
described in Section 8.05(a)(19) (collectively, the "General Release"). The Released
Parties are intended to be third -party beneficiaries of this Amendment, and the General
Release may be enforced by each of them in accordance with the terms hereof in respect
of the rights granted to such Released Parties hereunder.
9. Bid Process. The County hereby finds that it is in the best interest of the County and its
citizens to waive the requirements for bids and a public procurement process pursuant to
the process defined by the Indian River County ordinance and hereby contracts with
Verotown, as the lessee pursuant to the Agreement, to oversee and manage the Second
4
zn3
I
Amendment Work.. As such, Verotown is hereby authorized to independently determine
the selection of any contractors, subcontractors, materialmen and/or agents to perform the
Second Amendment Work.
10. Effect of Second Amendment. Except as specifically amended by this Second Amendment,
the Agreement shall remain in full force and effect and as modified hereby, the Agreement
is ratified and confirmed in all respects. If any of the provisions of this Second Amendment,
or the application thereof to any person or circumstance, shall, to any extent, be invalid or
unenforceable, the remainder of this Second Amendment or the circumstances other than
those as to whom or which it is held invalid or unenforceable shall not be affected thereby,
and every provision of this Second Amendment shall be valid and enforceable to the fullest
extent permitted by law. In the event of any conflict between the terms of this Second
Amendment and the terms of the Agreement, this Second Amendment shall control.
11. Counterparts. This Second Amendment may be executed in two or more counterparts, and,
when so executed, will have the same force and effect as though all signatures appeared on
a single document. Any signature pages of this Second Amendment may be detached from
any counterpart without impairing the legal effect of any signature thereon and may be
attached to another counterpart identical in form thereto but having attached to it one or
more additional signature pages. Electronically transmitted signatures shall be deemed
original signatures.
12. Further Assurances. The County and Verotown shall do and perform, or cause to be done
and performed, any and all such further acts and things, and shall execute and deliver all
such other agreements, certificates, instruments and documents, as the other party may
reasonably request in order to carry out the intent and accomplish the purposes of the
Agreement and this Second Amendment.
13. Construction: Assignment of Construction Warranties. The County and Verotown hereby
agree to utilize commercially reasonable efforts to complete all construction described in
the Agreement and this Second Amendment. Further, the County and Verotown hereby
agree to hold any and all warranties for construction described in the Agreement and this
Second Amendment jointly and severally.
14. Captions and Headings. The captions and headings in this Second Amendment are for
reference only and shall not be deemed to define or limit the scope or intent of any terms,
covenants, conditions or agreements contained herein.
[Remainder of Page Intentionally Left Blank]
5 213-5
IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as of
the day and year first above written.
[Seal]
STATE OF
)ss:
COUNTY OF
VEROTOWN, LLC
By: Office of the Commissioner of Baseball, its
Sole Member
By:_
Name:
Title:
Attest:
Secretary
This instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this _ day of June, 2022 by , as of Verotown, a Delaware
corporation, on its behalf, who [j is personally known to me or [j has produced
as identification.
By:
Notary Public, State of Florida
Print:
My commission expires:
C'!
2i3-°1
Attest: Jeffrey R. Smith, Clerk of Court
By:
Jeffrey R. Smith
Approved as to form and legal sufficiency:
By:
Dylan Reingold, County Attorney
7
INDIAN RIVER COUNTY, FLORIDA
By:
Peter O'Bryan, Chairman
Approved by BCC:
2 C3 --(0
EXHIBIT "A"
Hotel Rooms Identified for Non -Friable Asbestos Wall Removal
[see attached]
Room #
103
108
110
112 suite
114
115
116
117
119 suite
120
121
122
123
127
135 suite
136
137
138
140
142
143
144
145
150
154
158
160
161
163
175
176
181
182
184 suite
185 suite
187
189
190
JACKIE ROBINSON TRAINING
COMPLEX
Villa rooms containing asbestos in the walls:
N
213-)Z
10 Zig-f3
EXHIBIT "B"
Executive Building Rendering
Prepared By,
Record and Return to:
Michael Zito, Esq.
Asst. County Administrator
c/o Indian River County
1801 271h Street
Vero Beach, FL 32960
SECOND AMENDMENT TO THE AMENDED AND RESTATED FACILITY LEASE
AGREEMENT
This SECOND AMENDMENT TO THE AMENDED AND RESTATED FACILITY
LEASE AGREEMENT ("Second Amendment") is made as of the _ day of , 2022
(the "Amendment Effective Date"), by and between Indian River County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "County"), and Verotown, LLC,
a Delaware corporation, (hereinafter referred to as "Verotown").
RECITALS
A. WHEREAS, County and Verotown entered into that certain Amended and
Restated Facility Lease Agreement by and between County and Verotown effectively dated
January 2, 2019 as subsequently amended by that certain First Amendment to the Amended and
Restated Facility Lease Agreement as fully executed on February 161h, 2021 (collectively referred
to as the "Agreement");
B. WHEREAS, pursuant to Section 13.02 of the Agreement, the Agreement may be
amended in a writing executed by both parties;
C. WHEREAS, in order to modify certain terms of the Agreement, including certain
rights and obligations associated with the Capital Improvements and additional contributions to
the Capital Reserve Account, Verotown and the County now desire to amend the Agreement as
hereinafter set forth, in accordance with the terms and conditions of this Second Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter contained, and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Verotown and the County hereby agree to amend the Agreement as
follows:
1. Recitals; Defined Terms. The above Recitals are true and correct and are hereby
incorporated herein by reference. All capitalized terms not defined herein shall be given
the meanings ascribed thereto in the Agreement.
2. County Improvements. Section 8.04(a)(5) of the Agreement is hereby deleted in its
entirety, it being acknowledged and agreed by the parties that, in exchange for the County
depositing the sum of Two Hundred Thousand and No/100 Dollars ($200,000.00) (the
21')- 6
"Holman Reimbursement Amount") into the Capital Reserve Account within three (3)
business days after the Amendment Effective Date, the County shall be relieved of its
obligations set forth in Section 8.04(a)(5). The Holman Reimbursement Amount shall
only be used by Verotown to fund maintenance, Capital Improvements, and Repairs or
Replacements to Holman Stadium or any portion thereof but shall not be subject to any
restriction or limitation set forth in Sections 8.01 or 8.05(b) of the Agreement (but shall
be otherwise subject to the approval process for disbursement in Section 8.03 of the
Agreement).
3. Definitions. Section 1.02 of the Agreement is hereby amended by adding the following
defined term in the proper alphabetical order:
"Executive Building" means the offices, meeting rooms, fitness room, four (4)
batting cages and storage area located in Championship Hall, and, to the extent
required to comply with applicable permit requirements, all appurtenant parking,
hardscape, landscape, walkway, and canopy improvements extending from the
main entrance of Championship Hall.
4. Second Amendment Work; Additional Contribution to the Capital Reserve Account.
(a) Section 8.05(a) of the Agreement is hereby amended to add the following
additional Verotown Improvements (hereinafter collectively referred to as the "Second
Amendment Work"), which Second Amendment Work shall be completed by Verotown
to both parties' reasonable satisfaction no later than December 31, 2024:
"18. Utilizing a certified asbestos contractor that employs proper removal and
disposal practices, prescribed by the United States Environmental Protection Agency
(EPA), obtain all the necessary Federal, State, and Local permits, including building
permits, and cause to be performed the removal of non -friable asbestos within the walls
jointly identified by the parties in the hotel rooms set forth in Exhibit "A," replacement
of any walls removed with like walls in the same locations, and repair of any damage
related thereto to a standard as reasonably determined by Verotown; and
19. Demolish, design, permit, and reconstruct the Executive Building
reasonably similar to the facility rendering shown in Exhibit "B" to this Second
Amendment. The parties acknowledge that the new Executive Building will include all
appurtenant parking, hardscape, landscape, walkway, and canopy improvements required
to comply with applicable permitting requirements, and at Verotown's sole option may
contain additional improvements to these appurtenant facilities.
(b) As consideration for, and as a condition precedent to, Verotown performing the
Second Amendment Work, within three (3) business days after the Amendment Effective
Date the County shall deposit the following sums into the Capital Reserve Account (the
"Second Amendment Fund Amount"):
1. Five Hundred Seventy Thousand and No/100 Dollars ($570,000.00) for
the project described in Section 8.05(a)(18); and
2
2. Three Million, Five Hundred Thousand and No/100 Dollars
($3,500,000.00) for the project described in Section 8.05(a)(19).
(c) Section 8.05(b) of the Agreement is hereby amended by adding the following
sentence pertaining to the Second Amendment Work:
"The Second Amendment Work, as identified in Sections 8.05(a)(18) and (19)
above, shall be eligible for full reimbursement from the County from the Capital
Reserve Account up to the amount of Five Hundred Seventy Thousand and
No/100 Dollars ($570,000.00) for the project described in Section 8.05(a)(18) and
up to the amount of Three Million, Five Hundred Thousand and No/100 Dollars
($3,500,000.00) for the project described in Section 8.05(a)(19)."
(d) Any portion of the Second Amendment Fund Amount not utilized for the project
for which it was allocated in accordance with Section 4(b) of this Second Amendment
shall be returned to the County. If the cost of the Second Amendment Work exceeds the
project amounts allocated in Section 4(b) of this Second Amendment, those excess costs
shall be borne by Verotown.
(e) Pursuant to Section 8.01 of the Agreement and notwithstanding anything to the
contrary contained in the Agreement, the County hereby approves and grants to Verotown
the Second Amendment Fund Amount to be used by Verotown to perform the Second
Amendment Work in accordance with the terms of this Second Amendment and such
amount shall not be subject to any restriction outlined in Section 8.02 of the Agreement.
Notwithstanding Section 8.01 of the Agreement, Verotown is not required to obtain
County's approval in connection with the Second Amendment Work and Verotown's
performance of any work associated therewith (including, without limitation, any plans,
drawings, selected materials or design features); provided, however, that Verotown is
required to obtain all necessary site plan approvals and building department permits as
required by law. The provisions of Section 8.03 shall apply to disbursement of the
Second Amendment Fund Amount.
5. Executive Building Repair Obligations. Section 8.04(b) of the Agreement is hereby
amended by deleting the reference to "Executive Building" therein, it being
acknowledged and agreed to by the parties that County shall be relieved of its obligation
to replace the roof on the Executive Building. Section 16 of the First Amendment to the
Amended and Restated Facility Lease Agreement is hereby deleted in its entirety.
Section II(iii) of the First Amendment to the Amended and Restated Facility Lease
Agreement is hereby
the E*eetitiN,e deleted in its entirety.
6. Additional Insurance. Section 17 of the First Amendment to the Amended and Restated
Lease Agreement is hereby amended to read as follows:
"Until the commencement of construction of the Executive Building project described in
Section 8.05(a)(19) or September 1, 2023, whichever occurs sooner, in addition to the
3
V3 I
obligations set forth in Section 8.04(e) of the Agreement, the County agrees to reimburse
Verotown up to One Hundred Thousand and No/100 Dollars ($100,000) in documented
business interruption losses that result from a roofing failure of the roof of the Executive
Building that prevents Verotown from fully utilizing the building for its intended
purpose."
7. Reimbursement upon County Default. Section 8.03(c)(i) is hereby amended by deleting
"Fourteen Million Four Hundred Fifty Thousand Dollars ($14,450,000)" and replacing it
with "Eighteen Million, Seven Hundred Twenty Thousand and No/100 Dollars
($18,720,000.00)" in lieu thereof; provided, however, that the foregoing amount will be
automatically amended to reflect any amounts returned to the County pursuant to and iri
accordance with Section 4(d) of this Second Amendment.
8. Indemnification; Release bey.
(a) To the extent permitted by Florida law, in addition to County's indemnification
obligations under the Agreement, until the substantial eampletion of the Exeetitive
Building pr-E�eet dese,.;b ed in Seetion the County agrees, subject to the
limitations set forth in Sections 8.04(d) 1. and 2., to indemnify, save and hold Verotown
harmless from any and all Losses (as defined in the Agreement) that mare caused by or
related tom a failure of theexi�stin. Executive Building roof or (v) the presence,
the. .._._ substantial _ completion of the Executit e Building......l�roject described in _..Section.
... :.:.....
8.05(a)(19) and/or(ii) arise out of or are connected with the hotel room asbestos
abatement project described in Section_ 8.050(18) (the matters set forth in the
immediately foregoing clauses (i) and (ii) being referred to collectively herein as the
"Indemnified Matters"); provided that the County will not be responsible for any Losses
related ifor the c.,e,., tiye Building Ro..laee. ent PrE, eet , the . e f e f the Exeeuti e
Buildiffglndemnified Matters that are directly caused by the gross negligence or willful
misconduct of Verotown and any liability of the County shall be reduced proportionately
to the extent of any contributory fault chargeable by Verotown. In the event that the
Agreement should terminate and/or Verotown should ever cease to be the lessee under
the Agreement, the County does hereby release and forever discharge Verotown and its
respective affiliates, subsidiaries and direct or indirect parent or affiliate entities and all
present, former and future managers, directors, officers, agents, representatives,
employees, contractors, successors and assigns of Verotown and/or its respective
affiliates, subsidiaries and direct or indirect parent entities (collectively, the "Released
Parties") against any and all claims, suits, controversies, actions, causes of action,
cross-claims, counter -claims, demands, debts, compensatory damages, liquidated
damages, punitive or exemplary damages, other damages, claims for costs and attorneys'
fees, or liabilities of any nature whatsoever in law and in equity, both past and present
and whether known or unknown, suspected, or claimed against the County or any of the
Released Parties, which arise out of or are connected with the hotel room asbestos
abatement project described in Section 8.05(a)(18) and/or the Executive Building project
described in Section 8.05(a)(19) (collectively, the "General Release"). The Released
Parties are intended to be third -party beneficiaries of this Amendment, and the General
Release may be enforced by each of them in accordance with the terms hereof in respect
of the rights granted to such Released Parties hereunder.
4
1t3-(?
9. Bid Process. The County hereby finds that it is in the best interest of the County and its
citizens to waive the requirements for bids and a public procurement process pursuant to
the process defined by the Indian River County ordinance and hereby contracts with
Verotown, as the lessee pursuant to the Agreement, to oversee and manage the Second
Amendment Work.. As such, Verotown is hereby authorized to independently determine
the selection of any contractors, subcontractors, materialmen and/or agents to perform the
Second Amendment Work.
10. Effect of Second Amendment. Except as specifically amended by this Second
Amendment, the Agreement shall remain in full force and effect and as modified hereby,
the Agreement is ratified and confirmed in all respects. If any of the provisions of this
Second Amendment, or the application thereof to any person or circumstance, shall, to
any extent, be invalid or unenforceable, the remainder of this Second Amendment or the
circumstances other than those as to whom or which it is held invalid or unenforceable
shall not be affected thereby, and every provision of this Second Amendment shall be
valid and enforceable to the fullest extent permitted by law. In the event of any conflict
between the terms of this Second Amendment and the terms of the Agreement, this
Second Amendment shall control.
11. Counterparts. This Second Amendment may be executed in two or more counterparts,
and, when so executed, will have the same force and effect as though all signatures
appeared on a single document. Any signature pages of this Second Amendment may be
detached from any counterpart without impairing the legal effect of any signature thereon
and may be attached to another counterpart identical in form thereto but having attached
to it one or more additional signature pages. Electronically transmitted signatures shall be
deemed original signatures.
12. Further Assurances. The County and Verotown shall do and perform, or cause to be done
and performed, any and all such further acts and things, and shall execute and deliver all
such other agreements, certificates, instruments and documents, as the other party may
reasonably request in order to carry out the intent and accomplish the purposes of the
Agreement and this Second Amendment.
13. Construction; Assignment of Construction Warranties. The County and Verotown hereby
agree to utilize commercially reasonable efforts to complete all construction described in
the Agreement and this Second Amendment. Further, the County and Verotown hereby
agree to hold any and all warranties for construction described in the Agreement and this
Second Amendment jointly and severally.
14. Captions and Headings. The captions and headings in this Second Amendment are for
reference only and shall not be deemed to define or limit the scope or intent of any terms,
covenants, conditions or agreements contained herein.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as of
the day and year first above written.
VEROTOWN, LLC
By: Office of the Commissioner of Baseball, its
Sole Member
[Seal]
By:_
Name:
Title:
Attest:
Secretary
STATE OF )
)ss:
COUNTY OF )
This instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this _ day of June, 2022 by , as of Verotown, a
Delaware corporation, on its behalf, who [j is personally known to me or [-] has produced
as identification.
By:
Notary Public, State of Florida
Print:
My commission expires:
on
;7-0:3 ZO
INDIAN RIVER COUNTY, FLORIDA
By:
Peter O'Bryan, Chairman
Approved by BCC:
Attest: Jeffrey R. Smith, Clerk of Court
By:
Jeffrey R. Smith
Approved as to form and legal sufficiency:
By:
Dylan Reingold, County Attorney
7
2�3 Z�
EXHIBIT "A"
Hotel Rooms Identified for Non -Friable Asbestos Wall Removal
[see attached]
2 c 3 —2Z
JACKIE ROBINSON TRAINING
COMPLEX
Villa rooms containing asbestos in the walls:
2�3 z3
Room #
103
108
110
112 suite
114
115
116
117
119 suite
120
121
122
123
127
135 suite
136
137
138
140
142
143
144
145
150
154
158
160
161
163
175
176
181
182
184 suite
185 suite
187
189
190
10
Zt3 2Q
213-Z5
EXHIBIT "B"
Executive Building Rendering
12
2(3-Z�o
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PM
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Description
Mike -Jason Second Amendment to Amended and
Moved from
Restated Facility Lease Agreement (MLB 12.23.20)
Document 2 ID
iManage://USA-DrvIS.ONEFIRM.LAW/USA/604788755/14
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#604788755v14<USA-DMS.ONEFIRM. LAW> -
Description
Mike -Jason Second Amendment to Amended and
Restated Facility Lease Agreement (MLB 12.23.20)
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Y
FAWLEYBRYANT'<-:
1
CHAMPIONSHIP HALL CONCEPT
PERSPECTIVE
Prepared By,
Record and Return to:
Michael Zito, Esq.
Asst. County Administrator
c/o Indian River County
1801 27t' Street
Vero Beach, FL 32960
SECOND AMENDMENT TO THE AMENDED AND RESTATED FACILITY LEASE
AGREEMENT
This SECOND AMENDMENT TO THE AMENDED AND RESTATED FACILITY
LEASE AGREEMENT ("Second Amendment") is made as of the _ day of , 2022
(the "Amendment Effective Date"), by and between Indian River County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "County"), and Verotown, LLC,
a Delaware corporation, (hereinafter referred to as "Verotown").
RECITALS
A. WHEREAS, County and Verotown entered into that certain Amended and
Restated Facility Lease Agreement by and between County and Verotown effectively dated
January 2, 2019 as subsequently amended by that certain First Amendment to the Amended and
Restated Facility Lease Agreement as fully executed on February 16', 2021 (collectively referred
to as the "Agreement");
B. WHEREAS, pursuant to Section 13.02 of the Agreement, the Agreement may be
amended in a writing executed by both parties;
C. WHEREAS, in order to modify certain terms of the Agreement, including certain
rights and obligations associated with the Capital Improvements and additional contributions to
the Capital Reserve Account, Verotown and the County now desire to amend the Agreement as
hereinafter set forth, in accordance with the terms and conditions of this Second Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter contained, and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Verotown and the County hereby agree to amend the Agreement as follows:
1. Recitals; Defined Terms. The above Recitals are true and correct and are hereby
incorporated herein by reference. All capitalized terms not defined herein shall be given
the meanings ascribed thereto in the Agreement.
2. County Improvements. Section 8.04(a)(5) of the Agreement is hereby deleted in its
entirety, it being acknowledged and agreed by the parties that, in exchange for the County
depositing the sum of Two Hundred Thousand and No/100 Dollars ($200,000.00) (the
"Holman Reimbursement Amount") into the Capital Reserve Account within three (3)
WE
business days after the Amendment Effective Date, the County shall be relieved of its
obligations set forth in Section 8.04(a)(5). The Holman Reimbursement Amount shall only
be used by Verotown to fund maintenance, Capital Improvements, and Repairs or
Replacements to Holman Stadium or any portion thereof but shall not be subject to any
restriction or limitation set forth in Sections 8.01 or 8.05(b) of the Agreement (but shall be
otherwise subject to the approval process for disbursement in Section 8.03 of the
Agreement).
3. Definitions. Section 1.02 of the Agreement is hereby amended by adding the following
defined term in the proper alphabetical order:
"Executive Building" means the offices, meeting rooms, fitness room, four (4)
batting cages and storage area located in Championship Hall, and, to the extent
required to comply with applicable permit requirements, all appurtenant parking,
hardscape, landscape, walkway, and canopy improvements extending from the
main entrance of Championship Hall.
4. Second Amendment Work; Additional Contribution to the Capital Reserve Account.
(a) Section 8.05(a) of the Agreement is hereby amended to add the following additional
Verotown Improvements (hereinafter collectively referred to as the "Second Amendment
Work"), which Second Amendment Work shall be completed by Verotown to both parties'
reasonable satisfaction no later than December 31, 2024:
"18. Utilizing a certified asbestos contractor that employs proper removal and
disposal practices, prescribed by the United States Environmental Protection Agency
(EPA), obtain all the necessary Federal, State, and Local permits, including building
permits, and cause to be performed the removal of non -friable asbestos within the walls
jointly identified by the parties in the hotel rooms set forth in Exhibit "A," replacement of
any walls removed with like walls in the same locations, and repair of any damage related
thereto to a standard as reasonably determined by Verotown; and
19. Demolish, design, permit, and reconstruct the Executive Building
reasonably similar to the facility rendering shown in Exhibit `B" to this Second
Amendment. The parties acknowledge that the new Executive Building will include all
appurtenant parking, hardscape, landscape, walkway, and canopy improvements required
to comply with applicable permitting requirements, and at Verotown's sole option may
contain additional improvements to these appurtenant facilities.
(b) As consideration for, and as a condition precedent to, Verotown performing the
Second Amendment Work, within three (3) business days after the Amendment Effective
Date the County shall deposit the following sums into the Capital Reserve Account (the
"Second Amendment Fund Amount"):
1. Five Hundred Seventy Thousand and No/100 Dollars ($570,000.00) for the
project described in Section 8.05(a)(18); and
2 215
2. Three Million, Five Hundred Thousand and No/100 Dollars
($3,500,000.00) for the project described in Section 8.05(a)(19).
(c) Section 8.05(b) of the Agreement is hereby amended by adding the following
sentence pertaining to the Second Amendment Work:
"The Second Amendment Work, as identified in Sections 8.05(a)(18) and (19)
above, shall be eligible for full reimbursement from the County from the Capital
Reserve Account up to the amount of Five Hundred Seventy Thousand and No/ 100
Dollars ($570,000.00) for the project described in Section 8.05(a)(18) and up to the
amount of Three Million, Five Hundred Thousand and No/100 Dollars
($3,500,000.00) for the project described in Section 8.05(a)(19)."
00_;-
(d) Any portion of the Second Amendment Fund Amount not utilized for the project
for which it was allocated in accordance with Section 4(b) of this Second Amendment shall
be returned to the County. If the cost of the Second Amendment Work exceeds the project
amounts allocated in Section 4(b) of this Second Amendment, those excess costs shall be
borne by Verotown. x'
(e) Pursuant to Section 8.01 of the Agreement and notwithstanding anything to the
contrary contained in the Agreement, the County hereby approves and grants to Verotown
the Second Amendment Fund Amount to be used by Verotown to perform the Second
Amendment Work in accordance with the terms of this Second Amendment and such
amount shall not be subject to any restriction outlined in Section 8.02 of the Agreement.
Notwithstanding Section 8.01 of the Agreement, Verotown is not required to obtain
County's approval in connection with the Second Amendment Work and Verotown's
performance of any work associated therewith (including, without limitation, any plans,
drawings, selected materials or design features); provided, however, that Verotown is
required to obtain all necessary site plan approvals and building department permits as
required by law. The provisions of Section 8.03 shall apply to disbursement of the Second
Amendment Fund Amount.
Executive Building Repair Obligations. Section 8.04(b) of the Agreement is hereby
amended by deleting the reference to "Executive Building" therein, it being acknowledged
and agreed to by the parties that County shall be relieved of its obligation to replace the
roof on the Executive Building. Section 16 of the First Amendment to the Amended and
Restated Facility Lease Agreement is hereby deleted in its entirety. Section I I(iii) of the
First Amendment to the Amended and Restated Facility Lease Agreement is hereby
amended to provide that the County shall be relieved of its obligations in such Section
I I (iii) upon Verotown's commencement of construction of the Executive Building.
