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HomeMy WebLinkAbout05/10/2022 (3)vER E3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MAY 10, 2022 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.iregov.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.B. INVOCATION Reverend Timothy Womack, First Presbyterian Church 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating the Month of May, 2022, as Foster Care Awareness Month Attachments: Proclamation 5.13. Presentation of Proclamation in Honor of the 100th Anniversary of The Indian River County Chamber of Commerce Attachments: Proclamation IRC Chamber of Commerce 5.C. Presentation of Proclamation - Designating May 21 - May 27, 2022 as National Safe Boating Week Attachments: Proclamation - National Safe Boating Week May 10, 2022 Page 1 of 5 6. APPROVAL OF MINUTES 6.A. Regular Meeting of March 08, 2022 6.B. Regular Meeting of March 15, 2022 6.C. Regular Meeting of April 5, 2022 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 8. CONSENT AGENDA 8.A. Award of Grant Consultant RFP (2022034) Attachments: Staff Report Sample Agreement 8.11. Sole Source Designation Requests Attachments: Staff Report 8.C. Modifications to Septic Hauler Agreement for the Residuals Dewatering Facility Attachments: Staff Report Draft of Application and Agreement - June 2022 8.D. GRBK GHO Bent Pine, LLC's Request for Final Plat Approval for Bent Pine Preserve Phase 2 [SD -15-01-01 / 96010108-90187] Attachments: Staff Report Location Map Final Plat Layout 8.E. Work Order No. 49, Kimley-Horn and Associates, Pedestrian/Bicycle Access Project Attachments: Staff Report Kimley-Horn Work Order 49 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1 Children's Services Advisory Committee Ordinance (Legislative) Attachments: Staff Report Draft Ordinance B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS May 10, 2022 Page 2 of 5 11. COUNTY ADMINISTRATOR MATTERS 11.A. Dasie Hope/ West Wabasso Progressive Civic Club Lease Termination and Amendment to the Health Department Agreement Attachments: Staff Report Dasie Hope / FDOH Letter from FDOH & Core Contract Amend 3.10.22 Letter from Dasie Hope Center 3.10.22 Letter from Dylan Reingold 4.1.22 Protest of Lease Agreement 4.29.22 Letter from FDOH 3.7.22 Dasie Hope Lease Sept 2003 Letter from FDOH 5.4.22 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Authorization to proceed with foreclosure on Code enforcement cases: 2015080113 (99th Street) (Almanza, Pablo), 201712011 (Lime Street) (Almanza, Pablo), and 2021060045 (91 st Street) (Gomez, Felipe and Elena) Attachments: Staff Report Order Imposing Fine CEB Order Imposing fine 12-28-2015 CEB Order imposing fine (Lime Street Property) 13.B. Acquisition of Property for future Right -of -Way for Intersection Improvements - Cherry Lane Estates, Inc. of Vero Beach Attachments: Staff Report Exhibit "A" Aerial Photo Exhibit "B" Agreement to Purchase/Sell Real Estate May 10, 2022 Page 3 of 5 13.C. Calcutta Drive Docks Attachments: Staff Report Aerial of Docks License Agreement Sample 13.D. Settlement of Lease Interest for Parcel 127 Tenant Amanda Tongay d/b/a Empire Equine - 7905 66th Avenue Attachments: Staff Report Parcel 127 Sketch and Legal Description 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman B. Commissioner Joseph H. Earman, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.13.1 Approval of the SWDD Meeting Minutes of March 15, 2022 Attachments: 03152022 SWDD Draft 15.13.2 Approval of the SWDD Meeting Minutes of April 5, 2022 Attachments: 04052022 SWDD Draft 15.13.3 Change Order No. 1 to Agreement with Biogas Engineering for a High Pressure Skid System Attachments: Staff Report BGE Change Order No 1 Letter of Support from NED C. Environmental Control Board 16. ADJOURNMENT May 10, 2022 Page 4 of 5 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. May 10, 2022 Page 5 of 5 Proclamation DESIGNATING THE MONTH OF MAY, 2022, AS FOSTER CARE AWARENESS MONTH `Whereas, in 1988, President Reagan issued the first Presidential proclamation that established May as National Foster Care Month; and -Whereas, in 2003, the State of Florida implemented Community -Based Care to save time and financial resources and improve effectiveness in reaching foster care goals and outcomes; and ^Whereas, the family -- serving as the primary source of love, identity, self-esteem, and support -- is the very foundation of our Indian River County community; and -Whereas, in Indian River County there are typically more than 100 children in foster care being provided with a safe, secure, and stable home by a compassionate, nurturing foster family; and `Whereas, foster families in Indian River County have opened their homes and hearts to children of families in crisis, playing a vital role in helping families heal, reconnect, and find permanency; and Whereas, there is an on-going need for more foster homes in Indian River County to help launch children into successful adulthood; and `Whereas, the community should be made aware of the needs of children, as well as the enduring commitment and contribution of foster parents. Now, Therefore, be it Proclaimed dy the Board of County Commissioners of Indian River County, ,Florida, that the month of May, 2022, is "Foster Care Awareness Month," and all citizens are urged to volunteer their time, talent and energy on behalf of foster children, foster parents, and professional staff engaged in this critical endeavor. Adopted this 10th day of May, 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 1 Proclamation IN HONOR OF THE 100TH ANNIVERSARY OF THE INDIAN RIVER COUNTY CHAMBER OF COMMERCE -Whereas, in March of 1922, a group of local leaders met in the Vero Beach City Council chambers to establish the Chamber of Commerce; and -Whereas, from 1922 through 1934, the Chamber supported or took the lead on many projects that still benefit the County today, including the Mosquito Control District, a local chapter of the American Red Cross, the "cross state road" now known as State Road 60, the Silvertown airport that became Vero Beach Regional Airport, and the first hospital in Indian River County; and -Whereas, in 1926, the Chamber began promoting tourism by placing advertisements in Miami and Jacksonville newspapers and attending tourism trade shows in Canada; and -Whereas, in more recent years, the Chamber led the efforts to retain Piper Aircraft in Vero Beach; recruit the CVS distribution center and its 360 employees; develop a resource guide to assist dislocated agricultural workers transitioning to alternative career choices; establish the Vero Beach/Indian River County Enterprise Zone; and many other critical employment initiatives; and -Whereas, in 2008, the Chamber earned the prestigious 4 -Star Accreditation from the United States Chamber of Commerce, placing it in the top 4% of all US chambers; and -Whereas, the Chamber continues to serve the entire community through its many programs, causes, committees, and volunteers, in addition to its tourism and economic development activities. Now, 1r erefore, be it Proclaimed by the Board of County Commissioners of Indian PUver County, Florida, that the Board recognizes May 13, 2022, as Indian River County Chamber of Commerce Day, and congratulates the Chamber on its 100th Anniversary and the beginning of a second century of impactful work in our county. Adopted this 10th day of May, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 2 Proclamation Designating May 21St through May 27th, 2022 as National Safe Boating Week in Indian River County -Whereas, for millions of Americans, including those in Indian River County, boating continues to be a popular recreational activity; and -Whereas, during National Safe Boating Week, the U.S. Coast Guard and its federal, state, and local safe boating partners encourage all boaters to explore and enjoy America's beautiful waters safely and responsibly; and -Whereas, safe boating begins with preparation through basic Boating Safety Training, on procedures, equipment, as well as outing planning and preparation; and -Whereas, hundreds of people lose their life each year in boating related accidents in the United States and it is estimated that the vast majority of all boating related accidents are caused solely by human error or poor judgement and not by the boat, equipment, or environmental factors; and -Whereas, a significant number of boaters whose lives were lost by drowning would still be alive today if they had worn their life jackets. Naw, Therefore, the Board of County Commissioners of Indian River County, Florida, does hereby proclaim the week of May 21St through May 27th, 2022 as "NATIONAL SAFE BOATING WEEK" with the renewal of a year-round effort to promote safe boating. We urge all those who are on the water to attend a Safe Boating Class, practice safe boating habits, and to wear a life jacket at all times while boating. Adopted this 10th day of May, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 3 E INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 2, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Grant Consultant RFP (2022034) BACKGROUND: The current agreement with Witt O'Brien's LLC for Federal Emergency Management Agency (FEMA) Public Assistance Grant support is set to expire on August 28, 2022, with no additional renewals available. A Request for Proposals (RFP) was issued for Grant Consultant Services, intended to facilitate assistance with a broader range of grant sources beyond FEMA, to be effective at the conclusion of the existing agreement. RFP RESULTS: Advertising Date: February 25, 2022 RFP Opening Date: March 25, 2022 Solicitation Broadcast to: 556 Subscribers RFP Documents Requested by: 27 Firms Replies: 9 Firms ANALYSIS: A selection committee comprised of Kristin Daniels, CGFO, Director, Office of Management and Budget, Elise Kriss, Senior Budget Analyst, and Raeanne Cone, CGFO, Deputy Finance Director independently reviewed and scored the proposals in accordance with the RFP document and Purchasing Manual. Evaluation Criteria included qualifications of the firm, staff and availability, project approach and understanding, and cost proposal. These scores were compiled during the committee meeting and an initial ranking of firms was developed. After discussions, the committee determined presentations were not necessary and declared the ranking of firms final. 11 Proposing Firm Location 1. Witt O'Brien's, LLC Fort Lauderdale 2. Tetra Tech, Inc. Maitland 3. Aptim Environmental & Infrastructure, LLC Boca Raton 4. Carlisle Thompson, LLC Georgetown, TX 5. 1 Synergy Disaster Recovery, LLC Lafayette, CO 11 Proposing Firm Location 6. iParametrics, LLC Jacksonville 7. Elite Disaster Consulting Mint Hill, NC 8. Pegasus Engineering, LLC Winter Springs 9. Goodwyn Mills Cawood (not considered — disclosure not notarized) Montgomery, AL FUNDING: Expenses incurred for this work are anticipated to be primarily funded through reimbursement of direct administrative cost by the grant agencies. Pricing by anticipated staff position, as defined by each consultant, was proposed and scored at a value of 25 points out of 100. Examples of positions and their hourly pricing are illustrated in the table below. Categories listed with "NP" represent those positions or equivalent were not proposed. The bulk of the support provided by Witt O'Brien's under the current contract was billed at the subject matter expert rate, which will not increase with the new agreement. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms, award the project to he Chairman to execute the 2gal sufficiency. E Vf ++ C �= 4J t OJ H E C Ln H Q d�A N U �+ N Position or Equivalent L- L ca ++ a •L E 4J = E +' CJ41 v <O U d Project Manager $168 $220 $145 $200 $170 $165 $168 $155 $195 PA/Technical Specialist $155 $105 $100 $90 $145 $125 $130 $150 $185 Subject Matter Expert $155 $155 $295 NP NP $225 $185 $165 NP The bulk of the support provided by Witt O'Brien's under the current contract was billed at the subject matter expert rate, which will not increase with the new agreement. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms, award the project to he Chairman to execute the 2gal sufficiency. E Continuing Contract Agreement for Consulting Services THIS CONTINUING CONTRACT AGREEMENT for Consulting Services ("Agreement"), entered into as of this 101h day of May, 2022, by and between INDIAN RIVER COUNTY, a political Subdivision of the State of Florida, ("COUNTY"), and Witt O'Brien's, LLC ("CONSULTANT"). BACKGROUND RECITALS: In compliance with state and local laws and requirements, through RFP 2022034, the COUNTY has selected the CONSULTANT to provide certain professional services in the discipline of Grant Consultant Services. A. The CONSULTANT is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and B. The COUNTY and the CONSULTANT wish to enter into this Agreement for the CONSULTANT's Services. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: GENERAL 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Task Orders prepared by the COUNTY, in the form substantially similar to the template attached hereto as Exhibit 2. All Task Orders are incorporated herein by reference. 1.2 Services related to any individual Task Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Task Order shall be Services for which the CONSULTANT must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Task Order; and when properly authorized and executed by both the CONSULTANT and the COUNTY, shall become an amendment to the Task Order or a new Task Order, at the sole option of the COUNTY. A separate Notice -to -Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Task Order hereunder. 1.3 A schedule of current hourly billing rates is set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the initial five-year term of this Agreement. 1.4 No representation or guarantee is made by COUNTY as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONSULTANT will receive during the term of this Agreement. 1.5 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS 2.1 The COUNTY shall provide all requested information requested by CONSULTANT in a reasonable amount of time. 6 2.2 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT 3.1 The CONSULTANT agrees to perform all necessary Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The CONSULTANT agrees to complete the Project within the time frame specified in the Work Order. 3.4 The CONSULTANT will maintain an adequate staff of qualified personnel. 3.5 The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONSULTANT under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age, or sex; and (2) the CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from time to time amended. 3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.9 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. 3.10 The CONSULTANT shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.11 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and 7 provided in the formats pecified by the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.12 The CONSULTANT agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.14 The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. 3.15 Consultant is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Consultant is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants. 4. TERM; DURATION OF AGREEMENT 4.1 This Agreement shall commence on August 29, 2022, and remain in full force and effect for an initial term of five years, with two additional two-year renewals available, subject to mutual agreement, unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 "Termination". COMPENSATION 5.1 The COUNTY shall pay to the CONSULTANT based on actual hours worked at the rates provided in Exhibit 1 and submitted by monthly invoice. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). Payment for Purchase Orders will be included in the proposal for Purchase Order. 5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel subject to the limitations of F. S. section 112.061, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the CONSULTANT acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a CONSULTANT arrives from outside of Indian River County, and where a CONSULTANT maintains an office in Indian River County. 5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION 7.1 The CONSULTANT shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 CONSULTANT shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONSULTANT's fee: 7.2.1 Workers' Compensation: Workers' Compensation as required by the State of Florida Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 7.2.2 General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence. 7.2.3 Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $300,000 per occurrence. 7.2.4 Professional Liability Insurance: providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a limit of $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use, and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 7.3 CONSULTANT's insurance coverage shall be primary. 7.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A -VII or better. 7.5 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 9 7.6 A certificate of insurance shall be provided tot he County's Risk Manager for review and approval prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except business automobile liability, workers' compensation and professional liability. 7.7 The insurance companies selected shall send written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.8 CONSULTANT shall include all subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall also be subject to all of the requirements stated herein. 7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONSULTANT with separate written notice of such adjusted limits and CONSULTANT shall comply within thirty (30) days of receipt thereof. The failure by CONSULTANT to provide such additional coverage shall constitute a default by CONSULTANT and shall be grounds for termination of this Agreement by the COUNTY. 7.10 To the extent permitted by law, CONSULTANT will release, indemnify, defend and hold harmless COUNTY from and against all claims, losses, damages, costs (including legal fees), expenses and liabilities in respect of: (A) Loss of or damage to the property of CONSULTANT whether owned or leased by CONSULTANT; and (B) Personal injury, including death or disease, to any person employed by CONSULTANT; arising from or relating to CONSULTANT's performance of the agreement. 7.11 To the extent permitted by law, and to the limits set forth in section 768.28, Florida Statutes, OWNER will release, indemnify, defend and hold harmless CONSULTANT from and against any claims, losses, damages, costs (including legal fees), expenses and liabilities in respect of: (A) Loss of or damage to the property of COUNTY, whether owned or leased by COUNTY; and (B) Personal injury, including death or disease, to any person employed by COUNTY; Arising from or relating to the COUNTY's actions in connection with the agreement. Notwithstanding anything herein to the contrary, neither party excludes or limits its liability for fraud. 7.12 In no event shall either party be liable for any exemplary, punitive, incidental, special, or consequential damages of any kind. Except for indemnity obligations and claims arising from breach of confidentiality, each party's liability for any and all claims arising out of or in connection with the agreement shall not exceed, in the aggregate, the fees actually paid by COUNTY to CONSULTANT under this agreement. 7.13 All indemnities and limitations of liability under this agreement shall apply irrespective of cause and notwithstanding any negligence (whether sole, joint, concurrent, active, passive or gross), breach of duty (whether statutory, contractual or otherwise) or other fault or strict liability of any party (including any indemnified party), and shall apply irrespective of any claim in tort, under contract or otherwise at law. TERMINATION 8.1 The occurrence of any of the following shall constitute a default by CONSULTANT and shall provide the COUNTY with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the COUNTY may have under this Contract or under law: 10 (A) if in the COUNTY's opinion CONSULTANT is improperly performing work or violating any provision(s) of the Contract Documents; (B) if CONSULTANT neglects or refuses to correct defective work; (C) if in the COUNTY's opinion CONSULTANT's work is being unnecessarily delayed and will not be finished within the prescribed time; (D) if CONSULTANT assigns this Contract or any money accruing thereon or approved thereon; or (E) if CONSULTANT abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONSULTANT or for any of his property. 8.2. COUNTY shall, before terminating the Contract for any of the foregoing reasons, notify CONSULTANT in writing of the grounds for termination and provide CONSULTANT with ten (10) calendar days to cure the default to the reasonable satisfaction of the COUNTY. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 This Agreement may be terminated for convenience at any time by either Party provided the requesting Party provides the other with 30 days written notice. If either Party fails to perform any of its duties or obligation or shall violate any of the prohibitions imposed upon it under this Agreement, or shall be dissolved or be adjudged bankrupt or shall have a petition in bankruptcy filed against it, or shall make a general assignment for the benefit of creditors, or if a receiver shall be appointed for a Party, the other Party may terminate this Agreement, without prejudice to any other rights or claims which it may have under this Agreement, on written notice to the other Party and fifteen (15) business days opportunity to cure such breach. In any event, COUNTY shall pay all fees due and expenses incurred for Services rendered through the date of termination. 8.5 In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.6 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents prepared by the CONSULTANT for the COUNTY in connection with this Agreement. 8.7 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. 8.8 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. 8.9 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and those related entities of consultant as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 11 8.10 COUNTY may terminate this Contract if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 8.11 COUNTY may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES 9.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit CONSULTANT's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 10. MISCELLANEOUS PROVISIONS 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to 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 Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not 12 constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term 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 this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 10.8 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. 10.9 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 10.10 Counterparts. This Agreement maybe executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10.11 Public Records Compliance Indian River County is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT 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 CONSULTANT 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 CONSULTANT or keep and maintain public records required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored 13 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the CONSULTANTto comply with these requirements shall be a material breach of this Agreement. 11. FEDERAL CLAUSES 11.1 During the performance of this contract, the CONSULTANT agrees to ensure equal employment opportunity as follows: (A) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (B) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (C) The CONSULTANTwill send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONSULTANT's commitments underthis section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (D) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (E) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (F) In the event of the CONSULTANT's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONSULTANT may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 14 (G) The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 11.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). (A) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (B) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (A) of this section the CONSULTANT and any subcontractor or vendor responsible therefor shall be liable for the unpaid wages. In addition, such CONSULTANT and subcontractor or vendor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section. (C) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONSULTANT or subconsultant or vendor under any such contract or any other Federal contract with the same prime CONSULTANT, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONSULTANT, such sums as may be determined to be necessary to satisfy any liabilities of such CONSULTANT or subconsultant or vendor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (B) of this section. (D) Subcontracts. The CONSULTANT or subconsultant or vendor shall insert in any subcontracts the clauses set forth in paragraph (A) through (D) of this section and also a clause requiring the subconsultants to include these clauses in any lower tier subcontracts. The prime CONSULTANT shall be responsible for compliance by any subconsultant or lower tier subconsultant with the clauses set forth in paragraphs (A) through (D) of this section. 11.3 The CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The CONSULTANT agrees to report each violation to COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The CONSULTANT agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. 11.4 The CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The CONSULTANT agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and 15 the appropriate Environmental Protection Agency Regional Office. The CONSULTANT agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. 11.5 The CONSULTANT agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act, where applicable. 11.6. A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the CONSULTANT is required to verify that none of the CONSULTANT, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The CONSULTANT must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied 'and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida and COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 11.7 CONSULTANTS who apply or bid for an award of $100,000 or more shall file the required certification under the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended). Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 11.8 In the performance of this contract, the CONSULTANT shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (A) Competitively within a timeframe providing for compliance with the contract performance schedule; (B) Meeting contract performance requirements; or (C) At a reasonable price. (D) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 11.10 The following access to records requirements apply to this contract: (A) The CONSULTANT agrees to provide State of Florida, Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (B) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 16 (C) The CONSULTANT agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 11.11 The CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. 