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HomeMy WebLinkAbout01/31/2023ORIV BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JANUARY 31, 2023 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Joseph H. Earman, District 3, Chairman Michael C. Zito, Interim County Administrator Susan Adams, District 1, Vice Chairman Dylan Reingold, County Attorney Joseph Flescher, District 2 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Deryl Loar, District 4 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 Dr. Anna V. Copeland, Community Church of Vero Beach 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Sandra M. Gebert on Her Retirement From the Indian River County Board of County Commissioners Department of General Services, Library Services Division Attachments: Proclamation 5.B. Presentation of Proclamation Honoring Patrick White on his Retirement from the Indian River County Sheriffs Office Attachments: Proclamation January 31, 2023 Page 1 of 7 5.C. Presentation of Proclamation Recognizing the Education Foundation of Indian River County Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of November 15, 2022 Attachments: 11152022 BCC Draft 6.B. Regular Meeting of November 22, 2022 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Attachments: Commissioner's Memorandum Award Announcement & Press Release 7.B. State Housing Initiatives Partnership (SHIP) Program Loans and SHARP (American Rescue Plan) Grants Approved on January 24, 2023, by Local Housing Assistance Loan Review Committee Attachments: Commissioner's Memorandum 7.C. 1 st Quarter FY 2022/2023 Budget Report Attachments: Staff Report 1st Quarter Budget Report 7.D. Appointment of Katie Mieras to the Children's Services Advisory Committee Representing District 3 Attachments: Commissioner's Memorandum Mieras Application & Resume 7.E. Florida Public Service Commission Consummating Order PSC -2023 -0043 -CO -EI, issued on December 21, 2022, this Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. Attachments: PSC -2023 -0043 -CO -EI 8. CONSENT AGENDA 8.A. Agreement with Meeks Plumbing for North County and West Wabasso Septic to Sewer Private Side Connections Attachments: Staff Report Agreement January 31, 2023 Page 2 of 7 8.B. First Extension to Agreements for Temporary Staffing Services Attachments: Staff Report First Extension - Altrian First Extension - AUE Staffing First Extension - Blue Arbor First Extension - LFI 8.C. Award of RFP 2023004 for Housing Program Inspection Services Attachments: Staff Report Agreement 8.D. Second Extension and Amendment to the Agreement for Operations of the Biosolids Dewatering Facility, Sludge Dewatering, and Hauling Attachments: Staff Report Second Extension and Amendment 8.E. Workers Compensation Settlement; Justin House Attachments: Staff Report -- Workers Comp 8.F. First Renewal of Sublease Agreement with the Senior Resource Association for the Main Transit Hub Attachments: Staff Report First Renewal Sublease 2017 8.G. First Amendment to Aircraft Rescue and Firefighting (ARFF) Agreement Attachments: Staff Report First Amendment Draft 8.H. Appointment of Chairman to Children's Services Advisory Committee Attachments: Staff Report 8.I. Work Order Number 2, Amendment No. 1 - Continuing Engineering Services RFQ 2018008 - Renewal and Amendment No 1. Fran B. Adams North County Regional Park (Playground and Soccer Complex Area) Attachments: Staff Report Amendment 1 8.1 Template Emergency Beach Access Agreement Attachments: Staff Report Template Emergency Beach Access Agreement January 31, 2023 Page 3 of 7 8.K. Jackie Robinson Training Complex Ticket Office Renovations Change Order No. 1 and Release of Retainage (IRC -2020) Attachments: Staff Report Change Order No. 1 8.L. Sector 5 Beach and Dune Restoration Project (IRC1923) APTIM, Work Order No. 2018029-11, Year 3 Post -Construction Environmental Monitoring Attachments: Staff Report APTIM Work Order No. 2018029-11 Work Order No 2018029-11 Agreement 8.M. Resolution Cancelling Taxes Attachments: Staff Report Resolution Cancelling Taxes Warranty Deed 8.N. General Obligation Bond Resolution Attachments: Staff Report Bond Resolution 8.0. Amendment 1 to Work Order No. 51 - Kimley-Horn and Associates, Inc., Aviation Boulevard Extension - Alternative Alignment Study (IRC -1761) Attachments: Staff Report Amendment 1 to Work Order 51 8.P. Utility Work By Highway Contractor Agreement with FDOT for the Adjustment of Utility Valves for the SR -60 Resurfacing from West of CR -512 to West of 94th Drive Attachments: Staff Report FDOT - Utility Work Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Miscellaneous Budget Amendment 02 Attachments: Staff Report Public Hearing Advertisement 2022 2023 Resolution Exhibit "A" B. PUBLIC DISCUSSION ITEMS January 31, 2023 Page 4 of 7 10.B.1. Request to Speak from Susan Mehiel, Alliance for Safe Trains re: Brightline Update Attachments: Public Discussion Request S.Mehiel 10.B.2. Request to Speak from George Colon, Advocate re: Fentanyl Awareness Attachments: Public Discussion Request G. Colon 10.B.3. Request to Speak from Joann McGrath re: Safety & Protection of Gopher Tortoises in IRC Attachments: Public Discussion Request J.McGrath C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing for February 7, 2023, to Consider an Ordinance Concerning a County Administrator Residency Requirement Attachments: Staff Report 10.C.2. Public Notice of Public Hearing for February 7, 2023, for Ordinance Amending Section 100.03 "Amendment or Repeal of Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River County, Codifying and Publishing the Ordinances to Readopt the Code up to and Including Supplement 144 Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. Appointment of District 19 Medical Examiner Attachments: Staff Report - Medical Examiner Memo - State Medical Examiners Commission 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 12.C.1. Consideration for Adopt -A -Park Program Attachments: Staff Report Adopt a Park resolution Adopt -A -Park Agreement Adopt -A -Park Program AM 1000.9 D. Human Resources E. Information Technology January 31, 2023 Page 5 of 7 12.E.1. Information Technology Policy Additions to the Administrative Policy Manual Attachments: Staff Report F. Office of Management and Budget G. Public Works 12.G.1. Change Order No. 3 66th Avenue Roadway Widening (49th Street to 69th Street), Construction of 53rd Street Signalized Intersection, IRC -1505 Attachments: Staff Report Change Order No.3 12.G.2. Request for Stormwater Summer Camp 2023 Attachments: Staff Report H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. City of Sebastian - Graves Brothers Annexation Update Attachments: Staff Report Draft Annexation Agreement County Comments on Draft Agreement 13.B. 2023 Committees Vacancies and Appointments Attachments: Staff Report Vacancy List 14. COMMISSIONERS MATTERS A. Commissioner Joseph H. Earman, Chairman 14.A.1. Proposed Cover Letter and Revised Beach Renourishment Project Easement Attachments: Commissioner's Memorandum Cover Letter & Revised Easement B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of SWDD Meeting Minutes of November 15, 2022 January 31, 2023 Page 6 of 7 15.B.2. Approval of SWDD Meeting Minutes of November 22, 2022 15.B.3. Amendment No. 1 to Agreement between SWDD and KCI for Franchise Collection Procurement Assistance Attachments: Staff Report Amendment No 1 to Agreement with SWDD and KCI 15.B.4. Nineteenth Amendment to Republic Services Attachments: Staff Report Nineteenth Amendment to Republic Services SCS Field Services Proposal C. Environmental Control Board 16. ADJOURNMENT 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. January 31, 2023 Page 7 of 7 �54 Proclamation HONORING SANDRA M. GEBERT ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES, LIBRARY SERVICES DIVISION Whereas, Sandra M. Gebert retired from Indian River County Library Services Division effective January 25, 2023; and Whereas, Sandra M. Gebert began her career with Indian River County on June 10, 2002, as a Librarian I and remained in that position until her retirement; and -Whereas, Sandra M. Gebert has served this County and Public with distinction and selflessness, providing patrons with valuable information and help they were seeking during her almost twenty-one (21) year career at the Indian River County Main Library; her work was appreciated by her employer, citizens, and co-workers alike; and Wow, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Ftorufa, that the Board applauds Sandra M. Gebert's efforts on behalf of the County, and wishes to express their appreciation for the dedicated service she has given to Indian River County; and Be It Further Proclaimed that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 31St day of January, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman 1 Proclamation HONORING PATRICK WHITE ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY SHERIFF'S OFFICE -Whereas, Captain Patrick White is retiring from the Indian River County Sheriff's Office effective February 10, 2023; and Whereas, Patrick began his law enforcement career in 1997 and has served with distinction for twenty-six years; and -Whereas, over his tenure, Patrick has served in many capacities, including deputy and K-9 deputy, as well as a supervisor in the ranks of sergeant, lieutenant, and captain; and -Whereas, Patrick received many commendations for his efforts during his stellar career, including the Exceptional Duty Award, Honorable Service award, Medal of Honor, Combat Cross, and Law Enforcement Deputy of the Year; and -Whereas, Patrick has worked diligently under four sheriffs to protect and serve the public and citizens of Indian River County and the State of Florida; and -Whereas, Patrick's vast knowledge and extraordinary leadership have been greatly appreciated by Sheriff Flowers and those who have had the honor of serving with him. Wow, therefore, be it proclaimed dy the Board of County Commissioners of Indian River County, ,Florida, that the Board applauds the weighty contributions Captain Patrick White has made to the citizenry of Indian River County over his highly successful law enforcement career, and wishes him a happy and prosperous retirement. Adopted this 31 st day of January, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss 2 Proclamation RECOGNIZING THE EDUCATION FOUNDATION OF INDIAN RIVER COUNTY Whereas, the Education Foundation of Indian River County is a 501c(3) organization that supports school programs and services that increase educational outcomes for K-12 students, providing funding where it is otherwise limited and focusing on four main programs; and Whereas, the Education Foundation's High Impact Grants program allows teachers to submit a "Letter of Idea" application that aligns with the SDIRC Strategic Plan and promotes academic achievement and student motivation, with measurable outcomes; and Whereas, the Regional Science and Engineering Fair was created in 1992 to enable all local pupils to use their imaginations and explore their academic potential, competing against other students in the county and state to win awards and scholarships based on their efforts; and Whereas, the Keeping the Promise program supports teacher recruitment and retention by providing relocation cost reimbursement for new educators in the district, including moving expenses, storage fees, utility deposits, and security deposits; and Whereas, the STEP into Kindergarten program provides a summer session for incoming kindergarten students attending Title 1 schools in the fall, directly advancing Kindergarten readiness rates by preparing children for success in pre -reading, math, and social/emotional skills, and allowing a smooth transition into the learning environment. Now, l erefore, be it Proclaimed by the Board of County Commissioners of Indian River County, FCorida, that the Board hereby recognizes the Education Foundation for their significant accomplishments in elevating public education throughout our county and thereby expanding economic, political, and social opportunities for all; reducing unemployment, crime, and dependence on public assistance programs; raising tax revenue; and improving public health and civic engagement. Adopted this 31st day of January, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairperson Joseph E. Flescher Deryl Loar Laura Moss 3 �VER�O Indian River County Florida Indian River County G� 7 Administration Complex 1801 27th Street, Building A * �ORl9Q' * Draft Meeting Minutes Vero Beach, Florida, 32960-3388 Board of County Commissioners www.ircgov.com Tuesday, November 15, 2022 1. CALL TO ORDER 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 9:00 AM Present: 5 - Chairman Peter O'Bryan Vice Chairman Joe Earman Commissioner Susan Adams Commissioner Joseph Flescher Commissioner Laura Moss Commission Chambers 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Chaplain Lou Tropf, IRC Jail 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Moved: Item 5.A. to be heard following Item 153.2. A motion was made by Commissioner Flescher, seconded by Vice Chairman Earman, to approve the Agenda as amended. The motion carried by the following vote: Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 5. PROCLAMATIONS and PRESENTATIONS S.A. Presentation of Proclamation Honoring Peter D. O'Bryan, Commissioner of District Four, on the Occasion of His Retirement (Clerk's Note: This item was heard following Item 15.B. 2) Indian River County Florida ohge 1 Board of County Commissioners Draft Meeting Minutes November 15, 2022 Chairman O'Bryan turned over the meeting to Vice Chairman Earman. Before the reading of the Proclamation, Deputy Attorney Bill Debraal, along with County Attorney Dylan Reingold, congratulated Chairman O'Bryan on his retirement and appreciated his approach on eminent domain called the "O'Bryan Rule" that made the process go smoothly; they hoped the tradition would continue. Vice Chairman Earman read the first Proclamation regarding the establishment of the "O'Bryan Rule". The following individuals congratulated Chairman O'Bryan and for a job well done in making Indian River County a better place to live: Mr. Joseph Paladin, Ms. Penny Chandler, Ms. Helene Caseltine, Mr. Thomas Lanahan, former County Attorney Mr. Alan Polackwich, Fellsmere City Manager Mark D. Mathes, Property Appraiser Wesley S. Davis, Supervisor of Elections Leslie Swan, Clerk of the Circuit Court and Comptroller Jeffrey R. Smith, City of Sebastian Mayor Fred Jones, Commissioner Elect and former Sheriff Deryl Loar, Mr. Michael Kint, Lisa Kahle, and Judge Nicole Menz. Following the speakers, a video presentation of staff and those who could not attend today's meeting sending Chairman O'Bryan their heartfelt wishes on his retirement was shown. Each member of the Board, County Administrator Jason Brown, and County Attorney Reingold read the Proclamation to District 4 Commissioner Peter D. O'Bryan on his retirement and for 16 years of service to the citizens of Indian River County. His fellow Commissioners, County Administrator Brown, and County Attorney Reingold spoke of his leadership, accomplishments, dedication, courage, and the impact he has had on Indian River County before presenting him with a commemorative compass to show their appreciation. Chairman O'Bryan stated he felt very humbled and spoke of his time in office. In addition, he recognized and thanked his fellow Commissioners, County and Constitutional staff, the citizens of Indian River County, and numerous others including his wife, Susan. Presented by each Board Member 53. Presentation of Proclamation Honoring Joseph Karman on his Retirement from the Indian River County Sheriffs Office A Proclamation was presented to Joseph Karman for 31 years of service to the citizens of Indian River County. He was joined by family and given a promotion to Sergeant by Sheriff Eric Flowers. Presented by Chairman O'Bryan Indian River County Florida !Pge 2 Board of County Commissioners Draft Meeting Minutes November 15, 2022 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Recognizing November 17, 2022 As World Prematurity Day No Action Taken or Required 7.B. Sebastian River Improvement District Fiscal Year 2022/2023 Regular Meeting Schedule, a copy is on file with the Clerk to the Board Office. No Action Taken or Required 8. CONSENT AGENDA A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan, to approve the Consent Agenda as presented. The motion carried by the following vote: Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 8.A. Checks and Electronic Payments October 14, 2022 to October 20, 2022 Approved 83. Checks and Electronic Payments October 7, 2022 to October 13, 2022 Approved 8.C. Checks and Electronic Payments September 30, 2022 to October 6, 2022 Approved 8.D. Checks and Electronic Payments October 21, 2022 to October 27, 2022 Approved 8.E. Checks and Electronic Payments October 28, 2022 to November 3, 2022 Approved 8.F. Final Ranking of Firms and Award of RFP 2023003 for 2024 EAR Amendment and MPP Upgrade Approved staffs recommendation 8.13. Utility Work By Highway Contractor Agreement with FDOT for the Extension and Relocation Services of Utility Main Lines for the Interchange at I-95 and Oslo Road Approved staff's recommendation Indian River County Florida (yge 3 Board of County Commissioners Draft Meeting Minutes November 15, 2022 8.H. 2023 Oblique Aerial Imagery Contract Approved staffs recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. IRC Tax Collector Annual Report Indian River County Tax Collector Carole Jean Jordan thanked Chairman O'Bryan for his service to the County and for the magnificent job he has done serving as County Commissioner. She also thanked County Administrator Jason Brown for his service to the County and for being a great County Administrator and Rich Szpyrka for always coming to the aid of the Tax Collector's Office especially with the current office renovations. Ms. Jordan went over a list of improvements by the Tax Collector's Office: installation of a new customer service system for appointments, new dealer locker delivery and pick-up systems, a new learning management system to track employee training and create in house training modules for new hires, elimination of physical fax machines and switched over to eFax software, implementation of Grant Street electronic insurance module which would allow an individual to renew their registration online when insurance was required, increase in starting pay to $15.00 per hour for Customer Service Representatives, and early collection of the 2021 Tax Roll on the 26th of October allowed the Tax Collector's Office to send money to the taxing districts. Two customer service stations were added to the Beach Office location and seven customer service stations at the Main Office location, with hopes in the near future to open up a office location in Fellsmere. She concluded with Specialty license plate request fillable forms and purchase portals were added to the Tax Collector's online payment website. Ms. Jordan thanked her staff and recognized Jordan Abbey, Brad Newman, Eder Morales, Dan Baker, Danny McCormick, Ryan Kasten, and Adria Espich. Ms. Jordan presented a check for $2,221,710.19 and received thanks from the Board. A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to accept the Annual Fiscal Report for the Tax Collector's Office for the Year Ended September 30, 2022. The motion carried by the following vote: Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 9.B. IRC Property Appraiser Annual Report Indian River County Property Appraiser Wesley Davis announced a return of $205,748.50 to the taxpayers and credited his staff for getting the tax roll submitted Indian River County Florida f?ge 4 Board of County Commissioners Draft Meeting Minutes November 15, 2022 on-time, accurately, and under budget. He also credited investments in technology which allowed staff to process information more expediently. He highlighted the measures taken in cyber security and working closely with the Clerk of the Circuit Court to initiate the software called Just Appraised, an artificial intelligence that transfers the information from a deed to the property record information on the Property Appraiser's website. A motion was made by Commissioner Adams, seconded by Vice Chairman Earman, to accept the Annual Fiscal Report for the Property Appraiser's Office for the Year Ended September 30, 2022. The motion carried by the following vote: Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 9.C. IRC Sheriff Annual Report Indian River County Sheriff Eric Flowers came before the Board respectfully requesting for the General Fund, the amount of $470,916.37 be returned as a Fiscal Year (FY) Budget Amendment in order to cover outstanding purchase orders delayed due to supply chain demands, and for the Law Enforcement Trust Fund, the amount of $112,141.40 be returned to cover the ordered items approved at the August 16, 2022 Board Meeting. He added the remaining amount of $3,697.60 would go back into the County's Fund 112. A motion was made by Commissioner Adams, seconded by Commissioner Moss, to approve the Sheriffs request for the Fiscal Year 2021/2022 reversion of fees for the General Fund in the amount of $470,916.37 and for the Law Enforcement Trust Fund in the amount of $112,141.40. The motion carried by the following vote: Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 9.D. IRC Supervisor of Elections Annual Report Supervisor of Elections Leslie Rossway Swan began by thanking the Board for their support over the last Fiscal Year (FY) 2021/2022, pointing out that the last budget year was not only a gubernatorial election cycle, but a redistricting year. She spoke of staff spending countless hours redrawing precinct boundary lines, renumbering precincts, and utilizing three new polling places, noting the Election office mailed out over 118,000 new voter information cards and over 45,000 vote -by -mail ballots for the November 8th election. She discussed the past election and took the opportunity to recognize and thank her staff, County Attorney Dylan Reingold, Vice Chairman Earman, Commissioner Adams, and those who served on the Canvassing Board who helped make the election go smoothly. Ms. Swan presented the Board with a check for $9,647.56 in returned funds. Chairman O'Bryan commended Ms. Swan and her staff for the exemplary way they handled elections in the County. Indian River County Florida Age 5 Board of County Commissioners Draft Meeting Minutes November 15, 2022 A motion was made by Commissioner Flescher, seconded by Vice Chairman Earman, to accept the Annual Fiscal Report for the Supervisor of Elections Office for the Year Ended September 30, 2022. The motion carried by the following vote: Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 9.E. IRC Clerk of Court and Comptroller Annual Report Jeffrey R. Smith, Clerk of the Court and Comptroller, wished Chairman O'Bryan the best on his retirement and stated that he would be missed. Mr. Smith presented a check for $416,152.68 in excess fees for non -court operations. He thanked his staff, as well as the Board and County staff for their assistance and supportive relationship. A motion was made by Commissioner Flescher, seconded by Vice Chairman Earman, to accept the Annual Fiscal Report for the Clerk of the Circuit Court and Comptroller for the Year Ended September 30, 2022. The motion carried by the following vote: Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 9.F. Announcement by Jeffrey R. Smith, Indian River County Clerk of Circuit Court & Comptroller, of the GFOA Triple Crown Award for Fiscal Year 2019-2020 Jeffrey R. Smith, Clerk of the Court and Comptroller, was pleased to announce Indian River County was awarded the Triple Crown Award for Fiscal Year 2019/2020 from the Government Finance Officers Association (GFOA) for Excellence in Financial Reporting, the Popular Annual Financial Reporting Award, and the Distinguished Budget Presentation Award. He commended his staff and Budget Director Kristin Daniels and her staff for a job well done. No Action Taken or Required 10. PUBLIC ITEMS A. PUBLIC HEARINGS PROOF OF PUBLICATION FOR THESE HEARINGS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 10.A.1. Miscellaneous Budget Amendment 10 (Administrative) County Administrator Jason Brown stated according to Florida Statute 129.06(2) (f) whenever changes to the County's Fiscal Year Budget reflect actual cash balance dollars being allocated, a public hearing must be advertised for the purpose of hearing comments from the public on the changes to the budget. He announced the Miscellaneous Budget Amendment 010 was advertised on Friday, November 11, 2022. Chairman O'Bryan opened the public hearing. There being no speakers, the Indian River County Florida Age 6 Board of County Commissioners Draft Meeting Minutes November 15, 2022 Chairman closed the hearing. A motion was made by Commissioner Adams, seconded by Commissioner Moss, to approve Resolution 2022-087, amending the Fiscal Year 2021-2022 Budget. The motion carried by the following vote: Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 10.A.2. Kolter Group Acquisitions LLC's Request for Conceptual Planned Development (PD) Plan and Special Exception Approval and Concurrent Preliminary PD Plan/Plat Approval for a Project to be known as Red Tree Cove PD [PD -21-11-09 / 2021040075-907181 Chairman O'Bryan introduced the parties for the proceeding as being Indian River County and Kolter Group Acquistions LLC. (Applicant). Each Commissioner, as requested by the Chairman, disclosed ex parte communications, site visits, or independent investigations. The Commissioners also affirmed that they have an open mind and can base their decisions on the evidence presented and the applicable law. The Chairman opened the public hearing. The Deputy Clerk administered the Oath to all persons who wished to speak at the hearing. Ryan Sweeney, Chief of Current Development, utilized a PowerPoint presentation to detail the Planned Development (PD) process, as well as the requirements needed to receive special exception and concurrent preliminary PD plan/plat approval for the project located on the southwest corner of 13th Street SW and 43rd Avenue SW. He detailed the proposed development and the general layout of the conceptual PD plan for phase I and II of the project. Commissioner Moss brought up the concern expressed at the Planning and Zoning Commission Meeting regarding traffic in the area of the project. She felt the County in the future should look at the number of houses and the traffic generated by a proposed development. Vice Chairman Earman sought and received confirmation from Chief Sweeney that the developer agreed to contribute their fair share of the cost for the future 17th Street SW bridge crossing, part of the South County Initiative. Chairman O'Bryan followed up on Commissioner Moss's question and stated the County, through the Metropolitan Planning Organization's 20 -year Long Range Transportation Plan, looked at growth, future traffic needs, and the land use in the area to calculate how many more homes may be developed in the future. Jim Vitter, representative from BGE, Inc., on behalf of Kolter Group Indian River County Florida 1 Age 7 Board of County Commissioners Draft Meeting Minutes November 15, 2022 Acquisitions, LLC, stated he was available along with the consultants to answer any questions. Chief Sweeney commented that the Homeowner Associations within the surrounding subdivisions were sent a notice by mail of the public hearing. There being no further speakers, the Chairman closed the hearing. A motion was made by Commissioner Adams, 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 B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Dennis Dunlap re: Proposed Unleashed Dog Access on Beaches Mr. Dennis Dunlap, resident of Indian River Shores, spoke on the reasons he was strongly opposed to the proposed unleashed dog access on beaches. No Action Taken or Required 10.8.2. Request to Speak from Robert Christiansen re: Off Leash Dog Beach Mr. Robert Christiansen, a resident of Indian River Shores, spoke on his fear of off -leash dogs. He shared his love of dogs and discussed a couple of encounters he had experienced with unleashed dogs, noting there were many responsible pet owners, but expressed concern on the irresponsible ones. No Action Taken or Required C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Storm Update County Administrator Jason Brown provided an update on Hurricane Nicole stating the County faired well and noted the County's beaches sustained varying amounts of damage from wind and swells. In a PowerPoint presentation, he reviewed staff s observation reports from Hurricane Nicole, displaying the before and after pictures of the impacts to County beaches and facilities. County Administrator Brown thanked County staff and other entities who worked during the storm. He stated the vegetative waste seemed far less than that of Hurricane Ian and asked if the Board wanted to waive the tipping fees at the landfill for the debris. Indian River County Florida 1 /'age 8 Board of County Commissioners Draft Meeting Minutes November 15, 2022 A motion was made by Commissioner Flescher, seconded by Commissioner Moss, to approve waiving the tipping fees on debris until November 30, 2022. The motion carried by the following vote: Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 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 12.G.1. Florida Department of Transportation (FDOT) Locally Funded Agreement (LFA) for Oslo Road Widening Project FM. No. 431521-1 (IRC -1411) Public Works Director Rich Szpyrka stated the Florida Department of Transportation (FDOT) was in the final stages of design for the Oslo Road Widening project. He added the County had requested the four (4) mast arms for this project be painted Federal Highway Green, a cost that would be the responsibility of the County. He concluded in order to accommodate the request, the FDOT had provided the County with a Locally Funded Agreement to provide for a lump sum payment of $90,000. A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to approve staffs recommendation and Resolution 2022-088, authorizing the Chairman's execution of a Locally Funded Agreement (LFA) FM NO. 431521-1 with the Florida Department of Transportation for mast arm painting and maintenance of mast arms on Oslo Road between 58th and 82nd Avenues upon final acceptance by the County of the improvements constructed by the Florida Department of Transportation. The motion carried by the following vote: Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 12.G.2. Change Order No. 1, Construction of Intersection Improvements at SR -60 and 43rd Avenue, IRC -0853, FDOT FM 431759-2-54-01 Chairman O'Bryan sought and received information on an estimated date for the completion of the intersection improvements at State Road (SR) 60 and 43rd Indian River County Florida 1 Age 9 Board of County Commissioners Draft Meeting Minutes November 15, 2022 Avenue from Public Works Director Rich Szpyrka. Director Szpyrka presented a change order in the amount of $863,685.50, noting $403,538.00 of the amount was to compensate the contractor Timothy Rose Contracting, Inc. for the repair of the Florida Department of Transportation's (FDOT) SR -60 drainage trunk line and to add 87 days to the contract time. Additionally, due to the delays of unplanned repairs, there was a price adjustment in the amount of $460,147.50 for the increase in material costs due to the recent volatility in prices. Vice Chairman Earman acknowledged the difficulties staff and the contractor had endured with the delays and appreciated Director Szpyrka and staff's hard work on the project. A motion was made by Vice Chairman Earman, seconded by Commissioner Adams, 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 H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Demolition Lien - 1705 45th Ave, Vero Beach, FL 32966 Assistant County Attorney Susan Prado recalled that on December 11, 2013, a lien was recorded for the costs of a demolition at 1705 45th Avenue, and as of November 15, 2022, the costs of demolition and interest totaled $9,796.76. She stated the new owner of the property had contacted the Attorney's office and inquired on a lien reduction. She concluded that consistent with recent practice, the County Attorney's office recommended that the Board waive 90% of the accrued interest, if the lien and the remaining 10% of the interest was paid within 60 days in the amount of $6,334.86. A motion was made by Commissioner Adams, seconded by Chairman O'Bryan, 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 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman B. Commissioner Joseph H. Earman, Vice Chairman 14.B.1. Proposal for Revised Beach Renourishment Project Easement Indian River County Florida TSF. 10 Board of County Commissioners Draft Meeting Minutes November 15, 2022 Vice Chairman Earman recalled that at the March 8, 2022 meeting, the Board elected to postpone the Sector 7 Beach Renourishment Project due to a lack of sufficient signed easements. He continued, at the August 16th meeting, it was the Board's consensus for Vice Chairman Earman to begin meeting with the individual Sector 7 homeowners to gather information on how they felt the County could best protect the beaches from erosion. He proposed an updated version of a previously -used easement from the year 2009. Vice Chairman Earman sought approval from the Board to take the revised easement proposal back to the Beach and Shore Preservation Advisory Committee (BSPAC) for their input. In response to a question by Commissioner Adams, County Attorney Dylan Reingold stated the difference between the proposed easement and the original easement was the removal of the broader customary -use language replaced by the reference to Section 161.141, Florida Statutes. Commissioner Adams expressed her concern with the drastic language change compared to the other easements obtained by the County, noting customary -use law had changed since 2009. She felt the County should be consistent across the whole beach management program and that it was not necessary to make accommodations for a project with no public access. A discussion followed on a Board policy to replace the easement agreements from previous beach restoration projects and allow those individuals who had already signed an agreement the opportunity to sign the new easement. The Board was in agreement to wait for input from the Beach and Shore Preservation Advisory Committee and then bring it back to the Board at a future meeting for further discussion. A motion was made by Vice Chairman Earman, seconded by Commissioner Flescher, to approve taking the proposal for the revised beach renourishment project easement to the Beach and Shore Preservation Advisory Committee, then bring it back to the Board at a future meeting. The motion carried by the following vote: Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss Indian River County Florida T47e 11 Board of County Commissioners Draft Meeting Minutes November 15, 2022 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 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. 15.13.1. Solid Waste and Recycling Collection Procurement Services by Kessler Consulting, Inc Solid Waste Disposal District (SWDD) Director Himanshu Mehta presented an agreement with Kessler Consulting, Inc. for their assistance in the procurement process for collection, transportation, and disposal services for regulated solid waste in unincorporated Indian River County, and recycling services. He stated the County has an exclusive residential and commercial franchise agreement with Waste Management Inc. of Florida which expires on September 30, 2025, and pointed out the County Code limits a franchise agreement to a maximum of 10 years. He continued, in preparation, staff was looking at getting the competitive procurement process finalized to allow ample time for the future vendor to prepare. A motion was made by Vice Chairman Earman, seconded by Commissioner Flescher, to approve staff's 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.2. Approval for Off -Site Disposal of Concentrated Leachate Cost Increase There was no discussion on this item. A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan, 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 The Board of Commissioners adjourned the Solid Waste Disposal District meeting. The Chairman called a recess at 11:02 a.m., and reconvened at 11:10 a.m. as the Board of County Commissioners with all members present, resuming the meeting with Item 5.A., Presentation of Proclamation Honoring Peter D. O'Bryan on his retirement. Indian River County Florida .Me 12 Board of County Commissioners Draft Meeting Minutes November 15, 2022 C. Environmental Control Board 16. ADJOURNMENT There being no further business, the Chairman for the last time adjourned the meeting at 12:36 p.m. Indian River County Florida ./fie 13 ?4 January 31, 2023 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 24, 2023 SUBJECT: Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting FROM: Joseph H. Earman, Chairman Commissioner, District 3 Discussion Item I'd like to highlight the Certificate of Achievement for Excellence in Financial Reporting awarded by the GFOA to Indian River County for its Annual Comprehensive Financial Report for Fiscal Year 2021. Attachments Award Announcement and Press Release 17 Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 1ax:.312.977.4806 1/19/2023 Jeffrey Smith Clerk of Circuit Court & Comptroller Indian River County, Florida Dear Mr. Smith: We are pleased to notify you that your annual comprehensive financial report for the fiscal year ended September 30, 2021 qualifies for GFOA's Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement (AFRA) is also presented to the individual(s) or department designated by the government as primarily responsible for its having earned the Certificate. This award has been sent to the submitter as designated on the application. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and give appropriate publicity to this notable achievement. A sample news release is included to assist with this effort. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, Michele Mark Levine Director, Technical Services 18 GOVERNMENT FINANCE OFFICERS ASSOCIATION NEWS R.ELVA3r FOR IMMEDIATE RELEASE 1/19/2023 For more information contact: Michele Mark Levine, Director/TSC Phone: (312) 977-9700 Fax: (312) 977-4806 Email: mlevine@gfoa.org (Chicago, Illinois)—Government Finance Officers Association of the United States and Canada (GFOA) has awarded the Certificate of Achievement for Excellence in Financial Reporting to Indian River County for its annual comprehensive financial report for the fiscal year ended September 30, 2021. The report has been judged by an impartial panel to meet the high standards of the program, which includes demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the report. The Certificate of Achievement is`the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. Government Finance Officers Association (GFOA) advances excellence in government finance by providing best practices, professional development, resources, and practical research for more than 21, 000 members and the communities they serve. WAJ January 31, 2023 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 25, 2023 SUBJECT: State Housing Initiatives Partnership (SHIP) Program Loans and SHARP (American Rescue Plan) Grants Approved on January 24, 2023, by Local Housing Assistance Loan Review Committee FROM: Laura Moss Commissioner, District 5 For the Board's information, the following SHIP and SHARP loans were approved on January 24, 2023, by the Local Housing Assistance Loan Review Committee 1. $12,000.00 to Very Low Income household for emergency rehabilitation. SHIP Emergency Rehabilitation Loan of $8,000.00 and SHARP Grant of $4,000.00. Household includes a teacher and two children. 2. $37,500.00 to Moderate Income household for emergency rehabilitation. SHIP Emergency Rehabilitation Loan of $25,000.00 and SHARP Grant of $12,500.00. Household includes a pastry chef and one child. 3. $20,000.00 to Moderate Income household for emergency rehabilitation. SHIP Emergency Rehabilitation Loan of $20,000.00. Household includes a medical diagnostic technician, who works a second job in retail, and two children. 4. $18,000.00 to Very Low Income household for rehabilitation. SHIP Rehabilitation Loan of $12,000.00 and SHARP Grant of $6,000.00. Household includes a landscape worker, wife, and child. 20 7� INFORMATIONAL ITEM Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: January 13, 2023 SUBJECT: 1st Quarter FY 2022/2023 Budget Report FROM: Kristin Daniels Budget Director, Office of Management & Budget Following is the quarterly report for the first quarter of fiscal year 2022/2023. 21 M L N N � N N Q 4 } C C (V E 0 U i a C 00 t J Cl) i O C 7 LL fll fll LL u a Q E U w 2 H i O fT 0T t Z s4 N CL 0) 7 _0 � 7 O O 7 -0 c N m 0 5- U t LO LO M LO N 10 N 10 N a t Lf) 00 C O .6 2 U 0 M 0 W cq 3 -E U of O 0Lo 5 w co RCL y o 1 C 0 O � r. 1 OL a 7 N f n c 0 o N i '000 o n a fu . a)° d 0 o O 0 U m f H N � "O j N N Cm 1 m a m $ o ; o E > U 5-- v aco M LO Ol O. N N M 06 0. 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N for V Iq M N N V+ w Q g M w OC O N O 10 M h h M N V N N N r � M N V to E U W C: u O W b Q r H n C O in LU r 0 Y C 2 N i O X N iu C W z W o X N W co co �O N Cl) 4091 :O Ol M �O v9� M n N CO N N W U LU LUN Z O N W O cicCL K LU2 O C1\ 2 N O U Q � 0 V v 10 Lq n Cl) «4 M N Ot Ol O M N CO v�- 10 M «4 M Ol LO e,4 O t\ LQ n N N W U LU W N z O U Cie W 2 O 0 o. M M O O� h N N LO O w W W U 6 co LO LO co O O� N V N O LO N OlOl n LO N t09 M IO Cl)rl O� eR O. Ib O co 'O W U Z Cie Q Z) Z ce LU O 6 Ol LO M O M L9 10 N N O Ln N n /b N «4 10 O L LO n Cl! 10 co 4.14. W CieQ 3 O LU W M CL O U 0 _N LO Cl) O O� LI? m O LO O LO MA [ CV) M 70 January 31, 2023 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 24, 2023 SUBJECT: Appointment of Katie Mieras to the Children's Services Advisory Committee Representing District 3 FROM: Joseph H. Earman, Chairman Commissioner, District 3 Discussion Item Each County Commissioner appoints a representative to the Children's Services Advisory Committee. I am presenting Katie Mieras's resume and informing the Board of my intention to appoint her as a permanent member representing District 3. Attachment Katie Mieras Committee Application and Resume 34 Wow longheve+youbeen arogdentof Indian RIVotbuMp MR Won M... Avutie _le."'rIS,M,594-42".:. : . i f m eras a fe �gm LI1 4 SKILLS ReeWli'&Sd as a deewft intattift odonw kada :' SALf i& selatpa:le *Pweft ftods" ad vWoa 4*6vpu*od=.:.NO` fa 11ftst,*'3O'S WE: .. .. - alr _ lai . aa410tltitfr' MaR"Iiaftae evwor&,mdadmawledgement*. dot. tar►tilirs and t;lttpt _. trsaw t1�'p�'atid acus � i e o Ove t►and: c theme mat-OW, :.. . .thro euti a rr'tf l¢ed,la�alt��ra, d� T�� adve ser is t t • C {it�€at�dit'A And i s i ,,. 37 7ie7 BEFORE THE FLORIDAPUBLIGSERVICE COMMISSION In'tw.16thien for MOW mccedii19to DOCKET H0.:20220I65-0 .:: approve refund and rate reduction resulting ORDEt X10, FSC 2023 -0043 -Cb-[ fro4i implementation. of Inflation Reduction 18 SUED: January: l2,2023 Act, by, Florida.Power& Li ht Company. CONSUMMATING -ORDER. BY"THE.C.OMWSSION: By -,'Order 'No..PSC-2022-043-3-1R&EL issued December 21; 3022, this Commission proposed to take certain action, subject :to a Petition for Formal Proceeding as provided in Rude 25-22:QZ9i Florida Administrative- Code:. No response has been filed to the order, in regard. to the above-mentioned docket. It is, therefore, ORDERED by the Florida Pablitr. Service Commission .this Order No. PSS: -3022-0433- TRF -EI has become effective anidrinal. it. is fuiher 0V-ERED that this docket shal1 be closed. SBR '46RDER.ofthe, Florida PuMoSomop.°Commission this 121h day of January 2023. Florida Public Service. Commission 2540 Shumard Oak Bodevard. Tallahassee, Florida 32399 (950) 413-6770 www.floridapsc.com Copies furnished: A �eopy of this document is .provided to the parties of record at the time of issuance` and,. if appiicable; interested persons. K1'i ORDER NO. PSC -2023 -0043 -CO -EI DOCKET NO. 20220165 -EI PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. 