6. Additional Insurance. Section 17 of the First Amendment to the Amended and Restated
Lease Agreement is hereby amended to read as follows:
"Until the commencement of construction of the Executive Building project described in
Section 8.05(a)(19) or September 1, 2023, whichever occurs sooner, in addition to the
obligations set forth in Section 8.04(e) of the Agreement, the County agrees to reimburse
216
Verotown up to One Hundred Thousand and No/ 100 Dollars ($100,000) in documented
business interruption losses that result from a roofing failure of the roof of the Executive
Building that prevents Verotown from fully utilizing the building for its intended purpose."
7. Reimbursement upon County Default. Section 8.03(c)(i) is hereby amended by deleting
"Fourteen Million Four Hundred Fifty Thousand Dollars ($14,450,000)" and replacing it
with "Eighteen Million, Seven Hundred Twenty Thousand and No/100 Dollars
($18,720,000.00)" in lieu thereof; provided, however, that the foregoing amount will be
automatically amended to reflect any amounts returned to the County pursuant to and in
accordance with Section 4(d) of this Second Amendment.
8. Indemnification; Release by County.
(a) To the extent permitted by Florida law, in addition to County's indemnification
obligations under the Agreement, until the substantial completion of the Executive
Building project described in Section 8.05(a)(19), the County agrees to indemnify, save
and hold Verotown harmless from any and all Losses (as defined in the Agreement) that
are caused by or related to a failure of the Executive Building roof, provided that the
County will not be responsible for any Losses related to the Executive Building
Replacement Project or the roof of the Executive Building that are directly caused by the
gross negligence or willful misconduct of Verotown and any liability of the County shall
be reduced proportionately to the extent of any contributory fault chargeable by Verotown.
In the event that the Agreement should terminate and/or Verotown should ever cease to be
the lessee under the Agreement, the County does hereby release and forever discharge
Verotown and its respective affiliates, subsidiaries and direct or indirect parent or affiliate
entities and all present, former and future managers, directors, officers, agents,
representatives, employees, contractors, successors and assigns of Verotown and/or its
respective affiliates, subsidiaries and direct or indirect parent entities (collectively, the
"Released Parties") against any and all claims, suits, controversies, actions, causes of
action, cross-claims, counter -claims, demands, debts, compensatory damages, liquidated
damages, punitive or exemplary damages, other damages, claims for costs and attorneys'
fees, or liabilities of any nature whatsoever in law and in equity, both past and present and
whether known or unknown, suspected, or claimed against the County or any of the
Released Parties, which arise out of or are connected with the hotel room asbestos
abatement project described in Section 8.05(a)(18) and/or the Executive Building project
described in Section 8.05(a)(19) (collectively, the "General Release"). The Released
Parties are intended to be third -party beneficiaries of this Amendment, and the General
Release may be enforced by each of them in accordance with the terms hereof in respect
of the rights granted to such Released Parties hereunder.
9. Bid Process. The County hereby finds that it is in the best interest of the County and its
citizens to waive the requirements for bids and a public procurement process pursuant to
the process defined by the Indian River County ordinance and hereby contracts with
Verotown, as the lessee pursuant to the Agreement, to oversee and manage the Second
Amendment Work.. As such, Verotown is hereby authorized to independently determine
the selection of any contractors, subcontractors, materialmen and/or agents to perform the
Second Amendment Work.
4 217
10. Effect of Second Amendment. Except as specifically amended by this Second Amendment,
the Agreement shall remain in full force and effect and as modified hereby, the Agreement
is ratified and confirmed in all respects. If any of the provisions of this Second Amendment,
or the application thereof to any person or circumstance, shall, to any extent, be invalid or
unenforceable, the remainder of this Second Amendment or the circumstances other than
those as to whom or which it is held invalid or unenforceable shall not be affected thereby,
and every provision of this Second Amendment shall be valid and enforceable to the fullest
extent permitted by law. In the event of any conflict between the terms of this Second
Amendment and the terms of the Agreement, this Second Amendment shall control.
11. Counterparts. This Second Amendment may be executed in two or more counterparts, and,
when so executed, will have the same force and effect as though all signatures appeared on
a single document. Any signature pages of this Second Amendment may be detached from
any counterpart without impairing the legal effect of any signature thereon and may be
attached to another counterpart identical in form thereto but having attached to it one or
more additional signature pages. Electronically transmitted signatures shall be deemed
original signatures.
12. Further Assurances. The County and Verotown shall do and perform, or cause to be done
and performed, any and all such further acts and things, and shall execute and deliver all
such other agreements, certificates, instruments and documents, as the other party may
reasonably request in order to carry out the intent and accomplish the purposes of the
Agreement and this Second Amendment.
13. Construction; Assignment of Construction Warranties. The County and Verotown hereby
agree to utilize commercially reasonable efforts to complete all construction described in
the Agreement and this Second Amendment. Further, the County and Verotown hereby
agree to hold any and all warranties for construction described in the Agreement and this
Second Amendment jointly and severally.
14. Captions and Headings. The captions and headings in this Second Amendment are for
reference only and shall not be deemed to define or limit the scope or intent of any terms,
covenants, conditions or agreements contained herein.
[Rema' er of Page Intentionally Left Blank]
218
IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as of
the day and year first above written.
[Seal]
STATE OF )
)ss:
COUNTY OF )
VEROTOWN, LLC
-b-
By: Office of the Commissioner of Baseball, its
Sole Member
This instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this _ day of June, 2022 by , as of Verotown, a Delaware
corporation, on its behalf, who [_] is personally known to me or [j has produced
as identification.
By:
Notary Public, State of Florida
` Print:
My commission expires:
6 219
INDIAN RIVER COUNTY, FLORIDA
By:
Peter O' Bryan, Chairman
Approved by BCC:
Attest: Jeffrey R. Smith, Clerk of Court
By:
Jeffrey R. Smith
Approved as to form and legal sufficiency:
By:
Dylan Reingold, County Attorney
220
EXHIBIT "A"
Hotel Rooms Identified for Non -Friable Asbestos Wall Removal
[see attached]
221
Room #
103
108
110
112 suite
114
115
116
117
119 suite
120
121
122
123
127
135 suite
136
137
138
140
142
143
144
145
150
154
158
160
161
163
175
176
181
182
184 suite
185 suite
187
189
190
JACKIE ROBINSON TRAINING
COMPLEX
Villa rooms containing asbestos in the walls:
0
222
10 223
EXHIBIT `B"
Executive Building Rendering
11 224
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Prepared By,
Record and Return to:
Alex Rosen, Esq.
Verotown, LLC
c/o Major League Baseball
1271 Avenue of the Americas
New York, New York 10020
FIRST AMENDMENT TO THE AMENDED AND RESTATED FA LITY LEASE
AGREEMENT
This FIRST AMENDMENT TO THE AMENDED AND RESTATED FACILITY LEASE
AGREEMENT ("Amendment") is made as of the _ day of January, 2021 (the "Effective Date"),
by and between Indian River County, Florida, a political subdivision of the State of Florida
(hereinafter referred to as the "County"), and Verotown, LLC, a Delaware corporation, (hereinafter
referred to as "Verotown").
RECITALS
A. WHEREAS, County and MiLB Vero Beach, LLC, a Florida limited liability
company (the "Initial Tenant") entered into that certain Facility Lease Agreement effectively dated
May 1, 2009 whereby County leased that certain real property located in Vero Beach, Florida, and
known generally as "Dodgertown" (the "Facility") and being more particularly described in
Exhibit "A" of the Agreement, as further amended by that certain First Amendment to Facility
Lease Agreement by and between the County and the Initial Tenant effectively dated June 1, 2011,
as further amended by that certain Second Amendment to Facility Lease Agreement by and
between the County and Initial Tenant effectively dated January 1, 2012, as further amended by
that certain Third Amendment to Facility Lease Agreement by and between County and Verotown
effectively dated July 16, 2013, as ftulher amended by that certain Fourth Amendment to Facility
Lease Agreement by and between County and Verotown effectively dated January 21, 2014, and
as further amended by that certain Fifth Amendment to Facility Lease Agreement by and between
County and Verotown effectively dated April 1, 2014, and as further amended by that certain
Amended and Restated Facility Lease Agreement by and between County and Verotown
effectively dated January 2, 2019 (collectively referred to as the "Agreement");
B. WHEREAS, pursuant to Section 13.02 of the Agreement, the Agreement may be
amended in a writing executed by both parties;
C. WHEREAS, in order to modify certain terms of the Agreement, including certain
rights and obligations associated with the Capital Improvements and additional contributions to
the Capital Reserve Account, Verotown and the County now desire to amend the Agreement as
hereinafter set forth, in accordance with the terms and conditions of this Amendment.
227
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter contained, and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Verotown and the County hereby agree to amend the Agreement as follows:
1. Recitals; Defined Terms. The above Recitals are true and correct and are hereby
incorporated herein by reference. All capitalized terms not defined herein shall be given
the meanings ascribed thereto in the Agreement.
2. Additional Contribution to the Capital Reserve Account. The parties acknowledge and
hereby agree, pursuant to Section 8.04(a) of the Agreement, County shall no longer be
obligated to (i) remove and replace the press box at Holman Stadium (including the stairs
leading up to the current press box) (the "Press Box"); and (ii) replace the first and third
base concession stands at Holman Stadium. It being acknowledged and agreed by County
and Verotown that Verotown shall renovate the Press Box, repair the roof of the home
plate concession stand and renovate the home plate and third base restrooms at Holman
Stadium (collectively, the "New Renovations") pursuant to Section 8.05(a) of the
Agreement, as herein amended. Verotown's obligation to perform the New Renovations
shall be conditioned upon the following: (i) on the Effective Date hereof, or such later date
as may be mutually agreed to by the parties, the County shall deposit into the Capital
Reserve Account the sum of Two Million and Fifty Thousand and No/100 Dollars
($2,050,000) to cover the costs of the New Renovations (the "New Renovation Fund
Amount"); and (ii) prior to the commencement of the New Renovations, and subject to
Verotown's reasonable satisfaction, complete the County Improvements as outlined in
Sections 8.04(a)(1) and 8.04(a)(2) of the Agreement, as amended. Notwithstanding the
foregoing, nothing herein or in the Agreement shall release County of its obligations to
remove the existing first and third base concession stands as contemplated in Section
8.04(a) of the Agreement.
3. County Approval of the New Renovations. Pursuant to Section 8.01 of the Agreement and
notwithstanding anything in the Agreement to the contrary, County hereby approves and
grants to Verotown the New Renovation Fund Amount to be used by Verotown in
accordance with Section 8.05(b) of the Agreement, as amended; and such amount shall not
be subject to any restriction outlined in Section 8.02 of the Agreement. Verotown is not
required to obtain County approval for the design of the replacement Press Box. Verotown
is required to obtain all necessary site plan approvals and building department permits as
required by law. In accordance with the provisions of Section 8.01 of the Agreement, the
expenditures to be made for the New Renovations will be subject to the approval of the
County, which approval shall not be unreasonably withheld, unreasonably conditioned or
unreasonably delayed, and will be granted in accordance with Section 8.03 of the
Agreement.
4. Section 1.02 of the Agreement is hereby amended by adding the following defined term in
the proper alphabetical order:
""Press Box" means the existing press box at Holman Stadium, including
the stairs leading up to the press box as of the Effective Date."
2 228
Section 4.05 of the Agreement is hereby amended by deleting "Chris Haydock" and
inserting "Rachelle Madrigal" in lieu thereof.
6. Section 8.03(c)(i) of the Agreement is hereby amended by deleting "Twelve Million Four
Hundred Thousand and No/100 Dollars ($12,400,000)" and inserting "Fourteen Million
Four Hundred Fifty Thousand and No/ 100 Dollars ($14,450,000)" in lieu thereof.
7. Section 8.04(a) of the Agreement is hereby amended to extend the time frame for
completion of certain County Improvements described in Sections 8.04(a)(5), to four (4)
years from the Effective Date.
8. Section 8.04(a)(1) of the Agreement is hereby deleted in its entirety and replaced with the
following in lieu thereof:
"1. removal of the first base concession stand at Homan Stadium;"
9. Section 8.04(a)(2) of the Agreement is hereby deleted in its entirety and replaced with the
following in lieu thereof:
"2. removal of the third base concession stand at Holman Stadium;"
10. Section 8.04(a)(3) of the Agreement is hereby deleted in its entirety and replace with the
following in lieu thereof:
"3. RESERVED."
11. Section 8.04(a)(4) of the Agreement is hereby amended by deleting "August 31, 2019" and
inserting "March 31, 2020" in lieu thereof, however, notwithstanding the provisions of
Section 7 of this Amendment, the County shall complete the jointly identified mold
remediation at the following areas of the Existing Facility in accordance with the following
timelines: (i) Conference Center within one (1) year from receipt of certificate of
completion on the current Conference Center roof project; (ii) Vero Beach Dodger Office
(Ticket Office) upon the earlier of eight (8) months after receipt of a satisfactory indoor air
quality assessment from the County's consultant and July 1, 2022; and (iii) Executive
Building no earlier than the completion of the permanent roof in accordance with Section
16 of this Amendment and no later than December 31, 2023.
12. Section 8.05(a) of the Agreement is hereby amended to extend the time frame for
completion of certain Verotown Improvements described in Sections 8.05(a)(7),
8.05(a)(8), 8.05(a)(11) to four (4) years from the Effective Date and 8.05(a)(5), 8.05(a)(10),
and 8.05(a)(12) to five (5) years from the Effective Date.
13. Section 8.05(a) of the Agreement is hereby amended to add new Sections 8.05(a)(14),
8.05(a)(15), 8.05(a)(16) and 8.05(a)(17) which shall read as follows:
14. Renovation of home plate restrooms at Holman Stadium;
15. Renovation of third base restrooms at Holman Stadium;
3 229
16. Renovation of the Press Box at Holman Stadium; and
17. Repair the roof of the home plate concession stand at Holman Stadium.
14. The first sentence of Section 8.05(b) of the Agreement is deleted in its entirety and replaced
with the following in lieu thereof:
"Up to fifty percent (50%) of the costs of the Verotown Improvements identified in
paragraphs (a)(1) through (a)(13) above will be eligible for reimbursement to
Verotown from the Capital Reserve Account. The Verotown Improvements
identified in paragraphs (a)(14) through (a)(17) above shall be eligible for full
reimbursement from the County from the Capital Reserve Account. Should the
costs of the Verotown Improvements identified in paragraphs (a)(14) through
(a)(17) above be less than Two Million Fifty Thousand and No/100 Dollars
($2,050,000), any difference may be used for any past, current or future Capital
Improvement, Repairs and Replacements or Facility maintenance as determined in
Verotown's sole discretion.
15. Section 13.01 of the Agreement is hereby amended by deleting "245 Park Avenue, New
York, New York 10167" and inserting "1271 Avenue of the Americas, New York, New
York 10020" in lieu thereof.
16. Executive Building Roof. The County and Verotown hereby acknowledge that the
temporary roof of the Executive Building constructed by the County does not satisfy the
County Improvement obligations identified in the Agreement or this Amendment. The
parties agree that the County remains obligated to replace such temporary roof with a
permanent roof and the construction on such permanent roof shall commence on or before
September 23, 2022 (with the County to complete such construction to Verotown's
reasonable satisfaction as soon as reasonably possible following its commencement but not
later than March 31, 2023). In addition to completing the construction of the permanent
roof on or before March 31, 2023, the County shall complete its obligations to remediate
any mold in the Executive Building after the installation of the permanent roof and prior to
December 31, 2023.
17. Additional Insurance. Until the completion of the permanent roof replacement pursuant to
Section 16 of this Amendment, in addition to the obligations set forth in Section 8.04(e) of
the Agreement, the County agrees to reimburse Verotown up to One Hundred Thousand
and No/100 Dollars ($100,000.00) in documented business interruption losses that result
from a roofing failure of the roof of the Executive Building that prevents Verotown from
fully utilizing the Building for its intended purpose."
18. Due Diligence. Within twenty (20) days of the Effective Date, County shall deliver to
Verotown copies of all documents related to any construction activities of the Press Box
and the first and third base concession stands, including, but not limited, to any
environmental reports, asbestos inspections, and architectural construction and engineering
documents (collectively, the "Documents"). No later than twenty (20) days after the
4 230
completion of the County's removal of the first and third base concession stands, County
shall deliver to Verotown any additional and/or updated Documents.
19. Assignment of Existing Contracts. In the event Verotown, in Verotown's sole and absolute
discretion, elects to assume any contract related to the Press Box and/or first and third base
concession stands, County shall use its best efforts to effectuate the assignment.
Notwithstanding the foregoing, nothing in this Amendment or the Agreement shall require
Verotown to assume any contract related to the Press Box or the first and third base
concession stands currently entered into by County.
20. Indemnification; Release by County. To the extent permitted by Florida law, in addition to
County's indemnification obligations under the Agreement, County agrees to indemnify,
save and hold Verotown harmless from any and all Losses (as defined in the Agreement)
arising or occurring prior to the completion of the New Renovations and the permanent
roof of the Executive Building that are directly related to the New Renovations or the roof
of the Executive Building; provided that the County will not be responsible for any Losses
related to the New Renovations or the roof of the Executive Building that are directly
caused by the gross negligence or willful misconduct of Verotown and any liability of the
County shall be reduced proportionately to the extent of any contributory fault chargeable
by Verotown. In the event that the Agreement should terminate and/or Verotown should
ever cease to be the lessee under the Agreement, the County does hereby release and
forever discharge Verotown and its respective affiliates, subsidiaries and direct or indirect
parent or affiliate entities and all present, former and future managers, directors, officers,
agents, representatives, employees, successors and assigns of Verotown and/or its
respective affiliates, subsidiaries and direct or indirect parent entities (collectively, the
"Released Parties") against any and all claims, suits, controversies, actions, causes of
action, cross-claims, counter -claims, demands, debts, compensatory damages, liquidated
damages, punitive or exemplary damages, other damages, claims for costs and attorneys'
fees, or liabilities of any nature whatsoever in law and in equity, both past and present and
whether known or unknown, suspected, or claimed against the County or any of the
Released Parties, which arise out of or are connected with the Facility, including without
limitation, the New Renovations (the "General Release"). The Released Parties are
intended to be third -party beneficiaries of this Amendment, and the General Release may
be enforced by each of them in accordance with the terms hereof in respect of the rights
granted to such Released Parties hereunder.
21. Bid Process. The County hereby finds that it is in the best interest of the County and its
citizens to waive the requirements for bids and a public procurement process pursuant to
the process defined by the Indian River County ordinance and hereby contracts with
Verotown, as the lessee pursuant to the Agreement, to oversee and manage the New
Renovations, specifically including the renovation of the Press Box. As such, Verotown
is hereby authorized to independently determine the selection of any contractors,
subcontractors and/or agents to perform the work associated with New Renovations and
specifically including the renovation of the Press Box.
22. Effect of First Amendment. Except as specifically amended by this Amendment, the
Agreement shall remain in full force and effect and as modified hereby, the Agreement is
5 231
ratified and confirmed in all respects. If any of the provisions of this Amendment, or the
application thereof to any person or circumstance, shall, to any extent, be invalid or
unenforceable, the remainder of this Amendment or the circumstances other than those as
to whom or which it is held invalid or unenforceable shall not be affected thereby, and
every provision of this Amendment shall be valid and enforceable to the fullest extent
permitted by law. In the event of any conflict between the terms of this Amendment and
the terms of the Agreement, this Amendment shall control.
23. Counterparts. This Amendment may be executed in two or more counterparts, and, when
so executed, will have the same force and effect as though all signatures appeared on a
single document. Any signature pages of this Amendment may be detached from any
counterpart without impairing the legal effect of any signature thereon and may be attached
to another counterpart identical in form thereto but having attached to it one or more
additional signature pages. Electronically transmitted signatures shall be deemed original
signatures.
24. Further Assurances. The County and Verotown shall do and perform, or cause to be done
and performed, any and all such further acts and things, and shall execute and deliver all
such other agreements, certificates, instruments and documents, as the other party may
reasonably request in order to carry out the intent and accomplish the purposes of the
Agreement and this Amendment.
25. Construction; Assignment of Construction Warranties. The County and Verotown hereby
agree to utilize commercially reasonable efforts to complete all construction described in
the Agreement and the Amendment. Further, the County and Verotown hereby agree to
hold any and all warranties for construction described in the Agreement and the
Amendment jointly and severally.
26. Captions and Headings. The captions and headings in this Amendment are for reference
only and shall not be deemed to define or limit the scope or intent of any terms, covenants,
conditions or agreements contained herein.
[Remainder of Page Intentionally Left Blank]
6 232
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the day
and year first above written.
VEROTOWN, LLC
By: Office of the Commissiow'of Baseball, its
Sole Member
[Seal]
By:
Name:
Title:
Attest:
Secretary
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2019, by, as of Verotown, a Delaware
corporation, on behalf of such entity. He is personally known to me or produced a valid driver's
license as identification.
Notary Public
Print Name:
My commission expires:
7 233
CLERK OF THE CIRCUIT COURT
OF INDIAN RIVER COUNTY, FLORIDA
By:
STATE OF FLORIDA )
)ss:
COUNTY OF INDIAN RIVER )
The foregoing instrument was acknowledged before me this day of
, 2019, by , as Clerk of the Circuit Court
of Indian River County, Florida. He/She is personally known to me or produced a valid driver's
license as identification.
Notary Public
Print Name:
My commission expires:
8 234
Back-up for Feb 9, 2021 item I I.B.
Excerpt from 12/18/18 Item 11.A.
Office of the
INDIAN RIVER COUNTY
�_.�.�. 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: December 10, 2018
SUBJECT: Historic Dodgertown Facility Lease Agreement
In 1948, the Dodgers set up their Spring Training headquarters in Vero Beach for 26 minor league
teams and more than 600 players, and played their first major league exhibition game on March
31St 1948. During more than 50 years of Dodger ownership by the O'Malley family, Dodgertown
became synonymous with Major League Baseball's best Spring Training base. Walter O'Malley
built the Stadium which opened in 1953 and was dedicated "to Honor Bud L. Holman of the
Friendly City of Vero Beach." The history of Dodgertown is notable as the first integrated Spring
Training Facility, providing a place for Jackie Robinson to train during his historic color barrier
breaking run. Numerous Dodger Hall of Famers have contributed to the distinguished history of
these hallowed grounds including Jackie Robinson, Pee Wee Reese, Duke Snider, Roy
Campanella, Sandy Koufax, Don Drysdale, Don Sutton, Walter Alston, Tommy Lasorda, Branch
Rickey, Walter O'Malley, Vin Scully, Red Barber and Jaime Jarrin. In addition, countless Hall of
Famers from other Major League teams played Spring Training games at Holman Stadium. The
Dodgers and the New York Mets played the first nationally -televised Spring Training game here
on March 20, 1988. Historic Dodgertown was the home of Dodger Spring Training for 60 years
from 1948 to 2008, and was the starting place for six World Championships and 14 National
League Pennant winning teams.
In 2012, Peter O'Malley started the next chapter in Historic Dodgertown history, when he formed
a partnership and took over management of the property as a multi -sport complex. Today, the
facility has never been more active year-round. The all-inclusive facility gives teams of all ages
the unique opportunity to train, play, dine, and stay together.
Two years ago, Peter O'Malley began laying the groundwork for an agreement between Major
League Baseball (MLB) and Indian River County (County) with the goal of developing a
235
Back-up for Feb 9, 2021 item 11.B.
Excerpt from 12/18/18 Item 11.A.
partnership that will preserve Historic Dodgertown. MLB has the vision and the resources to make
great things happen, and they recognize the rich tradition and history of the facility, and what it
has meant to the game of baseball. Their plans will honor, respect, and elevate the history of
Dodgertown. Staff believes that MLB is the best partner to ensure that the next chapter of Historic
Dodgertown is a success.
The existing Facility Lease Agreement between Verotown, LLC (Verotown) and Indian River
County will expire on April 30, 2019. County staff, along with our outside counsel, has worked
with MLB to reach terms of an Amended and Restated Facility Lease Agreement between the two
parties wherein MLB is purchasing the ownership interest in Verotown. The proposed initial term
of this agreement is ten years and eight months with three successive renewal options of five years
each. I am comfortable recommending that the Board approve the amended lease agreement based
on these terms as being in the best interest of the residents of Indian River County. The agreement
represents a partnership where the County and MLB, operating as Verotown, share in the cost of
facility improvements.