11.12. This is an acknowledgement that FEMA financial assistance maybe used to fund the contract. The CONSULTANT will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 11.13 The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, CONSULTANT, or any other party pertaining to any matter resulting from the contract. 11.14 The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONSULTANT's actions pertaining to this contract. 11.15 CONSULTANT shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (A) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (B) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (C) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (D) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (E) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 11.16 Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on 'Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the consultant and its subconsultants may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 17 (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit consultants from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: L Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the consultant identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the consultant is notified of such by a subconsultant at any tier or by any other source, the consultant shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Consultant shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the consultant shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Consultant shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. 11.17 Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the consultant should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 18 IN WITNESS WHEREOF, OWNER and CONSULTANT have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONSULTANT. All portions of the Contract Documents have been signed or identified by OWNER and CONSULTANT or on their behalf. This Agreement will be effective on August 29, 2022. OWNER: INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Kristin Daniels, CGFO Title: Director, Office of Management and Budget Address: 180127th Street, Vero Beach, FL 32960 Phone: 772.226.1257 Email: kdaniels@iresov.com Witt O'Brien's, LLC By: (Consultant) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONSULTANT is a corporation or a partnership, attach evidence of authority to sign.) 19 Exhibit 1 to the Agreement — Pricing 20 DocuSign Envelope ID: E686565A-BA86-438F-B4DE-186AC16036AF 2022034 RFP for Grant Consultant Services PROPOSAL PRICING — RFP #2022034 Grant Consultant Services Proposer submits the following prices for the work described in this solicitation: Rates provided include all costs associated with the performance of the work, such as overhead and profits. Reimbursement for travel expenses will be made at actual cost and without markup. I Position or Equivalent Hourly Rate 1. Project Manager $ 220.00 2. PA Specialist - Disaster Recovery Specialist 1 $105.00 3. Disaster Recovery Specialist 11 $115.00 4. Disaster Recovery Specialist III $133.00 5. Subject Matter Expert $155.00 6. Administrative Support 1 $ 60.00 7. $ 8. $ 9. $ 10. $ Describe processes in place or methods used to ensure hours worked are reasonable and not inflated (attach additional pages, If necessary): Please see our response in'Section G.1 Hours Tracking and Cost Reasonableness' of The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown above all of the services specified in the RFP document, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Witt O'Brien's, LLC Name of Firm Authorized Signature Senior Managing Director, Government Solutions Title 3/22/2022 Date Signed 2200 Eller Drive, P.O. Box 13038 Address Fort Lauderdale, Florida 33316 City, State, Zip Code ( 202 ) 817-5802 Phone Jhoyes@wittobriens.com; cc - contractrequests@wittobriens.com E-mail Page 16 of 37 21 G.1 HOURS TRACKING AND COST REASONABLENESS Witt O'Brien's utilizes a combination of active project management, as detailed in previous sections of this response, and a robust time -keeping entry and approval process through our Workday application. The Project Manager and senior staff allocated to the County will be present and up to speed with the tasks assigned to our staff to support grant application submittal and follow-through at all times. We are also keenly aware of the management costs allocations that can be obtained for supporting various grants to fund our services and what is required to document and support costs for our assistance. Our time -keeping system allows entry down to the 15 -minute increment; the person entering time is required to select their activities from a two-level FEMA eligible list of direct and indirect tasks, and the additional comment box must be populated with the work being conducted for a specific project or group of projects. In the time approval process, we ensure all of the appropriate data is populated for each stage of the grant support and that the deliverables match that work effort accordingly. The steps and processes detailed here will help to ensure hours worked are reasonable and not inflated, and that the County is getting the best value for the support it is funding. 22 Exhibit 2 - Task Order Template This Task Order No. _, Statement of Work for ("Task Order") effective as of _ Indian River County ("County") and Witt O'Brien's, LLC ("Consultant") for the between WHEREAS, this Task Order is in support of the ("Agreement"), dated , and attached herein as an exhibit; WHEREAS, the County selected the Consultant to provide Services, as defined in the proposal ("Proposal") dated , and attached herein as an exhibit; NOW, THEREFORE, in consideration of the terms and conditions contained in the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, County and Consultant hereby agree as follows: 1. Parties mutually agree to add the following terms (if applicable): 2. Parties mutually agree to add the following specific scope: 3. Parties mutually agree to add the following performance period: 4. Parties mutually agree to add the following not to exceed amount: 5. Other Terms and Conditions: All other terms and conditions of the basic Agreement remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto, by their duly authorized representatives, execute this Task Order to be effective as of the date set forth above. Indian River County, FL Witt O'Brien's, LLC Name: Title: Date: Name: Title: Date: 23 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 3, 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 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. ►.1Ir.11WMkc Utilities staff have identified additional sole source items to be added. Backup memos from each manufacturer describing their sole source for our purposes are on file in the Purchasing Division. 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 vendors. The full list of Board - designated and requested sole source vendors will be presented to the Board no later than July 12, 2022, as many of the designations expire on July 18, 2022. This list will be presented under departmental matters, and will include the spend per sole source item. SOURCE OF FUNDS: Funds for these purchases and repairs will vary depending on the department, item use and location. RECOMMENDATION: Staff recommends the Board of County Commissioners declare the items listed on the following table 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. 24 -Q IAM * +�+ x Y pt3j ++ v Oa %` W `k O O O O O V). O O O O Ln 4.1).tM/� O O O O O O O O 4j)- O O O OLr) � 00 O O O Ln L O m@ 'C .0 � L u ++ L � N v oC � U +• iQ > Q C_ •� Q yN L m `L N C i+ N 2L N Ln d3: N J Ln v L IaQ N O cu L Q O C > to L N C E V (O (0 L^ p OC W) N CSS I Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: April 13, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Subject: Modifications to Septic Hauler Agreement for the Residuals Dewatering Facility Background: On May 23, 2017, the Indian River County (IRC) Board of County Commissioners (BCC) approved the Indian River County Department of Utility Services (IRCDUS) request to implement the Application and Agreement for Disposal of Septage, Food Establishment Sludge, and Portable Restroom Wastewater (Agreement) with IRC septage and food residual haulers that use the IRC Residuals Dewatering Facility (RDF). Analysis: Per BCC direction in the May 2, 2017, meeting, the RDF immediately ceased accepting out -of -county waste from non -IRC haulers and no longer accepted any out -of -county waste from Indian River county haulers as of June 1, 2017. Since out -of -county wastes stopped being received and processed at the RDF, the downstream West Regional Wastewater Treatment Facility (WRWWTF) has remained compliant with its permit conditions. The characteristics of the influent to the WRWWTF now fall within facility design parameters making compliance possible. Annual review of the Agreement prior to hauler permit renewals afforded IRCDUS staff an opportunity to review opportunities for improvement in the Agreement. Minor changes to the language in the Agreement will more clearly define what types of waste are allowed to be disposed at the septic disposal site. Furthermore, the changes will provide septic haulers a chance to request removal of violations following a year of remaining in compliance. Finally, it will provide opportunity for haulers to argue their route lists should be considered confidential business information. The suggested changes are detailed below. Proposed Modifications to the Agreement Requirements of Acceptance Section: Addition to #5 of the Agreement — Waste material hauled from car wash systems, packing houses or any other non-domestic source is a violation of the IRCDUS Septic Hauler Agreement. This type of material is not considered septage, food establishment sludge, or portable restroom wastewater, and will be considered a violation of the IRCDUS Septic Hauler Agreement. Page 1 of 3 F:\Uti1it1es\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\051022 BCC Agenda Items\Agenda Septic Hauler Agreement L (003).docx 26 Consent Item Addition to #6 — of the Agreement First Violation 1. The first violation of the Agreement can be dismissed after one (1) year from the date of the initial violation provided no additional violations have been issued. The Hauler must submit a request for dismissal in writing to IRCDUS for approval. Second Violation 2. a) The second violation of the Agreement can be dismissed after one (1) year from the date of issuance of the second violation provided no additional violations have been issued. The Hauler must submit a request for dismissal in writing to IRCDUS for approval. b) Provided the second violation is dismissed by IRDUS, from the date that the second violation is dismissed he initial violation. can be dismissed following another full year of no additional violations. The Hauler must submit a request for dismissal of the initial violation in writing to IRCDUS for approval Third Violation 1. One (1) year (365 day) suspension from the date of the final determination notice. 2. Privileges can be reinstated after serving a one (1) year suspension upon written request by the Hauler and approval by IRCDUS. 3. Any further violations following reinstatement will be followed by a life -time ban of privileges to use the Facility Examples of the violation forgiveness schedule Date of Date of Occurrence removal Violation #1 8/1/2022 if no other 8/1/2023 1 year violations Violation #2 9/1/2022 if no other 9/1/2023 1 year violations Removal of initial Violation #1 after a removal of a Violation #2 Violation #1 if no other 9/1/2024 1 year violations Violation #3 10/1/2022 1 year 10/1/2023 suspension any further violations will be followed by a life -time ban Addition of a new section #14 • The IRCDUS Septic Hauler Agreement is transferable only upon IRCUDS approval. The hauler shall Page 2 of 3 F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\051022 BCC Agenda Items\Agenda Septic Hauler Agreement (003).docx 27 Consent Item be liable for any noncompliance of the Agreement until the transfer is approved by IRCDUS. Change of ownership or business name does not dissolve past violations of the Hauling Agreement unless just cause is provided in writing and the request approved by IRCDUS. Violations of the Agreement do not sunset at the end of the Agreement and are cumulative. Addition of a new section #15 — 1. All Indian River County Department of Utility Services septage & grease logs and manifest sheets including porta potty route sheets are considered public records. In the event a public records request is made by another party, IRCDUS will provide Applicant/Hauler with notice in order to allow Applicant/Hauler to seek a protective order to preserve the confidentiality of the records. Disposal Procedures Section: Removal of language contained in #8 — • (REMOVE) Violations of the Agreement do not sunset at the end of the Agreement and are cumulative. Funding: Fees received under this Agreement will go into the Utilities operating fund revenue account, Utilities/Service Charges/Sludge/Septage/Sludge Disposal, number 471034-343470. Revenues for the remainder of Fiscal Year 2021/2022 are estimated to be $200,000. ACCOUNT NAME I ACCOUNT NUMBER AMOUNT Utilities/Service Charges/Sludge/Septage/Sludge Disposal 1 471034-343470 $200,000 Recommendation: Staff recommends that the Indian River County Board of County Commissioners approve the requested changes to the Application and Agreement for Disposal of Septage, Food Establishment Sludge, and Portable Restroom Wastewater. Staff requests that the implementation of the changes take effect June 1, 2022. Attachments: 1. Draft of Application and Agreement —June 2022 Page 3 of 3 F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\051022 BCC Agenda Items\Agenda Septic Hauler Agreement (003).docx 28 VEjr INDIAN RIVER COUNTY APPLICATION AND AGREEMENT FOR DISPOSAL OF SEPTAGE, FOOD ESTABLISHMENT SLUDGE AND PORTABLE RESTROOM WASTEWATER JUNE 2022 Date: Applicant: Contact Name: Street Address: City, State, Zip: Business Phone: After Hours Phone: E-mail: Website: Number of trucks: Total estimated monthly disposal volume or tonnage: Under this Application and Agreement for Disposal of Septage, Food Establishment Sludge and Portable Restroom Wastewater (Agreement), Indian River County will accept, for treatment and disposal process, wastewater from septage, food establishment sludge and portable restroom wastewater. The applicant desires to dispose of process wastewater in accordance with current regulations. REQUIREMENTS OF ACCEPTANCE 1. All vehicles used must meet state and federal regulations governing transport of waste liquid on public roadways. 2. Applicants must provide a copy of their Indian River County Occupational License and their Florida Department of Health operating permit. Applicant is responsible for any damages to Indian River County property or injuries to Indian River County personnel arising from the Applicant's disposal activities. Applicant shall defend, hold harmless and indemnify Indian River County with respect to any and all actions, causes of action, liabilities, losses, damages or expenses (including reasonable attorneys' fees) arising out of or relating to any negligence, intentional misconduct, breach of the requirements set forth herein, or breach of applicable law by Applicant in conjunction with any of the activities described herein. 29 gl� E/r INDIAN RIVER COUNTY APPLICATION AND AGREEMENT FOR DISPOSAL OF SEPTAGE, FOOD ESTABLISHMENT SLUDGE AND PORTABLE RESTROOM WASTEWATER JUNE 2022 4. Applicant must have approval from the Indian River County Department of Utility Services (IRCDUS) prior to delivery at the Residual Dewatering Facility located at 1325 74th Ave SW, Vero Beach, FL 32968, or at the Central Wastewater Treatment Facility located at 3550 49th Street, Vero Beach, FL 32967. The only accepted wastes under this Agreement shall be septage, food establishment sludge and portable restroom wastewater. All other waste shall be prohibited under this Agreement. The wastes can only include septage, food establishment sludge and portable restroom wastewater generated within Indian River County. Waste material hauled from car wash systems, packing houses or any other non-domestic source is a violation of the IRCDUS Septic Hauler Agreement. This type of material is not considered septage, food establishment sludge, or portable restroom wastewater, and will be considered a violation of the IRCDUS Septic Hauler Agreement. 6. Violation of Item 5 shall be subject to the following penalties: The first violation is subject to a fine of $500. The second violation is subject to a fine of $1,500. A third violation shall find this Agreement null and void with privileges to use the facility revoked. First Violation The first violation of the Agreement can be dismissed after one (1) year from the date of the initial violation provided no additional violations have been issued. The applicant must submit a request for dismissal in writing to IRCDUS for approval. 2. Second Violation 1) a) The second violation of the Agreement can be dismissed after one (1) year from the date of issuance of the second violation provided no additional violations have been issued. The applicant must submit a request for dismissal in writing to IRCDUS for approval. b) Provided the second violation is dismissed by IRCDUS, from the date that the second violation is dismissed the initial violation can be dismissed following another full year of no additional violations. The applicant must submit a request for dismissal of the initial violation in writing to IRCDUS for approval Third Violation 1. One (1) year suspension from the date of the final determination notice. Privileges can be reinstated after serving a one (1) year suspension upon written request by the Hauler and approval by IRCDUS. 3. Any further violations following reinstatement will be followed by a life -time ban of privileges to use the Facility 30 VEk INDIAN RIVER COUNTY APPLICATION AND AGREEMENT FOR DISPOSAL OF SEPTAGE, FOOD ESTABLISHMENT • ZO 'O�• SLUDGE AND PORTABLE RESTROOM WASTEWATER JUNE 2022 Examples of the violation forgiveness schedule Date of Date of Occurrence removal Violation #1 8/1/2022 if no other 8/1/2023 1 year violations Violation #2 9/1/2022 if no otherviolations 9/1/2023 1 year Removal of initial Violation #1 after a removal of a Violation #2 Violation #1 if no otherviolations 9/1/2024 1 year Violation #3 10/1/2022 1 year 10/1/2023 suspension any further violations will be followed by a life -time ban 7. This Agreement shall be renewed on an annual basis, with the hauler applying 30 days prior to the end of the term year. A standard term year is from June 1" to May 31St 8. PAYMENTS, CHARGE ACCOUNT & BILLING. a. The Indian River County landfill accepts cash, checks and credit cards for payments; alternatively, a charge account is available. b. A $500 cash or surety bond is required to use checks. c. A minimum of $2,000 cash or surety bond is required to setup a charge account. This establishes a credit limit, If at any time the account balance exceeds the credit limit, the account will go on hold. To avoid disruption, it is recommended that the bond reflect two months of activity. d. Bills for monthly charges and fees are due on the 201h day from the date of the invoice. If any monthly bill remains unpaid on the 2111 day of the month for such service, a penalty shall be imposed and added to the invoice in the amount of two dollars ($2.00) plus one and one-half percent (1%%) interest monthly. e. Non-payment within thirty (30) days, credit is stopped (placed on hold). f. Non-payment within forty-five (45) days shall be grounds to terminate the acceptance of wastewater for treatment. g. Non-payment within sixty (60) days, the Cash or Surety Bond shall be utilized to satisfy the payment of the amount due including interest or any cost associated with collection. Collection of any remaining monies due shall be pursued as provided by law and may be grounds for legal action. 3 31 V k INDIAN RIVER COUNTY APPLICATION AND AGREEMENT FOR DISPOSAL OF SEPTAGE, FOOD ESTABLISHMENT i �O `Or• SLUDGE AND PORTABLE RESTROOM WASTEWATER JUNE 2022 9. Prior to any disposal activity, the Applicant will provide to Indian River County at the time of application a certificate(s) of insurance verifying auto liability insurance with combined limits for bodily injury and property insurance in an amount no less than $300,000 per occurrence. Indian River County shall be named as additional insured. Insurance must remain in effect and a current certificate be kept on file with Indian River County. 10. The Applicant shall not assign any interest in this application and Agreement and shall not transfer any interest without the prior written consent of the County. 11. The current disposal fees are $15.23 per wet ton of wastewater, which rate is subject to change per approval by the Board of County Commissioners. 12. Indian River County reserves the right to cancel and terminate this Agreement and the right of Applicant to dispose of process wastewater at the Residuals Dewatering Facility in the event of a violation of the terms of this Agreement or a bypass or upset event. Indian River County also reserves the right to seek any other remedy at law or in equity in the event of a violation of the terms of this Agreement or a bypass or upset event. 13. Haulers must abide with all requirements by IRCDUS, as well as remain compliant with applicable sections of Florida Administrative Code 64 E-6 (Standards for Onsite Sewage Treatment and Disposal), in addition to any state or local regulatory requirements. 14. The IRCDUS Septic Hauler Agreement is transferable only upon IRCUDS approval. The hauler shall be liable for any noncompliance of the Agreement until the transfer is approved by IRCDUS. Change of ownership or business name does not dissolve past violations of the Hauling Agreement unless just cause is provided in writing and the request approved by IRCDUS. Violations of the Agreement do not sunset at the end of the Agreement and are cumulative. 15. All Indian River County Department of Utility Services septage & grease logs and manifest sheets including porta potty route sheets are considered public records. In the event a public records request is made by another party, IRCDUS will provide Applicant/Hauler with notice in order to allow Applicant/Hauler to seek a protective order to preserve the confidentiality of the records. DISPOSAL PROCEDURES Septage and food establishment waste is received at the Residual Dewatering Facility to customers with active accounts between 7 am and 5 pm, 7 days per week. It is located at 1325 74th Avenue SW, Vero Beach. The Residual Dewatering Facility is closed on New Year's Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day. 2. Portable restroom wastewater is received at the Central Wastewater Treatment Facility, located at 3550 491h Street, Vero Beach. The hours are Monday through Friday, 7:00 am to 3:30 pm, and is closed on the weekend. The Central Wastewater Treatment Facility is also closed on New Year's Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day. 4 32 INDIAN RIVER COUNTY APPLICATION AND AGREEMENT FOR DISPOSAL OF SEPTAGE, FOOD ESTABLISHMENT SLUDGE AND PORTABLE RESTROOM WASTEWATER JUNE 2022 3. Each vehicle must weigh-in and weigh -out at the scalehouse, and each load of wastewater must be accompanied by an accurate and complete Septage Manifest Log Sheet attached hereto as Exhibit "A". Portable Restroom and Portable or Stationary Holding tank waste deliveries must be accompanied with a route sheet that details the location address that the product was collected. The route sheet must be included with the manifest sheet at the time of delivery. 4. Applicant shall submit a Safety Data Sheet (SDS) prior to the delivery of the first load of any chemicals used in portable restroom wastewater treatment or changes in chemicals or products used. 5. Offloading of hauled wastes is to be done at a rate no higher than what IRCDUS has set the equipment for. Any tampering with receiving equipment constitutes a violation of the terms of the contract and will be subject to termination of dumping privileges and reimbursement of any costs associated with the repair and/or replacement of receiving equipment. 6. Discharge may be sampled by Indian River County at any time to test the characteristics of the discharge. a. pH must be between 5.5 to 9.5 s.u. to be accepted. 7. All drivers shall enter waste discharge bays in a manner that accommodates other trucks waiting to dispose of wastewater. 8- All spilled waste in paved discharge areas must be hosed down after every disposal of wastewater. If the areas are not hosed down and the site is left a mess, the following penalties shall apply: the first violation is subject to a clean-up fee of $250. The second violation is subject to a clean-up fee of $750. These fees will be added to your account. A third violation shall find this Agreement null and void with privileges revoked. Vielatiens- of the ir oFeement de not sunset at the erd Af fl;P 9. Wash hoses must be coiled and hung back on hose rack after each use. 10. Vehicle vacuum pump oil blow -down discharge is strictly prohibited. 11. In the event of malfunction that may prohibit off-loading, you will be notified and assisted in finding an alternate method or location for dumping if this occurs. County Contact Richard Meckes Wastewater Superintendent Indian River County Department of Utility Services 4350 41" Street Vero Beach, FL 32967 (772) 226-3423 rmeckes@ircgov.com 5 33 INDIAN RIVER COUNTY APPLICATION AND AGREEMENT FOR DISPOSAL OF SEPTAGE, FOOD ESTABLISHMENT SLUDGE AND PORTABLE RESTROOM WASTEWATER JUNE 2022 I have read and understand the requirements set forth in this application and Agreement. Print Name Signature Title Date APPROVED Print Name Signature, Director, Indian River County Department of Utility Services Per Resolution 2017-052 Date 34 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Patrick J. Murphy, Senior Planner, Current Development DATE: April 29, 2022 SUBJECT: GRBK GHO Bent Pine, LLC's Request for Final Plat Approval for Bent Pine Preserve Phase 2 [SD -15-01-01 / 96010108-90187] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 10, 2022. DESCRIPTION & CONDITIONS: The Bent Pine Preserve Phase 2 final plat represents the second and final phase of the Bent Pine Preserve subdivision. Phase 1 consists of 79 lots on 79.2 acres, resulting in a density of 1 unit/acre, and was approved by the Board of County Commissioners on June 4, 2019. The plat for Phase 1 was subsequently recorded in Plat Book 30, Pages 67-76. Phase 2 consists of 56 lots on 20.06 acres resulting in a density of 2.79 units/acre for Phase 2, and an overall project density of 1.69 units/acre. The site is located on the east side of 58h Avenue, just north of 57th Street/Bent Pine Drive (see attachment 1). The property is zoned RM -4, Residential Multi -Family (up to 4 units/acre), and has an L-2, Low -Density Residential -2 (up to 6 units per acre) future land use designation. On February 26, 2015, the Planning & Zoning Commission granted a phased preliminary plat approval for the Bent Pine Preserve subdivision. Phased approval was given to construct 134 single- family lots along with tracts for recreation, conservation, stormwater, landscape, and buffers, on 79.2 acres. After preliminary plat approval, a previous developer (BP Preserve Partners, LLC) obtained a land development permit (LDP) and commenced construction on Phase 1. On May 24, 2019, Public Works issued a certificate of completion for Phase 1, and the Board of County Commissioners granted final plat approval on June 4, 2019. On February 13, 2020, the Planning & Zoning Commission approved an extension of the Phase 2 preliminary plat and LDP approvals, with conditions, and an expiration of February 26, 2023 for both approvals. Subsequently, construction of the Phase 2 site improvements commenced and has proceeded in accordance with the project's overall phased approval. As of this time, the developer has constructed 76.7% of the required project improvements for Phase 2, and proposes to "bond out" the remaining 23.3% of the required improvements. The applicant has coordinated with staff to provide the following: 1. A final plat in conformance with the approved preliminary PD plan/plat (see attachment 2. An approved Engineer's Certified Cost Estimate for the remaining required improvements for Phase 2; and 3. An executed Contract for Construction of the remaining required improvements for Phase 2, with a cash deposit and escrow agreement for 125% of the cost of construction for the remaining required improvements. The Board of County Commissioners (BCC) is now to consider granting final plat approval for Bent Pine Preserve Phase 2. ANALYSIS: Most, but not all, of the required project improvements have been completed. As provided for under the County Land Development Regulations applicable to this final plat application, the applicant will be "bonding -out" the remaining 23.3% of required project improvements (drainage, landscaping, roadways, utilities). Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining project improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The County Attorney's Office has received a cash deposit and escrow agreement with supporting security in the amount of $330,561.64 to guarantee construction of the remaining required improvements. All improvements within Bent Pine Preserve Phase 2 will be private, with the exception of certain utility facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required through the final plat and certificate of completion process. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Bent Pine Preserve Phase 2. ATTACHMENTS: 1. Location Map 2. 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LI ©0 9 W soul s.sgtnaM N N re P �>®6 W SRWmW t4� t N}Qm�frr o'� I �= • 4Wi L � oaoaro-o '� i a p� 3 � �+ Daae J�"'•° + 'a"`w'° RES'a�N�� �jl� d• ii � / o O O •� I J F Iz I N - i 13- _ 29 1 Nil 00 h b 1 i jY,� g to='� it .w/a.oc f ���€�� 1 �I 3Nv()OS 3NM 1N39 R paces _00 XK��!✓ay/ U 3 ri tl= lj a b O- [B 39ra N✓a - JN- t— - - - - - aouwm3a x -a torac- i i nVa ,ca I 36C -52f-9: Nat10--6 --0 3Nl7 15iN (sco VrOa uVW) (r -os oroa 31ru) A1AIH091 5,9NDI M Y6 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard D. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., Asst. Public Works Director SUBJECT: Work Order No. 49 - Kimley-Horn and Associates, Inc. Indian River Boulevard Pedestrian and Bicycle Access Improvement Project (IRC -1817) DATE: April 22, 2022 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with Kimley-Horn and Associates, Inc. In March of 2019, the Indian River County Public Works Department applied to the Florida Department of Transportation (FDOT) for Small County Outreach Program (SCOP) grant funding to make roadway and pedestrian improvements to the Indian River Boulevard Corridor from the 17th Street Bridge south to US -1. Staff had determined that this section of roadway lacked adequate interconnected pedestrian and bicycle facilities. FDOT approved the addition of the proposed project to the SCOP 5 -year funding plan. The purpose of Work Order No. 49 is to provide geotechnical, sidewalk, drainage and roadway design and permitting services for the proposed roadway & pedestrian improvements to be made to the Indian River Boulevard Corridor from the 17th Street Bridge south to US -1. The improvements include five-foot bike lanes, design and installation of missing sidewalk segments to provide pedestrian continuity, milling and resurfacing of Indian River Boulevard, pedestrian signalization and ADA improvements. These design plans are necessary to meet the project schedule and help ensure that SCOP grant funds are still obtainable to pay for a portion of the construction of this project in FY 2024. Work Order No. 49 is for a total lump sum amount of $268,780. FUNDING Funding in the amount of $268,780 for Work Order No. 49 is available in Account No. 10921441-066510- 21021/Secondary Roads/IR Blvd Ped & Bike Access. Account Name I Account Number Amount Secondary Roads/IR Blvd Ped & Bike Access 1 10921441-066510-21021 $268,780 RECOMMENDATION Staff recommends approval of Work Order No. 49 to Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairm$0 to execute Work Order No. 49 on their behalf for a lump sum amount of $268,780. ATTACHMENTS Kimley-Horn Work Order 49 AGENDA ITEM FOR MAY 10, 2022 41 WORK ORDER NUMBER 49 INDIAN RIVER BOULEVARD PEDESTRIAN & BICYCLE ACCESS IMPROVEMENT PROJECT Project Number: IRC -1817 This Work Order Number 49 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 this 1711 day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT A —SCOPE OF WORK The COUNTY desires to retain Consultant services to develop construction documents and obtain jurisdictional approvals to improve Indian River Boulevard between U.S. Highway 1 to 17th Street to provide dedicated bicycle lanes, pedestrian facilities, and roadway resurfacing for the approximately 1.75 -mile corridor. Pavement rehabilitation will be achieved by using milling and resurfacing of the existing pavement section materials and constructing a surface course consisting of superpave asphaltic concrete. In addition, fiber optic communication infrastructure will be included along the entire corridor improvement. The County agrees to provide the design topographic corridor survey and geotechnical investigation necessary to design the contemplated improvements. A. Roadway Plans: Roadway set of plans shall consist of the following: 1 I Page 42 Work Order No. 49 Indian River Boulevard Pedestrian & Bicycle Access Improvements Project Notes: (P) -Preliminary, (S) -Substantially Complete, (F) -Final The final design plans will be prepared in accordance with the Indian River County and Florida Department of Transportation (FDOT) standards to provide all elements necessary to accommodate the scope of work. This effort will include at a minimum; Key Sheet, Typical Section Sheet, General Notes Sheet, Plan and Profile Sheets, Cross Section Sheets, Erosion Control Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal PI's shall be included on the Plan or summarized in an alignment table. 3. Signing and Pavement Markings will be included within the Construction Documents. All signing and pavement markings are to be prepared in accordance Page 2 of 7 43 40% 80% 100% Cover Sheet P S F Summary of Pay Items P S F Drainage Maps P S F Typical Sections P S F Summary of Quantities & General Notes P S F Project Layout P S F Plan and Profile Sheets (40 scale) P S F Special Details P S F Roadway Soil Survey P S F Cross Sections at 100 ft intervals P S F tormwater Pollution Prevention Plans P S F Signing & Pavement Marking Plans (40 scale double plan) P S F Signalization Plans S F Construction Cost Estimate and Quantities P S F Notes: (P) -Preliminary, (S) -Substantially Complete, (F) -Final The final design plans will be prepared in accordance with the Indian River County and Florida Department of Transportation (FDOT) standards to provide all elements necessary to accommodate the scope of work. This effort will include at a minimum; Key Sheet, Typical Section Sheet, General Notes Sheet, Plan and Profile Sheets, Cross Section Sheets, Erosion Control Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal PI's shall be included on the Plan or summarized in an alignment table. 3. Signing and Pavement Markings will be included within the Construction Documents. All signing and pavement markings are to be prepared in accordance Page 2 of 7 43 Work Order No. 49 Indian River Boulevard Pedestrian & Bicycle Access Improvements Project with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and COUNTY standards. 4. Plans shall include spot grades adequate to describe any proposed grading. 5. Match lines shall not be located within the limits of an intersection. 6. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. 7. All quantities shall reference FDOT Pay Item Numbers. 8. All details shall reference FDOT Index Numbers, where applicable. 9. All specifications shall reference the FDOT Specifications for Road and Bridge Construction. Any deviations or special specifications not included in FDOT Specifications will be provided in the Technical Specifications. 10. Initial (40% completion), interim (80% completion) and Final Plan (100% completion) Submittal shall include the following: L Three (3) Sets Plans. ii. One (1) Opinion. of Probable Construction Cost iii. One (1) CD with drawings in PDF format. The Consultant will be responsible for producing an opinion of probable cost (OPC) estimate and reviewing and updating the OPC when scope changes occur and/or at designated milestones of the project. A Summary of Pay Items sheet shall be prepared with all required Initial (40%), Interim (80%) and Final Plan (100%) submittals. The Final Plans will be provided signed and sealed. The plans will be prepared based upon English units. The design will be conducted in MicroStation and Geopak. The Final Plans will be provided in Autodesk Civil 3D format. B. Drainage Design and Permitting: The Consultant will perform drainage investigations and analysis necessary to prepare a design which will drain the project in accordance with the COUNTY, St. Johns River Florida Water Management District (SJRWMD), Florida Department of Transportation (FDOT) and U.S. Army Corps of Engineers (ACOE) design criteria. 1. The Consultant will submit permit applications to the SJRWMD and ACOE to support the proposed improvements. Page 3 of 7 44 Work Order No, 49 Indian River Boulevard Pedestrian & Bicycle Access Improvements Project 2. The Consultant will submit the construction documents and project information necessary to support the County in the FDOT Small County Outreach Program (SCOP) review. 3. A Stormwater Pollution Prevention Plan (SW3P) will be developed in conjunction with this project. The site specific SW3P is a requirement of both the EPA National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities, and the FDEP Generic Permit for Stormwater Discharges from Construction Activities, 4. All permit fees will be paid directly by the COUNTY and are not included in the lump sum fees. C. Signing and Pavement Marking Plans: Signing and Pavement Marking plans shall include: Preparation of the plan layout, key map, quantities (including signing and pavement marking quantity), tabulation of quantities, and detail of major signs. Plans are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design and drawn at the same scale as the Roadway Plans, furnished in reproducible form. D. Signalization Plans: Traffic signal modification plans will be developed to support the additional pedestrian phase movements associated with the southbound and eastbound approaches to the Indian River Boulevard/ 12th Street intersection. It is understood that the proposed signalization improvements will be designed to meet current IRC and FDOT standards. The plans will include the design and layout of proposed pedestrian signal poles, signal heads, detectors, conduit, and pull boxes. The plans will include all call outs, controller timing chart, signal head details, controller notes, signal operating plan, and tabulation of quantities. The set of plans will include the following sheets: key sheet; tabulation of quantities; general notes, and plan sheet. E. Franchise Utility Coordination: The Consultant will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. Franchise utility adjustments, designed by the respective franchise utility operator, will be requested by the Consultant and reflected within the prepared construction documents. Page 4 of 7 45 Work Order No. 49 Indian River Boulevard Pedestrian & Bicycle Access Improvements Project EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Roadway Plans Drainage Design and Permitting Signing and Pavement Marking Plans Signalization Plans Franchise Utility Coordination Labor Fee $ 171,720 $ 39,660 $ 21,900 $ 22,300 $ 13,200 Total Project 268,780 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 5 of 7 46 Work Order No. 49 Indian River Boulevard Pedestrian & Bicycle Access Improvements Project EXHIBIT C—TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately six (6) months from the Notice to Proceed (NTP). NTP Initial Submittal (40% Design Drawings) Interim Submittal (80% Design Drawings) Final Submittal (100% Design Drawings) contingent upon BOCC approval 4 months following NTP 5 months following NTP 6 months following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 6 of 7 47 Work Order No. 49 Indian River Boulevard Pedestrian & Bicycle Access Improvements Project 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: KIM INC. By: Title: Senior Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney Page 7 of 7 S] /041 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: April 28, 2022 SUBJECT: Children's Services Advisory Committee Ordinance BACKGROUND. After initially considering establishing a Children's Trust special dependent district, on March 1, 2022, the Indian River County Board of County Commissioners ("Board") voted not to place the Children's Trust special dependent district referendum on the November 2022 ballot. The Board did however vote to direct the County Attorney's Office to move forward with an ordinance changing aspects of Part II (Children's Services Advisory Committee) of Chapter 103 (Commissioners and Boards) of the Indian River County Code of Ordinances (the "Code") to address many of the issues raised in the proposed Children's Trust special dependent district ordinance. In addition to the changes previously addressed as part of that process, the Board additionally directed the County Attorney's Office to include business experience as a qualification for the community appointed members appointed by the Board. Also, the Board included an increase in the millage cap from the current limit of 0.125 to 0.25. Pursuant to the Board's direction, the County Attorney's Office has made those revisions to the draft ordinance and scheduled the matter for a public hearing. The County Attorney's Office recommends that the Chair open the public hearing, take any public comment, close the public hearing and that the Board vote to approve the draft ordinance. FUNDING. The cost associated with this item was the cost of publication of the notice of public hearing in the amount of $135.09 which is paid from the County Attorney's Budget/Legal Ads; Account No. 00110214-034910. RECOMMENDATION. The County Attorney's Office recommends that the Chair open the public hearing, take any public comment, close the public hearing and that the Board vote to approve the draft ordinance. ATTACHMENT. Draft Ordinance 49 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING PART II (CHILDREN'S SERVICES ADVISORY COMMITTEE) OF CHAPTER 103 (COMMISSIONS AND BOARDS) TO UPDATE VARIOUS ASPECTS OF THE CHILDREN'S SERVICES ADVISORY COMMITTEE, INCLUDING MEMBERSHIP, FUNDING AND DISTRIBUTION OF FUNDS; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS; AND AN EFFECTIVE DATE. WHEREAS, Indian River County is among Florida's richest counties; and WHEREAS, Indian River County has the 10th largest income gap between the top 1 percent and bottom 99 percent of earners out of 3,061 counties in the United States; and WHEREAS, children and youth under age 18 represent 16% of Indian River County's population; and WHEREAS, 16% of Indian River County children live in poverty and an additional 33% of Indian River County children live in households that are one financial emergency or missed paycheck away from poverty; and WHEREAS, a network of organizations serving children and families in Indian River County has for decades demonstrated a trusted and verifiable track record of operating proven programs and developing promising practices that deliver measurable results by improving the health, education, economic opportunity and housing conditions for this vulnerable population; and WHEREAS, investing in developmental and educational resources for children and families will provide measurable returns for our community; and WHEREAS, Indian River County's children need enhanced services; and WHEREAS, 7.5% of babies born in Indian River County each year are considered low birth weight, and 10.9% are preterm; and WHEREAS, 42% of children in Indian River County are not prepared to enter kindergarten; and WHEREAS, as many as 50% of children with developmental delays or disorders are not diagnosed or properly treated before they start school; and WHEREAS, 54% of students in Indian River County are eligible for free & reduced lunch -land 50 WHEREAS, in Indian River County only 60% of children in 3rd grade read on grade level and only 53% of 8th graders are proficient in 8th grade math; and WHEREAS, over 1,500 reports of suspected child abuse in Indian River County are regularly received by the Department of Children and Families in a given year; and WHEREAS, over 10% of middle school age children report using alcohol in the past 30 days; and WHEREAS, 28% of Indian River County students are chronically absent; and WHEREAS, Indian River County's teen pregnancy rate of 22.7/1000 is higher than the state's average of 19.7/1000; and WHEREAS, Indian River County's hospitalization rate for youth for mood and depressive disorders is twice that of the state of Florida; and WHEREAS, quality programs addressing these needs pay for themselves many times over and the cost of inaction is a tragic loss of human and economic potential that we cannot afford, WHEREAS, the Indian River County Board of County Commissioners determines that it is in the best interests of the health and well-being of our children and broader community to modify the provisions Part II (Children's Services Advisory Committee) of Chapter 103 (Commissioner and Boards) to strengthen the process of funding children's programs. 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 II (Children's Services Advisory Committee) of Chapter 103 (Commissions and Boards) of the Code of Indian River County Florida. New language indicated by underline, and deleted language indicated by strikethreugI4. Part II (Children's Services Advisory Committee) of Chapter 103 (Commissions and Boards) of the Code of Indian River County, Florida, is hereby amended to read as follows: 51 CHAPTER 103. — COMMISSIONS AND BOARDS. PART II. CHILDREN'S SERVICES ADVISORY COMMITTEE. Section 103.20. - Purpose. The purpose of the children's services advisory committee is to promote healthy nhil,�ron the health and well-being of children in a healthy community. The term "healthy" encompasses socioeconomic, physical, mental, social, emotional, environmental and educational health. Section 130.21. - Objective. (1) The objective of the children's services advisory committee is to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed by the children's services advisory committee.. (2) Definition of child. Any person who has not attained the age of eighteen (18) years, also minor. (3) This objective will be met by the children's services advisory committee through the powers and functions of the board of county commissioners as follows: a) Recommended to provide and maintain in the county, services for children as the children's services advisory committee determines are needed for the general well-being of the county. b) Collect information and statistical data and conduct research helpful to the children's services advisory committee and the county in deciding the needs of children in the county. c) Consult, collaborate, and coordinate with other agencies dedicated to the well- being of children to the end that unnecessary duplication of services will be prevented. d) Recommend the allocation of funds to agencies that provide services for 'he benefit of children in Indian River County. e) Recommend standards for evidence based measurable outcomes within the request for proposal and monitor the agencies for actual performance on agreed upon standards. f) Recommend to employ, pay and provide benefits for any part-time or full-time position needed to execute the foregoing powers and functions. 52 Section 103.22. - Appointment to the children's services advisory committee. (1) The membership of the children's services advisory committee shall consist of thirteen (I fifteen (15) voting members who must be residents of Indian River County as follows: a) x{6) Seven 7 ex -officio voting members. Those members shall be: 1. County Commissioner 2. Judge living in Indian River designated by Chief Judge 3. Superintendent of Schools 4. Department of Children and Families, Assistant DictriG Circuit 19 Community Development Administrator 5. Department of Health County Health Department Administrator 6. Law Enforcement officer 7. Representative from the Indian River County Hospital District. b) Five (5) voting members from the community appointed by the board of county commissioners, reflecting the-geegraphiGal and SE)Eial diversity of th diStFiGt. which individuals shall have some form of expertise in the arena of children's services, such as a physician, licensed mental health professional, child advocate or someone with business experience. c) Two (2) at -large voting members shall be appointed by the board of county commissioners. d) One voting member, appointed by the board of county commissioners, who is an accountant, certified financial officer, certified financial planner or has significant financial experience. (2) Reserved. (3) The seven (7) dictriGt and at large members appointed by the board of county commissioners shall have been residents of Indian River County for at least twenty- four (24) months prior to nomination. Such members shall be appointed for four- year terms, except that the length of the terms of the initial appointees shall be adjusted to stagger the terms. No at -large member shall serve for more than two (2) consecutive four-year terms. 53 te replaGethat diStFiGt member.Reserved. (5) No designee of principals will be allowed for any member of the children's services advisory committee. One GOunty staff member, assigned by the GE)URty administrateF, aGtiRg as the Reserved.non voting member. (7) Officers: Officers will include a chair, appointed by the board of county commissioners, vice chair, and standing sub -committee chairs. Officers excluding the chair will be elected by the majority vote of the children's services advisory committee members each January and will assume the duties of their office on the regular meeting on the second Monday of the next meeting each year. The term as an officer, other than a county commissioner, will be for one year, but officers may succeed themselves. (8) Except in the event of a conflict between with this Chapter, the children's services advisory committee shall be subject to the provisions of Chapter 103 of the Indian River County Code of Ordinances. Section 103.23. - Duties of the children's services advisory committee members. (1) Identify and assess the needs of the children in Indian River County and submit to the board of county commissioners a written description of: a) The activities, services, and opportunities available to Indian River County children. b) The activities, services, and opportunities that need to be provided to Indian River County's children. c) The anticipated schedule for providing those activities, services, and opportunities. d) The manner in which children will be served, including a description of collaboration and partnerships that will be made with community organizations, state and local educational agencies, federal agencies, public assistance agencies, the juvenile courts, foster care agencies, and other applicable public and private agencies and organizations. e) The strategy that will be used for interagency coordination and collaboration to maximize existing human and fiscal resources. 54 f) The special outreach efforts that will be undertaken to provide services to promote healthy children. (2) Provide orientation to all new children's services advisory committee members, to allow them to perform their duties and understand the Sunshine Law. (3) Based upon board of county commissioner's fiscal year, provide an annual written report and presentation in January to the board of county commissioners. (4) Provide an updated short term and long-term plan to the board of county commissioners to include, but not limited to: a) Programs, services, and activities that meet the objectives of the children's services advisory committee. b) A detailed budget for activities, services, and programs recommended to receive funding from the board of county commissioners. Section 103.24. - Sub -committees. (1) The children's services advisory committee may establish the change of membership in or termination of the existence of any sub -committees. Each sub- committee shall be named and shall have and may exercise such powers as delegated by the children's services advisory committee through the board of county commissioners. Sub -committees may be composed of children's services advisory committee members and citizens who are Indian River County residents. Only children's services advisory committee members shall serve as sub- committee chairs. A minimum of three people will serve on each sub -committee. (2) There shall be standing sub -committees created by the children's services advisory committee. The children's services advisory committee chair shall appoint the sub -committee chairs with the approval of the children's services advisory committee. Annually standing sub -committees will evaluate their effectiveness and make recommendations to the children's services advisory committee. a) Nominating sub -committee: Potential appointees shall submit resumes to the board of county commissioners and the board will make the selection. b) Community needs assessment and planning sub -committee: Identify and assess the needs of children of Indian River County through a needs assessment and asset mapping; submit to the board of county commissioners through the children's services advisory committee a written description of those needs. Provide and update short term and long term plan to the children's services advisory committee including, but not limited to: 55 i) Programs, services, and activities that meet the objectives of the children's services advisory committee. ii) A detailed budget for activities, services, and programs recommended to receive funding from the board of county commissioners. c) Grant review and program sub -committee: In coordination with the executive office director, review and revise requests for proposal (RFP) based on need determination and set priorities. Submit to children's services advisory committee for approval. Review and recommend letters of intent submitted by agencies requesting funding. Through eXeG tive „ffiGe direGtor, notify eleGte d grant-appl+Eant of sem step--preees Review final RFPs and make recommendations for funding to children's services advisory committee, who will then recommend to the board of county commissioners for funding. Receive, review and present to children's services advisory committee members' quarterly (at a minimum) reports from funded agencies. Conduct program evaluations throughout the funding period, schedule and attend site visits to funded program. d) Other sub -committees deemed necessary to fulfill the duties of the children's services advisory committee may be established by the children's services advisory committee chair, with the expressed consent of the board of county commissioners. Section 103.25. - Meetings. (1) The children's services advisory committee will meet at least quarterly or as called by the chair. a) All members are expected to attend all meetings. If a member's annual attendance drops below the seventy-five (75) percent mark the executive office director shall submit a report to the board of county of commissioners for their consideration of possible removal from the children's services advisory committee. b) Members of the children's services advisory committee shall serve without compensation. (2) The fiscal year of the children's services advisory committee will be the same as the Indian River County Board of County Commissioners. Section 103.26. - Funding. The board of county commissioners shall provide an assigned millage of up to 0.125 0.25 to the children's services advisory committee. 