39 DATE: TO: THROUGH FROM: SUBJECT: INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION January 25, 2023 BOARD OF COUNTY COMMISSIONERS Michael C. Zito, Interim County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager Agreement with Meeks Plumbing for North County and West Wabasso Septic to Sewer (S2S) Private Side Connections BACKGROUND: On December 20, 2022, the Board awarded RFP 2023007 for North County Water and Sewer System Phase 2 Customer Side Connections to the sole proposer, Meeks Plumbing, Inc. ("Meeks"), and authorized staff to begin negotiations. Residences will only be connected to sewer after they have connected to County water. The costs of connection to sewer will be paid to Meeks by the County, and will come from cost -share grant funds from St. Johns River Water Management District and the Indian River Lagoon Council, as well as American Rescue PlanJunds. As requested in the RFP, Meeks also provided base pricing for water side connections. Homeowners are not required to utilize Meeks to connect, as the cost to connect a residence to County water is the responsibility of the homeowner. nicri Iccinni. Staff has conducted negotiations with Meeks, and has prepared an agreement. On January 17, 2023, the Board authorized the use of ARP funding for 31 private sewer connections in the West Wabasso area. Because the scope of work is the=same in both areas, a competitive solicitation has already been issued with a single qualified respondent, and the timelines of the projects overlap, staff would like to include the West Wabasso residences in the proposed agreement. FUNDING: The anticipated cost of the customer side North County sewer connections is $1,627,057.80. The customer side sewer connection cost in West Wabasso is estimated at $316,688.49 ($142,600.27 for Phase 3A and $174,088.22 for Phase 3B). Both projects are anticipated to cost $1,943,746.29 combined. Available funding sources are shown below. W North County Phase 2 Water and Sewer Project Customer -side Construction Funding Funding Source Description Account (if applicable) Amount SJRWMD Optional Sales Tax/WW Collection/Sebastian Phase II 31526836-066510-17513 $ 536,929.07 IRL Council Collection/West Wabasso sewer 31526836-066510-21512 Water & Sewer $ 204,017.69 American Rescue ARP/Sebastian Phase II Water & American Rescue ARP Fund/West Wabasso Sewer Plan Sewer 13821936-066510-17513 $ 886,111.04 Total North County Connections $ 1,627,057.80 West Wabasso Phase 313 and 3A S2S Project Customer -side Construction Funding Funding Source Description Account (if applicable) Amount Optional Sales Tax/WW Optional Sales Tax Collection/West Wabasso sewer 31526836-066510-21512 $ 106,118.60 Phase 3 American Rescue ARP Fund/West Wabasso Sewer 13821936-066510-21512 $ 210,569.891 Plan (ARP) Phase 3 Total Wabasso Connections $ 316,688.49 Total Connections $ 1,943,746.29 1. 5 94,756.45 ARP is delegated to West Wabasso S2S Phase 3A and $ 115,813.44 is delegated to West Wabasso S2S Phase 3B RECOMMENDATION: Staff recommends the Board approve the agreement, including the addition of the West Wabasso residences, and authorize the Chairman to execute the agreement after the County Attorney has approved it as to form and legal sufficiency, and after Meeks is actively registered in SAM.gov. nrrn P'IJ RA Cllr Agreement 41 Agreement THIS AGREEMENT is by and between Indian River County, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called COUNTY) and Meeks Plumbing, Inc. (hereinafter called CONTRACTOR). COUNTY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Connection of approximately 227 residences in the North County and West Wabasso areas to County sanitary sewer service, based on homeowner participation. CONTRACTOR has also provided base costs to complete connection of up to approximately 161 residences (based on homeowner participation) to County water service. Any work on the water service is separately authorized and paid for by the homeowners. ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: North County and West Wabasso Water and Sewer Customer Side Connections RFP Number: 2023007 Project Address: Various ARTICLE 3 - CONTRACT TIMES 3.01 Notice to Proceed A. The Utilities Department will issue individual notices to proceed for sewer connection for each residence, after confirmation of connection to County Water service, and after review and approval of a scope of work from the CONTRACTOR. Notices to proceed for sanitary sewer at North County residences may begin immediately after execution of this agreement. Notices to proceed for West Wabasso residences are anticipated to be considered after July, 2023, after the new sanitary sewer system has been completed. 3.02 Term A. The term of the agreement is one year, with three one-year extensions available, upon mutual consent. ARTICLE 4 - CONTRACT PRICE 4.01 COUNTY shall pay CONTRACTOR for sewer connections, at the prices stated in CONTRACTOR's Proposal Pricing Form, attached hereto as Exhibit 1, and as authorized on a notice to proceed for each individual residence, issued by the Department of Utility Services. Invoices will be prepared and submitted monthly, for the residences at which sanitary sewer was completed. EVA 4.02 CONTRACTOR shall invoice individual homeowners electing to utilize the pricing in this agreement for water service connection, upon completion of the work, based on the rates stated in the CONTRACTOR's Proposal Pricing Form. ARTICLES- PAYMENT PROCEDURES 5.01 The COUNTY shall make payments to the CONTRACTOR for sanitary sewer connections on the basis of the approved invoices, in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce COUNTY to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by COUNTY and others at the Site that relates to the Work as indicated in the Contract Documents. 43 G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given COUNTY written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by COUNTY is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e- veri ov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E - Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notices to Proceed (signed by Utilities for each individual property); (3) Certificate(s) of Liability Insurance; (4) Request for Proposals 2023007; (5) CONTRACTOR'S Submitted Proposal; (6) Firm Information Form; (7) Proposal Pricing Form; (8) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (9) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (10) Certification Regarding Lobbying; (11) Certification Regarding Debarment; (12) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Request for Proposals. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. COUNTY and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon COUNTY and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public 4 45 records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DU'L'Y 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 180127 1h Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 COUNTY and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of.such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union 5 46 or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act: (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. C. Clean Air Act and Federal Water Pollution Control Act: (1) Clean Air Act. (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (b) The contractor 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 Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (2) Federal Water Pollution Control Act (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 6 47 (b) The contractor agrees to report each violation tb the COUNTY and understands and avi es that the COUNTY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. D. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. E. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay.any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. F. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. G. 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 7 48 on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115- 232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of 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 contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or 8 49 services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. H. Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. I. Affirmative Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. J. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the Owner a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the Owner or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the Owner data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Owner. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR 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: (1) if in the COUNTY's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the COUNTY's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR 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 CONTRACTOR or for any of his property. 9 50 B. COUNTY shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the COUNTY. C. If the CONTRACTOR fails to corrector cure within the time provided in the preceding Sub -Article B, COUNTY may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the COUNTY may authorize CONTRACTOR to restore any work sites. D. TERMINATION FOR CONVENIENCE: COUNTY may at any time and for any reason terminate CONTRACTOR's services and work for COUNTY's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the COUNTY. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. E. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in .Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. COUNTY may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 10 51 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to COUNTY and CONTRACTOR. All portions of the Contract Documents have been signed or identified by COUNTY and CONTRACTOR or on their behalf. This Agreement will be effective on January 31, 2023. COUNTY: INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman By: Michael C. Zito, Interim County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Robert Tobar, EI Title: Utility Design Engineer Address: 180127 th Street, Vero Beach, FL 32960 Phone: 772-226-1801 Email: rtobar@ircgov.com CONTRACTOR: Meeks Plumbing, Inc. By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 11 52 7 Exhibit 1 to the Agreement — Pricing 12 53 Exhibit 2 to the Agreement — Sample Notice to Proceed Date TO: Contractor Indian River County Agreement 2023007 Property Address: Please proceed with the following work under the subject agreement at the listed property, with the following scope, per your estimate provided to the customer: Water service connection Sewer service connection Septic Out Tank Pump Septic Tank Abandonment Private Simplex Lift Station Installation By: (AUTHORIZED SIGNATURE) (TITLE) 13 54 Wil CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 12, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael C. Zito, Interim County Administrator Kristin Daniels, Office of Management and Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: First Extension to Agreements for Temporary Staffing Services (Bid 2022017) BACKGROUND: On February 15, 2022, the Board of County Commissioners awarded Bid 2022017 for Temporary Staffing Services to Blue Arbor, Inc., AUE Staffing, Inc., LFI Fort Pierce, Inc., Altrian, Inc., Spherion Staffing & Recruiting, and Secure Technologies, LLC. The award was for one year, with two one-year renewals available. The current term will expire on February 14, 2023. Staff is proposing to extend the Blue Arbor, AUE Staffing, LFI Fort Pierce, and Altrian agreements, with no change in rates. When asked to extend, Spherion Staffing & Recruiting required an increase to their mark-up from 29.99% to 35% therefore, Staff does not recommend renewal or amendment of the Spherion agreement. Staff made multiple unsuccessful attempts to contact Secure Technologies, LLC regarding the extension, and does not recommend renewal of the Secure Technologies agreement. FUNDING The funding for work performed under this extension will vary by using department and funding source. There is no change to any of the bid pricing associated with the extensions. Below are the departments with their Contracted Labor Services remaining budgets that may utilize these contracts: Account Name GL A+ecouat Amount General Fund/Parks/Contracted Labor Services 00121072-033470 $8,000 General Fund/Conservation Lands/Contracted Labor Services 00121572-033470 $2,000 Transportation Fund/County Engineering/Contracted Labor Services 11124441-033470 $10,000 Transportation Fund/Stormwater/Contracted Labor Services 11128138-033470 $15,000 SHIP/SHIP Program/Contracted Labor Services 12322869-033470 $6,109 SWM/Landfill/Contracted Labor Services 41121734-033470 $800 Information Technology/Information Systems/Contracted Labor Services 50524113-033470 $649 Total $42,558 55 RECOMMENDATION Staff recommends the Board of County Commissioners approve the First Extensions, and authorize the Chairman to execute them, after approval by the County attorney as to form and legal sufficiency, and after receipt and approval of required insurance by Risk Management. ATTACHMENTS First Extension — Altrian First Extension — AUE Staffmg First Extension — Blue Arbor First Extension — LFI 56 FIRST EXTENSION TO AGREEMENT FOR TEMPORARY STAFFING SERVICES This First Extension to that certain Agreement to provide Temporary Staffing Services is entered into effective as of by and between Indian River County, a political subdivision of the State of Florida ("County") and Altrian, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Temporary Staffing Services effective February 15, 2022; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of February 15, 2022 and will end on February 14, 2023; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective February 15, 2023 and shall end on February 14, 2024. There is a single one-year renewal available on the contract. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 57 IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. Altrian, Inc. By: Printed name: _ Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS Joseph H. Earman, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller Deputy Clerk Approved: Michael Zito Interim County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 92 FIRST EXTENSION TO AGREEMENT FOR TEMPORARY STAFFING SERVICES This First Extension to that certain Agreement to provide Temporary Staffing Services is entered into effective as of by and between Indian River County, a political subdivision of the State of Florida ("County") and AUE Staffing, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Temporary Staffing Services effective February 15, 2022; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of February 15, 2022 and will end on February 14, 2023; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective February 15, 2023 and shall end on February 14, 2024. There is a single one-year renewal available on the contract. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 59 IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. AUE Staffing, Inc. By: Printed name: Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS Joseph H. Earman, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller Deputy Clerk Approved: Michael Zito Interim County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney FIRST EXTENSION TO AGREEMENT FOR TEMPORARY STAFFING SERVICES This First Extension to that certain Agreement to provide Temporary Staffing Services is entered into effective as of by and between Indian River County, a political subdivision of the State of Florida ("County") and Blue Arbor, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Temporary Staffing Services effective February 15, 2022; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of February 15, 2022 and will end on February 14, 2023; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective February 15, 2023 and shall end on February 14, 2024. There is a single one-year renewal available on the contract. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 61 IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. Blue Arbor, Inc. By: Printed name: Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS LM Joseph H. Earman, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller Lo Deputy Clerk Approved: Michael Zito Interim County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 62 FIRST EXTENSION TO AGREEMENT FOR TEMPORARY STAFFING SERVICES This First Extension to that certain Agreement to provide Temporary Staffing Services is entered into effective as of by and between Indian River County, a political subdivision of the State of Florida ("County") and LFI Fort Pierce, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Temporary Staffing Services effective February 15, 2022; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of February 15, 2022 and will end on February 14, 2023; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective February 15, 2023 and shall end on February 14, 2024. There is a single one-year renewal available on the contract. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 63 IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. LFI Fort Pierce, Inc. By: Printed name: Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: Joseph H. Earman, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller Deputy Clerk Approved: Michael Zito Interim County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 64 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 23, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael C. Zito, Interim County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of RFP 2023004 for Housing Program Inspection Services BACKGROUND: On behalf of the Community Development Department, Requests for Proposals (RFPs) were solicited for Housing Program Rehabilitation Work Inspection Services. Work will include single-family residential property inspection services, and development of rehabilitation scopes of work. Inspection services are currently performed by Guardian Community Resource Management (Guardian CRM) under an agreement that will expire on June 10, 2024. The Department would like to have an additional firm under contract for inspection services to facilitate additional rehabilitation projects. RFP RESULTS: Advertising Date: RFP Opening Date: Solicitation Broadcast to: RFP Documents Requested by: Replies: September 23, 2022 October 12, 2022 685 Subscribers 13 Firms 1 Firm (SoFI Corporation) ANALYSIS• A selection committee comprised of Andy Sobczak, Assistant Community Development Director, Bill Collins, SHIP Housing Coordinator, and Chris Balter, Senior Planner independently reviewed the received proposal in accordance with the RFP document and Purchasing Manual. The committee then met to discuss the proposal, and agreed the sole proposer met the RFP requirements, and is qualified to complete the project. The prices proposed by the firm met the maximum rates stated in the RFP, however, the committee identified that those amounts in the issued RFP were higher than the State - approved rates in the County's Local Housing Assistance Plan (LHAP). The Purchasing Division contacted the proposer, and asked if they would meet the lower LHAP rates. After discussion, they agreed to lower their price. 65 CONSENT The term of award is proposed to coincide with the expiration of the Guardian CRM agreement, during which time staff anticipates an update to the LHAP will be made, potentially including an increase to the rate cap. A new solicitation will be issued prior to the to June 10, 2024 termination date of both agreements, to ensure continuity of the program. FUNDING• The work is funded by the State Housing Initiatives Partnership (SHIP) and available in the SHIP Program/Rehabilitation Loan account, 12322869-o88070. Account Name Account Amount Number SHIP Program/Rehabilitation Loan — Owner 12322869- $280,957 Occupied o88070 RECOMMENDATION: Staff recommends the Board award RFP 2023004 to SoFI Corporation, approve the agreement, and authorize the Chairman to sign after the County Attorney has approved it as to form and legal sufficiency and after receipt and approval of the required insurance by the Risk Manager. ATTACHMENT Agreement K. AGREEMENT THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and SoFI Corporation (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE i - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Indian River County Housing Program Rehabilitation Work Inspection Services, including inspection of single family homes prior to purchase or prior to approval of an owner -occupied home rehabilitation loan application, to determine if the house is structurally sound and can be rehabilitated. The CONTRACTOR must then determine the type and amount of rehabilitation work needed, prepare a detailed work write-up and cost estimate of the rehabilitation work that needs to be done, review contractor bids, approve change orders, inspect completed work prepare punch lists, and verify that the job is complete and that payment to the contractor can be processed. ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Housing Inspection Services RFP Number: 2023004 ARTICLE,A - CONTRACT TIMES This agreement shall be effective until June 10, 2024. ARTICLE d - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts in the table below. Work Task Not to exceed fee Rehabilitation loan approval inspection $500 Detailed inspection, rehabilitation work write-up and project $2,250 closeout ARTICLE.q - PAYMENT PROCEDURES 5.01 CONTRACTOR shall bill the COUNTY after completion of each work task. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). No advance or prepayment will occur. 67 ARTICLE 6 - INDEMNIFICATION 6.o1 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Request for Proposal documents. B. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. C. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. D. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. E. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 8.o1 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice(s) to Proceed for each property; (3) Certificate(s) of Liability Insurance; (4) Request for Proposals 2023004; (5) CONTRACTOR'S Submitted Proposal; (6) Respondent Information Form; (7) Sworn Statement Under Section 105.o8, Indian River County Code, on Disclosure of Relationships; (8) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (9) Indian River County Local Housing Assistance Program SHIP Program Minimum Standards for Rehabilitation of Residential Properties (Revised October 27, 2015, or most current) (1o) Sample Work Write-up (11) Rehabilitation Inspection Services Forms 2 68 (12) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE Q - MISCELLANEOUS 9.oi Terms A. Terms used in this Agreement will have the meanings indicated in the Request for Proposals. 9.02 Assignment of Contract A. No assignment by a parry hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the parry sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors andAssigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other parry hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.o6 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (i) Keep and maintain public records required by the County to perform the service. 3 69 (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 uublicrecords Cad ircgov. com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 3296o C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE lo —TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or 4 70 (5) if CONTRACTOR 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 CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (1o) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 5 71 OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on January 31, 2023. OWNER: INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman By: Michael C. Zito, Interim County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Bill Collins, SHIP Housing Coordinator 18o127�h Street, Vero Beach, FL 3296o Phone: 772-226-4355 bcollins@ircgov.com CONTRACTOR: SoFI Corporation By: (Contractor) (CORPORATE SEAL) Attest (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Jeffrey Igoe, President 505 Beachland Boulevard #221 Vero Beach, FL 32963 (772) 231-7025 jeff@jiarchtects.com 6 72 �o:: CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 19, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael C. Zito, Interim County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Second Extension and Amendment to Agreement for Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling (Bid 2021021) BACKGROUND: On February 16, 2021, the Board of County Commissioners awarded Bid 2021021 for the operation of the Biosolids Dewatering Facility located at the County Landfill located at 1350 74th Ave. SW, Vero Beach to Synagro South, LLC ("Synagro"). The facility receives domestic residuals, septage and grease from Indian River County wastewater treatment facilities, local septic tank haulers, and recreational vehicles. The Contractor will operate the Biosolids Dewatering Facility, haul sludge from the three County owned wastewater treatment facilities to the facility, and be responsible for dewatering the sludge and disposing of it in the County Landfill. The first extension and amendment of the agreement was approved by the Board on February 1, 2022 and is set to expire on February 28, 2023. Three one-year extensions are available, subject to vendor acceptance, satisfactory performance, and staff's determination that renewal is in the best interest of the County. ANALYSIS: Staff has been satisfied with the service provided by Synagro and would like to exercise the second renewal to the agreement. Article 4 of the Agreement provides an opportunity for Synagro to request a price increase in writing by January 1 of each year, to be effective for the upcoming term. Synagro has "submitted a request to adjust the pricing in accordance with the CPI index (South), effective March 1, 2023, as reflected in the following table. The amounts of the requested increases match the increase to CPI. The Synagro request for increase is on file in the Purchasing Division. 73 CONSENT AGENDA SOURCE OF FUNDS: To date and estimated costs are shown in the table below. Service Current Proposed Change Actual Est. Cost Est. Cost Est. Total Rate Rate costs Oct- Jan -Feb Mar -Sep FY22/23 Amount Dec 22 Annual Allocated Cost to PO Hauling $0.0299/ $0.0322/ +8% $122,917 $81,945 $309,751 $514,613 $475,000 gal gal Processing/ $230.55/ $248.99/ +8% $101,772 $67,848 $256,465 $426,085 $395,000 Dewatering dry ton I dry ton Funding will come from the Utilities operating funds, which are derived from water and sewer sales. Hauling from the Wastewater Treatment Plants will come from the Utilities Operating Fund/Wastewater Treatment/Sludge Removal (47121836-044730) account, and processing and dewatering costs will be paid from the Utilities Operating Fund/Sludge/Other Professional Services (47125736-033190) account. Funds to accommodate the unbudgeted costs will be obtained by a budget amendment if funds are not available via line transfer, to be presented to the Board at a later date. Account Number Account Descrip FY 22/23 Approved Budget 47125736-033190 Utilities/Sludge/Other Professional Services $395,000 47121836-044730 Utilities/Wastewater Treatment/Sludge Removal $475,000 RECOMMENDATION: Staff recommends the Board approve the second extension and amendment to the agreement and authorize the Chairman to execute it, after review and approval by the County attorney as to form and legal sufficiency. ATTACHMENT: Second Amendment and Extension 74 SECOND EXTENSION AND AMENDMENT TO AGREEMENT FOR OPERATIONS of the BIOSOLIDS DEWATERING FACILITY, SLUDGE DEWATERING, AND HAULING This Second Extension and Amendment to that certain Agreement to provide Operations of the Biosolids Dewatering Facility, Sludge Dewatering, and Hauling is entered into effective as of by and between Indian River County, a political subdivision of the State of Florida ("County") and Synagro South, LLC ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Operations of the Biosolids Dewatering Facility, Sludge Dewatering, and Hauling effective March 1, 2021; and WHEREAS, Article 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of March 1, 2021 and will end on February 28, 2022; and WHEREAS, the first extension commenced effective March 1, 2022 and shall end on February 28, 2023; WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one- year period; and WHEREAS, the parties desire to amend Article 4 —Exhibit A Pricing; NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension. 2. The second renewal term shall commence effective March 1, 2023 and shall end on February 28, 2024. Two one-year renewals remain. 3. The Exhibit A Pricing is amended to reflect new unit price and total pricing as follows: 75 Location Estimated Hauling Unit Price/gal Total Extended Price Quantity South Regional WWTF 25006 th Avenue SW 2,000,000 gals $0.0322 $64,400 Vero Beach, FL West Regional WWTF 84058 Ih Street 7,000,000 gals $0.0322 $225,400 Vero Beach, FL Central Regional WWTF 3550 49th Street 5,000,000 gals $0.0322 $161,000 Vero Beach, FL Total Annual Hauling Price $450,800 Processing/Dewatering Estimated Price per dry Total Processing Price Quantity tons produced Sludge and Septage Dewatering 2,500 dry tons $248.99 $622,475 Total Annual Cost Hauling and Processing $1,073,275 4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 76 IN WITNESS WHEREOF, the parties have caused this Second Extension and Amendment to be executed effective the day and year first set forth above. SYNAGRO SOUTH, LLC INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Joseph H. Earman, Chairman Title: (Corporate Seal) Date: Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller M. Deputy Clerk Approved: Michael Zito Interim County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 77 Fla Indian River County, Florida Memorandum TO: Board of County Commissioners THRU: Michael C. Zito, Interim County Administrator Kristin Daniels, Office of Management & Budget Director FROM: Cynthia Stanton, Risk Manager DATE: January 18, 2023 SUBJECT: Workers Compensation Settlement Justin House, Former IRC Deputy Sheriff BRIEF HISTORY OF CLAIMANT AND OF CLAIM: On October 21, 2018, afteronly3 lh months ofemployme� former Sheriff's Deputy, Justin House, was on patrol and engaged in an altercation with a suspect. He was struck in the head m u l t i p l e t i in e s with a p l a s t i c flashlight and subsequently undertook extensive medical care, primarily under the supervisor of a board-certified neurologist, and a board-certified neuropsychologist. Each specialist has found significant objective findings of traumatic brain damage and cognitive disfunction. Despite extensive discovery and investigation, there was no definitive evidence of a pre-existing conditions to terminate benefits. MEDICAL HISTORY: Following the battery with the flashlight, t he employee treated with Psychiatrist, Dr. Fernando Miranda w h o m identified multiple areas evidencing traumatic brain injuries, consistent with the documented cognitive and behavioral deficits. Neuropsychologist, Dr. Whitney Legler, also accepts and believes all subjective complaints and symptoms and has opined that the former employee is incapable of sustaining employment in any capacity. Dr. Miranda had similar opinions on the future employability of Mr. House. EXPOSURE EVALUATION: At the time of mediation, the employee was 39.17 years of age, and has a life expectancy of a n a d d i t i o n a 1 39.45 years. He would be entitled to 3% annual increases on permanent/total supplemental benefits through age 62, or for nearly another 23 years. The former employee would also potentially be entitled to permanent total disability benefits at his compensation rate of $634.81 per week, through the age of 75. W SETTLEMENT DEMAND: At the private mediation held on September 27, 2022, the parties reached a tentative and contingent settlement of $525,000.00, inclusive of a professionally administered MSA, attorneys' fees and costs. Following mediation, the contingent settlement of $525,000 was reviewed by Jason Brown, Dylan Reingold, Kristin Daniels, Cynthia Stanton, Laura Turner and Nathan McCollum of the Sheriff's Office. After a lengthy discussion, Indian River County requested the employee re-evaluate the $525,000 to consider a significantly lower Medicare Set -Aside (reduced from $240,000 to $151,000), and to include an offset for potential future social security disability benefits. As a result, the employee's side decreased their settlement demand by $126,832.50 with a final demand of $398,167.50. FUNDING: The final settlement, in the amount of $398,167.50, will be paid out of the Self -Insurance Fund/Risk Management/Workers Compensation account, number 50224619-012140. Account Description Paid to Date Indemnity: $108,652.62 Medical: $51,642.76 Expenses: $40,124.32 Total: $200,419.70 SETTLEMENT DEMAND: At the private mediation held on September 27, 2022, the parties reached a tentative and contingent settlement of $525,000.00, inclusive of a professionally administered MSA, attorneys' fees and costs. Following mediation, the contingent settlement of $525,000 was reviewed by Jason Brown, Dylan Reingold, Kristin Daniels, Cynthia Stanton, Laura Turner and Nathan McCollum of the Sheriff's Office. After a lengthy discussion, Indian River County requested the employee re-evaluate the $525,000 to consider a significantly lower Medicare Set -Aside (reduced from $240,000 to $151,000), and to include an offset for potential future social security disability benefits. As a result, the employee's side decreased their settlement demand by $126,832.50 with a final demand of $398,167.50. FUNDING: The final settlement, in the amount of $398,167.50, will be paid out of the Self -Insurance Fund/Risk Management/Workers Compensation account, number 50224619-012140. Account Description I Account Number Amount Self -Insurance Fund/Risk Management/Workers Compensation 50224619-012140 $398,167.50 RECOMMENDATION: This claim was evaluated by the County's excess Workers Compensation carrier and it is recommended that the Board of County Commissioners approve the final settlement of $398,167.50 to resolve this claim. All medical information contained in this report is already publicly accessible on the Florida Offices of the Judges of Compensation Claims website at www.icc.state.fl.us/icc/ 79 7F INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael Zito; Interim County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director Brian Freeman, AICP; MPO Staff Director FROM: Mark Vietze; MPO GIS Planner DATE: January 23, 2023 SUBJECT: First Renewal of Sublease Agreement with the Senior Resource Association for the Main Transit Hub It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 31, 2023. DESCRIPTION & CONDITIONS The Senior Resource Association (SRA) is Indian River County's Community Transportation Coordinator (CTC) and public transportation operator. SRA operates the GoLine fixed -route system, which uses the facility located at 1225 16th Street, Vero Beach, as its main transit hub. That facility, which was built by the County on land that is leased from the City of Vero Beach, was constructed with grant funding from the Federal Transit Administration (FTA). Because Indian River County is the recipient of federal grant funding for public transportation, and because the facility is located on land owned by the City of Vero Beach and leased to the County, the County is seeking at this time to renew the formal sublease agreement with SRA for the use of the Main Transit Hub until June 30, 2025 (Attachment 1). A copy of the existing sublease is also provided (Attachment 2). RECOMMENDATION Staff recommends that the Board of County Commissioners approve the sublease and authorize the Chairman to execute the lease. ATTACHMENT 1. First renewal to sublease lease agreement 2. Sublease agreement (executed in 2017) C:\Granicus\Legistar5\L5\Temp\80e19265-b114-4120-a2d2-0e28890c7351.docx 80 FIRST RENEWAL TO SUBLEASE AGREEMENT THIS FIRST RENEWAL TO SUBLEASE AGREEMENT ("First Renewal") is entered into this _ day of "2023, by Indian River County, Florida, a political subdivision of the State of Florida, whose address is 1800 27th Street, Vero Beach, Florida ("County"), and Senior Resource Association, Inc., a Florida non-profit corporation, formerly known as Council on Aging, Inc., whose address is 694 14th Street, Vero Beach, FL 32960 ("SRA"). BACKGROUND RECITALS: WHEREAS, the Parties entered into a Sublease Agreement ("Sublease") dated July 1, 2017, for use of the Main Hub on City owned land located at 1225 16th Street, Vero Beach, Florida; and WHEREAS, the term of the Sublease was for five years in order to provide the Tenant with use of the Main Hub for passenger operations; and WHEREAS, the Parties desire to extend the term of the Sublease nunc pro tunc for an additional three years; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as follows: 1. Recitals. The above recitals are true and incorporated as a part of this document by reference herein. 2. Extension. The term of the Sublease dated July 1, 2017 is hereby extended an additional three years, now terminating on June 30, 2025. 4. Existing Terms and Conditions. Other than the above stated First Renewal, the terms and conditions of the Sublease shall remain in full force and effect. THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY. RE SUBLEAS I EAOMMENT V'woSea,, Fl F.I. Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney O� Consent Agenda - B. C. C. 1. 31.23 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners ATTORNEY FROM: Dylan Reingold, County Attorney DATE: January 18, 2023 SUBJECT: First Amendment to Aircraft Rescue and Firefighting (ARFF) Agreement BACKGROUND. On April 5, 2022, the Indian River County Board of County Commissioners ("Board") approved the On - Airport Lease and Aircraft Rescue and Firefighting (ARFF) Agreement (collectively, the "Agreements") with the City of Vero Beach. On June 6, 2022, the Board approved revised Agreements which made the Agreements retroactive to October 1, 2021. Recently, the City approached the Emergency Services District ("District") about Breeze Airways beginning service at the Vero Beach Airport in February 2023. In order for Breeze Airways to be able to utilize the Vero Beach Airport, the District needs to provide additional services. Thus, the City and District staff quickly worked together to negotiate a First Amendment to the ARFF Agreement, in which the District will provide a Class A Fire Pumper carrying a minimum of 750 gallons of water or a 3,000 gallon Water Tanker. The District will also provide a State of Florida Certified Firefighter who is trained and qualified in the efficient and safe operations of that vehicle and who meets the specific certification requirements. The City will pay the District an additional sum of $200 per scheduled single flight and $400 per scheduled double flight. The First Amendment also contains re -opener provisions for increased costs due to collective bargaining negotiations and changes in the duration of the flights. Finally, the City will provide the District with a schedule of flights so that the District can provide proper staffing under the First Amendment. FUNDING. Based upon the current Breeze Airways flight schedule the expected additional revenue under the First Amendment to ARFF Agreement is $3600 in February, $4400 for March, $4800 for April and $2000 for the first half of May. Funding received per the agreement will be deposited into the Emergency Services District/Service Charges/Fire Protection Services account number 114034-342220 to offset the additional expenses incurred by the District. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the First Amendment to Aircraft Rescue and Firefighting (ARFF) Agreement and authorize the chair to execute the First Amendment after review and approval by the County Attorney. c.•ic anim Vx,*W5M ITmplaIW&97adsra0a"&w-nisoasmu.da 89 ATTACHMENTS. First Amendment to Aircraft Rescue and Firefighting (ARFF) Agreement C: IGrani—lLegis-51L51Templa/9J8e97-dd8f40a6-88ac- 7U50652,25. dc FIRST AMENDMENT TO AGREEMENT TO PROVIDE AIRCRAFT RESCUE AND FIREFIGHTING SERVICES BETWEEN THE CITY OF VERO BEACH AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT THIS FIRST AMENDMENT TO AGREEMENT TO PROVIDE AIRCRAFT RESCUE AND FIREFIGHTING SERVICES (hereinafter "Amendment") is made and entered into this day of , 2023 ("Effective Date"), by and between the CITY OF VERO BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the state of Florida, whose mailing address is P.O. Box 1389, Vero Beach, Florida 32961-1389 (hereinafter "City"), and THE INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, organized under the laws of the state of Florida, whose mailing address is 1801 27th Street, Vero Beach, FL 32960 (hereinafter "District"). City and District may also be referred to herein individually as a "party" or collectively as the "parties." RECITALS WHEREAS, City and District entered into an Agreement to Provide Aircraft Rescue and Firefighting Services dated October 1, 2021 ("Agreement") to the Vero Beach Regional Airport ("Airport") located at 3400 Cherokee Drive, Vero Beach, Florida (hereinafter "Premises"); and WHEREAS, City and District agree to amend this Agreement to meet the ARFF index requirements for operation of an additional water truck, as provided by the County, for use by an additional aircraft carrier, NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and District, intending to be legally bound, do hereby mutually agree as follows: 1. The foregoing "WIIEREAS" clauses are hereby adopted by the parties and incorporated herein as part of the basis for this Amendment. 2. During the duration of this Amendment, Article 4 of the Agreement (ARFF Vehicles, Minimum Obligations and Responsibilities) shall be amended to require District to provide a Class A Fire Pumper carrying a minimum of 750 gallons of water or a 3,000 -gallon Page 1 of 4 91 C:\UwnN.epnn5\L9\iemp`ds66681 &5096489]A�96aPo]61nb9ULdon Water Tanker, so that the total quantity of water for foam production carried by both vehicles is at least 1,500 gallons, as outlined in § 139.317(b)(2)(ii). The District shall also provide a State of Florida Certified Firefighter who is trained and qualified in the efficient and safe operations of that vehicle and who meets the certification requirements under Title 14, Code of Federal Regulations (CFR), Part 139 (14 CFR Part 139). 3. During the duration of this Amendment and up until October 1, 2023, Article 3 (Payment, Payment Adjustments) of the Agreement shall be amended to require City to pay to District an additional sum of $200 per scheduled single flight and $400 per scheduled double flight as made by the additional aircraft carrier. The schedule of flights through September 4, 2023, is as set forth in Exhibit "A" to this Amendment. Changes to the amounts owed by City to District will be adjusted annually beginning October 1, 2023 to reflect the cost of the District to provide such services. Additionally, any financial impact to the District due to changes to the duration of the single, four hours, and double, eight hours, flights will be addressed in a subsequent amendment. 4. During the duration of this Amendment, if the City provides notice of cancellation of a single or double flight at least 24 hours before the scheduled flight to the Indian River County Emergency Services Director, the City may deduct the required monthly payment, as adjusted by this Amendment, for the cost charged for such service. 5. On July 31St, City shall provide District with a schedule of flights for September 2023 through December 2023, which shall serve as the basis for the increased monthly payment for that period as described in section 3 above. Every four months, beginning November 30, 2023, the City shall provide four-month schedules to District. 6. The remaining terms and conditions of the Agreement shall remain in full force and effect, unless specifically amended by agreement of the Parties. 7. This Amendment shall be binding upon, and shall inure to the benefit of, City and District and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Amendment on the date first written above. Page 2 of 4 C:`AmicM Me U\Te W66b61&5096<697-W61ube0fd . 