In broad summary, the County will be responsible for initial repairs on items consisting mostly of
roof replacements and concession stand replacements/repairs where maintenance had been
deferred during the economic downturn. Verotown will be responsible to make some initial
facility improvements such as an indoor training facility. Additionally, Verotown will make some
facility repairs such as replacing the entire Holman Stadium seating bowl. The County will
reimburse Verotown for 50% of these costs within the limits of the Capital Reserve Account as set
forth in the lease agreement. Other than the County -funded initial improvements, the County's
annual contribution will be its only obligation for facility improvements and maintenance.
Verotown will be responsible for all other capital improvements and maintenance for the duration
of the initial term and any renewal term. The agreement will essentially transition from the County
funding the initial deferred maintenance items, to Verotown and the County sharing Verotown's
initial improvement costs on a 50%/50% basis, to Verotown fully funding any facility costs beyond
the amount approved in the Capital Reserve Fund.
Per the term sheet, the County will be responsible to fund the deferred maintenance items
mentioned above (as detailed in the funding section below) over the first (3) three years. The
estimated cost of these repairs and/or replacements is $4.9 million. It is important to note that
these repairs would be necessary for any tenant to continue operating Historic Dodgertown. Staff
believes it is highly unlikely that any party interested in operating the facility would not require
these improvements to be completed by the County. Simultaneously, Verotown will make initial
improvements mentioned above (as detailed in the funding section below) during the first three (3)
years. County staff has estimated the cost of these improvements at approximately $10 million.
Verotown will be eligible to receive reimbursement for 50% of these costs during the term of the
lease. Based upon these cost estimates, this will exhaust the Capital Reserve Account dollars for
most of the initial 11 -year term. The Capital Reserve Account will be funded by the County in the
amount of $800,000 for the first five years, then $400,000 beginning in Year 6 for the remainder
of the lease (adjusted for inflation beginning in Year 7). Once those funds are exhausted, any
future facility improvements, repairs, and maintenance will be solely the responsibility of
Verotown. Staff anticipates that during the initial l l -year lease term, Verotown's facility expenses
will exceed the County's contribution.
2Page
236
Back-up for Feb 9, 2021 item 11.13.
Excerpt from 12/18/18 Item I LA.
In order to expedite the roofing repairs mentioned above, Verotown will manage these projects
(subject to oversight by the County), with funding provided by the County. County staff requests
that the Board of County Commissioners waive the requirements for bids in order to allow for this
procedurally, per the County Purchasing Code.
Please note, the agreement does require the County to provide parking for large events. The
documents recognize the County's Parking License Agreement with the City, and it is included as
an Exhibit (Exhibit `B") to the Lease Agreement. The lease requires the County to provide 2,000
parking spaces in the event that the Parking License Agreement is terminated during the lease.
This amount does not include the cost of acquiring the City golf course property. As you know,
the County has offered to purchase the Golf Course Property from the City for $2.4 million, which
has not been accepted by the City. In the event that the County purchases this parcel in the future,
the County's total expenditure related to the facility would increase.
County staff has also been working with the developers of Star Suites, which is the hotel that is
currently under construction adjacent to Historic Dodgertown, to secure access to the property
through Flight Safety Drive. We anticipate entering into an agreement to acquire ownership of
Flight Safety Drive and the parcel to the South of the Star Suites, which has been utilized for many
years to access Practice Fields 5 & 6. While the County has recently secured an access easement
over Flight Safety Drive, the planned purchase will ensure final proper access/control of the facility
entrance and the practice fields.
Funding:
As stated above, the County will be responsible for certain initial repairs or replacements to address
some of the deferred maintenance items at the facility (County Improvements), as detailed below.
As noted above, Verotown will manage the roofing projects, with County oversight, in an effort
to expedite their completion. The estimated cost of these roof repairs and replacements is
$2,225,000. It should be noted that last year's Capital Improvements Program included
$1,050,000 in funding for roofing replacements spread across FY 17/18, FY 18/19, and FY 19/20.
The other County Improvements, as detailed below, are projected to cost $2.7 million and are to
be completed within 3 years. This results in a total cost of County Improvements at $4.9 million.
Verotown will be responsible to construct various initial improvements (Verotown Improvements)
as detailed below. County Staff estimates the cost of these improvements at $10 million.
Verotown will be eligible for reimbursement of 50% of these costs from the Capital Reserve
Account. The County will contribute $800,000 per year to the Capital Reserve Account for the
first five (5) years of the lease. In Year 6, the County contribution decreases to $400,000 per year
thereafter (adjusted for inflation beginning in Year 7). Based upon these cost estimates, the
Verotown Improvements will exhaust the Capital Reserve Account dollars for most of the initial
11 -year term.
County Improvements
3 1 P a g e
237
Back-up for Feb 9, 2021 item I I.B.
Excerpt from 12/18/18 Item 11.A.
• Roof repairs or replacements at Vero Beach Dodger Office, Executive Building,
Conference Center, Alston, Koufax and Campanella Buildings, Sleeping Rooms, and
Spring Training Building
• Removal and replacement of 1St and 3rd Base Concession Stands
• Removal and replacement of Press Box (2nd Floor) at Main Concession Stand with a like
facility
• To the extent jointly identified by the parties, any mold remediation needed in the existing
facility
• Remove and replace TV Platforms at Holman Stadium (County may provide camera lifts
as needed for Holman Stadium events)
Verotown Improvements
• A new indoor training facility, which will include;
o Indoor turf infield
o Multiple batting cages/tunnels
o Classrooms
o Office space
o Any demolition need to make room for facility
• Initial WiFi upgrades
• Initial security upgrades including security cameras and keycard entry to buildings
• Fire safety upgrades
• Replace entire seating bowl at Holman Stadium
• Upgrade covered dugout areas at Holman Stadium
• New Scoreboard at Holman Stadium
• Padded outfield fences at Holman Stadium
• NCAA -approved standard turf baseball field
• Initial hotel room upgrades including carpet and bed replacement
• Kitchen replacement including reconstructed/renovated dining and preparation areas and
new kitchen equipment
• Initial signage installation throughout facility
Staffs financing plan is summarized below:
• Partial payoff of 2001 Spring Training Bonds with 4th Cent Tourist Tax Reserves
($1,125,000). This will leave only the State payments of $500,000/ remaining for debt
service.
• Utilize Debt Service Reserves from Half -Cent Sales Tax for a portion of County
Improvement expenses ($1,700,000).
• Utilize funds budgeted for Dodgertown Roofs in FY 17/18 ($450,000), FY 18/19
($300,000), and FY 19/20 ($300,000) for a portion ($1,050,000 total) of County
Improvement expenses.
• Allocate One Cent Sales Tax reserves for remainder of County Improvement expenses in
FY 19/20 and FY 20/21 ($2,175,000 total).
4 1 P a g e
238
Back-up for Feb 9, 2021 item 11.B.
Excerpt from 12/18/18 Item 11.A.
• The Board approved FY 18/19 Capital Improvements Element fully funds the $4,925,000
deferred maintenance items.
• Capital Reserve Fund — Years 1-5 = $800,000/year, Years 6-11 = $400,000/year (as
adjusted for inflation.
o Years 1-3 utilize 4th Cent of Tourist Tax ($650,000/year) with remainder from
One Cent Sales Tax ($150,000)
o Years 4-11 utilize %i of 4th Cent Tourist Tax ($325,000/year) with remainder from
One Cent Sales Tax ($475,000/year in Years 4-5 and $75,000/ year in Years 6-11)
• Requires change to County Code to allow 4th Cent of Tourist Tax ("The Professional Sports
Facility Franchise Tax") to be expended to, "promote and advertise tourism in the State of
Florida and nationally and internationally. However, if the tax revenues are expended for
an activity, service, venue, or event, the activity, service, venue, or event must have as one
of its main purposes the attraction of tourists as evidence by the promotion of the activity,
service, venue, or event to tourists." in accordance with Section 125.0104, Florida Statutes.
The 4" Cent would then be used to fund traditional tourism promotion activities and one
of the first 2 cents would be used to fund Dodgertown facility needs (essentially swapping
the 4th Cent for the 1St Cent).
• In summary this:
o Commits a total of $3,225,000 in One Cent Sales Tax for initial County
Improvement expenses needed to correct some deferred maintenance issues
currently at Dodgertown.
o Provides $1.85 million in One Cent Sales Tax over 11 -year lease for Capital
Reserve Fund, compared to $1.375 million in current lease.
o Makes $75,000/year in Tourist Tax available for tourism promotion immediately
upon lease signing due to elimination of this payment from current lease.
o Makes t/2 of the 4th Cent of Tourist Tax available ($325,000) for other uses
beginning in 2022.
o Makes $125,000/year funding from Half -Cent Sales Tax available to be released to
the General Fund to provide for other County services.
o Limits the County's commitments to the facility to the above referenced items and
requires MLB to fund any other facility needs during the initial 11 -year term
essentially transitioning facility responsibilities to MLB going forward.
o Verotown will provide insurance for the facility, which will provide an annual
premium savings of $70,000
Staff Recommendation:
1. Staff Recommends the Board of County Commissioners approve the attached Amended
and Restated Facility Lease Agreement for Historic Dodgertown.
2. Staff requests that the Board of County Commissioners waive the requirement for bids in
order to allow Verotown to manage roof replacements, with County oversight, for facilities
contemplated in Section 8.04(b) of the agreement and detailed above.
5 1 P a g e
239
Back-up for Feb 9, 2021 item 11.B.
Excerpt from 12/18/18 Item 11.A.
3. Staff recommends the Board of County Commissioners approve a change to the County's
Code to allow for the use of the County's 4t' Cent Tourist Tax (the Professional Sports
Franchise Facility Tax), "To promote and advertise tourism in Florida, nationally and
internationally..." in accordance with Section 125.0104, Florida Statutes, and authorize
staff to advertise for a public hearing to adopt the ordinance on January 15, 2019.
4. Staff recommends that the Board of County Commissioners approve the Financing Plan
detailed above to fund the County's responsibilities under the agreement.
Attachment: Amended and Restated Facility Lease Agreement
61 Page
240
441
V �
INDIAN RIVER COUNTY
MEMORANDUM
TO: Jason E. Brown
County Administrator
THROUGH: Phillip Matson, AICP
Community Development Director
FROM: Andrew Sobczak
Assistant Community Development Director
DATE: June 30, 2022
RE: Exception to Cut and Fill Balance Requirements for Commercial/Industrial
Development in Flood Hazard Areas
It is requested that the Board of County Commissioners formally consider the following information at the
Board's regular meeting of July 12, 2022.
BACKGROUND
Since 1978, Indian River County has participated in the Federal Emergency Management Agency's (FEMA)
National Flood Insurance Program (NFIP). Under the NFIP, flood insurance rates in the unincorporated County
are discounted based on the degree to which the county adopts and implements flood protection standards
(measured by the Community Rating System (CRS) score) that are higher than the minimum NFIP standards.
One such example is the regulation of construction in "Special Flood Hazard Areas" (SFHAs), including
implementation of the County's "cut and fill" balance requirements.
Since 1982, Indian River County has required "cut and fill" balance for development within SFHAs. Also known
as compensatory storage, cut and fill balance requires creation of an equal volume of floodplain storage
capacity for any volume of the base flood that would be displaced by fill or structures within SFHAs. As
specified in County Code subsection 930.07(2)(i) the cut and fill balance requirement applies to all
development within SFHAs, with the following exceptions:
1. Development projects within SFHAs along the Indian River Lagoon granted a waiver by the county
upon showing the development will not create a material adverse impact on flood protection;
2. Subdivided lots of less and one acre that existed prior to July 1, 1990, on the basis that such lots
are too small to balance on each individual lot, and post -1990 lots are mitigated on a subdivision -
wide basis;
3. Development projects located in the St. John's Marsh with soil classifications indicative of marsh
conditions, when granted a waiver by the county based on a lack of material adverse impact; and
4. Development located within the Vero Lake Estates Municipal Services Taxing Unit (MSTU) for
which a waiver has been granted, in consideration of off -setting overall VLE stormwater
improvement
241
In 2017, County Staff was contacted by commercial property owner Ralph Poppell with a request that the
County waive the cut and fill requirement as it pertains to his commercial property located on the south side
of SR 60, west of 1-95, to allow the filling of a + '/Z -acre pond onsite without providing compensatory storage.
At the time, Mr. Poppell expressed concerns that a cut and fill balance requirement was not mandated by
FEMA, and made commercial/industrial development difficult.
ANALYSIS
Following discussions with Mr. Poppell concerning his request, County Staff researched the feasibility of
establishing an exception to the cut and fill balance requirements, and presented a draft Land Development
Regulation revision to the Board on August 15, 2017. At that meeting, the Board voted to approve the draft
Land Development Regulation revision, and directed staff to evaluate the process and report back at a
future meeting. To this end, Staff has re-examined that process and further revised the original draft Land
Development Regulation to limit the size of any one eligible property to five (5) acres.
RECOMMENDATION
Staff recommends that the Board of County Commissioners review the proposed draft changes to Land
Development Regulation Subsection 930.07(2)(i), recommend any changes, and direct Staff to proceed with
the formal adoption process.
ATTACHMENTS
1. Proposed Land Development Regulation Subsection 930.07(2)(i)
2. FEMA Compensatory Storage Information
3. Meeting minutes from the 8/15/2017 Board of County Commissioners meeting
242
Section 930.07. - Review criteria for all development projects.
(2) Flood protection requirements. When a development project, building or structure
is determined to be within a special flood hazard area as defined in County Code
Chapter 901, the development, building or structure shall be subject to the
requirements of this section.
(i) Additional requirements.
1. Cut and fill. An equal volume of storage capacity must be created for
any volume of the base flood that would be displaced by fill or
structures except for the following instances:
a. Those development projects within the special flood hazard
area along the Indian River Lagoon when granted a waiver
from the cut and fill balance requirements by the board of
county commissioners. In the special flood hazard area of the
Indian River Lagoon, an equal volume of storage capacity
must be created for any volume of the base flood that would
be displaced by fill or structures below elevation two and one-
half (2.5) feet NAVD88, or the ten-year flood elevation which
has been determined in the flood insurance study, whichever
is greater. The board of county commissioners may, in its
discretion, grant a waiver from the provisions of this
subsection upon the affirmative showing of the applicant, by
means of a competent engineering study, that the
development project is situated in an estuarine environment
and that the development project, as designed, will meet all
other requirements of the stormwater management and flood
protection chapter and will not create a material adverse
impact on flood protection on other lands in the estuarine
environment.
b. Subdivided lots of less than one (1) acre in area that existed
prior to July 1, 1990. At such time as the county may create
or cause to be brought into existence a stormwater utility or
other entity charged with managing drainage concerns, the
requirements of this section will apply for lots less than one
(1) acre in area existing prior to July 1, 1990, if the utility or
entity has the authority to compensate for fill added in special
flood hazard areas by administering a program that causes
compensation for fill added on individual lots to be mitigated
by contribution to an off site mitigation fund for a central facility
or facilities, owned by the county, the stormwater utility, or
other entity.
C. Those development projects, located in the St. John's Marsh
and within either the Terra Ceia, Holopaw, Delray, Canova,
Gator, or Floridian soil types (as described in the United
States Department of Agriculture Soil Conservation Service
Soil Survey of Indian River County, latest edition) for whir hj
cut and fill waiver has been granted by the board of county
commissioners. The board of county commissioners may, in
its discretion, grant a waiver from the provisions of this
subsection upon the affirmative showing of the applicant, by
means of a competent engineering study, that the
development project, as designed, will meet all other
requirements of the stormwater management and flood
protection chapter and will not create a material adverse
impact on flood protection.
d. Development located within the Vero Lake Estates Municipal
Services Taxing Unit as referenced in Ordinance No. 84-81,
for which a cut and fill waiver has been granted by the board
of county commissioners. The board of county commissioners
may, in its discretion, grant a waiver from the provisions of this
subsection upon the affirmative showing of the applicant, by
means of a competent engineering study, that the
development project, as designed, will meet all other
requirements of the stormwater management and flood
protection chapter and will not create a material adverse
impact on flood protection.
e. Commercial or industrial development located within a
commercial/industrial (C/1) node. In the public interest of
promoting economic development and in recognition of the d
e minimis impact of commercial/industrial development to th
e bas flood within and adjacent to designate
d commerciallindustrial nodes, such development is waive
d from the cut and fill requirements of this subsection. T
o ensure that the impact is de minimis under this exceptio
n, filling on a commercial/industrial site within the special floo
d hazard are shall not displace the base flood volume by mor
e than 500 cubic yards per acre, or occur on a site larger tha
n five (5) acres. Notwithstanding this cut and fill waiver, such
commercial or industrial development shall be subject to all
other applicable stormwater management and flood
protection regulations in this chapter.
No structure or fill shall be permitted within the limits of the floodway
of the St. Sebastian River, South Prong except as provided by
[section] 930.07(2)(a)3.a.
2. No development will be allowed that poses a significant threat of
releasing harmful quantities of pollutants to surface waters or
groundwaters during flooding.
3. If fill is used for foundation support, the elevation of the soil support
shall not be greater than that which would result from the erosion
reasonably anticipated as a result of the design storm conditions.
244
4. All roads shall be set at or above the ten-year flood elevation, but in
no case shall a road be constructed at an elevation below five (5)
feet above sea level. All roads shall be designed to maintain drainage
flow beneath the road bed so that equalization may occur.
5. If a development project is in a special flood hazard area, it must be
demonstrated, in addition to compliance with section 930.07(2), that:
a. The elevation or velocity of the base flood will not be increased
as a result of any obstruction or displacement of flood waters.
b. There is no significant threat of releasing quantities of pollutants
which have the effect of degrading water quality below standards
established in Florida Administrative Code Chapter 17-3, as
amended from time to time, to surface or groundwater during the
base flood.
c. The capacity of the critical flood zone to store and convey surface
waters or perform other significant water management functions
will not be impaired.
245
FEMA -u/ Compensatory Storage
Navigation The purpose of this page is to define compensatory storage, a
commonly used term in floodplain management.
Search
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,�v Definition/Description
Flood Insurance
(/national -flood-
The NFIP floodway standard in 44CFR 60.3 (d) restricts new
insurance -program)
development from obstructing the flow of water and increasing
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flood heights. However, this provision does not address the
(/got -problem)
need to maintain flood storage. Especially in flat areas, the
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Insurance?
floodplain provides a valuable function by storing floodwaters.
(/national -flood-
When fill or are buildings laced in the flood fringe, the flood
g p g
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program/How-Buy-
storage areas are lost and flood heights will go up because
Flood -Insurance)
there is less room for the floodwaters. This is particularly
Flood Insurance
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important in smaller watersheds which respond sooner to
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flood -insurance-
changes in the topography. One approach that may be used to
program/national-
flood-insurance-
address this issue is to require compensatory storage to offset
program -forms)
any loss of flood storage capacity. Some communities adopt
National Flood
more restrictive standards that regulate the amount of fill or
Insurance
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buildings that can displace floodwater in the flood fringe,
Index (/national -
flood -insurance-
Community Rating System credits are available for communities
program -policy-
index)
that adopt compensatory storage requirements.
Accessory
Structures
(/accessory- ✓ Guidance
structures)
Anchoring
(/anchoring) • IS -9 ManaRinR Floodplain Development Through The
Appurtenant National Flood Insurance Program (NFIP
Structure
(/appurtenant- (//www.fema.gov/media-
structure) library/assets/documents/6029) (page 6-21) ATTACAMNIT 4
Board of County Commissioners Meeting Minutes - Final August 15, 2017
describe the area involved in the improvements to 58th Avenue, as Pulte Homes,
Inc. is committed to making four (4) lanes from 49th Street to 53rd Street. He
explained that, as a result of new residential developments in the vicinity already
initiated, staff is recommending a widening extension to the north, across the North
Relief Canal, proceeding to 57th Street.
Commissioner Adams thanked staff for bringing this item forward, and noted that
traffic constraints in the area were already present.
A motion was made by Commissioner Adams, seconded by Commissioner
Zorc, to approve staffs recommendation. The motion carried by the
following vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Solari, and Commissioner Zorc
12.A.2. 17-0839 Request to Consider Establishing an Exception to Cut and Fill Balance
Requirements for Commercial/Industrial Development in Flood Hazard
Areas
Recommended Action: Staff recommends that the Board of County Commissioners re -affirm the policy
of maintaining a CRS classification of "6,"consider the provided information, and
provide direction to staff regarding the requested cut and fill balance exception.
Attachments: Staff report
Attachment 1: PODpell property location ma
Attachment 2: LDR Subsection 930.07(2)(1)
Attachment 3: Draft proposed LDR revision
Attachment 4: FEMA compensatory storage information
Attachment 5: CRS classification information
Attachment 6: Comprehensive Plan policies
Community Development Director Stan Boling presented a request received from
Ralph Poppell, commercial property owner, to establish an exception to the
requirements for cut and fill balances in flood hazard areas. Mr. Poppell would like
to fill a 1/2 acre pond at his commercial/industrial property located at 1931 98th
Avenue.
Discussion ensued amongst the Board, Environmental Planning & Code
Enforcement Chief Roland DeBlois, and Director Boling as to whether allowing for
the exception would affect the County's flood insurance premiums. Due to the fact
that it was a small area, it was decided to approve a minor code amendment to
allow Mr. Poppell to move forward with the project. In addition, the Board
concluded that evaluating the entire process would be beneficial in handling future
requests.
Ralph Poppell, 525 34th Avenue SW, communicated the reasoning behind his
request, along with his knowledge regarding elevation in the Vero Beach area.
Indian River County Florida 2 fa)7e 26
Board of County Commissioners Meeting Minutes - Final August 15, 2017
Bob Johnson, Coral Wind Subdivision, and Joseph Paladin, President, Atlantic Coast
Construction Builders and Black Swan Consulting, both spoke in support of the
Board's decision regarding this matter.
A motion was made by Commissioner Solari, seconded by Chairman
Flescher, to: (1) approve the requested minor code amendment to the Land
Development Regulations (LDR) County Code Subsection 930.07(2)(i); and (2)
direct staff to evaluate the process and report back at a future meeting. The
motion carried by the following vote:
Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Solari, and Commissioner Zorc
B. Emergency Services
C. General Services
1. Human Services
2. Sandridge Golf Club
3. Recreation
D. Human Resources
E. Office of Management and Budget
12.E.1. 17-0882 Indian River County Travel Policy
Recommended Action: Staff recommends that the Board approve the proposed Indian River County
Travel Policy and incoporate into the Administrative Policy Manual
Attachments: Staff Report
Travel Policy
Management & Budget Director Michael Smykowski explained how travel expense
reimbursements have been handled for County employees, confirming that there
had been no formal written travel policy, as the County had been following Section
112.061 of the Florida Statutes. He proposed that, upon approval, the Indian River
County Travel Policy would be added to the current Administrative Policy Manual.
Commissioner Zorc questioned the guidelines used for mileage reimbursement,
noting that the amount set by the Internal Revenue Service was much higher.
Chairman Flescher felt that the per mile rate currently in effect was adequate.
Commissioner Solari felt strongly that the disciplinary rules had been overstated, and
pointed out that he did not want new employees who were provided the
Administrative Policy Manual to continually read that they were subject to
imprisonment. After much discussion amongst the Board and County Administrator
Indian River County Florida 2 ge 27
2A1. "I -i LtL
Nod 1'rtsenfc4
CUT AND FILL BALANCE
REQUIREMENT EXEMPTION FOR
COMMERCIAL/ INDUSTRIAL
PROPERTIES LOCATED WITHIN
THE SPECIAL FLOOD HAZARD
AREA
Proposed Change.
• Adding an exemption to the cut and fill balance requirements
under county land development regulation (LDR) section 930.07
for commercial/industrial properties located in a special flood
hazard area (SFHA).
12,A-, [. -T-f Z- 22
History:
• On August 15, 2017, the Board of County Commissioners approved a draft LDR
exemption for a cut and fill balance exemption for C/I properties located within a
SFHA, where the base flood volume is not displaced by more than 500 cubic yards
per acre, and directed staff to further research and bring the item back at a later
date.
• Staff researched the proposed exemption and added a minor revision.