56 Section 103.27. Dostrobutoon Use of funds. It is the intent of this part that the funds provided per section 103.26 shall be used for the development and authorization of continuing programs to improve the quality of life for all children in Indian River County. Funds will be expended for children's services to promote the health and well-being of children, which encompasses socioeconomic, physical, mental, social, emotional, environmental and educational health. Such programs and services may include, but shall not be limited to the following purposes: 1) To allocate and provide funds for agencies in Indian River County which are operated for the benefit of children. 2) To support programs and services which will enhance academic achievement and assist all children to achieve literacy and perform at grade level in core areas such as readina. math and science. 3) To provide and maintain in Indian River County such guidance, psychological, or psychiatric programs and services as the county determines are needed for the general welfare of the children and families of Indian River County_ 4) To support programs and services which promote and improve the physical health and well-being of all children, including physical and recreational activities. 5) To support programs and services designed to stop child abuse before it starts. 6) To provide funds to programs and services that keep our children off the streets and away from drugs, alcohol and other risky behaviors. 7) To provide prenatal care programs where such programs will improve birth outcomes for all children. 8) To provide for such other services for all children as the county determines are needed for the general welfare of Indian River County_. 57 9) To collect information and statistical data which will be helpful to the county in deciding the needs of children and to develop techniques for monitoring the efficacy of funded programs and services including, but not limited to the gathering of data, measuring outcomes, goal effectiveness, research. 10)To provide or coordinate training, professional development and other support to children's services advisory committee funded agencies which will ultimately improve service delivery and desired outcomes for children. 11)To consult, coordinate and collaborate with local, state and national entities which promote best practices, professional standards and advocacy focusing on the health, well-being and education of children and families. 12)To lease or purchase such equipment and personal property, up to $5,000, as are needed to execute the foregoing programs and services. 13)To employ and pay, on a part-time or full-time basis, personnel needed to execute the foregoing programs and services. 14)To provide for administrative expenses limited to Indian River County staff implementing this chapter and operating supplies, directly related to tasks necessary to fulfill the scope and purposes of this chapter, in an amount not to exceed eight (8) per cent of the annual millage for that fiscal year, to be determined at the time of budget adoption. Such children's services may be provided in accordance with the provisions of this article and such rules, policies and procedures as may be established by resolution of the county, which may include, but shall not be limited to programs providing for grants to not-for-profit agencies for the reimbursement of expenditures for operational and overhead expenses for the creation, development and implementation of programs grants to not-for-profit agencies or children based upon funding all or a portion of the cost of services rendered, the purchase of services or, where children's services can most economically and efficiently be provided by county, through the establishment of county - run programs. Funding will not be used to pay for or reimburse services provided by other governmental entities or their employees. Section 103.28. - Cooperative agrea„,e process for distribution of funds. -- - - - - - - - - -• - - 1) The application process will be in the form of a request for proposal. Each completed application shall contain expected results stated in required evidence based measurable terms for review by the children's services advisory committee and a copy of the most recent financial audit. Governmental agencies are excluded from the financial audit reauirement. 2) Announcement of plan. As soon as reasonably possible after submission of the children's services advisory committee's annual report and initial funding plan for children's programs and services, the county shall approve or modify the plan and announce the availability of funding for the upcoming fiscal year. The announcement will include a description of services and programs recommended for funding. The announcement will include information pertaining to funding applications, rules and procedures pertaining to the award of funds and applicable dates for submission of applications and all details pertinent thereto. 3) Funding request evaluation. Evaluations of agencies submitting funding applications shall include, but not be limited to, site visits, interviews, and application review. Applications received will be assessed on the basis of specified criteria and will include, but not be limited to, the following items: a. Organization's capability. The qualifications and experience of the applicant in providing quality human services and the agency's financial capability. b. Evidence based outcomes from prior years. c. Need for service. Appropriate goals and objectives in response to the advertisement of funding availabilitV. d. Soundness of methodology. The goal and objectives, description of services with timeline and documented coordination with other service providers. e. Evaluation. The program's process and outcome objectives data collection system and evaluation design. f. Cost effectiveness. The proportion of budget applied to direct services funds from other sources, funds requested, current and proiected long range efficiency. g. Children and families served. The extent to which the application addresses services to meet identified needs of the target population. h. Neighborhood -based initiatives. The extent and degree to which the application focuses on a local area or neighborhood. i. Response to a specified strategy. The applicant's identification of and appropriate response to a specified primary strategy. 59 j. Application. The relative completeness, clarity and conciseness of the response to all required items in the funding announcement and application. 4) Prior to budget hearings, the children's services advisory committee shall submit a line item request, by program, to the board of county commissioners for funding consideration. This total request will be within the boundaries of the funding set forth for children's services by the board of county commissioners under section 10326 Section 103.29. - Bookkeeping and audit. Any agency funded through the process set forth in Part II of this chapter shall be required to keep adequate records reflecting the use of funds and services provided. These records shall be made available to the children's services advisory committee or board of county commissioners upon reasonable demand. The executive office director shall, at a minimum; review a -R4 records quarterly and prepare written reports for the children's services advisory committee. All agencies must provide the children's services advisory committee with an audit based upon standard accounting procedures. Section 103.30. - Function of executive office director. The executive office director of the county, under the purview of the County Administrator, will provide all services needed to support the services set forth in this part, including, but not limited to, complete egg reports and activities required to meet the objectives of the children's services advisory committee. These activities will include, but are not limited to, seGretaFmal administrative support for the children's services advisory committee meetings and be the official record repository for said records, keeping other records, monitoring agencies receiving funds, writing appropriate grants, producing written materials, reviewing applications for funding, reporting to the children's services advisory committee, preparing annual budgets, writing and presenting annual reports. The office of the executive office director shall consist of a director or manager and adequate staff to perform all duties aSSigRed by the nhi!dFeR'S 12Vices advisory GOMMrnrittee provided for under this part. Section 103.31. - Procedures handbook. The procedure handbook shall be adopted by the board of county commissioners by resolution, which sets out the operating procedures of the children's services advisory committee. Section 4. 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 60 word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. Effective Date. This ordinance was advertised in the Indian River Press Journal on the day of , 2022, for a public hearing to be held on the —day of , 2022, at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Joseph 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 2022. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk This Ordinance was filed with the Department of State on the day of , 2022. 61 Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: May 4, 2022 SUBJECT: Dasie Hope/ West Wabasso Progressive Civic Club Lease Termination and Amendment to the Health Department Agreement Background //A On September 23, 2003, the Board of County Commissioners entered into a cooperative facility use lease agreement with the West Wabasso Progressive Civic Club and the Dasie Bridgewater Hope Center, Inc. for a portion of the "Old Douglass School" located at 8445 64ffi Avenue in Wabasso. The County leases the remainder of the property to the Economic Opportunities Council under a separate agreement. On February 1, 2022, the Health Department made a presentation to the Board proposing to add the Dasie Hope facility as a satellite location for their operations. The Health Department has a long history of providing public health services to Wabasso area residents. This includes a significant partnership with Dasie Hope over the past several years that has grown and expanded to include parenting classes, women's health, and plans for a food pantry and congregate meal site. Both Dasie Hope and the Health Department have realized increased possibilities in the future by transferring this site from the Dasie Hope lease to a Health Department facility with continued services from Dasie Hope and the Health Department. Under their proposal, the Health Department would provide services to address resident identified areas of need or concern: • Senior and children's services • Access to healthy foods • Unsafe Housing and neighborhoods • Lack of transportation • Lack of continued educational opportunities • Low wages and lack of employment opportunities • Unsanitary living conditions 62 The Health Department plans to locate seven (7) staff members at this location including; public health outreach staff, minority health liaison, SNAP -ED staff, and Health Equity liaison with the future possibility for additional services on a part-time basis. Following the presentation, the Board consensus was for the Health Department to move forward with the proposal for a satellite site at the Dasie Hope Center. On March 10 2022, Dasie Hope sent a letter notifying the County that they were voluntarily terminating the lease with the County with the plan that the Health Department will begin operations at the location (see letter attached). Pursuant to Section 20 of the lease, the County has the right to terminate the lease upon "[a]bandonment by either Civic Club or Dasie Hope of the Leased Premises, or discontinuance of operations by either Civic Club or Dasie Hope at the Leased Premises for more than ten (10) consecutive days". On April 1, 2022, the County notified Dasie Hope and the Civic Club that the lease would terminate as of April 30, 2022 for all parties (see letter attached). The Civic Club has challenged termination of the lease (see letter attached), however, the County Attorney confirms that the lease is deemed terminated. The Health Department has offered to allow the West Wabasso Progressive Civic Club the opportunity to use the facility for occasional meetings, similar to past practice, as shown in the attached letter dated March 7, 2022. The Health Department has submitted a proposed amendment to the FY 2021/22 Core Contract Agreement with the County to incorporate the Dasie Hope location. A new lease is not necessary for the Health Department to begin operations at Dasie Hope. The County would provide support for maintenance and operations at Dasie Hope in the same manner as the Health Department's main facility at the County Administrative Complex. It should be noted that this change will not have an impact on the lease between the County and the Economic Opportunities Council. Funding The County will undertake the obligation of providing maintenance and operational support at the Dasie Hope location in the same manner used for the Health Department's main facility. There expenses will be incorporated into the Facilities Management budget and supported by the General Fund, though some upfront capital costs will be provided from Optional Sales Tax. The facility is in need of some initial improvements including two new air conditioning systems and roof replacement. Staff estimates the total cost of these initial improvements will be $250,000. These will be funded from Optional Sales Tax/Facilities Mgmt./Daise Hope Building Improvements, Acct# 31522019-066510-22017. The estimated cost of maintenance and operations per the contract amendment are $105,342 per year. A budget amendment will be necessary to allocate funds for the initial improvements and operating costs for the remainder of the current fiscal year (estimated amount $60,000). Funding for ongoing maintenance will be included in the development of the County budget for next fiscal year. Staff Recommendation Staff recommends that the Board of County Commissioners approve the proposed amendment to the Core Contract Agreement with the Health Department. Staff further recommends that the Board approve the necessary budget amendment to provide funding for initial improvements and operating expenses for the remainder of the current fiscal year totaling $310,000. 63 Attachments Letter form Health Department to County, dated March 10, 2022 and Core Contract Amendment Letter from Dasie Hope, dated March 10, 2022 Letter from Dylan Reingold, dated April 1, 2022 Letter form West Wabasso Progressive Civic Club (received April 29, 2022) Letter from Health Department to West Wabasso Progressive Civic Club, dated March 7, 2022 Cooperative Facility Use Lease Agreement, effective September 23, 2003 Letter from FDOH, dated May 4, 2022 Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Vision: To be the Healthiest State in the Nation Jason Brown, Administrator Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Ron DeSantis Governor Joseph A. Ladapo, MD, PhD State Surgeon General March 10, 2022 RE: FY 2021-2022 Contract between the Indian River Board of County Commissioners and the Department of Health for operation of the Indian River County Health Department Dear Mr. Brown As specified in paragraph 4, section d., of the above referenced contract, either party may increase or decrease funds to the contract upon written notification to the other party. Accordingly, please find enclosed the following: • An updated Attachment III — Civil Rights Compliance and Non -Discrimination Certificate. • Page 5 of the contract reflecting the Civil Rights Compliance and Non -Discrimination Certificate. • Revised Attachment II, Part II, incorporating the in-kind for the Dasie Hope Center based on current county rates per square footage. • Attachment IV — added Dasie Hope Center as facilities used by Indian River County Health Department. If you have any questions, please feel free to contact Mayur Rao, Florida Department of Health in Indian River County Health Department Business Manager at (772) 794-7464. Sincerely, Miranda C. Hawker, M.P.H. Health Officer Enclosures Cc: Demonica Connell, Office of Budget and Revenue Management Florida Department of Health In Indian River County 1900 27th Street Vero Beach, FL 32960 Accredited Health Department PHONE: 772,794-7400 Public Health Accreditation Boq4 WEBSITE: http://indianriver.floddahealth.gov FloridaHealth.gov ATTACHMENT III TRAINING COUNTY HEALTH DEPARTMENT CIVIL RIGHTS COMPLIANCE AND NON-DISCRIMINATION CERTIFICATE The CHID agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the Department. 2. The CHID assures that it will comply with the Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. Assurance of Civil Rights Compliance: The CND hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); Title II and Title III of the Americans with Disabilities Act (ADA) of 1990, as amended by the ADA Amendment Act of 2008 (42 U.S.G. 12131-12189) and as implemented by Department of Justice regulations at 28 CFR Parts 35 and 36; Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency" (August 11, 2000); all provisions required by the implementing regulations of the U.S. Department of Agriculture (7 CFR Part 15 et seq.); and FNS directives and guidelines to the effect that no person shall, on the ground of race, color, national origin, age, sex, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which the agency receives Federal financial assistance from FNS; and hereby gives assurance that it will immediately take measures necessary to effectuate this agreement. By providing this assurance, the CHID agrees to compile data, maintain records and submit records and reports as required to permit effective enforcement of the nondiscrimination laws, and to permit Department personnel during normal working hours to review and copy such records, books and accounts, access such facilities, and interview such personnel as needed to ascertain compliance with the non-discrimination laws. If there are any violations of this assurance, the Department of Agriculture shall have the right to seek judicial enforcement of this assurance. This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance. This assurance is binding on the CHID, its successors, transferees, and assignees as long as it receives or retains possession of any assistance from the Department. The person or persons whose signatures appear below are authorized to sign this assurance on the behalf of the CHID. 4. Confidentiality of Data, Files, and Records: The CHID agrees to restrict the use and disclosure of confidential USDA, Women, Infant, and Children (WIC) applicant and participant information as specified in 7 CFR § 246.26(d)(1)(i) in accordance with 7 GFR § 246.26(d)(1)(ii), as applicable. 66 Attachment—III - Page 1 of 1 Systems shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in th:!s contract. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by County government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004. 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using County procedures pursuant to paragraph 6.b. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this contract. n. The CHD shall comply with the provisions contained in the Civil Rights Compliance and Non -Discrimination Certificate, hereby incorporated into this contract as Attachment III. 5 67 ATTACHMENT H INDIAN RIVER COUNTY HEALTH DEPARTMENT Part Il, Sources of Contributions to County Health Department October 1, 2021 to September 30, 2022 1. GENERAL REVENUE - STATE 015040 AIDS PATIENT CARE 015040 CHD - TB COMMUNITY PROGRAM 015040 FAMILY PLANNING GENERAL REVENUE 015040 PRIMARY CARE PROGRAM 015040 RACIAL & ETHNIC DISPARITIES - CHD EXPENSES 015040 SCHOOL HEALTH SERVICES - GENERAL REVENUE 015050 CHD GENERAL REVENUE NON -CATEGORICAL GENERAL REVENUE TOTAL 2. NON GENERAL REVENUE - STATE 015010 ENVIRONMENTAL.. BIOMEDICAL WASTE PROGRAM NON GENERAL REVENUE TOTAL S. FEDERAL FUNDS • STATE 007000 AIDS DRUG ASSISTANCE PROGRAM ADMIN HQ 007000 WIC BREASTFEEDING PEER COUNSELING FROG 007,000 COASTAL BEACH WATER QUALITY MONITORING 007000 COMPREHENSIVE COMMUNITY CARDIO - PHBG 007000 STRENGTHENING STD PREVENTION AND CONTROL 007000 ELC COV1D ENHANCED DETECTION EXPANSION GRANT 007000 EPID & LAB FOR INFECTIOUS DISEASE CORD -19 007000 ELC SCHOOL HEALTH REOPENING GRANT 007000 FAMILY PLANNING TITLE X - GRANT 007000 HEALTH DISPARITIES GRANT COVID•19 007000 IMMUNIZATION & VACCINES CHILDREN COVLD 19 RESPON 007000 INFANT MORTALITY 007000 IMMUNIZATION ACTION PLAN 007000 MGH SPEC PRJ SOCIAL. DETERMINANTS HLTH COMM EDU 007000 BASE COMMUNITY PREPAREDNESS CAPABILITY 007000 BASE PUB HLTH SURVEILLANCE & EPI INVESTIGATION 007000 AIDS PREVENTION 007000 RYAN WHITE TITLE I.1 GRANT/CHD CONSORTIUM 007000 WIC PROGRAM ADMINISTRATION 015075 SUPPLEMENTAL SCHOOL HEALTH 015075 SNAP ED - NUTRITION 015075 SNAP ED - OBESITY FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES • STATE 001020 CHD STATEWIDE ENVIRONMENTAI. FEES 001092 ON SITE SEWAGE DISPOSAL PERMIT FEES 001092 CHD STATEWIDE ENVIRONMENTAL FEES 001206 ON SITE SEWAGE DISPOSAL PERMIT FEES 001206 SANITATION CERTIFICATES (FOOD INSPECTION) State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 100.000 0 100,000 0 100,000 23,705 0 23,705 0 23,705 40,889 0 40,889 0 40,889 183,226 0 183,226 0 183,226 55,000 0 55,000 0 55,000 136,867 0 136.867 0 136,867 1,508,076 0 1,508,076 0 1,508,076 2,017,763 0 2,047, 763 0 2,047,763 6,480 0 6,480 0 6,480 6,480 0 6,480 0 6,480 39,388 0 39,388 0 39,388 60,000 0 60,000 0 60,000 10,712 0 10,712 0 10,712 115,000 0 115,000 0 115,000 27,591 0 27,591 0 27,591 1,237,965 0 1,237.965 0 1,237,965 83,558 0 83,558 0 83,558 188,507 0 188,507 0 188,507 43,669 0 43.669 0 43,669 73,258 0 73,258 0 73,258 308.389 0 308,389 0 308,389 14.776 0 14,776 0 14,776 35,000 0 35,000 0 35,000 23,113 0 23,113 0 23,113 90,205 0 90,205 0 90,205 76,974 0 76,974 0 76,974 56,262 0 56,262 0 56,262 90,000 0 90,000 0 90,000 486,059 0 486.059 0 486,059 150,068 0 150,068 0 150,068 37,907 0 37,907 0 37,907 37,907 0 37,907 0 37,907 3,286,308 0 3,286.308 0 3,286,308 141,947 0 141.947 0 141,947 386,640 0 386,640 0 386,640 4,228 0 4,228 0 4.228 12,264 0 12,264 0 12,264 2,164 0 2,164 068 2.164 AttachmeriU11 Part_II - Page 1 of 3 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASH CONTRIBUTION TOTAL 6. MEDICAID - STATRICOUNTY: 001057 CHD CLINIC FEES 001148 CHD CLINIC FEES MEDICAID TOTAL 7. ALLOCABLE REVENUE - STATE: 001004 CHD STATEWIDE ENVIRONMENTAL FEES 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES ALLOCABLE REVENUE TOTAL 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE ADAP PHARMACY DRUG PROGRAM WIC PROGRAM BUREAU OF PUBLIC HEALTH LABORATORIES IMMUNIZATIONS OTHER STATE CONTRIBUTIONS TOTAL 9. DIRECT LOCAL CONTRIBUTIONS - BCCITAX DISTRICT 008005 HUMAN AND CHILDRENS SERVICES PROGRAM 008005 CHD FEDERAL & LOCAL INDIRECT EARNINGS 008040 CHD LOCAL REVENUE & EXPENDITURES DIRECT COUNTY CONTRIBUTIONS TOTAL 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001077 CHD CLINIC FEES 001094 CHD LOCAL ENVIRONMENTAL FEES 001110 VITAL STATISTICS CERTIFIED RECORDS FEES AUTHORIZED BY COUNTY TOTAL 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001029 CHD CLINIC FEES Total 6,339 374 30 190 1,070 1,540 563,928 0 ATTACHMENT II 0 0 0 INDIAN RIVER COUNTY HEALTH DEPARTMENT 0 487,020 0 Part II, Sources of Contributions to County Health Department 487,020 0 487,020 October 1, 2021 to September 30, 2022 487,020 0 8,380 State CRD County Total CHB 8,380 0 Trust Fund CHD Trust Fund Other 41,149 (cash) Trust Fund (cash) Contribution 001206 SEPTIC TANK RESEARCH SURCHARGE 7,142 0 ;. 