92 SIGNATURE PAGES TO FOLLOW DISTRICT: INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, ATTEST: By its Board of County Commissioners Sign: Jeffrey R. Smith Clerk of Court and Comptroller Joseph H. Earman Chairman [SEAL] Approved by BCC: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 2023, by JOSEPH H. EARMAN, Chairman of the Board of County Commissioners, on behalf of INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, who ❑ is personally known to me or ❑ has produced as identification. Seal: Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Approved as to County policy: Michael C. Zito, Interim County Administrator C:1(h -dT.pn UkTempWW6b6163096 97409 W61nb60Cd Sign: Notary Public, State of Florida at Large Print Name: Notary Commission No.: My Commission Expires: Page 3 of 4 93 CITY: CITY OF VERO BEACH, FLORIDA ATTEST: Tammy K. Bursick City Clerk Date: (Seal) STATE OF FLORIDA COUNTY OF INDIAN RIVER John E. Cotugno Mayor The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 2023, by John E. Cotugno, as Mayor, and attested by Tammy K. Bursick, as City Clerk of the City of Vero Beach, Florida. Both are personally known to me. Sign: Notary Public, State of Florida at Large Seal: Print Name: Notary Commission No.: My Commission Expires: ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency Approved as to conforming to municipal for COVB only: policy: John S. Turner City Attorney Approved as to financial requirements: Cynthia D. Lawson Finance Director Monte K. Falls, P.E. City Manager Approved as to technical requirements: J. Todd Scher Airport Director Page 4 of 4 94 C:U3emicwLLepmAV.S\ie�M666818S096d89]-Ba98r@'161sb80fdocx am INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Human Services Date: January 24, 2023 To: The Honorable Board of County Commissioners Thru: Michael C. Zito, Interim County Administrator Beth Powell, Interim General Services Director/Parks and Recreation Director From: Leigh A. Uribe, Human Services Program Coordinator Subject: Appointment of Chairman to Children's Services Advisory Committee BACKGROUND On May 17, 2022, the Board of County Commissioners adopted Ordinance 2022-007 which amended Part II of Chapter 103 (Commissions and Boards) to update various aspects of the Children's Services Advisory Committee (CSAC). DESCRIPTION AND CONDITIONS During the CSAC meeting on January 9, 2023, the vice chair and sub -committee chairs were elected by a majority vote of the advisory committee. Pursuant to Section 103.22 (7) of Ordinance 2022-007, the Board of County Commissioners is required to appoint a chair of the CSAC for a term of one year. Miranda Swanson (previously Hawker), Administrator for the Indian River County Health Department, has served for many years as the Chairman. Ms. Swanson indicated at the January meeting that she is available to serve for an additional year as Chair of the CSAC. RECOMMENDATION Staff respectfully requests that the Board of County Commissioners appoint Miranda Swanson as Chairman of the Children's Services Advisory Committee. ATTACHEMENTS APPROVED AGENDA ITEM FOR JANUARY 31, 2023 95 1 CONSENT BCC Meeting 01/31/2023 �c s �Zonio� INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Recreation Date: January 18, 2023 To: The Honorable Board of County Commissioners Through: Michael C. Zito, Interim County Administrator Kristin Daniels, Budget Director From: Beth Powell, Interim General Services Director/Parks and Recreation Director Subject: Work Order Number 2, Amendment No. 1 - Fran B. Adams North County Regional Park Restroom Facility BACKGROUND: Engineering Services Agreements for RFQ 2018008 between Indian River County and Masteller and Moler Inc. On May 18, 2021, Renewal and Amendment No. 1 were executed for continuing engineering services. On August 18, 2020, the Board Approved Work Order Number 2 for Masteller and Moler Inc. in the amount of $47,610.00 under the Continuing Consulting Engineering Services Agreements for RFQ 2018008, Renewal and Amendment No. 1. The approved Work Order Number 2 provides for various engineering services for the design, permitting and construction administration for a new restroom. This Amendment Number 1 to Work Order 2 will provide for revised engineering design and preparation of construction plans, revised electrical engineering services, permit reacquisition, and permit application responses. The total for Work Order 2 Amendment 1 is $12,065.00. FUNDING: Funding for Amendment No. 1 to Work Order Number 2 is budgeted and available in the Impact Fees/Parks/North County Soccer Improvements account, number 10321072-066390- 16005 in the amount of $12,065.00. Description A count Number Amount Impact Fees/Parks/North County Soccer 10321072-066390-16005 $12,065 Improvements RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 2, Amendment No. 1, with Masteller and Moler Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 1, Work Order Number 2. ATTACHMENT: Amendment No. 1 CCNA2018 Work Order 2 (Parks) Fran B. Adams North County Regional Park Restroom Facility DISTRIBUTION Masteller and Moler, Inc. 97 AMENDMENT NUMBER 1 CCNA2018 WORK ORDER 2 (PARKS) FRAN B. ADAMS NORTH COUNTY REGIONAL PARK RESTROOM FACILITY This Amendment 1 to Work Order Number 2 is entered into as of this _ day of 20. pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of the 17th day of April, 2018 (collectively referred to as the "Agreement"), and that certain Extension of Continuing Contract Agreement for Professional Services entered into as of the 18th day of May, 2021 (collectively referred to as the "Agreement") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Masteller & Moler, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 2, Effective Date August 18, 2020. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), and within the timeframe more particularly set forth in Exhibit A (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. 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 Amendment 1 to Work Order 2 as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS MASTELLER & MOLER, INC OF INDIAN RIVER COUNTY BY: 0l�lIM B Sean . reen, Joe Earman, Chairman Title: Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved Michael C. Zito, Interim County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 9.1 M J MASTELLER & MOLER, INC. MI —CIVIL ENGINEERS EXHIBIT A 165527 th Street, Ste. 2, Vero Beach, FL 32960 (772) 5674300 The Indian River County Parks and Conservation Services Department (IRCPCSD) plans to install a restroom building (provided by others) adjacent to the existing playground area located just north of the softball diamonds at the Fran B. Adams North County Regional Park (WW Ranch Rd & C.R. 512). Under Work Order 2, Masteller & Moler, Inc. (MM) performed engineering design and preparation of construction plans, site planning and project permitting, and is authorized to perform bidding services and construction administration and observation services. The project design and permitting phese of the project was completed in October of 2021, and since that date IRCPCSD has selected a different restroom building to be utilized for the project, and several of the permits have expired/ will expire prior to the anticipated date of construction commencement. This Amendment Number 1 to Work Order 2 proposes to provide additional design and permitting services such that IRCPCSD can be in a position to formally bid and construct the project. Scope of Work: Task I — Revised Engineering Design & Preparation of Construction Plans: We shall revise the engineering design as needed to account for the new restroom building footprint, elevations, utility services to within five (5) feet of the new building. Consultant shall prepare plans and specifications which shall include the revised site, grading, and utility plans specific to the newly selected restroom building. Our services shall also include the necessary coordination with the selected Architect for the project such that Tasks I, K, & L of this Amendment Number 1 may be completed. Task J — Revised Electrical Engineering Services: We shall use the services of. -our electrical engineering sub -consultant Treasure Coast Engineering to provide electrical engineering services for the building redesign. The electrical engineering services will generally include ensuring adequate power is delivered to the restroom building site and furnishing of revised electrical plans and diagrams as necessary. Task K — Permit Reacquisition: We shall update the necessary permit applications to include the new building and revised plan information and make reapplications as necessary for the following permits: • IRC Administrative Approval Resubmittal/ Modification (Review fee $400.00) • IRC Utility Construction Permit (Review fee $154.50) • IRC ROW Permit (Permit extension, assumed no fee required) • IRC SWMS Permit Modification (No fee required) • St. John's River Water Management District (SJRWMD) Letter Modification Resubmittal (Review fee estimated at $270.00) Permit Application fees are not included in this Work Order. Page 1 of 2 99 MJ MASTELLER & MOLER, INC. M1 — CIVIL ENGINEERS 1655 2711 Street, Ste. 2, Vero Beach, FL 32960 (772) 567-5300 Task L— Permit Application Responses: Upon receipt of Requests for Additional Information (RAI's) from Indian River County and SJRWMD staff, we will work closely with the Project Team to develop responses to agency concerns. As the scope of work to respond to these specific agencies' concerns is not well defined, we propose to perform Task L based on hours expended multiplied by the appropriate job classification rate set forth in Revised Exhibit 1 attached to the Renewal and Amendment No. 1 to Agreement for a not -to -exceed amount as listed in the fee schedule below without prior authorization from County. Fee Schedule: Task I — Revised Engineering Design & Preparation of Construction Plans $ 5,730.00 Task J — Revised Electrical Engineering Services $ 690.00 Task K — Permit Reacquisition $ 3,125.00 Task L — Permit Application Responses $ 2,520.00 Time Schedule: 1. Amendment No.1 shall be completed as follows: A. Revised Design & Submittal of Permit Applications 30 Working Days 2. Deliverables —the ENGINEER shall provide the COUNTY: A. Revised Construction Plans (2 signed & sealed copies + digital) B. Permit Applications for Signature File#20016LI (Y:\mm\Projects\2020\20016 - N Co Park Restroom\ADMIN\Contracts\Amend #1- New Bldg\20016LI_WO2_AmendNol_22-1024.docx) Page 2 of 2 100 CONSETT BCC Me INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation Date: January 22, 2023 To: The Honorable Board of County Commissioners Thru: Michael C. Zito, Interim Assistant County Administrator From: Beth Powell, Interim General Services Director/Parks and Recreation Director Subject: Template Emergency Beach Access Agreement BACKGROUND: During the week of September 25, 2022, Indian River County experienced damages from Hurricane Ian which was a Category 3 Hurricane creating damage and coastal erosion throughout peninsular Florida and the coastal areas of Indian River County. Shortly thereafter on November 10, 2022, Hurricane Nicole made landfall just south of Indian River County on North Hutchison Island with 75 mph winds. This storm created significant dune and beach erosion in Indian River County resulting in the necessity for emergency dune restoration efforts. Indian River County has begun dune restoration projects on several County beach access points and parks and the Parks Division has begun receiving requests from private residences and home owner associations to utilize the beach park/access points for their own emergency dune restoration efforts. DESCRIPTION AND CONDITIONS: Currently, the Parks Division can issue permits under Section 205.04 — Permits for activities such as special events, however this permit process precludes the ability to close the park to the public. Staff has consulted with the County Attorney and drafted a Template Emergency Beach Access Agreement which would allow for the use of a County beach park/access for heavy equipment access to complete private emergency dune restoration activities on parcels that have obtained an emergency permit. These Emergency Beach Access Agreements would be issued upon evidence of all requirements including certificate of insurance naming Indian River County as additional insured, restoration plan, schedule, and staffing the closure of the beach park/access during the specified period. The Emergency Beach Access Agreements would be issued only in concurrence with Post Hurricane Ian — Emergency Final Order Permits (FDEP EFO No. 22-2602) and Post Hurricane Nicole — Emergency Final Order Permits (FDEP No. 22-2816). FUNDING: No funding is required for the subject task. RECOMMENDATION: C:\Granicus\Legistar5\L5\Temp\cafa7d3e-eeda-464e-891e-51c76466b01c.doc 101 Staff respectfully requests that the Board of County Commissioners approve the Template Emergency Beach Access Agreement and authorize the Parks and Recreation Director to sign agreements on their behalf upon review and approval by the County Public Works Director, Natural Resources Manager, Risk Manager, and County Attorney. ATTACHMENTS: Template Emergency Beach Access Agreement APPROVED AGENDA ITEM FOR JANUARY 31, 2023 C:\Granicus\Legistar5\L5\Temp\cafa7d3e-eeda-464e-891 a-51 c76466bO1 c.doc 102 EMERGENCY BEACH PARK LICENSE AGREEMENT Indian River County ("County") hereby authorizes and his agents, representatives and contractors (collectively "Licensee") to use the established beach access point at ("Park") for the limited purpose of locating certain heavy equipment onto the beach to perform emergency dune and beach access repairs on Licensee's property located at Use of the Park for this purpose is limited to between , 2023 and , 2023 between the hours of 7:30 AM — 5:30 PM (the "License Period"), and is subject to the following terms and conditions: 1) Licensee shall operate all equipment, or cause all equipment to be operated, in a safe and prudent manner, and in accordance with any measures deemed necessary for public safety by County staff. 2) Licensee shall (a) keep the gates to the Park securely locked at all times except when opened for the passage of Licensee's equipment, (b) manage in a timely and efficient manner any traffic issues that arise as a result of Licensee's use of the Park, and (c) prohibit any public vehicular or pedestrian use of the Park during Licensee's emergency dune and beach access repairs. Licensee shall post "Beach Closed" signs at the Park entrance during Licensee's dune and beach access repairs. 3) Any sand needed to establish a "sand ramp" for equipment to access the beach, or to perform the emergency dune and beach access repairs, shall be provided by Licensee. No use of existing sand from the Park or beach shall be allowed. Any damage by Licensee to the Park shall be repaired to the satisfaction of the County and at no cost to the County. The agreed upon access route shall be inspected by County staff with the Licensee present, prior to the equipment mobilization to the identified Park. The Licensee shall restore any pavement striping, signage, vegetation (includes dune vegetation) and improvements that may have been damaged as a direct or indirect result of the Licensee's construction activities to an equal or better condition upon completion of the work under this Agreement and demobilization of equipment, facilities, vehicles and crew from the Park. 4) The County assumes no liability for loss of or damage to Licensee's equipment or personal property staged or stored at the Park. Any such equipment or property shall be staged or stored at the sole risk of Licensee. 5) Licensee shall minimize construction impacts on adjacent properties (i.e. work hours 7:30 AM — 5:30 PM, construction noise, equipment vibration, etc.). 6) Licensee shall indemnify the County for any damage to Park structures, roads, vegetation or other Park features or County property resulting from Licensee's performance of the dune and beach access repairs, or this License Agreement. Any such damage shall be repaired to the satisfaction of the County, or Licensee shall pay to 103 the County the reasonable cost to repair any such damage as determined by the County. Licensee shall also indemnify and hold harmless the County, commissioners, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Licensee and persons employed or utilized by the Licensee in the performance of the dune and beach access repairs, or this License Agreement. 7) Licensee shall maintain, or cause to be maintained, during the License Period, the insurance policies and coverage limits set forth: Insurance: • Licensee's and Subcontractor's Insurance: The Licensee shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the County, nor shall the Licensee allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work is covered by the protections afforded by the Licensee's insurance. • Worker's Compensation Insurance: The Licensee shall procure and maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the Licensee shall provide adequate coverage for the protection of such employees. • Public Liability Insurance: The Licensee shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General (Public) Liability, other than Automobile $1,000,000.00 Combined single limit for Bodily Injury and Property Damage Commercial General A. Premises / Operations B. Independent Contractors C. Products / Completed Operations D. Personal Injury E. Contractual Liability F. Explosion, Collapse, and Underground Property Automobile A. County Leased Automobiles $1,000,000.00 Combined Single B. Non -Owned Automobiles limit Bodily Injury and Damage C. Hired Automobiles Liability D. Owned Automobiles • Proof of Insurance: The Licensee shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required. Such certificate or an endorsement provided by the contractor must state that the County will be given thirty (30) days written notice prior to cancellation or material change 104 in coverage. Copies of an endorsement -naming County as Additional Name Insured must accompany the Certificate of Insurance. 8) Insurance certificates attached hereto as Composite Exhibit A. 9) At the completion of Licensee's project or expiration of the license, whichever occurs first, Licensee shall return the Park to substantially the same condition as it was at the beginning of the lease, to the County's sole satisfaction. 10) Licensee shall perform its work in strict compliance with any permit issued for the project. If at any time Licensee does not adhere to the permit conditions or above conditions, the County may order the work to immediately cease until Licensee brings the project into compliance. Violation of permit conditions and/or the terms of this License Agreement may result in termination of the License Agreement by the County forthwith and at no cost to the County. LICENSEE REFERENCE EMERGENCY PERMIT: NAME, ADDRESS, EMAIL of Permit Holder Signed: Date Print Name: Title: INDIAN RIVER COUNTY, FL IRC Natural Resources Manager IRC Public Works Director IRC Risk Manager IRC Attorney Parks and Recreation Director Date 105 b INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael C. Zito, Interim County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Kirstin Leiendecker, P.E., Interim Assistant Public Works Director SUBJECT: Jackie Robinson Training Complex Ticket Office Renovations Change Order No. 1 and Release of Retainage (IRC -2020) DATE: January 17, 2023 DESCRIPTION AND CONDITIONS On March 15, 2022, the Board of County Commissioners awarded Bid No. 2022026 to De La Hoz Builders, Inc. in the amount of $413,790.34 for interior renovations to the Jackie Robinson Training Complex Ticket Office building that include drywall replacement, wall relocations, removal and replacement of selected floor coverings, ceiling grid and tiles, as well as plumbing upgrades. De La Hoz Builders, Inc. has successfully completed the project and has been paid $393,100.82 with $20,689.52 held in retainage to date. De La Hoz Builders, Inc. has submitted Contractor's Application for Payment No. 5 for release of retainage in the amount of $20,689.52. Change Order No. 1 is to make final adjustments to contract time. FUNDING Funding in the amount of $20,689.52 is budgeted and available from the following account: Optional Sales Tax/JRTC Improvements/Retainage Account No. 315-206001-17003 -De La Hoz Builders $20,689.52 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 5 to De La Hoz Builders, Inc. in the amount of $20,689.52 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Contractor's Application for Payment No. 5 2. Change Order No. 1 APPROVED AGENDA ITEM FOR JANUARY 31, 2023 W. SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: 1/31/2023 EFFECTIVE DATE: 1/31/2023 OWNER: Indian River Countv CONTRACTOR De La Hoz Builders, Inc. Project: JACKIE ROBINSON TRAINING COMPLEX TICKET OFFICE RENOVATIONS OWNER's Project No. IRC -2020 OWNER'S Bid No. 2022026 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final contract time adjustments. Attachment: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $413,790.34 Net decrease of this Change Order: $0 Contract Price with all approved Change Orders: $413,790.34 ACCEPTED: By: De La Hoz Builders, Inc. CONTRACTOR (Signature) CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion: 120 Final Completion: 150 Net increase of this Change Order: (days) Substantial Completion: 39 Final Completion: 39 Contract Time with all approved Change Orders: (days) Substantial Completion: 159 Final Completion: 189 RECOMMENDED: By: Kirstin Leiendecker, Interim Assistant Public Works Director ENGINEER (Signature) APPROVED: By: Richard B. Szpyrka, Public Works OWNER (Signature) 00942-1 IRC-2020_COl-21? F:\Pubbc Works\ENGINEERING DIVISION PROJECTS\2020 IRTC Ticket Office Renovations\I-Admm4lgenda Items\Project Closeout\IRC-2020_COl_202313.doc CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: Jackie Robinson Training Complex Ticket Office Renovations PROJECT NO. IRC -2020 BID NO. 2022026 Item No. Description Unit Quantity Unit Price Price Increase Price Decrease WCD-1 REPLACE CEILING LIGHTS, CEILING TILES - NO CHARGE LS 1 0.00 WCD-2 INSTALL EPDXY FLOOR/REPLACE SHOWER VALVES/MOLD REMEDIATION/A-C PIPES LS 1 27,462.00 27,462.00 WCD-3 REPLACE TOILETS/URINALS/SINKS LS 1 17,635.00 17,635.00 WCD-4 ADD TOILET REPAIR WATER LINE LS 1 727.00 727.00 WCD-5 ADD PATCH MAJOR DAMAGES AT EXISTING WALLS & PAINT EXISTING DOORS LS 1 9,604.00 9,604.00 WCD-6 CREDIT FOR PLUMBING CONTRIBUTION LS 1 -5,428.00 51428.00 Force Account 50,000.00 SUBTOTALS 55,428.00 55,428.00 JRTC TICKET OFFICE RENOVATIONS TOTAL -T $0.00 108 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\2020 JRTC Ticket Office Renovations\1-AdminWgenda Items\Project Closeout\IRC-2020_C01_ 2023131 rim INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Michael Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Sector 5 Beach and Dune Restoration Project (IRC1923) APTIM, Work Order No. 2018029-11, Year 3 Post -Construction Environmental Monitoring DATE: January 19, 2023 DESCRIPTION AND CONDITIONS On April 3, 2018, the Board approved a contract with APTIM Environmental & Infrastructure, LLC. (APTIM) for professional coastal engineering and biological support services related to the management and restoration of the Sector 5 (City of Vero Beach) beach project area. The Sector 5 project area is approximately a 3 -mile section of shoreline that extends just north of Tracking Station Beach Park south to the Gables Oceanfront Condominiums and sustained damages from Hurricanes Matthew (2016) Irma (2017) and Dorian (2019). Construction of the large-scale beach and dune nourishment project was completed February 2020. Regulatory permits issued for the beach restoration activities identify post -construction related monitoring to be performed on a set schedule for several years following completion of construction. These monitoring activities are evaluated to demonstrate compliance with permit conditions. In the case of the Sector 5 Beach and Dune Restoration project, year 3 post - construction monitoring requires the biological monitoring of the nearshore hardbottom resources adjacent to the project area. Year 3 post -construction sea turtle and shorebird nest monitoring is performed under the County's routine Habitat Conservation Plan (HCP) data collection and reporting activities. The proposed Work Order No. 2018029-11, in the amount of $93,129.12, provides professional services for permit required year 3 post -construction environmental monitoring including: • Year 3 Post -Construction Biological Monitoring of Nearshore Hardbottom All subsequent annual post construction environmental monitoring of the Sector 5 Project area will be addressed through future work orders. Page 2 of 2 BCC Agenda Item Sector 5 Beach Restoration Year 3 Post -Construction Monitoring Item for January 31, 2023 FUNDING Funding for Year 3 Post -Construction Environmental Monitoring in the amount of $93,129.12 is budgeted and available for the Sector 5 Beach Nourishment Project in the Beach Restoration Fund/Sector 5 Post -Construction Monitoring, Account No. 12814472-033490-15021. Account Name I Account No. I Amount Sector S Post -Construction Monitoring 12814472-033490-15021 1 $93,129.12 RECOMMENDATION Staff recommends the BCC authorize Work Order No. 2018029-11 in the total lump sum amount of $93,129.12. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018029-11. ATTACHMENTS APTIM Work Order No. 2018029-11 Work Order No. 2018029-11 Agreement Execution APPROVED AGENDA ITEM FOR: January 31, 2023 110 A�� APTIM January 19, 2023 Eric Charest Natural Resources Manager Indian River County Public Works Coastal Division 1801 27th Street, Vero Beach, FL 32960 Subject: Indian River County, FL Sector 5 — 2018029 — Work Order #11 Year 3 Post -Construction Environmental Monitoring Dear Eric: Aptim Environmental & Infrastructure, LLC 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County (the County) in support of the Sector 5 Beach and Dune Restoration Project. The scope of work described herein is to support the County with the following: 1. To conduct the Year 3 Post -Construction Nearshore Hardbottom Biological Monitoring The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated April 3, 2018, to provide engineering and biological support services in support of the Sector 5 Beach and 'Dune Restoration Project (RFQ#2018029). Task 1: Year 3 Post -Construction Nearshore Hardbottom Biological Monitoring The Sector 5 Year 3 Post -Construction nearshore hardbottom biological monitoring will be managed and conducted by APTIM with the assistance of APTIM's approved subconsultant, Coastal Protection Engineering LLC (CPE). APTIM and CPE will meet with the County on a weekly basis to provide a status report of the monitoring. The Biological Monitoring Plan developed for the Sector 5 project during permitting requires post -construction biological monitoring of the hardbottom resources adjacent to the project area to monitor for potential secondary impacts. The scope for this task is based on the FDEP-approved Biological Monitoring Plan (FDEP Permit No. 0363427 -001 -JC and Mod. No. 0363427 -002 -JC). The post -construction nearshore hardbottom monitoring shall include: 1) Hardbottom edge mapping 2) Monitoring permanent transects Task 1: Scone of Work 1) Hardbottom Edge Mapping: APTIM shall map the position of the nearshore hardbottom edge for the entire Sector 5 project area, including 111 January 19, 2023 :,:AAPTIM Page 2of4 1000 feet north (updrift) and 2000 feet south (downdrift) of the project area (R-69.5 to R-87) for a length of approximately 3.6 miles. A buoy with a Differential Global Positioning System (DGPS) antenna linked to a topside laptop computer running HYPACK navigational software will be towed by divers to record the position of the nearshore hardbottom edge. The divers will follow the inshore contour of the most prominent hardbottom-sand border. The purpose of the survey is to provide a comparison for -pre -and all subsequent post -construction edge delineations. 2) Monitoring Permanent Transects: Twenty (20) transects were established along the length of project influence, which includes 1000 feet north (updrift) and 2000 feet south (downdrift). This includes nine (9) biological monitoring transects and eleven (11) sediment only transects. All transects were established perpendicular to the shoreline and extend from the nearshore hardbottom edge to a maximum distance of 50 meters seaward. APTIM will conduct the Year 3 Post -Construction biological survey of the hardbottom using quadrat assessments, sediment measurements and video/photo documentation as detailed in the Biological Monitoring Plan. Up to nine (9) 0.5 _M2 quadrats will be sampled along each transect to quantify the benthic community. Sediment data will be collected using line -intercept and 1-m interval sediment depth measurements, and video documentation will also be collected for the length of each transect. It is anticipated that the effort to delineate the hardbottom edge and monitor the transects will take up to nine (9) field days based on previous monitoring events. The data will be compiled and incorporated into a GIS database and in situ data will be entered into an Access database. Time to complete data entry, reduction, analyses, and report production is included in the cost estimate to address the data management and reporting requirements for those 9 days of field operations. Task 1: Deliverable Raw data will be provided to FDEP and the County within 45 days of completion of the survey. This includes a PDF of the scanned datasheets, excel spreadsheets with quadrat data, interval sediment depth measurements and line -intercept data, shapefiles of the hardbottom edge survey, video and photo documentation. Additionally, APTIM will provide a map of the project area and adjacent hardbottom resources with the hardbottom edge delineation and monitoring transects overlaid onto recent, clear aerial photographs (in digital format). A Year 3 Post -Construction biological monitoring report will be generated for submittal to the County and regulatory agencies. Task 1: Schedule The Year 3 Post -Construction monitoring event will take place during summer 2023. Raw data from field operations will be submitted to the County and FDEP within 45 days and the monitoring report will be submitted within 90 days of completion of the survey. Task 1: Cost The lump sum cost for this task is $93,129.12. 112 ,`APTIM Summary January 19, 2023 Page 3 of 4 The total lump sum cost to perform the proposed work described herein for Sector 5 — 2018029 — Work Order #11 is $93,129.12. Please refer to Exhibit 1, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed work order from Indian River County. Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. Sincerely, Xt3AU11- Katy Brown Authorized Corporate Siature Lead Marine Biologist Aptim Environmental & Infrastructure, LLC Nicole S. Sharp, P.E. Printed Name cc: Nicole S. Sharp, P.E., APTIM Stacy Buck, CPE Debra Neese, APTIM Coastal Restoration & Modeling Program Manager Title 113 ;AAPTIM January 19, 2023 Page 4 of 4 EXHIBIT 1 Indian River County, Florida Sector 5 - 2018029 - Work Order #11 Year 3 Post -Construction Nearshore Hardbottom Biological Monitoring. Summary of Cost by Task Task Nuvhber Task Name Labor Equipment Materials Mobilization Subcontractors Total Year 3 Post -Construction 250.00 Sr Coastal Engineer/Prof Mngr $ 165.00 4 $ 660.00 Task 1 Nearshore Hardbottom Biological $ 47,372.00 $ 15,382.30 $ 1,425.00 $ 3,508.00 $ 25,441.82 $ 93,129.12 Monitoring $ - Marine Biologist II $ 95.00 350 $ Totals = $ 47,372.00 $ 15,382.30 $ 1,425.00 $ 3,508.00 $ 25,441.82 $ 93,129.12 Indian River County, Florida Sector 5 - 2018029 - Work Order #11 Year 3 Post -Construction Nearshore Hardbottom Biological Monitoring Summary of Labor Hours and Cost Labor Title Labor Bill Rate Year 3 Post -Construction Nearshore Hardbottom Biological Monitoring Task 1 Labor Hours Cost Principal Engineer/Sr Pro' Mngr $ 250.00 1 $ 250.00 Sr Coastal Engineer/Prof Mngr $ 165.00 4 $ 660.00 Sr. Coastal Engineer $ 165.00 18 $ 2,970.00 Senior Marine Biologist $ 135.00 - $ - Marine Biologist II $ 95.00 350 $ 33,250.00 Senior CAD Operator $ 140.00 1 $ 140.00 GIS Operator $ 105.00 8 $ 840.00 Boat Captain $ 80.00 112 $ 8,960.00 Bookkeeper $ 80.00 2 $ 160.00 Clerical $ 71.00 2 $ 142.00 Subcontractors - - $ 25,441.82 Equipment - - $ 15,382.30 Materials - - $ 1,425.00 Mobilization/Other ODCs - - $ 3,508.00 TOTAL 1- 498 1 $ 93,129.12 WORK ORDER NUMBER 2018029-11 SECTOR 5 BEACH AND DUNE RESTORATION PROJECT YEAR 3 POST -CONSTRUCTION ENVIRONMENTAL MONITORING This Work Order Number 2018029-11 is entered into as of this day of , 2023 pursuant to that certain Contract Agreement relating to Engineering and Biological support services for Sector 5 (Vero Beach) Beach and Dune Renourishment Project entered into as April 3, 2018 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental & Infrastructure, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, 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 2, 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 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY By: By: Joe Earman, Chairman Title: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Date: By: (Seal) Deputy Clerk Approved: Michael Zito, Interim County Administrator Approved as to form and legal sufficiency: Lo William K. DeBraal, Deputy County Attorney 115 CONSENT: 1/31/2023 Ofce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: January 20, 2023 SUBJECT: Resolution Cancelling Taxes Resolutions have been prepared for the purpose of earmarking the public use of the following properties and cancelling any delinquent, omitted or current taxes which may exist on the properties obtained by Indian River County: Public Purpose: Right -of -Way for RaceTrac #1422 Vero Beach Project Location/Description: 33380200001005000001.0 - 8900 20TH ST 33380200001005000002.0 - 8990 20TH ST Purchased from: RACETRAC, INC., a Georgia Domestic Profit Corporation Instrument: Warranty Deed, recorded in Book 3594, Page 2315 of the public records of Indian River County FUNDING: There is no cost associated with this item. RECONMIENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the properties purchased by or donated to Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. ATTACHMENTS: Resolution Warranty Deed cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 116 Purchased from RACETRAC, INC., a Georgia Domestic Profit Corporation Public Purpose: Right -of -Way for RaceTrac #1422 Vero Beach Project Tax Parcel Portion of Parcel Nos.: 33380200001005000001.0 - 8900 20TH ST 33380200001005000002.0 - 8990 20TH ST RESOLUTION NO. 2023- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 1 117 RESOLUTION NO. 2023 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from RACETRAC, INC., a Georgia Domestic Profit Corporation for Right -Of -Way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Special Warranty Deed describing lands, recorded in O.R. Book 3594, Page 2315 of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of January, 2023. 2 118 RESOLUTION NO. 2023 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 2 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 0 Deputy Clerk Joseph H. Earman, Chairman Tax Certificates Outstanding _ X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney K 119 CLIENT: RACETRAC PETROLEIl1 .. " iV, 12/1/22 SKETCH AND LEGAL DESCRtPTION BY PULICE LAND SURVEYORS, INC: +5381 NOB HILL ROAD +SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 • E-MAIL: surveys@pulloelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 N89049'13"W 70.00' Z +brsM'Sta;l' 'Ll..�! Np M PORTION OF TRACT 5, SECTION 2-33-36 C 'INDIAN RIVER FARMS COMPANY SUBDIVISION' M'pQ PARCEL I.D. #33380200001005000002.0 CD . - PLAT BOOK 2, PAGE 25, S.LC.R. o:; 1lt' ' 3�� ti r3_`'Y' z z • S89049'13'E 8.00' PARCEL I.D. /33380200001005000001.1 I Q M�. PARCEL I.D- i' #3338 020 0001 G05000004.0 I I UJLU 04 CRaru�,•'i� °0 � 8 Z S89049'13"E 30.00' F� POINT OF N. R/W LINE jj BEGINNING NI - S89'49'1 3"E STATE ROAD NO. 60 / 20TH STREET co. 30.00' F.D.O.T. R/W MAP SECTION 88060 —2525 f v $yUBCR(T234PLI(TOTAL) 0 Z S UNE TRACT 5 & S. LINE SECTION 2--33-3B — — — _ POINT OF COMMENCEMENT SW CORNER OF -RACT 5 CLIENT: RACETRAC PETROLEUM, INC. SCALE: 1"=100' I DRAWN: R.V. ORDER NO.: 70243 DATE: 8/8/22; REV. 1211/22 RIGHT-OF-WAY DEDICATION VERO BEACH, INDIAN RIVER COUNTY,FL FOR: RACETRAC VERO BEACH mommommoomd °4913"E 3i 00' — — C p p M'pQ PARCEL I.D. #33380200001005000002.0 C ~ M p� H� Z . z S89049'13'E 8.00' Q M�. PARCEL I.D- i' #3338 020 0001 G05000004.0 I I UJLU 04 CRaru�,•'i� °0 � 8 Z S89049'13"E 30.00' F� POINT OF N. R/W LINE jj BEGINNING NI - S89'49'1 3"E STATE ROAD NO. 60 / 20TH STREET co. 30.00' F.D.O.T. R/W MAP SECTION 88060 —2525 f v $yUBCR(T234PLI(TOTAL) 0 Z S UNE TRACT 5 & S. LINE SECTION 2--33-3B — — — _ POINT OF COMMENCEMENT SW CORNER OF -RACT 5 CLIENT: RACETRAC PETROLEUM, INC. SCALE: 1"=100' I DRAWN: R.V. ORDER NO.: 70243 DATE: 8/8/22; REV. 1211/22 RIGHT-OF-WAY DEDICATION VERO BEACH, INDIAN RIVER COUNTY,FL FOR: RACETRAC VERO BEACH mommommoomd SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR LEGEND: COMPLETE WITHOUT SHEETS 1 AND 2 O.R.B. OFFICIAL RECORDS BOOK F.D.O.T FLORIDA DEPARTMENT OF TRANSPORTATION R/W RIGHT—OF—WAY S. L. C. R. SAINT LUCIE COUNTY RECORDS 122 J_ SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR LEGEND: COMPLETE WITHOUT SHEETS 1 AND 2 O.R.B. OFFICIAL RECORDS BOOK F.D.O.T FLORIDA DEPARTMENT OF TRANSPORTATION R/W RIGHT—OF—WAY S. L. C. R. SAINT LUCIE COUNTY RECORDS 122 Dylan Reingold, County Attorney William K. DeBraaL Deputy County Attorney Susan J. Prado, Assistant County Attorney 'Pi Consent Agenda - B. C. C. 1. 31.23 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 24, 2023 SUBJECT: General Obligation Bond Resolution ATTORNEY BACKGROUND. On November 8, 2022, the voters of Indian River County approved a referendum to acquire and permanently preserve environmentally significant lands to restore the Indian River Lagoon, protect water resources, natural areas, wildlife habitat, drinking water resources, construct public access improvements related thereto and authorizing Indian River County to issue general obligation bonds up to $50,000,000. In order to move forward, outside counsel for the County has drafted the attached General Obligation Bond Resolution. Once adopted, the resolution will serve as the base document and start the process for the County to be able to issue up to $50,000,000 in general obligation bonds at one time or from time to time to finance the cost of acquiring and preserving environmentally sensitive lands and constructing public access improvements reacted thereto within the County, consistent with the referendum approved by the voters. FUNDING. Staff plans to bring an item before the Board for approval over the next few months regarding the land advisory committee participants, the final land acquisition program guide as well as the ranking process each parcel will be evaluated against. It is anticipated that once this process is established, acquiring environmentally sensitive land parcels could occur as early as October of 2023. The process of issuing debt is estimated to take approximately 3-4 months, which would need to occur prior to the purchase of lands. Although subject to change, Staff anticipates the debt issuance process would need to be initiated sometime around July of 2023. Since the first debt payment will occur during fiscal year 2023/2024, the corresponding millage rate will need to be set at the fiscal year 2023/2024 budget workshop this summer. Staff intends to issue the debt in two $25M tranches in order to ensure all funding is spent within the three required year timeframe for each issuance. RECOMMENDATION. The County Attorney's Office recommends the Board approve the General Obligation Bond Resolution. ATTACHMENT. Draft General Obligation Bond Resolution C:IGmnic=VeB or51L51Te pld5e7J023-982/J8j4-8392-8acJ86464867.d= 123 EXECUTION COPY INDIAN RIVER COUNTY, FLORIDA GENERAL OBLIGATION BOND RESOLUTION ADOPTED JANUARY 31, 2023 124 TABLE OF CONTENTS ARTICLE I GENERAL SECTION 1.01. DEFINITIONS.............................................................................................1 SECTION 1.02. AUTHORITY FOR RESOLUTION...........................................................7 PROJECT FUND.......................................................................................23 SECTION 1.03. RESOLUTION TO CONSTITUTE CONTRACT......................................7 CREATION OF SINKING FUND; APPLICATION OF AD SECTION 1.04. FINDINGS...................................................................................................7 VALOREMTAX.......................................................................................24 ARTICLE II REBATE FUND........................................................................................26 AUTHORIZATION, TERMS, SALE, EXECUTION AND REGISTRATION OF BONDS SECTION 4.05. SECTION 2.01. AUTHORIZATION OF BONDS................................................................9 SECTION 4.06. SECTION 2.02. EXECUTION OF BONDS..........................................................................9 SECTION 2.03. AUTHENTICATION................................................................................10 SECTION 2.04. TEMPORARY BONDS............................................................................10 SECTION 5.01. SECTION 2.05. BONDS MUTILATED, DESTROYED, STOLEN OR LOST.................10 SECTION 5.02. SECTION 2.06. INTERCHANGEABILITY, NEGOTIABILITY AND TRANSFER .......11 SECTION 5.03. SECTION2.07. FORM OF BONDS....................................................................................12 SECTION 5.04. NO IMPAIRMENT...................................................................................28 ARTICLE III SECTION 5.05. OTHER MONEYS....................................................................................28 REDEMPTION OF BONDS SECTION 3.01. PRIVILEGE OF REDEMPTION..............................................................20 SECTION 3.02. SELECTION OF BONDS TO BE REDEEMED......................................20 SECTION 3.03. NOTICE OF REDEMPTION....................................................................20 SECTION 3.04. REDEMPTION OF PORTIONS OF BONDS..........................................21 SECTION 3.05. PAYMENT OF REDEEMED BONDS.....................................................21 SECTION 3.06. PURCHASE IN LIEU OF OPTIONAL REDEMPTION .........................22 ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF SECTION 4.01. GENERAL OBLIGATIONS OF THE ISSUER.......................................23 SECTION 4.02. PROJECT FUND.......................................................................................23 SECTION 4.03. CREATION OF SINKING FUND; APPLICATION OF AD VALOREMTAX.......................................................................................24 SECTION 4.04. REBATE FUND........................................................................................26 SECTION 4.05. INVESTMENTS........................................................................................26 SECTION 4.06. SEPARATE ACCOUNTS.........................................................................26 ARTICLE V COVENANTS OF THE ISSUER SECTION 5.01. BOOKS AND RECORDS.........................................................................28 SECTION 5.02. ANNUAL BUDGET.................................................................................28 SECTION 5.03. ANNUAL AUDIT.....................................................................................28 SECTION 5.04. NO IMPAIRMENT...................................................................................28 SECTION 5.05. OTHER MONEYS....................................................................................28 I 125 SECTION 5.06. FEDERAL INCOME TAX COVENANTS..............................................28 SECTION 5.07. COVENANTS RELATING TO FEDERAL SUBSIDY BONDS ............29 ARTICLE VI DEFAULTS AND REMEDIES SECTION 6.01. EVENTS OF DEFAULT...........................................................................30 SECTION 6.02. REMEDIES................................................................................................30 SECTION 6.03. DIRECTIONS TO RECEIVER AS TO REMEDIAL PROCEEDINGS ..31 SECTION 6.04. REMEDIES CUMULATIVE....................................................................31 SECTION 6.05. WAIVER OF DEFAULT..........................................................................31 SECTION 6.06. APPLICATION OF MONEYS AFTER DEFAULT................................31 SECTION 6.07. CONTROL BY CREDIT FACILITY PROVIDER..................................32 ARTICLE VII SUPPLEMENTAL RESOLUTIONS SECTION 7.01. SUPPLEMENTAL RESOLUTION WITHOUT BONDHOLDERS' ii 126 CONSENT.................................................................................................33 SECTION 7.02. SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS' AND CREDIT FACILITY PROVIDER'S CONSENT......................................34 SECTION 7.03. AMENDMENT WITH CONSENT OF CREDIT FACILITY PROVIDERONLY...................................................................................35 ARTICLE VIII DEFEASANCE SECTION 8.01. DEFEASANCE..........................................................................................36 ARTICLE IX MISCELLANEOUS SECTION 9.01. CAPITAL APPRECIATION BONDS......................................................38 SECTION 9.02. SALE OF BONDS.....................................................................................38 SECTION 9.03. GENERAL AUTHORITY.........................................................................38 SECTION 9.04. SEVERABILITY OF INVALID PROVISIONS.......................................38 SECTION 9.05. REPEAL OF INCONSISTENT RESOLUTIONS....................................38 SECTION 9.06. EFFECTIVE DATE...................................................................................39 ii 126 RESOLUTION NO. 