Proposed Exemption:
e. Commercial or industrial development located within a commercial/industrial (C/1) node. In the
public interest of prompting economic development and in recognition of the de minimis impact
of commercial/industrial development to the base flood within and adjacent to designated
commercial and industrial nodes such development is waived from the cut and fill requirements
of this subsection To ensure that the impact is de minimis under this exemption, filling on a
commercial/industrial site within the special flood hazard area shall not displace the base flood
volume by more than 500 cubic yards per acre `or.occur on a site larger than five (5) acres.,
Notwithstanding this cut and fill waiver, such commercial or industrial development shall be
subiect to all other applicable stormwater management and flood protection regulations in this
chapter.
VE
x
OR
WIN
Impacts:
• Adding the 5 -acre cap reduced the acreage of eligible properties by approximately
2/3rds, from 550 acres to 120 acres (115 parcels).
• No impact to the County's insurance premium discount through the National
Flood Insurance Program (NFIP)
gS,vlk
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z�LORI
Recommendation:
• Staff recommends that the Board of County Commissioners review the proposed
draft changes to Land Development Regulation Subsection 930.07(2)(i),
recommend any changes, and direct Staff to proceed with the formal adoption
process.
� P-, ,
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INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Andrew Sobczak; Assistant Community Development Director
FROM: John Stoll; Chief Long Range Planning
DATE: June 30, 2022
IDA _-�
SUBJECT: American Rescue Plan Act of 2021— Low Income Housing Tax Credit (LIHTC)
project assistance program.
BACKGROUND:
On March 11, 2021, the $1.9 trillion -dollar American Rescue Plan Act of 2021 was signed into
law. The American Rescue Plan (ARP) is a stimulus package that was intended to speed up the
United States' recovery from the impacts of COVID-19. Indian River County received funding
through ARP in the amount of $31,063,168.
On May 18, 2021, the BCC considered a presentation by staff regarding several new housing
programs utilizing ARP funding. These programs included the Supplemental Housing Assistance
Rehab and Purchase (SHARP) Program; the Non -Profit Housing Community Rehab (RENO)
Program; the Non -Profit Housing Construction (CENO) Program, and Low -Income Housing Tax
Credit (LIHTC) assistance program. As part of the presentation, staff requested input from the
BCC on these programs and committed to returning with specific information on each program at
a later date.
On March 15, 2022, staff returned to the BCC with applications and program details for the
SHARP, RENO, and CENO programs. The Board approved all three of the aforementioned
programs and directed staff to begin their implementation.
Low Income Housing Tax Credit (LIHTC) Proiect Assistance Program
The LIHTC program provides both nonprofit and for-profit developers with a dollar -for -dollar
reduction in federal tax liability in exchange for the development of affordable rental housing.
Florida Housing gives LIHTC applicants points towards their application score when local
government funding match contributions are included.
Staff is requesting that up to $400,000 in American Rescue Plan Act funds be set aside as a
potential funding match for qualified applicants to the LIHTC program. Applicants to the LIHTC
Program identified by staff to receive funding will be brought back to the Board for approval prior
to formal award.
249
RECOMMENDATION
Staff recommends that the Board of County Commissioners consider the proposed LIHTC project
assistance program, and approve the program and direct staff to begin administration of this
program, or direct staff to make any necessary changes to the program.
ATTACHMENTS
1. LIHTC Application
2. LIHTC Application Attachments
3. Scoring Matrix
f.•Icommunity developmentlarpllihtcWafreport lihtc.docz
250
INDIAN RIVER COUNTY PLANNING DIVISION
180127' STREET
VERO BEACH, FL 32960
(772) 226-1250
AMERICAN RESCUE PLAN (ARP) Grant Application For
New Multi -Family Housing Construction
This grant opportunity is available for one qualified Non -Profit and/or For -Profit multi -family
housing developer (rental units), seeking developer selection preference under the Local
Government Areas of Opportunity Designation of a Florida Housing Finance Corporation
Request for Applications (RFA 2022-021). Through the RFA process, the state accepts
applications from qualified developers seeking Low Income Housing Tax Credit financing
(LIHTC) for the construction of multi -family housing. The LIHTC provides a credit towards
federal tax liability for developers of multi -family units.
For the 2022 funding cycle, a local government is required to provide a cash contribution to
obtain the Local Government Areas of Opportunity Designation funding preference. Indian River
County has made this contribution available via grant funds.
Please note the following requirements:
• A developer who is awarded this ARP Grant is not eligible for housing grants through the
State Housing Initiative Partnership (SHIP) program. In addition, funds may not be used
for the exact same expense that was paid by other federal housing programs for the same
time period.
• This assistance is in the form of a GRANT, and repayment is not required provided
applicant complies with federal and state housing program requirements.
• The proposed multi -family project must be located within Indian River County.
• To allow for local review and consideration, applications shall be due to Indian River
County by no later than September 1, 2022.
• The Florida Housing Finance Corporation limits local governments to supporting only one
application per funding cycle.
• The Indian River County State Housing Initiative Partnership (SHIP) Loan Review
Committee shall review and select one application to submit for funding.
• There are specific grant expenditure time frames that will need to be met for the County to
comply with Federal funding requirements. The applicant selected by the County to
submit an application must be able to meet local, state, and federal expenditure time frame
requirements.
ATTACHMENT 1 251
i
The following items must be completed and submitted electronically to: SHARPCa_ircgov.com no
later than September 1, 2022:
1. Completed application form
2. Copy of the property Deed or contract to purchase
3. Federal and/or State Program application information
Q
Project description narrative rovide attachment if needed
5. Active registration on SAM.gov
6. Completed Risk Assessment Questionnaire
7. Completed Sub -Recipient Agreement
Attachments:
1. APPLICATION FORM
2. RISK ASSESSMENT QUESTIONNAIRE
3. SUB -RECIPIENT AGREEMENT
252
2
AMERICAN RESCUE PLAN (ARP) Grant Application For
New Multi -Family Housing Construction
I. APPLICANT INFORMATION (PRINT OR TYPE ALL INFORMATION)
The applicant is the person (s) or entity who holds (or will hold) title to the housing units
identified in this application.
Applicant Business
or Organization:
Federal Tax or Non-profit
Agency Identification Number:
Applicant Address:
Applicant Phone:
Applicant Fax:
Applicant E-mail:
Applicant Contact Person:
L PROPERTY INFORMATION
(PRINT OR TYPE ALL INFORMATION)
• Subject Property Address (street, city, state and zip code)
• Subject Property Tax Parcel Identification Number:
• Legal Description (attach separate description if necessary):
253
3
• The Mortgage Deed will be/is Held In What Name (s):
(Indicate name (s) exactly as it appears or will appear on deed)
• Number of Multi -family Units proposed:
Unit data:
Type of
apartment Number of units
Sq. ft of living
area for unit
Year built or to
be built
Rent per unit
Efficiency
100
Contribution by applicant
One bedroom
Amount of loan from bank
Two bedroom
Three bedroom
Four bedroom
Total number of
units
II. SPECIFIC PROJECT AND EXPERIENCE INFORMATION
Number of affordable units to be built
# OF UNITS % OF TOTAL
•
Extremely low-income households (up to 30% MI
•
Very low-income households (up to 50% MI
• Low-income households (up to 80% MI)
• Total number of units to be built
2. Funding Summary
FUNDING
AMOUNT ($)
% OF
TOTAL
Total project cost
100
Contribution by applicant
Amount of loan from bank
Amount of funds requested from Federal and/or State program
3. Experience and ability to proceed with the project (provide attachments as needed)
• Funding Sources (please identify what funding is committed and what is applied
for or will be applied for)?
• How long has the organization/firm has been involved in building affordable
housing projects?
• How many affordable housing units has the organization/firm built within the prior
10 years (please provide address list)?
• References (please provide list of references including names, addresses, phone
numbers and email addresses).
Name Address Phone Numbers E-mail Address
255
M. DECLARATIONS
ease complete the following section.
you answer "yes" to any questions below, please provide explanation on a separate sheet.
a. Are there any outstanding judgements against you or your organization? ❑ Yes ❑ No
b. Have you or your organization ever declared bankruptcy? ❑ Yes ❑No
Ic. Have you or your organization had property foreclosed upon or
given title or deed in lieu thereof ? ❑ Yes []No
Id. Are you or your organization a party to a lawsuit, as either
plaintiff or defendant? ❑ Yes []No
e. Have you or your organization directly or indirectly been obligated on any loan which resulted
in foreclosure, transfer of title in lieu of foreclosure or judgement? (This would include such
loans as home mortgage loans, SBA loans, home improvement loans, educational loans,
manufactured (mobile) home loans, any mortgage, financial obligation, bond, or loan
guarantee? If "Yes" provide details, including date, name and address of Lender, FHA or VA
case number, if any, and reasons for the action)
❑ Yes []No
f. Are you or your organization presently delinquent or in default on any Federal debt or any
other loan, mortgage, financial obligation, bond, or loan guarantee? If "Yes" give details as
described in the preceding question.
❑ Yes []No
256
IV. ACKNOWLEDGMENT AND AGREEMENT
The undersigned specifically acknowledge(s) and agree(s) that: (1) the award requested by this
application will be secured by an agreement between the applicant and the Indian River County
Board of County Commissioners; (2) the property will not be used for any illegal or prohibited
purpose or use; (3) all statements made in this application are made for the purpose of obtaining
the assistance indicated herein; (4) occupation of the property will be as indicated above; (5)
verification or re -verification of any information contained in the application may be made at any
time by the County, its agents, successors and assigns, either directly or through a credit reporting
agency, from any source named in this application, and the original copy of this application will be
retained by the County, even if the application is not approved; (6) the County, its agents,
successors and assigns will rely on the information contained in the application and Uwe have a
continuing obligation to amend and/or supplement the information provided in this application i
any of the material facts which Uwe have represented herein should change prior to closing; (7)
the County, its agents, successors and assigns make no representations or warranties, express or
implied, to the Borrower(s) regarding the property, the condition of the property, or the value o
the property; (8) the County, its agents, successors and assigns may request and obtain a credit
report(s) providin a credit history for me/us in completing the County review of this application.
NOTICE - BE AWARE THAT:
FLORIDA STATUTE SECTION 837.06 - FALSE OFFICIAL STATEMENTS LAW
STATES THAT:
"WHOEVER KNOWINGLY MAKES A FALSE STATEMENT IN WRITING WITH THE
INTENT TO MISLEAD A PUBLIC SERVANT IN THE PERFORMANCE OF HIS
OFFICIAL DUTY SHALL BE GUILTY OF A MISDEMEANOR OF THE SECOND
DEGREE," PUNISHABLE AS PROVIDED BY A FINE TO A MAXIMUM OF $500.00
AND/OR MAXIMUM OF A SIXTY DAY JAIL TERM.
Certification: I/We certify that the information provided in this application is true and
correct as of the date set forth opposite my/our signature(s) on this application and
acknowledge my/our understanding that any intentional or negligent misrepresentation(s) of
the information contained in this application may result in civil liability and/or criminal
penalties including, but not limited to, fine or imprisonment or both under the provisions of
Title 18, United States Code, Section 1001, et. seq. and liability for monetary damages to the
County, its agents, successors and assigns, insurers and any other person who may suffer any
lost due to reliance upon any misrepresentation which Uwe have made on this application.
M
Applicant's Signature Date
X
Co -Applicant's Signature (if any) Date
F:\Community Development\SHIP\FORMS\APPLICATION FORMS\Tax Credit App for Non-profit 6 Developers\Low Income Housing Tax Credit far
Developer s Non-profits.doc
257
DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E
OMB Approved No. 1505-0271 Attachment A
Expiration Date: November 30, 2021
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address: DUNS Number: 079208989
Indian River County Taxpayer Identification Number: 596000674
1801 27th st Assistance Listing Number: 21.019
Vero Beach, Florida, 32960
Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the
American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the
Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal
Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.
Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms
attached hereto.
DocuSigned by:
Recipient:
6�iVGS--69075F=4695 'A2421---
Authorized Representative: Kristin Daniels
Title: Budget Director
Date signed: 5/13/2021
U.S. Department of the Treasury:
Authorized Representative:
Title:
Date:
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The
estimated burden associated with this collection of information is 15 minutes per response. Comments
concerning the accuracy of this burden estimate and suggestions for reducing this burden should be
directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500
Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency
may not conduct or sponsor, and a person is not required to respond to, a collection of information unless
it displays a valid control number assigned by OMB.
ATTACHMENTAg
DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be
used in compliance with section 603(c) of the Social Security Act (the Act), Treasury's
regulations implementing that section, and guidance issued by Treasury regarding the
foregoing.
b. Recipient will determine prior to engaging in any project using this assistance that it has
the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
2. Period of Performance. The period of performance for this award begins on the date hereof and
ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient
may use award funds to cover eligible costs incurred during the period that begins on March
3, 2021, and ends on December 31, 2024.
3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury
as they relate to this award.
4. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance
with section 603(c) of the Act, Treasury's regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office, or
their authorized representatives, shall have the right of access to records (electronic and
otherwise) of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have
been expended or returned to Treasury, whichever is later.
5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
6. Administrative Costs. Recipient may use funds provided under this award to cover both direct
and indirect costs.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of
interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
is applicable to each activity funded under this award. Recipient and subrecipients must
disclose in writing to Treasury or the pass-through entity, as appropriate, any potential
conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
2
259
DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E
9. Compliance with Applicable Law and Rezulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations
adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury
regarding the foregoing. Recipient also agrees to comply with all other applicable federal
statutes, regulations, and executive orders, and Recipient shall provide for such compliance
by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable to this Award and subject to such exceptions as may be
otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform
Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described
in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasury's implementing regulation at 31 C.F.R. Part 19.
V. Recipient Integrity and Performance Matters, pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.
§§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal
financial assistance;
3
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ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601
et seq.), which prohibits discrimination in housing on the basis of race, color,
religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§
12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto.
10. Remedial Actions. In the event of Recipient's noncompliance with section 603 of the Act, other
applicable laws, Treasury's implementing regulations, guidance, or any reporting or other
program requirements, Treasury may impose additional conditions on the receipt of a
subsequent tranche of future award funds, if any, or take other available remedies as set
forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the
use of funds, previous payments shall be subject to recoupment as provided in section 603(e)
of the Act.
11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5
U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity
financed in whole or in part by this federal assistance.
12. False Statements. Recipient understands that making false statements or claims in connection
with this award is a violation of federal law and may result in criminal, civil, or administrative
sanctions, including fines, imprisonment, civil damages and penalties, debarment from
participating in federal awards or contracts, and/or any other remedy available by law.
13. Publications. Any publications produced with funds from this award must display the
following language: "This project [is being] [was] supported, in whole or in part, by federal
award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department
of the Treasury."
14. Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; (2) that are
determined by the Treasury Office of Inspector General to have been misused; or (3)
that are determined by Treasury to be subject to a repayment obligation pursuant to
section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt
to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by
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Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury's
initial written demand for payment, unless other satisfactory arrangements have been
made or if the Recipient knowingly or improperly retains funds that are a debt as
defined in paragraph 14(a). Treasury will take any actions available to it to collect such
a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient
or third persons for the actions of Recipient or third persons resulting in death, bodily
injury, property damages, or any other losses resulting in any way from the
performance of this award or any other losses resulting in any way from the
performance of this award or any contract, or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency
relationship between the United States and Recipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise
discriminate against an employee in reprisal for disclosing to any of the list of persons or
entities provided below, information that the employee reasonably believes is evidence of
gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal
contract (including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
V. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-
job seat belt policies and programs for their employees when operating company-owned,
rented or personally owned vehicles.
18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225
(Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to
adopt and enforce policies that ban text messaging while driving, and Recipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
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Expiration Date: November 30, 2021
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury, the
recipient named below (hereinafter referred to as the "Recipient") provides the assurances stated herein. The
federal financial assistance may include federal grants, loans and contracts to provide assistance to the
Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal
financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses,
procurement contracts by the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's
program(s) or activity(ics) is federally assisted in the manner prescribed above.
Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
discrimination under programs and activities receiving federal financial assistance, of any person in the
United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders
such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with
Limited English Proficiency," seeks to improve access to federally assisted programs and activities for
individuals who, because of national origin, have Limited English proficiency (LEP). Recipient
understands that denying a person access to its programs, services, and activities because of LEP is a form
of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable
steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have
meaningful access to its programs, services, and activities. Recipient understands and agrees that
meaningful access may entail providing language assistance services, including oral interpretation and
written translation where necessary, to ensure effective communication in the Recipient's programs,
services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops
applicable budgets and conducts programs, services, and activities. As a resource, the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps
to provide meaningful access for LEP persons, please visit htty://www.lep.gov.
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4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued
receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees,
and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors,
successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the
following language in every contract or agreement subject to Title VI and its regulations between the
Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and
assignees:
The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title
VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise discriminating against a person
on the basis of race, color, or national origin (42 U.S. C. § 2000d et seq), as implemented by the
Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by
reference and made a part of this contract (or agreement). Title VI also includes protection to persons
with "Limited English Proficiency " in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31
CFR Part 22, and herein incorporated by reference and made apart of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid
of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or
in the case of a subsequent transfer, the transferee, for the period during which the real property or structure
is used for a purpose for which the federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits. If any personal property is provided, this assurance obligates
the Recipient for the period during which it retains ownership or possession of the properly.
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the
Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation,
litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient
shall comply with information requests, on-site compliance reviews and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of
discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by
Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all
such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient
also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance
of Title VI and efforts to address the non-compliance, including any voluntary compliance or other
2
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agreements between the Recipient and the administrative agency that made the finding. If the Recipient
settles a case or matter alleging such discrimination, the Recipient must provide documentation of the
settlement. If Recipient has not been the subject of any court or administrative agency finding of
discrimination, please so state.
10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for
ensuring that sub -recipients also comply with Title VI and other applicable authorities covered in this
document State agencies that make sub -awards must have in place standard grant assurances and review
procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub -
recipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the United States
may take in order to address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the
Recipient's obligations as herein described, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the Recipient is in compliance with the aforementioned
nondiscrimination requirements.
Indian River County
5/13/2021
Recipient Date
[DocuSiyned by:
6shw VAIA, LLS
69075E4695A2421...
Signature of Authorized Official
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with
this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions
for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500
Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.
265
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure
of Lobbying Activities," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents of all sub -awards at all tiers (including subcontracts, sub -grants,
and contracts under grants, loans, and cooperative agreements) and that all sub -
recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, United States Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Organization:
Street address:
City, State, Zip:
CERTIFIED BY:(type -pnn
TITLE:
266
Approved by OMB
Disclosure of Lobbying Activities
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure)
0348-0046
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
a. contract
a. bid/offer/application
a. initial filing
b. grant
b. initial award
b. material change
c. cooperative agreement
c. post -award
d. loan
For material change only:
e. loan guarantee
Year quarter
f. loan insurance
Date of last report
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is Subawardee, Enter
Prime Subawardee
Name and Address of Prime:
Tier , if Known:
Congressional District, if known:
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
b. Individuals Performing Services (including address if
(f individual, last name, first name, MI):
different from No. 1Oa)
(last name, first name, MI):
11. Information requested through this form is
authorized by title 31 U.S.C. section 1352. This
Signature:
disclosure of lobbying activities is a material
representation of fact upon which reliance was placed
Print Name:
by the tier above when this transaction was made or
entered into. This disclosure is required pursuant to 31
Title:
U.S.C. 1352. This information will be reported to the
Congress semi-annually and will be available for public
Telephone No.: Date:
inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such
failure.
Federal Use Only
Authorized for Local Reproduction
Standard Form - LLL (Rev. 7-97)
267
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a
covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to
the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence
the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change
to the information previously reported, enter the year and quarter in which the change occurred. Enter the
date of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District,
if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be,
a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is
the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under
grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city,
State and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the
full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and
loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1
(e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number;
the contract, grant, or loan award number; the application/proposal control number assigned by the Federal
agency). Included prefixes, e.g., "RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, Sta_e and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal
action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from
10(a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of
information unless it displays a valid OMB control Number. The valid OMB control number for this information
collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10
minutes per response, including time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding
the burden estimate or any other aspect of this collection of information, including suggestions for reducing this
burden, to the Office of Management and Budget,
Paperwork Reduction Project (0348-0046), Washington, DC 20503
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ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury, the
recipient named below (hereinafter referred to as the "Recipient") provides the assurances stated herein. The
federal financial assistance may include federal grants, loans and contracts to provide assistance to the
Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal
financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses,
procurement contracts by the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's
program(s) or activity(ies) is federally assisted in the manner prescribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
discrimination under programs and activities receiving federal financial assistance, of any person in the
United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders
such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with
Limited English Proficiency," seeks to improve access to federally assisted programs and activities for
individuals who, because of national origin, have Limited English proficiency (LEP). Recipient
understands that denying a person access to its programs, services, and activities because of LEP is a form
of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable
steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have
meaningful access to its programs, services, and activities. Recipient understands and agrees that
meaningful access may entail providing language assistance services, including oral interpretation and
written translation where necessary, to ensure effective communication in the Recipient's programs,
services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops
applicable budgets and conducts programs, services, and activities. As a resource, the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps
to provide meaningful access for LEP persons, please visit http://www.leR.gov.
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4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued
receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees,
and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors,
successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the
following language in every contract or agreement subject to Title VI and its regulations between the
Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and
assignees:
The sub grantee, contractor, subcontractor, successor, transferee, and assignee shall compty with Title
VI of the Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from
exc a ing ont a program or ac e -my ng erre s o , or o terwrse iscnmrna tng ag-a—Inst a person
on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the
Department of the Treasury's Dtle PI regulations, 31 CFR Part 22, which are herein incorporated by
reference and made a part of this contract (or agreement). Dtle VI also includes protection to persons
with `Limited English Proficiency" in any program or activity receiving federal financial assistance, 42
US. C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31
GFR Part 22, and herein incorporated by reference and made apart of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid
of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or
in ffie case of a subsequent ans er, the ff Am eree, for the pen duing –WMch the real property or strucuire
is used for a purpose for which the federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits. If any personal property is provided, this assurance obligates
the Recipient for the period during which it retains ownership or possession of the property.
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the
Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation,
litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient
shall comply with information requests, on-site compliance reviews and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of
discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by
Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all
such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient
also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance
of Title VI and efforts to address the non-compliance, including any voluntary compliance or other
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agreements between the Recipient and the administrative agency that made the fording. If the Recipient
settles a case or matter alleging such discrimination, the Recipient must provide documentation of the
settlement. If Recipient has not been the subject of any court or administrative agency finding of
discrimination, please so state.
10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for
ensuring that sub -recipients also comply with Title VI and other applicable authorities covered in this
document State agencies that make sub -awards must have in place standard grant assurances and review
procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub -
recipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the United States
may take in order to address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the
Recipient's obligations as herein described, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the Recipient is in compliance with the aforementioned
nondiscrimination requirements.
Recipient Date
Signature of Authorized Official
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with
this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions
for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500
Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.
271
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
1801 27t" Street, Vero Beach. FL 32960-3388
American Rescue Plan Act Risk Assessment
Organization Name:
Representative:
Date:
1. Is your organization delinquent on any federal or state debt, including unpaid taxes?
Yes F No
2. Is your organization currently audited under the Single Audit Act?
Yes No
3. Hoerr many state or local grant programs are currently being managed by your organization?
4. How many Federal grant programs are currently being managed by your organization?
5. Is your organization currently managing any other programs funded with American Rescue Plan Act dollars?
F]Yes 1-1 No
6. Does your organization have ,.vritten policies and procedures for each of the following?
a. Accounting including separation of duties, internal controls for transactions, documentation requirements to
substantiate expenses and meets generally accepted accounting principles?
Yes 1:1 No
b. Procurement including processes/standards that demonstrate principles of fair and open competition with
evaluation of costs?
F] Yes F No
c. Conflict of interest including the process to identify and address any conflict?
❑ Yes F No
d. Grant program compliance/management including systems, staffing and reporting?
❑ Yes F]No
e. What was the date your policies and procedures were last updated?
7. What was the date of your last financial audit?
8. Did your organization have any audit findings within the past 5 years for:
a. Grant Management
b. Financial
c. N/A
If (a) or (b) is selected, please explain:
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
1801 27"' Street, Vero Beach, FL 32960-3388
American Rescue Plan Act Risk Assessment
9. Please provide the total number of audit findings/year (Enter N/A for 0):
a. If applicable, describe the number and nature of the findings, any corrective action taken, and completion date
to satisfy findings.