1-12 0 001206 PUBLIC SWIMMING POOL PERMIT FEES -10% HQ TRANSFER 6,339 0 6,339 0 001206 DRINKING WATER PROGRjLM OPERATIONS 374 0 374 0 001206 REGULATION OF BODY PIERCING SALONS 30 0 30 0 001206 TANNING FACILITIES 190 0 190 0 001206 TATTO PROGRAM ENVIRONMENTAL HEALTH 1,070 0 1,070 0 001206 MOBILE HOME & RV PARK FEES 1,540 0 1,540 0 FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 563,928 0 563,928 0 6. OTHER CASH CONTRIBUTIONS - STATE: 0 0 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASH CONTRIBUTION TOTAL 6. MEDICAID - STATRICOUNTY: 001057 CHD CLINIC FEES 001148 CHD CLINIC FEES MEDICAID TOTAL 7. ALLOCABLE REVENUE - STATE: 001004 CHD STATEWIDE ENVIRONMENTAL FEES 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES ALLOCABLE REVENUE TOTAL 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE ADAP PHARMACY DRUG PROGRAM WIC PROGRAM BUREAU OF PUBLIC HEALTH LABORATORIES IMMUNIZATIONS OTHER STATE CONTRIBUTIONS TOTAL 9. DIRECT LOCAL CONTRIBUTIONS - BCCITAX DISTRICT 008005 HUMAN AND CHILDRENS SERVICES PROGRAM 008005 CHD FEDERAL & LOCAL INDIRECT EARNINGS 008040 CHD LOCAL REVENUE & EXPENDITURES DIRECT COUNTY CONTRIBUTIONS TOTAL 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001077 CHD CLINIC FEES 001094 CHD LOCAL ENVIRONMENTAL FEES 001110 VITAL STATISTICS CERTIFIED RECORDS FEES AUTHORIZED BY COUNTY TOTAL 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001029 CHD CLINIC FEES Total 6,339 374 30 190 1,070 1,540 563,928 0 0 0 0 0 487,020 0 487,020 0 487,020 487,020 0 487,020 0 487,020 0 8,380 8,380 0 8,380 0 41,149 41,149 0 41,149 0 49,529 49,529 0 49,529 4,200 0 4,200 0 4,200 10,000 0 10,000 0 10,000 1.4,200 0 14,200 0 14,200 0 0 0 51,468 51,468 0 0 0 350 350 0 0 0 1,542,956 1,542,956 0 0 0 18,135 18,135 0 0 0 51,666 51,666 0 0 0 1,664,575 1,664,575 0 76,680 76,680 0 76,680 0 14,061 14,061 0 14,061 0 658,764 658,764 0 658,764 0 749,505 749,505 0 749,505 0 3,140 3,140 0 3.140 0 270,031 270,031 0 270:031 0 220,000 220,000 0 220,000 0 493.1.71 493,171 0 493.171 0 8,188 8,188 0 8.188 69 Attachment-ii-PartI - Page 2 of 3 ATTACFMENT II INDIAN RIVER COUNTY HEALTH DEPARTMENT Part II, Sources of Contributions to County Health Department October 1, 2021 to September 30, 2022 001090 CHD CLINIC FEES 010300 MIGRANT LABOR HOUSING INSPECTION H -2A PROGRAM 010400 CHD SALE OF SERVICES IN OR OUTSIDE OF STATE GOVT 011000 REVENUE CONTRACT/MOA WfNO REPORTING REQUIREMENT 011001 CHD HEALTHY START COALITION CONTRACT 011001 HEALTHY START NURSE FAM PARTNERSHIP EXPAND CHD 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER. CASH AND LOCAL CONTRIBUTIONS TOTAL 12. ALLOCABLE REVENUE - COUNTY 001004 CHD STATEWIDE ENVIRONMENTAL FEES 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES COUNTY ALLOCABLE REVENUE TOTAL 13. BUILDINGS • COUNTY ANNUAL RENTAL EQUIVALENT VALUE OTHER (Specify) UTILITIES BUILDING MAINTENANCE DAS1E HOPE - ANNUAL RENATL EQUIVALENT VALUE DASIE HOPE - UTILITIES DASIE HOPE - BUILDING MAIINTENANCE OTHER (Specify) BUILDINGS TOTAL 14 OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY EQUIPMENT / VEHICLE PURCHASES VEHICLE INSURANCE VEHICLE MAINTENANCE OTHER COUNTY CONTRIBUTION (SPECIFY) OTHER COUNTY CONTRIBUTION (SPECIFY) OTHER COUNTY CONTRIBUTIONS TOTAL GRAND TOTAL CHD PROGRAM State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 0 7,900 7,900 0 7.900 0 1,695 1,695 0 1,695 0 60 60 0 60 0 186,190 186,190 0 186,190 0 2,504 2.504 0 2,504 0 84,802 84,802 0 84,802 0 -282.616 -282,616 0 -282,616 0 8,723 8,723 0 8,723 0 4,200 4,200 0 4,200 0 10,000 10.000 0 10,000 0 14,200 14.200 0 14,200 0 0 0 455,938 455,938 0 0 0 0 0 0 0 0 153,560 153,560 0 0 0 82,068 82,068 0 0 0 69,450 69,450 0 0 0 23,391 23,391 0 0 0 12,501 12,501 0 0 0 0 0 0 0 0 796,908 796,908 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6,405,699 1,315,128 7,720,827 2,461,483 10.182,310 70 Attachment II-Part_il -Page 3 of 3 § E \ < Co \ CN \ \ , _ c 0 \ / ƒ CD E \ 0 u LO Wi o \ n LL o ){)/ $ § k {){\ �2■ . . \�j� \ / \ §]k$ o£u3 ] ` k o \ 0 § 2 _ 21 C \ 3 < \ ) ® { / / § § / § E § Z a E £� _ g c z u 3m () ) § ) k \ 2« 0 . \O °_En u ( §) _ u $ f ]Eƒ {) 2 < G U J \2/ 7y \ } )Rje \ \ ®k\ to �{m c ! � \ \ E 3 k < a Rs Board of Directors March 10, 2022 Anthony Dudley Chairman Tad Stone Dear Sir/Madam, Vice Chairman Please allow this to confirm that Dasie Bridgewater Hope Center, Inc. Cynthia Douglas (DBHC) is voluntarily terminating the lease at 8445 64`'' Avenue, Miranda Hawker, MPH (DBHC) FL 32970 effective when the Florida Department of Health Cassandra Hendley Indian River County (FLDOH) begins operations at this location. Dr. Peggy Jones DBHC will continue programming as a separate, independent 5016 Shutonna iYlcGriff, CP organization in the new partnership with FLDOH. Michelle Morris Sincerely Dr. Ralph Turner'//�f2 Verna Oright Executive Director Verna Wright Executive Director 1� Kimberly Wrig Assistant Director h6hm� 8445 64th Ave, PO Box 701483, Wapcsso. FL 32970 Ph- 772-589-3535 ( Fox. 772-589-4688 cHaAREMs SERMES ADVWW � � 7ADVISORY BOARD OF COUNTY COMMISSIONERS OFFICE OF COUNTYATTORNEY Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney April 1, 2022 Verna Wright, Executive Director Dasie Hope Center 8445 64"' Avenue Wabasso, FL 32970 Dear Ms. Wright: AVER co ORTDQ/ Via electronic communication As you are aware, the Dasie Bridgewater Hope Center, Inc. ("Dasie Hope") and the West Wabasso Progressive Civic Club, Inc. ("Civic Club") have been utilizing the Old Douglass School Cafeteria Building (the "Property") under a Cooperative Facility Use Lease Agreement with Indian River County, dated September 23, 2003 (the "Lease"). Under the Lease, both Dasie Hope and the Civic Club were granted the right to use the Property on a cooperative basis with each other. On March 10, 2022, you sent a letter stating that Dasie Hope "is voluntarily terminating the lease at 8445 64th Avenue, Wabasso, FL 32970 effective when the Florida Department of Health Indian River County (FLDOH) begins operations at this location." Pursuant to section 20 of the Lease, Indian River County has the right to terminate the Lease upon "[a]bandonment by either Civic Club or Dasie Hope of the Leased Premises, or discontinuance of operations by either Civic Club or Dasie Hope at the Leased Premises for more than ten (10) consecutive days". Per section 20.1 of the Lease, please consider this written notice that Indian River County deems such a letter as Dasie Hope's abandonment of the Property, an Event of Default as set forth under the Lease. Thus, the Lease will terminate as of April 30, 2022 in the event Dasie Hope does not cure this default. Please be aware that if Dasie Hope fails to cure this Event of Default, the Lease will be deemed terminated for both Dasie Hope and the Civic Club. Thank you for your cooperation. Dylan Reingold County Attorney cc: Jason E. Brown, County Administrator West Wabasso Progressive Civic Club, Inc. 180127th Street, Vero Beach, Florida 32960-3365• (772) 226-1424• Fax (772) 569-4317 73 ircattorney@ircgov.com WEST WABASSO PROGRESSIVE CIVIC CLUB P.O. BOX 786 WABASSO, FL 32970 April 29, 2022 PROTEST Via electronic communication and U.S. Mail Dylan Reingold, County Attorney 180127th Street Vero Beach, FL 32960-3365 Dear Mr. Reingold: On April 25, 1 received a letter and it was address to Ms. Wright, director of Dasie Hope, stating that per section 20.1 of the Cooperative Facility Use Lease Agreement with Indian River County, dated September 23, 2003 (the "Lease"), that Indian River County deemed Dasie Bridgewater Hope Center, Inc.'s ("Dasie Hope") abandon of the Old Douglas School Cafeteria Building as an Event of Default under the Lease. In that document you stated that "it was your understanding that Dasie Hope has not cured this Event of Default, and thus the Lease will terminate for both Dasie Hope and the West Wabasso Progressive Civic Club, Inc. on April 30, 2022." However, after a careful review of your lease agreement and the WWPCC board members meeting with you and the County administer, the WWPCC is officially protesting the breaking of our Cooperative Facility Use Lease Agreement with Indian River County. The "Club" wants to maintain, keep its lease agreement with the County. The "Club" also reject the use of the facility by the Health Department until they explain what their goals and objectives are for this community to the board members of the "Club" by public presentation to our meeting and in writing. It is in the view of the Club that the Health Department had knowledge of moving the clinic to this area and as a civic duty should have known that it was their responsibility to reach out to the "Club" an explain their intent to the West Wabasso Community. We find that the County is in Violation of its own lease agreement. In section 20.4 of the Cooperative Facility Use Lease Agreement clearly states, "that a default by one part shall not be deemed to be a default by the other party." If you have any questions, please free to contact me 772-501-4749 or email me rigbyardra@p,mail.com. 74 Sincerely, Ardra Rigby President Board Members Cc: Jason Brown Indian River County Administrator Ennis Jacobs Attorney 75 Mission: To protect, promote & improve the health of all people in Florida through integrated state. county & community efforts. Mr. Ardra Rigby 8565 59th Ave. Vero Beach, FL 32967 Re: Confirmation of Request Dear Mr. Rigby, Vision: To be the Healthiest State in the Nation March 7, 2022 Ron DeSantis Governor Joseph A. Ladapo, MD, PhD State Surgeon General DOH -Indian River anticipates having a satellite location at 8445 64t1 Ave. beginning in late May 2022. Our goal is to bring resources and services to benefit the community and county. It is our understanding that you have requested to continue to hold community meetings once a month at that location. Please contact myself, or Julianne Price at 772-794-7445, after May to arrange access to the building_ A week's notice of your request would be appreciated so that we may be sure to arrange our schedule accordingly to fulfill your request. Thank you for your support as we move forward with this beneficial change in the community. Florida Department of Health In Indian River County 1900 27th Street, Vero Beach, FL 32960 PHONE: 772/794-7400 WEBSITE: http://indiandver.flohdahealih.gov FloridaHealth.gov Sincerely, Miranda Hawker, MPH Accredited Health Department Public Health Accreditation Bora RESOLUTION NO. 2003- 120 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A COOPERATIVE FACILITY LEASE AGREEMENT WITH THE WEST WABASSO PROGRESSIVE CIVIC CLUB, INC. AND THE DASIE BRIDGEWATER HOPE CENTER, INC., A PROGRAM OF THE SUBSTANCE ABUSE COUNCIL OF INDIAN RIVER COUNTY, INC. FOR THE USE OF THE OLD DOUGLASS SCHOOL CAFETERIA BUILDING AT THE OLD DOUGLASS ELEMENTARY SCHOOL SITE. WHEREAS, the West Wabasso Progressive Civic Club, Inc, a Florida not for profit corporation organized exclusively for religious, charitable, scientific, literary, and educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986 and the Dasie Bridgewater Hope Center, Inc., a Florida not for profit corporation organized exclusively for religious, charitable, scientific, literary, and educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, a program of the Substance Abuse Council of Indian River County, Inc. have requested the cooperative use, in conjunction with the Indian River County Recreation Department of the Old Douglass School Cafeteria Building on the Old Douglass Elementary School Site for the purpose of conducting youth activities; and WHEREAS, the Board of County Commissioners finds that such a use of County property promotes the community interests and welfare, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDAIN RIVER COUNTY, FLORIDA, that the Board of County Commissioners of Indian River County, Florida, hereby approves and authorizes the Chairman to execute a cooperative facility use lease agreement among the Board of County Commissioners of Indian River County, Florida, the West Wabasso Progressive Civic Club, Inc and the Dasie Bridgewater Hope Center, Inc., a program of the Substance Abuse Council of Indian River County, Inc. as set out in the attached exhibit for a term of thirty (30) years at a rental rate of One Dollar ($1.00) each per year payable in advance. This lease is entered into pursuant to the authority of Florida Statutes sections 125.38 and 125.01. The foregoing resolution was offered by Commissioner Neuberger and seconded by Commissioner Ginn , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Caroline D. Ginn Aye Commissioner Fran B. Adams Aye Commissioner Arthur R. Neuberger Aye Commissioner Thomas S. Lowther Aye The Chairman thereupon declared the resolution duly passed and adopted this 23rd day of September, 2003. .' At Barton, Cler Deputy Clerk BOARD O OUNTY OM IONERS By Kenneth R. Macht, Chairman APPROVED AS TO FORM AN L L SUFFICIENCY B ARIAN E. F SiSTANT COUNTY ATT NEY COOPERATIVE FACILITY USE LEASE AGREEMENT THIS COOPERATIVE FACILITY USE LEASE AGREEMENT ("Lease") dated as of September 23. 2003 ("Effective Date") among the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter "Landlord"), WEST WABASSO PROGRESSIVE CIVIC CLUB, INC., a Florida not for profit corporation (hereinafter "Civic Club"), and DASIE BRIDGEWATER HOPE CENTER, INC a Florida not for profit corporation, a program of the Substance Abuse Council of Indian River County, Inc. (hereinafter "Dasie Hope"). BACKGROUND RECITALS A. Indian River County is authorized, pursuant to Section 125.38, Florida Statutes, to lease real property owned by Indian River County to not for profit organizations organized for the purposes of promoting community interest and welfare. B. On January 8, 1986, the Indian River County Board of County Commissioners, as landlord, entered into a lease agreement with the Economic Opportunities Council of Indian River County, Inc. ("EOC"), as tenant, for the entire premises known as the "Old Douglass Elementary School Site" (hereinafter the "EOC Lease"). C. The EOC Lease has a twenty-year term ending January 8, 2006. D. On November 26, 1986, the Indian River County Board of County Commissioners, as landlord, entered into a lease agreement (the "1986 Lease") with an entity called the "Wabasso Progressive Civic League, Inc." for a portion of land that may have been mis-described in the 1986 Lease and that appeared to have been leased to EOC under the EOC Lease. E. Subsequently, the Indian River County Board of County Commissioners, as landlord, asked the "Wabasso Progressive Civic League, Inc" to quitclaim back to the County any premises that were leased under the 1986 Lease, thereby effectively terminating the 1986 Lease. At the same time, the Economic Opportunities Council of Indian River County, Inc. entered into a License with the "Wabasso Progressive Civic League, Inc." (the 1986 License") for the use of the Old Douglass School Cafeteria Building ("Cafeteria"); F. It appears that the entity called the "Wabasso Progressive Civic League, Inc." is not a Florida corporation and it further appears that there had been some long-standing confusion over the correct name of the West Wabasso Progressive Civic Club, Inc.; G. The West Wabasso Progressive Civic Club, Inc. was incorporated as a Florida not for profit corporation on November 3, 1964 and organized exclusively for religious, charitable, scientific, literary, and educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986. H. The Cafeteria has been used by West Wabasso Progressive Civic Club, Inc. since the 1986 Lease and the 1986 License for the convenience, benefit, and welfare of the public. In coordination with the Indian River County Recreation Department, the Cafeteria is also used for recreational and sporting activities and events after school, in the evenings, and on weekends. I. The Dasie Bridgewater Hope Center, Inc. a Florida not for profit corporation organized exclusively for religious, charitable, scientific, literary, and educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, now wishes to share the use of the Cafeteria with the West Wabasso Progressive Civic Club, Inc. and the Indian River County Recreation Department. J. The Indian River County Board of County Commissioners, the Economic Opportunities Council of Indian River County, Inc., and the West Wabasso Progressive Civic Club, Inc. all desire to eliminate the confusion engendered by the 1986 License and the 1986 Lease by creating a landlord/tenant relationship between the Indian River County Board of County Commissioners and the West Wabasso Progressive Civic Club, Inc. for the Cafeteria and certain associated land, as more particularly described herein. K. The Indian River County Board of County Commissioners as landlord and the Economic Opportunities Council of Indian River County, Inc. as tenant have agreed to amend the EOC Lease: i) to "drop-out" the Cafeteria and certain associated land from the EOC Lease; and, ii) to delineate clearly the remaining premises leased from the Indian River County Board of County Commissioners as landlord to the Economic Opportunities Council of Indian River County, Inc., as tenant under the amended EOC Lease. L. As of the Effective Date of this Lease and the Effective Date of the amended EOC Lease, each of the 1986 Lease and the 1986 License will be deemed terminated. M. The EOC, the West Wabasso Progressive Civic Club, Inc., the Indian River County Recreation Department, and the Dasie Bridgewater Hope Center, Inc. all would like to have the West Wabasso Progressive Civic Club, Inc., the Indian River County Recreation Department, and the Dasie Bridgewater Hope Center, Inc. all share in the use of the Cafeteria. N. Landlord desires to allocate the use of the Leased Premises (as such term is hereinafter defined) among the Indian River County Recreation Department, Civic Club, and Dasie Hope on the terms and conditions set forth herein and the Indian River County Recreation Department, Civic Club, and Dasie Hope desire to have the cooperative joint use of the Leased Premises from Landlord on the terms and conditions set forth herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties agree as follows: 1. BACKGROUND RECITALS. The Background Recitals are true and correct and form a material part of this Lease. 2 2. LEASED PROPERTY. 2.1. General. The Landlord hereby leases to Civic Club and Dasie Hope, and Civic Club and Dasie Hope each hereby lease from Landlord, the real property located in Indian River County, Florida, as more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein in its entirety, together with the Old Douglass School Cafeteria Building, and other improvements, buildings, and facilities situated thereon (all of the foregoing collectively referenced as the "Leased Premises"). The parties acknowledge and agree that the building known as the "Old Douglass School Building" is not a part of the leasehold estate granted under this Lease.. 2.2. Additional Uses and Rights. Landlord hereby grants to Civic Club and Dasie Hope the following general uses and rights, all of which shall be non-exclusive on the site generally known as the Old Douglass Elementary School Site: The general use, in common with others, of certain portions of the Old Douglass Elementary School Site, including all necessary roadways, sidewalks, and parking facilities connected to the Leased Premises, all as more specifically depicted on Exhibit "B" attached hereto and by this reference incorporated herein in its entirety. In addition, the parties acknowledge and agree that the right to use the basketball court, as more specifically depicted on Exhibit "B", is granted by Landlord on a cooperative basis to Civic Club, Dasie Hope, the Indian River County Recreation Department, and the Economic Opportunities Council of Indian River County, Inc. 3. TERM. The initial term of this Lease shall be thirty (30) years commencing September 23„ 2003 and terminating on September 30, 2033 ("Expiration Date"). Each of Civic Club and Dasie Hope shall have the option to renew this Lease including all terms, conditions, covenants, warranties and representations herein, for one (1) additional ten (10) year term; provided, however, that either Civic Club or Dasie Hope, or both, gives Landlord written notice of such parties' intent to exercise its respective right to renew this Lease ninety (90) days prior to the Expiration Date; and further provided that the party requesting the renewal is not in default under any of the terms, conditions, or covenants under this Lease. The parties acknowledge and agree that Civic Club and Dasie Hope each have the independent right to request renewal of this Lease, with or without the consent or approval of Civic Club or Dasie Hope, as the case may be. 4. RENT. The rent for the Leased Premises shall be One Dollar (1.00) per year for each year of the term of this Lease, payable in advance on September 1 of each year of the term of this Lease Civic Club by each of Civic Club and Dasie Hope. 5. USE OF LEASED PREMISES 5.1. General. During the term of this Lease, Civic Club shall use the Leased Premises for the public purposes provided by the West Wabasso Progressive Civic Club, Inc. at the Leased Premises. During the term of this Lease, Dasie Hope/Substance Abuse Council shall use the Leased Premises for the public 3 purposes provided by the Dasie Bridgewater Hope Center, Inc. at the Leased Premises. When used by Civic Club or Dasie Hope, the Leased Premises shall be open to the public on a nondiscriminatory basis without regard to age, physical disability, sex, race, religion, color, creed, national origin, or ancestry. 5.2. Shared Use. Civic Club acknowledges and agrees that the Indian River County Recreation Department and the Dasie Bridgewater Hope Center, Inc. shall have the right to the use of the Leased Premises on a cooperative basis with Civic Club. Dasie Hope acknowledges and agrees that the Indian River County Recreation Department and the West Wabasso Progressive Civic Club, Inc. shall have the right to the use of the Leased Premises on a cooperative basis with Dasie Hope and the Indian River County Recreation Department. Each of Civic Club and Dasie Hope hereby agree to continue to allow the use of the Leased Premises by the Indian River County Recreation Department on a cooperative basis with Civic Club and Dasie Hope. 5.3. Prohibition on Alcoholic Beverages Civic Club and Dasie Hope each acknowledge and agree that they are prohibited from selling, having, using, or providing, or allowing the sale, use, or provision of, any alcoholic beverages of any nature whatsoever from, in, around, or in connection with, the Leased Premises. 6. LEASED PREMISES LEASED "AS IS". Civic Club and Dasie Hope each acknowledge and agree that the Leased Premises is being leased "as is" and that Landlord makes no warranty or guarantee of the condition of the Leased Premises or any of the improvements thereon. Civic Club and Dasie Hope each acknowledge and agree that they have examined the Leased Premises and have determined that the Leased Premises are suitable for the respective purposes of Civic Club and Dasie Hope. 7. COMPLIANCE WITH LAWS Civic Club and Dasie Hope each shall comply with all of the ordinances, codes, rules, and regulations of the County, and any federal or state laws, rules, regulations, requirements, orders, or codes that may pertain or apply to their respective use of the Leased Premises. 8. MAINTENANCE AND REPAIRS. Civic Club and Dasie Hope each agree to make any and all repairs and improvements to the Leased Premises and further agree to keep the Leased Premises in a safe, clean and attractive condition during the term of this Lease. Landlord agrees to mow and maintain the grass and fields. Civic Club and Dasie Hope each agree to maintain the exterior of the Cafeteria building. Upon the final expiration, or sooner termination of this Lease, Civic Club and Dasie Hope each, as the case may be, shall surrender the Leased Premises quietly and peaceably in substantially the same condition as it was at the outset of this Lease, reasonable wear and tear and damage by the elements excepted. 9. CONSTRUCTION: INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. 9.1. Equipment and Fixtures Civic Club and Dasie Hope each shall have the right to install on the Leased Premises such equipment, fixtures and other items 4 necessary or convenient for its use of the Leased Premises. All equipment and property purchased by Civic Club or Dasie Hope and placed in, on, or about the Leased Premises, including equipment not affixed to the realty, shall remain the property of Civic Club or Dasie Hope, respectively. Either Civic Club or Dasie Hope may remove such property on or before the termination of the Lease, provided that if removal results in damage to any part of the Leased Premises, Civic Club or Dasie Hope, as the case may be, shall return the Leased Premises to a condition suitable for the original intended use of that part of the Leased Premises . In addition, any and all personal property not attached or installed in any building or structure shall remain the property of Civic Club or Dasie Hope, as the case may be, and may be removed on or prior to termination of this Lease. 9.2. Construction. All buildings, structures and improvements constructed, erected, installed, placed upon, or otherwise added to the Leased Premises by Civic Club or Dasie Hope will immediately become the property of the County upon the issuance of the Certificate of Occupancy and will remain the property of the County upon termination of this Lease for any reason. Civic Club and Dasie Hope each acknowledge and agree that any and all improvements allowed to be constructed upon the Leased Premises shall be completed at the sole cost and expense of either Civic Club or Dasie Hope, respectively, as the case may be. All such improvements, including drainage and landscaping, shall be of attractive construction and first-class design and shall comply with any and all applicable governmental laws, regulations, rules, and orders, shall follow standard construction methods and shall be constructed in accordance with the plans and specifications approved by the County. Full and complete plans and specifications for all improvements shall be submitted to and subject to the written approval of the County prior to the commencement of construction. 10. PUBLIC UTILITIES. Civic Club and Dasie Hope each will pay, within the time allowed for payment without penalties, all charges for water, electricity, sewerage, trash disposal, and any and all other public or private utilities which may arise from their respective use of the Leased Premises. 11. INDEMNIFICATION. Civic Club shall indemnify, defend and hold harmless the Landlord, its officials, officers, agents, servants, and employees from and against any and all claims, liabilities, losses damages, costs (including all attorneys' fees, court costs and all other legal expenses at any and all stages of mediation or litigation including any and all appeals), or causes of action which may arise, directly or indirectly, from any misconduct or negligent act or omission of Civic Club, its officers, agents, servants, or employees in the operation of the Leased Premises, or otherwise in connection with this Lease. Dasie Hope shall indemnify, defend and hold harmless the Landlord, its officials, officers, agents, servants, and employees from and against any and all claims, liabilities, losses damages, costs (including all attorneys' fees, court costs and all other legal expenses at any and all stages of mediation or litigation including any and all appeals), or causes of action which may arise, directly or indirectly, from any misconduct or negligent act or omission of Dasie Hope, its officers, agents, servants, or employees in the operation of the Leased Premises, or otherwise in connection with this Lease. The Landlord shall not be liable for any 5 damage or injury which may be sustained by any party or persons in, at, on, or about the Leased Premises. 12. INSURANCE. Civic Club and Dasie Hope each shall carry the following insurance coverage and each shall furnish the Landlord with a certificate of such coverage: 12.1. Workers' Compensation Workers' Compensation shall be provided for all employees. Coverage shall be for the statutory limits in compliance with all state and federal laws. The policy shall include Employer's Liability with a limit of $100,000 per accident. 12.2 Commercial General Liability. Commercial general liability coverage shall be per occurrence Combined Single Limit for Bodily Injury and Property Damage including Premises and Operations. The minimum limit of liability insurance for the Leased Premises shall be $300,000.00. The policy shall be written by a carrier licensed to do business in Florida and have a rating of A VII or better per A.M. Best's Key Rating Guide, 12.3. Special Requirements Ten days prior to the commencement of operations, a certificate of insurance shall be provided to the Landlord's Risk Manager for review and approval. The certificate shall provide for the following: (a) Indian River County shall be named as an "Additional Insured" on the general liability policy; and (b) Indian River County will be given thirty (30) days' notice prior to cancellation or modification of any stipulated insurance. Such notice shall be in writing by certified mail, return receipt requested, and addressed to the Landlord's Risk Manager, 12.4. Right of Review. Landlord, by and through its Risk Management Department, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Lease. In such event, Landlord shall provide each of Civic Club and Dasie Hope with separate written notice of such adjusted limits and each of Civic Club and Dasie Hope shall comply within thirty (30) days of receipt thereof. The failure by either Civic Club or Dasie Hope to provide such additional coverage shall constitute a default by Civic Club or Dasie Hope, as the case may be, and shall be grounds for automatic termination of this Lease as to such defaulting party only. 13. RIGHT TO INSPECT. The Landlord may enter and inspect the Leased Premises at all reasonable hours to ensure the Leased Premises are being properly maintained and kept in good condition. 