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $50,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDIAN RIVER COUNTY, FLORIDA GENERAL OBLIGATION BONDS AT ONE TIME OR FROM TIME TO TIME, TO FINANCE THE COST OF ACQUIRING AND PRESERVING ENVIRONMENTALLY SENSITIVE LANDS AND CONSTRUCTING PUBLIC ACCESS IMPROVEMENTS RELATED THERETO WITHIN THE COUNTY; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING OTHER MATTERS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows: ARTICLE I CeT01yT71 SECTION 1.01. DEFINITIONS. When used in this Resolution, the following terms shall have the following meanings, unless the context clearly otherwise requires: "Accreted Value" shall mean, as of any date of computation with respect to any Capital Appreciation Bond, an amount equal to the principal amount of such Capital Appreciation Bond (the principal amount at its initial offering) plus the interest accrued on such Capital Appreciation Bond from the date of delivery to the original purchasers thereof to the Interest Date next preceding the date of computation, or the date of computation if an Interest Date, such interest to accrue at a rate not exceeding the legal rate, compounded semiannually, plus, with respect to matters related to the payment upon redemption or acceleration of the Capital Appreciation Bonds, if such date of computation shall not be an Interest Date, a portion of the difference between the Accreted Value as of the immediately preceding Interest Date and the Accreted Value as of the immediately succeeding Interest Date, calculated based on the assumption that Accreted Value accrues during any semi-annual period in equal daily amounts on the basis of a 360 -day year. "Act" shall mean Chapter 125, Florida Statutes, Article VII, Section 12 of the Florida Constitution, and other applicable provisions of law. "Ad Valorem Taxes" shall mean the direct annual tax levied on all taxable property within the Issuer to pay debt service on the Bonds, as provided by Section 3.01 of this Resolution. "Amortization Installment" shall mean an amount designated as such by, or provided for pursuant to, this Resolution or Supplemental Resolution of the Issuer and established with respect to Term Bonds. 127 "Annual Audit" shall mean the annual audit prepared pursuant to the requirements of Section 5.03 hereof. "Annual Budget" shall mean the annual budget prepared pursuant to the requirements of Section 5.02 hereof. "Annual Debt Service" shall mean the aggregate amount of Debt Service on the Bonds for each applicable Fiscal Year. "Authorized Investments" shall mean any investments or obligations in which the Issuer may invest its funds under applicable law and the internal investment policy of the Issuer, as such policy may be amended and supplemented from time to time. "Authorized Issuer Officer" shall mean the Chairman, the County Administrator, the Clerk or their designee(s), and when used in reference to any act or document also means any other person authorized by ordinance or resolution of the Issuer to perform such act or sign such document. "Board" shall mean the Board of County Commissioners of Indian River County, Florida. "Bond Counsel" shall mean Nabors, Giblin & Nickerson, P.A. or any other attorney at law or firm of attorneys, of nationally recognized standing in matters pertaining to the federal tax exemption of interest on obligations issued by states and political subdivisions, and duly admitted to practice law before the highest court of any state of the United States of America. "Bond Insurance Policy" shall mean a municipal bond insurance policy or financial guaranty insurance policy issued by an Insurer insuring the payment, when due, of the principal of and interest on a Series of Bonds as provided therein. "Bondholder" or "Holder" or "holder of Bonds" or any similar term, when used with reference to a Bond or Bonds, shall mean any Person who shall be the registered owner of any Outstanding Bond or Bonds as provided in the registration books of the Issuer. "Bonds" shall mean the Issuer's General Obligation Bonds issued pursuant to this Resolution. "Capital Appreciation Bonds" shall mean those Bonds, if any, so designated or provided for by Supplemental Resolution of the Issuer, which may be either Serial Bonds or Term Bonds and which shall bear interest payable at maturity or redemption. "Chairman" shall mean the Chairman of the Board or the Vice -Chairman of the Board or such other person as may be duly authorized to act on his or her behalf. "County Administrator" shall mean the County Administrator of the Issuer or any Assistant or Deputy County Administrator. 2 128 "Clerk" shall mean the Clerk of the Circuit Court and Comptroller for Indian River County, Florida and Ex -Officio Clerk to the Board, and such other person as may be duly authorized to act on his or her behalf. "Code" shall mean the Internal Revenue Code of 1986, as amended, and the regulations and rules promulgated thereunder. "Cost" when used in connection with a Project and permitted by the Act, shall mean (1) the Issuer's cost of physical construction; (2) costs of acquisition by or for the Issuer of such Project or any portion thereof; (3) any costs of land and interests therein and the costs of the Issuer incidental to such acquisition (including, without limitation, title insurance and related costs and costs associated with the examination, survey and any remediation required with respect to such land); (4) the cost of any indemnity and surety bonds and premiums for insurance during construction; (5) all interest due to be paid on the Bonds and other obligations relating to the Project during the period of construction of the Project and a reasonable period subsequent to completion of construction as the Issuer shall determine; (6) engineering, architectural, legal, financial advisory and other consultant fees and expenses; (7) costs and expenses of the financing incurred for the Project, including fees and expenses of any Paying Agent, Registrar, Credit Facility Provider or depository; (8) payments, when due (whether at the maturity of principal or the due date of interest or upon redemption) on any interim or temporary indebtedness of the Issuer incurred for the Project; (9) costs of machinery, equipment, technology, supplies, spare parts, furniture and any other items required by the Issuer for the commencement of operation of the Project; and (10) any other costs properly attributable to such construction or acquisition or to the issuance of the Bonds which finance the Project, as determined by generally accepted accounting principles, and shall include reimbursement to the Issuer for any such items of Cost paid by the Issuer prior to the issuance of the Bonds or other obligations issued to finance the Project. "Counterparty" shall mean the entity entering into a Hedge Agreement with the Issuer. Counterparty would also include any guarantor of such entity's obligations under such Hedge Agreement. "Credit Facility" shall mean as to any particular Series of Bonds, a Bond Insurance Policy, a letter of credit, a line of credit or another credit or liquidity enhancement facility, as approved herein or in the Supplemental Resolution providing for the issuance of such Series of Bonds. "Credit Facility Provider" shall mean an Insurer, bank or other financial institution issuing a Credit Facility for a particular Series of Bonds. "Debt Service" shall mean, at any time, the aggregate amount in the then applicable period of time of (1) interest required to be paid on the Outstanding Bonds during such period of time, except to the extent that such interest is to be paid from deposits in the Sinking Fund or Project Fund made from Bond proceeds for such purpose, (2) principal of Outstanding Serial Bonds maturing in such period of time, and (3) the Amortization Installments scheduled to be paid during such period of time. For purposes of this definition, (A) all amounts payable on a Capital Appreciation Bond shall be considered a principal payment in the year it becomes due, (B) with respect to debt service on any Bonds which relate to a Qualified Hedge Agreement, interest on 129 such Bonds during the term of such Qualified Hedge Agreement shall be deemed to be the Hedge Payments coming due during such period of time, (C) if any Series of Bonds has 25% or more of the aggregate principal amount of such Series coming due in any one year, Debt Service shall be determined on such Series during such period of time as if the principal of and interest on such Series were being paid from the date of issuance thereof in substantially equal annual amounts over a period of 25 years, and (D) with respect to debt service on any Federal Subsidy Bonds, when determining the interest on such Bonds for any particular Interest Date the amount of the corresponding Federal Subsidy Payment shall be deducted from the amount of interest which is due and payable to the holders of such Bonds on the Interest Date, but only to the extent that the Issuer reasonably believes that it will be in receipt of such Federal Subsidy Payment on or prior to such Interest Date. "Federal Securities" shall mean non -callable direct obligations of the United States of America (including obligations issued or held in book -entry form on the books of the Department of Treasury) or non -callable obligations the principal of and interest on which are unconditionally guaranteed by the United States of America. All such obligations shall not permit redemption prior to maturity at the option of the obligor. "Federal Subsidy Bonds" shall mean Bonds issued under Section 54AA of the Code, Section 140OU-2 of the Code or any other applicable provision of the Code, the interest on which is not exempt from federal income taxation, with respect to which the Issuer elects to receive, or is otherwise entitled to receive, Federal Subsidy Payments from the United States Department of Treasury. "Federal Subsidy Payments" shall mean the direct payments made by the United States Department of Treasury to the Issuer with respect to any Federal Subsidy Bonds pursuant to Sections 54AA(g), 6431 and 140OU-2 of the Code, or any other applicable provision of the Code. "Fiscal Year" shall mean the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law. "Hedge Agreement" shall mean an agreement in writing between the Issuer and the Counterparty pursuant to which (1) the Issuer agrees to pay to the Counterparty an amount, either at one time or periodically, which may, but is not required to, be determined by reference to the amount of interest (which may be at a fixed or variable rate) payable on a notional amount specified in such agreement during the period specified in such agreement and (2) the Counterparty agrees to pay to the Issuer an amount, either at one time or periodically, which may, but is not required to, be determined by reference to the amount of interest (which may be at a fixed or variable rate) payable on all or a portion of a notional amount specified in such agreement during the period specified in such agreement. Hedge Agreement shall also include any financial product or agreement which is used by the Issuer as a hedging device with respect to its obligations to pay interest on Bonds, or any portion thereof, which is designated by the Issuer as a "Hedge Agreement." "Hedge Payments" shall mean any amounts payable by the Issuer as interest on the related notional amount under a Qualified Hedge Agreement; excluding, however, any payments due as a 0 130 penalty or a fee or by virtue of termination of a Qualified Hedge Agreement or any obligation to provide collateral. "Hedge Receipts" shall mean any amounts receivable by the Issuer with respect to the related notional amount under a Qualified Hedge Agreement. "Insurer" shall mean the Credit Facility Provider, if any, issuing a Bond Insurance Policy with respect to a Series of Bonds. "Interest Date" or "interest payment date" shall be such date or dates for the payment of interest on the Bonds as provided pursuant to Section 2.01 hereof. "Issuer" or "County" shall mean Indian River County, Florida, a political subdivision of the State of Florida. "Maximum Annual Debt Service" shall mean the largest aggregate amount of the Annual Debt Service becoming due in any Fiscal Year in which Bonds are Outstanding, excluding all Fiscal Years which shall have ended prior to the Fiscal Year in which the Maximum Annual Debt Service shall at any time be computed. "Maximum Interest Rate" shall mean, with respect to any particular Variable Rate Bonds, a numerical rate of interest, which shall be set forth or provided for in the Supplemental Resolution of the Issuer delineating the details of such Bonds, that shall be the maximum rate of interest such Bonds may at any particular time bear in the future in accordance with the terms of such Supplemental Resolution. "Moody's" shall mean Moody's Investors Service, and any assigns and successors thereto. "Outstanding" when used with reference to the Bonds and as of any particular date, shall describe all of the Bonds theretofore and thereupon being authenticated and delivered except, (1) any Bond in lieu of which another Bond or Bonds have been issued to replace lost, mutilated or destroyed Bonds, (2) any Bond surrendered by the Holder thereof in exchange for another Bond or Bonds under Sections 2.04 and 2.05 hereof, (3) Bonds deemed to have been paid pursuant to Section 8.01 hereof, and (4) Bonds cancelled after purchase in the open market or because of payment at maturity or upon redemption. "Paying Agent" shall mean for each Series of Bonds, the paying agent appointed by the Issuer for such Series of Bonds and its successors and assigns, if any. "Person" shall mean an individual, a corporation, a partnership, an association, a joint stock company, a trust, any unincorporated organization, governmental entity or other legal entity. "Pledged Funds" shall mean (1) the Ad Valorem Taxes, and (2) until applied in accordance with the provisions of this Resolution, all moneys, including investments thereof, in the funds, accounts and subaccounts (other than the Rebate Fund) established hereunder. "Project" shall mean the acquisition and preservation of environmentally sensitive lands and the construction of public access improvements with respect thereto and other activities or 5 131 items that are subsequently approved by the Issuer to be financed with proceeds of Bonds and which may be lawfully financed with proceeds of Bonds pursuant to the Act, consistent with the language of the Referendum Resolution and as set forth in Section 1.04 hereof. "Project Fund" shall mean the Indian River County, Florida General Obligation Bonds Project Fund established pursuant to Section 4.02 hereof. "Qualified Hedge Agreement" shall mean a Hedge Agreement with a Counterparty that at the time it enters into such Hedge Agreement is rated "A-" or better by Standard & Poor's and "A3" or better by Moody's. "Rebate Fund" shall mean the Indian River County, Florida General Obligation Bonds Rebate Fund established pursuant to Section 4.04 hereof. "Redemption Price" shall mean, with respect to any Bond or portion thereof, the principal amount or portion thereof, plus the applicable premium, if any, payable upon redemption thereof pursuant to such Bond, this Resolution or a Supplemental Resolution. "Referendum Resolution" shall mean the Issuer's Resolution No. 2022-016, adopted March 8, 2022. "Resolution" shall mean this General Obligation Bond Resolution, as the same may from time to time be amended, modified or supplemented by Supplemental Resolution. "Registrar" shall mean for each Series of Bonds, any registrar appointed by the Issuer for such Series of Bonds and its successors and assigns, if any. "Serial Bonds" shall mean all of the Bonds other than Term Bonds. "Series" shall mean all the Bonds delivered on original issuance in a simultaneous transaction and identified pursuant to Section 2.01 hereof or a Supplemental Resolution authorizing the issuance by the Issuer as a separate Series, regardless of variations in maturity, interest rate, amortization installments or other provisions. "Sinking Fund" shall mean the Indian River County, Florida General Obligation Bonds Sinking Fund established pursuant to Section 4.03 hereof. "Standard and Poor's" or "S&P" shall mean S&P Global Ratings and any assigns and successors thereto. "State" shall mean the State of Florida. "Supplemental Resolution" shall mean any resolution of the Issuer amending or supplementing this Resolution enacted and becoming effective in accordance with the terms of Article VII hereof. 132 "Taxable Bonds" shall mean any Bonds which state, in the body thereof, that the interest income thereon is includable in the gross income of the Holder thereof for federal income taxation purposes or that such interest is subject to federal income taxation. "Term Bonds" shall mean Bonds which shall be designated as or authorized to be Term Bonds by this Resolution or Supplemental Resolution of the Issuer and which are subject to mandatory redemption by Amortization Installment. "Variable Rate Bonds" shall mean Bonds issued with a variable, adjustable, convertible or other similar rate which is not fixed in percentage for the entire term thereof at the date of issue. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 1.02. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 1.03. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the purchase and acceptance of any or all of the Bonds by those who shall hold the same from time to time, the provisions of this Resolution shall be a part of the contract of the Issuer with the Holders of the Bonds and the Credit Facility Providers and shall be deemed to be and shall constitute a contract between the Issuer and the Holders from time to time of the Bonds and the Credit Facility Providers. The pledge made in this Resolution and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the Issuer shall be for the equal benefit, protection and security of the Holders of any and all of said Bonds and for the benefit, protection and security of the Credit Facility Providers. All of the Bonds, regardless of the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof except as expressly provided in or pursuant to this Resolution. SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared: (A) Pursuant to the Referendum Resolution, the Issuer ordered the holding of a bond referendum election as part of the general election scheduled for November 8, 2022, to determine if the qualified electors of the Issuer would approve the issuance of not exceeding $50,000,000 aggregate principal amount of general obligation bonds payable from an ad valorem tax to be levied on all taxable property within the Issuer for the principal purpose of financing the acquisition by the Issuer of environmentally significant lands to restore the Indian River Lagoon, protect water resources and/or drinking water sources, wildlife habitat and natural areas, by purchasing permanent interests in lands to accomplish the same, including, but not limited to, fee simple interest, less than fee simple interest, conservation easements, and the acquisition of other similar interests in lands to restore the Indian River Lagoon and protect water resources and/or VA 133 drinking water sources, wildlife habitat and natural areas, and to construct public access improvements such as parking facilities, restroom facilities, trails and other such infrastructure in connection therewith, together with the necessary preservation, restoration, remediation and reclamation activities to preserve, protect, or enhance such property, or restore such property to its natural state, including customary and necessary costs and expenses incurred in the acquisition of any such lands and all expenses incident to the sale, issuance and delivery of the Bonds, all as shall be more specifically determined by subsequent resolution of the Board. (B) On November 8, 2022, a bond referendum election was held and the issuance of not exceeding $50,000,000 aggregate principal amount of general obligation bonds payable from Ad Valorem Taxes for the purposes described herein and in the Referendum Resolution was approved by a majority of the qualified electors of the Issuer voting in said referendum election. (C) It is in the best interests of the citizens and consistent with the goals and purposes described in the Referendum Resolution to undertake Projects from time to time as each will be subsequently approved by the Board and will be more particularly described in the plans and specifications related thereto on file with the Issuer. (D) It is necessary and desirable and in the best interests of the Issuer to borrow moneys from time to time to finance and refinance Costs of the Projects. (E) The Bonds issued hereunder shall be secured by the Pledged Funds as provided herein and such Pledged Funds have not previously been pledged or encumbered. (F) The proceeds of the Ad Valorem Taxes to be derived in each year are expected to be sufficient to pay all of the fees and expenses of the Paying Agents, any expenses incurred in connection with the levy and collection of the Ad Valorem Taxes and other administrative expenses relating to the Bonds or the Ad Valorem Taxes, the principal of and interest on the Bonds, as the same become due and payable, and all other payments provided for in this Resolution. (G) The principal of and interest on the Bonds will be paid solely from the Pledged Funds in accordance with the terms hereof and the Bonds shall not constitute a lien upon any property whatsoever of or in the Issuer. (H) It is the intent of the Issuer to reimburse various costs and expenditures relating to the acquisition of the Project. The Issuer reasonably anticipates that it will pay for such costs and expenditures from general revenues of the Issuer. It is reasonably expected that reimbursement of such costs and expenditures shall come from the issuance of tax-exempt debt which is not expected to exceed $50,000,000 aggregate principal amount. It is currently the intention of the Issuer to principally secure such tax-exempt debt by a pledge of the ad valorem tax revenues of the Issuer pursuant to the terms hereof. The expenditures to be reimbursed shall be consistent with the Issuer's budgetary and financial policy as being the type of expenditures which shall be paid on a long-term basis. The Issuer shall comply with all applicable law in regard to the public availability of records of official acts (i.e., adoption of this resolution) by public entities such as the Issuer, including making this resolution available to public inspection. It is the intent of this resolution to meet the requirements of Treasury Regulations Section 1.150-2 and to be a declaration of official intent under such Section. 134 ARTICLE II AUTHORIZATION, TERMS, SALE, EXECUTION AND REGISTRATION OF BONDS SECTION 2.01. AUTHORIZATION OF BONDS. This Resolution creates an issue of Bonds of the Issuer to be designated as "Indian River County, Florida General Obligation Bonds" which may be issued in one or more Series as hereinafter provided. The aggregate principal amount of Bonds of all Series which may be executed and delivered under this Resolution is limited to $50,000,000. The Bonds may, if and when authorized by the Issuer pursuant to this Resolution, be issued in one or more Series, with such further appropriate particular designations added to or incorporated in such title for the Bonds of any particular Series as the Issuer may determine and as may be necessary to distinguish such Bonds from the Bonds of any other Series. Each Bond shall bear upon its face the designation so determined for the Series to which it belongs. The Bonds shall be issued for such purpose or purposes; shall bear interest at such rate or rates not exceeding the maximum rate permitted by law; and shall be payable in lawful money of the United States of America on such dates; all as determined hereby and by Supplemental Resolution. The Bonds shall be issued in such denominations and such form, whether coupon or registered; shall be dated such date; shall bear such numbers; shall be payable in such manner and at such place or places; shall contain such redemption provisions; shall have such Paying Agents and Registrars; shall mature in such years and amounts; shall bear interest at such rates, shall have such Interest Dates and Principal Dates and the proceeds shall be used in such manner; all as determined or provided for by Supplemental Resolution of the Issuer. The Issuer may issue Bonds which may be secured by a Credit Facility, all as shall be determined by Supplemental Resolution of the Issuer. All other terms and provisions with respect to any Series of Bonds shall be determined in accordance with a Supplemental Resolution, including but not limited to, the method of sale of such Bonds. The Board may delegate approval of the terms, details and sale of a Series of Bonds to an Authorized Issuer Officer pursuant to a Supplemental Resolution. SECTION 2.02. EXECUTION OF BONDS. The Bonds shall be executed in the name of the Issuer with the manual or facsimile signature of the Chairman and the official seal of the Issuer shall be imprinted thereon, and attested with the manual or facsimile signature of the Clerk. In case any one or more of the officers who shall have signed or sealed any of the Bonds or whose facsimile signature shall appear thereon shall cease to be such officer of the Issuer before the Bonds so signed and sealed have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution of such Bond shall hold the proper office of the Issuer, although at the date of such Bond such person may not have held such office or may not have been so authorized. The Issuer may adopt and use for such purposes the facsimile signatures of any such persons who shall have held such offices at any time 0 135 after the date of the adoption of this Resolution, notwithstanding that either or both shall have ceased to hold such office at the time the Bonds shall be actually sold and delivered. SECTION 2.03. AUTHENTICATION. No Bond of any Series shall be secured hereunder or entitled to the benefit hereof or shall be valid or obligatory for any purpose unless there shall be manually endorsed on such Bond a certificate of authentication by the Registrar or such other entity as may be approved by the Issuer for such purpose. Such certificate on any Bond shall be conclusive evidence that such Bond has been duly authenticated and delivered under this Resolution. The form of such certificate shall be substantially in the form provided in Section 2.07 hereof. SECTION 2.04. TEMPORARY BONDS. Until the definitive Bonds are prepared, the Issuer may execute, in the same manner as is provided in Section 2.02 hereof, and deliver, upon authentication by the Registrar pursuant to Section 2.03 hereof, in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive Bonds, except as to the denominations thereof, one or more temporary Bonds substantially of the tenor of the definitive Bonds in lieu of which such temporary Bond or Bonds are issued, in denominations authorized by the Issuer by Supplemental Resolution, and with such omissions, insertions and variations as may be appropriate to temporary Bonds. The Issuer, at its own expense, shall prepare and execute definitive Bonds, which shall be authenticated by the Registrar. Upon the surrender of such temporary Bonds for exchange, the Registrar, without charge to the Holder thereof, shall deliver in exchange therefor definitive Bonds, of the same aggregate principal amount and maturity as the temporary Bonds surrendered. Until so exchanged, the temporary Bonds shall in all respects be entitled to the same benefits and security as definitive Bonds issued pursuant to this Resolution. All temporary Bonds surrendered in exchange for another temporary Bond or Bonds or for a definitive Bond or Bonds shall be forthwith cancelled by the Registrar. SECTION 2.05. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may, in its discretion, issue and deliver, and the Registrar shall authenticate, a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, and upon the Holder furnishing the Issuer and the Registrar proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the Issuer or the Registrar may prescribe and paying such expenses as the Issuer and the Registrar may incur. All Bonds so surrendered or otherwise substituted shall be cancelled by the Registrar. If any of the Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same or cause the Bond to be paid, upon being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this Section 2.05 shall constitute original contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bond be at any time found by anyone, and such duplicate Bond shall be entitled to equal and proportionate benefits and rights provided hereunder to the same extent as all other Bonds issued hereunder. 10 136 SECTION 2.06. INTERCHANGEABILITY, NEGOTIABILITY AND TRANSFER. Bonds, upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or his attorney duly authorized in writing, may, at the option of the Holder thereof, be exchanged for an equal aggregate principal amount of registered Bonds of the same maturity of any other authorized denominations. The Bonds issued under this Resolution shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the Uniform Commercial Code of the State of Florida, subject to the provisions for registration and transfer contained in this Resolution and in the Bonds. So long as any of the Bonds shall remain Outstanding, the Issuer shall maintain and keep, at the office of the Registrar, books for the registration and transfer of the Bonds. The transfer of any Bond shall be registered only upon the books of the Issuer, at the office of the Registrar, under such reasonable regulations as the Issuer may prescribe, by the Holder thereof in person or by his attorney duly authorized in writing upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the Holder or his duly authorized attorney. Upon the registration or transfer of any such Bond, the Issuer shall issue, and cause to be authenticated, in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and maturity as the surrendered Bond. The Issuer, the Registrar and any Paying Agent or fiduciary of the Issuer may deem and treat the Person in whose name any Outstanding Bond shall be registered upon the books of the Issuer as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal and interest on such Bond and for all other purposes, and all such payments so made to any such Holder or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid and neither the Issuer nor the Registrar nor any Paying Agent or other fiduciary of the Issuer shall be affected by any notice to the contrary. The Registrar, in any case where it is not also the Paying Agent with respect to the Bonds, forthwith (A) following the fifteenth day prior to an Interest Date for the Bonds, and (B) at any other time as reasonably requested by the Paying Agent, certify and furnish to the Paying Agent the names, addresses and holdings of the Bondholders and any other relevant information reflected in the registration books. Any Paying Agent of any fully registered Bond shall effect payment of interest on such Bonds by mailing a check to the Holder entitled thereto or may, in lieu thereof, upon the request and at the expense of such Holder, transmit such payment by bank wire transfer for the account of such Holder. In all cases in which the privilege of exchanging Bonds or the transfer of Bonds shall be registered, the Issuer shall execute and the Registrar shall authenticate and deliver such Bonds in accordance with the provisions of this Resolution. Execution of Bonds by the Chairman and Clerk for purposes of exchanging, replacing or registering the transfer of Bonds may occur at the time of the original delivery of the Bonds. All Bonds surrendered in any such exchanges or registration of transfer shall be held by the Registrar for safekeeping until directed by the Issuer to be cancelled by the Registrar. For every such exchange or registration of transfer, the Issuer or the Registrar may make a charge sufficient to reimburse it for any tax, fee, expense or other governmental charge required to be paid with respect to such exchange or registration of transfer. The Issuer and the 11 137 Registrar shall not be obligated to make any such exchange or transfer of Bonds of any Series during the 15 days next preceding an Interest Date on the Bonds of such Series, or, in the case of any proposed redemption of Bonds of such Series, then, for the Bonds subject to redemption, during the 15 days next preceding the date of the first mailing of notice of such redemption and continuing until such redemption date. The Issuer may elect to issue any Bonds as uncertificated registered public obligations (not represented by instruments), commonly known as book -entry obligations, provided it shall establish a system of registration therefor by Supplemental Resolution. SECTION 2.07. FORM OF BONDS. The text of the Bonds, except for Capital Appreciation Bonds and Variable Rate Bonds, the form of which shall be provided by Supplemental Resolution of the Issuer, shall be in substantially the following form, with such omissions, insertions and variations as may be necessary and/or desirable and approved by the Chairman or the Clerk prior to the issuance thereof (which necessity and/or desirability and approval shall be presumed by such officer's execution of the Bonds and the Issuer's delivery of the Bonds to the purchaser or purchasers thereof): [Remainder of page intentionally left blank] 12 138 No. R -- UNITED STATES OF AMERICA INDIAN RIVER COUNTY, FLORIDA GENERAL OBLIGATION BOND, SERIES $ Interest Maturity Date of Rate Date Original Issue CUSIP % , 20 , Registered Holder: Principal Amount: KNOW ALL MEN BY THESE PRESENTS, that Indian River County, Florida, a political subdivision of the State of Florida (the "Issuer"), for value received, hereby promises to pay to the Registered Holder identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest on such Principal Amount from the Date of Original Issue identified above or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum identified above on 1 and 1 of each year, commencing 1, , until such Principal Amount shall have been paid. Such Principal Amount and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for the payment of public and private debts. Such Principal Amount is payable at the designated corporate trust office of , as Paying Agent. Payment of each installment of interest shall be made to the person in whose name this Bond shall be registered on the registration books of the Issuer maintained by (the "Registrar"), at the close of business on the fifteenth day (whether or not a business day) of the calendar month next preceding each interest payment date and shall be paid by a check or draft of such Paying Agent mailed to such Registered Holder at the address appearing on such registration books or, at the written request of such Registered Holder, by bank wire transfer to an account of such Holder designated in such written request. Interest shall be calculated on the basis of a 360 -day year of twelve 30 - day months. This Bond is one of an authorized issue of Bonds in the aggregate principal amount of $ (the 'Bonds") of like date, tenor and effect, except as to number, maturity, interest rate and redemption provisions, issued to finance the acquisition and preservation of environmentally sensitive lands and the construction of public access improvements with respect 13 139 thereto in and for the Issuer, as more particularly described in the hereinafter defined Resolution, and in full compliance with the Constitution and laws of the State of Florida, including particularly Chapter 125, Florida Statutes, Article VII, Section 12 of the Florida Constitution (as defined in the Resolution) and Resolution No. of Indian River County, Florida, duly adopted by the Board of County Commissioners of the Issuer (the 'Board") on January 31, 2023, as it may be amended and supplemented from time to time (collectively, the "Resolution"), and is subject to all the terms and conditions of such Resolution. In accordance with the terms of the Resolution, the Issuer has made a pledge of its faith, credit and taxing power for the full and prompt payment of the principal of and interest on the Bonds. A direct annual tax shall be levied upon all taxable property within the Issuer to make such payments. Provision shall be included and made in the annual budget and tax levy for the levy of such taxes, which tax shall be levied and collected at the same time, and in the same manner, as other ad valorem taxes of the Issuer are assessed, levied and collected. This Bond will be secured by and payable from the Pledged Funds (as defined in the Resolution) to the extent and in the manner provided in the Resolution. [The Issuer has established a book -entry system of registration for the Bonds. Except as specifically provided otherwise in the Resolution, an agent will hold this Bond on behalf of the beneficial owner thereof. By acceptance of a confirmation of purchase, delivery or transfer, the beneficial owner of this Bond shall be deemed to have agreed to such arrangement.] This Bond is transferable in accordance with the terms of the Resolution only upon the books of the Issuer kept for that purpose at the designated corporate trust office of the Registrar by the Registered Holder hereof in person or by his attorney duly authorized in writing, upon the surrender of this Bond together with a written instrument of transfer satisfactory to the Registrar duly executed by the Registered Holder or his attorney duly authorized in writing, and thereupon a new Bond or Bonds in the same aggregate principal amount shall be issued to the transferee in exchange therefor, and upon the payment of the charges, if any, therein prescribed. The Bonds are issuable in the form of fully registered Bonds in the denomination of $ and any integral multiple thereof, not exceeding the aggregate principal amount of the Bonds. The Issuer, the Registrar and any Paying Agent may treat the Registered Holder of this Bond as the absolute owner hereof for all purposes, whether or not this Bond shall be overdue, and shall not be affected by any notice to the contrary. The Issuer shall not be obligated to make any exchange or transfer of the Bonds during the 15 days next preceding an interest payment date or, in the case of any proposed redemption of the Bonds, then, for the Bonds subject to such redemption, during the 15 days next preceding the date of the first mailing of notice of such redemption. (INSERT REDEMPTION PROVISIONS) Redemption of this Bond under the preceding paragraphs shall be made as provided in the Resolution upon notice given by first class mail sent at least 20 days prior to the redemption date to the Registered Holder hereof at the address shown on the registration books maintained by the Registrar; provided, however, that failure to mail notice to the Registered Holder hereof, or any defect therein, shall not affect the validity of the proceedings for redemption of other Bonds as to which no such failure or defect has occurred. In the event that less than the full principal amount hereof shall have been called for redemption, the Registered Holder hereof shall surrender this 14 140 Bond in exchange for one or more Bonds in an aggregate principal amount equal to the unredeemed portion of principal, as provided in the Resolution. [As long as the book -entry only system is used for determining beneficial ownership of the Bonds, notice of redemption will only be sent to Cede & Co. Cede & Co. will be responsible for notifying the DTC Participants, who will in turn be responsible for notifying the beneficial owners of the Bonds. Any failure of Cede & Co. to notify any DTC Participant, or of any DTC Participant to notify the beneficial owner of any such notice, will not affect the validity of the redemption of the Bonds.] Reference to the Resolution and any and all resolutions supplemental thereto and modifications and amendments thereof and to the Act is made for a description of the pledge and covenants securing this Bond, the nature, manner and extent of enforcement of such pledge and covenants, and the rights, duties, immunities and obligations of the Issuer. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond, exist, have happened and have been performed, in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of the Bonds does not violate any constitutional or statutory limitations or provisions. Neither the members of the County Commission of the Issuer nor any person executing this Bond shall be liable personally hereon or be subject to any personal liability or accountability by reason of the issuance hereof. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of the Bonds of this issue does not violate any constitutional, statutory, or charter limitation or provision, and that provision has been made for the collection of a direct annual tax, without limitation, on all property in the Issuer taxable for such purpose sufficient to pay and discharge the principal hereof at maturity. Neither the members of the Board of the Issuer nor any person executing this Bond shall be liable personally hereon or be subject to any personal liability or accountability by reason of the issuance hereof. 15 141 IN WITNESS WHEREOF, Indian River County, Florida has issued this Bond and has caused the same to be signed by the Chairman of its Board of County Commissioners and attested to by the Clerk of the Circuit Court and Comptroller for Indian River County, Florida and Ex - Officio Clerk of the Board of County Commissioners and its official seal or a facsimile of thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, all as of the day of (SEAL) ATTEST: Clerk INDIAN RIVER COUNTY, FLORIDA Chairman, Board of County Commissioners 16 142 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds issued under the provisions of the within -mentioned Resolution. Date of Authentication: , as Registrar Authorized Signatory 143 [Unless this certificate is presented by an authorized representative of The Depository Trust Company to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by the authorized representative of The Depository Trust Company and.any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein.] ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto Insert Social Security or Other Identifying Number of Assignee (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint , as attorneys to register the transfer of the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature Guaranteed by: NOTICE: Signature must be guaranteed by an institution which is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program. NOTICE: The signature to this assignment must correspond with the name of the Registered Holder as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or other identifying number of such assignee must be supplied. 18 144 The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF TRANS MIN ACT -- Custodian for under Uniform Transfers to Minors Act of (Gust.) (State) Additional abbreviations may also be used though not in list above. [Remainder of page intentionally left blank] 19 145 ARTICLE III REDEMPTION OF BONDS SECTION 3.01. PRIVILEGE OF REDEMPTION. (A) The terms of this Article III shall apply to redemption of Bonds other than Capital Appreciation Bonds or Variable Rate Bonds. The terms and provisions relating to redemption of Capital Appreciation Bonds and Variable Rate Bonds shall be provided by Supplemental Resolution. Notwithstanding the provisions of this Article III, each Series of Bonds shall be subject to redemption in accordance with and as provided in the terms of the Supplemental Resolution setting forth the details of such Series of Bonds. SECTION 3.02. SELECTION OF BONDS TO BE REDEEMED. The Bonds shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof. The Issuer shall, at least thirty-five (35) days prior to the redemption date (unless a shorter time period is satisfactory to the Registrar, but in no event less than twenty-five (25) days) notify the Registrar of such redemption date and of the principal amount of Bonds to be redeemed. For purposes of any redemption of less than all of the Outstanding Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected not more than thirty-five (35) days and not less than twenty-five (25) days prior to the redemption date by the Registrar from the Outstanding Bonds of the maturity or maturities designated by the Issuer or by such method as the Registrar shall deem fair and appropriate and which may provide for the selection for redemption of Bonds or portions of Bonds in principal amounts of $5,000 and integral multiples thereof. If less than all of a Term Bond is to be redeemed, the aggregate principal amount to be redeemed shall be allocated to the Amortization Installments on a pro -rata basis unless the Issuer, in its discretion, designates a different allocation. If less than all of the Outstanding Bonds of a single maturity are to be redeemed, the Registrar shall promptly notify the Issuer and Paying Agent (if the Registrar is not the Paying Agent for such Bonds) in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. SECTION 3.03. NOTICE OF REDEMPTION. Notice of such redemption, which shall specify the Bond or Bonds (or portions thereof) to be redeemed and the date and place for redemption, shall be given by the Registrar on behalf of the Issuer, and (A) shall be filed with the Paying Agent of such Bonds and (B) shall be mailed first class, postage prepaid, at least twenty (20) days prior to the redemption date to all Holders of Bonds to be redeemed at their addresses as they appear on the registration books kept by the Registrar as of the date of mailing of such notice. Failure to mail notice to the Holders of the Bonds to be redeemed, or any defect therein, shall not affect the proceedings for redemption of Bonds as to which no such failure or defect has occurred. Failure of any Holder to receive any notice mailed as herein provided shall not affect the proceedings for redemption of such Holder's Bonds. Each notice of redemption shall state: (1) the CUSIP numbers of all Bonds being redeemed, (2) the original issue date of such Bonds, (3) the maturity date and rate of interest borne by each Bond being redeemed, (4) the redemption date, (5) the Redemption Price, (6) the date on which 20 146 such notice is mailed, (7) if less than all Outstanding Bonds are to be redeemed, the certificate number (and, in the case of a partial redemption of any Bond, the principal amount) of each Bond to be redeemed, (8) that on such redemption date there shall become due and payable upon each Bond to be redeemed the Redemption Price thereof, or the Redemption Price of the specified portions of the principal thereof in the case of Bonds to be redeemed in part only, together with interest accrued thereon to the redemption date, and that from and after such date interest thereon shall cease to accrue and be payable, (9) that the Bonds to be redeemed, whether as a whole or in part, are to be surrendered for payment of the Redemption Price at the designated office of the Paying Agent at an address specified, (10) unless sufficient funds have been set aside by the Issuer for such purpose prior to the mailing of the notice of redemption, that such redemption is conditioned upon the deposit of sufficient funds for such purpose on or prior to the date set for redemption; and provided, further, that such notice and the redemption set forth therein may be subject to the satisfaction of one or more additional conditions set forth therein, and (12) any other conditions that must be satisfied prior to such redemption. In addition to the mailing of the notice described above, each notice of redemption and payment of the redemption price shall meet the following requirement; provided, however, the failure to provide such further notice of redemption or to comply with the terms of this paragraph shall not in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed above: (A) Each further notice of redemption shall be sent to the Electronic Municipal Market Access of the Municipal Securities Rulemaking Board within ten (10) business days of the mailing of the redemption notice to Holders. (B) Each further notice of redemption shall be sent to such other Person, if any, as shall be required by applicable law or regulation. The Issuer may provide that a redemption maybe contingent upon the occurrence of certain condition(s) and that if such condition(s) do not occur the notice of redemption will be rescinded, provided notice of rescission shall be mailed in the manner described above to all affected Bondholders as soon as practicable. SECTION 3.04. REDEMPTION OF PORTIONS OF BONDS. Any Bond which is to be redeemed only in part shall be surrendered at any place of payment specified in the notice of redemption (with due endorsement by, or written instrument of transfer in form satisfactory to the Registrar duly executed by, the Holder thereof or his attorney duly authorized in writing) and the Issuer shall execute and the Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds, of the same interest rate and maturity, and of any authorized denomination as requested by such Holder, in an aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bonds so surrendered. SECTION 3.05. PAYMENT OF REDEEMED BONDS. Notice of redemption having been given substantially as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the Redemption Price therein specified, and from and after such date (unless the Issuer shall default in the payment of the Redemption Price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds 21 147 for redemption in accordance with said notice, such Bonds shall be paid by the Registrar and/or Paying Agent at the appropriate Redemption Price, plus accrued interest. All Bonds which have been redeemed shall be cancelled by the Registrar and shall not be reissued. SECTION 3.06. PURCHASE IN LIEU OF OPTIONAL REDEMPTION. Notwithstanding anything in this Resolution to the contrary, at any time the Bonds are subject to optional redemption pursuant to this Resolution, all or a portion of the Bonds to be redeemed as specified in the notice of redemption, may be purchased by the Paying Agent, as trustee, at the direction of the Issuer, on the date which would be the redemption date if such Bonds were redeemed rather than purchased in lieu thereof at a purchase price equal to the redemption price which would have been applicable to such Bonds on the redemption date for the account of and at the direction of the Issuer who shall give the Paying Agent, as trustee, notice at least ten days prior to the scheduled redemption date accompanied by an opinion of Bond Counsel to the effect that such purchase will not adversely affect the exclusion from gross income for federal income tax purposes of interest on such Bonds or any other Outstanding Bonds. In the event the Paying Agent, as trustee, is so directed to purchase Bonds in lieu of optional redemption, no notice to the holders of the Bonds to be so purchased (other than the notice of redemption otherwise required under this Resolution) shall be required, and the Paying Agent, as trustee, shall be authorized to apply to such purchase the funds which would have been used to pay the redemption price for such Bonds if such Bonds had been redeemed rather than purchased. Each Bond so purchased shall not be canceled or discharged and shall be registered in the name of the Issuer. Bonds to be purchased under this Resolution in the manner set forth above which are not delivered to the Paying Agent, as trustee, on the purchase date shall be deemed to have been so purchased and not optionally redeemed on the purchase date and shall cease to accrue interest as to the former holder thereof on the purchase date. [Remainder of page intentionally left blank] W 148 ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF SECTION 4.01. GENERAL OBLIGATIONS OF THE ISSUER. The full faith, credit and taxing power of the Issuer shall be and are hereby pledged for the full and prompt payment of the principal of and interest on the Bonds. A direct annual tax shall be levied upon all taxable property within the Issuer to make such payments, and provision shall be included and made in the annual budget and tax levy for the levy of the Ad Valorem Taxes hereinbefore provided. Notwithstanding any other provision of this Resolution, in determining the amount of the Ad Valorem Taxes to be levied for a particular Fiscal Year to pay Debt Service on the Bonds, the Issuer shall levy, at a minimum, an amount that assumes that the percentage of Ad Valorem Taxes that will be collected in such Fiscal Year will be no higher than the percentage of Ad Valorem Taxes collected for the immediately preceding Fiscal Year. Whenever the Issuer shall, in any Fiscal Year, have irrevocably deposited in the Sinking Fund any moneys derived from sources other than the aforementioned Ad Valorem Taxes, said Ad Valorem Taxes may be correspondingly diminished; but any such diminution must leave available an amount of Ad Valorem Taxes, after allowance for anticipated delinquencies in collection, fully sufficient, with such moneys so deposited from other sources, to assure the prompt payment of principal, interest and other related charges falling due prior to the time that the proceeds of the next annual Ad Valorem Taxes levy will be available. Such Ad Valorem Taxes shall be levied and collected at the same time, and in the same manner, as other ad valorem taxes of the Issuer are assessed, levied and collected. The Ad Valorem Taxes shall be levied and collected in accordance with all applicable law, including, but not limited to, the Referendum Resolution. The payment of the principal of or Redemption Price, if applicable, and interest on the Bonds shall be secured forthwith equally and ratably by a pledge of and lien upon the Pledged Funds and the Issuer hereby irrevocably pledges such Pledged Funds to the payment of the Bonds. Any Series of Bonds may be additionally secured by a Credit Facility or any other security provided by the Issuer pursuant to a Supplemental Resolution. SECTION 4.02. PROJECT FUND. The Issuer covenants and agrees to establish a special fund to be known as the "Indian River County, Florida General Obligation Bonds Project Fund," which shall be used only for payment of the Costs of Projects. Moneys in the Project Fund, until applied to payment of any item of the Costs of a Project in the manner hereinafter provided, shall be held in trust by the Issuer and shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. The Issuer shall establish within the Project Fund a separate account for each Project, the Costs of which are to be paid in whole or in part out of the Project Fund. There shall be paid into the Project Fund the amounts required to be so paid by the provisions of this Resolution, and there may be paid into the Project Fund, at the option of the Issuer, any moneys received for or in connection with the Project by the Issuer from any other source. 23 149 The proceeds of insurance maintained against physical loss of or damage to a Project, or of contractors' performance bonds with respect thereto pertaining to the period of construction thereof, shall be deposited into the Project Fund. Any moneys received by the Issuer from the State or from the United States of America or any agencies thereof for the purpose of financing part of the Cost of the Project shall be deposited into the Project Fund and used in the same manner as other Bond proceeds are used therein; provided that separate accounts or subaccounts may be established in the Project Fund for moneys received pursuant to the provisions of this paragraph whenever required by Federal or State law. The Issuer covenants that the acquisition, construction and equipping of each Project will be completed without delay and in accordance with applicable law and sound engineering practices. The Issuer shall only make disbursements or payments from the applicable account of the Project Fund to pay Costs of the Project for which such account was established, except as provided below with respect to any surplus proceeds in a particular account. The Issuer shall keep records of such disbursements and payments and shall retain all such records for such periods of time as is required by applicable law. Notwithstanding any of the other provisions of this Section 4.02, to the extent that other moneys are not available therefor, amounts in an account of the Project Fund shall be applied to the payment of principal and interest on the Series of Bonds for which such account was established or to reimburse a Credit Facility Provider for the payment of such principal and interest. The date of completion of acquisition, construction and equipping of a Project shall be documented by an Authorized Issuer Officer in the appropriate records of the Issuer. Promptly after the date of the completion of a Project, and after paying or making provisions for the payment of all unpaid items of the Costs of such Project, the Issuer shall apply any balance of moneys remaining in the Project Fund in the following order of priority: (A) deposit such balance to any other account established in the Project Fund for which an Authorized Issuer Officer certifies that there are insufficient moneys to pay the Costs of the Project for which such account was established, (B) deposit such balance to such other fund or account established hereunder as shall be determined by the Issuer; provided the Issuer has received an opinion of Bond Counsel to the effect that such transfer shall not adversely affect the exclusion, if any, of interest on the Bonds (other than Taxable Bonds) from gross income for purposes of federal income taxation, and (C) apply such balance for any other lawful purpose; provided the Issuer has received an opinion of Bond Counsel to the effect that such application shall not adversely affect the exclusion, if any, of interest on the Bonds (other than Taxable Bonds) from gross income for purposes of federal income taxation SECTION 4.03. CREATION OF SINKING FUND; APPLICATION OF AD VALOREM TAX. (A) There is hereby created the "Indian River County, Florida General Obligation Bonds Sinking Fund", which shall be held in trust for the benefit of the Bondholders. There is hereby ordered levied upon all the property taxable for such purpose within the Issuer, the Ad Valorem Taxes in an amount sufficient to produce amounts to pay the principal, interest, charges of the Paying Agents and Registrars, and any other amounts that are properly due and owing with respect to the repayment of the Bonds. The Ad Valorem Taxes shall be deposited into the Sinking Fund promptly upon receipt. All Hedge Receipts and Federal Subsidy Payments 24 150 shall be deposited directly to the Sinking Fund upon receipt. With respect to interest on Bonds which have corresponding Hedge Payments, interest on such Bonds during the term of the Qualified Hedge Agreement shall also be deemed to include the corresponding Hedge Payments. (B) Money in the Sinking Fund shall be used solely for the purpose of paying the Annual Debt Service on the Bonds coming due (whether by maturity, scheduled mandatory redemption or otherwise) and to make Hedge Payments related thereto. Moneys in the Sinking Fund shall be disbursed for (i) the payment of the interest on the Bonds secured hereby as such interest falls due, (ii) the payment of the principal of the Bonds secured hereby at their respective maturities, (iii) the payment of the Redemption Price of Bonds being redeemed; (iv) the purchase of Bonds in the open market; provided, however, the price paid shall not exceed the principal amount plus accrued interest; (v) Hedge Payments; and (vi) the payment of the necessary charges for paying Bonds and interest thereon. (C) on or before the date established for payment of any principal of or interest on the Bonds, the Issuer shall withdraw from the Sinking Fund sufficient moneys to pay such principal or interest and deposit such moneys with the Paying Agent. Such deposits with the Paying Agent shall be made in moneys available to make payments of the principal of and interest on the Bonds as the same becomes due. (C) Whenever moneys on deposit in the Sinking Fund are sufficient to fully pay all Outstanding Bonds in accordance with their terms (including principal or applicable Redemption Price and interest thereon), no further deposits to the Sinking Fund need be made. The Issuer, in its discretion, may use moneys in the Sinking Fund to purchase or redeem Bonds coming due on the next principal payment date, provided such purchase or redemption does not adversely affect the Issuer's ability to pay the principal or interest coming due on such principal payment date on the Bonds not so purchased or redeemed. (D) In the event the Issuer shall issue a Series of Bonds secured by a Credit Facility, the Issuer may establish a separate account within the Sinking Fund to provide for payment of the principal of and interest on such Series; provided payment from the Pledged Funds of one Series of Bonds shall not have preference over payment of any other Series of Bonds. The Issuer may also deposit moneys in such account at such other times and in such other amounts as shall be necessary to pay the principal of and interest on such Bonds as the same shall become due, all as provided by the Supplemental Resolution authorizing such Bonds. In the case of Bonds secured by a Credit Facility, amounts on deposit in the Sinking Fund may be applied as provided in the applicable Supplemental Resolution to reimburse the Credit Facility Provider for amounts drawn under such Credit Facility to pay the principal of, premium, if any, and interest on such Bonds or to pay the purchase price of any such Bonds which are tendered by the holders thereof for payment; provided such Credit Facility shall have no priority over Bondholders to amounts on deposit in the Sinking Fund. Other payments due to a Credit Facility Provider in relation to obligations arising under its Credit Facility may be on parity with the Bonds as to source of and security for payment to the extent provided in the Supplemental Resolution relating thereto. 25 151 SECTION 4.04. REBATE FUND. Amounts on deposit in the Rebate Fund shall be held in trust by the Issuer and used solely to make required rebates to the United States (except to the extent the same may be transferred to the Issuer) and the Bondholders shall have no right to have the same applied for debt service on the Bonds. If the rebate requirements of Section 148(f) of the Code are applicable, the Issuer agrees to undertake all actions required of it in its arbitrage certificate related to the Bonds, including, but not limited to: (A) making a determination in accordance with the Code of the amount required to be deposited in the Rebate Fund; (B) depositing the amount determined in clause (A) above into the Rebate Fund; (C) paying on the dates and in the manner required by the Code to the United States Treasury from the Rebate Fund and any other legally available moneys of the Issuer such amounts as shall be required by the Code to be rebated to the United States Treasury; and (D) keeping such records of the determinations made pursuant to this Section 4.04 as shall be required by the Code, as well as evidence of the fair market value of any investments purchased with proceeds of the Bonds. The provisions of the above-described arbitrage certificate may be amended without the consent of any Holder or the Credit Facility Provider from time to time as shall be necessary, in the opinion of Bond Counsel, to comply with the provisions of the Code. SECTION 4.05. INVESTMENTS. Moneys on deposit in the Project Fund and the Sinking Fund shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the laws of the State. Moneys on deposit in the Project Fund and the Sinking Fund may be invested and reinvested in Authorized Investments maturing not later than the date on which the moneys therein will be needed for the purposes of such Funds. All investments shall be valued at market at least annually. Any and all income received by the Issuer from the investment of moneys in the Project Fund and the Sinking Fund shall be retained in such respective Fund. Nothing contained in this Resolution shall prevent any Authorized Investments acquired as investments of or security for funds held under this Resolution from being issued or held in book -entry form on the books of the Department of the Treasury of the United States. SECTION 4.06. SEPARATE ACCOUNTS. The moneys required to be accounted for in each of the foregoing funds and accounts established herein may be deposited in a single, non-exclusive bank account, and funds allocated to the various funds and accounts established herein may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the moneys on deposit therein and such investments for the various purposes of such funds, accounts and subaccounts as herein provided. The designation and establishment of the various funds and accounts in and by this Resolution shall not be construed to require the establishment of any completely independent, self -balancing funds as such term is commonly defined and used in governmental accounting, but M., 152 rather is intended solely to constitute an earmarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as herein provided. [Remainder of page intentionally left blank] 27 153 ARTICLE V COVENANTS OF THE ISSUER SECTION 5.01. BOOKS AND RECORDS. The Issuer will keep books and records of the levy of the Ad Valorem Taxes and the receipt of the Ad Valorem Taxes in accordance with generally accepted accounting principles, and any Credit Facility Provider, or Holder or Holders of Bonds shall have the right at all reasonable times to inspect the records, accounts and data of the Issuer relating thereto. SECTION 5.02. ANNUAL BUDGET. The Issuer shall annually prepare and adopt, prior to the beginning of each Fiscal Year, an Annual Budget in accordance with applicable law. If for any reason the Issuer shall not have adopted the Annual Budget before the first day of any Fiscal Year, the preliminary budget for such year shall be deemed to be in effect for such Fiscal Year until the Annual Budget for such Fiscal Year is adopted. The Issuer shall provide the Annual Budget to any Holder or Holders of Bonds upon written request. The Issuer shall be permitted to make a reasonable charge for furnishing such information to such Holder or Holders. SECTION 5.03. ANNUAL AUDIT. The Issuer shall, immediately after the close of each Fiscal Year, cause the books, records and accounts relating to the Issuer to be properly audited by a recognized independent firm of certified public accountants, and shall require such accountants to complete their report of such Annual Audit in accordance with applicable law. Each Annual Audit shall be in conformity with generally accepted accounting principles as applied to governmental entities. The Issuer shall provide the Annual Audit to any Holder or Holders of Bonds upon written request. The Issuer shall be permitted to make a reasonable charge for furnishing such information to such Holder or Holders. SECTION 5.04. NO IMPAIRMENT. The pledging of the Ad Valorem Taxes in the manner provided herein shall not be subject to repeal, modification or impairment by any subsequent ordinance, resolution, agreement or other proceedings of the Issuer. SECTION 5.05. OTHER MONEYS. The Issuer may, in its sole discretion, utilize other legally available moneys, in addition to the Pledged Funds, to pay the principal of and interest on the Bonds. SECTION 5.06. FEDERAL INCOME TAX COVENANTS. (A) The Issuer covenants with the Holders of the Bonds (other than Taxable Bonds) that it shall not use the proceeds of the Bonds in any manner which would cause the interest on the Bonds to be or become includable in gross income for purposes of federal income taxation. (B) The Issuer covenants with the Holders of the Bonds (other than Taxable Bonds) that neither the Issuer nor any Person under its control or direction will make any use of the W. 154 proceeds of the Bonds (or amounts deemed to be proceeds under the Code) in any manner which would cause the Bonds to be "arbitrage bonds" within the meaning of the Code and neither the Issuer nor any other Person shall do any act or fail to do any act which would cause the interest on the Bonds to become includable in gross income for purposes of federal income taxation. (C) The Issuer hereby covenants with the Holders of the Bonds (other than Taxable Bonds) that it will comply with all provisions of the Code necessary to maintain the exclusion of interest on the Bonds from gross income for purposes of federal income taxation, including, in particular, the payment of any amount required to be rebated to the U.S. Treasury pursuant to the Code. SECTION 5.07. COVENANTS RELATING TO FEDERAL SUBSIDY BONDS. The Issuer covenants with respect to any Bonds issued as Federal Subsidy Bonds that it will: (A) File, on a timely basis, Internal Revenue Service Form 8038 -CP or such other form or forms required by the United States Department of Treasury to receive Federal Subsidy Payments in connection with any Bonds issued as Federal Subsidy Bonds. (B) Deposit promptly the Federal Subsidy Payments received from the United States Department of Treasury, if any, to the Sinking Fund to pay interest on the Federal Subsidy Bonds. (C) Comply with all provisions of the Code, all Treasury Regulations promulgated thereunder, and any applicable notice, ruling or other formal interpretation issued by the United States Department of Treasury or the Internal Revenue Service, in order for the Bonds issued as Federal Subsidy Bonds to be and to remain Federal Subsidy Bonds. (D) Not take any action, or fail to take any action, if any such action or failure to take such action would adversely affect the Issuer's receipt of Federal Subsidy Payments or the status of the Bonds issued as Federal Subsidy Bonds, or any portion thereof, as Federal Subsidy Bonds. The Issuer covenants that it will not directly or indirectly use or permit the use of any proceeds of Bonds issued as Federal Subsidy Bonds or any other of its funds or take or omit to take any action that would cause the Bonds issued as Federal Subsidy Bonds to be or become "arbitrage bonds" within the meaning of Section 148(a) or to fail to meet any other applicable requirements of the Code. [Remainder of page intentionally left blank] 155 ARTICLE VI DEFAULTS AND REMEDIES SECTION 6.01. EVENTS OF DEFAULT. The following events shall each constitute an "Event of Default": (A) Default shall be made in the payment of the principal of, Amortization Installment, redemption premium or interest on any Bond when due. In determining whether a payment default has occurred, no effect shall be given to payment made under a Bond Insurance Policy. (B) There shall occur the dissolution or liquidation of the Issuer, or the filing by the Issuer of a voluntary petition in bankruptcy, or the commission by the Issuer of any act of bankruptcy, or adjudication of the Issuer as bankrupt, or assignment by the Issuer for the benefit of its creditors, or appointment of a receiver for the Issuer, or the entry by the Issuer into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the Issuer in any proceeding for its reorganization instituted under the provisions of the Federal Bankruptcy Code, as amended, or under any similar act in any jurisdiction which may now be in effect or hereafter enacted. (C) The Issuer shall default in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in the Bonds or in this Resolution on the part of the Issuer to be performed, and such default shall continue for a period of ninety (90) days after written notice of such default shall have been received from the Holders of not less than twenty-five percent (25%) of the aggregate principal amount of the Outstanding Bonds or any Insurer. Notwithstanding the foregoing, the Issuer shall not be deemed in default hereunder if such default can be cured within a reasonable period of time and if the Issuer in good faith institutes curative action and diligently pursues such action until the default has been corrected. SECTION 6.02. REMEDIES. Any Holder of the Bonds or any trustee or receiver acting for such Bondholders may either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or granted and contained in this Resolution, and may enforce and compel the performance of all duties required by this Resolution or by any applicable statutes to be performed by the Issuer or by any officer thereof, provided, however, that no Holder, Credit Facility Provider, trustee, receiver or other person shall have the right to declare the Bonds immediately due and payable. The Holder or Holders of Bonds in an aggregate principal amount of not less than twenty-five per cent (25%) of the Bonds then Outstanding may by a duly executed certificate in writing appoint a trustee for Holders of Bonds issued pursuant to this Resolution with authority to represent such Bondholders in any legal proceedings for the enforcement and protection of the rights of such Bondholders and such certificate shall be executed by such Bondholders or their duly authorized attorneys or representatives, and shall be filed in the office of the Clerk. Notice of such appointment, together with evidence of the requisite signatures of the Holders of not less than twenty-five percent (25%) in aggregate principal amount of Bonds Outstanding and the trust instrument under which the trustee shall have agreed to serve shall be filed with the Issuer and the 30 156 trustee and notice of appointment shall promptly be given to all Holders of Bonds by first class mail, postage prepaid. After the appointment of the first trustee hereunder, no further trustees may be appointed; however, the holders of a majority in aggregate principal amount of all the Bonds then Outstanding may remove the trustee initially appointed and appoint a successor and subsequent successors at any time. SECTION 6.03. DIRECTIONS TO RECEIVER AS TO REMEDIAL PROCEEDINGS. The Holders of a majority in principal amount of the Bonds then Outstanding (or the Credit Facility Provider for any Series of Outstanding Bonds) have the right, by an instrument or concurrent instruments in writing executed and delivered to any receiver, to direct the method and place of conducting all remedial proceedings to be taken by any receiver hereunder, provided that such direction shall not be otherwise than in accordance with law or the provisions hereof, and that the trustee shall have the right to decline to follow any such direction which in the opinion of such receiver would be unjustly prejudicial to Holders of Bonds not parties to such direction. SECTION 6.04. REMEDIES CUMULATIVE. No remedy herein conferred upon or reserved to the Bondholders is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. SECTION 6.05. WAIVER OF DEFAULT. No delay or omission of any Bondholder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default, or an acquiescence therein; and every power and remedy given by this Section 6.05 to the Bondholders may be exercised from time to time, and as often as may be deemed expedient. No Event of Default may be waived without the consent of each Credit Facility Provider, which has honored all its obligations under its Credit Facility. SECTION 6.06. APPLICATION OF MONEYS AFTER DEFAULT. If an Event of Default shall happen and shall not have been remedied, the Issuer or a trustee or receiver appointed for the purpose shall apply all Ad Valorem Taxes as follows and in the following order: (A) To the payment of the reasonable and proper charges, expenses and liabilities of the trustee or receiver, Registrar and Paying Agent hereunder; and (B) To the payment of the interest and principal then due on the Bonds (provided such payments are made in accordance with applicable law), as follows: (1) Unless the principal of all the Bonds shall have become due and payable, all such moneys shall be applied: FIRST: to the payment to the Persons entitled thereto of all installments of interest then due, in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the Persons entitled thereto, without any discrimination or preference; and 31 157 SECOND: to the payment to the Persons entitled thereto of the unpaid principal of any of the Bonds which shall have become due at maturity in the order of their due dates, with interest upon such Bonds from the respective dates upon which they became due, and, if the amount available shall not be sufficient to pay in full Bonds due on any particular date, together with such interest, then to the payment first of such interest, ratably according to the amount of such interest due on such date, and then to the payment of such principal, ratably according to the amount of such principal due on such date, to the Persons entitled thereto without any discrimination or preference. (2) If the principal of all the Bonds shall have become due and payable, all such moneys shall be applied first, to payment of any unfunded rebatable arbitrage, and second, to the payment of the principal and interest then due and unpaid upon the Bonds, with interest thereon as aforesaid, without preference or priority of principal over interest or of interest over principal, or of any installment of interest over any other installment of interest, or of any Bond over any other Bond, ratably, according to the amounts due respectively for principal and interest, to the Persons entitled thereto without any discrimination or preference. SECTION 6.07. CONTROL BY CREDIT FACILITY PROVIDER. To the extent a Credit Facility Provider makes any payment of principal of or interest on Bonds in accordance with its Credit Facility, such Credit Facility Provider shall become subrogated to the rights of the recipients of such payments in accordance with the terms of its Credit Facility. Upon the occurrence and continuance of an Event of Default, a Credit Facility Provider of a Series of Bonds, if such Credit Facility Provider shall not be in payment default under its Credit Facility, shall be deemed to be the sole owner of such Bonds for purposes of (A) directing and controlling the enforcement of all rights and remedies with respect to such Series of Bonds, including any waiver of an Event of Default and removal of any trustee, and (B) exercising any voting right or privilege or giving any consent or direction or taking any other action that the Holders of such Bonds are entitled to take pursuant to this Article VI hereof. No provision expressly recognizing or granting rights in or to a Credit Facility Provider shall be modified without the consent of such Credit Facility Provider. A Credit Facility Provider's rights under this Section 6.07 shall be suspended during any period in which such Credit Facility Provider is in default in its payment obligations under its Credit Facility (except to the extent of amounts previously paid by such Credit Facility Provider and due and owing to such Credit Facility Provider) and shall be of no force or effect if its Credit Facility is no longer in effect or if the Credit Facility Provider asserts that its Credit Facility is not in effect or if the Credit Facility Provider waives such rights in writing. The rights granted to a Credit Facility Provider under this Section 6.07 are granted in consideration of such Credit Facility Provider issuing its Credit Facility. The Issuer shall provide each Credit Facility Provider immediate notice of any Event of Default described in Section 6.01(A) hereof and notice of any other Event of Default occurring hereunder within five days of the occurrence thereof. Each Credit Facility Provider of any Bonds hereunder shall be considered a third -party beneficiary to this Resolution with respect to such Bonds. [Remainder of page intentionally left blank] 32 M -*3 ARTICLE VII SUPPLEMENTAL RESOLUTIONS SECTION 7.01. SUPPLEMENTAL RESOLUTION WITHOUT BONDHOLDERS' CONSENT. The Issuer, from time to time and at any time, may adopt such Supplemental Resolutions without the consent of the Bondholders (which Supplemental Resolution shall thereafter form a part hereof) for any of the following purposes: (A) To cure any ambiguity or formal defect or omission or to correct any inconsistent provisions in this Resolution or to clarify any matters or questions arising hereunder. (B) To grant to or confer upon the Bondholders any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the Bondholders. (C) To add to the conditions, limitations and restrictions on the issuance of Bonds under the provisions of this Resolution other conditions, limitations and restrictions thereafter to be observed. (D) To add to the covenants and agreements of the Issuer in this Resolution other covenants and agreements thereafter to be observed by the Issuer or to surrender any right or power herein reserved to or conferred upon the Issuer. (E) To specify and determine the matters and things referred to in Section 2.01 hereof, including the issuance of any Series of Bonds, and also any other matters and things relative to such Bonds which are not contrary to or inconsistent with this Resolution as theretofore in effect, or to amend, modify or rescind any such authorization, specification or determination at any time prior to the first delivery of such Bonds. (F) To change or modify the description of the Project. (G) To specify and determine matters necessary or desirable for the issuance of Variable Rate Bonds, Federal Subsidy Bonds or Capital Appreciation Bonds, or the execution and delivery of a Hedge Agreement. (H) To authorize any Project. (I) To make any other change that, in the opinion of the Issuer, would not materially adversely affect the security for the Bonds. In making such determination, the Issuer shall not take into consideration any Bond Insurance Policy. 