10. Did you submit your single audit to the Federal Audit Clearinghouse?
❑ Yes ❑ No
11. Does your organization maintain a separate account for grant funds?
1-1 Yes ❑ No
12. In the last 12 months has your organization had any significant changes in computer systems or personnel?
Yes ❑ No
If Yes, please explain:
13. Does your organization have designated experienced staff with capacity to properly manage and oversee the
management and compliance of this program?
Yes ❑ No
14. Does your organization maintain central file locations for all grants, loans or other types of financial assistance?
F]Yes ❑ No
15. Does your organization have a history of timely and accurate submission of required grant expenditure and/or
financial reports as requested/required?
Yes ❑ No
❑ I Agree By checking the "I Agree" box and entering your name below, you certify that information
contained in this risk assessment accurately reflects the activities of this agency and are subject to further
inquiry upon request.
Name:
Title:
273
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07/12!2022 Item 12.A.2.
Indian River County Board of
County Commissioners
July 12, 2022
American Rescue Plan Act of 2021
Low Income Housing Tax Credit Program
Applications
Back round
• March 11, 2021— American Rescue Plan (ARP) stimulus package
• May 18, 2021— BCC reviewed and considered new housing
programs including:
— Supplemental Housing Assistance Rehab and Purchase Program (SHARP)
— Non -Profit Housing Community Rehab Program (RENO).
— Non -Profit Housing Construction Program (CENO).
— Low Income Housing Tax Credit (LIHTC) Project Assistance Program
• March 15, 2022 — BCC reviewed and approved SHARP, RENO, and
CENO programs.
2- 7A - 1
07/12/2022 Item 12.A.2.
LIHTC Assistance Program
• Provides nonprofit and for-profit developers with a reduction
in federal tax liability in exchange for the development of
affordable rental housing.
• Applications require a local funding match.
• Up to $400,000 in ARP funds could be made available as a local
match to a qualified applicant.
;Tax Credit Eligibility for AfIor[. rh1c IlouSiog
Ltodian River County, 4L,,,
C— ft) R.,a�R.,:
k
LPAC
,.
;Sat Pmliailr
Pants
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2
07/12/2022 Item 12.A.2.
Recommendation
• Staff recommends that the Board of County Commissioners
consider the proposed LIHTC project assistance program, and
approve the program and direct staff to begin administration of this
program, or direct staff to make any necessary changes to the
program.
Backup
• Scoring Matrix
• LIHTC Application
274' 3
2�-Z
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
IN
Attorney's Matters - B.C.C. 07.12.22
Of ce of
INDIAN RIVER COUNTY
ATTORNEY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: July 6, 2022
SUBJECT: Agriculture Advisory Committee Appointment
On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned
to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the
process of appointments and reappointments. This agenda item is to consider the appointment of an applicant
to fill one of the "Agritourism Representative" vacancy positions on the Agriculture Advisory Committee,
which term expires in January 2023. The vacancy has been advertised on the County's website and on
Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position:
Kelly L. Jackson
RECOMMENDATION.
The County Attorney recommends that the Board review the applicant's application and determine whether
to appoint her to fill the unexpired term for the "Agritourism Representative" to the Agriculture Advisory
Committee.
ATTACHMENT.
Application
C. I GranicuslLegistar5IL51Templ3b63a1a3-85j1-41bb-a493- 746414a6edd8.d— 275
Indian River County Boards & Commissions Submit Date: Feb 16, 2022
Profile
Kelly
L. Jackson
First Name
Middle Initial Last Name
info@indianriverpioneerfarms.com
Email Address
7950 66th Avenue
Street Address
Suite or Apt
Vero Beach
FL
City
State
Mobile: (772) 633-0089
Primary Phone
Alternate Phone
Self-Enployed
Farmer
Employer
Job Title
Which Boards would you like to apply for?
Agriculture Advisory Committee: Submitted
32967
Postal Code
How long have you been a resident of Indian River County?
52 years/Lifelong/5th Generation
Are you a full-time or part-time resident? Select one.
P Full Time
Please list current employer or businesses. If retired, please list any business experience
that may be applicable to the committee.
Mobile Wellness Support DBA Indian River Pioneer Farms; Indian River Food Policy Council
Please list any licenses you presently hold:
Florida licensed massage therapist
Please list any organization of which you are currently a member:
Florida Food Policy Council; The Sierra Club; Veterans Business Outreach Center; Small Business
Development Center; WeVenture; Winter Beach Historical Society; Indian River Historical Society;
Growing Up in Wabasso
Please list any other committees or boards you currently sit on:
None
276
Kelly L. Jackson
Interests & Experiences
Why are you interested in serving on a board or commission?
I grew up on agriculture property here in Vero Beach love my community and want to support small farms.
Kelly Jackson Resume 2022.pdf
Upload a Resume
Demographics
Political Party
W Independent
02/07/1970
Date of Birth
Race (Used for State Reporting) "
f7 Caucasian
Do you have a government recognized disability? (Used for State reporting information)
r Yes r No
277
Kelly L. Jackson
156,4
SWDD Item
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: June 27, 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: 2nd Amendment and Renewal to Franchise Agreement with Waste Management, Inc., of
Florida
Descriptions and Conditions:
On April 21, 2015, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board entered into
a Franchise Agreement with Waste Management, Inc., of Florida (WMIF) for Solid Waste and Recyclables
Collection (the "Franchise Agreement"). On October 1, 2015 ("Commencement Date"), WMIF started
providing the contractual services detailed below. The First Amendment to the Franchise Agreement,
which related to the annual Consumer Price Index (CPI) adjustment process with an annual cap of 3%, was
approved by SWDD on October 4, 2016.
The initial term of the Franchise Agreement is for a period of seven (7) years beginning on the
Commencement Date and terminating on September 30, 2022. At the sole option of SWDD, the Franchise
Agreement may be renewed for one (1) additional term of three (3) years under the same terms and
conditions as the initial term, including amendments. SWDD had to notify WMIF by September 30, 2021,
of the intent to renew or not renew the Franchise Agreement. SWDD staff issued our intent to renew on
September 20, 2021.
The Franchise Agreement grants WMIF exclusive collection service for residential and commercial solid
waste within unincorporated IRC, the exclusive collection of residential recyclables within the recycling
franchise area (which includes unincorporated IRC,, City of Sebastian, City of Fellsmere, City of Vero Beach,
and the Town of Orchid), and an exclusive collection of construction and demolition (C&D) debris in
containers fifteen cubic yards and greater (>_15 CY) in size within unincorporated IRC.
In addition to the exclusive collection of C&D in >_15 CY containers, the Franchise Agreement grants WMIF
the non-exclusive collection of C&D in containers less than fifteen cubic yards (<15 CY) in size within
unincorporated IRC. WMIF is also able to provide recycling services to commercial properties, but this is
considered an open market service by the State of Florida, and as such, it is not exclusive to WMIF.
On May 9, 2022, staff received a request from WMIF to modify the franchise agreement to remove Article
3.1 (c) for the exclusive collection of C&D in >_15 CY containers. On June 14, 2022, the SWDD Board
approved the request by WMIF to modify the Franchise Agreement to remove the exclusivity of C&D roll -
278
SWDD Agenda - 2nd Amendment to Franchise Agreement with WM Page 1 of 2
SWDD Item
off services in unincorporated IRC, directed staff to modify the County Ordinance as necessary, and to
return with an amendment to the franchise agreement. A notice of public hearing for approval of the
County Ordinance modification on July 12, 2022 was announced at the July 5, 2022, Board of County
Commission (BCC) meeting.
The purpose of this agenda item is to obtain SWDD Board approval of the 2nd amendment and renewal to
the WMIF Franchise Agreement.
Analysis:
Staff and WMIF have reached consensus on the changes identified in the 2"d Amendment and Renewal
Agreement.
Staff supports the request by WMIF to remove the exclusive nature of C&D from our franchise agreement
and renewal of the term through September 30, 2025.
Funding:
The majority of the services provided in the Franchise Agreement are directly paid by residential subscription
customers or by commercial customers. The exception is the payment for the residential recycling services,
which is paid to WMIF by SWDD. The annual cost for Fiscal Year (FY) 2021/2022 was $2,900,000. Funding, in
the amount of $3,100,000, for these recyclables collection services is budgeted in the SWDD recycling account
for FY 2022/2023 under SWDD/CC & Recycling/Other Contractual Services, Account No. 41125534-033490,
which is funded from SWDD assessments and user fees.
DESCRIPTION
ACCOUNT I
AMOUNT
SWDD/CC & Recycling/Other Contractual Services — FY 22/23
1 41125534-033490 1
$3,100,000
Recommendation:
Staff is requesting that the Board approve the following:
1. Approve the 2nd Amendment and Renewal Agreement with Waste Management, Inc., of Florida;
and
2. Authorize the Chairman to execute to execute the same, as presented.
Attachments:
1. 2"d Amendment and Renewal Agreement with WMIF
279
SWDD Agenda - 2nd Amendment to Franchise Agreement with WM Page 2 of 2
SECOND AMENDMENT AND RENEWAL TO SOLID WASTE AND
RECYCLABLES COLLECTION FRANCHISE AGREEMENT BETWEEN
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ("SWDD")
AND WASTE MANAGEMENT INC. OF FLORIDA ("FRANCHISEE")
THIS SECOND AMENDMENT AND RENEWAL TO SOLID WASTE AND
RECYCLABLES COLLECTION FRANCHISE AGREEMENT BETWEEN INDIAN
RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ("SWDD") AND WASTE
MANAGEMENT INC. OF FLORIDA ("FRANCHISEE) ("Second Amendment") is
entered into as of the day of July, 2022 by and between the Indian River County Solid
Waste Disposal District, a dependent special district of INDIAN RIVER COUNTY
(hereinafter, "SWDD") and Waste Management Inc. of Florida, a Florida corporation
(hereinafter "Franchisee").
RECITALS
WHEREAS, on April 21, 2015, SWDD and Franchisee entered into the Solid Waste and
Recyclables Collection Franchise Agreement Between Indian River County Solid Waste
Disposal District ("SWDD") and Waste Management Inc. of Florida ("Franchisee") as
amended by the First Amendment to Solid Waste and Recyclables Collection Franchise
Agreement Between Indian River County Solid Waste Disposal District ("SWDD") and Waste
Management Inc. of Florida ("Franchisee"), dated October 4, 2016 (collectively referred to as
the "Agreement"); and
WHEREAS, the initial term of the Agreement is for a period of seven (7) years
terminating on September 30, 2022 and SWDD has duly notified the Franchisee the intent to
renew the Agreement for one (1) additional term of three (3) years under the same terms and
conditions as the initial term; and
WHEREAS, SWDD and Franchisee desire to amend Article 3.1.c. to remove C&D
collection in containers fifteen cubic yards and greater from the exclusivity requirements of
the Agreement and any associated provisions of the Agreement pertaining to such services,
NOW THEREFORE, in consideration of the mutual undertaking herein and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Article 1. Definitions Amended.
a. The last sentence in the definition of Commercial Collection Service is removed
in its entirety:
Commercial Collection Service includes collection of C&D in containers fifteen
cubic yards and greater (>15CY) in size.
Page 1 of 6 280
b. The following new definitions are added:
Construction and demolition debris commercial container means a commercial
container that is used to store, transport, and dispose construction and
demolition debris in any size capacity.
Roll -Off Container(s) means any non -Compactor storage and Collection
equipment or device that has an open top with a capacity of more than eight (8)
cubic yards, which is normally loaded onto a motor vehicle and transported to a
disposal facility for dumping.
3. Article 2. Term Amended.
a. Article 2.3 is stricken in its entirety and replaced as follows:
2.3. Renewal Term
The Agreement is renewed for a period of three (3) years beginning on October
1, 2022, and terminating on September 30, 2025.
4. Article 3.1. Amended. The following sentence in Article 3.1.c. is removed in its
entirety:
c. C&D collection in containers fifteen cubic yards and greater (>15 CY) in size
in the Solid Waste Franchise Area.
5. Article 3.2 Non -Exclusive Services Amended. The following sentence replaces
Article 3.2.1 in its entirety:
3.2.1. Franchisee is herein granted the non-exclusive right to collect C&D in any
size construction and demolition debris commercial container.
6. Article 10.1.4 Amended. The following sentence replaces Article 10.1.4 in its
entirety:
10.1.4. Solid Waste collected from Commercial Customers in the Solid Waste
Franchise Area pursuant to this Agreement, may be disposed of at no
additional cost to Franchisee.
7. Article 10.1.5 Amended. The following sentence replaces Article 10.1.5 in its
entirety:
10.1.5. Franchisee shall pay the applicable fees at the Designated Facility for the
disposal of C&D collected in construction and demolition debris commercial
containers, or any loads where C&D is mixed with other types of Solid
Waste, and all other Solid Waste collected outside the terms of this
Agreement and is responsible for invoicing and collecting payment for such
Page 2 of 6 281
disposal costs.
8. Article 12.2.2. Amended. The following last bullet in Article 12.2.2.d is
removed in its entirety:
• C&D collection service of containers less than fifteen cubic yards (<15CY) in
size
9. Article 16.1.1.2 Amended. The following sentence replaces Article 16.1.1.2 in its
entirety:
16.1.1.2. The rates for Commercial Collection Service set forth in this Agreement
include the Franchisee Fee. Pursuant to Article 10.1.5, disposal fees for
C&D or C&D mixed with Solid Waste delivered in roll -off containers are to
be paid by the Franchisee based on actual tonnage and the applicable fees at
the Designated Facility and passed onto the customer by the Franchisee.
10. Article 16.2.4. Non -Exclusive C&D Collection Service Amended. The following
sentence replaces Article 16.2.4 in its entirety:
16.2.4. Billing of C&D collection service in construction and demolition
debris commercial containers shall be the sole responsibility of
Franchisee.
11. Article 19.2. Scrutinized Companies Amended.
a. Article 19.2 is stricken in its entirety and replaced as follows:
Article 19.2 Scrutinized Companies
19.2.1. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR
certifies that it and those related entities of CONTRACTOR as defined
by Florida law are not on the Scrutinized Companies that Boycott
Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and
are not engaged in a boycott of Israel. In addition, if this agreement is
for goods or services of one million dollars or more, CONTRACTOR
certifies that it and those related entities of CONTRACTOR as defined
by Florida law are not on the Scrutinized Companies with Activities
in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to Section 215.473 of
the Florida Statutes and are not engaged in business operations in
Cuba or Syria.
19.2.2. OWNER may terminate this Contract if CONTRACTOR is found to
have submitted a false certification as provided under section
Page 3 of 6 282
287.135(5), Florida Statutes, been placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or been
engaged in business operations in Cuba or Syria, as defined by section
287.135, Florida Statutes.
19.2.3. OWNER may terminate this Contract if CONTRACTOR, including all
wholly owned subsidiaries, majority-owned subsidiaries, and parent
companies that exist for the purpose of making profit, is found to have
been placed on the Scrutinized Companies that Boycott Israel List or
is engaged in a boycott of Israel as set forth in section 215.4725,
Florida Statutes.
12. Article 21.12. Public Access Amended. Article 21.12 Public Access is stricken
in its entirety and replaced as follows:
21.12 Public Record Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes.
The Contractor shall comply with Florida's Public Records Law. Specifically,
the Contractor shall:
(1) Keep and maintain public records required by the County to perform the
service.
(2) Upon request from the County's Custodian of Public Records, provide the
County with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in Chapter 119 or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
required by the County to perform the service. If the Contractor transfers all
public records to the County upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the contractor keeps
and maintains public records upon completion of the contract, the Contractor
shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the County, upon request
from the Custodian of Public Records, in a format that is compatible with
the information technology systems of the County.
Page 4 of 6 283
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
(772) 226-1424
publicrecords(uircgov.com
Indian River County Office of the County Attorney
1801 27" Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a
material breach of this Agreement.
13. Article 21.18 — E -Verify. A new article 21.18 is inserted into the
Agreement:
Contractor is registered with and will use the Department of Homeland
Security's E -Verify system (www.e-verify.gov) to confirm the employment
eligibility of all newly hired employees for the duration of this agreement, as
required by Section 448.095, F.S. Contractor is also responsible for obtaining
proof of E -Verify registration and utilization for all subcontractors.
14. Exhibit 1 — Collection Service Rates. Upon approval of this Amendment,
Exhibit 1 will be updated to remove the rates for Open Top Roll -Off services.
15. All other provisions of the Agreement shall remain in full force and effect.
The rest of this page is left intentionally blank.
Page 5 of 6 284
IN WITNESS WHEREOF, the parties have caused this Second 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:
Jason E. Brown, County Administrator
SIGNED, SEALED, AND DELIVERED IN
THE PRESENCE OF:
By:
Print Name:
By:
Print Name:
BY OWNER:
SOLID WASTE DISPOSAL DISTRICT
INDIAN RIVER COUNTY, FLORIDA
Peter D. O'Bryan, Chairman
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY BY:
Dylan T. Reingold, County Attorney
BY FRANCHISEE:
WASTE MANAGEMENT, INC. OF
FLORIDA
IM
Print Name:
Print Title:
Page 6 of 6 285
IEt 3
SWDD Item
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: July 1, 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: Payment Processing Services Statement of Work Agreement with nCourt, LLC
Descriptions and Conditions:
On October 19, 2021, the Solid Waste Disposal District (SWDD) approved Work Order No. 45 to Kimley-
Horn and Associate, Inc. (KHA) to provide engineering services related to the Automated Scale System
project. As part of this approval, the SWDD Board approved a sole -source use of the Mettler Toledo
automated scale system, which is similar to our existing scale system. This turnkey project includes
replacing our existing scalehouse software system to the Data Bridge system provided by Mettler Toledo.
Because of this change, we will also need to replace our credit card system to the nCourt system, which
is directly integrated with the Data Bridge system.
Staff has reviewed the attached Payment Processing Services Statement of Work Agreement with nCourt,
LLC, and recommends approval by the SWDD Board.
Analysis:
Based on the review of credit card transactions from the period of March 2021 thru February 2022, the
Indian River County (IRC) landfill processed approximately 26,293 transactions for a total dollar amount
of $1,323,795, resulting in credit card/bank card fees that SWDD absorbed in the amount of $65,509,
which equaled $2.49 per transaction, or 4.95% of the total transactions.
In comparison, the proposed nCourt system rates are set as a minimum fee of $1.99, or 3.5% of
transaction (whichever is higher), and using the same time period above would have resulted in credit
card/bank card fees in the amount of $52,323, which is $13,186 lower, or 20.1% less, than our current
provider.
Although the fees are projected to be less, staff has projected a continued increase in customers that
utilize credit cards at the landfill resulting in a need for a higher budget to absorb credit card fees.
Therefore, staff is recommending that, like other county departments (building department/golf course),
with the start of this new system that we pass the cost of the credit card fees to the customer.
SWDD Agenda - Credit Card Agreement with nCourt LLC Page 1 *6
SWDD Item
The attached agreement has been reviewed by the County Attorney's office, the Finance Office, and the
Purchasing Division. In addition, a positive reference check was made with the Indian River County
Courthouse, which has been using the nCourt credit card system for many years.
Funding:
Funding for the SWDD Landfill Credit Card Fees is budgeted and available in the SWDD/Landfill/Credit
Card Fees account, number 41121734-035680, for a total amount of $71,500, which is funded from SWDD
assessments and user fees.
Description
Account Number
Amount
SWDD/Landfill/Credit Card Fees
1 41121734-035680
$71,500
As mentioned above, staff recommends that the SWDD Board approve having customers pay the credit
card transaction fees.
Recommendation:
Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following:
a) Approve the Payment Processing Services Statement of Work Agreement with nCourt, LLC
b) Authorize the Chairman to execute the same, as presented.
Attachment:
1. Credit Card Agreement with nCourt, LLC
SWDD Agenda - Credit Card Agreement with nCourt LLC Page 2 A7
GYCourt
Payments Made Easy
PAYMENT PROCESSING SERVICES STATEMENT OF WORK
between
nCourt, LLC
("Provider")
having its principal place of business at:
3025 Windward Parkway - Suite 200; Alpharetta GA 30005
and
Indian River County - Solid Waste Disposal District
("Merchant")
having its principal address at:
1325 74th SW Avenue; Vero Beach FL 32968
PaYment Processing Services Statement of Work: nCourt. LLC & Indian River County - Solid Waste Disposal District 28-8gi: I of 14
THIS PAYMENT PROCESSING SERVICE STATEMENT OF WORK (this "SOW') is made and entered into as of the day of
July 2022 ("Effective Date") by and between nCourt, LLC ("Provider") and Indian River County - Solid Waste Disposal District
("Merchanf'). Merchant and Provider may each be referred to individually as a "Party" and together as the "Parties." The attached
Exhibits are incorporated by reference.
TERM
This SOW will commence upon the Effective Date and continue for three (3) years, at which point in time the SOW will automatically
renew for successive one (1) year periods unless either party, at least sixty (60) days prior to the expiration of the then applicable term,
provides the other with written notice of its desire to terminate this SOW.
STRATEGY
After the contracting process has ended, Provider will build and the maintain payment channel(s), as defined below, to allow Merchant
to securely accept, validate, and track payment data from its Customers. Where Web E -Payment System is in scope, an initial test site
will be built to load all data received from Merchant and Mettler Toledo, LLC. On this test site, Provider will build logic and business
rules to govern the hosted data. Once the web services have been properly built, tested, and reviewed, Provider will establish Merchant
Identification credentials. Web services and Merchant Identification credentials will be applied and integrated into the hosted site and
data backed payments will be tested. Once the payments are tested, Provider will initiate training for all Merchant personnel, done
remotely. Upon successful training, the hosted website will be moved into a production environment and undergo a subsequent round
of testing. After testing and validation of the data, Merchant will direct Provider to launch the site.
The date of System launch ("Go -Live") will be targeted during an implementation kickoff call with all relevant stakeholders. The
successful completion of this Statement of Work is dependent on Merchant reviewing test content, data, and functionality in a timely
manner, and providing an appropriate level of operational and strategic engagement to participate in training, deploy the solution into
production environments, and follow through with the responsibilities listed below.
SCOPE
For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:
1. Merchant will make resources available to assist Provider in the timely launch of the payment processing program. Provider cannot
be held accountable for unreasonable Merchant delays and may choose to delay the implementation should Merchant not be able
to provide appropriate resources. If system does not launch within twelve (12) months of signature date due to Merchant delays,
the full implementation fee will become due. Otherwise, there is no cost for the implementation or services provided unless
specified herein.
Payments are deposited daily into a custodial account and transferred by ACH electronic transfer to Merchant daily. The payment
will be accompanied by a reconciliation detailing the payments included. Any money transfer fees will be absorbed by Provider.
2. E -Payment System Utilization
2.1. Merchant will make Provider's Services available to its Customers through various means of communication, including a)
through billing statements, invoices and other payment notices; b) by providing IVR and Web payment details on the
Merchant's website including a "Pay Now" or similar link on a mutually agreed prominent place on the web site; c) through
the Merchant's general IVR/Phone system and d) other channels deemed appropriate by the Merchant.
2.2. Provider shall provide the Merchant with logos, graphics, and other marketing materials for use in its communication with its
Customers regarding the payment services provided by Provider. Both parties agree that Provider will be presented as the
primary payment method option. Merchant will communicate the Provider payment Service option to its Customers wherever
the Merchant generally communicates its other payment methods.
2.3. Payments types shall be processed through the payment channels defined in this SOW as marked (®):
❑ Tax ❑ Parks & Recreation
❑ Utilities
❑ Court Fees & Fines
❑ Licenses
❑ Child Support
® Solid Waste / Landfill
3. Provider Deliverables: Provider shall deliver the following, included as marked (®):
Payment Processing Services Statement of Work: nCoairt, LLC & Indian Rimer County - Solid Waste Disposal District 2ge 2 of 14
3. 1. ❑ Web E -Payment System
3.1.1. Provider shall build, host and maintain Merchant -specific website(s) for Indian River County - Solid Waste
Disposal District. Provider will purchase a URL, www.TBD.com.
3.1.2. Provider will provide a secure website that will allow payers to enter their pertinent information, e.g., citizen name
or other unique identifier, and then proceed to pay with a credit or debit card.
3.1.3. System will collect and transmit payment information for authorization and settlement.
3.1.4. System will provide method of transferring transaction data back to Merchant.
3.1.5. Upon notification of an over- or under -payment of any fine amount, Provider will refund an overpayment or notify
the Customer via automated email of their under -payment and the remaining amount due.