14. PROHIBITION ON ASSIGNMENT SUBLEASE OR ENCUMBRANCE. Neither Civic Club nor Dasie Hope shall, in any manner, assign, transfer, mortgage, pledge, encumber, or otherwise convey an interest in this Lease, or sublet the Leased Premises or any part thereof (any one of the foregoing events hereinafter referenced as an "Assignment"), without the prior written consent of the Landlord which consent may be granted, conditioned, or withheld at Landlord's sole discretion for any reason. Any such attempted Assignment without Landlord approval shall be null and void. 101 15 ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or litigation over the terms and conditions of this Lease, each party shall bear its own attorney's fees, costs, and expenses to resolve that dispute. 16. NOTICE. Any notices which are required, or which either party may desire to serve upon the other parties, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to the parties at: West Wabasso Progressive Civic Club, Inc. P.O. Box 786 Wabasso, Florida 32970 Dasie Bridgewater Hope Center, Inc. 8465 62nd Ave. 8466 Wabasso FL 32970 Such notices to Landlord shall be addressed as follows: Board of County Commissioners of Indian River County Attention: Cliff Crawford, Director, Department of Recreation 1840 25th Street Vero Beach, Florida 32960 These addresses may be changed by any party by providing written notification to the other parties. 17. TERMINATION OF 1986 LEASE. From and after the Effective Date of this Lease, the 1986 Lease shall have no further force and effect. 18. NON-DISCRIMINATION. Civic Club and Dasie Hope, as a part of the consideration for this Lease, do each hereby respectively covenant and agree that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use or operation of the Leased Premises, the Douglass School Cafeteria Building, or any of the programs or opportunities of Civic Club or Dasie Hope that are conducted in, on, or at the Leased Premises, on the basis of age, gender, disability, race, color, creed, national origin, religion, or ancestry. 19. _AUDIT REQUIREMENTS. Dasie Hope acknowledges and agrees that: (i) it is required to have an audit completed by an independent certified public accountant at the end of the Dasie Hope's fiscal year; (ii) a copy of such audit must be submitted to the Indian River County Office of Management and Budget within 120 days after the end of the it's fiscal year; (iii) if the Budget Office has any questions regarding a part of the financial statements, audit comments, or notes, a letter requesting clarification may be sent to Dasie Hope/Substance Abuse Council, and Dasie Hope shall timely respond, or cause a response to be made; and (iv) if Dasie Hope/Substance Abuse Council receives a qualified opinion from it's independent auditor, this will be reported to the Indian River 7 County Board of County Commissioners and Landlord reserves the right to declare this Lease to be in default as to Dasie Hope only, 20. TERMINATION BY LANDLORD FOR DEFAULT. Landlord shall have the right to terminate this Lease upon the occurrence of any of the following (each an "Event of Default"): 1) Loss of non-profit corporate status by either Civic Club or Dasie Hope; 2) Institution of proceedings in bankruptcy, by or against either Civic Club or Dasie Hope if such proceedings continue for a period of ninety (90) days and are not dismissed, or any assignment by either Civic Club or Dasie Hope for the benefit of creditors; 3) Abandonment by either Civic Club or Dasie Hope of the Leased Premises, or discontinuance of operations by either Civic Club or Dasie Hope at the Leased Premises for more than ten (10) consecutive days; 4) Default of, non-performance of, or other non-compliance with, any term, covenant or condition of any nature whatsoever under this Lease to be performed by Civic Club or Dasie Hope, either individually or jointly; provided, however, that a default by one party shall not be deemed to be a default by the other party ; or 5) Failure to pay when due any rent, or any other expense which could result in a lien being placed upon the Leased Premises. 20.1 Upon the occurrence of an Event of Default, the Landlord shall send a written notice to Civic Club and Dasie Hope, as the case may be, in the manner set forth in this Lease, setting forth the Event of Default in specific detail and the date this Lease shall terminate in the event the defaulting party does not cure the default. 20.2 Within thirty (30) days following receipt of a default notice, the defaulting party shall have cured the default to the reasonable satisfaction of Landlord. 20.3 In the event the defaulting party fails to cure the Event of Default within thirty (30) days, this Lease shall be deemed to be terminated with no further action by the Landlord, other than providing final written notice to the defaulting party that the Event of Default has not been cured and that the Lease is terminated, 21. TERMINATION BY CIVIC CLUB OR DASIE HOPE. Civic Club and Dasie Hope each shall have the right, upon providing thirty (30) days prior written notice to the Landlord in the manner set forth in this Lease, to terminate this Lease at any time after the occurrence of one or more of the following events: 1) Issuance by any court of competent jurisdiction of any injunction substantially restricting the use of the Leased Premises for the purposes of operating the programs of either the West Wabasso Progressive Civic Club, Inc. or the Dasie Bridgewater Hope Center, Inc., and such injunction remains in force for a period of more than sixty (60) calendar days; or 2) A breach by the Landlord of any of the terms, covenants or conditions contained in this Lease to be performed by the Landlord and the failure of the Landlord to remedy such breach for a period of thirty (30) calendar days after receipt of written notice thereof. 22. QUIET ENJOYMENT. If and so long as Civic Club and Dasie Hope perform all of their respective obligations under this Lease, Landlord covenants that Civic Club and Dasie Hope shall and may quietly hold and enjoy the Leased Premises, subject to any applicable laws, ordinances, and governmental regulations, and to any governmental actions, and to any taking under the power of eminent domain. 23. GOVERNING LAW. This Lease shall be governed by the laws of the State of Florida and any and all legal action instituted because of this Lease shall be instituted in Indian River County. 24. CUMULATIVE REMEDIES; NON -WAIVER. Each right, power and remedy of the Landlord, Civic Club, and Dasie Hope provided for in this Lease shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. Landlord's acceptance of rent does not waive any uncured delinquency or default by either Civic Club or Dasie Hope 25. ENTIRETY OF LEASE. This Lease incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Lease that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. 26. SEVERABILITY. If any term, covenant or provision of this Lease, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable for the remainder of this Lease, then 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 each and every other term and provision of this Lease shall be deemed valid and enforceable to the fullest extent permitted by law. 3 27, CAPTIONS. Captions in this Lease are included for convenience only and are not to be considered in any construction or interpretation of this Lease or any of its provisions. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF INDI RIVE R4CQLINNTY, FLO IDA By: 1�6n'n-eih R. Macht, Chairman BCC approval date: 09-23-2003 ATTESS� BY: �z Jeffrey K. Barton '— Clerk of Court Approved by: mes E. Cha r County Administrator Witnessed by: Signature: Printed name: teA Signature: i Printed name: Approve as to form and legal sufficiency: By: Marian E. Fell Assistant County Attorney West Wabass ogr ive Civi Club, Inc. By: 7 E ene Douglas, esident Dasie Brfdgewater Hope Center, Inc. By: Witnessed b : / Verna Wright, President Signature: '14 Printed name: In4ir Rive Co, AAgroved Signature: Admin. 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May 4,h, 2022 HEALTH Vision: To oe the Healthiest State in the Nation FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY Jason Brown Indian River County 1840 25th Street Vero Beach, FL 32960 Ron DeSantis Govemor RE: Addition of Satellite site to core contract— Florida Department of Health in Indian River County Dear Mr. Brown: Please find attached the Florida Department of Health in Indian River's (FDOH-IR) amendment to the core contract. Attachment 11, Part II and Attachment IV, adding Dasie Hope Center to the facilities used by FDOH-IR. The health department continues to reach all parts of the county for environmental health, communicable disease control, community health education, outreach, comprehensive school health programs in all county schools. and WIC and nutrition program. We greatly appreciate the county's ongoing support of our mission to promote, protect, and improve the health and safety of our residents. We excited for this expansion to bring public health services to the residents of Wabasso. The health department has been working in the community of Wabasso for decades through our PACE -EH projects. Please feel free to call me at 794-7450 if you need further information or have any questions. Thank you for considering our request. Sincerely, Miranda C. Swanson, M.P.H. County Health Department Administrator Enclosure Florida Department of Health in Indian River County 1900 2T^ Street, Vero Beach, FL 32960 IM Accredited Health Department PHONE: 772894-7400 Public Health Accreditation Boa WEBSITE: http:;Andianriver.foddahealth.gov FloridaHealth.gov Ron DeSantis Mission: To protect promote & improve the health Governor of all people in Florida through integrated state, county & community efforts.Joseph A. Ladapo, MD, PhD HEALTH State Surgeon General Vision: To be the Healthiest State in the Nation March 10, 2022 Jason Brown, Administrator Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 RE: FY 2021-2022 Contract between the Indian River Board of County Commissioners and the Department of Health for operation of the Indian River County Health Department Dear Mr. Brown As specified in paragraph 4, section d., of the above referenced contract, either party may increase or decrease funds to the contract upon written notification to the other party. Accordingly, please find enclosed the following: • An updated Attachment III — Civil Rights Compliance and Non -Discrimination Certificate. • Page 5 of the contract reflecting the Civil Rights Compliance and Non -Discrimination Certificate. • Revised Attachment II, Part il, incorporating the in-kind for the Dasie Hope Center based on current county rates per square footage. • Attachment IV — added Dasie Hope Center as facilities used by Indian River County Health Department. If you have any questions, please feel free to contact Mayur Rao, Florida Department of Health in Indian River County Health Department Business Manager at (772) 794-7464. Sincerely, Miranda C. Hawker, M.P.H. Health Officer Enclosures Cc: Demonica Connell, Office of Budget and Revenue Management Florida Department of Health In Indian River County 1900 27th Street, Vero Beach, Ft 32960 Accredited Health Department PHONE: 772/794-7400 = Public Health Accreditation Board WEBSITE: http:!(ndianiiver.flor;dahealth.gov 92 FloridaHealth.gov ATTACHMENT III TRAINING COUNTY HEALTH DEPARTMENT CIVIL RIGHTS COMPLIANCE AND NON-DISCRIMINATION CERTIFICATE 1. The CHD agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the Department. 2. The CHD assures that it will comply with the Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 3. Assurance of Civil Rights Compliance: The CHD hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C. 1661 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); Title II and Title III of the Americans with Disabilities Act (ADA) of 1990, as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189) and as implemented by Department of Justice regulations at 28 CFR Parts 35 and 36; Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency' (August 11, 2000); all provisions required by the implementing regulations of the U.S. Department of Agriculture (7 CFR Part 15 et seq.); and FNS directives and guidelines to the effect that no person shall, on the ground of race, color, national origin, age, sex, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which the agency receives Federal financial assistance from FNS; and hereby gives assurance that it will immediately take measures necessary to effectuate this agreement. By providing this assurance, the CHD agrees to compile data, maintain records and submit records and reports as required to permit effective enforcement of the nondiscrimination laws, and to permit Department personnel during normal working hours to review and copy such records, books and accounts, access such facilities, and interview such personnel as needed to ascertain compliance with the non-discrimination laws. If there are any violations of this assurance, the Department of Agriculture shall have the right to seek judicial enforcement of this assurance. This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance. This assurance is binding on the CHD, its successors, transferees, and assignees as long as it receives or retains possession of any assistance from the Department. The person or persons whose signatures appear below are authorized to sign this assurance on the behalf of the CHD. 4. Confidentiality of Data, Files, and Records: The CHD agrees to restrict the use and disclosure of confidential USDA, Women, Infant, and Children (WIC) applicant and participant information as specified in 7 CFR § 246.26(dK1 XI) in accordance with 7 CFR § 246.26(d)(1)(ii), as applicable, Attachment—Ii! - P-93 of 1 Systems shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this contract. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by County government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using County procedures pursuant to paragraph 6.b. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this contract. n. The CHD shall comply with the provisions contained in the Civil Rights Compliance and Non -Discrimination Certificate, hereby incorporated into this contract as Attachment III. ATTACIMENT II INDIAN RIVER COUNTY HEALTH DEPARTMENT Part II, Sources of Contributions to County Health Department October 1, 2021 to September 30, 2022 1. GENERAL REVENUE - STATE 015040 AIDS PATIENT CARE. 015040 CHD - TB COMMUNITY PROGRAM 015040 FAMILY PLANNING GENERAL REVENUE 015040 PRIMARY CARE PROGRAM 015040 RACIAL & ETHNIC DISPARITIES - CHD EXPENSES 015040 SCHOOL HEALTH SERVICES - GENERAL REVENUE 015050 CHD GENERAL REVENUE NON -CATEGORICAL GENERAL REVENUE TOTAL 2. NON GENERAL REVENUE - STATE 015010 ENVIRONMENTAL BIOMEDICAL WASTE PROGRAM NON GENERAL REVENUE TOTAL 3. FEDERAL FUNDS • STATE 007000 AIDS DRUG ASSISTANCE PROGRAM ADMIN HQ 007000 WIC BREASTFEEDING PEER COUNSELING PROG 007000 COASTAL BEACH WATER QUALITY MONITORING 007000 COMPREHENSIVE COMMUNITY CARDIO - PHBG 007000 STRENGTHENING STD PREVENTION AND CONTROL 007000 ELC COVID ENHANCED DETECCION EXPANSION GRANT 007000 EPID & LAB FOR INFECTIOUS DISEASE COVID-19 007000 ELC SCHOOL, HEALTH REOPENING GRANT 007000 FAMILY PLANNING TITLE X • GRANT 007000 HEALTH DISPARITIES GRANT COVID-19 007000 IMMUNIZATION & VACCINES CHILDREN COVID 19 RESPON 007000 INFANT MORTALITY 007000 IMMUNIZATION ACTION PLAN 007000 IICH SPEC PRJ SOCIAL DETERMINANTS HLTH COMM EDL' 007000 BASE COMMUNITY PREPAREDNESS CAPABILITY 007000 BASE PUB HLTH SURVEILLANCE & EPI INVESTIGATION 007000 AIDS PREVENTION 007000 RYAN WHPPE TITLE 11 GRANT/CHD CONSORTIUM 007000 WIC PROGRAM ADMINISTRATION 015075 SUPPLEMENTAL SCHOOL HEALTH 015076 SNAP ED • NUTRITION 015075 SNAP ED • OBESITY FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES • STATE 001020 CHD STATEWIDE ENVIRONMENTAL FEES 001092 ON SITE SEWAGE DISPOSAL PERMIT FEES 001092 CHD STATEWIDE ENVIRONMENTAL FEES 001206 ON SITE SEWAGE DISPOSAL PERMIT FEES 001206 SANITATION CERTIFICATES (FOOD INSPECTION) State CHD County Total CHD Trust Fund CHD Trust Fund Other (casb) Trust Fund (cash) Contribution Total 100,000 0 100,000 0 100,000 23,705 0 23,705 0 23,705 40,889 0 40,889 0 40,889 183,226 0 183,226 0. 183,226 55,000 0 55,000 0 55.000 136,867 0 136,867 0 136,867 1,508,076 0 1,508.076 0 1,508,076 2,047,763 0 2,047, 763 0 2,047,763 6,480 0 6,480 0 6,480 6,480 0 6,480 0 6,480 39,388 0 39,388 0 39,388 60,000 0 60,000 0 60,000 10,712 0 10,712 0 10,712 115,000 0 115,000 0 115,000 27,691 0 27,591 0 27,591 1,237,965 0 1,237,965 0 1,237,965 83,558 0 83,558 0 83.558 188,507 0 188,507 0 188.507 43,669 0 43,669 0 43,669 73,258 0 7%258 0 73.58 308,389 0 308,389 0 $08,389 14,776 0 14,776 0 14.776 36,000 0 35,000 0 35,000 23,113 0 23,113 0 23.113 90,205 0 90.205 0 90,205 76,974 0 76,974 0 76,974 56,262 0 56,262 0 56,262 90,000 0 90,000 0 90.000 486,059 0 486,059 0 486,059 150.068 0 150,068 0 150,068 37,907 0 37,907 0 37,907 37.907 0 37,907 0 37,907 3,286,308 0 3,286,308 0 3,286.308 141,947 0 141,947 0 141.947 386.640 0 386,640 0 386,640 4,228 0 4,228 0 4.228 12,264 0 12,264 0 12,264 2,164 0 2,164 o95 2.164 Attachment_II_PartII - Page I of 3 ATTACHMENT II 0 0 INDIAN RIVER COUNTY HEALTH DEPARTMENT 0 487,020 Part II, Sources of Contributions to County Health Department 487,020 October 1, 2021 to September 30, 2022 487,020 487,020 State CHD County Total CHD 0 Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution 001206 SEPT[C TA:NK RESEARCH SURCHARGE 7,142 0 7,142 0 001206 PUBLIC SWIMMING POOL PERMIT FEES- 10% HQ TRANSFER 6,339 0 6,339 0 001206 DRINKING WATER PROGRAM OPERATIONS 374 0 374 0 001206 REGULATION OF BODY PIERCING SALONS 30 0 30 0 001206 TANNING FACILITIES 190 0 190 0 001206 TATTO PROGRAM ENVIRONMENTAL HEALTH 1,070 0 1,070 0 001206 MOBILE HOME & RV PARK FEES 1,540 0 1,540 0 FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 563,928 0 563,928 0 S. OTHER CASH CONTRIBUTIONS - STATE: 0 0 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASH CONTRIBUTION TOTAL 6. MEDICAID - STATE/COUNTY: 001057 CHD CLINIC FEES 001148 CHD CLINIC FEES MEDICAID TOTAL 7, ALLOCABLE REVENUE •STATE: 001004 CHD STATEWIDE ENVIRONMENTAL FEES 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES ALLOCABLE REVENUE TOTAL S. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE ADAP PHARMACY DRUG PROGRAM WIC PROGRAM BUREAU OF PUBLIC HEALTH LABORATORIES IMMUNIZATIONS OTHER STATE CONTRIBUTIONS TOTAL 9. DIRECT LOCAL CONTRIBUTIONS - BCC/TAX DISTRICT 008005 HUMAN AND CHILDRENS SERVICES PROGRAX1 008005 CHD FEDERAL & LOCAL INDIRECT EARNINGS 008040 CHD LOCAL REVENUE & EXPENDITURES DIRECT COUNTY CONTRIBUTIONS TOTAL 10, FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION COUNTY 001077 CHD CLINIC FEES 001094 CHD LOCAL ENVIRONMENTAL FEES 001110 VITAL STATISTICS CERTIFIED RECORDS FEES AUTHORIZED BY COUNTY TOTAL 11. OTHER CASH AND LOCAL CONTRIBUTIONS • COUNTY 001029 CHD CLINIC FEES Total 7,142 6,339 374 30 1.90 1,070 1,540 563,928 0 0 0 0 0 487,020 0 487,020 0 487,020 487,020 0 487,020 0 487,020 0 8,380 8,380 0 8,380 0 41,149 4.1,149 0 41,149 0 49,529 49,529 0 49,529 4,200 0 4.200 0 4.200 10,00 0 10,000 0 10,000 14.200 0 14,200 0 14.200 0 0 0 51,468 51,468 0 0 0 350 350 0 0 0 1,542,956 1,542,956 0 0 0 18,135 18.135 0 0 0 51,666 51,666 0 0 0 1,664,575 1,664,575 0 76,680 76,680 0 76,680 0 14,061 111,061 0 14,061, 0 658,764 658,764 0 658.764 0 749,505 749,505 0 719,505 0 3,140 3,140 0 3,140 0 270,031 270,031 0 270,031 0 220,000 220,000 0 220,000 0 493,171 493,171 0 493.171 0 8,188 8,188 096 8.188 Attaehment_It_Part__II - Page 2 of 3 ATTACHMENT II INDIAN RIVER COUNTY HEALTH DEPARTMENT Part II, Sources of Contributions to County Health Department October 1, 2021 to September 30, 2022 001090 CHD CLINIC FEES 010300 MIGRANT LABOR HOUSING INSPECTION H -2A PROGRAM 010400 CHD SALE OF SERVICES IN OR OUTSIDE OF STATE GOVT 011000 REVENUE CONTRACTIMOA W/NO REPORTING REQUIREMENT 011001 CHD HEALTHY START COALITION CONTRACT 011001 HEALTHY START NURSE FAM PARTNERSHIP EXPAND CHD 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASK AND LOCAL. CONTRIBUTIONS TOTAL 12. ALLOCABLE REVENUE • COUNTY 001004 CHD STATEWIDE ENVIRONMENTAL FEES 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES COUNTY ALLOCABLE REVENUE TOTAL 13. BUILDINGS - COUNTY ANNUAL RENTAL EQUIVALENT VALUE OTHER (Specify) UTILITIES BUILDING MAINTENANCE DASIE HOPE ANNUAL RENTAL EQUIVALENT VALUE DAS1E HOPE UTILITIES DASIE HOPE BUILDINGMAINTENANCE OTHER (Specify) BUILDINGS TOTAL 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY EQUIPMENT / VEHICLE PURCHASES VEHICLE INSURANCE VEHICLE MAINTENANCE OTHER COUNTY CONTRIBUTION (SPECIFY) OTHER COUNTY CONTRIBUTION (SPECIFY) OTHER COUNTY CONTRIBUTIONS TOTAL GRAND TOTAL CHD PROGRAM State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 0 7,900 7,900 0 7,900 0 1,695 1,695 0 1,695 0 60 60 0 60 0 186,190 186,190 0 186,190 0 2,504 2,504 0 2,504 0 84,802 84,802 0 84,802 0 -282,616 -282,616 0 -282,616 0 8,723 8,723 0 8,723 0 4,200 4,200 0 4,200 0 10,000 10,000 0 10,000 0 14,200 14,200 0 14,200 0 0 0 455,938 455,938 0 0 0 0 0 0 0 0 153,560 153,560 0 0 0 82,068 82,068 0 0 0 69,450 69,4.50 0 0 0 23,391 23,391 0 0 0 12,501 12.501 0 0 0 0 0 0 0 0 796,908 796,908 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6,405,699 1,315,128 7,720,827 2,461,483 10,182,310 97 Attachment -11 -Part -11 - Page 3 of 3 E t $ all 2 �\ < 0 2 m� o E \ 0 u o � r � )f®f m _$ k c k§)§ r }�E \ 7 \ 0) 0) a ) 0 ƒ } { f 0) 0 « $ _ >, « \ ) ) / & �ƒ2 � ; o= §) \ j 3 / \ / -__ƒ m < zU. ag »■ B£ #> \ )§ \ § - o 0 o � 2N k } \ / oe k\ u ® {2& >In /> ®o k�7 ) i $ all 2 �\ < 134 Of Ce Of Attorney's Matters 5/10/2022 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners ATTORNEY FROM: Susan Prado, Assistant County Attorney DATE: May 4, 2022 SUBJECT: Authorization to proceed with foreclosure on Code enforcement cases: 2015080113 (99th Street) (Almanza, Pablo), 201712011 (Lime Street) (Almanza, Pablo), and 2021060045 (91St Street) (Gomez, Felipe and Elena) Pursuant to Florida Statute Section 162.09, the Code Enforcement Board must give the recommendation to start the foreclosure process. This recommendation was given at the last Code Enforcement Board hearing on April 25, 2022. Staff is now seeking this Board's final approval to move forward with filing foreclosure proceedings on the below listed properties and with working with outside counsel, Dill, Evans and Rhodeback. Case Number 2015080113 (13490 99th Street, Fellsmere, FL 32948) (Almanza, Pablo): This code enforcement action started in 2015 with a complaint regarding junk vehicles, junk, trash, and debris as well as a zoning district violation for storage of grove equipment, tractors and citrus bins. There was an evidentiary hearing on September 28, 2015 at which time the respondent was found in violation of the Indian River County Code of Ordinances (the "IRC Code"). The respondent was given a time frame to correct and one continuance. At a compliance hearing held on November 23, 2015, the Code Enforcement Board determined that the respondents did not bring the property into compliance and issued an order for a fine in the amount of $100.00 per day. The order is recorded at O.R. Book 2900 and Page 2451. The property was never brought into compliance and the fine continues to accrue. Case Number 2017120118 (305 S. Lime Street, Fellsmere, FL 32948) (Almanza, Pablo): This code enforcement action started in 2015 with a complaint regarding 99 Code Enforcement Foreclosures May 5, 2022 Page 12 overgrown weeds, junk vehicles, junk, trash, and debris. There was an evidentiary hearing on February 26, 2018 at which time the respondent was found in violation of IRC Code. The respondent was given a time frame to correct and one continuance. At a compliance hearing held on May 21, 2018, the Code Enforcement Board determined that the respondents did not bring the property into compliance and issued an order for a fine in the amount of $100.00 per day. The order is recorded at O.R. Book 3126 and Page 2331. The property was never brought into compliance and the fine continues to accrue. Case Number 2021060045 (12376 91st Street, Fellsmere, FL 32948) (Gomez, Felipe and Elena): This code enforcement action started in June 2021 with a complaint regarding storage of commercial vehicle and equipment in the A-1 zoning district. There was an evidentiary hearing on August 23, 2021 at which time the respondents were found in violation of the IRC Code. The respondents were given a time frame to correct and one continuance. At a compliance hearing held on October 25, 2021, the Code Enforcement Board determined that the respondents did not bring the property into compliance and issued an order for a fine in the amount of $100.00 per day. The order is recorded at O.R. Book 3485 and Page 1715. The property was never brought into compliance and the fine continues to accrue. Funding: Staff estimates outside counsel, filing fees, and costs for the foreclosures detailed above could cost approximately $7,000. Funding for these services is available in MSTU/Env. Planning/Legal Services, Account # 00420724-033110. This funding will be offset by any revenues received through the foreclosure process, after previous costs are recovered. Recommendation: Staff recommends the Board authorize staff to move forward with outside counsel in the filing of foreclosure on the above named code enforcement cases. Attachments: Orders imposing fines for case numbers 2015080113, 201712011, and 2021060045 100 5/3/22, 4:47 PM Landmark Web Official Records Search 3120210080641 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3485 PG: 1715,11/22/20219:26 AM CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY, FLORIDA IN THE MATTER OF: GOMEZ, FELIPE and ELENA 12376 91ST ST FELLSMERE, FL 32948 , Respondents CEB Case No. 202106004.5 ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on August 23, 2021, after due notice to the Respondents at which time the Board heard testimon> under oath and received evidence. The Board issued findings of fact, conclusions of law. and an oral order which was reduced to writing and furnished to the Respondentsto take corrective action by a certain time, as more specifically set forth in that order. On October 25, 2021, this Board conducted a compliance hearing to determine whether the Board's order of August 23, 2021, as amended by Order(s) Granting Extension, had been complied with. Respondent was provided proper notice of the compliance hearing, but did not attend the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist storage of commecial vehicles and equipment in the A -I Zoning District, which constitutes the use of the property in violation of Section(s) .04(2)(C) and 912.17(1) of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended, set forth a compliance date of October 11, 2021, and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENT(S) for each and every day the violation exists upon or adjacent to the following described property, situated in Indian River County, Florida, to wit: Location: 12376 91ST ST FELLSMERE Tax Parcel ID No. 31-37-00-00001-1748-0000 1.0 Legal Description: FELLSMERE FARMS CO SUB W 5 A OF TRACT 1748 PBS 2 - 1 & 2 beginning October 12, 2021. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. DONE AND ORDERED OCTOBER 25, 2021, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date, nunc pro tunc. 101 https://ori.indian-river.org/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# 1/2 5/3/22, 4:47 PM BK: 3485 PG: 1716 Landmark Web Official Records Search EXECUTED by the Chairman of the Indian River County Code Enforcement Board, and attested and countersigned by the Recording Secretary of such Board this day of 2021. ATTEST:A*,Q Lisa Plesnarski Recording Secretary CODE ENFORCEMENT BOARD OF INDA RIVER COUNTY, FLORIDA pfi Petrulak, Chairman an River County Code Enforcement . Board,.: r ` CERTIFICATE OF SERVICE 10 I HEREBY CERTIFY that a true copy of the foregoing Order Imposing Fine was provided to the above- named Respondent(s) by first class U.S. Mail addressed to the above-specified addresses this NSA day of N*44ft tC , 2021. REVIEWED AS TO LEGAL FORM: y a oard Advising Attomey CEB Case No. 2021060045 Code Officer: DAPHNE DRISKELL STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS ISA TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE, SECRETARY CODE ENFORCEMENT BOARD B .. +� DATE:"N*_ ,f 1S tZOaN Lisa Plesnarski, Recording Secretan +�\\1 F R CSG C0DF. � } `.RD Fl_ OE�tD . 102 https://ori.indian-river.org/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# 2/2 3/22/22, 4:12 PM Landmark Web Official Records Search 3120150076183 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2900 PG: 2451,12/28/20159:45 AM IN THE MATTER OF: ALMANZA,PABLO 12865 89TH STREET FELLSMERE, FL 32948 ASHER FATELLA (TENANT) 13490 99TH ST FELLSMERE, FL 32948 , Respondents CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY, FLORIDA CEB Case No. 2015080113 ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on September 28, 2105, after due notice to the Respondents, at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondents to take corrective action by a certain time, as more specifically set forth in that order. On November 23, 2015, this Board conducted a compliance hearing to determine whether the Board's order of September 28, 2015, as amended by an Order Granting Extension, had been complied with. Respondents were provided proper notice of the compliance hearing, but did not attend the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist commercial/agricultural vehicle storage, junk vehicles, and miscellaneous junk and debris in the A-1 Zoning District, which constitutes the use of the property in violation of Sections 973.03(2) and 911.04(2)(C), of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended, set forth a compliance date of November 20, 2015, and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY E"OSED AGAINST THE RESPONDENT(S) for each and every day the violation exists upon or adjacent to the following described property, situated in Indian River County, Florida, to wit: Location: 13490 99TH ST FELLSMERE Tax Parcel ID No. 31-37-00-00001-1359-00005.0 Legal Description: FELLSMERE FARMS COS SUB PBS 2-1&2 W 2.89 A OF TR 1359, LESS E 80 FT & LESS N 340 FT OF W 102.7 FT THEREOF beginning November 21, 2015. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department - of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. COUNTYATTORNEY'S OFFICE INDIAN RIVER COUNTY 1801 27th Street VOm Bach, Florida 32960 103 https://ori.indian-river.org/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 1/2 3/22/22, 4:12 PM BK: 2900 PG: 2352 Landmark Web Official Records Search DONE AND ORDERED November 23, 2015, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date, nunc pro tunc. EXECUTED by the Chairman of the Indian River County Code Enforcement Board, and attested and countersigned by the Recording Secretary of such Board this WA�\ day of QeCCMbf r , 2015. CODE ENFORCEMENT BOARD OF INDIAN RIVER -COUNTY) FLORIDf ATTES By: isa Carlson arl L. Zim rmann, airman ,.k)✓!J T y .x Recording Secretary Indian Ri r Coun ode Enforcement Bear& r�y 'A- r CERTIFICATE OF SERVICE 4i Q 02 ; I HEREBY CERTIFY that a true copy of the foregoing Order Imposing Fine was provided to the above- named Respondent(s) by first class U.S. Mail addressed to the above-specified addresses this Iat-hday of 2015. A \� (I Lisa Carlson, ecording Secret REVIEWED AS TO LEGAL FORM: f nifer D.P hke oard Adv' ng Attorney CEB Case No. 2015080113 Code Officer: BETTY DAVIS STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THS HSA TRUE AND CORRECT COPY OF TH ORIGINAL ON FILE IN THIS ORiCL SECRETARY a.;.,1.. 'Ly� r CODE ENFORC&AENT BOARD J4. i 1 �$ 1Z DAM- 0IS s '� I�� � � r �..� .��..:. t 104 https://ori.indian-river.org/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 2/2 3/22/22, 4:14 PM Landmark Web Official Records Search 3120180038300 RECORDED IN THE RECORDS OF JEFFREY R SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3126 PG: 2331, 6/22/2018 9:54 AM r CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY, FLORIDA IN THE MATTER OF: ALMANZA,PABLO 12865 89TH ST FELLSMERE, FL 32948 , Respondent CEB Case No. 2017120118 ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on February 26, 2018, after due notice to the Respondent, at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondent to take corrective action by a certain time, as more specifically set forth in that order. On May 21, 2018, this Board conducted a compliance hearing to determine whether the Board's order of February 26, 2018, as amended by an Order Granting Extension, had been complied with. - Respondent was provided proper notice of the compliance hearing, but did not attend the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist an accumulation of junk, trash and debris, overgrown weeds, and junk vehicles in the A-1 Zoning District, which constitutes the use of the property in violation of Sections 973.03(2), and 973.03(1), of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended, set forth a compliance date of May 18, 2018, and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENT(S) for each and every day the violation exists upon or adjacent to the following described property, situated in Indian River County, Florida, to wit: Location: 305 S LIME ST FELLSMERE Tax Parcel ID No. 31-37-00-00011-1938-00016.0 Legal Description: LOT 16, TRACT 1938, HOMEWOOD ADDITION SUB, PBS 2-15. beginning May 19, 2018. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. DONE AND ORDERED May 21, 2018, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date, nunc pro tunc. (� • COUNTYATTORNEY'S OFFICE INDIAN RIVER COUNTY 1801 27th Street Vero Beach, Florida 32460 105 https://ori.indian-river.org/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 1/2 3/22/22. 4:14 PM BK: 3126 PG: 2332 Landmark Web Official Records Search EXECUTED by the Chairman of the Indian River County Code Enforcement Board, and attested. and countersigned by the Recording Secretary of such Board this _Z day of J L( t1.P__ 2018. CODE ENFORCEMENT BOARD OF INDIAN RIVER COUNTY, FLORIDA I ATTEST: 4 U,V B , A -Y.., By: Lisa Carlson Frank M. Clements III,Nauman RecordingSecreta - Secretary Indian River County Code Enforcement Board.,:•'•. c;iN CERTIFICATE OF SERVICE '- �ijrj .'•r'..�." x4•, S I HEREBY CERTIFY that a true copy of the foregoing Order Imposing Fine was provided tr4e .e- 7na ed Respondent(s) by first class U.S. Mail addressed to the above-specified addresses this day of ,A V k— , 2018. + w `."_� Lisa Carlson, Recording Secretary REVIEWED AS TO LEGAL FORM: Edie E. Collins Board Advising Attorney CEB Case No. 2017120118 Code Officer: THOMAS ALLRED STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS ISA TRUE AND CORRECT COPY OF THE ORIGINAL ON RLE IN THIS OFFICE SECRETARY C ENFORC BOARD L � L Dt� BY: pp\� DATE. LQV ' C, Q, J r n ) 106 https://ori.indian-river.org/search/index?theme=.blue&section=searchCri'eriaName&quickSearchSelection=# 2/2 3Q Of Ce Of Attorney's Matters 05/10/2022 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney INDIAN RIVER COUNTY MEMORANDUM TO: The Board of County Commissioners ATTORNEY THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Susan J. Prado, Assistant County Attorney DATE: April 21, 2022 SUBJECT: Acquisition of Property for future Right -of -Way for Intersection Improvements—Cherry Lane Estates, Inc. of Vero Beach Cherry Lane Estates, Inc. of Vero Beach is the owner of the parcel of property at 5825 33rd Street, Vero Beach, FL, Vero Beach, Florida depicted on the aerial photo attached to this memorandum as Exhibit "A." The parcel is an irregular shaped parcel consisting of roughly 6.45 acres located on the southwest corner of the 58th Avenue and 33rd Street intersection. The parcel is zoned RS -3, single family residential up to three units per acre. The site is currently a vacant parcel with some oak trees. Construction plans call for the County to acquire the following from Cherry Lane Estates, Inc. of Vero Beach: • A 15 foot strip along the west side of 58th Avenue, plus an additional 25 foot by 25 foot corner clip adjacent to the southwest corner of 58th Avenue and 33rd street. The site area of the proposed right-of-way is approximately 0.226 acres in size. Please see the sketch and legal descriptions that depict this property interest attached to the Agreement to Purchase and Sell Real Estate, which is attached to this memorandum as Exhibit "B." The County's appraisal for the proposed acquisition was performed by Armfield & Wagner. The appraisal assigned the proposed acquisition a value of $14,000. The appraisal did not find any severance damages. 107 Cherry Lane Estates, Inc. of Vero Beach hired an attorney to represent them. Their attorney negotiated with Susan Prado on the sale of the piece of Right of Way. Staff and Cherry Lane Estates, Inc. of Vero Beach agreed on the terms of the Agreement for Purchase and Sale of Real Estate that is attached to this memorandum as Exhibit "B". The Agreement terms are: • The County will pay to Cherry Lane Estates, Inc. of Vero Beach $26,000 for right- of-way. • Reasonable attorney's fees of $2,500 The total settlement cost to the County is $28,500. By purchasing the Property in advance of filing a lawsuit, staff is attempting to save on expert witness fees incurred by both the County and Cherry Lane Estates, Inc. of Vero Beach. As noted in the past, expert witness fees for both parties often exceed $100,000 by the time the suit is filed and mediation is held. Pursuant to state statutes, the County is responsible for reasonable expert witness fees for Cherry Lane Estates, Inc. of Vero Beach. The County has incurred significant savings by not having to hire our trial witnesses (appraiser, engineer and land planner) and outside counsel. Cherry Lane Estates, Inc. of Vero Beach is represented by George Glenn Jr., of the Law Offices of Glenn & Glenn in Vero Beach. STAFF RECOMMENDATION: Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate for the Cherry Lane Estates, Inc. of Vero Beach property and authorize the Chairman to execute the document on behalf of the Board. FUNDING: Funding is budgeted and available for this expenditure in Traffic Impact Fees 2020/District I/ROW/ 58th Ave/33rd Street, Account # 10415141-066120-15002 Attachments: Exhibit "A" Aerial Photo Exhibit "B" Agreement to Purchase and Sell Real Estate with the sketch and legal description of right-of-way from the proposed acquisition. Copies to: George Glenn Jr., Esq. `T RIW LIN= {. RIGHT OF WAY UN RIGHT of WAY w' I i I I AI YfI I SOUTH UNE OF NORTHEAST 1/4 I SECTION 32-32-39 INa Point of Commencement EAST 1/4 CORNER SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST -- + SOUTH RIGHT OF WAY UNE -- S89'57'36'E-40.00' N44.51'S8'W-35. Point of Be innin INTERSECTION WEST RIGHT OF WAY ; UNE OF 58th AVENUE AND SOUTH - RIGHT OF WAY UNE 33rd STREET I �z-.w-s9-aomt-9o9o-all o pIFM1' LANE ESfAIE$ ING N 91E m& 57 ]Sd Ig — QRB. 61Q PO 1]91 *1 I �d m (NOT TO SCALE) N89'57'00'W-1 I RIOHT OF �� \ WAY UNE RIGHT OF WAY UNE 33rd StIvet $ I I SOUTH UNE OF NORTHWEST 1/4 I V SECTION 33-32-39 I.R.F.W.C.D. 0'13.40'W SUB—LATERAL 30.08' A-4 CANAL 89 'W --IJ.00' 2s5.00' RIGHT OF WAY UNE ++� 109 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND CHERRY LANE ESTATES, INC. OF VERO BEACH THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2022, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Cherry Lane Estates, Inc. of Vero Beach ("the Seller") who agree as follows: WHEREAS, Seller owns property located at 5825 33r0 Street, Vero Beach, FL, Vero Beach, Florida. An aerial photo of the Property is attached to this agreement as Exhibit "A", incorporated by reference herein; and WHEREAS, the County is planning future intersection improvements at 58th Avenue and 33rd Street and the intersection improvements will impact the Seller's property; and WHEREAS, in order for the County to proceed with its intersection improvement plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to the 58'h Avenue and 33rd Street intersection; and WHEREAS, the County contacted the Seller and offered to purchase a portion of the property, consisting of approximately 0.226 acres of property as depicted on Exhibit "B", and NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that parcel of real property located at 5825 33rd Street, Vero Beach, FL and more specifically described in the legal description attached as Exhibit "B", fee simple, containing 0.226 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $26,000.00 (Twenty -Six Thousand, and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 2.2 Attorneys Fees. The attorney's fees are excluded from the purchase price and come 110 to a grand total of $2,500.00 (Two Thousand and Five Hundred, 00/100 Dollars). This amount is reasonable attorney's fees which are to be paid by the County. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Should title defects exist within the time specified the County and Seller may reconvene to discuss the defects in title, and resolution shall be memorialized in writing and shall be deemed an amendment of this Agreement signed by both parties. Should these discussions not result in a resolution within fifteen (15) days from the date of notice to the Seller the County may agree to accept title subject to existing defects and proceed to closing. Should the discussions not result in a resolution within fifteen (15) days from the date of notice to the Seller and the County does not agree to accept title subject to existing defects the Seller or the County may by written notice to the other party terminate this Agreement, whereupon shall be of no further force and effect. Upon agreement of both parties the Curative Period may be extended for up to an additional 90 days. 4. Representations of the Seller. 4.1 Seller represents to the parties to have marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 111 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 6.3 Non -Ad Valorem. All non -ad valorem assessments for the current year must be deposited into escrow by the Seller at the time of closing. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 112 8. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Cherry Lane Estates, Inc. of Vero Beach 5855 33`d Street Vero Beach, FL 32966 If to County: Indian River County 1801 27th Street 4 113 Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 9.10 "Seller acknowledges receipt of the "Notice to Ove r" and understands his/her rights granted under Florida Law Chapters 73 and 74." 11 Initials 9.11 Should the water meter for 5855 33rd St. be located in the area oFpurchase, or be impacted by the county road project, the County will bear the burden and cost to relocate the meter to the east along the new right of way edge for 58th Ave. and to reconnect to landowner's existing pipe. 114 IN WITNESS WHEREOF, the Board has ratified this Agreement to Purchase and Sell Real Estate as of the date below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA In Peter D. O'Bryan, Chairman BCC Approved: Gary- D; Stanford bate —"`Director of Cherry Lane Estates, Inc. of Vero Beach Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency SusaA Pra Assistant County Attorney Approved: By Jason E. Brown County Administrator 115 EXHIBIT "A" 116 RMLINE SII \ �- 89'46'20'W IGHT OF RIGHT OF WAY NE 589'S7'36'E-40.00' RIGHT OF WAY UNE 25.00' WAY UNE L -� N44'51'58'W-35. RIGHT OF WAY 40' RIGHT OF�aC�E-- WAY UNE , INTERSECTION WEST RIGHT OF WAY 4C 33rd Strwt R I I , I SOUTH UNE OF NORTHEAST 1/4 I SOUTH UNE OF NORTHWEST 1/4 I _ _ _ } SECTION 32-32-39cud� s4SECTION 33-32-39 Iia Point of Commencement I I.R.F.W.CD. � i /4 CORNER SECTION 32.. x-500'0.08, ,�8-I„A�RAI, + � To 32 SOUTH. RANGE 39 EAST CANAL - - - -EAST �.3u•oaA-4 SOUTH RIGHT OF WAY UNE / \ �- 89'46'20'W RIGHT OF WAY NE 589'S7'36'E-40.00' 25.00' N44'51'58'W-35. Point of Be innin INTERSECTION WEST RIGHT OF WAY 4C UNE OF 58th AVENUE AND SOUTH --- i. - RIGHT OF WAY UNE 33rd STREET n n_ Doom-aoao-000m.o �--- amRr we Esr�iEs we 9R: 54 }yy STREET ' 0.R 4 314 P6 1)➢1 � e Z (NOT TO SCALE) ybi�� Imo' � 5§ wws� 7:3 r� 2W aS I �i I N89'57'00"W-15. w I 117 EXHIBIT "B" 118 SketCh and L Opal DOSCI-IPMOn fora INDIAN RIVER COUNTY Legal Description (Right of Way Acquisition) BEING A PARCEL OF LAND LYING IN THE SOUTHEAST ONE QUARTER OF SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST; SAID PARCEL ALSO BEING A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 578, PAGE 1291, AS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST ONE QUARTER CORNER OF SAID SECTION 32; THENCE SOUTH 00°13'40" WEST, ALONG THE EAST LINE OF SAID SOUTHEAST ONE QUARTER, A DISTANCE OF 30.08 FEET; THENCE DEPARTING SAID EAST LINE, NORTH 89'46'20" WEST, A DISTANCE OF 25.00 FEET TO THE POINT OF INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF 58th AVENUE AND THE SOUTH RIGHT OF WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT SUB -LATERAL A-4 CANAL, PER PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF St. LUCIE COUNTY (NOW INDIAN RIVER COUNTY) FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 00°13'40" WEST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 635.37 FEET TO THE SOUTH LINE OF THOSE LANDS AS DESCRIBED IN SAID OFFICIAL RECORD BOOK 578, PAGE 1291; THENCE DEPARTING SAID WEST LINE, AND ALONG SAID SOUTH LINE, NORTH 89°57'00" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 00°13'40" EAST (ALONG A LINE THAT IS 40.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 32) A DISTANCE OF 610.37 FEET; THENCE NORTH 44°51'58" WEST, A DISTANCE OF 35.30 FEET TO A POINT IN THE SOUTH RIGHT OF WAY LINE OF SAID INDIAN RIVER FARMS WATER CONTROL DISTRICT'S SUB -LATERAL A-4 CANAL; THENCE SOUTH 89°57'36" EAST, ALONG SAID LINE (SAID LINE BEING 30 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF NORTHEAST ONE QUARTER OF SAID SECTION 32) A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 9,843 SQUARE FEET (0.23 ACRES), MORE OR LESS Surveyor's Notes 1). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE SKETCH OF THE DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2). BEARINGS SHOWN HEREON ARE REFERENCED TO THE WEST LINE OF THE SOUTHWEST 1/4 SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, SAID LINE BEARS N00°13'40"E AND ALL OTHERS ARE RELATIVE THERETO. 3). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE, THERE MAY EXIST EASEMENTS, RESERVATIONS, RESTRICTIONS OR OTHER ENCUMBRANCES NOT SHOWN HEREON, BUT CAN BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. Leaend and Abbreviations INC = INCORPORATED I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC O.R.B.= OFFICIAL RECORD BOOK (P) = PLAT P.B.= PLAT BOOK PG = PAGE PBS = PLAT BOOK ST. LUCIE SQ. FT. = SQUARE FEET R = RADIUS RNV = RIGHT-OF-WAY This is not a Boundary Survey PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE: PURSUANT TO SECTION 472.027 FLORIDA STATE STAT ES. ---- DATE OF SIGNATURE DAVID W. S� RYVER PROFESSIONAL SURVE+R AND MAPPER FLORIDA CERTIFICATE NO. 4864 INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT./ENGINEERING DIV. :1,11512021 R. /NGLDTT SCALE: APPROVED BY: NIA D. SCH'RYVE"R SHEITOF 2 OB N0: 1356 SketC17 817d Lega/Description fol -7 INDIAN RIVER COUNTY (33id SM681� 119 Sketcb and L ega/ Description for. /ND/AN RI VER COUNTY RIGHT OF WAY LINE- RIGHT INE -RIGHT OF WAY LINE 40' I -- ------------ -I SOUTH LINE OF NORTHEAST 1/4 — SECTION 32-32-39 RIGHT OF WAY LINE RIGHT OT__ WAY LINE 33rd Street SOUTH LINE OF NORTHWEST 1/4 SECTION 33_32-39 a:V) Point of Commencement O � -jai" '0 1 z <a:& EAST 1/4 CORNER SECTION 32, 0013'40"W +0<a TOWNSHIP 32 SOUTH, RANGE 39 EAST 30.08' 25' SOUTH RIGHT OF WAY LINE �N89'46'20" S89'57'36"E-40.00' 25.00' N44'51'58"W-35.30' Point of Beginning INTERSECTION WEST RIGHT OF WAY LINE OF 58th AVENUE AND SOUTH RIGHT OF WAY LINE 33rd STREET 32-39-32-00001-0090-00001.0 CHERRY LANE ESTATES INC. SITE ADDRESS: 33rd STREET O.R.B. 578, PG 1291 (NOT TO SCALE) SOUTH PROPERTY LINE Leaend and Abbreviations N89'57'00"W-15 INC. = INCORPORATED I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC O.R.B.= OFFICIAL RECORD BOOK (P) = PLAT P.B.= PLAT BOOK PG = PAGE PBS = PLAT BOOK ST. LUCIE SQ. FT. = SQUARE FEET R = RADIUS R/W = RIGHT-OF-WAY INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: 3/15/2021 R. 1NGL£TT SCALE: N/A APPROVED D SCHRYVER SHEET: OF 2 � N0: 1356 f� M O W 25' I.R.F.W.C.D. SUB—LATERAL A-4 CANAL WAY LINE Iz 0) 0) I_j I I v Q N r7 W O r7 r� Z = --- --- OLJ O 0 U NF=L Ivivw N V) 0_ z Y w W U1 V) co Q w Lj C T 0W --- 0 Q o0Z 00 z z L0 J J I- I- I In In w 3 25' This is not a Boundary Survey PROVIDED IN ITS ENTIRETY CONSISTING CF 2 SHEETS '.. WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION Sketch and Legra/Description for- INDIAN ora /ND/ANRIVER COUNTY (33r0(Street) 120 /3�_ MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: April 22, 2022 SUBJECT: Calcutta Drive Docks BACKGROUND. 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. 121 Board of County Commissioners April 22, 2022 Page 2 The license agreements are recorded in the public records and each agreement contains the legal description of the dock/space location as well as the single-family residence that is associated with the dock. If the single-family residence is rented, the tenant is allowed to use the dock and the covenants in the license agreement are to be preserved in the lease. Additionally, no homeowner is allowed to rent the dock/space to third parties; and when the residence sells, the new owner has 90 days from the date of purchase to enter into a similar license agreement or the dock/space and any improvements revert back to the County and made available to the next qualifying person on the waiting list. Presently there are 20 docks/spaces along Calcutta Drive, and there are three different scenarios that presently exist with regard to these docks: grandfathered; indemnity certificate; and license agreement. Grandfathered: There are only 2 remaining docks that are grandfathered. No liability insurance is required, and no fees are collected with Grandfathered docks. When the property transfers, the County policy has been to have the new owners enter into a license agreement, thus we then have liability insurance, annual fees paid, and a much better public record of the dock and its association with the residence. Indemnity Certificate: There is 1 dock that has an indemnification certificate on file (and when the property transfers, the County policy has been to have the new owners enter into a license agreement). Nothing presently is required, except we have the owner's assurance that the County is indemnified. License Agreement: There are 17 docks with license agreements. Docks/spaces under license agreement are required to annually submit the following items: 1. $300,000 liability insurance naming the County as an additional insured (if a dock has been constructed) 2. $100.00 annual license fee plus the applicable sales tax There is a long waiting list of residents within the Country Club Pointe subdivision who desire a dock and who do not have their own riparian rights to canal frontage. The monitoring of these docks has proven to be a very time-consuming process and staff is constantly being challenged by several issues from the residents not timely paying, not having the proper insurance, not pulling permits when they repair their docks, disgruntled subdivision residents who complain about docks in disrepair in an attempt to obtain a dock for themselves; realtors who inquire about the docks; title companies and closing agents not giving timely notice of a scheduled closing. There has been strife in the Country Club Pointe subdivision about the policy of allowing the license agreements to transfer to the new purchaser of a home associated with a dock instead of having the dock go to the next person on the waiting list. Although a new transfer policy would open up opportunities to more residents within the Country Club Pointe subdivision, current property owners with docks may be upset, and potential have legal claims against the County, that they will no longer have the ability to make such transfers. 122 Board of County Commissioners April 22, 2022 Page 3 The County Attorney's Office does not recommend that the Board change the 30 plus year old transfer policy. However, the County Attorney's Office recommends that the Board increase the annual license fee from $100 to $2,000 per year, for any new license agreements. Additionally, the County Attorney's Office recommends implementing a one-time dock license transfer fee of $5,000. The County Attorney's Office and County staff diverts significant time to addressing the various issues pertaining to these docks. With these increased fees, the County Attorney's Office believes that the County could support additional resources to monitoring the payment of fees, submission of insurance, transfer of license agreements and maintenance of the docks. It is believed that a more rigorous program would also assist in opening up more opportunities to others in the Country Club Pointe subdivision. Additionally, the Public Works Department has requested that the license agreements be updated as follows: • 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. 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 that the Board increase the annual license fee from $100 to $2,000 per year, for any new license agreements. Additionally, the County Attorney's Office recommends implementing a one-time dock license transfer fee of $5,000. The County Attorney's Office further recommends that the license agreements be updated to include provisions relating to the removal of the docks, five-year inspections, and termination for unpermitted work. ATTACHMENT. Aerial of docks Sample of Current License Agreement 123 i �!R o 3w i �!R o LO FmMco �!R o 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 , 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 , 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 (Legal Description); 125 4. County agrees to allow Licensee to utilize said dock for personal recreational uses of themselves and/or the occupants of (Legal Description) 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 (Legal Description); 5. Licensee agrees to pay County $100.00 per year plus applicable sales tax commencing on , 2022 and each year thereafter for the exclusive right of Licensee and/or occupants of (Legal Description), 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 lab'ality coverage for leased dock at Riparian land as described in Book Page of the public records of Indian River County, Dock No._ ; 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 licensed and that this right shall be preserved in any rental agreement for (Legal Description). Licensee further agrees to correct any maintenance deficiencies, subject to 126 normal County building permit requirements, within thirty (30) days of notification of any such deficiencies identified by an annual inspection; 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 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 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 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. 