33 We] SECTION 7.02. SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS' AND CREDIT FACILITY PROVIDER'S CONSENT. Subject to the terms and provisions contained in this Section 7.02 and Sections 7.01 and 7.03 hereof, the Holder or Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding shall have the right, from time to time, anything contained in this Resolution to the contrary notwithstanding, to consent to and approve the adoption of such Supplemental Resolution or Resolutions hereto as shall be deemed necessary or desirable by the Issuer for the purpose of supplementing, modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Resolution; provided, however, that if such modification or amendment will, by its terms, not take effect so long as any Bonds of any maturity remain Outstanding, the consent of the Holders of such Bonds shall not be required and such Bonds shall not be deemed to be Outstanding for the purpose of any calculation of Outstanding Bonds under this Section 7.02. Any Supplemental Resolution which is adopted in accordance with the provisions of this Section 7.02 shall also require the written consent of the Insurer. No Supplemental Resolution may be approved or adopted which shall permit or require (A) an extension of the maturity of the principal of or the payment of the interest on any Bond issued hereunder, (B) reduction in the principal amount of any Bond or the rate of interest thereon, (C) the creation of a lien upon or a pledge of the Ad Valorem Taxes other than the lien and pledge created by this Resolution or as otherwise permitted hereby, (D) a preference or priority of any Bond or Bonds over any other Bond or Bonds, or (E) a reduction in the aggregate principal amount of the Bonds required for consent to such Supplemental Resolution. Nothing herein contained, however, shall be construed as making necessary the approval by Bondholders or a Credit Facility Provider of the adoption of any Supplemental Resolution as authorized in Section 7.01 hereof. If at any time the Issuer shall determine that it is necessary or desirable to adopt any Supplemental Resolution pursuant to this Section 7.02, the Clerk shall cause the Registrar to give notice of the proposed adoption of such Supplemental Resolution and the form of consent to such adoption to be mailed, postage prepaid, to all Bondholders at their addresses as they appear on the registration books and to all Insurers of Bonds Outstanding. Such notice shall briefly set forth the nature of the proposed Supplemental Resolution and shall state that copies thereof are on file at the offices of the Clerk and the Registrar for inspection by all Bondholders. The Issuer shall not, however, be subject to any liability to any Bondholder by reason of its failure to cause the notice required by this Section 7.02 to be mailed and any such failure shall not affect the validity of such Supplemental Resolution when consented to and approved as provided in this Section 7.02. Whenever the Issuer shall deliver to the Clerk an instrument or instruments in writing purporting to be executed by the Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding, which instrument or instruments shall refer to the proposed Supplemental Resolution described in such notice and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the Issuer may adopt such Supplemental Resolution in substantially such form, without liability or responsibility to any Holder of any Bond, whether or not such Holder shall have consented thereto. If the Holders of not less than a majority in aggregate principal amount of the Bonds Outstanding at the time of the adoption of such Supplemental Resolution shall have consented to 34 160 and approved the adoption thereof as herein provided, no Holder of any Bond shall have any right to object to the adoption of such Supplemental Resolution, or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the Issuer from adopting the same or from taking any action pursuant to the provisions thereof. Upon the adoption of any Supplemental Resolution pursuant to the provisions of this Section 7.02, this Resolution shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Resolution of the Issuer and all Holders of Bonds then Outstanding shall thereafter be determined, exercised and enforced in all respects under the provisions of this Resolution as so modified and amended. SECTION 7.03. AMENDMENT WITH CONSENT OF CREDIT FACILITY PROVIDER ONLY. For purposes of amending this Resolution pursuant to Section 7.02 hereof, a Credit Facility Provider of a Series of Bonds shall be considered the Holder thereof, provided such Series of Bonds, at the time of the adoption of the amendment, shall be rated by the rating agencies which shall have rated the Bonds no lower than the initial ratings assigned thereto by such rating agencies. The consent of the Holders of Bonds shall not be required if the Credit Facility Provider shall consent to the amendment as provided by this Section 7.03. The foregoing right of amendment, however, does not apply to any amendment to Section 5.06 hereof with respect to the exclusion of interest on the Bonds from gross income for purposes of federal income taxation or the amendments described in the penultimate sentence of the first paragraph of Section 7.02 hereof. Prior to adoption of any amendment made pursuant to this Section 7.03, notice of such amendment shall be delivered to the rating agencies rating the Bonds. Upon filing with the Clerk of evidence of such consent of a Credit Facility Provider as aforesaid, the Issuer may adopt such Supplemental Resolution. After the adoption by the Issuer of such Supplemental Resolution, notice thereof shall be mailed in the same manner as notice of an amendment under Section 7.02 hereof. [Remainder of page intentionally left blank] M 161 ARTICLE VIII DEFEASANCE SECTION 8.01. DEFEASANCE. If (A) the Issuer shall pay or cause to be paid or there shall otherwise be paid to the Holders of any Series of Bonds the principal and interest or Redemption Price due or to become due thereon, at the times and in the manner stipulated therein and in this Resolution, and (ii) the Issuer shall pay all amounts owing to any Credit Facility Provider issuing a Credit Facility with respect to such Series of Bonds, and all covenants, agreements and other obligations of the Issuer to the holders of such Series of Bonds shall thereupon cease, terminate and become void and be discharged and satisfied. In such event, the Paying Agents shall pay over or deliver to the Issuer all money or securities held by them pursuant to this Resolution which are not required for payment or redemption of any Series of Bonds not theretofore surrendered for such payment or redemption. Any Bonds or interest installments appertaining thereto shall be deemed to have been paid within the meaning of this Section 8.01 if there shall have been deposited in irrevocable trust with a banking institution or trust company by or on behalf of the Issuer either moneys in an amount which shall be sufficient, or Federal Securities verified by an independent certified public accountant to be in such amount that the principal of and the interest on or redemption price which when due will provide moneys which, together with the moneys, if any, deposited with such banking institution or trust company at the same time shall be sufficient, to pay the principal of and interest due and to become due on said Bonds on and prior to the maturity date thereof. Except as hereafter provided, neither the Federal Securities nor any moneys so deposited with such banking institution or trust company nor any moneys received by such bank or trust company on account of principal of or redemption price, if applicable, or interest on said Federal Securities shall be withdrawn or used for any purpose other than, and all such moneys shall be held in trust for and be applied to, the payment, when due, of the principal of or redemption price of the Bonds for the payment of which they were deposited and the interest accruing thereon to the date of maturity; provided, however, the Issuer may substitute new Federal Securities and moneys for the deposited Federal Securities and moneys if the new Federal Securities and moneys are sufficient to pay the principal of and interest on or redemption price of the refunded Bonds. For purposes of determining whether Variable Rate Bonds shall be deemed to have been paid prior to the maturity or the redemption date thereof, as the case may be, by the deposit of moneys, or specified Federal Securities and moneys, if any, in accordance with this Section 8.01, the interest to come due on such Variable Rate Bonds on or prior to the maturity or redemption date thereof, as the case may be, shall be calculated at the Maximum Interest Rate; provided, however, that if on any date, as a result of such Variable Rate Bonds having borne interest at less than the Maximum Interest Rate for any period, the total amount of moneys and specified Federal Securities on deposit for the payment of interest on such Variable Rate Bonds is in excess of the total amount which would have been required to be deposited on such date in respect of such Variable Rate Bonds in order to satisfy this Section 8.01, such excess shall be paid to the Issuer free and clear of any trust, lien, pledge or assignment securing the Bonds or otherwise existing under this Resolution. NRA 162 If Bonds are not to be redeemed or paid within 60 days after any such defeasance described in this Section 8.01, the Issuer shall cause the Registrar to mail a notice to the Holders of such Bonds that the deposit required by this Section 8.01 of moneys or Federal Securities has been made and said Bonds are deemed to be paid in accordance with the provisions of this Section 8.01 and stating such maturity date upon which moneys are to be available for the payment of the principal of and interest on or redemption price of said Bonds. Failure to provide said notice shall not affect the Bonds being deemed to have been paid in accordance with the provisions of this Section 8.01. Notwithstanding anything herein to the contrary, in the event that the principal of or interest due on the Bonds shall be paid by a Credit Facility Provider, such Bonds shall remain Outstanding, shall not be defeased or otherwise satisfied and shall not be considered paid by the Issuer, and the pledge of the Ad Valorem Taxes and all covenants, agreements and other obligations of the Issuer to the Bondholders shall continue to exist and Credit Facility Provider shall be subrogated to the rights of such Bondholders. [Remainder of page intentionally left blank] 37 163 ARTICLE IX MISCELLANEOUS SECTION 9.01. CAPITAL APPRECIATION BONDS. For the purposes of (A) receiving payment of the Redemption Price if a Capital Appreciation Bond is redeemed prior to maturity, or (B) receiving payment of a Capital Appreciation Bond if the principal of all Bonds becomes due and payable under the provisions of this Resolution, or (C) computing the amount of Bonds held by the Holder of a Capital Appreciation Bond in giving to the Issuer or any trustee or receiver appointed to represent the Bondholders any notice, consent, request or demand pursuant to this Resolution for any purpose whatsoever, the principal amount of a Capital Appreciation Bond shall be deemed to be its Accreted Value. SECTION 9.02. SALE OF BONDS. The Bonds shall be issued and sold at public or private sale at one time or in installments from time to time and at such price or prices as shall be consistent with the provisions of the Act, the requirements of this Resolution and other applicable provisions of law, all as provided in a Supplemental Resolution. SECTION 9.03. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this Resolution or which are desirable or consistent with the requirements of this Resolution for the full punctual and complete performance of all the terms, covenants and agreements contained herein or in the Bonds and this Resolution, including the execution of any documents or instruments relating to insuring payment of the Bonds, and each member, employee, attorney and officer of the Issuer or the Clerk are hereby authorized and directed to execute and deliver any and all papers and instruments and to be and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereunder. If the Chairman is unavailable or unable at any time to perform any duties or functions hereunder, the Vice -Chairman is hereby authorized and directed to act on his or her behalf. SECTION 9.04. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements and provisions of this Resolution and shall in no way affect the validity of any of the other covenants, agreements or provisions hereof or of the Bonds issued hereunder. SECTION 9.04. VALIDATION AUTHORIZED. To the extent deemed necessary by Bond Counsel or desirable by the County Attorney, Bond Counsel is authorized to institute appropriate proceedings for validation of the Bonds herein authorized pursuant to Chapter 75, Florida Statutes. SECTION 9.05. REPEAL OF INCONSISTENT RESOLUTIONS. All ordinances, resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. 164 SECTION 9.06. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DONE AND ADOPTED, in Regular Session of the Board of County Commissioners of Indian River County, Florida, this 31St day of January, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (SEAL) Lo ATTEST: Chairman 165 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andrew Sechen, Land Acquisition Specialist SUBJECT: Amendment 1 to Work Order No. 51 - Kimley-Horn and Associates, Inc., Aviation Boulevard Extension - Alternative Alignment Study (IRC -1761) DATE: January 23, 2023 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. On June 7, 2022 Work Order No. 51 was approved by the Board to allow for an Alternative Alignment Study (Study) for the extension of Aviation Boulevard from US -1 to 36th Street. The Study is to evaluate alternative roadway alignments associated with extending Aviation Boulevard from the US Highway 1 to 36th Street. The purpose of the newly contemplated roadway corridor will be to serve as an alternative route to improve existing and future access to the Cleveland Clinic Indian River Hospital, the medical services within this area, and provide traffic congestion relief to 37th Street, which is nearing vehicular capacity. The study included geotechnical evaluations, sidewalk, drainage and roadway design for alternative roadway alignments. The alternative alignments considered will be those that maximize the utilization of existing road right- of-way, minimized impacts to the environment, and resulted in minimized impacts to private property within the corridor. The Board approved Work Order No. 51 for a total lump sum amount of $262,055.00. The Study is nearing completion and Amendment No. 1 to Work Order No. 51 is to allow for property appraisals to be obtained by Kimley-Horn to complete the parcel evaluations associated with the alternative alignments and evaluate the costs associated with acquiring the necessary properties. Attached Amendment 1 to Work Order No. 51 summarizes the parcels identified to be included within the requested appraisal reports. The total negotiated cost for Amendment No. 1 is $28,500.00. Amendment No. 1 increases the total contract amount from $262,055.00 to $290,555.00. FUNDING Funding in the amount of $28,500.00 for Amendment 1 to Work Order No. 51 is available in Account No. 10415241-066510-22010/Traffic Impact Fees/2020-District 2. Account Name Account Number Amount Traffic Impact Fees 2020/District 2/Aviation Extension US Highway 1- to 37th Street 10415241-066510-22010 $28,500.00 RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment No. 1 with Kimley-Horn and Associates, Inc. for an amount not to exceed $28,500.00 and authorize the Chairman to execute the amendment. 166 Page 2 Amendment 1 to Work Order No. 51 - Kimley-Horn and Associates, Inc., Aviation Boulevard Extension - Alternative Alignment Study (IRC -1761) For January 31, 2023 BCC Meeting ATTACHMENTS Amendment 1 to Work Order 51 APPROVED AGENDA ITEM FOR: January 3111, 2022 167 C:\G ra n icu s\Legista r5\L5\Temp\a 3 c5f9d 6-d 3d 8-4a 80-b8eb-fOlO8b9la 874. doc Work Order No. S1- Amendment 1 Aviation Boulevard Extension Alternative Alignment Study AMENDMENT 1 TO WORK ORDER 51 AVIATION BLVD EXTENSION ALTERNATIVE ALIGNMENT STUDY This Amendment 1 to Work Order Number 51 is entered into as of this _ day of 2023, pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 51, Effective Date June 7, 2022. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment 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), and within the timeframe more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. 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 include parcel evaluations associated with the alternative alignments evaluated within the Aviation Boulevard Extension Alternative Alignment Study. The following summarizes the parcels identified to be included within the requested appraisal reports: The following properties are to be provided: 1) Parcels 100A, 100B, 100C, and 100D, 1385 32nd Street, 3145 U.S. #1, 3136 U.S. #1 & 1375 32nd Street. Commercial Building Full & partial takings for alignments A & B. 2) Parcel 101, 3206 U.S. #1, Vacant Commercial Land - Full take 3) Parcels 102 -106, 1386, 1378, 1366, 1356, and 1346 32nd Street. Five individual lots #20 thru #24, Block 2 - Full take. 4) Parcels 108 -112, 1375, 1365, 1355, 1345, and 1335 33rd Street. Five individual lots #8 thru #12, Block 2 - Full take. 5) Parcels 114 -118, 1366, 1346, 1336, 1326, and 1310 33rd Street. Six individual lots #7 thru #12, Block 1- Full take. - Page 1 of 5 168 Work Order No. 51—Amendment 1 Aviation Boulevard Extension Alternative Alignment Study 6) Parcel 120, U.S. #1 - VDI - Commercial Acreage parcel - (2) partial takes - Alignment D &E 7) Parcel 121, U.S. #1 - WJM Holding, LLC - Acreage parcel - (2) partial takes - Alignment D&E 8) Parcel 122, 1285 36th Street - OCVB Real Estate - Medical Condos in Grove Place Medical Center - Partial takes - Alignment H. Range of Value will be provided. 9) Parcel 123, 1155 35th Lane - VBPB, LLC - Two story medical office building - partial Takes - Alignments F, G, & H. Range of Value will be provided for Alignments F and G. Alignment H will require a cure plan with site plan sketch and costs via Kimley-Horn. The above property information has been estimated by the appraisers based on the Aviation Boulevard Extension Alternative Alignment Study. The Consultant will provide appraisal reports on these properties estimating either the Market Value or Just Compensation of each, some under two or three alignment plans. The partial takings for parcel 123 (1285 36th Street) Alternatives F and G will be provided in a range due to the lack of available information regarding cure plans for these medical office properties after significant loss of parking spaces. A cure plan will be provided for Alignment H on this property which we will utilize to provide our opinion of the Just Compensation of the partial take. We will also provide a range of value for parcel 122. Page 2 of 5 169 Work Order No. 51— Amendment 1 Aviation Boulevard Extension Alternative Alignment Study 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 Appraisal Reports Labor Fee $ 28,500 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 3 of 5 170 Work Order No. 51— Amendment 1 Aviation Boulevard Extension Alternative Alignment Study EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, final appraisal reports final design documents are expected to take approximately four (4) months from the Notice to Proceed (NTP). NTP Appraisal Reports contingent upon approval 4 months following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 4 of 5 171 Work Order No. 51—Amendment 1 Aviation Boulevard Extension Alternative Alignment Study IN WITNESS WHEREOF, the parties hereto have executed this Amendment 1 to Work Order 51 as of the date first written above. CONSULTANT: By: Print Name: Brian Good, P.E. Title: Senior Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Michael C. Zito, County Administrator Approved as to form and legal sufficiency: Page 5 of 5 William K. DeBraal, Deputy County Attorney 172 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: January 19, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Utility Work By Highway Contractor Agreement with FDOT for the Adjustment of Utility Valves for the SR -60 Resurfacing from West of CR -512 to West of 94th Drive. Background: The Florida Department of Transportation (FDOT) is planning to resurface SR -60 from County Road (CR) - 512 to west of 94th Drive. The resurfacing project is to begin in the summer of 2023. The resurfacing project will require adjustment of utility valves located along State Route (SR) 60 from 100th Avenue to west of 94th Drive. Analysis: Indian River County Department of Utility Services (IRCDUS) staff has been working with FDOT to provide input into the resurfacing of west SR -60. Staff is of the opinion that the utility work (valve adjustments) should be performed by the same contractor doing the resurfacing construction. Therefore, staff requested FDOT prepare an agreement where the utility work will also be performed by the prospective resurfacing contractor. Funding: The amount is based on the initial estimate that FDOT has included in the agreement, which is $3,460.80, plus a 2% cost for administration and a 10% contingency cost. Since this is an IRCDUS operating project, the total funds of $3,876.10 will come from the Utilities/Water Dist/Hydrants and Valves Maintenance account, number 47126936-044660. Utilities operating funds are derived from water and sewer sales. Upon notification by FDOT of their official estimate, there will be a need to go back to the Board of County Commissioners (BCC) for approval of the official estimate. Description Account Number Amount Utilities/Water Dist/Hydrants and Valves Maintenance 47126936-044660 $3,876.10 Recommendation: Staff recommends that the Board of County Commissioners approve the Florida Department of Transportation - Utility Work by Highway Contractor Agreement, and authorize the Chairman to execute and sign on their behalf. Attachment: 1. FDOT- Utility Work by Highway Contractor Agreement. 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ-06/19 (AT UTILITY EXPENSE) Financial Project ID: 447647-1-52-02 Federal Project ID: Financial Project ID: Financial Project ID: Financial Project ID: County: Indian River State Road No.: 60 District Document No: Utility Agency/Owner (UAO): Indian River County THIS AGREEMENT, entered into this day of year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and Indian River County, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as SR -60 from West of CR -512 to West of 94th Drive, State Road No.: 60, hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: Design of Utility Work a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or before , year of b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project and shall be suitable for reproduction. C. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. Page 1 of 10 174 .s, N 710-010 -22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ-06/19 (AT UTILITY EXPENSE) e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages: Production. Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO; however, the UAO shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. i. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: Everything not specifically included in the scope of services. These exceptions shall be handled by separate arrangement. j. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: TBD (Note: It is the intent of this line to allow either attachment of or separate reference to the permit). Performance of Utility Work The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work exceeds the FDOT's official estimate for the Utility Work by more than ten percent (10%) and Page 2 of 10 175 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-22 UTILITLITIEESS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT in writing within 10 days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Project by the FDOT's contractor. d. If the UAO elects to remove the Utility Work from the FDOT's contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT's contractor in constructing the Project. e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package, except for the following activities: General Engineering Inspection and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. f. Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in accordance with Subparagraph 2. e., the FDOT will perform all contract administration for its construction contract. g. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's engineer. In so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. i. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. 3. Cost of Utility Work The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a. The initial estimate of the cost of the Utility Work is 3,460.80. At such time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. C. At least forty-five (45 ) calendar days prior to the date on which the FDOT advertises the Project for Page 3 of 10 176 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-22 UTILITIES TIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) bids, the UAO will pay to the FDOT an amount equal to the FDOT's official estimate; plus 2% for mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility Work, administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the Contingency Fund). Payment of the funds pursuant to this paragraph will be made (choose one): ❑ directly to the FDOT for deposit into the State Transportation Trust Fund ® as provided in the attached Three Party Escrow Agreement between UAO, FDOT and the State of Florida, Department of Financial Services, Division of Treasury. Deposits of less than $100,000.00 must be pre -approved by the FDOT Comptroller's Office prior to execution of this agreement. e. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the additional amount, regardless of when the accepted bid is posted. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FDOT or his designee. g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. h. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written concurrence promptly and the FDOT determines that the work is necessary, the FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Page 4 of 10 177 10-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT oGc-06/19 (AT UTILITY EXPENSE) Subparagraph 3. e. for future use as the Contingency Fund. Upon final payment to the Contractor, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against UAO a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. C. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out -of -Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph e. below. C. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the FDOT or other permittees using or seeking use of the right of Page 5 of 10 178 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-22 UTILITIESTIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) way. e. The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 6. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. (4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FDOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties. (5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (6) Pursue any other remedies legally available. (7) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from the UAO. Page 6 of 10 179 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BioUTILITIES LITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. (3) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. 7. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON -GOVERNMENT-OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement Page 7 of 10 180 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-22 UTTILITIUTIS ES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. C. The FDOT may unilaterally cancel this Agreement for refusal by the UAO 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 LIAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Harrison Youngblood, P.E., Utilities Engineer 1801 - 27th Street, Bldg. A, Vero Beach, FL 32960 hyoungblood@ircgov.com (772)226-4343 If to the FDOT: Kadian McLean, District Utilities Administrator 3400 W. Commercial Blvd., Ft. Lauderdale, FL 33309 Kadian.McLean@dot.state.fl.us (954)777-4128 10. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes To Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for Page 8 of 10 181 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-0I0-22 ununes UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT oGc-06/19 (AT UTILITY EXPENSE) reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document. You MUST signify by selecting or checking which of the following applies: ® No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document" is attached. ❑ No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: Indian River County BY:(Signature) DATE: (Typed Name: ) (Typed Title: ) Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: Steven C. Braun, P.E.) (Typed Title: Director of Transportation Development) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: ) (Typed Title: ) DATE: Page 9 of 10 182 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010- 22 UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ-06/19 (AT UTILITY EXPENSE) Page 10 of 9 183 Attachments 447647-1-52-02 1. Exhibit A — Scope of Services 2. Appendix A of Assurances 3. Three Party Escrow Agreement EXHIBIT A Scope of Services 447647-1-52-02 The utility work to be performed under this agreement consists of adjustment of Indian River County Water Utilities facilities per plans dated July 13, 2022, by Patel, Greene and Associates, LLC. Summary of Quantities No. Item Description Unit Quantity 425-6 ADJUST VALVE BOX EA 6 185 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS OGC-0 iii (Appendix A of Assurances) Financial Project ID: 447647-1-52-02 Federal Project ID: County: Indian River State Road No.: 60 District Document No: Utility Agency/Owner (UAO): Indian River County During the performance of this Agreement, the Utility Agency Owner (UAO), for itself, its assignees and successors in interest (hereinafter referred to as the UAO), agrees as follows: (1) Compliance with Regulations: The UAO will comply with the Regulations of the FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) relative to nondiscrimination in Federally -assisted programs of the DEPARTMENT (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The UAO, with regard to the work performed by it after award and prior to completion of the UAO work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors, including procurement of materials or leases of equipment. The UAO will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A & B of the Regulations. (3) Solicitations: In all solicitations either by competitive bidding or negotiation made by the UAO for work to be performed under a subcontract, including procurement of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the UAO of the UAO's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) "Buy America" Requirements: The UAO will use domestic steel and/or iron products incorporated into the finished work in compliance with the Buy America provisions of 23 CFR 635.410 as amended. As used in this provision, "steel and/or iron products" means manufactured products that are predominately steel and/or iron products and that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal Highway Administration. As used in this provision, "domestic" means products that are manufactured in the United States which have not undergone any manufacturing process outside of the United States that modified the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through final shaping and coating. If a steel and/or iron product is taken outside the United States for any manufacturing process, it becomes foreign source steel and/or iron products. The UAO may incorporate into the finished work foreign source steel and/or iron products as long as the actual cost of such foreign products does not exceed 0.1 % of the total amount of this Agreement, or $2,500.00 whichever is greater. The UAO will retain documentation verifying compliance with the Buy America provision of this Agreement for a period of 3 years after final payment of the finished work. Upon request, the LIAO will provide the documentation verifying compliance with the Buy America provision of this Agreement. The UAO will provide a certification with the invoice that states the following: "The UAO certifies that all manufactured products that are predominately steel and/or iron are domestic products in compliance with the Buy America provisions of 23 CFR 635.410 as amended except for the foreign source steel and/or iron allowance of 0.1 % of the total amount of the agreement between the Florida Department of Transportation and the UAO, or $2,500.00 whichever is greater." (5) Information and Reports: The UAO will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the DEPARTMENT or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the UAO is in the exclusive possession of another who fails or refuses to furnish this information, the UAO shall so certify to the DEPARTMENT or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 ES REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS Occ 0 /17 (Appendix A of Assurances) (6) Sanctions for Noncompliance: In the event of the UAO's noncompliance with the nondiscrimination provisions of paragraphs (1) through (4), the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the Agreement until the UAO complies; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (7) Incorporation of Provisions: The UAO will include the provisions of paragraph (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto. The UAO will take such action with respect to any subcontract, procurement or lease as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the UAO becomes involved in, or is threatened with, litigation with a subcontractor, supplier or lessor as a result of such direction, the UAO may request the State to enter into such litigation to protect the interests of the State, and, in addition, the UAO may request the United States to enter into such litigation to protect the interests of the United States. 187 THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), Indian River County ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent. WHEREAS, FDOT and Participant are engaged in the following project ("Project"): Project Name: SR -60 from West of CR -512 to West of 94th Drive Project #: 447647-1-52-02 County: Indian River County WHEREAS, FDOT and Participant desire to establish an escrow account for the project. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: An initial deposit will be made into an interest bearing escrow account established hereunder for the purposes of the Project. The escrow account will be opened with the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow account may be made during the life of this agreement. 3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. 4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT's Comptroller or designee. 5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. WIR 7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. FDOT agrees to provide a copy of such written confirmation to Participant upon request. 8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning the escrow account. FDOT agrees to provide a copy of such quarterly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may in good faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss due to the acts or omissions of FDOT and Participant, nor from any separate agreements between FDOT and Participant and shall have no responsibility to monitor or enforce any responsibilities herein or in any separate agreements associated with this Agreement between FDOT and Participant. 11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it in the escrow account in accordance with the instructions given by FDOT's Comptroller or designee and notification from FDOT to Escrow Agent that the account is to be closed. The remainder of this page is blank. IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FDOT-OOC (signature) Name and Title 59-3024028 Federal Employer I.D. Number Date FDOT Legal Review: For Escrow Agent (signature) Name and Title Date For PARTICIPANT (signature) Name and Title Federal Employer I.D. Number Date 190 Public Hearing Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: January 24, 2023 Subject: Miscellaneous Budget Amendment 02 Description and Conditions In accordance with Florida Statue 129.06(2)(f), this public hearing was advertised on Friday, January 27, 2023 for the purpose of hearing comments from the public regarding the changes to the County's FY 2022-2023 budget to reflect actual cash balance dollars being allocated as follows: On December 13, 2022 the Board of County Commissioners approved the FY 22/23 Capital Improvement Element. Exhibit "A" appropriates funding for projects scheduled for the current fiscal year from Cash Forward -Oct 1 st for the following funds: General Fund $282,073, MSTU $794,393, Traffic Impact Fees $4,739,180, Impact Fees $3,531,197, Traffic Impact Fees 2020 $9,553,613, Secondary Roads $2,109,884, Emergency Services $400,000, Tree Fine Fund $75,000, Florida Boating Improvement Fund $25,000, Land Acquisition Fund $900,000, Optional Sales Tax $21,107,193, Vero Lake Estates MSBU $1,140,000, Gifford Streetlighting $50,000, and various grants totaling $20,038,960. 2. Purchase orders encumbered from the previous fiscal year for work not yet not completed, need to be "rolled over" into the current fiscal year. Exhibit "A" appropriates funding from Cash Forward -Oct 1st for the following funds: General Fund $250,619, Impact Fees $349,998, Section 8 $20,388, Secondary Roads $250,215, Transportation Fund $264,294, Emergency Services $2,171,054, 911 Surcharge $36,232, MPO $40,000, Optional Sales Tax $940,734, SWDD $33,501, Building Department $40,864, Utilities $1,005,804, Self - Insurance $56,308 and Information Technology $134,140. 3. Funds for various projects budgeted, but not yet completed in FY 2021/22 need to be "rolled over" into the current fiscal year. Exhibit "A" appropriates various grants/ contributions totaling $10,291,202 and Cash Forward -Oct 1 st for the following funds: General Fund $127,355, Transportation Fund $77,775, Emergency Services $610,624, 911 Surcharge $50,000, Jackie Robinson Training Complex Capital Fund $4,880,136, Optional Sales Tax $101,995, and Utilities $4,953,964. 4. On December 13, 2022, the Board of County Commissioners approved the bid award for County Beach Parks post Hurricane Nicole emergency dune repairs. Exhibit "A" appropriates $662,742 from the Beach Restoration Fund/Cash Forward -Oct 1 st 5. On November 15, 2022, the Board of County Commissioners approved the Sheriff's request to return unspent funds back to the Sheriff's Office in order to cover outstanding purchase orders delayed due to supply chain demands. Exhibit "A" appropriates $470,917 from General Fund/Cash Forward -Oct 1st and $112,142 from Law Enforcement Trust Fund/Cash Forward -Oct 1st 191 Member of the Board of County Commissioners January 24, 2023 Page 2 6. On November 15, 2022, the Board of County Commissioners approved the Locally Funded Agreement for the Oslo Road widening project. Exhibit "A" appropriates $90,000 from Secondary Roads/Cash Forward -Oct 1St 7. On November 8, 2022, the Board of County Commissioners approved the advance purchase of two fire pumpers and one quint. Exhibit "A" appropriates $1,860,000 from Optional Sales Tax/Cash Forward -Oct 1St and $660,000 from Emergency Services District/Cash Forward -Oct 1St 8. On September 13, 2022, the Board of County Commissioners approved the bid award for Transportation of Recyclables to St. Lucie County. Exhibit "A" appropriates $71,100 from SWDD/Cash Forward -Oct 1St 9. On November 1, 2022, the Board of County Commissioners approved Everside Health administering a County Employee Health Clinic/Wellness Center. Exhibit "A" appropriates $1,202,317 from the Employee Health Insurance Fund/Cash Forward -Oct 1St 10. On November 8, 2022, the Board of County Commissioners approved the Central Regional Wastewater Treatment Facility Roof Replacement for $527,672. Exhibit "A" appropriates the additional $321,720 from Utilities/Cash Forward -Oct V. 11. Since the Tax Collector's budget is not due until August 1St, an adjustment is needed to fund the Department of Revenue approved 2022/23 budget. Exhibit "A" appropriates funding from Cash Forward -Oct 1St for the following funds: General Fund $183,175, MSTU $11,074, Emergency Services District $57,072, and Solid Waste $22,038. 12. It is necessary to "roll over" American Rescue Plan Act (ARPA) and Coronavirus Aid, Relief, and Economic Security Act (CARES) expenses to the current fiscal year. Exhibit "A" appropriates expenditures for the remaining funding from FY 2021/2022 to FY 2022/2023 in the amount of $22,818,211 from ARPA funds, $560,452 from CARES funds and $2,902 from Emergency Services District/Cash Forward -Oct 1 St 13. On October 4, 2022, the Board of County Commissioners approved the agreement between Indian River County Emergency Services District and the Agency for Health Care Administration (ARCA). Exhibit "A" appropriates $335,069 from Emergency Services/Cash Forward -Oct 1St, $503,652 in revenue and $838,721 in expenses. 14. On January 17, 2023, the Board of County Commissioners approved the advance purchase of two rescue units programmed for purchase in FY 2023/2024. Exhibit "A" appropriates $506,049 from Optional Sales Tax/Cash Forward -Oct 1St and $506,049 from Emergency Services District/Cash Forward -Oct 1St 15. The County has hired Nabors Giblin & Nickerson in regard to the juridical validation of the proposed General Obligation Bonds (Environmental Endangered Land Program) Series 2023. Exhibit "A" appropriates $35,000 from General Fund/Cash Forward -Oct 1St 16. On November 1, 2022, the Board of County Commissioners approved the bargaining agreement between the Emergency Services District and Indian River County Firefighters/Paramedics Association, Local 2201, International Association of Fire Fighters Union (IAFF). Exhibit "A" appropriates the additional funding of $163,587 from Emergency Services/Cash Forward -Oct 1 It needed to fund the first year of the contract. 192 Member of the Board of County Commissioners January 24, 2023 Page 3 17. On January 17, 2023, the Board of County Commissioners approved the use of Optional Sales Tax for partial funding of the West Wabasso/Septic to Sewer Phase 3. Exhibit "A" appropriates $424,611 from Optional Sales Tax/Cash Forward -Oct 1St 18. An additional GIS Analyst position is needed to fill the department's needs. Exhibit "A" appropriates $90,438 from Information Technology/Cash Forward -Oct 111 Staff Recommendation Staff recommends that after the public hearing, the Board of County Commissioners approve the budget resolution amending the fiscal year 2022-2023 budget. 193 Advertise in TC Palm on Friday, January 27, 2023 NOTICE OF PUBLIC HEARING SUPPLEMENTING FISCAL YEAR 2022-2023 INDIAN RIVER COUNTY, FL BUDGET NOTICE IS HEREBY GIVIEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on January 31, 2023, beginning at 9:00 am, or as soon thereafter as the item may be heard, in the Commission Chambers at the Indian River County Administration Building A, 1801 27th Street, Vero Beach, Florida, for the purpose of hearing comments from the public regarding the changes to the County's FY 2022-2023 budget; to reflect actual cash balance forward dollars from prior fiscal year. General Fund Increase in Expenses $1,349,139 MSTU Fund Increase in Expenses 805,467 Impact Fees Fund CIE 3,881,195 Traffic Impact Fees Fund CIE 4,739,180 Traffic Impact Fees 2020 Fund CIE 9,553,613 Section 8 Housing Ongoing Projects 20,388 Secondary Roads Fund CIE 2,450,099 Transportation Fund Increase in Expenses 342,069 Law Enforcement Trust Fund Ongoing Projects 112,142 Emergency Services District Fund CIE 4,906,357 Tree Fine Fund Fund CIE 75,000 911 Surcharge Ongoing Projects 86,232 MPO Ongoing Projects 40,000 Beach Restoration Fund Dune Restoration 662,742 Florida Boating Improvements Fund CIE 25,000 ARP Funds Ongoing Projects 22,818,211 CARES Act Funds Ongoing Projects 560,452 Land Acquisition Fund Fund CIE 900,000 Gifford Streetlighting Fund Fund CIE 50,000 Vero Lake Estates Assessment Fund CIE 1,140,000 Jackie Robinson Training Complex Ongoing Projects 4,880,136 Optional Sales Tax Fund CIE 24,940,582 Solid Waste Disposal District Ongoing Projects 126,639 Building Department Ongoing Projects 40,864 Utilities Ongoing Projects 6,281,488 Self Insurance Fund Ongoing Projects 56,308 Health Insurance Fund Health Clinic 1,202,317 Information Technology Ongoing Projects/ Additional Position 224,578 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 testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act (ADA) Coordinator at 772-226-1223 at least 48 hours in advance of the meeting. 194 RESOLUTION NO. 2023- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2022-2023 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2022-2023 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2022-2023 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2022-2023 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2023. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY 195 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 02 196 1of12 Type Fund/ Department/Account Name Account Number Increase Decrease General Fund/Cash Forward -Oct 1st 001039-389040 $282,073 $0 MSTU/Find Grant -Jones Pier 004033-337710-18010 $130,000 $0 MSTU/Cash Forward -Oct 1st 004039-389040 $794,393 $0 Traffic Impact Fees/Cash Forward -Oct 1st 102039-389040 $4,739,180 $0 Impact Fees/Cash Forward -Oct 1st 103039-389040 $3,531,197 $0 Traffic Impact Fees 2020/Cash Forward -Oct 104039-389040 $9,553,613 $0 1 st Secondary Roads/FDOT Grant/6th Ave-US1 109033-334400-19008 $1,219,647 $0 to 21 st St. Secondary Roads/Cash Forward -Oct 1st 109039-389040 $2,109,884 $0 Emergency Services/Cash Forward -Oct 1st 114039-389040 $400,000 $0 Tree Fine Fund/Cash Forward -Oct 1st 117039-389040 $75,000 $0 Florida Boating Improvement Fund/Cash 133039-389040 $25,000 $0 Forward -Oct 1 st Land Acquisition Fund/FDEP Hallstrom Grant 145033-331300-19027 $150,000 $0 Land Acquisition Fund/Find Grant/Jones Pier 145033-337304-18010 $84,000 $0 Improvements 1. Revenue Land Acquisition Fund/Cash Forward -Oct 1st 145039-389040 $900,000 $0 Optional Sales Tax/Hazard Mitigation -Jones 315033-331301-18010 $65,000 $0 Pier Optional Sales Tax/DHR Historic 315033-334703-19006 $14,500 $0 Grant/Kroegel -Barn Structure Optional Sales Tax/IRNEP Grant/Lost Tree 315033-337300-20001 $65,000 $0 Conservation Area Optional Sales Tax/FDEP Moorhen Marsh 315033-334301-16018 $650,000 $0 Grant Optional Sales Tax/SJRWMD Grant 315033-337300-16018 $306,331 $0 Optional Sales Tax/43rd Ave -FDOT Grant 315033-334400-06041 $2,173,473 $0 Optional Sales Tax/DOT Grant/66th Ave -49th 315033-334403-07806 $8,181,009 $0 to 69th Optional Sales Tax/FDOT TRIP Grant/66th 315033-334403-16009 $7,000,000 $0 Ave/69th to 89th Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $21,107,193 $0 Vero Lake Estates/Cash Forward -Oct 1st 185039-389040 $1,140,000 $0 Gifford Streetlights/Cash Forward -Oct 1st 181039-389040 $50,000 $0 Total Revenue $64,746,493 196 1of12 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 02 197 2 o 12 Type Fund/ Department/Account Name Account Number Increase Decrease General Fund/Parks/Other Capital 00121072-066391 $50,000 $0 Improvements -Fairgrounds General Fund/NC Library/NC Library 00111271-066510-20027 $232,073 $0 Expansion MSTU/Parks/Jones Pier Improvements 00421072-066510-18010 $130,000 $0 MSTU/Parks/58th Ave Ballfield Exp. & 00421072-066510-18001 $794,393 $0 Renovation Traffic Impact Fees/District 1/66th Ave/69th- 10215141-066510-16009 $637,036 $0 85th Street Traffic Impact Fees/District II/Aviation Ext- 10215241-066510-22010 $2,488,572 $0 US1 to 37th & 41st St Traffic Impact Fees/District III/8th St & 66th 10215341-066440-20015 $800,000 $0 Ave Traffic Impact Fees/District III/90th Ave & Oslo 10215341-066510-22039 $21,127 $0 Corridor Traffic Impact Fees/District III/8th St 10215341-066510-23010 $450,000 $0 Reconstruction/74th Ave -82nd Ave Traffic Impact Fees/District 111/27th @ Oslo - 10215341-066510-23011 $342,445 $0 North Bound Right Lane Impact Fees/Parks/58th Ave Ballfield Exp & 10321072-066510-18001 $1,087,432 $0 Renovation Impact Fees/Parks/Pickleball Complex South 10321072-066510-20002 $469,765 $0 County Impact Fees/Facilities/Admin Building B 10322019-066510-20036 $600,000 $0 1. Expense Expansion Impact Fees/Emergency Services/ Emergency 10322019-066510-20037 $175,000 $0 OPS Center Expansion Impact Fees/Emergency Services/Automotive 10312022-066420 $349,000 $0 Impact Fees/Law Enforcement 10360021-066510-21019 $850,000 $0 Traffic Impact Fees 2020/District 1/66th 10415141-066510-07806 $5,818,991 $0 Ave/49th to 69th Traffic Impact Fees 2020/District I/ROW/26th 10415141-066120-15002 $250,000 $0 St/58th to 66th Traffic Impact Fees 2020/District 1/58th 10415141-066510-17021 $1,595,010 $0 Widening/53rd to 57th Traffic Impact Fees 2020/District II/26th 10415241-066120-06011 $312,400 $0 St/43rd to 58th Traffic Impact Fees 2020/District 1/69th St 10415141-066510-19003 $8,229 $0 Reclamation 66th to US1 Traffic Impact Fees 2020/District II/Aviation 10415241-066510-22010 $1,411,428 $0 Extension Traffic Impact Fees 2020/District II/27th @ 10415241-066510-23011 $157,555 $0 Oslo -N Bound Right Lane Secondary Roads/Shooting Range 10921441-053360-23018 $300,000 $0 Resurfacing Secondary Roads/Road & Bridge/6th Ave/US 10921441-066510-19008 $2,326,229 $0 1 to 21 st St. Secondary Roads/Road & Bridge/IR Blvd Ped 10921441-066510-21021 $200,000 $0 & Bike Access 197 2 o 12 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 02 Type Fund/ Department/Account Name Account Number Increase Decrease Secondary Roads/Road & BridgeNero Lake Estates Road Paving 10921441-066510-06060 $380,000 $0 Emergency Services/Fire Rescue/Upgrade Training Site @ EOC 11412022-066510-20037 $100,000 $0 Emergency Services/Fire Rescue/FS# 11 Renovations 11412022-066510-22040 $300,000 $0 Tree Fine Fund/Parks/S. Prong Slough Conservation Area 11721072-066510-20009 $75,000 $0 Florida Boating Improvement/Parks/Harmony Oaks -Phase 3 Kayak -Overlook 13321072-066510-22018 $25,000 $0 Land Acquisition Fund/Hallstrom Farmstead Cons. Improvements 14514639-066510-19027 $150,000 $0 Land Acquisition Fund/Jones Pier Improvements 14514639-066510-18010 $534,000 $0 Land Acquisition Fund/Sebastian Harbor Preserve 14514639-066390-18035 $450,000 $0 Optional Sales Tax/NC Library Expansion 31511271-066510-20027 $1,283,269 $0 Optional Sales Tax/Fire Rescue/All Land- Fire Rescue Station #15 31512022-066110-20032 $793,635 $0 Optional Sales Tax/Fire Rescue/800 MHz Upgrade -P25 Compliance 31512022-066510-16004 $286,563 $0 Optional Sales Tax/Fire Rescue/Fire Station #7 Construction 31512022-066510-19020 $3,320,000 $0 1. Expense Optional Sales Tax/Fire Rescue/Fire Station #15 Construction 31512022-066510-20032 $1,860,000 $0 Optional Sales Tax/Parks/Oyster Bar Boardwalk & Parking 31521072-066390-18009 $100,000 $0 Optional Sales Tax/Parks/Hosie Schuman Park Improvements 31521072-066390-18011 $254,580 $0 Optional Sales Tax/Pa rks/Wabasso Scrub Area Improvements 31521072-066390-18018 $65,000 $0 Optional Sales Tax/Parks/Lost Tree Conservation Improvements 31521072-066510-20001 $65,000 $0 Optional Sales Tax/Parks/S. Prong Slough Conservation Area 31521072-066390-20009 $100,000 $0 Optional Sales Tax/Parks/Archie Smith Fish House Restoration 31521072-066510-14004 $390,000 $0 Optional Sales Tax/Parks/Jones Pier Improvements 31521072-066510-18010 $261,400 $0 Optional Sales Tax/Parks/Kroegel Homestead 31521072-066510-19006 $14,500 $0 Optional Sales Tax/Parks/Hallstrom Farmstead Cons. Area 31521072-066510-19027 $850,000 $0 Optional Sales Tax/Parks/JRTC Walking Trail 31521072-066510-19021 $350,000 $0 Optional Sales Tax/Parks/Pickleball Complex South County 31521072-066510-20002 $250,000 $0 Optional Sales Tax/Parks/Shooting Range Clays Trail Elevation 31521072-066510-21011 $500,000 $0 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 02 199 4 o 12 Type Fund/ Department/Account Name Account Number Increase Decrease Optional Sales Tax/Parks/iG/Dick Bird Park 31521072-066510-23014 $150,000 $0 Improvements Optional Sales Tax/Parks/iG/Fran B Adams 31521072-066510-23016 $304,000 $0 Ballfield Fencing Optional Sales Tax/Parks/Victor Hart Parking 31521072-066510-18005 $348,600 $0 Improvements Optional Sales Tax/Parks/Beach Parks 31521072-066510-23017 $250,000 $0 Parking & Dr Recon Optional Sales Tax/Parks/Victor Hart Sr. 31521072-066510-23019 $250,000 $0 Restrooms/Concession Optional Sales Tax/Parks/Beach Parks -Septic 31521072-066510-23020 $200,000 $0 to Sewer Optional Sales Tax/Road & Bridge/43rd Ave- 31521441-066510-06041 $5,169,053 $0 18th S -26th St Optional Sales Tax/Road & Bridge/66th 31521441-066510-07806 $8,181,009 $0 Ave/49th to 69th Optional Sales Tax/Road & Bridge/66th 31521441-066510-16009 $7,000,000 $0 Ave/69th-85th St 1. Expense Optional Sales Tax/Road & Bridge/58th Ave- 31521441-066510-15013 $3,601,255 $0 49th to 53rd Optional Sales Tax/Road & Bridge/8th St 31521441-066510-23009 $67,893 $0 Reconstruct 66th -74th Optional Sales Tax/Fleet Facility Pumps & 31524219-066490 $375,000 $0 Tracking Devices Optional Sales Tax/Sheriff/Corrections Control 31560086-066510-23022 $1,315,418 $0 Systems Optional Sales Tax/Public Works/Rockridge 31524338-066510-23025 $150,000 $0 Valves Optional Sales Tax/Public Works/CIP- 31524338-066510-16018 $1,456,331 $0 Moorhen Marsh Vero Lake Estates/VLE Paving 18521441-066510-21033 $1,140,000 $0 Secondary Roads/Road Resurfacing/IR Blvd 10921441-053360-21014 $123,302 $0 Resurface -Barber -53rd Gifford Streetlights/49th Street Signalization 18121441-066440-22012 $50,000 $0 Improvements Total Expense $64,746,493 General Fund/Cash Forward -Oct 1st 001039-389040 $250,619 $0 Impact Fees/Cash Forward -Oct 1st 103039-389040 $349,998 $0 Section 8/Cash Forward -Oct 1st 108039-389040 $20,388 $0 2. Revenue Secondary Roads/Cash Forward -Oct 1st 109039-389040 $250,215 $0 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $264,294 $0 Emergency Services/Cash Forward -Oct 1st 114039-389040 $2,171,054 $0 911 Surcharge/Cash Forward -Oct 1st 120039-389040 $36,232 $0 199 4 o 12 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 02 200 5of12 Type Fund/ Department/Account Name Account Number Increase Decrease MPO/Cash Forward -Oct 1st 124039-389040 $40,000 $0 Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $940,734 $0 SWDD/Cash Forward -Oct 1st 411039-389040 $33,501 $0 Building Dept/Cash Forward -Oct 1st 441039-389040 $40,864 $0 Revenue Utilities/Cash Forward -Oct 1st 471039-389040 $1,005,804 $0 Self Insurance/Cash Forward -Oct 1st 502039-389040 $56,308 $0 Information Technology/Cash Forward -Oct 1st 505039-389040 $134,140 $0 Total Revenue $5,594,151 General Fund/Emergency Management/Other 00120825-035290 $4,028 $0 Operating Supplies General Fund/Parks/Other Improvements 00121072-066390 $2,566 $0 Except Bldgs General Fund/Parks/Other Machinery & 00121072-066490 $33,180 $0 Equipment General Fund/Facilities Mgmt/Other 00122019-033490 $19,064 $0 Contractual Service General Fund/Facilities Mgmt/Maint- iG 00122019-034614 $125,242 $0 2. Center General Fund/Facilities Mgmt/Maint-Air 00122019-034620 $39,139 $0 Conditioning General Fund/FPL Grant/EDP Equipment 00123725-066470 $27,400 $0 Impact Fees/Fire Services/Automotive 10312022-066420 $349,998 $0 Section 8/Rental Assistance/Other 10822264-033190 $20,388 $0 Expense Professional Service Secondary Roads/Pipe & Culvert 10921441-035320 $100,215 $0 Secondary Roads/Traffic Controllers 10921441-066510-05017 $150,000 $0 Transportation Fund/Road & Bridge/ 11121441-066420 $123,900 $0 Automotive Transportation Fund/Traffic Engineering/ 11124541-035350 $17,880 $0 Pavement Markings Transportation Fund/Traffic Engineering/ 11124541-068003 $9,750 $0 Software Transportation Fund/Stormwater/Other 11128138-033490-05057 $25,882 $0 Contractual Services/Egret Marsh Transportation Fund/Stormwater/Other 11128138-066490 $86,882 $0 Machinery & Equipment Emergency Services/Fire Rescue/Maint-Auto 11412022-034640 $5,692 $0 Equipment Emergency Services/Fire Services/Other 11412022-066390 $8,478 $0 Improvements Except Bldgs. 200 5of12 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 02 201 6of12 Type Fund/ Department/Account Name Account Number Increase Decrease Emergency Services/Fire Services/ 11412022-066420 $2,093,508 $0 Automotive Emergency Services/Fire Services/Other 11412022-066490 $18,719 $0 Machinery & Equipment Emergency Services/Fire Rescue/Computer 11412022-035120-20023 $10,500 $0 Software/PEMT Program Emergency Services/Fire Rescue/Other 11412022-066490-20023 $25,162 $0 Machinery & Equipment/PEMT Program Emergency Services/Fire 11412022-068003-20023 $8,995 $0 Rescue/Software/PEMT Program 911 Surcharge/Communication 12013325-035120 $36,232 $0 Center/Computer Software MPO/Planning/Other Contractual Services- 12420415-033490-08014 $40,000 $0 TDP Major Update Optional Sales Tax/Fire Rescue/Automotive 31512022-066420 $691,298 $0 Optional Sales Tax/Parks/Parks Playground 31521072-066510-20040 $249,436 $0 Improvements SWDD/Landfill/Other Professional Services 41121734-033190 $25,350 $0 SWDD/CC & Recycling/All Office Supplies 41125534-035110 $8,151 $0 Building Department/Other Contractual 44123324-033490 $40,864 $0 Services Utilities/WW Treatment/Rent-Heavy 47121836-034450 $1,890 $0 2. Expense Equipment Utilities/WW Treatment/Utility Renewal & 47121836-044699 $5,926 $0 Replacement Utilities/WW Treatment/WWTF RAS/WAS 47121836-044699-19525 $97,459 $0 Replacement Utilities/WW Treatment/WWTF/Central 47121836-044699-19521,-, $62,625 $0 WWTF Gearbox Replacement Utilities/WW Treatment/West WWTF Grit 47121836-044699-21529 $29,250 $0 Cleanse Utilities/WW Treatment/WWTF Pump R&R 47121836-044699-21531 $214,170 $0 Utilities/WW Treatment/South WWTF Grit 47121836-044699-21537 $11,635 $0 Pump/Pipe Replacement Utilities/Water Production/Well Maintenance 47121936-044620 $1,500 $0 Utilities/Water Production/NWTP Well Rehab 47121936-044699-19540 $144,946 $0 Utilities/Water Production/WTP Pump R&R 47121936-044699-21532 $102,100 $0 Utilities/Water Production/Water Storage Tank 47121936-044740 $38,548 $0 Maint. Utilities/General & Engineering/Other 47123536-033190 $51,461 $0 Professional Services Utilities/WW Collection/Lift Station Maint. 47126836-044670 $7,021 $0 Utilities/WW Collection/Lift Station Rehab 47126836-044699-19512 $10,796 $0 201 6of12 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 02 202 7of12 Type Fund/ Depart ment/Account Name Account Number Increase Decrease Utilities/WW Collection/Line Replace & Repair 47126836-044699-19548 $29,622 $0 Utilities/WW Collection/Slip Lining 47126836-044699-21508 $13,831 $0 Utilities/WW Collection/Lift Station Pump R&R 47126836-044699-21520 $8,154 $0 Utilities/Water Distribution/Maintenance- Heavy Equipment 47126936-034650 $24,864 $0 Utilities/Water Distribution/Computer Hardware Upgrade 47126936-035130 $730 $0 2. Expense Utilities/Water DistributionNalve Replacement 47126936-044699-19551 $111,251 $0 Utilities/Water Distribution/Line Replacements 47126936-044699-19552 $21,037 $0 Utilities/Spoonbill/Mixer Replacement 47129236-044699-21545 $16,988 $0 Self Insurance/Risk Mgmt/General Liability Insurance 50224619-034530 $56,308 $0 Information Technology/IS/Other Professional Services 50524113-033190 $134,140 $0 Total Expense $5,594,151 General Fund/SRA FTA Sec 5307 ARP Grant 001033-331410-22701 $973,815 $0 General Fund/CARES ACT -Section 5311 -SRA 001033-331423-20715 $60,625 $0 General Fund/FDOT Service Grant 001033-334420 $46,800 $0 General Fund/DOT Public Transit Block Grant 001033-334450 $1,222,793 $0 General Fund/CARES ACT -Section 5307 -SRA 001033-331410-20714 $1,096,859 $0 General Fund/FTA Section 5307 -SRA 001033-331410 $6,269,918 $0 General Fund/Emergency Mgmt Performance Grant-ARPA 001033-331231-21721 $397 $0 3. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $127,355 $0 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $77,775 $0 Emergency Services/Cash Forward -Oct 1st 114039-389040 $610,624 $0 911 Surcharge/Cash Forward -Oct 1st 120039-389040 $50,000 $0 CDBG/CDBG Grant 129033-331554-19802 $269,995 $0 FL Boating Improvement Fund/FIND Grant 133033-337710-22013 $150,000 $0 FL Boating Improvements/Other Contributions/ELC Dock 133038-366090-22013 $200,000 $0 JRTC/Cash Forward -Oct 1st 308039-389040 $4,880,136 $0 202 7of12 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 02 203 8of12 Type Fund/ Department/Account Name Account Number Increase Decrease Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $101,995 $0 Revenue Utilities/Cash Forward -Oct 1st 471039-389040 $4,953,964 $0 Total Revenue $21,093,051 General Fund/Main 00110971-038960 $5,000 $0 Library/Preservation/Restoration General Fund/Agencies/Other Machinery & 00111041-066490-54001 $5,754,335 $0 Equipment General Fund/Agencies/Community 00111041-088230-54001 $1,785,176 $0 Transportation Coordinator/SRA General Fund/Agencies/CARES ACT -Section 00111041-088230-20715 $60,625 $0 5311 -SRA General Fund/Agencies/FTA 5307 CARES 00111041-088230-20714 $1,096,859 $0 ACT -SRA General Fund/Agencies/SRA FTA 5307 ARP 00111041-088230-22701 $973,815 $0 Grant General Fund/Emergency Mgmt/Computer 00120825-035130-21721 $397 $0 Hardware-EMPG ARPA General Fund/Human Services/Other 00121164-033190 $4,005 $0 Professional Service General Fund/Parks/Other Improvements 00121072-066390 $18,350 $0 Except Bldgs General Fund/Facilities Management/Daise 00122019-034618 $50,000 $0 3. Hope Maint/Other Equipment General Fund/FPL Grant/Other Operating 00123725-035290 $50,000 $0 Supplies Expense Transportation Fund/Stormwater/Automotive 11128138-066420 $27,775 $0 Transportation Fund/Stormwater/Other 11128138-033490-22041 $50,000 $0 Contractual Services-VLE Stormwater Emergency Services/Fire Rescue/Legal 11412022-033110 $15,691 $0 Services Emergency Services/Fire Rescue/EDP 11412022-066470 $18,500 $0 Equipment Emergency Services/Fire Rescue/Computer 11412022-035120-20023 $20,775 $0 Software/PEMT Program Emergency Services/Fire Rescue/Other 11412022-035290-20023 $521,496 $0 Operating Supplies/PEMT Program Emergency Services/Fire Rescue/Other 11412022-066490-20023 $25,162 $0 Machinery & Equipment/PEMT Program Emergency Services/Fire 11412022-068003-20023 $9,000 $0 Rescue/Software/PEMT Program 911 Surcharge/Communication Center/Office 12013325-066410 $50,000 $0 Furniture & Equipment CDBG/Other Contractual Services 12913054-033490-19802 $269,995 $0 FL Boating Improvement Fund/FIND 13321072-066510-22013 $350,000 $0 Grant/ELC Dock Replacement JRTC/Amendment #2/Asbestos Remediation 30816275-066510-23003 $570,000 $0 203 8of12 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 02 40 9 o 12 Type Fund/ Department/Account Name Account Number Increase Decrease JRTC/Amendment #2/Exec/Championship 30816275-066510-23002 $3,494,900 $0 Hall JRTC/Press Box/Concession Restoration 30816275-066510-22015 $117,918 $0 JRTC/Amendment # 2/Other Machinery & 30816275-066490-23001 $100,000 $0 Equipment JRTC/Amendment # 2/Maintenance 30816275-034610-23001 $100,000 $0 JRTC/JRTC-Capital 30816275-066490-19024 $448,575 $0 JRTC/JRTC-Maintenance 30816275-034610-19024 $48,743 $0 Optional Sales Tax/Parks/Round Island 31521072-066490 $101,995 $0 Lifeguard Tower Utilities/WW Treatment/WWWTF Oxidation 47121836-044699-21540 $8,752 $0 3. Expense Ditch & Walkway Utilities/Water Production/Other Professional 47121936-033190 $313,466 $0 Services Utilities/Water Production/SWTP Membrane & 47121936-044699-19503 $2,651,008 $0 Retrofit Utilities/Water Production/WTP Scada System 47121936-044699-19536 $1,258,990 $0 Updates Utilities/Water Production/NWTP Well Rehab 47121936-044699-19540 $145,591 $0 Utilities/Gen & Engineering/Other Professional 47123536-033190 $375,355 $0 Services Utilities/WW Collection/58th Ave 47126836-044699-19564 $183,553 $0 Relocation/53rd to 57th Utilities/Spoonbill Marsh/Other Professional 47129236-033190 $17,249 $0 Services Total Expense $21,093,051 Revenue Beach Restoration Fund/Cash Forward -Oct 128039-389040 $662,742 $0 c 4 Beach Restoration Fund/Other Contractual 12814472-033490-22601 $295,534 $0 Expense Services/Hurricane Ian Beach Restoration Fund/Other Contractual 12814472-033490-23007 $367,208 $0 Services/Hurricane Nicole General Fund/Cash Forward -Oct 1st 001039-389040 $470,917 $0 Revenue Law Enforcement Trust Fund/Cash Forward- 112039-389040 $112,142 $0 5. Oct 1st General Fund/Sheriff/Law Enforcement 00160086-099040 $470,917 $0 Expense Law Enforcement Trust Fund/Sheriff/Law 11260086-099040 $112,142 $0 Enforcement Revenue Secondary Roads/Cash Forward -Oct 1st 109039-389040 $90,000 $0 6. Expense Secondary Roads/Road & Bridge/Oslo 10921441-034688 $90,000 $0 Widening 40 9 o 12 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 02 205 10 of 12 Type Fund/ Department/Account Name Account Number Increase Decrease Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $1,860,000 $0 Revenue Emergency Services/Cash Forward -Oct 1st 114039-389040 $660,000 $0 7. Optional Sales Tax/Fire Rescue/Automotive 31512022-066420 $1,860,000 $0 Expense Emergency Services District/Fire 11412022-066420 $660,000 $0 Rescue/Automotive Revenue SWDD/Cash Forward -Oct 1st 411039-389040 $71,100 $0 8. Expense SWDD/CC & Recycling/Other Contractual 41125534-033490 $71,100 $0 Services Revenue Employee Health Insurance/Cash Forward- 504039-389040 $1,202,317 $0 9. Oct 1 st Expense Employee Insurance Fund/Other Contractual 50412719-033490-23005 $1,202,317 $0 Services/Employee Health Clinic Revenue Utilities/Cash Forward -Oct 1st 471039-389040 $321,720 $0 10. Expense Utilities/WW Treatment/R&&R/Central WWTF 47121836-044699-18519 $321,720 $0 Roof Replacement General Fund/Cash Forward -Oct 1st 001039-389040 $183,175 $0 MSTU/Cash Forward -Oct 1st 004039-389040 $11,074 $0 Revenue Emergency Services/Cash Forward -Oct 1st 114039-389040 $57,072 $0 SWDD/Cash Forward -Oct 1st 411039-389040 $22,038 $0 11. General Fund/Tax Collector/Budget Transfer 00140086-099070 $180,178 $0 General Fund/Tax Collector/OPEB 00140013-012160 $2,997 $0 Expense MSTU/Tax Collector/Budget Transfer 00440086-099070 $11,074 $0 Emergency Services District/Tax 11412022-099070 $57,072 $0 Collector/Budget Transfer SWDD/Landfill/Tax Collector/Budget Transfer 41121734-099070 $22,038 $0 ARP Fund/Cash Forward -Oct 1st 138039-389040 $22,818,211 $0 Revenue CARES Act/Cash Forward -Oct 1st 139039-389040 $560,452 $0 Emergency Services/Cash Forward -Oct 1st 114039-389040 $2,902 $0 12. ARP Fund/SHARP Program/Regular Salaries 13822469-011120 $65,107 $0 ARP Fund/Fire Services/Workers 13812022-012140 $309,424 $0 Expense Compensation ARP Fund/Sheriff/Workers Compensation 13860021-012140 $455,465 $0 ARP Fund/Information Systems/Other 13824113-033190 $55,790 $0 Professional Services 205 10 of 12 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 02 O 11 of 12 Type Fund/ Department/Account Name Account Number Increase Decrease ARP Fund/Office of Management & 13822913-033190 $15,000 $0 Budget/Other Professional Services ARP Fund/Purchasing/Other Operating 13821613-035290 $119,069 $0 Supplies ARP Fund/Office of Management & 13822913-036990 $72,950 $0 Budget/Inter-Dept Charges ARP Fund/Information Systems/Computer 13824113-035120 $25 $0 Software ARP Fund/Construction in Progress/Sebastian 13821936-066510-17513 $1,000,000 $0 Phase II Water & Sewer ARP Fund/Construction in Progress!South 13821936-066510-19503 $6,000,000 $0 WTP Membranes & Retrofit ARP Fund/Construction in Progress/West 13821936-066510-21512 $1,000,000 $0 Wabasso Sewer Phase 3 ARP Fund/Roads/Road Resurfacing 13821441-053360 $2,979,119 $0 ARP Fund/Information Systems/Broadband 13824113-066455 $3,413,744 $0 Communications Equipment ARP Fund/Fire Services/Other Machinery & 13812022-066490 $371,660 $0 Equipment ARP Fund/Fire Services/Computer Software 13812022-035120 $143,553 $0 ARP Fund/Agencies/United Way 13811069-088006 $780,563 $0 12. Expense ARP Fund/SHARP Program/Closing Funds- 13822469-088052 $3,891,327 $0 Homes for Sale ARP Fund/Agencies/Chamber of Commerce 13811059-088750 $68,750 $0 ARP Fund/Budget Transfer -Clerk of Court 13830086-099020 $651,939 $0 ARP Fund/Sheriff-Law Enforcement 13860086-099040 $1,051,508 $0 ARP Fund/Budget Transfer -Property 13850086-099060 $15,000 $0 Appraiser ARP Fund/Budget Transfer -Tax Collector 13840086-099070 $250,371 $0 ARP Fund/Budget Transfer -Supervisor 13870086-099110 $107,847 $0 Election CARES Act/Overtime 13922869-011140 $85,169 $0 CARES Act/Fire Services/Worker's 13912022-012140 $38,687 $0 Compensation CARES Act/Office of Management & 13922913-033190 $46,020 $0 Budget/Other Professional Services CARES Act/Purchasing/Other Operating 13921613-035290 $168,805 $0 Supplies CARES Act/Regular Salaries 13922869-011120 $214,732 $0 CARES Act/Agencies/State Agencies 13911069-088717 $7,039 $0 12. Expense Emergency Services District/Fire 11412022-066420 $2,902 $0 Services/Automotive O 11 of 12 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 02 207 12 of 12 Type Fund/ Department/Account Name Account Number Increase Decrease Emergency Services/Cash Forward -Oct 1st 114039-389040 $335,069 $0 Revenue 13. Emergency Services/PEMT Program 114034-342611 $503,652 $0 Distribution Expense Emergency Services/Fire Rescue/Other 11412022-035290-20023 $838,721 $0 Operating Supplies-PEMT Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $506,049 $0 Revenue Emergency Services/Cash Forward -Oct 1st 114039-389040 $506,049 $0 14. Optional Sales Tax/Fire Services/Automotive 31512022-066420 $506,049 $0 Expense Emergency Services./Fire Services/ 11412022-066420 $506,049 $0 Automotive Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $35,000 $0 15. Expense General Fund/County Attorney/Legal Services 00110214-033110 $35,000 $0 Revenue Emergency Services/Cash Forward -Oct 1st 114039-389040 $163,587 $0 16. Expense Emergency Services/Fire Rescue/Firefighter 11412022-011160 $163,587 $0 Local Incentive Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $424,611 $0 Revenue Impact Fee/Fund Transfer In/ W.Wabasso 472039-381020-21512 $106,119 $0 Phase 3 17. Optional Sales Tax/Fund Transfer Out 31519981-099210 $106,119 $0 Expense Optional Sales Tax/WW Collection/West 31526836-066510-21512 $318,492 $0 Wabasso Sewer Phase 3 Impact Fee/Cash Forward -September 30 47223536-099920 $106,119 $0 Revenue Information Technology/Cash Forward -Oct 1st 505039-389040 $90,438 $0 Information Technology/GIS/Regular Salaries 50510319-011120 $63,987 $0 Information Technology/GIS/Social Security 50510319-012110 $3,968 $0 Information Technology/GIS/Retirement 50510319-012120 $7,621 $0 18. Expense Information Technology/GIS/Insurance-Life & 50510319-012130 $13,455 $0 Health Information Technology/GIS/Workers 50510319-012140 $87 $0 Compensation Information Tech nology/G I S/OPEB 50510319-012160 $392 $0 Information Technology/GIS/Medicare 50510319-012170 $928 $0 207 12 of 12 J061 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION • Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Susan Mehiel, Alliance for Safe Trains 130 Island Cottage Ln, 32963 ADDRESS: Brightline update SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? • WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? • PHONE: 828-606-5369 YES F7 NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES Fv� NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmittea to Administrator Via: Interactive Web Form ✓ E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown 1: Item 10.6.1. 01/31/2023 ➢ Reminder: 34 trains per day at 110 mph 125 crossings (4 counties) x 34 trains.--` 4,250 grade crossings/day ➢ At least 76 people have died on the:Brightline tracks since it started operation in Jan. 2018. ➢ 43 people lost their lives during the first 2 years of operation. After stopping service for 20 mos during Covid, at least 33 more people have perished through Nov. 1, 2022, per FRA stats. 1 Speed & Deaths Regulations Freight/LNG Future Dangers ➢ Reminder: 34 trains per day at 110 mph 125 crossings (4 counties) x 34 trains.--` 4,250 grade crossings/day ➢ At least 76 people have died on the:Brightline tracks since it started operation in Jan. 2018. ➢ 43 people lost their lives during the first 2 years of operation. After stopping service for 20 mos during Covid, at least 33 more people have perished through Nov. 1, 2022, per FRA stats. 1 Item 10.6.1. 01/31/2023 Speed & Deaths ➢AII of the deaths happened while trains were going up to 79 mph. There are currently NO Trains in the US going over 79 mph thru populated areas with grade crossings and open stretches of track. Brightline will go 110 mph. Regulations "While the FRA and the Florida DOT have in place regulations for conventional (up to 80 mph) and high- speed (126 mph to 220 mph) rail, neither agency has developed additional regulations that are specific to higher -speed rail (81 mph to 125 mph)." (CPCS Transcom OPPAGA Study of FL rail systems, Oct. 2018) 2 Item 10.13.1. 01/31/2023 AAF FREIGHT =ALL ABOUT 3 . UNITED STATES OF AMERICA .... DEPARTMENT OF:ENERGY. OFFICE OF FOSSIL ENERGY MAY 29; 2015.: AMERICAN.LNG MARKETING LLC) Fir DOCKET NO. 15 -19 -LNG ORDER GRANTING LONG-TERM, MULTI -CONTRACT AUTHORIZATION TO EXPORT LIQUEFIED NATURAL GAS... American LNG states that the Titusville Facility will be. constructed,:owned, and: operated by its corporate affiliate TICO Development Partners, LLC (TICO). ...the.LNG typically will be delivered into:approved:ISO containers... (truck or rail mounted), then loaded onto container ships or roll-on/roll-off ocean-going carriers for export at nearby Port Canaveral or other ports in Florida (including Port Everglades, Port of Miami, Port of Palm Beach, and Port of Jacksonville).. - quivalent to approximately 30.2 billion cubic feet ner veer http://energy. gov/sites/prod/files/2015/05/f22/ord3656. pdf i Item 10.6.1. 01/31/2023 From their own website... Future Dangers ➢Open Stretches of track - near youth parks Need: More Fencing & Pedestrian Bridges ➢125 Crossings in 4 Counties Need: Veh. Detect Systems & Traffic Preemption ➢Clear Regulations for trains going over 80 mph ➢NO Quiet Zones We need to slow them down! 5 Item 10.6.1. 01/31/2023 Future Dangers 5 Youth Activity Centers are close to open tracks • Ascension Catholic Church, Melbourne • Gifford Middle School • Stuart Youth Park • Hobe Sound Boys and Girls Club • Tequesta County Park What the experts said they need: ➢More Fencing & Pedestrian Bridges ➢Pedestrian Channeling & gates at Crossings ➢Vehicle Detection Systems at Crossings ➢Traffic Preemption Systems at Crossings ➢Remote Health Monitoring M Item 10.6.1. 01/31/2023 What you need to do: ➢Join forces with other district legislators to communicate the issues to the Governor ➢Communicate directly with Trans. Secretary Jared W. Perdue, P.E. ➢Communicate directly with the FL Transportation Commission — it's their job! ➢ Establish a Task Force to coordinate efforts with FDOT, county reps and the public Item 10.13.1. 01/31/2023 What you need to do: Help us -save ,lives! M. /oP INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION • Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: George Colon, Advocate 2046 Treasure Coast Plaza ADDRESS: SUBJECT MATTER FOR DISCUSSION: PHONE: 772-532-9332 Fentanyl Awareness IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES Z NO is WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? is Implement a registration with sober homes ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ❑ YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown Jan 17, 2023 209 rZ INDIAN RIVER COUNTY BOARD OF COUNTY COMNIISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Is Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: 7945 134th, Roseland, FL ADDRESS: SUBJECT MATTER FOR DISCUSSION: Joann McGrath PHONE: 772-532-9811 Safety & Protection of Gopher Tortoises in IRC IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? Yl YES El NO • WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? • Opportunity for IRC to be a Model for Gopher Tortoise Relocation ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? D YES ❑ NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transnutteil to Administrator Via: 9 Interactive Web Form E -Mail ✓ Hand Delivered Phone Public Education and Outreach INTERIM COUNTY ADMINISTRATOR: Michael Zito MEETING DATE: Jan 31, 2023 210 WrItteii aiid Pruwjited by Joann McGrath Riveroul -ity Commission (- c111 L1,1f Y z3, 2023 Prepared by Angela Shoe, Ed D r r r� da arc* .,' IE d54"12 S1lt Prepared by AnVla.Shoe :EdD upon whether issuance world further m4 Prepared. by'Angela Shoe, EdD lo6--5 0(12� k Ong, Arl, Cu'll ,based. ✓':. is ane. • It is a vialatia 6fFlor +da Mate Law when gopher torte yes lre l -lkd ffidg "r.:: .�. ,A' ,o P,,;, 3 respons l l Iles, to pr o' Tortoises from their, la Prepared by Angela Shoe,:EdU As i: Ch NAT,,`RE- 10 63 1/at 123 41 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney AX Public Notice Item - B.C.C. 1.31.23 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 18, 2023 ATTORNEY SUBJECT: Public Notice of Public Hearing for February 7, 2023, to Consider an Ordinance Concerning a County Administrator Residency Requirement The Board of County Commissioners will hold a Public Hearing on Tuesday, February 7, 2023, at 9:05 is a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 101.05 (THE COUNTY ADMINISTRATOR) OF CHAPTER 101 (GOVERNMENT ORGANIZATION) OF THE CODE OF INDIAN RIVER COUNTY IN ORDER TO REQUIRE THE COUNTY ADMINISTRATOR TO RESIDE IN INDIAN RIVER COUNTY DURING HIS OR HER TERM IN OFFICE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. • C..,1r"- 1Leg&xrSV517 Wy8ea6l1e49 7a4d86-88c9-3334d]a306f&doc 211 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Public Notice Item - B.C.C. 1.31.23 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 18, 2023 ATTORNEY SUBJECT: Public Notice of Public Hearing for February 7, 2023, for Ordinance Amending Section 100.03 "Amendment or Repeal of Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River County, Codifying and Publishing the Ordinances to Readopt the Code up to and Including Supplement 144 The Board of County Commissioners will hold a Public Hearing on Tuesday, February 7, 2023, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 100.03 "AMENDMENT OR REPEAL OF ORDINANCES" OF CHAPTER 100 "GENERAL PROVISIONS" OF THE CODE OF INDIAN RIVER COUNTY ("THE CODE"), CODIFYING AND PUBLISHING THE ORDINANCES UP TO AND INCLUDING SUPPLEMENT 144 THERETO, READOPTING THE CODE, DESIGNATING THE CODE AS THE BEST EVIDENCE OF THE CURRENT LAW OF INDIAN RIVER COUNTY, FLORIDA, AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. C. IGraaleurVxOfo 51L51TemwWA700I0-05a7470a-ad09-d69329J562e1.dw 212 J06 I INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Susan Mehiel, Alliance for Safe Trains ADDRESS: 130 Island Cottage Ln, 32963 PHONE: 828-606-5369 Brightline update SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? Fv_1 YES El NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? El YES [��] NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: ransmitt3 to Administrator Via: Interactive Web Form ✓ E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown /o6 :� INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: 2046 Treasure Coast Plaza ADDRESS: SUBJECT MATTER FOR DISCUSSION: George Colon, Advocate PHONE: 772-532-9332 Fentanyl Awareness IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? E:1 YES Z NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Implement a registration with sober homes ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 17 YES Yl NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Stats only: Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered 9 Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown Jan 17, 2023 209 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: 7945 134th, Roseland, FL ADDRESS: SUBJECT MATTER FOR DISCUSSION: Joann McGrath PHONE: 772-532-9811 Safety & Protection of Gopher Tortoises in IRC IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? [?] YES El NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Opportunity for IRC to be a Model for Gopher Tortoise Relocation ❑ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1:1 YES NO WHAT FUNDS OR ACTIVITIES ARE Public Education and Outreach REQUIRED TO MEET THIS REQUEST? For IRC Staff only: ransmitte to Administrator Via: 9 Interactive Web Form E -Mail ✓ Hand Delivered Phone INTERIM COUNTY ADMINISTRATOR: Michael Zito MEETING DATE: Jan 31, 2023 210 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MCI Public Notice Item - B.C.C. 1.31.23 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 18, 2023 ATTORNEY SUBJECT: Public Notice of Public Hearing for February 7, 2023, to Consider an Ordinance Concerning a County Administrator Residency Requirement The Board of County Commissioners will hold a Public Hearing on Tuesday, February 7, 2023, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 101.05 (THE COUNTY ADMINISTRATOR) OF CHAPTER 101 (GOVERNMENT ORGANIZATION) OF THE CODE OF INDIAN RIVER COUNTY IN ORDER TO REQUIRE THE COUNTY ADMINISTRATOR TO RESIDE IN INDIAN RIVER COUNTY DURING HIS OR HER TERM IN OFFICE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. C:IGrania "giT r51L512-MWV8ea611e-4979-4486-88c9-3334d]a306fadoe 211 Dylan Reingold, County Attorney William K DeBraA Deputy County Attorney Susan J. Prado, Assistant County Attorney l 6 C;Q Public Notice Item - B.C.C. 1.31.23 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 18, 2023 ATTORNEY SUBJECT: Public Notice of Public Hearing for February 7, 2023, for Ordinance Amending Section 100.03 "Amendment or Repeal of Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River County, Codifying and Publishing the Ordinances to Readopt the Code up to and Including Supplement 144 The Board of County Commissioners will hold a Public Hearing on Tuesday, February 7, 2023, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 100.03 "AMENDMENT OR REPEAL OF ORDINANCES" OF CHAPTER 100 "GENERAL PROVISIONS" OF THE CODE OF INDIAN RIVER COUNTY ("THE CODE"), CODIFYING AND PUBLISHING THE ORDINANCES UP TO AND INCLUDING SUPPLEMENT 144 THERETO, READOPTING THE CODE, DESIGNATING THE CODE AS THE BEST EVIDENCE OF THE CURRENT LAW OF INDIAN RIVER COUNTY, FLORIDA, AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. C: WrankwV—V&r iL5ITmwWA700I0-05a7J70a-a09469319J561e1dw 212 I cA County Administrator's Matters January 31, 2023 �VEl? Office of the INDIAN RIVER COUNTY ADMINISTRATOR Michael C. Zito, Interim County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Michael C. Zito Interim County Administrator DATE: January 23, 2023 SUBJECT: Appointment of District 19 Medical Examiner Background & Discussion I received a memorandum from the State Medical Examiners Commission regarding the gubernatorial appointment term of the district medical examiner (District 19) that will expire on July 1, 2023. Pursuant to Administrative Code the Medical Examiners Commission will consider recommending to the Governor the incumbent Patricia Aronica, MD or other qualified candidates for the appointment and the state is asking for our input so the Commission can make a decision. A reappointment ballot was provided with the options of Favorable, Unfavorable or No Opinion. Staff Recommendation My recommendation is to respond with a Favorable response and authorize the Chairman to execute the ballot form provided by the State Medical Examiner's Commission. 213 January 6, 2023 State of Florida Medical Examiners Commission P.O. Box 1489 I Tallahassee, FL 32302-1489 I (850) 410-8600 MEMORANDUM To: Indian River County Board of County Commissioners From: Brett Kirkland, Ph.D., Bureau Chief Medical Examiners Commission Staff Subject: Gubernatorial Appointment of District 19 Medical Examiner The gubernatorial appointment term of the district medical examiner in District 19 (Indian River, Martin, Okeechobee, and St. Lucie counties) will expire on July 1, 2023. Pursuant to Florida Administrative Code, the Medical Examiners Commission will consider recommending to the Governor the incumbent, Patricia A. Aronica, M.D., or other qualified candidates for this appointment. We are asking for your input so the Commission can make an informed decision. This topic will be scheduled for discussion at the 2023 Spring Commission Meeting. Please complete the attached Reappointment Ballot Form and return it by February 24, 2023 to staff member Ashley Williams at ashleywilliamsa_fdle.state.fl.us or at the address above. Please provide a favorable or unfavorable response to the recommendation for Dr. Aronica's reappointment. The Commission will also consider nominations of other qualified candidates, if submitted. - If you -have any questions or wish to discuss your input; please contact Commission -staff -at -(850) 410-8600. /bk www.fdie.stateftus 214 MEDICAL EXAMINERS COMMISSION Recommendation for Reappointment District 19 Medical Examiner Patricia A. Aronica, M.D. How do you rate the quality of medical examiner services provided in your district? Please select one option below and provide comments regarding your selection. Favorable ❑ Please give suggestions for improvement. Unfavorable ❑ Please give reasons for negative response. No Opinion ❑ Please explain your response. Completed by: Signature: Name: Agency Name: _ Agency Address: Date: Return Completed Form to: Ashley Williams via e-mail: ashleM!Iliams{o-)fdle.state.fl.us Or mail to: Medical Examiners Commission Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Service - Integrity - Respect - Quality 215 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Service / Parks and Recreation Division Date: January 18, 2023 To: The Honorable Board of County Commissioners Thru: Michael C. Zito, Interim County Administrator Beth Powell, Interim General Services Director/Parks and Recreation Director From: Brad Dewson, Parks Superintendent Subject: Consideration for Adopt -A -Park Program DESCRIPTION AND CONDITIONS: Parks and Recreation staff were approached by a volunteer organization interested in adopting a County park to perform litter removal. After researching County files and other documents, staff identified that the County Public Works Department has a similar objective through its Adopt -A -Road program. This program has been in place since 1993. Staff did not locate records of prior County Adopt -A -Park initiatives. Staff recommends the Board's consideration of an Adopt -A -Park program with the goal of engaging the public in assisting to keep our parks, conservation lands, and beaches free of litter. These types of programs are expected to promote responsible stewardship of the environment and serve to instill pride in our community. In recognition of group participation, the County would fabricate and install signs bearing the names of the participating group. These signs would be displayed at the entrance to the adopted site and would remain in place as long as the terms of the program were met by the group. A standard agreement has been created to be used for this program that outlines the parameters for the volunteer activities. For reference, copies of the draft Agreement; Adopt -A -Park Reference Manual; and the County's Accident Prevention Policy AM 1000.9 have been provided. FUNDING: The estimated cost to the County over time would be approximately $500.00 per year for signs and materials. Based on similar efforts in the Adopt -A -Road program, the cost of this program to the County is outweighed by the savings in staff time required to complete litter control. Funding for the purchase of signage and materials is available on the General Fund/Parks/Other Operating Supplies account, number 00121072-035290. Account Name I Account Number Amount General Fund/Parks/Other Operating Supplies 00121072-035290 $500.00 C:\Grranicus\L.egistar5\L5\Temp\55649e67-3daf-4f2b-860b-61896f2b0417.doc 216 RECOMMENDATION: Staff respectfully requests that the Board approve the implementation of an Adopt -A -Park program for Indian River County and adopt the corresponding Resolution. Additionally, staff requests that the Board approve the Adopt -A -Park Program Agreement upon review and approval by the County Attorney and Risk Manager. ATTACHMENTS: • Adopt -A -Park Resolution • Draft Adopt -A -Park Agreement • Draft Adopt -A -Park Reference Manual • Accident Prevention Policy AM 1000.9 APPROVED AGENDA ITEM FOR JANUARY 31, 2023 C:\Granicus\Legistar5\L5\Temp\55649e67-3daf-4t2b-860b-61896f2b0417.doc 217 RESOLUTION 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AN ADOPT -A -PARK PROGRAM AND AUTHORIZING THE PARKS AND RECREATION DIRECTOR TO ENTER INTO AGREEMENTS FOR THE PROGRAM WHEREAS, the Indian River County Parks and Recreation Division is interested in creation of an Adopt -A -Park Program (Program) for various community profit and non-profit organizations to volunteer to pick up litter in and around designated County Parks, Conservation Lands, and Beaches; and WHEREAS, in exchange for voluntary litter pick up, the County will install signage bearing the name of the volunteer group at the park/conservation land/beach; and WHEREAS, there are organizations interested in participating in the Program; and WHEREAS, the Board desires to encourage participation in the Program in order to keep Parks, Conservation Lands, and Beaches free of litter, and to instill pride in our County Parks and Beaches. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Board hereby approves the Adopt -A -Park program. 2. The Parks and Recreation Director is hereby authorized to enter into Agreements on behalf of the Board with interested individuals and organizations for the Adopt -A - Park program, said agreements to be approved in advance by the County Attorney's Office, and which are substantially in compliance with the attached Agreement, Exhibit "A„ The foregoing Resolution was offered by Commissioner and seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Commissioner Joe Earman Commissioner Deryl Loar Commissioner Susan Adams Commissioner Laura Moss 218 RESOLUTION 2023 - The Chairman thereupon declared the Resolution duly passed and adopted this day of , 2023. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: Michael Zito Interim County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Em Joseph E. Flescher, Chairman 219 INDIAN RIVER COUNTY ADOPT -A -PARK LITTER REMOVAL AGREEMENT THIS AGREEMENT, made and entered into this day of , 20_, to expire on the day of , 20_ by and between the Indian River County Board of County Commissioners ("COUNTY") and ("GROUP"). WITNESS THAT: WHEREAS, is one of the Indian River County Parks and Recreation Division's Parks or Conservation Areas; and WHEREAS, the COUNTY has responsibility for operation and maintenance of the County Parks and Conservation Areas; and WHEREAS, the COUNTY has encouraged the implementation of an "Adopt -A -Park" program for the participation of local organizations in specific litter removal projects; and WHEREAS, the Group is desirous of adopting _ Conservation Area) for the purpose of litter removal; NOW THEREFORE, the parties agree as follows: THE GROUP SHALL: (Park or A. Adopt the Park for litter removal at least six times per year and submit volunteer logs (provided by County) to the Parks Maintenance Office upon completion of each litter removal event. B. Conduct volunteer activities during Park hours only. Park hours are sunrise to sunset, 7 days a week. C. Conduct volunteer activities during good weather conditions only. D. Restrict litter removal to areas along trails and parking areas and not enter or cross any bodies of water to retrieve litter. E. Provide the Parks Maintenance Office with a volunteer activity schedule to be approved by the Parks Superintendent. F. Only allow such persons to participate as are determined by the Group to be responsible enough to safely participate in the volunteer activities. Participating youths must be at least 6 years of age and the Group shall provide at least one adult supervisor that is at least 18 years of age for every seven (7) youths under the age of 12 and one supervisor for every ten (10) children ages 13-17 who are participating in the volunteer activities. G. Instruct participants to dress appropriately for the activities to be performed including wearing close toed shoes and long-sleeves/pants when necessary. H. Group shall leave bagged and unbagged (large items) litter in a pre -determined location on-site as approved by the Parks Superintendent for Parks removal. 