3.1.6. The payer will be simultaneously advised via automated email that the transaction has been completed and will
receive further notification when the Merchant processes the payment.
3.2. ® Counter E -Payment System
3.2.1. Provider shall deliver and configure 2 EMV device(s).
3.2.2. Provider shall deliver an administrator portal for counter payments.
3.2.3. Provider shall remotely upgrade EMV devices as appropriate.
3.2.4. Provider shall provide one (1) remote, web -based training session covering setup and use of EMV devices.
3.3. ❑ Phone / Call Center E -Payment System
3.3.1. Provider shall provide a toll-free telephonic customer service function to ensure that Customers utilizing the
Program have a satisfactory experience that does not require the technological assistance of Merchant personnel.
3.4. ❑ IVR - E -Payment System
3.4.1. IVR solution shall be hosted and maintained by Provider.
3.4.2. Provider shall configure call scripts according to industry best practices.
3.4.3. IVR functionality shall only include search/retrieval and payment processing of Case payments in full.
3.5. ❑ Text and Email Payment System
3.5.1. Provider will deliver functionality to allow Customers to setup text (SMS) and/or email payment and notification
preferences through their E -Payment System profile. Customers will be required to (i) have a valid payment
method stored within their profile and (ii) verify their cell phone number prior to completing registration.
3.6. ❑ eCheck/ACH E -Payment System
3.6.1. Provider will configure web E -Payment System to accept eCheck/ACH Payments.
3.7. ® Integrations
3.7.1. Provider will create/maintain an integration with record management or other system. System integration
Statement of Work is in Exhibit B.
3.8. ® E -Payment System Training
3.8.1. Provider will provide support and training to Merchant personnel via live, web -based session(s). A training
schedule will be shared during implementation.
4. Merchant's Responsibilities: In order for Provider to provide the Services outlined in this SOW, the Merchant shall deliver the
following, included as marked (®):
4.1. ® General
4.1.1. Provide ACH forms required for the remittance of funds.
4.1.2. Attend client care calls as requested.
4.1.3. Notify Provider of changes to any state, county, or municipal mandates or laws.
4.1.4. Revoke system access of terminated Merchant employees at time of termination.
4.2. ❑ Web E -Payment System
4.2.1. For the duration of this SOW, Merchant will maintain an active link connecting the Merchant website and the
Provider payment portal in a prominent and mutually agreed location on the Merchant website.
Payment Processing Services Statentent of Work nCoart, LLC & Indian River County - Solid Waste Disposal District 2"ge 3 of 14
4.3. ® Counter E -Payment System
4.3.1. Merchant will keep all point of sale terminals in good order and repair except for normal wear and tear in the
ordinary course of business.
4.4. ❑ Phone E -Payment System
4.4.1. The phone number for the payment IVR (if applicable) and Provider Call Center (if applicable) will also be added
to the website.
4.4.2. The Merchant will add the IVR Payment option (if applicable) as part of the Merchant general phone system.
4.5. ® Integrations
4.5.1. The Merchant, via their record management system, DataBridge, will update Provider's payment program on a
near real-time basis, with data on all open and payable records from the Merchant's server. Upon exchange of the
data, the information may be accessed, and payment made by the Customer. Record management system
integration Statement of Work is in Exhibit B.
4.6. ❑ PayPal setup details required:
Merchant Bank Account Information:
Name of Bank:
ABA No.:
Account No.:
Account Name:
Reference:
SIGNATURES
In witness whereof, the Parties have executed this SOW by their duly authorized representatives as of the date first above written.
Indian River County - Solid Waste Disposal District: nCourt, LLC:
Signed:
Name:
Title:
Date:
Signed:
Name:
Title:
Date:
Pavment Processing Semites Statement of Work: nCourt. LLC & Indian River County - Solid Waste Disposal District 2ige 4 of 14
EXHIBIT A: FEES
1. The expected processing volume in the Program is estimated at 2,200 transactions per month or $110,000 per month.
2. E -Payment System
In consideration for the provision of the development, hosting, application, customer service, and processing fees related to the E -
Payment System, Customers will pay applicable fees ("Convenience Fees") and/or Merchant will be billed applicable fees
("Merchant Absorbed Fees") associated with payment transactions marked (M) as follows:
Payment Channel
Transaction Type
Fee Structure
Merchant
Absorbed
❑ Online
❑ Credit Cards
(via web or mobile device)
❑ Visa
❑ Mastercard
❑ Discover
❑ American Express
❑
❑ Debit Cards
❑ Visa
❑ Mastercard
❑ Discover
❑ PayPal / PayPal Credit / Venmo
❑ E -Check / ACH
❑
M Counter
M Credit Cards
(in -office via PCI compliant,
M Visa
EMV ready card readers)
M Mastercard
M Discover
For each transaction, the higher of:
M American Express
3.5% per transaction
or
$1.99 minimum fee per transaction
❑
M Debit Cards
M Visa
M Mastercard
M Discover
❑ E -Check / ACH
❑
❑ Call Center
❑ Credit Cards
(via live, bilingual call
❑ Visa
center agent)
❑ Mastercard
❑ Discover
❑ American Express
❑
❑ Debit Cards
❑ Visa
❑ Mastercard
❑ Discover
❑ E -Check / ACH
❑
❑ IVR
❑ Credit Cards
(via automated phone
❑ Visa
system)
❑ Mastercard
❑ Discover
❑ American Express
❑
❑ Debit Cards
❑ Visa
❑ Mastercard
❑ Discover
❑ E -Check / ACH
❑
❑ Cash
❑ Cash
❑
Payment Processing Services Statement of Work: nCourt. LLC & hulian River County - Solid Waste Disposal District 292ge 5 of 14
at participating locations
3. Implementation Services
Only the services marked (®) will be implemented. Fees will be waived if Merchant implements E -Payment System within twelve
(12) months:
Implementation Service
Fee Recurrence
Fee
® E -Payment System Deployment &
Program Implementation
One-time
$x&888-08 Waived
❑ IVR Implementation
One-time
$2,000.09 Waived
® Web Services or API Implementation
One-time
$5,89&00 Waived
® File Integration
One-time
$2,800.00 Waived
® Support & Training
(_ hour(s))
Per hour
$150.00 Waived
❑ Custom Programming
(_ hour(s))
Per hour
$150.09 Waived
® POS Terminals
terminal(s))
Per unit
$330:89 Waived
4. Ongoing Services
Payment processing and development services to be funded by Merchant, as marked (®):
Service
Fee Recurrence Fee
❑ Address Verification
Per occurrence
❑ Chargeback Processing
Per occurrence
❑ Statement Fee
Per occurrence
Pavment Processing Services Statement of Wo&- nCourt, LLC & Indian Rimer County -Solid Waste Disposal District
293ge 6 of 14
EXHIBIT B: INTEGRATION SCOPE
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Payment Processing Services Statement of Work.- nCourt. LLC & Indian River County - Solid Waste. Disposal District 294ge 7 ol' 14
EXHIBIT C: TERMS AND CONDITIONS
1. E -PAYMENT SYSTEM.
1.1. E -Payment System. Subject to the terms of this Agreement, during the Term, Provider will process electronic payments to
Merchant ("Payments") from Merchant's taxpayers, citizens and/or customers ("Customers") via an electronic payment system that is
provided by Provider and is described in more detail in the SOW (the "E -Payment System"). Merchant will promptly provide Provider
with information reasonably required by Provider in order to promptly and accurately perform the services contemplated by this
Agreement.
1.2. Payment Date. The date the Payment is posted is the date the Customer manually transmits the Payment to the E -Payment
System or the date an agreed automatic Payment is initiated, whichever is applicable (the "Payment Date"). The Payment Date will be
deemed the date the Payment is made for all purposes, including any late fees, if any, that Merchant may charge to such Customer.
Provider will remit to Merchant all Payments paid via the E -Payment System no later than two (2) business days, excluding bank
holidays, following the Payment Date. Provider cannot control Merchant's financial institution's funds availability or posting policies.
1.3. Chargebacks. Merchant will promptly investigate all Chargebacks (as defined by the Rules of the applicable Payment
Network) with the assistance of Provider. Merchant is responsible for the amounts of all Chargebacks, deposit errors, refunds, and
unfulfilled products and services ("Disputed Amounts"). Provider is responsible for the third -party fees and penalties levied by a
Payment Network in respect of the investigation and resolution of a Chargeback ("Chargeback Resolution Fees"). Provider may, in its
discretion, debit Merchant's account in respect of Disputed Amounts or bill Merchant for the amount of such Disputed Amounts.
1.4. Fraud. Provider may, in its sole discretion, implement any fraud prevention systems that it deems necessary, appropriate,
and/or advisable, including, but not limited to, CVV2, Address Verification Service, Verified by Visa, MasterCard Secure Code and/or
similar systems.
1.5. Indemnified Payments. Chargebacks and Fraud Sections notwithstanding, for payment types marked as Indemnified in the
SOW, Provider will promptly investigate all Chargebacks (as defined by the Rules of the applicable Payment Network) with the
assistance of Merchant. Provider will be liable for Chargeback liability derived from Payments processed by Provider; provided,
however, that (a) the Payment was made via credit card, debit card, PayPal, or Veneto; and (b) Provider may, in in its sole discretion,
implement any fraud prevention systems that it deems necessary, appropriate and/or advisable, including, but not limited to, CVV2,
Address Verification Service, Verified by Visa, MasterCard Secure Code and/or similar systems; and (c) Merchant, will promptly, from
time to time, deliver to Provider all agreements, documents and data and perform all such acts and deeds that Provider requests from (or
of) Merchant for the purpose of resolving a Chargeback; and (d) Merchant will reimburse Provider in respect to fraud, deposit errors
and/or duplicative payments.
1.6. Modification of E -Payment System. Provider may modify the features and functionality of the E -Payment System at any time
and from time to time; provided, however, that Provider will not modify the E -Payment System in a manner that would significantly
adversely affect the use thereof, without providing at least ten (10) days prior notice to Merchant of any such modification.
1.7. Fees. In consideration for the provision of the E -Payment System, Customers will pay to Provider, in respect of each Payment,
the Convenience Fees that are detailed in the SOW and Merchant, if applicable, will pay to Provider the Merchant Absorbed Fees and/or
other fees set forth in the SOW. Provider will pay the charges levied by the Payment Networks for processing Payments, including
interchange fees, assessments, authorization fees, risk fees, transmission fees and similar fees ("Transaction Fees") and for Chargeback
Resolution Fees. If federal and/or state statutes or Payment Network Rule changes impact the ability to impose the Convenience Fees
and/or Merchant Absorbed Fees, or if the Payment Network(s) notify either party of changes required to the Convenience Fees and/or
Merchant Absorbed Fees, the parties agree to amend the Convenience Fees and/or Merchant Absorbed Fees to comply with such statutes
and rule changes. The Convenience Fees and/or Merchant Absorbed Fees are calculated based on the assumptions that the total number
of payments and the total payment amount collected each month from the use of non -consumer credit and debit cards shall be under 5%
of the respective total per month and that the combined cost of Third Party Fees is less than 60% of the Convenience Fees and/or
Merchant Absorbed Fees charged by Provider for a given transaction type (e.g., tax payment) and/or payment method (e.g., Visa credit)
(collectively, the "Fee Assumptions"). Provider may amend the SOW, upon prior written notice to Merchant, if a Fee Assumption is not
accurate or if such change is required due to changes in the Rules. "Payment Network" means a group of credit/debit card issuer banks,
debit networks and other method providers, including, without limitation, PayPal Commerce, Visa U.S.A., Inc., MasterCard
International, Inc., American Express, Discover, and the NYCE, Pulse, Star, and Interlink debit networks. "Rules" are the bylaws, rules,
and regulations, as they exist from time to time, of the Payment Networks. "Third Party Fees" means all taxes imposed by any
governmental entity and Transaction Fees.
1.8. Reporting. Provider will provide its standard daily transaction reports; provided, however, that Provider may provide custom
transaction reports to Merchant for an additional monthly fee upon Merchant's request.
1.9. Routing; Transaction Processing. Provider may, in its sole discretion, route Payments through any eligible network, including
but not limited to debit networks, and/or process Convenience Fees as a single transaction (Convenience Fee plus Payment) or as separate
transactions.
Panment Processing Services Statement of Work: nCourt. LLC & Indian River County - Solid Waste Disposal District 295ge 8 of 14
2. GENERAL.
2.1. Operating Regulations. Merchant agrees that the Association's and other payment network's by-laws, operating regulations
and/or all other rules, policies and procedures, including but not limited to the Payment Card Industry Data Security Standard, the VISA
Cardholder Information Security Program, the Mastercard Site Data Protection Program, and any other program or requirement that
may be published and/or mandated by the Associations or payment networks (collectively "Operating Regulations") are incorporated
by reference into this Agreement and that nothing in this Agreement shall be construed to interfere with or lessen the right of Processor,
Member Bank, or the Associations to terminate the Provider Merchant Agreement at any time. "Associations" as used in the Agreement
shall mean Mastercard International Inc. ("Mastercard"), VISA U.S.A. Inc. ("VISA"), Discover ("Discover"), and certain similar
entities. In the event of a conflict between this Agreement and the Operating Regulations, the Operating Regulations will control.
"Member Bank" as used in this Agreement shall mean a member of VISA, Mastercard and/or Discover, as applicable, that provides
sponsorship services in connection with this Agreement.
2.2. Merchant Obligations.
i. Merchant acknowledges and agrees:
a. it is responsible for the actions of its employees and agents;
b. it will comply with all applicable laws and regulations and all applicable parts of the Operating Regulations;
including those parts regarding the ownership and use of an Association's mark including but not limited to names,
logos, trade names, logotypes, trademarks, service marks, trade designations, and other designations, symbols
("Association Marks");
c. Provider or an Association is authorized to research Merchant's background including, but not limited to, credit
background checks, banking relationships, and its financial history;
d. notwithstanding any provisions in the agreement to the contrary, information obtained in connection with
Merchant's application or processing relationship may be shared with Association for any legitimate purpose;
e. it will notify Provider of any third party that will have access to cardholder data;
f. it will comply with, and will contractually require its suppliers and agents to comply with, the provisions of the
Cardholder Information Security Program (CISP) and PCI DSS, or other security program as required by an
Association and demonstration compliance with these security obligations; and
g. Associations may conduct, or direct another party to conduct, an audit of Merchant at any time, and Merchant much
comply in all material respects with such audit until its completion.
h. In the event that more than $1,000,000 in Visa transactions and/or $1,000,000 in MasterCard transactions (or such
other amount provided by the Operating Regulations) (`Benchmark Amount") is processed through and on behalf of
Merchant in any 12 -month period, Merchant will automatically be deemed to have accepted, and will be bound by,
the "Merchant Services Agreement for Sub -Merchants" with Provider's designated merchant acquirer ("Acquirer")
which is set forth in the Merchant Services Agreement for Sub -Merchants, the terms of which will be independently
enforceable by Acquirer.
ii. Merchant represents and warrants that it will not:
a. discriminate against Cards or Issuers (e.g. limited acceptance options) except in full compliance with the Operating
Regulations;
b. intermingle fees associated with an Associations' transactions with fees associated with other Card transactions in its
pricing;
c. submit any transaction to Provider that was previously charged back and subsequently returned to the Merchant,
irrespective of Cardholder approval;
d. knowingly submit any transaction that is illegal or that the Merchant should have known was illegal. Merchant
acknowledges that such transaction must be legal in both Cardholder's and Merchant's jurisdiction;
e. submit a transaction that it knows, or should have known is either fraudulent or not authorized by the Cardholder;
f. require a Cardholder to complete a postcard or similar device that includes the Cardholder's account number, Card
expiration date, signature, or any other Card account data in plain view when mailed, nor request a Card Verification
Value 2 ("CVV2") for a card -present transaction, nor retain or store any portion of the magnetic -stripe data
subsequent to the authorization of a sales transaction, nor any other data prohibited by the Operating Regulations or
this Agreement, including CVV2;
g. add a surcharge to transactions, except as expressly permitted by, and in full compliance with, the Operating
Regulations;
h. charge a minimum or maximum amount for a transaction unless expressly authorized by, and in full compliance
with, the Operating Regulations;
i. disburse funds in the form of cash unless Merchant is participating in full compliance with a program supported by
an Association for such cash disbursements and in full compliance with the Operating Regulations;
j. submit a transaction that does not result from an act between the Cardholder and the Merchant;
Papnment Processing Services Statement of Work: nCourt, LLC & Indian Rimer Count, - Solid YYaste Disposal District 2%ge 9 of'14
k. accept a Card issued by a U.S. Issuer to collect or refinance an existing debt, unless expressly authorized by, and in
full compliance with, Operating Regulations;
1. request or use a Card account number for any purpose other than as payment for its goods or services; and
in. add any tax to transactions, unless applicable law expressly requires that a Merchant be permitted to impose a tax. In
such event, any tax amount, if allowed, must be included in the transaction amount and not collected separately.
n. If applicable, Merchant will provide Provider with a copy of its annual PCI Attestation of Compliance (AOC) and/or
PCI Self -Assessment Questionnaire (SAQ) (as applicable based on PCI DSS qualifications) annually.
2.3. American Express. If Merchant chooses to accept American Express, then Merchant agrees to the terms and conditions set
forth below.
i. Processing Restrictions. Merchant is prohibited from processing Transactions or receiving payments on behalf of, or (unless
required by law) re -directing payments to any other party.
ii. Third Party Beneficiary Rights.
a. Merchant confers on American Express the beneficiary rights, but not obligations, to the Agreement and, as such,
American Express has the express right to enforce the terms of the Agreement against the Merchant.
b. Merchant warrants that it does not hold third party beneficiary rights to any agreements between Provider and
American Express and at no time will attempt to enforce any such agreements against American Express.
iii. American Express Liability. MERCHANT ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL
AMERICAN EXPRESS, ITS AFFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO MERCHANT
FOR ANY DAMAGES, LOSSES, OR COSTS INCURRED, INCLUDING INCIDENTAL, INDIRECT, SPECULATIVE,
CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (WHETHER BASED ON
CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, FRAUD, OR OTHERWISE, OR STATUTES,
REGULATIONS, OR ANY OTHER THEORY), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT.
iv. The American Express Merchant Operating Guide may be viewed at: www.americanexpress.com/merchantopguide
2.4. PayPal. If Merchant chooses to accept PayPal, then Merchant authorizes and directs Provider to:
i. establish a PayPal account for and on behalf of Merchant ("Merchant's PayPal Account");
ii. authorize and direct PayPal to deposit Payments from Customers to Merchant via PayPal ("PayPal Payments") into the
Merchant's PayPal Account;
iii. authorize and direct PayPal to link Merchant's PayPal Account to Merchant's bank account described below ("Merchant's
Bank Account");
iv. authorize and direct PayPal to regularly sweep hinds from the Merchant's PayPal Account to Merchant's Bank Account; and
V. administer and manage the Merchant's PayPal Account, including receipt of any PayPal notices in connection with each
account.
Provider believes that, pursuant to its contract with PayPal as outlined above, Provider does not receive, transfer and/or transmit funds.
Rather, funds flow from Customers to PayPal, and then from PayPal to Merchant.
If, however, any governmental entity asserts that Provider does receive, transfer and/or transmit funds, then:
i. Merchant hereby appoints Provider as its lawfizl agent to receive and process PayPal Payments; and
ii. Merchant acknowledges and agrees that, with respect to the payor, payment to Provider constitutes delivery of such payment
to Merchant; and, as such, Merchant will not hold the Customer responsible for Provider's failure to deliver payment, but
rather Merchant will seek redress only from Provider.
2.5. Exclusivity. Merchant will not accept credit card or other Electronic Payments through a similar E -Payment System for
Payments from Customers for the services listed in the SOW hereto other than through Provider without the prior written consent of
Provider.
2.6. Compliance with Law. Each party will comply, at such party's own expense, with all laws, policies, guidelines, regulations,
ordinances, orders, and rules of all governmental authorities and/or regulatory bodies having jurisdiction over such party and/or the
subject matter of this Agreement, including, without limitation, the rules promulgated by the Credit Card Payment Networks, the
Payment Card Industry (PCI) Data Security Standard, Visa Cardholder Information Security Program (CISP), the MasterCard Site Data
Protection Program (SDP), and the Federal Trade Commission. Provider shall comply with applicable laws and regulations governing
electronic check processing, check conversion, and/or the initiation of preauthorized electronic debit entries, including but not limited
to the Electronic Fund Transfer Act of 1978, Federal Reserve Regulation E, the Electronic Signatures in Global and National Commerce
Act, and all FTC and NACHA rules and regulations. Merchant may be responsible for any fines and/or penalties related to ACH
notifications of change (NOC) and/or electronic check return cancellations that are not remedied in accordance with the NACHA Rules.
2.7. Nondisclosure. Each party agrees to keep confidential and to use only for purposes of performing under this Agreement, any
proprietary or confidential information of the other party disclosed pursuant to this Agreement which is appropriately marked as
confidential or which could reasonably be considered of a proprietary or confidential nature ("Confidential Information"), and, except
Payment Processing Services Statement of Work: nCoart. LLC & Indian River County -Solid Waste Disposal District lWe 10 of 14
as otherwise permitted by this Agreement, the terms of this Agreement and all negotiations relating thereto (but not the existence of this
Agreement generally). The obligation of confidentiality does not apply to information which is required by law to be disclosed (including
public right -to -know laws), which is publicly available through authorized disclosure, is known by the receiving party at the time of
disclosure, or is rightfully obtained from a third party that has the right to disclose it. All Confidential Information will remain the
property of the disclosing party.
2.8. Privacy and Security. Merchant is solely responsible for the security of data residing on servers owned or operated by
Merchant and all third parties (other than Provider) designated by Merchant (e.g., a Web hosting Merchant, processor and other service
providers), and for data transmitted to Provider. Merchant will not use, disclose, sell, and/or disseminate any cardholder information
obtained in connection with a Payment (including the names, addresses and card account numbers of cardholders) except for purposes
of authorizing, completing, and settling a Payment and resolving any Chargebacks, retrieval requests, or similar issues involving a
Payment, other than pursuant to a court or governmental agency request, subpoena, or order. Merchant will use proper controls for and
limit access to, and render unreadable prior to discarding, all records containing card account numbers and card imprints. Merchant
agrees that it will comply with all Provider security protocols and security advisories in effect during the Term. Merchant is responsible
for verifying the accuracy and completeness of all Payments submitted and processed by Provider associated with Merchant's account
and verifying that all corresponding funds are accurately processed.
2.9. System Breach. Merchant warrants that Merchant has taken such precautions as are necessary to ensure that Merchant server
and electronic systems are secure from breach or intrusion by unauthorized third parties. In the event that Merchant system is breached,
or is suspected of having been breached, and an unauthorized third party has access to or has accessed end-user data or Payment data,
Merchant will notify Provider promptly of such breach and will take such precautions as may be necessary to prevent such breaches
from occurring in the future.
2.10. Specific Prohibitions. Notwithstanding anything contrary in this Agreement, Merchant will not:
i. rent, lease, assign, sublicense, transfer, distribute, allow access to, and/or time share the E -Payment System to or with any
third party;
ii. disassemble, decompile, decrypt, extract, reverse engineer and/or modify the E -Payment System, or otherwise apply any
procedure or process to the E -Payment System in order to ascertain, derive, and/or appropriate for any reason or purpose the
source code or source listings for the E -Payment System or any algorithm, process, procedure, or other information contained
in the E -Payment System;
iii. distribute, facilitate, enable or allow access or linking to the E -Payment System in any manner deemed by Provider in its sole
and absolute discretion to be objectionable or harmful to the business and/or reputation of Provider and/or for any unlawful,
illegal, pornographic, and/or injurious purpose;
iv. make any use of the E -Payment System that impairs the functionality of the E -Payment System;
V. make use of the E -Payment System in any way, other than in accordance with this Agreement or as otherwise instructed by
Provider in writing;
vi. use the E -Payment System, either directly or indirectly, to develop any product or service that competes with the products
and/or services provided by Provider;
vii. make any copies of the E -Payment System;
viii. circumvent or attempt to circumvent any applicable security measures of the E -Payment System;
ix. attempt to access or actually access portions of any Provider systems and/or software not authorized for Merchant's use; and/or
X. use the E -Payment System in any manner, or in furtherance of any activity that may cause Provider to be subject to
investigation, prosecution, and/or legal action.