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. 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; 14. This license agreement shall be recorded in the Public Records of Indian River County, Florida. 127 [Signatures to Follow on Next Page] 128 IN WITNESS WHEREOF, County and Licensee have caused this agreement to be Witnesses: Signature: _ Printed Name: Signature: _ Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER signed it their respective names. INDIAN RIVER COUNTY, FLORIDA Phillip J. Matson, AICP Community Development Director Authority: Resolution No. 1998-058 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 I personally known or - produced identification in the form of SEAL: NOTARY PUBLIC: Siqn: printed name: Commission No.: Commission Expiration: [Remainder of Page Intentionally Left Blank] 129 Witnesses: Signature: Printed Name: Signature: _ Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER OWNER: The foregoing instrument was acknowledged before me, by means of 11 physical presence or ❑ online notarization, this day of , 2022 by as Owner, who is personally known or i produced identification in the form of NOTARY PUBLIC: SEAL: Sign: Printed Name: Commission No.: Commission Expiration: 130 l3 S0. MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P. E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: May 3, 2022 SUBJECT: Settlement of Lease Interest for Parcel 127 Tenant Amanda Tongay d/b/a Empire Equine 7905 66th Avenue The following information is submitted for consideration by the Board of County Commissioners (Board) in approving the settlement for acquiring a lease hold and any other interests in property associated with the construction of 66th Avenue north between 69th and 85th Streets (hereinafter referred to as "Project"), in Indian River County. The limits of the overall Project are from the intersection of SR 60 to Barber Street in Sebastian. On July 6, 2021, the Board of County Commissioners approved the purchase of the fee simple interest in Parcel 127 from Frederick Lipfert located at 7905 66th Avenue. The property is a 12.24 - acre tract which lies on the west side of 66th Avenue. The property is zoned A-1, Agricultural, up to one unit per five acres. The County purchased a 1.07 -acre strip of right-of-way along the eastern boarder of the property. The oblong strip extends 455 feet along 66th Avenue beginning at a width of 126 feet at the south narrowing to 68 feet at the north end of the property. The property has a tenant, Empire Equine, owned by Amanda Tongay, who leases the property for her horse boarding business. The leased property is improved with a barn, riding ring, and pastures divided into five paddocks, however, no buildings lie in the part taken. There is a small residence on the property not included in the lease. Improvements to the property to be taken include fencing, shade trees, a driveway and a part of the eastern most pasture paddock. In the purchase agreement with Mr. Lipfert, the County agreed to replace the wood post and board fence along 66th Avenue. The County now needs to extinguish Ms. Tongay's lease hold interest on the property, but only on that portion that was purchased as right-of-way. According to eminent domain statutes, tenants are entitled to notice and the opportunity to present a claim for potential damages, including business damages, due to the acquisition of the portion of land subject to the lease. Ms. Tongay claims that she has operated her business, Empire Equine, for longer than 5 years. Eminent domain law requires a business owner to operate a business for a minimum of 5 years in order to make a business damage claim. She also claims that the loss of the acre of property will reduce the number of horses she can board at her facility, as almost an acre of pasture will be lost. Normally, the lease holder would hire an appraiser to determine the amount of loss of value sustained to the lease as a result of the take. Also, an accountant would be retained to evaluate the business damages due to the take. The County, under eminent domain law, is responsible for the lease holder's expert witness costs and fees, together with the County's own experts needed to evaluate and if necessary, rr-fto the lease holder's claims. Empire Equine was sent notice of the County's intent to acquire its leasehold interest on the part of the leasehold property comprising Parcel 127. Empire was also sent notice of its right to claim business damages to the businesses they operate on the properties. The County filed a lawsuit in Eminent Domain against Tongay/Empire on February 17, 2022. A hearing has been scheduled on May 26, 2022, to hear the County's Motion for the Order of Take. At the hearing, the County would bear the burden of proof to show the property is needed for the Project. The County is represented by Bill Doney, Esq., the County's outside counsel in this matter. Mickey Barkett of Barkett Law, P.A. now represents Ms. Tongay and Empire Equine. Through negotiations with outside counsel, Tongay/Empire have agreed to settle all claims for $15,000, inclusive of all expert fees, costs and attorney's fees. The County has also agreed to install a 24' wide driveway apron to accommodate ingress/egress of horse trailers. Settlement at this time will avoid the additional costs of our own experts testifying at the Necessity of Take hearing, payment of additional attorney's fees to outside counsel and eliminating the need for the County to hire an appraiser and accountant for future litigation. Settlement at this time will mean all property interests in Parcel 127 will be acquired in advance of the Florida Department of Transportation's June 1, 2022 deadline to certify acquisition of right-of-way for Phase II of the 66th Avenue Improvement Project. Since a law suit has been filed in this matter, the Parties will enter into a stipulated settlement agreement settling all claims available to Tongay/Empire and have it approved by the court. Should the Board choose to reject the settlement, the County will proceed to the Order of Take hearing. The parties will then attend a mediation conference in order to settle the issue of compensation. If the mediation is unsuccessful, the parties will proceed to a twelve (12) person jury trial and the jury will determine the amount of compensation to be paid to the lease holder. FUNDING: Funding in the amount of $15,000.00 for the acquisition is budgeted and available from Traffic Impact Fees/District I/ROW/66th Ave/69th Street — 85th Street, Account # 10215141-066120- 16009. RECOMMENDATION: Staff recommends that the Board approve the proposed settlement of all claims and costs of Amanda Tongay d/b/a Empire Equine in this law suit in the amount of $15,000 and authorize outside counsel to proceed with preparation and execution of the necessary court documents needed to settle the case and conclude the law suit. Attachments: Parcel 127 sketch and legal description 132 ` ! lI ooir> qV'l --- _._ -�% � --.�__E . � ._ . __-�--_..._ _ __PARCEL 1 W--�*E 0 S 100• GRAPHIC SCALE <r n 67.54'1 r^i� N S89'55'41"E _ W N Z 4 I 4 25'— co 5'co 30'55 M SECTION 31, TOWNSHIP 31 of c'j � SOUTH, RANGE 39 EAST p .. .. .... .... ..._.... _... ......_.. ._. .. .. ... .. ... p L`IJ VIN I/ Q a W m Cl PARCEL 127 C-0 U i 46,666 SQ.FT. cn� 1.07 ACRES m^� 31393100000700000009.0 ORB 780, PG 24 19 M z 0 o C, V O J N O �Z P.O�_B.\\\ N \a Lim N 89'52'55- W 125.78' v LATERAL 14E CANAL Doo w� 77th STREET CANAL R -14E S.E. CORNER SECTION 31 LINE TAB_E r LINE LENGTH BEARING L1 30.00 N89'27'06"W CURVE TABLE CURVE I LENGTH I RADIUS FLA:NGEN21 CHORD I BEARING DELTA Cl 1 460.11 13080.001 230.48 1 459.68 1 N07 -49.39"E 1 08'33'33 LEGEND SECTION UNE — — EASEMENT UNE PROPERTY UNE PROPOSED RIGHT OF WAY cora tort1ros that a /ego( Osscr/ptlon and sketch o/ the propsity shown horson — mods under my wpervlslan and that thl. lspof duscrlption and skstai moots the atandarda o/ procuc- sot firth by the F7arldo Board of ro/sa.lond Sur yc v and Moppra In Choptx &-17, fiorldo Adminlativtl". Cod., pursuant to SsotMa 472027, F7or Stotu ts; and that this drowlnp /s o tm. and ocaurots N. b.at o/ n -.y knaw+sdp. ord b.11.4 Subjsat ss and nototlons shown hsrsan. EG OEWEMR, P.SM. NO. 3179 DA 7E: JUL 2 4 2017 Not valld w/thout the a/pnoturs and th. orfp/nol ralasd saol of o F7crldo scvi 1��100' H�DATE 5}{EE't Tlub@pt " Dm Kim ey»>Horn LEGAL DESCRIPTION AND SKETCH OF D`D ° ' ""a ' PARCEL1271 OF2 ECD wn� sns� s vn �a4 dao w.o� n yaaw INDIAN RIVER COUNTY, FLORIDA w.rs.x.arr-nora.m, 133 PARCEL — — RIGHT OF WAY LINE PO.C. POINT OF COMMENCEMENT P..O.B. POINT OF BEGINNING R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK PG PAGE FDOT FLORIDA DEPARTMENT OF TRANSPORTATION SECT. SECTION cora tort1ros that a /ego( Osscr/ptlon and sketch o/ the propsity shown horson — mods under my wpervlslan and that thl. lspof duscrlption and skstai moots the atandarda o/ procuc- sot firth by the F7arldo Board of ro/sa.lond Sur yc v and Moppra In Choptx &-17, fiorldo Adminlativtl". Cod., pursuant to SsotMa 472027, F7or Stotu ts; and that this drowlnp /s o tm. and ocaurots N. b.at o/ n -.y knaw+sdp. ord b.11.4 Subjsat ss and nototlons shown hsrsan. EG OEWEMR, P.SM. NO. 3179 DA 7E: JUL 2 4 2017 Not valld w/thout the a/pnoturs and th. orfp/nol ralasd saol of o F7crldo scvi 1��100' H�DATE 5}{EE't Tlub@pt " Dm Kim ey»>Horn LEGAL DESCRIPTION AND SKETCH OF D`D ° ' ""a ' PARCEL1271 OF2 ECD wn� sns� s vn �a4 dao w.o� n yaaw INDIAN RIVER COUNTY, FLORIDA w.rs.x.arr-nora.m, 133 R F lj LEGAL DESCRIPTION RIGHT OF WAY PARCEL PA RCE! ALL THAT CERTAIN PIECE, PARCEL OR _TRACT—OF—LAND.. SI.T.UATE,._LYING. AND BEING A PORTION OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE, BEARING NORTH 00'32'54" EAST, ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 1,380.42 FEET TO A POINT: THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'27'06" WEST, A DISTANCE OF 30.00 FEET TO THE WEST RIGHT OF WAY LINE OF 66TH AVENUE AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE, BEARING NORTH 89'52'55" WEST, A DISTANCE OF 125.78 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 08'33'33 A CHORD LENGTH OF 459.68 FEET BEARING NORTH 07'49'39" EAST; THENCE. NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 460.11 FEET TO A POINT; THENCE, BEARING SOUTH 89'55'41" EAST, A DISTANCE OF 67.54 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 66TH AVENUE; THENCE. BEARING SOUTH 00'32'54" WEST, ALONG SAID WEST LINE, A DISTANCE OF 455.59 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 46,665 SQUARE FEET OR 1.07 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST UNE OF SECTION 31. SAID LINE BEARS NORTH 00'32'54" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. scxc ri Kim ey»>Horn H/DAo/,, LEGAL DESCRIPTION AND SKETCH OF F"`TM "av, PARCEL 127 2 OF 2 wcoeav vY ECD aN Li,1 siA6f, Rri[ fOo, WIo aewol n ]]Db INDIAN RIVER COUNTY, FLORIDA 134 158) 135 Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com A `2� �ORIO�' Solid Waste Disposal District Meeting Minutes - Draft Tuesday, March 15, 2022 Commission Chambers Board of Commissioners Peter O'Bryan, Chairman, District 4 Joseph H. Earman, Vice Chairman, District 3 Susan Adams, District 1 Joseph Flescher, District 2 Laura Moss, District 5 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Randi Wardlow, Deputy Clerk 135 Board of Commissioners SWDD Meeting Minutes - Draft 15. SPECIAL DISTRICTS AND BOARDS March 15, 2022 The Board of County Commissioners reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. B. Solid Waste Disposal District A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the Solid Waste Disposal District Meeting Minutes of December 14, 2021, January 11, 2022, and January 18, 2022, as written. The motion carried by the following vote: Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 15.6.1. 22-0168 Approval of Minutes Meeting of December 14, 2021 Recommended Action: Approve Attachments: 12142021 SWDD Draft Approved 153.2. 22-0170 Approval of Minutes Meeting of January 11, 2022 Recommended Action: Approve Attachments: 01112022 SWDD Draft Approved 15.6.3. 22-0228 Approval of Minutes Meeting January 18, 2022 Recommended Action: Approve Attachments: 01182022 SWDD Draft Approved 15.6.4. 22-0218 Residential Paper Shredding Event on April 9, 2022 Recommended Action: Solid Waste Disposal District staff recommends that the Board approve the Spring Residential Paper Shredding Event to be held on April 9, 2022 , and authorize the County Administrator to sign the Contract Memorandum of Understanding with Waste Management, Inc., of Florida Indian River County Florida 1 _"ge 1 Board of Commissioners SWDD Meeting Minutes - Draft Attachments: Staff Report Paper Shredding Event Flyer Contract Memorandum of Understanding with WM [Clerk's Note: This item was heard following Item S.E.] March 15, 2022 Sue Flak, Recycling Education and Marketing Coordinator, provided details of the April 9, 2022 Residential Paper Shredding Event in partnership with Waste Management and Southeast Secure Shredding. She anticipated at least 800 cars would be served at the event. Chairman O'Bryan received confirmation that Waste Management would pay the $7 -per -car fee so that there would be no cost to the public. The Chairman also recognized Waste Management Government Affairs Manager Deborah Perez for going above and beyond by helping Ms. Flak collect recyclable materials after a recent festival. A motion was made by Vice Chairman Earman, seconded by Commissioner Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 15.6.5. 22-0224 Authorization to Florida Power & Light to Convert Overhead Lines to Underground Lines on the Landfill Property Recommended action: Solid Waste Disposal District staff recommends that its Board approve the recommendations listed on the staff report Attachments: Staff Report FPL Invoice Underground Distribution Facilities Installation Agmt FPL Non -Exclusive Easement and Exhibits FPL Notification of FPL Facilities There was no discussion regarding this item. A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss Indian River County Florida l_rge 2 isa" 138 Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Solid Waste Disposal District Meeting Minutes - Draft Tuesday, April 5, 2022 Commission Chambers Board of Commissioners Peter O'Bryan, Chairman, District 4 Joseph H. Earman, Vice Chairman, District 3 Susan Adams, District 1 Joseph Flescher, District 2 Laura Moss, District 5 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Randi Wardlow, Deputy Clerk 138 Board of Commissioners SWDD Meeting Minutes - Draft 15. SPECIAL DISTRICTS AND BOARDS April 5, 2022 The Board of County Commissioners reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. B. Solid Waste Disposal District 15.8.1. 22-0274 Approval of SWDD Meeting Minutes of February 1, 2022 Recommended Action: Approve Attachments: 02012022 SWDD Draft A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan, to approve the Solid Waste Disposal District Meeting minutes of February 1, 2022 as written. The motion carried by the following vote: Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 153.2. 22-0258 Seventeenth Amendment to Republic Services Recommended Action: Solid Waste Disposal District staff recommends that its Board approve the Seventeenth Amendment to Republic Services landfill contract for the expansion of the landfill gas system; and authorize the Chairman to execute the Attachments: Staff Report Seventeenth Amendment to Republic Services There was no discussion regarding this item. A motion was made by Commissioner Flescher, seconded by Vice Chairman Earman, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 15.B.3. 22-0264 Procurement of a High Pressure Skid System Recommended Action: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Waive the requirement for bids to fabricate the high pressure skid system; b) Approve the agreement with Biogas Engineering to fabricate the high pressure skid system for a not -to -exceed cost of $789,000 and delivery in 35 weeks from notice to proceed; c) Authorize the Chairman to execute the same, after final terms and conditions have been approved by the County Attorney; and, d) Authorize payments as detailed in Section XI of the agreement Indian River County Floridal-"ge 1 Board of Commissioners SWDD Meeting Minutes - Draft Attachments: Staff Report KHA Evaluation Memo BGE Fabrication Agreement April 5, 2022 Managing Director of the Solid Waste Disposal District Himanshu Mehta provided information on the project in response to Commissioner Adams' request. Director Mehta described the upgrade to a high pressure gas control system which would be used in the leachate evaporation and renewable natural gas projects. A motion was made by Vice Chairman Earman, seconded by Commissioner Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 15.6.4. 22-0265 Final Pay to Geosyntec for Work Order No. 3 - Phase I Redevelopment for South Gifford Road Landfill Recommended Action: Solid Waste Disposal District staff recommends that its Board: a) Approve Geosyntec's final invoice amount of $19,809.66; and, b) Direct the funding of this project in a future Capital Improvement Element fund under the direction of the Parks and Recreation Department and Public Works Department Attachments: Staff Report Geosyntec Project Completion Report & Final Invoice There was no discussion regarding this item. A motion was made by Vice Chairman Earman, seconded by Commissioner Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss Indian River County Florida 1 40ye 2 15133 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: April 28, 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: Change Order No. 1 to Agreement with Biogas Engineering for a High Pressure Skid System Descriptions and Conditions: On April 5, 2022, the Solid Waste Disposal District (SWDD) approved the agreement with Biogas Engineering to fabricate the High -Pressure Skid (HPS) system for a not -to -exceed cost of $789,000. The objective of the HPS system is to send pressurized landfill gas (LFG) to both the Leachate Evaporation system, which will be constructed approximately % mile from the new HPS, and the Renewable Natural Gas (RNG) project by Nopetro Eco District, LLC (NED) that will be located approximately %: mile away on the neighboring Indian River EcoDistrict property. The original design plan was to send "wet" gas to the respective systems and use a series of gravity sumps to collect the moisture in the gas called condensate. A separate pneumatic air -line would be needed to pump the condensate into a separate liquid line back to one of the on-site lift stations. Although this conceptually worked, the 30% design was indicating that these gravity sumps and the corresponding lines would need to be constructed at a depth of 9 to 12 feet (ft.) below surface. Given the high water table of 3 to 6 ft. below surface, the construction cost of this segment of the project would be very expensive. After further discussion with BGE, a change in design to utilize a chiller to "dry" the gas would eliminate the gravity sump system along with the extra liquid and air -lines. Since the installation of the chiller would provide an equal benefit to the Evaporation project and the RNG project, staff was able to receive the attached letter of support from NED to reimburse SWDD 50% of the engineering, purchase and fabrication cost of the chiller upon construction commencement of their project. Staff requested the attached Change Order No. 1 from BGE to facilitate this change in direction. Analysis: BGE has provided Change Order No. 1 to provide equipment to dehydrate the LFG prior to it being sent into the pipeline. This change -order covers the cost of providing the necessary equipment to achieve this request, including the cost to engineer, size, and integrate this equipment into the HPS system. The design SWDD Agenda - Change Order No. 1 to Agreement with Biogas Engineering for a High Pressure Skid Page 1 141 System SWDD Item and equipment provided will dehydrate the LFG by cooling it so that condensate will not be generated in the pipeline. This change will allow the condensate sumps to be removed along the pipeline. In addition, NED has agreed to share in the 50% capital cost of the chiller system. As part of this agreement, NED has also recognized that it would be prudent for them to install a hydrogen sulfide (1-12S) removal system prior to the chiller, as it is best to do so when the LFG is at high temperature and contains moisture. Staff supports NED's request to have them install this on our property since the footprint of our HPS is going to be sized on a concrete pad that has space for both the chiller and the 1-12S removal system. Since any LFG going through the 1-12S removal system uses up the media within it, staff supports NED's request to proportionately share in the 0&M costs associated with the media. Any condensate generated on SWDD's property as a result of the chiller will be routed to one of our on-site lift stations and then ultimately treated in the Evaporation system. Upon approval of Change Order No. 1 for $292,570, the total authorization to BGE for the fabrication of the HPS system with the chiller is now $1,081,570. Funding: The landfill gas flare skid improvements are considered a "closure activity" and, as such, is funded from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements. Funding forthe landfill gas flare skid improvements in the amount of $1,081,570 is available in the SWDD/Accrued Closure — I, II & Infill account, number 411-239006, which is funded from SWDD assessments and user fees. Project Portion DESCRIPTION ACCOUNT AMOUNT Change Order SWDD/Accrued Closure — I, II & Infill 411-239006 $ 292,570 Original SWDD/Accrued Closure— I, II & Infill 411-239006 $ 789,000 Total $1,081,570 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve Change Order No. 1 with Biogas Engineering to include a chiller in the fabrication of the high-pressure skid system for a not -to - exceed cost of $292,570; and authorize the Chairman to execute the same, after approval by the County Attorney. Attachment: 1. BGE Change Order No. 1 2. Letter of Support from NED SWDD Agenda - Change Order No. 1 to Agreement with Biogas Engineering for a High Pressure Skid Page 2 jf4 System 71-1-11100AS NOINEERING 10 BOD Change - Add Dehydration to High Pressure Skid Design Contractor: BIOGAS ENGINEERING COR No.: CO#1 COR Originator: Ryan Rueve COR Date: 4/28/2022 Address: 2321 E. 28TH STREET, SIGNAL HILL, CA -90755 Poject #: USH2126.100 Email Address: rrueve@bioeasene.com PO: TBD Change Recommended by: Indian River County Description of Change/SOW Description: Biogas Engineering (BGE) was recently awarded by Indian River County (Client) to provide a high pressure blower skid. The amount awarded was $789,000 ($771,000 for equipment and $18,000 as an estimate for transportation). Client has since requested that BGE includes equipment to dehydrate the landfill gas (LFG) prior to it being sent into the pipeline. This change -order covers the cost of providing the necessary equipment to achieve this request, including the cost to engineer, size, and integrate this equipment into the high pressure blower skid. The design and equipment provided will dehydrate the LFG by cooling it so that condensate will not be generated in the pipeline. This change will allow the condensate sumps to be removed along the pipeline. Reason for Change: Client has changed the basis of design by requiring the gas to be dehydrated prior to being sent into the pipeline. Change Reqest Impact Cost Impact: ❑ No Change O Cost Increase ❑ Cost Decreasae Cost is Lump Sum of $292,570 and is additional to the original approved amount as mentioned above. The revised total will be $1,081,570 (including $18k estimate for shipping). Upon approval, BGE will invoice for 15% of the change order amount. The remaining payments will be included in the payment schedule that was provided for the high pressure blower skid. Schedule Impact: O No Change ❑ Delay ❑ No Delay Schedule impact is not anticipated at this time. unuacwr Request: t.ompany KevieW Recommendation: El Approve 0 Reject 0 Hok Authorized Signature: I Y/ Reviewer Signature: see signature block on following page Date Signed: April 8, 2022 Date Signed: Name Ryan Rueve Name: Title: Operations Manger Title: 143 BIOGAS ENGINEERING IE31 BOD Change - Add Dehydration to High Pressure Skid Design ATTEST: Jeffrey R. Smith, Clerk By: Deputy Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY: By: Dylan Reingold County Attorney INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT By: Peter D. O'Bryan, Chairman District Approved: APPROVED: By: Jason E. Brown County Administrator 144 N\ Nopetra April 29, 2022 Indian River Solid Waste Disposal District Attn: Himanshu Mehta 1325 74th Avenue SW Vero Beach, FL 32968 Dear Himanshu, HQ LOCATIONS iso SE 2nd Avenue, PHi Miami Miami, Florida 33131 Vero Beach St. Augustine T 30S•441.9059 Orlando Guadalajara F 305.441.9o85 Tallahassee Mexico City This correspondence serves to memorialize the terms of our agreement pursuant to our conversation on April 23, 2022. Specifically, we agreed to the following terms: Indian River County Solid Waste Disposal District ("SWDD") to issue Change Order No. 1 to Biogas Engineering ("BGE") dated April 28, 2022 ("Change Order No. 1"), the scope of which will be as follows: BGE will provide engineering and installation services to install a chiller to the current High Pressure Skid Design proposed by BGE pursuant to the proposal that was approved by the Indian River County Board Commission on April 5, 2022. The High -Pressure Skid Design project is intended to benefit SWDD and Nopetro Eco District, LLC ("NED") in order to provide dry landfill gas to both the leachate evaporation project and the renewable natural gas ("RNG") project. a. BGE's current proposal for the High -Pressure Skid Design is $789,000. Change Order No. 1 will increase the proposal by $292,570. As such, the total cost for BGE to engineer and install the High -Pressure Skid Design will be $1,081,570. 2. NED will contribute 50% of the Change Order No. 1 cost. NED will issue a payment to SWDD in the amount of $146,285 once NED commences physical construction of the RNG Processing Plant. 3. NED requires an H2S removal system to be installed on SWDD property and located in front of the chiller. SWDD agrees to build the foundation and pad where the H2S removal system and chiller will be installed. NED will engage a qualified firm for engineering and installation services for the H2S removal system. 4. NED is responsible for the overall operation and maintenance ("O&M") physical labor and costs associated with the H2S removal system. However, SWDD will contribute the O&M cost associated with the H2S removal system proportionate to the landfill gas that is directed to the leachate evaporation plant. 145 NoP etro HQ LOCATIONS 15o SE 2nd Avenue, PHi Miami Miami, Florida 33131 Vero Beach St. Augustine T 305.441.9059 Orlando Guadalajara F 305.441-9085 Tallahassee Mexico City 5. NED will be responsible for the physical labor related to the 0&M of the chiller. SWDD will be responsible for the 0&M costs associated with the chiller and for the handling of the additional condensate that is generated on the SWDD property by the chiller. We look forward to continuing to successfully progress on this RNG project together to benefit Indian River County and its residents. Best regards, Jorge Herrera 146