2.11. Intellectual Property. Provider represents that it owns, licenses or has the right to use and will retain during the Term all
proprietary rights in and to the E -Payment System and related materials that Provider may use in connection with implementation and
operation of the E -Payment System. Merchant acknowledges that, as between Merchant and Provider, Provider owns, licenses and/or
has the right to use, all right, title and interest, including without limitation any and all rights existing under patent law, copyright law,
moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other
proprietary rights in and to all of the intellectual property developed, owned, used and/or licensed by Provider in connection with its
performance under this Agreement, including the E -Payment System (the "Provider IP") and that Merchant will not acquire any right,
title, or interest in or to the Provider IP, including the E -Payment System. There are no implied licenses granted under this Agreement,
and any rights not expressly granted to Merchant hereunder are reserved by Provider. Merchant will not take any action inconsistent
with Provider's property rights in and to the E -Payment System, and/or any other intellectual property right of Provider.
Pcryrnent Processitig Services Statement of ff'ork: nCozert. LLC & Intliun River Coitiin, - Solid 6 ante Disposal District i2 a 11 of 14
2.12. Terminals. Merchant acknowledges and agrees that Provider may provide Merchant point of sale terminals solely for the
purpose of permitting Customers to initiate Payments via the E -Payment System. Upon receipt, this hardware becomes the sole and
exclusive property of the Merchant. Provider will facilitate processing of any warranty claims on the provided devices during the
manufacturers' warranty period. Following the expiration of the manufacturers' warranty, Provider will subsidize proportions of the
replacement cost of any defective or damaged device according to the following schedule:
1st year following warranty expiration: 25%
2nd year following warranty expiration: 50%
3rd year following warranty expiration: 75%
4th year following warranty expiration and beyond: 100%
2.13. Change Control Process. The Parties agree to use the Provider organizational standard change process "Change Control
Process" for all changes requested by Merchant and agreed to by Provider. Provider may, in its sole discretion, change, modify and/or
update the Change Control Process at any time provided that Provider provides at least ten days prior notice to Merchant.
2.14. Billing Terms. All pricing is contained in the SOW and any Amendments or Addendums that may be executed by the Parties.
The proposed pricing model may contain no transaction related or recurring costs for the Merchant and could result in Merchant incurring
no charges during a billing cycle. Provider will send Merchant a monthly invoice for any charges incurred. The invoices will include
detail for volumes and the number of transactions processed.
Merchant shall pay invoices, per the Florida Local Government Prompt Payment Act, within thirty (30) days of issue. Invoices not paid
within this period shall be charged interest which compounds daily. The interest rate shall be the lower of 18% simple interest, or the
highest amount allowable under applicable law. This interest shall accrue from the issue date and shall continue until invoice is paid in
full.
Merchant is additionally liable for any applicable federal, state, or local Taxes (exclusive of income or gross receipts Taxes properly
payable by Provider) and other fees or assessments incurred as a result of the use of the E -Payment System by Merchant.
2.15. Customer Terms & Conditions. As part of the E -Payment System, the Customer will agree to the E -Payment System terms
and conditions ("Disclaimer Language"). Provider may, in its sole discretion, change, modify and/or update the Disclaimer Language
at any time provided that Provider provides at least ten days prior notice to Merchant.
3. DISCLAIMER OF WARRANTIES.
3.1. AVAILABILITY. PROVIDER MAKES NO WARRANTIES REGARDING THE QUALITY, RELIABILITY,
TIMELINESS OR SECURITY OF THE WORLD WIDE WEB OR TELEPHONE LINES, THE INTERNET AND OTHER
GLOBALLY LINKED COMPUTER NETWORKS, OR THE WEBSITES ESTABLISHED THEREON INCLUDING THE E -
PAYMENT SYSTEM, WILL BE UNINTERRUPTED OR ERROR FREE AND PROVIDER WILL IN NO WAY BE LIABLE TO
MERCHANT OR CUSTOMER DUE TO ANY DISRUPTION OF PROVIDER'S E -PAYMENT SYSTEM OR NON-
AVAILABILITY OF THE E -PAYMENT SYSTEM DURING WHICH CUSTOMERS ARE UNABLE TO ACCESS OR USE THE E -
PAYMENT SYSTEM DUE TO A CONFIRMED PROBLEM THEREIN.
3.2. THIRD PARTY PRODUCTS. MERCHANT UNDERSTANDS AND AGREES THAT PROVIDER MAY USE THIRD
PARTY PRODUCTS IN CONNECTION WITH THE E -PAYMENT SYSTEM OFFERED HEREUNDER. THESE PRODUCTS
MAY INCLUDE FIREWALL SECURITY, WEB SERVER SOFTWARE AND ENCRYPTION SOFTWARE. PROVIDER MAKES
NO REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE OF SUCH THIRD -PARTY SOFTWARE,
SPECIFICALLY INCLUDING ANY WARRANTY THAT PERFORMANCE WILL BE UNINTERRUPTED OR ERROR -FREE.
3.3. NO IMPLIED WARRANTIES. EXCEPT FOR ANY EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT,
NEITHER PROVIDER NOR ANY THIRD PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, REGARDING THE &PAYMENT SYSTEM OR SERVICES PROVIDED HEREUNDER AND SPECIFICALLY
DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST
INFRINGEMENT, TO THE MAXIMUM EXTENT POSSIBLE BY LAW.
4. NO CONSEQUENTIAL DAMAGES.
4.1. IN NO EVENT WILL A PARTY BE LIABLE TO THE OTHER PARTY, OR TO ANY THIRD PARTY, FOR
CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, EVEN IF THE PARTY THAT WOULD OTHERWISE HAVE BEEN LIABLE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Payment Processing Services Statement of Ifork: nCourt. LLC & Indian River County -Solid PVaste Disposal District i299e 12 of 14
5. LIMITATION OF LIABILITY.
5.1. IN NO EVENT WILL PROVIDER'S LIABILITY EXCEED THE CONVENIENCE FEES PAID TO PROVIDER UNDER
THIS AGREEMENT DURING THE 12 MONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM REGARDLESS OF THE
FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT
CLAIM).
6. INDEMNIFICATION.
6.1. Provider shall hold harmless, indemnify, and defend Merchant, and all of its officers, employees, and/or officials from any and
all liability, actions, claims, losses, damages, or other costs of whatsoever nature that may be asserted by any THIRD PARTY arising
from or in connection with the collection of payments by credit or debit card or through internet transactions pursuant to the terms of
this Agreement.
7. TERMINATION.
7.1. Termination for Cause. Either party may terminate this Agreement at any time upon written notice to the other party as a
result of any of the following events:
i. any noncompliance with this Agreement which is not cured within thirty (30) days of notice thereof from the other party
(except that no cure period is allowed for termination based on fraud); and/or
ii. any voluntary or involuntary bankruptcy or insolvency proceeding involving the other party.
iii. Additionally, Provider may terminate this Agreement, upon thirty (30) days' notice to Merchant, if Provider determines in its
sole discretion that it is no longer economically prudent for Provider to absorb liability for Chargebacks.
iv. Provider certifies that it and those related entities of Provider as defined by Florida law are not on the Scrutinized Companies
that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In
addition, if this agreement is for goods or services of one million dollars or more, Provider certifies that it and those related
entities of Provider as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the
Florida Statutes and are not engaged in business operations in Cuba or Syria.
V. Merchant may terminate this Agreement if Provider is found to have submitted a false certification as provided under section
287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
as defined by section 287.135, Florida Statutes.
vi. Merchant may terminate this Agreement if Provider, including all wholly owned subsidiaries, majority-owned subsidiaries,
and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies
that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes.
7.2. Effect of Termination. Termination of this Agreement will not relieve either party of any obligation to pay the other party any
amounts due and owing to the other party prior to such termination, including, without limitation any amounts owing in respect of
Disputed Amounts.
7.3. Survival. The following Sections will survive any termination or expiration of this Agreement: General, Disclaimer of
Warranties, No Consequential Damages, Limitation of Liability, Indemnification, & Miscellaneous.
8. MISCELLANEOUS.
8.1. Promotion of Services. Merchant will promote the use by Customers of the E -Payment System by, including, but not limited
to, publishing relevant URL(s) and telephone numbers for the E -Payment System on the Merchant's home page, billing notices and
promotional materials and distributing point of sale materials. All published materials referencing Provider or the E -Payment System
will be approved for accuracy by Provider prior to publishing.
8.2. Governing Law; Waiver of Jury Trial. This Agreement will be governed by and construed in accordance with the laws of
the State of Florida without reference to conflict of law provisions. Any action, proceeding, litigation, or mediation relating to or arising
from this Agreement must be brought exclusively in Indian River County, Vero Beach, Florida. THE PARTIES HEREBY
KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHTS EITHER OF THEM MAY HAVE TO A TRIAL
BY JURY IN RESPECT OF ANY LITIGATION BASED ON, ARISING OUT OF, OR IN CONNECTION WITH THIS
AGREEMENT.
Pa mient Processing Services Statement of YYork.• nCourt. LLC & Indian River County - Solid Waste Disposal District 348e13 of 14
8.3. Binding Upon Successors and Permitted Assigns. This Agreement will be binding upon and inure to the benefit of the parties,
their successors and permitted assigns. Neither this Agreement nor any right, license, privilege or obligation provided herein may be
assigned or transferred by a party without the other party's prior written consent, which consent will not be unreasonably withheld, and
any attempted assignment or transfer without such consent is void; provided, however, that each party may, without the consent of the
other party, assign this Agreement (and its rights hereunder) in connection with any reorganization, consolidation, merger, sale of stock,
sale of substantially all assets and/or similar type of transaction(s), if the successor in interest to such assigning party assumes the
obligations of the assigning party under this Agreement in writing, is properly licensed to conduct the business contemplated hereunder,
and otherwise agrees to be bound by all of the terms of this Agreement.
8.4. Relationship of Parties. The relationship of Provider to Merchant under this Agreement will be that of an independent
contractor and nothing contained in this Agreement will create or imply an agency relationship between Merchant and Provider, nor
will this Agreement be deemed to constitute a joint venture or partnership between Merchant and Provider.
8.5. Limited Agent. Notwithstanding anything to the contrary in this Agreement, Merchant hereby appoints Provider as its lawful
agent to receive and process Payments and acknowledges and agrees that: (a) a Customer payment to Provider constitutes delivery of
such payment to Merchant; and (b) Merchant will not hold Customer responsible for Provider's failure to deliver payment, but rather
Merchant will seek redress only from Provider.
8.6. Notices. All notices required or permitted under the Agreement will be in writing and sent to the other party at the address
specified on the signature page below or to such other address as either party may substitute from time to time by written notice to the
other and will be deemed validly given upon receipt of such notice given by mail (postage prepaid), electronic mail, or personal or
courier delivery to such address.
8.7. Captions and Headings. The captions and headings appearing in this Agreement are for reference only and will not be
considered in construing this Agreement.
8.8. Waiver. No term or condition of this Agreement may be waived except pursuant to a written waiver executed by the party
against whom such waiver is sought to be enforced.
8.9. Severability. If any provision of this Agreement, or the application thereof, is found invalid or unenforceable, that provision
will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this Agreement
will remain in full force.
8.10. Publicity. The parties agree that they will not use the other party's name, trademark or service mark, or the existence of the
contractual relationship in any press release, marketing, promotional, advertising, or any other materials without the other party's prior
written consent.
8.11. Amendment and Changes. This Agreement or any provision hereof may not be changed, amended, supplemented, discharged,
terminated, or otherwise altered except by a statement in writing signed by the party against whom enforcement of same is sought.
8.12. Force Majeure. Neither party will be liable for delays in processing or other nonperformance caused by such events as fires,
telecommunications, utility, or power failures, equipment failures, labor strife, riots, war, nonperformance of our vendors or suppliers,
acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this clause will affect or
excuse a party's liabilities and obligations for Disputed Amounts.
8.13. Entire Agreement. This Agreement, including the SOW and Merchant Services Agreement for Sub -Merchants, contains the
entire understanding and agreement between the parties with respect to its subject matter, superseding all prior or contemporaneous
representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter.
8.14. Facsimile Signature and Counterparts. An SOW or Amendment to this Agreement may be executed by exchange of
signature pages by facsimile, e-mail and in any number of counterparts, each of which will be an original as against any party whose
signature appears thereon and all of which together will constitute one and the same instrument.
8.15. E -Verify Registration. Provider is registered with and will use the Department of Homeland Security's E -Verify system
(www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required
by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors
Payment Processing Services Statement of Work nCourt. LLC & Indian River County - Solid Waste Disposal District38r�e 14 o04
Ivey
SWDD Item
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: July 1, 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: Amendment No. 1 to Work Order No. 45 to Kimley Horn and Associates for Landfill
Automated Scale System
Descriptions and Conditions:
On October 19, 2021, the Solid Waste Disposal District (SWDD) approved Work Order No. 45 to Kimley-
Horn and Associate, Inc. (KHA) to provide engineering services related to the Automated Scale System
project for a cost of $73,430.
At the 30 percent design milestone, SWDD staff indicated a preference to reconfigure the entrance to
place the bypass lane between the two inbound scales, rather than to the north of the new scale. Partial
redesign was required to accommodate the change. Amendment No. 1 provides for this redesign, as well
as an assessment of automated terminal configuration options, coordination with the scale provider to
reflect the change in the terminal configuration, and additional construction services to advance the
installation of the scale concurrently with the bidding of the balance of the project.
Staff received the attached Amendment No. 1 from KHA for these additional services and recommends
approval from the SWDD Board.
Analysis:
KHA has prepared Amendment No. 1 to Work Order No. 45, per the Continuing Consulting Engineering
Services Agreement for Professional Services, for engineering services detailing the scope of work, budget,
and schedule for each of the tasks. The tasks are listed below showing the scope and their estimated fees.
TASK
DESCRIPTION
ORIGINAL AMOUNT
AMENDMENT NO. 1
REVISED AMOUNT
Task 1
Preliminary Design
$10,850
$ 0
$10,850
Task 2
Design
$24,320
$ 8,978
$33,298
Task 3
Permitting
$ 7,540
$ 0
$ 7,540
Task 4
Bidding
$ 6,300
$ 0
$ 6,300
Task 5
Construction Phase Services
$21,720
$ 3,843
$25,563
Task 6
Record Drawings
$ 2,700
$ 0
$ 2,700
TOTAL =
$73,430
$12,821
$86,251
SWDD Agenda - Amendment No. 1 to Work Order No 45 to Kimley Horn - Automated Scale System Page 1 N
SWDD Item
Funding:
Funding for the SWDD Landfill Automated Scale System project is budgeted and available in the
SWDD/Other Equipment account, number 411-166002, for a total amount of $600,000, which is funded
from SWDD assessments and user fees. The updated amount of $86,251 will be drawn from this account.
Description
Account Number
F Amount
SWDD/Other Equipment
411-166002
1 $86,251
Recommendation:
Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following:
a) Approve Amendment No. 1 to Work Order No. 45 with Kimley-Horn and Associates, Inc. for $12,821,
with an amended total of $86,251, to provide engineering services related to the Landfill Automated
Scale System.
b) Authorize the Chairman to execute the same, as presented.
Attachment:
1. Amendment No. 1 to Work Order No. 45 — KHA
SWDD Agenda - Amendment No. 1 to Work Order No 45 to Kimley Horn - Automated Scale System Page 2 W
CCNA2018 WORK ORDER 45
AMENDMENT NO. 1
Automated Scale System
This Amendment No. 1 to Work Order Number 45 is entered into as of this _ day of ,
2022, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional
Services entered into as of the 17th day of April, 2018, as renewed and amended as of the 18th day of
May, 2021 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the
State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The
professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B
(Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant
will perform the professional services within the timeframe more particularly set forth in Exhibit C
(Time Schedule), attached to this Work Order and made a part hereof by this reference all in
accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the
Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and
the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if
fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
Kimley-Horn and Associates, Inc. OF INDIAN RIVER COUNTY
By: By:
Brian A. Good, P.E. Peter D. O'Bryan, Chairman
Print Name:
Title: Senior Vice President BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Approved:
Approved as to form and legal sufficiency:
Deputy Clerk
Jason E. Brown, County Administrator
Dylan T. Reingold, County Attorney
304
AMENDMENT NO.1
WORK ORDER NUMBER 45
AUTOMATED SCALE SYSTEM
EXHIBIT A
SCOPE OF WORK
PROJECT UNDERSTANDING
Indian River County (County) solid waste disposal district (SWDD) operates a Class I
municipal solid waste landfill, that utilizes a single entrance scale for monitoring and
tracking incoming loads and tonnages of material delivered. Deliveries include a
combination of private (residential) drop-offs, commercial haulers (ex. landscaping
contractors) and municipal haulers that service the unincorporated County and
municipalities. The County is proposing to add an automated, unmanned, inbound bypass
scale that would allow the municipal haulers and commercial haulers that have accounts
set up with SWDD to automatically weigh in, drop off and then exit, with the net weight
delivered calculated off of pre-recorded tare weight for that particular truck.
At the 30 percent design milestone, SWDD indicated a preference to reconfigure the
entrance to place the bypass lane between the two inbound scales, rather than to the north
of the new scale. Partial redesign was required to accommodate the change. Amendment
No. 1 provides for this redesign, as well as an assessment of automated terminal
configuration options, coordination with the scale provider to reflect the change in the
terminal configuration and additional construction services to advance the installation of
the scale concurrently with the bidding of the balance of the project.
Kimley-Horn (Consultant) will provide the amended Scope of Services, as follows.
SCOPE OF SERVICES
Task 1: Preliminary Design Activities
No change.
Task 2: Design Services
Subtask 2.2 is amended as outlined below.
Subtask 2.1— 30 Percent Design
No change.
Subtask 2.2 — 60 Percent Design
The Consultant will coordinate with the scale manufacturer to revise the configuration of
the new scale and automated terminal to accommodate the center bypass lane. The 30
percent design documents will be revised to reflect the change. The additional guardrail
305
Page 1 of 5
and bollards required to protect the scale equipment will result in minor redesign of the
grading and drainage plans in the immediate vicinity.
Subtask 2.3 — 90 Percent Design and Final Bid Package
No change.
Task 3: Permitting Services
No change.
Task 4: Bidding Services
No change.
Task 5: Construction Phase Services (Not -to -Exceed)
The Consultant will provide additional construction phase services to advance the
installation of the scale (pre -purchased by SWDD) while the procurement package for the
balance of the project is being advertised. It is anticipated that this will require an
additional 45 days of construction duration, with periodic site visits by the Consultant.
Task 6: Record Drawings
No change.
Page 2 of 5
306
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C7
ADDITIONAL SERVICES
The following services are not included in the Scope of Services for this project but may be required
depending on circumstances that may arise during the execution of this project. Additional services
may include, but not be limited to the following:
• Environmental Services (surface water impacts, gopher tortoise relocation, etc.)
• Instrumentation design, integration, testing or training
• Irrigation system relocation design (County to complete) for piping affected by the widening
of the entry road
308
Page 4 of 5
EXHIBIT C
TIME SCHEDULE
Task 1 Deliverables:
No Change
Task 2 Deliverables:
30 Percent Design — Additional 4 Weeks
60 Percent Design — Additional 4 Weeks
90 Percent Design — No Change
Final Bid Documents — No Change
Task 3 Deliverables:
PERMITS TBD
Task 4 Deliverables:
Advertise — Upon Site Plan Approval
Open Bids — 4 weeks from Advertisement
Award of Contract — 4 weeks from Bid Opening
Task 5 Duration:
Approximately 4 Months
Task 6 Deliverables
Record Drawings — 4 weeks from Completion of Construction
K
SWDD Item
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: July 1, 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: Amendment No. 2 to Work Order No. 44 to Kimley-Horn for Landfill Gas Flare Skid
Improvements and Pipeline Extension Project
Descriptions and Conditions:
On October 12, 2021, the Solid Waste Disposal District (SWDD) approved Work Order No. 44 to Kimley-
Horn and Associates, Inc. (KHA) utilizing Biogas Engineering (BGE) as a sub -consultant to provide
engineering services related to the Landfill Gas Pipeline Extension and Skid Improvements project for a
cost of $226,420. The project includes the replacement of the current "low-pressure" landfill gas (LFG)
collection and control system to a "high pressure" system, as well as a new LFG line from the flare system
to the new evaporation system. On January 18, 2022, the SWDD Board approved Amendment No. 1 to
Work Order No. 44 to Kimley-Horn for $40,830, with an amended total of $267,250.
The design work is proceeding well; however, an amendment is needed for additional geotechnical
services related to additional concrete slabs needed for reconfiguration of the skid modifications, review
of blower skid proposals from various suppliers, structural design of the concrete slabs, additional
meetings, and general project management efforts.
Staff received the attached Amendment No. 2 from KHA for these additional services and recommends
approval from the SWDD Board.
Analysis:
KHA has prepared Amendment No. 2 to Work Order No. 44, per the Continuing Consulting Engineering
Services Agreement for Professional Services, for engineering services detailing the scope of work, budget,
and schedule for each of the tasks. The tasks are listed below showing the scope and their estimated fees.
SWDD Agenda - Amendment No. 2 to Work Order No 44 to Kimley Horn Page 1 Offo
SWDD Item
Previously Approved Work Order No. 44 Task Summary:
PHASE 1
DESCRIPTION
KIMLEY-
HORN
SUBCONSULTANT
OTHER
EXPENSES*
TOTAL
AMOUNT
Task 1
Landfill Gas Pipeline Extension
$31,280
$ 60,500
$ 0
$ 91,780
Task 2
Landfill Flare Skid Improvements
$14,340
$112,300
$8,000
$134,640
TOTAL =
$45,620
$172,800
$8,000
$226,420
* Other Expenses are for travel to be billed on a time and materials basis.
TOTAL =
Amendment No. 1 Work Order No. 44 Task Summary:
PHASE 1
DESCRIPTION
KIMLEY-
HORN
SUBCONSULTANT
OTHER
EXPENSES *
TOTAL
AMOUNT
Task 1
Landfill Gas Pipeline Extension
$ 9,450
$1,750
$0
$11,200
Task 2
Landfill Flare Skid Improvements
$18,620
$ 0
$0
$18,620
Task 3
SCADA
$11,010
$ 0
$0
$11,010
TOTAL =
$39,080
$1,750
$0
$40,830
* Other Expenses are for travel to be billed on a time and materials basis.
Amendment No. 2 Work Order No. 44 Task Summary:
PHASE 1
DESCRIPTION
KIMLEY-
HORN
SUBCONSULTANT
OTHER
EXPENSES *
TOTAL
AMOUNT
Task 1
Landfill Gas Pipeline Extension
$ 3,160.50
$1,000
$0
$ 4,160.50
Task 2
Landfill Flare Skid Improvements
$ 9,145.50
$ 0
$0
$ 9,145.50
Task 3
SCADA
$ 0.00
$ 0
$0
$ 0.00
TOTAL=
$12,306.00
$1,000
$0
$13,306.00
* Other Expenses are for travel to be billed on a time and materials basis.
Funding:
Funding for the SWDD Leachate Project is budgeted and available in the SWDD/Landfill/Engineering
Services, account number 41121734-033130, for $4,160.50, which is funded from SWDD assessments and
user fees. The Landfill Gas Flare Skid Improvements are considered a "closure activity" and, as such, is
funded from an escrow account long established per Florida Department of Environmental Protection
(FDEP) requirements, which has the funds available in the SWDD/Accrued Closure — I, II & Infill, account
number 411-239006, for $9,145.50.
Account Name
Account Number Amount
SWDD/Landfill/Engineering Services
41121734-033130 $ 4,160.50
SWDD/Accrued Closure — I, II & Infill (Escrow)
411-239006 $ 9,145.50
Total $13,306.00
SWDD Agenda - Amendment No. 2 to Work Order No 44 to Kimley Horn Page 2 affil
SWDD Item
Recommendation:
Solid Waste Disposal District staff recommends that its Board approve the following:
a) Approve Amendment No. 1 to Work Order No. 44 with Kim ley -Horn and Associates, Inc. for $13,306,
with an amended total of $280,556, to provide engineering services related to the Landfill Gas Pipeline
Extension and Skid Improvements.
b) Authorize the Chairman to execute the same, as presented.
Attachment:
Amendment No. 2 Work Order No. 44 — KHA
SWDD Agenda - Amendment No. 2 to Work Order No 44 to Kimley Horn Page 3 ff2
CCNA2018 WORK ORDER 44
AMENDMENT NO. 2
Landfill Gas Flare Skid Improvements and Pipeline Extension
This Amendment No. 2 to Work Order Number 44 is entered into as of this _ day of ,
2022, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional
Services entered into as of the 17th day of April, 2018, as renewed and amended as of the 18th day of
May, 2021 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the
State of Florida ("COUNTY") and _Kimley-Horn and Associates, Inc. ("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The
professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B
(Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant
will perform the professional services within the timeframe more particularly set forth in Exhibit C
(Time Schedule), attached to this Work Order and made a part hereof by this reference all in
accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the
Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and
the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if
fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
Kimley-Horn and Associates, Inc. OF INDIAN RIVER COUNTY
By: By:
Brian A. Good, P.E.
Print Name:
Peter D. O'Bryan, Chairman
Title: Senior Vice President BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Approved:
Approved as to form and legal sufficiency:
Deputy Clerk
Jason E. Brown, County Administrator
Dylan T. Reingold, County Attorney
313
AMENDMENT NO.2
WORK ORDER NUMBER 44
LANDFILL GAS FLARE SKID IMPROVEMENTS AND PIPELINE EXTENSION
EXHIBIT A
SCOPE OF WORK
PROJECT UNDERSTANDING
Indian River County (County) solid waste disposal district (SWDD) currently relies on a
candlestick flare for landfill gas (LFG) emissions. The current blower flare skid was
installed in 2004 and is in need of updating and reconfiguration for overall performance
and efficiency, and to accommodate the renewable natural gas (RNG) project that is in
development with the Indian River Eco District (IRED). In addition, SWDD is working
with a third -party to install a leachate evaporation system that may utilize landfill gas as a
fuel source. To accommodate the RNG and evaporation projects, modifications to the LFG
skid and an extension to the LFG pipeline are required. The proposed modifications will
improve the LFG collection and control system by providing reliable vacuum pressure to
the gas wellfield and ensure continuous delivery of dry, pressurized LFG to the evaporation
and RNG projects.
Kimley-Horn and Associates, Inc. (Consultant) has partnered with BioGas Engineering
(BioGas) to design, permit and bid the proposed improvements. Amendment No. 2
provides for additional geotechnical services related to additional concrete slabs needed
for reconfiguration of the skid modifications, review of blower skid proposals from various
suppliers, structural design of the concrete slabs, additional meetings, and general project
management efforts.
SCOPE OF SERVICES
Task 1: Landfill Gas Pipeline Design
Subtask 1. 1.3 has been amended as noted below.
Subtask 1.1 Preliminary Design Activities
1.1.1 Alignment for Survey Purposes
No changes.
1. 1.2 Survey
No changes.
1.1.3 Geotechnical Data
The Consultant will modify the subcontract with a local geotechnical engineering
consultant who routinely performs work for the County on the SWDD property to
perform additional services to collect geotechnical data in several additional
314
Page 1 of 6
locations for the new slab configuration and addition of the dehydration system.
The additional borings are required to supplement the previously budgeted hand
auger samples, for structural purposes.
Subtask 1.2 Landfill Gas Pipeline Design
1.2.1 30 Percent Design
No changes.
1.2.2 60 Percent Design
SWDD requested a realignment of the pipeline to avoid a conflict with the ongoing
project to underground the existing overhead electrical lines. This resulted in a
redesign and an evaluation of horizontal directional drill versus open trench
construction methods. The Consultant will provide additional coordination and
alignment services for the subconsultant designing the pipeline.
1.2.3 90 Percent Design and Final Bid Package
No changes
1.2.4 Bidding and Project Management
No changes
Subtask 1.3 Coordination with Heartland
No changes.
Task 2: Landfill Gas Skid Design
Subtasks 2.3, 2.4 and 2.5 have been modified to accommodate minor changes to the scope
of the project.
Subtask 2.1 Request for Information
No changes.
Subtask 2.2 30 Percent Design
No changes.
Subtask 2.3 60 Percent Design
The County requested that the Consultant review three bids received from three suppliers
for the LFG Blower Skid package. This included additional coordination with the suppliers
to verify and adjust pricing to be comparable amongst all three. This evaluation was not
anticipated nor included in the original Scope of Services. This task also included
coordination with the subconsultant on the configuration of the additional dehydration
system equipment and skid (added after the original Scope of Services was authorized).
Subtask 2.4 90 Percent Design and Final Bid Package
The original Scope of Services assumed that the existing equipment slab would be utilized
for the installation of the new equipment (and that the LFG system would be taken out of
315
Page 2 of 6
service during construction to accommodate the swapping of equipment). SWDD
subsequently determined that the LFG system could not be out of service long enough to
accommodate construction of the new system, and rather, a new slab would be required to
install the new equipment while maintaining the existing operation. This task will be
amended to include the structural design of three new concrete slabs for the new blower
skid, the dehydration skid, and the new flare.
Subtask 2.5 Bidding and Project Management
This task has been amended to provide for additional project management and
coordination efforts.
Subtask 2.6 Permitting
No changes.
Task 3: SCADA Coordination and Electrical Considerations
No changes.
316
Page 3 of 6
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ADDITIONAL SERVICES
The following services are not included in the Scope of Services for this project but may
be required depending on circumstances that may arise during the execution of this
project. Additional services may include, but not be limited to the following:
• Environmental Services (surface water impacts, gopher tortoise relocation, etc.)
• Construction Services
• Design of the RNG or evaporation system projects
• Stormwater modeling
• Electrical design beyond the minimal effort outlined herein
318
Page 5 of 6
EXHIBIT C
AMENDED TIME SCHEDULE
The original schedule will be extended by approximately 90 days to accommodate additional
services and design modifications.
319
Page 6 of 6
ire
SWDD Item
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: July 1, 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: Amendment No. 1 to Work Order No. 47 to Kimley-Horn and Associates for Roadway
and Drainage Improvements at the IRC Landfill
Descriptions and Conditions:
On November 16, 2021, the Solid Waste Disposal District (SWDD) approved Work Order No. 47 to Kimley-
Horn and Associate, Inc. (KHA) to provide engineering services related to the Roadway and Drainage
Improvements project for a cost of $37,060.
As the design of the drainage improvements progressed, SWDD staff requested a modification to add a
weir structure to an existing swale that was not originally accounted for in the design effort. This
amendment provides for additional design and construction observation services associated with the weir
structure, and minor revisions to the stormwater design. In addition, the site plan permitting process has
required slightly more coordination with the teams designing the various ongoing projects than initially
anticipated.
Staff received the attached Amendment No. 1 from KHA for these additional services and recommends
approval from the SWDD Board.
Analysis:
KHA has prepared Amendment No. 1 to Work Order No. 47, per the Continuing Consulting Engineering
Services Agreement for Professional Services, for engineering services detailing the scope of work, budget,
and schedule for each of the tasks. The tasks are listed below showing the scope and their estimated fees.
Task DESCRIPTION
Original
Amount
Amendment
No.1
Revised
Amount
Task 1 Landfill Roadway Improvements
$21,050
$ 0
$21,050
Task 2 Drainage Improvements
$ 7,480
$4,320
$11,800
Task 3 Site Plan Coordination
$ 8,530
$4,260
$12,790
TOTAL FEE =
$37,060
$8,580
$45,640
The three phases outlined above provide a turnkey engineering project from design, permitting,
procurement, to construction services.
SWDD Agenda - Amendment No. 1 to Work Order No 47 to Kimley Horn Page 1 A0
SWDD Item
Funding:
Funding for the SWDD Landfill Road Improvement project is budgeted and available in the SWDD/Landfill
Interior Roadway/Drainage account, number 411-169000-20031, for a total amount of $120,000, which is
funded from SWDD assessments and user fees. The amount of $21,050 for KHA Work Order 47 will be
drawn from this account. The Landfill Drainage and Site Plan portion of the project is part of the Leachate
Pre -Treatment System, which is budgeted and available in the SWDD/Leachate Pre -Treatment System
account, number 411-169000-19507, for a total amount of $600,000, which is also funded from SWDD
assessments and user fees. The amount of $24,590 for KHA Work Order 47 will be drawn from this
account.
Description Account Number Amount
SWDD/Landfill Interior Roadway/Drainage 411-169000-20031 $21,050
SWDD/Leachate Pre -Treatment System 411-169000-19507 $24,590
Total $45,640
Recommendation:
Solid Waste Disposal District staff recommends that its Board approve Amendment No. 1 to Work Order
No. 47 with Kimley-Horn and Associates, Inc. for $8,580, with an amended total of $45,640, to provide
engineering services related to the Roadway and Drainage Improvements at the Indian River County
Landfill and authorize the Chairman to execute the same, as presented.
Attachment:
1. Amendment No. 1 to Work Order No. 47 — KHA
SWDD Agenda - Amendment No. 1 to Work Order No 47 to Kimley Horn Page 2 A;1
CCNA2018 WORK ORDER 47
AMENDMENT NO. 1
Roadway Improvements and Drainage Improvements at the IRC Landfill
This Amendment No. Ito Work Order Number 47 is entered into as of this day of ,
2022, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional
Services entered into as of the 17th day of April, 2018, as renewed and amended as of the 18th day of
May, 2021 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the
State of Florida ("COUNTY") and KimleV-Horn and Associates, Inc. ("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The
professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B
(Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant
will perform the professional services within the timeframe more particularly set forth in Exhibit C
(Time Schedule), attached to this Work Order and made a part hereof by this reference all in
accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the
Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and
the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if
fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
Kimley-Horn and Associates, Inc. OF INDIAN RIVER COUNTY
By: By:
Brian A. Good, P.E.
Print Name:
Peter D. O'Bryan, Chairman
Title: Senior Vice President BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Approved:
Approved as to form and legal sufficiency:
Deputy Clerk
Jason E. Brown, County Administrator
Dylan T. Reingold, County Attorney
322
AMENDMENT NO.1
WORK ORDER NUMBER 47
ROADWAY IMPROVEMENTS AND DRAINAGE IMPROVEMENTS AT THE IRC
LANDFILL
EXHIBIT A
SCOPE OF WORK
PROJECT UNDERSTANDING
Indian River County (County) solid waste disposal district (SWDD) previously authorized
Kimley-Horn and Associates (Consultant) to provide engineering services related to the paving of
the yard waste drop-off area driveway and minor drainage improvements. As the design of the
drainage improvements progressed, SWDD staff requested a modification to add a weir structure
to an existing swale that was not originally accounted for in the design effort. This amendment
provides for additional design and construction observation services associated with the weir
structure, and minor revisions to the stormwater design.
In addition, the site plan permitting process has required slightly more coordination with the teams
designing the various ongoing projects than initially anticipated. Amendment No. 1 includes
additional time for this effort. The amended scope of services is presented below.
SCOPE OF SERVICES
Task 1: Landfill Roadway Improvements
No change.
Task 2: Drainage Improvements (Lump Sum)
This task has been amended to include the addition of a weir structure between the C&D landfill
swale and the eastern swale. This connection is currently bermed and the original design called
for removal of the berm and restoration of the flow between the two segments. SWDD has since
requested that the berm be replaced with a drivable weir structure, which requires additional civil
and structural design services.
Task 3: Site Plan Coordination
This task was initially intended to compile design documents from the various design teams
working on the ongoing landfill projects into a single Major Site Plan Permit application of the
County's Planning Department. The task required more effort than originally anticipated. An
additional fee is being requested to complete the permit process.
323
Page 1 of 4
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ADDITIONAL SERVICES
The following services are not included in the Scope of Services for this project but may be
required depending on circumstances that may arise during the execution of this project.
Additional services may include, but not be limited to the following:
• Environmental Services (surface water impacts, gopher tortoise relocation, etc.)
• Permit or application fees
• Design services related to the non-Kimley-Horn design projects listed herein.
325
Page 3 of4
EXHIBIT C
TIME SCHEDULE*
Task 1.1 Deliverables: No change
Task 1.2 Deliverables: 30 Percent Design — No Change
60 Percent Design — Additional 4 weeks
90 Percent Design — No Change
Final Bid Documents — Additional 4 weeks
Task 1.3 Deliverables: PERMITS TBD
Task 1.4 Duration: Approximately 3 Months
Task 2 Duration: No Change
Task 3 Duration: Additional 4 weeks
326
Page 4 of 4
i EBS
SWDD Item
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: July 1, 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: Amendment No. 1 to Work Order No. 42 to Kimley-Horn and Associates — Centrate to
Leachate Tank Conversion
Descriptions and Conditions:
On May 18, 2021, the Indian River County (IRC) Solid Waste Disposal District (SWDD) approved CCNA-2018
(amended and extended in 2021) Work Order No. 42 for $50,943 to Kimley-Horn and Associates (KHA) for
engineering and permitting services for the conversion of an existing 0.5 -million -gallon ground storage tank
(GST), previously used for centrate, to enable it to now store leachate. This approval was conditional
pending approval of the contract for a leachate treatment project between SWDD and the Indian River
Sustainability Center, LLC, (IRSC) which was entered on July 21, 2021.
In the process of designing the tank modifications, several challenges were encountered. The following
amended Scope of Services details those challenges, and the additional services necessary to deliver the
final design package for the tank modifications and installation of the mixer system. The principle challenge
on this project has been the determination by the Florida Department of Environmental Protection (FDEP)
that the original tank design would not meet the requirements of secondary containment for leachate
storage. This resulted in preparing and submitting an "Alternative Procedure" to the FDEP. This process
required significant evaluation of alternative design, identification of additional monitoring, testing, and
tank modifications that could serve to prevent or quickly mitigate a spill or leak in lieu of constructing a
physical containment structure. As time is of the essence for the start of the leachate evaporation project,
staff directed KHA to prepare and submit the required information to the FDEP.
The purpose of this agenda item is for the approval of Amendment No. 1 to CCNA-2018 Work Order No. 42.
Analysis:
KHA has prepared Amendment No. 1 to CCNA-2018 Work Order No. 42, for engineering and permitting
services detailing the scope of work, budget, and schedule for each of the phases. The fees to be paid by
SWDD for the execution of this work authorization are in accordance with the engineer's continuing
consulting services master agreement. The tasks are listed below, showing the expected completion
dates and their estimated fees.
SWDD Agenda - Amendment No. 1 to CCNA-2018 WO No 42 Kimley-Horn Page 327
SWDD Item
Task
DESCRIPTION
Original
Amount
Amendment
No.1
Revised
Amount
Task 1
Mixing Evaluation
$14,522
$ 9,937
$ 24,459
Task 2
Tank Modifications
$ 7,293
$ 6,019
$ 13,312
Task 3
Piping Modifications
$ 6,668
$12,873
$ 19,541
Task 4
Permitting
$ 1,491
$20,618
$ 22,109
SUBTOTAL (Lump Sum) =
$29,974
$49,447
$ 79,421
Task 5
Construction Phase Services
$20,969
$ 0
$ 20,969
SUBTOTAL (Not -to -Exceed) =
$20,969
$49,447
$ 20,969
TOTAL FEE =
$50,943
$49,447
$100,390
Staff and KHA are awaiting approval of the Alternative Procedure by the FDEP.
Funding:
Funding of $49,447 for the SWDD Leachate Treatment services, is budgeted and available in the
SWDD/Leachate Pre -Treatment System account, number 411-169000-19507, which is funded from
SWDD assessments and user fees.
Description
Account Number
Amount
SWDD/Leachate Pre -Treatment System
1 411-169000-19507
$49,447
Recommendation:
Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following:
a) Approve Amendment No. 1 to CCNA-2018, amended and extended in 2021, Work Order No. 42 with
Kimley-Horn and Associates, Inc., for $49,447, with an amended total of $100,390, for the
engineering and permitting services related to the Centrate to Leachate Tank Conversion Project.
b) Authorize the Chairman to execute the same, as presented.
Attachment (s):
Amendment No. 1 to Work Order No. 42 — Kimley-Horn
SWDD Agenda - Amendment No. 1 to CCNA-2018 WO No 42 Kimley-Horn Page 328
CCNA2018 WORK ORDER 42
AMENDMENT NO. 1
Centrate Tank Conversion
This Amendment No. 1 to Work Order Number 42 is entered into as of this _ day of
2022, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional
Services entered into as of the 17th day of April, 2018, as renewed and amended as of the 18th day of
May, 2021 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the
State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The
professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B
(Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant
will perform the professional services within the timeframe more particularly set forth in Exhibit C
(Time Schedule), attached to this Work Order and made a part hereof by this reference all in
accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the
Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and
the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if
fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
Kimley-Horn and Associates, Inc. OF INDIAN RIVER COUNTY
By: By:
Brian A. Good, P.E.
Print Name:
Peter D. O'Bryan, Chairman
Title: Senior Vice President BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Approved:
Approved as to form and legal sufficiency:
Deputy Clerk
Jason E. Brown, County Administrator
Dylan T. Reingold, County Attorney
329
AMENDMENT NO. 1
to
Work Order Number 42
CENTRATE TANK CONVERSION
EXHIBIT A
SCOPE OF WORK
PROJECT UNDERSTANDING
Indian River County (County) Solid Waste Disposal District (SWDD) previously
authorized Kimley-Horn (Consultant) to perform engineering services related to the
modification of an existing 0.5 -million -gallon ground storage tank (GST) at the County's
landfill such that it is suitable for storing leachate generated by the Class I municipal solid
waste landfill. The project is directly related to the ongoing leachate evaporation system
project (by others), which is expected to be under construction in summer 2022. The tank
is necessary to serve as a surge tank for the evaporation system during normal operations.
In the process of designing the tank modifications, several challenges were encountered.
The following amended Scope of Services details those challenges and the additional
services necessary to deliver the final design package for the tank modifications and
installation of the mixer system.
The Consultant will provide the following amended Scope of Services, as detailed below.
SCOPE OF SERVICES
Task 1: Mixing Evaluation (Lump Sum)
Once the Consultant had completed the mixer modeling and selected a jet pump mixer,
quotes were obtained for use by the County in procuring the equipment. The original
pricing from the vendors far exceeded the County's intended budget. Additional
modifications were made to revise materials and configuration to reduce costs. In addition,
several vendors were contacted to provide quotes, and all indicated that supply chain issues
would result in excessive delivery times. The Consultant worked closely with multiple
other vendors and contractors to identify a solution that would work in this application and
meet the required schedule of the project.
Amendment No. 1 provides for the additional coordination time on the mixer procurement
Task 2: Tank Modifications (Lump Sum)
The GST was originally designed to serve the biosolids dewatering facility and store a
combination of centrate from that process and leachate from the landfill. The tank has not
been used in several years. The proposed tank modifications include minor crack repairs,
recoating of the interior with a coating suitable for leachate storage and the installation of
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Page 1 of 6
mixer to prevent stagnation and solids settling. During the process of designing the
modifications, the Florida Department of Environmental Protection made a determination
that the original tank design would not meet the requirements for secondary containment
for leachate storage.
Chapter 62-701.400 of the Florida Administrative Code requires above ground storage
tanks to include secondary containment in one of several approved forms. The existing
GST does not meet those requirements, and therefore requires an Alternate Procedure
Approval from FDEP. The Alternate Procedure process is detailed below under Task 4:
Permitting; however, the additional services related to the evaluation of the options to meet
the rule are as follows:
1. Contacted various tank vendors to determine feasibility of and budget level cost
estimates for the construction of a tank within a tank or new, secondary containment
wall outside of existing GST.
2. Contacted vendor regarding the pricing for a new, double -walled metal tank.
3. Contacted various vendors regarding the options for installation of a liner within
the existing GST (determined not to be compatible with the pre -stressed concrete
tank or the mixer system that had been selected).
4. Coordination with existing tank manufacturer for structural options and
construction methods that may partially meet the FDEP Rule.
Amendment No. 1 provides for additional services related to evaluating the secondary
containment options for continued use of the GST.
Task 3: Piping Modifications (Lump Sum)
The piping system into the tank was originally anticipated to be designed to deliver both
the typical leachate and concentrated leachate to the tank in a single pipeline. As the design
progressed, SWDD staff requested several iterations of the design to allow for various
operating scenarios.
An additional modification/redesign was required when SWDD requested that the
alignment of the piping be revised to avoid the ongoing FPL project to underground the
overhead electric lines in the center of the site.
Amendment No. 1 provides for three additional pipeline design iterations and additional
valve and flow meter details related to splitting of the flows for operational flexibility.
Task 4: Permitting (Lump Sum)
As noted above, FDEP determined that the use of the GST for leachate storage would
require a variance, modifications to the design to provide for secondary containment, or a
request for approval of an Alternate Procedure. The Consultant evaluated these options, as
follows:
1. Variance — SWDD determined that a Rule variance was not the preferred long-term
option, as the intent of the Rule is to protect the environment from the spilling of
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Page 2 of 6
leachate into areas that may impact surface or groundwaters. Rather, SWDD
determined that the Alternate Procedure with additional monitoring and spill
prevention provisions would better serve the intent.
2. The Consultant evaluated the required footprint of secondary containment to meet
the rule (110% of the storage capacity of the tank, or 550,000 gallons). The
proximity of the existing GST to the lift station, pump manifold and electrical
panels, coupled with the configuration of the proposed evaporation system and
existing utilities made it prohibitive to construct the required containment.
Furthermore, the Consultant reviewed original geotechnical reports and GST
design documents to determine if the required vertical containment (liner or
compaction below the tank) was suitable for meeting the intent of the Rule.
Ultimately, the available information was not sufficient to make this determination.
3. An Alternate Procedure allows the applicant to request approval of an alternate
method of meeting the intent of a given Rule. In this case, the Consultant prepared
a request that identified additional monitoring, testing and tank modifications that
could serve to prevent or quickly mitigate a spill or leak in lieu of constructing a
physical containment structure. The Consultant will participate in several phone
calls with FDEP staff, prepare supporting documents, coordinate with project teams
(regarding minimum storage requirements) and SCADA consultants (regarding
instrumentation and controls available to monitor for leaks) to prepare the package
to be submitted to FDEP. Several follow-up meetings and a resubmittal of
additional information will also be conducted.
The original Scope of Services did not anticipate a requirement for modification of the
FDEP Solid Waste Operations permit; however, the requirement for the Alternate
Procedure triggered the requirement. The Consultant will prepare the request for an
Alternate Procedure from FDEP including supporting documentation and will assist
SWDD's permitting consultant to incorporate this change into the ongoing Operations
Permit Modification (by others).
Amendment No. 1 provides for these additional services associated with evaluating the
secondary containment options and pursuing the Alternate Procedure request.
Task 5: Construction Phase Services (Not -to -Exceed)
No changes.
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EXHIBIT B
AMENDED FEE SCHEDULE
The Consultant will provide these services in accordance with our Continuing Consulting
Engineering Services Agreement for Professional Services dated May 18, 2021, by and
between INDIAN RIVER COUNTY, a political subdivision of the State of Florida
("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant").
Kimley-Horn will perform Tasks 1 through 4 for the amended total lump sum fee below.
Individual task amounts are informational purposes only. All permitting, application, and
similar project fees will be paid directly by the County. Task 5 will be completed on a labor
fee plus expense basis with the maximum amended labor fee shown below.
Task
No.
Task
Original
Task Fee
Amendment
Fee
Revised
Total Fee
Task 1
Mixing Evaluation
$
14,522
$ 9,937
$
24,459
Task 2
Tank Modifications
$
7,293
$ 6,019
$
13,312
Task 3
Piping Modifications
$
6,668
$ 12,873
$
19,541
Task 4
Permitting
$
1,491
$ 20,618
$
22,109
Lump Sum Subtotal
$
29,974
$ 49,447
$79,421
Task 5
1 Construction Phase Services
$
20,969
$ 0
$
20,969
Not -to -Exceed Subtotal
$
20,969
$ 0
$
20,969
TOTALFEE1
$
50,943
$ 49,447
$100,390
Lump sum fees will be invoiced monthly based upon the overall percentage of services
performed. Labor fee will be billed monthly on an hourly basis according to our then -
current rates. Payment will be due per the contract terms.
ADDITIONAL SERVICES
The following services are not included in the Scope of Services for this project but may
be required depending on circumstances that may arise during the execution of this project.
Additional services may include, but not be limited to the following:
Preparation of bid documents for competitive bid
Design or execution of structural repairs to the GST
Horizontal directional drill details
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Page 4 of 6
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FXHIRIT C
AMENDED TIME SCHEDULE
Task 1 Deliverables:
No Change
Task 2 Deliverables:
Additional 4 Weeks
Task 3 Deliverables:
Additional 4 Weeks
Task 4 Deliverables:
Dependent on FDEP Review Times
Task 5 Duration:
Additional 6 Weeks
335
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