220 THE COUNTY SHALL: A. Provide a "Adopt -A -Park" sign at the entrance of the designated Park with recognition of Group. B. Provide Group organizers with the County's Accident Prevention Policy. C. Provide materials including bags, litter grabbers, buckets, and disposable gloves. Other materials may be provided at the request of the Group. D. Remove litter collected after volunteer activities. II The Group covenants and agrees that it will indemnify and hold harmless the Department, Indian River County, and all of its commissioners, agents and employees from any claim, loss, damage, cost charge or expense arising out of any act, action, neglect or omission by the Group during the performance of the agreement, whether direct or indirect, and whether to any person or property to which the COUNTY or said parties maybe subject, except that neither Group nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the COUNTY, and all of its officers, employees or agents. III The agreement shall remain in effect for a two-year period. The COUNTY or Group may terminate this agreement for any reason upon 30 days written notice. The COUNTY may, if it deems an emergency situation exists, suspend or terminate this agreement immediately. IV This agreement is non -transferable and non -assignable in whole or in part without written consent of the COUNTY. V This agreement is for litter removal activities only. Beautification activities must be approved and coordinated by the Parks and Recreation Director. VI The Parks Superintendent shall screen and select the Parks to be adopted. VII COUNTY will provide its incident reporting policies and procedures to GROUP at the signing of this Agreement. If an incident or injury occurs during volunteer activities, the GROUP must submit a completed incident report to the Parks Superintendent within 24 hours of incident. In the 221 event emergency services are utilized for any incident, the GROUP must notify the Parks Superintendent immediately. VIII SEA TURTLE NESTING SEASON: March 1 — October 31 is designated as Sea Turtle Nesting Season. GROUP must abide by all rules and regulations provided by the Florida Department of Environmental Protection, Florida Fish & Wildlife Conservation Commission and any other local, state or federal agency pertaining to this particular time of year. In the event an unmarked marine turtle nest is exposed, or a dead, injured or sick marine turtle is discovered during the event, GROUP must call the FWC's 24-hour Wildlife Alert Number at 1-888-404-FWCC (1-888-404- 3922). The caller will be asked to answer the following questions for their phone call: • What is the exact location of the animal? • Is the turtle alive or dead? • What is the approximate size of the turtle? • Is the turtle marked with spray paint? (This may indicate that the turtle has been previously documented.) • What is the location of the closest access point to the turtle? • If the turtle is alive, the caller is asked to be prepared to stay with it until help arrives. I� Whenever either party desires to give notice to the other party, it must be given by written notice addressed to the party at the addresses shown below, or such other address or addresses as either party shall designate to the other in writing in accordance with this paragraph. INDIAN RIVER COUNTY: Indian River County Parks & Recreation Parks Superintendent 5500 77th Street Vero Beach, FL 32967 772-226-1872 bdewson@indianriver.gov GROUP: IN WITNESS WHEREOF, the parties hereto have caused these present to be executed, the day and year first written above. 222 I CERTIFY that I am familiar with the information contained in this Agreement and that I possess the authority to execute this Agreement on behalf of the Group. APPLICANT: By Signature Type/Print Name Title INDIAN RIVER COUNTY PARKS AND RECREATION LM Signature Elizabeth Powell Parks and Recreation Director Title 223 Adopt-A-Park Program Reference Manual General Service Department Indian River County Parks and Recreation 01/18/2023 224' INDIAN RIVER COUNTY PARKS AND RECREATION DIVISION ADOPT -A -PARK PROGRAM PURPOSE: The primary purpose of this program is to enlist the community's involvement with litter control within the County's park system in order to maintain a clean and aesthetic environment for all to enjoy. Adopt - A -Park Program tasks primarily include litter pick-up, but may be expanded to include other acts as approved by the Parks Superintendent. POLICIES & PROCEDURES: 1. The adopting group commits to a two-year period of adoption. 2. Monitoring of the park, natural land, trail, beach or trailhead should be done on a regular basis, but not less than 6 times a year. 3. Only remove litter during daylight hours and during appropriate weather. 4. Indian River County Parks and Recreation will be responsible for collecting and disposing of the filled trash bags and large non -bagged items. 5. Indian River County Parks and Recreation will place a sign in the adopted park, conservation land or beach crediting the organization/group for their assistance. 6. The adopting group may keep any and all proceeds from any materials of recyclable value collected as litter. 7. Complete and submit an incident report within one (1) day after the clean-up event which an accident or injury occurred. 8. Require that all participants sign the County volunteer release form, including the parent/guardian of each minor participant. 9. Participating youth must be at least 8 years of age. When children under the age of eighteen years (18) participate, the adopter will have a parent/guardian's signature and emergency contact information accessible at the site. There must also be one adult supervisor for every five (5) children under the age of 12 and one adult supervisor for every ten (10) children 13-17. 10. Check and clear all participant's names against the FDLE Sexual Predator list prior to the scheduled clean-up event. 01/18/2023 225 11. Adopting Group must provide public access to all records concerning this Agreement according to applicable Florida laws including Chapter 119, Florida Statutes. Adopting Group has the burden to assert and defend any exemptions to Florida's public record laws. 12. A representative from the adopting group must contact the Parks Superintendent, Monday through Friday, 7:OOAM to 3:30PM to request necessary equipment, at least twenty-four (24) hours prior to clean-up. Pick-up of items will be coordinated through the Parks Superintendent. For information on how to apply, contact the Indian River County Parks Maintenance Office at 772-226- 1872. Any organized group, including for profit and non-profit organizations, may apply to adopt a park in Indian River County. Requests to adopt specific parks, conservation land and beaches are approved on a first-come, first-served basis. INSURANCE REQUIREMENTS: Adopting Group shall provide evidence of the following insurance: 1. General Liability Insurance for any and all damage and bodily injury claims in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. 2. Workers Compensation Insurance as required by Chapter 440, Florida Statutes or evidence of self-insurance or exemption from the Statute. 3. A certificate of insurance evidencing such insurance and listing Indian River County as an additional insured provided to the County prior to scheduling any activities under this Agreement. 01/18/2023 226 Indian River County Parks and Recreation ADOPT -A -PARK PROGRAM APPLICATION Organization (as it appears on a sign): (Up to 20 characters per line — one or two lines) Organization Contact Person: Title or Position with Organization: Telephone Number: Email Address: Estimated Number of Participants: Preferred location for Adoption: Tentative Starting Date: Annual Number of Work Days: Anticipated Work Day: (please circle one) Monday Tuesday Wednesday Thursday Friday Saturday Sunday STATEMENT OF AGREEMENT A representative of this organization, I have read and agree to abide by the policies, regulations, and safety recommendations as put forth by Indian River County in regard to the Adopt -A -Park Program. I understand that this is an application for the Adopt -A -Park Program and that a Division representative will contact me to finalize an Agreement. In addition, I understand that the Parks and Recreation Director will make the final determination as to whether a group can participate and will make the final determination of park, natural land, trail, beach and/or trailhead assignment. Signature Date 01/18/2023 227 Indian River County Parks and Recreation ADOPT -A -PARK PROGRAM MINOR PARTICIPANTS I, the undersigned, hereby represent that my child(ren) has/have volunteered to participate in the Adopt -A -Park Program during the Agreement period I have read the safety recommendations associated with the Program and have discussed them with my child(ren). I acknowledge and am aware that participation in this program has inherent risks and hazards. I understand that it is my child(ren)'s responsibility to be aware of his/her physical condition and refrain from doing any physical activities beyond his/her capabilities. I agree to defend, indemnify and hold harmless Indian River County, and it officers and its employees, and hereby release the same, from and against any and all liability, claims, demands and expenses, including court costs and reasonable attorney fees, on account of any property damage, bodily injury, sickness, damage, or other loss of any kind whatsoever, which arise out of or are in any manner connected with the work to be performed under the Adopt -A -Park Program, if such injury, loss or damage is caused in whole or in part by, the act, omission, or other fault of my child(ren). Name of Child: Address: Name of Child: Address: Name of Child: Address: Contact in Case of Emergency: Emergency Contact Telephone Number(s): Parent's Signature: Date: 01/18/2023 228 Indian River County Parks and Recreation ADOPT -A -PARK PROGRAM SAFETY RECOMMENDATIONS SAFETY DO'S: • DO follow all Park and CDC guidelines related to COVID-19. • DO make sure that all participants are familiar with these safety recommendations. • DO assign one volunteer as a safety coordinator who oversees other volunteers to ensure that work is conducted in a safe manner, paying special attention to participating children. • DO wear light or bright colored clothing which is appropriate for the work associated with the program, hard -soled, protective shoes, and gloves. • DO dress appropriately for the weather and take breaks on a regular basis. • DO work only when weather is fair and in the daylight. • DO bring a water bottle and wear sunscreen and sunglasses. • DO be aware of your physical condition and refrain from doing any activities beyond your capabilities. • DO be aware of traffic on adjacent roads and driveways. • DO watch and take precaution for: snakes, other animals and insects, noxious weeds, glass, barbed wire, pipes and debris with sharp or rusted edges or unexpected holes or ditches SAFETY DON'TS: • DON'T step into a roadway for any reason. Don't pick up litter or debris on a roadway surface or close to the edge of the road. • DON'T park vehicles in "No Parking" areas. • DON'T play around or do anything to distract passing drivers or park patrons. • DON'T bring pets to the Adopt -A -Park site. • DON'T leave children or pets in the care while participating in the program. • DON'T pick up any materials that may be hazardous to your health (e.g. chemicals, firearms, hypodermic needles, etc.). Please notify the County if hazardous conditions exist by calling 911. • DON'T leave children unattended at any time. These recommendations are not all inclusive. Take all precautions necessary to avoid accidents. 01/18/2023 229 Indian River County Parks and Recreation ADOPT -A -PARK PROGRAM VOLUNTEER HOLD HARMLESS AND INDEMNIFICATION AGREEMENT (❑ a minor) wish to perform services at Commissioners of Indian River County, Florida in the for the Board of County as a volunteer. I undertake to perform these services for the experience and self-satisfaction I will gain from this public service. I understand that County and Adopting Group shall be and act as independent contractors, and under no circumstances shall this Agreement be construed as one of agency or employment between the parties. I am not, nor will I be, a County employee nor will I be eligible for any of the benefits of a County employee except to the extent State law mandates volunteer participation in a benefits program. ❑ (We, and, Parent(s) or guardian(s) of wish our child/ward to have the benefit of performing services for the County. In consideration of the County's permission to perform volunteer services, I, for myself and my assigns (❑ and we, as parents or guardians, for ourselves and our assigns) do hereby release and discharge Indian River County, its agents, officers and employees from any and all claims, demands, grievances, and causes of action of every kind whatsoever, including, but not by way of limitation, all liability for property damages and personal injury of every kind, nature or description arising or which may hereafter arise from said permission, volunteer's performance of services or volunteer's presence on the work site. I/We hereby indemnify and hold harmless Indian River County for any and all claims, demands and causes of action of every kind and nature arising out of said permission, volunteer's performance of services, or volunteer's presence on the work site. 01/18/2023 230 Volunteer's Signature Print Name Address City State Zip IF MINOR, Signature of Parent(s) or Guardian(s) Parks and Recreation Director Date 01/18/2023 231 DAY'S SNE: WNW. . ..:DAM, OFFIC.M, ADMINISTRATIVE POLICY.Rim 3*� MAN,.. ACCIDENT P 4. U!nZafe Acts The mlrjo ri ► ! : aats: f:: i # ► be assign of th* f6jl*Vj'»9s ttluxy>r! :o follow > pm Per ; t it -rt �i r. CISAUMIA oilinge e 4.�� g ' is pwing, electrical) essuriied. C . rina"- to use persona a pment... D) - Ftiluro to Year safe persor=j : e P of equipment. ' . . Im ro uoa GY Zs>troter tie 4f S) Making gauft inoperative. t - i/o�'iC� �_ At: �tfe seeds. . ,� �or � Taking paws#.'t3,+� ' Vesture. 14j Unsafe mixi" Qt : jx t . L 'using equipow to faulty. .... X) Driving Vis. H) Horseplay. Ufte fe..a; is are usually brought Qboft. b/- Of +s f*11OF -Mgt. �)of keowledge, A111, C:oorduatim or Pumning., attitude. C") ,?Wr*p*r iytl tar Antal delicts. Dj lack of safftY awaren 5. Unsafe Cerditions The maJority --af most unsafef or .hag s iti i; adtto o e fo=i]o�itrg headir�gss ' A) 'Detect,ive, interioaror U.Muitablo,1,0561 Ifil:` "tOrial S) Pour housekeeping, �) g'szardous method. -ft l ores D) selection e3mor eui t R).. .1nadequate safe t 'Is..:. 6. 92nt=1 of Accident_Causas.: 'I'h8re are three primate oAtitis ut3isod in ai.#.ic Qf . aecidaht causes . The th & thud ani the fol �C C�iTIMaN .. �! .. ;,::. DATE /6 "`` w 233 DATE SWT:.: S. Control of Work Habits 235 ADMINOMMA . ... .. io ...... 237 IDAW 9FFOCM INDIAN RIVER COUNTY, FLORIDA I QE` MEMORANDUM TO: Indian River County Board of County Commissioners VIA: Michael Zito, Interim County Administrator FROM: Dan Russell, Information Technology Director SUBJECT: Information Technology Policy Additions to the Administrative Policy Manual DATE: January 31, 2023 BACKGROUND: The recent enactment of section 282.3185, Florida Statutes, (Local Government cybersecurity) requires local governments to adopt cybersecurity standards that safeguard their data, information technology, and information technology resources to ensure availability, confidentiality, and integrity. The cybersecurity standards must be consistent with generally accepted best practices for cybersecurity, including the National Institute of Standards and Technology (NIST) Cybersecurity Framework (CSF). Each county with a population of 75,000 or more must adopt the cybersecurity standards required by this subsection by January 1, 2024. Furthermore, each local government shall notify the Florida Digital Service of its compliance with this subsection as soon as possible. The Indian River County Information Technology Department has been pursuing alignment with the best practices outlined in the NIST CSF for the past several years. Over the course of the past year the IT Department has created a requirements trace matrix for all of the security controls specified by the NIST CSF and mapped those security controls that require the creation of an organizational policy into the twenty one policies listed below. To comply with section282.3185, Florida Statutes, the Information Technology Department is recommending the following Information Technology and Cybersecurity policy additions to the Administrative Policy Manual (APM): • AM -1200.01 -Contingency Planning • AM -1200.02 - Incident Response • AM -1200.03 - Awareness and Training • AM -1200.04 - Program Management • AM -1200.05 — Planning • AM -1200.06 - Identification and Authentication • AM -1200.07 - System and Communications Protection • AM -1200.08 - Configuration Management • AM -1200.09 - Access Control • AM -1200.10 - Audit and Accountability • AM -1200.11 - Assessment, Authorization, and Monitoring • AM -1200.12 - Maintenance • AM -1200.13 - System and Information Integrity • AM -1200.14 - Media Protection • AM -1200.15 - Physical and Environmental Protection • AM -1200.16 - Personnel Security • AM -1200.17 - System and Services Acquisition • AM -1200.18 - Risk Assessment • AM -1200.19 - Supply Chain Risk Management • AM -1200.20 - Personally Identifiable Information Processing and Transparency 239 • AM -1200.21 -Acceptable Use FUNDING There is no funding requirement associated with the addition of these policies to the APM. However, proper implementation and sustainment of these policies may result in future request for additional funding. RECOMMENDATION Staff recommends that the Board approve the addition these policies to the APM. ATTACHMENTS AM -1200.01 - Contingency Planning AM -1200.02 - Incident Response AM -1200.03 - Awareness and Training AM -1200.04 - Program Management AM -1200.05 — Planning AM -1200.06 - Identification and Authentication AM -1200.07 - System and Communications Protection AM -1200.08 - Configuration Management AM -1200.09 - Access Control AM -1200.10 - Audit and Accountability AM -1200.11 - Assessment, Authorization, and Monitoring AM -1200.12 - Maintenance AM -1200.13 - System and Information Integrity AM -1200.14 - Media Protection AM -1200.15 - Physical and Environmental Protection AM -1200.16 - Personnel Security AM -1200.17 - System and Services Acquisition AM -1200.18- Risk Assessment AM -1200.19 - Supply Chain Risk Management AM -1200.20 - Personally Identifiable Information Processing and Transparency AM -1200.21 -Acceptable Use DISTRIBUTION Dylan Reingold — County Attorney IRC BoCC Department Heads 240 P0 I DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael C. Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E., P.E., Public Works Director FROM: Kirstin Leiendecker, P.E., Interim Assistant Public Works Director SUBJECT: Change Order No. 3 66th Avenue Roadway Widening (491h Street to 69th Street), Construction of 53rd Street Signalized Intersection, IRC -1505 DATE: January 19, 2023 DESCRIPTION AND CONDITIONS On April 6, 2021 the Board of County Commissioners awarded Bid No. 2021018 to Halley Engineering Contractors, Inc. (HEC) for roadway improvements for 66th Avenue from 49th Street to 69th Street in the amount of $32,728,137.85. A notice to proceed was issued on June 1, 2021 with a contract time of 750 days to final completion. Change Order No. 1 was approved on September 21, 2021 by the Board of County Commissioners. Change Order 1 reduced the Contract amount by $55,000.00 to $32,673,137.85 and allowed for the redesign and construction of a modified bridge design for the 66th Avenue Bridge over North Relief Canal. On April 12, 2022 the Board of County Commissioners approved Change Order No.2 for a modified bridge design to widen 53rd Street Bridge over Lateral A Canal from 3 -lanes to 5 -lanes. The Contract was modified to add 60 -days of Contract time and additional funding in the amount of $841,817.35, bringing the new total contract amount to $33,514,955.20. County staff asked HEC to provide a proposal to construct a signalized intersection at 66th Avenue and 53rd Street, just west of the new 5 -lane bridge section that was modified in Change Order 2. The added signalized intersection will improve safety to this now much larger intersection containing four (4) through lanes on 66th Avenue and multiple turn lanes that will accommodate future anticipated traffic volumes. HEC provided a proposal to construct the signalized intersection for $814,277.14. This represents an increase of $814,277.14 to the cost of the contract. The new total contract amount will be $34,329,232.34. Staff has reviewed HEC's proposal, compared it with an engineer's estimate and found it feasible. Change Order No. 3 is proposed to compensate the Contractor for a new signalized intersection containing four (4) mast arms, pedestrian signals, fiber connection, a CCTV camera and C:\G ran icus\Legista r5\L5\Tem p\96e6db98-f8d0-401c-a 1c8-e415b5cf4caQ241 Page 2 Construction of 53rd Street Signalized Intersection Construction of 66th Avenue Roadway Widening (49th Street to 69th Street) IRC -1505 — Change Order No. 3 January 31, 2023 Meeting luminaires per design plans prepared by Simmons & White, Inc. Indian River County and the Florida Department of Transportation (FDOT) have entered into a Transportation Regional Incentive Program (TRIP) grant and the FDOT has approved Change Order No. 3. FUNDING Funding is available in the following: Account Name Account Number Amount Traffic Impact Fees 2020/District 1 Roads/Construction Progress/66th Ave/49th St - 10415141-066510-07806 $5,818,991.00 69th St Optional Sales Tax/66th Ave/49th St - 691h St 31521441-066510-07806 $12,794,345.00 FDOT Grant Funding per FDOT TRIP Reimbursable Amount $18,613,335.00 Agreements Estimated Cost of Project: $37,226,671.00 RECOMMENDATION Staff recommends the Board approve Change Order No. 3, authorizing the additional funding in the amount of $814,277.14. The new total contract amount will be $34,329,232.34. ATTACHMENTS Change Order No. 3 AGENDA ITEM FOR JANUARY 31, 2023 242 C:\G ra n i cus\Legista r5\L5\Tem p\96e6d b98-f8d 0 -401c -a lc8-e415b5cf4ca0. doc Change Order Concurrence IRC -1505 No. 03 DATE OF ISSUANCE: 01/09/2023 EFFECTIVE DATE: 01/09/2023 OWNER: Indian River County CONTRACTOR Halley Engineering Contractors, Inc. Project: 66TH AVENUE ROADWAY WIDENING (49TH STREET TO 69TH STREET) OWNER's Project No. IRC -1505 OWNER'S Bid No. 2021018 FM No.: 436379-1-54-01 & 436379-1-54-02 You are directed to make the following changes in the Contract Documents: Description: Proceed with construction of 53rd Street Signalized Intersection at 66th Avenue in accordance with Simmons & White (Engineer -of -Record) plans Signed & Sealed dated September 28, 2022 (see Exhibit As a result, the following new pay items will be added to the Contract for means of compensation for this extra work in accordance with the Specifications & Contract Documents: PHASE IA SIGNALIZATION - 53RD STREET NEW PAY CO #03 CO #3 UNIT ITEM NO. DESCRIPTION UNIT CITY PRICE CO #03 TOTAL 101-1 MOBILIZATION/DEMOBILIZATION LS 1 $ 65,680.00 $ 65,680.00 102-1 MOT LS 1 $ 16,249.00 $ 16,249.00 110-1-1 CLEARING AND GRUBBING LS 1 $ 3,450.00 $ 3,450.00 630-2-11 CONDUIT (SIGNAL) (F & 1) (UNDERGROUND) LF 236 $ 58.80 $ 13,876.80 2" CONDUIT -SIGNALS (F & 1) (UNDER 630-2-12 PAVEMENT) (DIRECTIONAL BORE) (5 RUNS) LF 300 $ 58.80 $ 17,640.00 630-2-12 2" CONDUIT -SIGNALS (F & 1) (UNDER LF 220 $ 58.80 $ 12,936.00 PAVEMENT) (DIRECTIONAL BORE) (1 RUN) 2" CONDUIT -SIGNALS (F & 1) (UNDER 630-2-12 PAVEMENT) (DIRECTIONAL BORE) (6 RUNS) LF 150 $ 58.80 $ 8,820.00 632-7-1 SIGNAL CABLE (F & 1) PI 1 $ 17,325.00 $ 17,325.00 633-2-31 FIBER OPTIC CONNECTION (INSTALL) (SPLICE) EA 1 $ 55.34 $ 55.34 633-3-11 FIBER OPTIC CONNECTION HARDWARE (F & 1) EA 12 $ 1,627.50 $ 19,530.00 (SPLICE ENCLOSURE) 633-3-15 FIBER OPTIC CONNECTION HARDWARE (F & 1) EA 1 $ 1,811.25 $ 1,811.25 (PATCH PANEL, PRETERMINATED) 635-2-11 PULL & SPLICE BOX (F & 1) (SIGNAL) EA 22 $ 1,680.00 $ 36,960.00 635-2-12 PULL & SPLICE BOX (F & 1) (SIGNAL) (24 x 36) EA 1 $ 2,630.25 $ 2,630.25 ELECTRICAL POWER SOURCE (F & 1) 639-1-122 (UNDERGROUND) AS 1 $ 3,843.00 $ 3,843.00 639-2-1 ELECTRICAL SERVICE WIRE (F & 1) LF 300 $ 6.72 $ 2,016.00 PAGE 1 OF 3 243 IRC -1505 639-3-11 ELECTRICAL SERVICE DISCONNECT (F & 1) (POLE) EA 1 $ 2,499.00 $ 2,499.00 641-2-12 PRE -STRESSED CONCRETE POLE (F & 1) (TYPE P-11 EA 1 $ 2,719.50 $ 2,719.50 SERVICE POLE) 646-1-11 ALUMINUM SIGNAL POLES (F & 1) (PEDESTAL) EA 4 $ 2,257.50 $ 9,030.00 649-21-10 STEEL MAST ARM (F & 1) (WS -170) (SINGLE ARM) EA 2 $ 82,950.00 $ 165,900.00 (60') 649-21-15 STEEL MAST ARM (F & 1) (WS -170) (SINGLE ARM) EA 2 $ 89,250.00 $ 178,500.00 (70') 650-1-14 TRAFFIC SIGNAL (F & 1) (ALUMINUM) (3 -SECT) (1 AS 8 $ 1,722.00 $ 13,776.00 WAY) 650-1-16 TRAFFIC SIGNAL (F & 1) (ALUMINUM) (4 -SECT) (1 AS 4 $ 2,472.75 $ 9,891.00 WAY) 653-1-11 PEDESTRIAN SIGNAL (F & 1) (LED COUNTDOWN) AS 4 $ 924.00 $ 3,696.00 (1 WAY) 660-4-11 VIDEO DETECTION SYSTEM (F & 1) (CABINET) EA 8 $ 7,491.75 $ 59,934.00 660-4-12 VIDEO DETECTION SYSTEM (F & 1) (ABOVE EA 4 $ 11,586.75 $ 46,347.00 GROUND EQUIPMENT) 665-1-11 PEDESTRIAN DETECTOR (PUSH BUTTON) (F & 1) EA 4 $ 220.50 $ 882.00 (STANDARD) 670-5-110 TRAFFIC CONTROLLER ASSEMBLY (F & 1) (NEMA) AS 1 $ 50,610.00 $ 50,610.00 682-1-133 CCTV CAMERA (F & 1) (DOME PTZ, NOW EA 1 $ 9,712.50 $ 9,712.50 PRESSURIZED) (IP, HIGH DEFINITION) 684-1-1 MANAGED FIELD ETHERNET SWITCH, LAYER 2 EA 1 $ 6,825.00 $ 6,825.00 (F&1) 700-1-60 SINGLE POST SIGN (REMOVE) AS 2 $ 131.25 $ 262.50 700-5-22 INTERNALLY ILLUMINATED SIGN (F & 1) EA 4 $ 4,410.00 $ 17,640.00 (OVERHEAD) (12-18 SF) 715-5-31 LUMINAIRE AND BRACKET ARM (F & 1) EA 4 $ 3,307.50 $ 13,230.00 $ 814,277.14 Reason for Change Order: The purpose of this Change Order is to provide the means to compensate the Contractor to construct a new signalized intersection on 66th Avenue at 53rd Street. This scope of work was not included at time of original bid. Attachments: (List documents supporting change) • Exhibit A: Signalization Plans 53rd Street and 66th Avenue Intersection (10 Pages) • Exhibit B: Change Order 03 Back-up Documentation (2 Pages) o Appendix A: Engineer's Estimate and Backup Documentation ( 20 pages) o Appendix B: Contractor's Cost Submittal (4 pages) PAGE 2 OF 3 244 CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $32,728,137.85 Substantial Completion: Net Increase (Decrease) from previous Change Orders No. 01 to 02: $786,817.35 Contract Price prior to this Change Order: $33,514,955.20 Net increase of this Change Order: $814,277.14 Contract Price with all approved Change Orders: $34,329,232.34 Final Completion: IRC -1505 CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 720 Final Completion: 750 Net change from previous Change Orders No. 01 to 02: (days) Substantial Completion: 60 Final Completion: 60 Contract Time prior to this Change Order: (days or dates) Substantial Completion: 780 Final Completion: 810 Net increase this Change Order: Substantial Completion: (days or dates) Final Completion: 0 0 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 780 Final Completion: 810 ACCEPTED: RECOMMENDED: APPROVED: John Morris Kelly Cowger, P.E. Kirstin leiendecker, P.E. 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V in x_96° �� �� ■ kk � . ... . ■ � ... � ..... ... .. - �:%/\ § § ■ o® i|■ . w»°: ■ �� � %� ) § §s w \ �k | ■ w, R|�� �� r ` / | ® I| ..� . � . $ F. ■A a 9�< . � . � !\ � | w�� }� ■ � » \\� ... . ... .. �. .. . �� � ... .. . ... � ... ... � @ � , w :. . ...... ..... �. # ■ 30. ©» y 3 \T -- »: z«\ !� O %\»:�� :�\ | R R|� ■ || . . ..: ! .e .> | ! ■ ! ■ . .� w ,oo : >. - : e> _m. |■ | ■ ■ | | . ��� % GiE) 74. m w y . » �.... .. .... .. . ... .. , Page 1 of 2 CHANGE ORDER BACK-UP DOCUMENTATION FIN No.: 436379-1-54-01 & 436379-1-54-02 Contract No: IRC -1505 Change Order No.: 03 Amount $ 814,277.14 and 0 Days Title of Issue Construction of 531d Street Signalized Intersection at 66th Avenue in accordance with Simmons & White (Engineer -of -Record) plans Signed & Sealed dated September 28, 2022. I. Entitlement Analysis The purpose of this Change Order is to provide means to compensate the Contractor to construct a new signalized intersection on 66th Avenue at 53rd Street. This scope of work was not included at time of original bid. II. Time Analysis The Contractor is not pursuing a time extension to complete this additional work. III. Engineer's Estimate a. Basis of Estimate The Engineer's Estimate was based on current State -Wide -Average (SWA) multiplied by the Engineer -of -Records' plan quantities for this new scope of work. Considering the increase in unit cost is appropriate as the decision to proceed with this extra work occurred at this time and the Contractor was unable to proceed with procurement of the necessary components earlier. To this we added Mobilization & Maintenance of Traffic (MOT) as a percentage based on original contract. This resulted in an Engineer's Estimate totaling $827,689.97. b. Estimate The Engineer's Estimate to add a signalized intersection at 53rd Street resulted in the net increase to Contract in the amount of $827,689.97. This price includes all mark-ups and no bonding. Refer to Appendix "A" for a breakdown of the Engineer's Estimate and backup documentation. c. Contractor's Quote The Contractor's quote submitted a Change Order in the amount of Eight Hundred Fourteen Thousand Two Hundred Seventy -Seven and Fourteen Cents ($814,277.14). Refer to Appendix "B" for a breakdown of the Contractor's cost proposal. d. Final Disposition After comparing the Engineer's Estimate of $827,689.97 to the Contractor's price of $814,277.14 the Contractor's proposal is less than the Engineer's Estimate by $13,412.83. After review of the Contractor's proposal the County has agreed to the Contractors price of $814,277.14 has been accepted. IV. CRS Coding 503 Change resulting from engineering decision (use specific reason in lieu of this when possible) 256 Page 2 of 2 a. Avoidability Code: 0 - Unavoidable: No Remedial Action Required b. Cost Recovery Code: N - No Action Recommended c. Claim/Extend Limits Code: N — Neither V. Premium Cost Analysis There will be no premium costs involved with the change from three (3) proposed travel lanes to five (5) proposed travel lanes on the 53rd Street Bridge. None of the costs are the result of rework, delay, or inefficiency, therefore none of the costs associated with this issue are considered premium. ❑x Agree ❑ Disagree Pursue Cost Recovery? ❑ Yes ❑x No VI. Statement of Claim Settlement Costs None VIII. Statutory Reason: This contract modification is being done in compliance with Florida Statute 337.11 (9), to make the project functionally operational in accordance with the intent of the original contract. VII. Federal Aid Participation Time: Zero (0) Days Cost: Increase of Eight Hundred Fourteen Thousand Two Hundred Seventy -Seven and Fourteen Cents ($814,277.14). ❑ Participating ❑x Non -Participating Kelly Cowger, P.E. — Sr. Project Engineer Attachments • Appendix A: Engineer's Estimate and Backup Documentation (20 pages) • Appendix B: Contractor's Cost Submittal (4 pages) 257 Go N N d m Vf O p N O N m$ a y p O O Y1 d a0 T N n ti n I� m d ei w m n O O n d m 0 d tq w N w p ti p N N n u1 aa C O m N O w -li'D rl a O O N 01 O O W u Z O1 w H m O d M m d m w n V1 n N N m N n m n m N m m - u1 m w n m O O m N H m {lpp d m O a -I o 0 m op w lD m m rl M N d O O m d V1 m N S N fT N n .-I m N N vi d w d O N m N N w w u1 m I o m N 0 n O1 O O K N V Ol n u1 th t!0 N V W ... M .... 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S N O N Q o an 6 O d Vl m N w m w T m N N n 4 O O T w m 6 n o O N N d .-I w o o N m .-I o n S w N d N N m m N w t-1 m m m w w d m T N d n N N 111 Ol m N N n n d N Ot ch d m v1 N e N w . n N m. m N d o m lmp N 1+1 N N N N f11 N N N N N n fT LO O 1'11 10 V1 V1 O N m d O O O O O V1 w ei n m O m N O N N m w m n O O m w w d d m w N p d w 01 w N N of w m O N N 01 d 01 T w 01 O N O1 S N N H N h Q ci d d IT N ti m w N m N m 14 . ci w m n m m 6 c d m r4 rl N N m ci O 'i m a-1 mo N m m m m m T T N m m rl m d N 111 Ot N m lG 111 O O n o w N d CO w c G m bn 0 d O O T n O vl N Of w w N vi N a Vf N N n N p n d H m e -I H tr1 N N fT 1p rn N l0 T O N .-i 0p m 01 .9 O ei m d w T W C (7 W Y N 1 11 T d N N m N Vf V1 w a -I n d O n eN o ei a-1 fA w N n nm O w w a t -I n m lC N m 1V d d N N T m l0 fT m O N m (r! d 01 O1 m O1 O m 1� 0 O 1 Gi d d '" fT n N m m m e -I N m O1 m w 01 .-I t` m O1 d .-i O O1 N m rl tq O d 01 O1 T n N r ro o m m m .-I Vl T .ti m w w O1 .-1 d .-I m N O ei tp O m w w d n o w N n O T m m N o m VI T v1 N It c 1!1 m m w w m ? 1 N n a v N Q NH �n v} rA V} N N N N V! 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To: Indian River County IRC 1505 66th Ave Contact: Rick Shepherd Phone: 772-521-5632 Project Name: 53RD ST SIGNALIZATION Item # Item Description Estimated Quantity Unit Unit Price Total Price 101-1 MOBILIZATION 1.00 LS $65,680.00 $65,680.00 102-1 MAINTENANCE OF TRAFFIC 1.00 LS $16,249.00 $16,249.00 110-1-1 CLEARING & GRUBBING 1.00 LS $3,450.00 $3,450.00 630-2-11 CONDUIT ( SIGNAL) ( F & I) UNDERGROUND 236.00 LF $58.80 $13,876.80 630-2-12 2" CONDUIT -SIGNALS ( F&I) UNDERPAVEMENT 1 RUN 220.00 LF $58.80 $12,936.00 630-2-12 2' CONDUIT -SIGNALS (F&I) UNDERPAVEMENT 5 RUNS 300.00 INT $58.80 $17,640.00 630-2-12 2" CONDUIT -SIGNALS (F&I) UNDERPAVEMENT 6 RUNS 150.00 EACH $58.80 $8,820.00 632-7-1 SIGNAL CABLE (F&I) 1.00 EACH $17,325.00 $17,325.00 633-2-31 FIBER OPYIC CONNECTION ( INSTALL) ( SPLICE) 1.00 AMBY $55.34 $55.34 633-3-11 FIBER OPTIC CONNECTION HARDWARE ( F& I) SPLICE ENCLOSURE 12.00 LF $1,627.50 $19,530.00 633-3-15 FIBER OPTIC CONNECTION HARDWARE ( F& I) ( PATCH PANEL 1.00 EACH $1,811.25 $1,811.25 635-2.11 PULL & SPLICE BOX ( F &I) ( SIGNAL) ( 13 X 24) 22.00 EACH $1,680.00 $36,960.00 635-2-12 PULL & SPLICE BOX ( F &I) ( SIGNAL) ( 24 X 36 ) 1.00 EACH $2,630.25 $2,630.25 639-1-122 ELECTRICAL POWER SOURCE ( F & I )M UNDERGROUND (M PURCHASE BY 1.00 AS $3,843.00 $3,843.00 639-2-1 ELECTRICAL SERVICE WIRE ( F & 1 ) 300.00 LF $6.72 $2,016.00 639-3-11 ELECTRICAL SERVICE DISCONNECT (F & I) POLE 1.00 EA $2,499.00 $2,499.00 639-2-12 PER -STRESSED CONCRETE POLE( F & I) TYPE P- 11 SERVICE POLE 1.00 EA $2,719.50 $2,719.50 646-1-11 ALUMINUM SIGNAL POLE (F& I) PEDESTAL 4.00 EA $2,257.50 $9,030.00 649-21-10 MAST ARM ( F & I) ( WS -170 ) ( SINGLE ARM) (60') 2.00 EA $82,950.00 $165,900.00 649-21-15 MAST ARM ( F & 1) (WS -170) ( SINGLE ARM )(70 2.00 EA $89,250.00 $178,500.00 650-1-14 TRAFFIC SIGNAL ( F & I) ALUMINIUM ( 3 -SECTION) 1 WAY) ME 8.00 AS $1,722.00 $13,776.00 650-1-16 TRAFFIC SIGNAL ( F & I) ALUMINIUM ( 4-SECTIDII) ) 4.00 AS $2,472.75 $9,891.00 653-1-11 PEDDESTRIAN SIGNAL ( F & I ) LED COUNTDOWN:(1 .) . - : 4.00 AS $924.00 $3,696.00 660-4-11 VIDEO DETECTION SYSTEM ( F& I) CABINET 8.00 EA $7,491.75 $59,934.00 660-4-12 VIDEO DETECTION SYSTEM ( F & I) - 4.00 EA $11,586.75 $46,347.00 665-1-11 PEDESTRIAN DETECTOR( PUSH BUTTON ) F& ISTANDARD 4.00 EA $220.50 $882.00 670-5-110 TRAFFIC CONTROL ASSEMBLY ( F & I ) NEMA 1.00 AS $50,610.00 $50,610.00 682-2-133 O CAMERA ( F & I) ( DOME PTZ, NON -PRESSURIZED) ( IP, HIGH DEFIN 100 EA $9,712.50 $9,712.50 6641-1 MANAGED FIELD ENTHERNET SWITCH LAYER 2 ( F & I) 1.00 EA $6,825.00 $6,825.00 700-1-60 SINGLE POST SIGN ( REMOVE) 2.00 AS $131.25 $262.50 700-5-22 INTERNALLY ILLUNMINATED SIGN ( F & I) OVERHEAD ( 12-18 SF) 4.00 EA $4,410.00 $17,640.00 715-5-31 LUMINAIRE AND BRACKET ARM ( F& I) 4.00 EA $3,307.50 $13,230.00 TOTAL BID PRICE $814,277.14 Notes: • Our proposal is valid for 30 days following the date of bid submission. Exceptions may be granted upon written request. ' Local power company impact fees & permit fees are not included. • Preparation of shop drawings and submittals generally take 30-45 days following the issuance of a notice to proceed under usual circumstances. • A reasonable material procurement is anticpated thereafter (22-28 weeks) • Proposal does NOT include any cast associated with de -energizing electrical lines for installation of drill shaft foundations and Mastarms, if needed. ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: 278 N O O coc W O m O O x Co O ami y w Q � M W C V Q ot3 Z v Lo CO vw a �. 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'A z u LL LLCO § ) F- LL \ 7 )Sb \E§a.k§ & a\ 2«w oao � Cl) % #zk(§u■Q § \ CD $ 0 LU » LU w / �d LL 0�\ »§Zo2«0� 0% 2\ u �(L§ §K)kk&2) 2 CL z k c z w z a t a@ a■ 2 w kCL0�� /) t �w�kW)10�W�� 0 § ■ 0 0 Ir,4z INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Mike Zito, Interim County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director THROUGH: Eric Charest, Natural Resource Manager FROM: Alexis Peralta, Stormwater Educator SUBJECT: Request for Stormwater Summer Camp 2023 DATE: January 12, 2023 DESCRIPTION After the success of Indian River County's (IRC) Stormwater Summer Camp in 2022, Stormwater Staff is requesting Indian River County Board of County Commissioners (Board) approval to participate in hosting a combined 2 -week Summer Camp for two sessions (4 weeks) in the Summer of 2023. Each camp session would offer two weeks for students; the first week being an Audubon focused extension of their 5th grade advocate program where they learn multiple environmental disciplines, followed by a second week hyper -focused on stormwater education. Stormwater staff will provide camp support to the Audubon educator the first week, while leading camp the second week with the Audubon educator's support. A second two-week camp session for new students will be conducted this same way later during the Summer. Campers will be selected by Audubon staff. Audubon will charge an estimated $100.00 per camper to help cover costs of the van, snacks, and activities. Stormwater staff will provide four weeks of staff time; two weeks of time co -leading the Advocates portion of camp, and two weeks of time leading the camps focusing on stormwater education; which include anticipated trips to IRC Stormwater Parks, the IRC Landfill, the Sebastian Inlet, and to the Indian River Lagoon. IRC Stormwater staff participation in these camps is separate from other regularly scheduled stormwater presentations and lessons at other camps including the Environmental Learning Center, the Learning Alliance's Moonshot Summer Program, and other Audubon events. The County's cost to participate in these two camp sessions at the Audubon House will include up to 150 hours of Stormwater staff time, $500.00 for Camp T-shirts, and up to $200.00 in supplies for activities such as gloves, safety vests, water quality testing kits, etc. L1R.1 171►[r7 The $700.00 in IRC related camp costs is available and budgeted in: Account Name Account Number Amount Stormwater Promotional Account 11128138-034820 $700 282 Request for Stormwater Summer Camp 2023 Page 2 of 2 RECOMMENDATION Staff requests approval from the Board for Indian River County Stormwater Staff to participate in and lead Summer Camp sessions hosted at the Pelican Island Audubon House in Summer 2023. APPROVED AGENDA ITEM FOR JANUARY 31, 2023 F:\Public Works\Personal Folders - Active\Alexis Peralta\Commission Meetings\Agenda Items 01.31.23 Stormwater Summer Camp 2023 283 4W Two -Week Camp Sessions 1 st Week - Extension of Audubon Advocates Program 2nd Week - Stormwater Intensive c+ ^rrqnwater ner 2023 By Alexis Peralta ormwater Educator "A Projected 2023 Camp Dates Session 1: June 19-23 & 26-30 -14 & 17-21 Session 2: July 10 Adventures in MultipleScientific Disciplines Stormwater Camp touches on many scientific fields giving campers a well rounded intro to Environmental Science. Landfill Tour with Daily Biological Diversity: Seining the Lagoon History of the Indian River Lagoon Local Government projects - Egret Marsh Kayaking the Lagoon (Physical Education) Composting/Recycling Erosion and Geodes Stormwater Watershed Presentation Water Quality Sampling & Testing (Chemistry) Interacting with Nature �'" � Y° -��,y V„'� � � . � ! �� Aga ]r!�• ff So much Science in so little i e! Item 12.G.2. 1/31/2023 3 Big THANK YOU to our Camp Partners! Pelican Island Audubon Society Indian River County Recycling Sebastian Inlet State Park Homeless Children's Foundation of IRC Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 1U County Attorney's Matters - B.C.C. 1.31.23 Oce of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 23, 2023 SUBJECT: City of Sebastian — Graves Brothers Annexation Update On December 14, 2022, the City of Sebastian City Council postponed both the annexation and the land use amendment until February 8, 2023. It was stated at the City Council meeting that it was anticipated that an annexation agreement would be available to the public two weeks before the hearing. The draft annexation agreement has been released and is attached. There is a workshop on the annexation scheduled for Wednesday, January 25th, 2023 at 5 pm. The County Attorney would like to provide the Indian River County Board of County Commissioners an update on the City Council workshop and request guidance on the annexation agreement in anticipation on the February 8th, 2023 City Council meeting. C.ic mkwlLegi,wsysvmyW3adoa34-IM-48j2-vsaa-zfi74»f2f48.mc 284 ANNEXATION AGREEMENT FOR GRAVES BROTHERS COMPANY THIS AGREEMENT is made and entered into this day of , 2022, by Graves Brothers Company, a Florida Corporation, whose address is 2770 Indian River Blvd., Suite 201, Vero Beach, FL 32960-4230; and the City of Sebastian, a Florida Municipal Corporation (hereinafter: the "City"), whose address is 1225 Main Street, Sebastian, Florida 32958. RECITALS: WHEREAS, the City of Sebastian, a Florida Municipal Corporation, is specifically authorized pursuant to Section 171.044, Florida Statutes (2022), to annex land upon the petition of the property owner; and WHEREAS, Graves Brothers Company, a Florida Corporation, has petitioned the City for -voluntary annexation of the Real Property; and WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms that the Real Property meets all requirements for annexation pursuant to the aforesaid Section 171.044, Florida Statutes (2022) and as otherwise set forth in Florida law and the City's Codes and Ordinances, for the voluntary annexation of real property; and WHEREAS, Graves Brothers Company, a Florida Corporation, and the City desire to set forth certain understandings with regard to the proposed use of the Real Property upon annexation, and based thereon, the parties hereto desire to enter into this Annexation Agreement; and WHEREAS, the City further enters into this Agreement pursuant to its Charter and home rule powers pursuant to Article VIII, Section 2, Florida Constitution of 1968 and Section 166.021, Florida Statutes; and WHEREAS, Graves Brothers Company, a Florida Corporation, legally incorporated by the Secretary of State, State of Florida, which corporate charter and standing with the State of Florida is current, active, and in good standing, as a Florida for-profit corporation; and WHEREAS, Graves Brothers Company, a Florida Corporation, is authorized by Chapter 607, Florida Statutes, and its charter, articles of incorporation, and by-laws to execute this Agreement; and WHEREAS, Graves Brothers Company, a Florida Corporation, by execution of this Agreement hereby affirms, warrants to, and affirms the City that it has taken all requisite corporate action to approve the execution of this Agreement; and WHEREAS, at the time of execution of this un -amended, base document Agreement, Graves Brothers Company, a Florida Corporation, was and is the legal Owner of certain Real Property (the "Real Property") located in Indian River County, Florida, which Real Property is the subject matter of this Agreement; and WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms, warrants to, and assures the City that it has legal marketable title in fee simple to the Real Property has lawful authority to petition for the voluntary annexation of the property set forth herein and desires to annex the Real Property into the municipal boundaries of the City; and WHEREAS, said Real Property constitutes 2,044.3 +/- annexed acres of property within the Southwest area of the City of Sebastian which is reasonably compact and contiguous to the municipal boundary of the City, and will not result in the creation of enclaves; and Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 2 8 of 71 285 WHEREAS, the parties desire to enter into this Agreement relating to the annexation of the Real Property in order to achieve the Development of the Real Property permitted under Article III of this Agreement and all in the promotion of the public health, safety, welfare, economic order, and aesthetics of the City; and WHEREAS, this Agreement has been found to be consistent -with the City's Comprehensive Plan and amendments pending adoption thereto; and WHEREAS, on December 14, 2022, the City Council of the City of Sebastian adopted Ordinance No. 0-22-07 approving this Agreement and directing the City Manager to execute this Agreement as provided in Section 3.04(g) of the Charter of the City of Sebastian; and WHEREAS, it is the intent of the parties hereto to Develop the Real Property based on the terms of this Agreement; and WHEREAS, all parties hereto have, without duress, voluntarily entered into this Agreement. NOW, THEREFORE, in consideration of TEN and 00/100 Dollars ($10.00) and certain other valuable considerations, each to the other paid in hand, the sufficiency and receipt all of which be and the same is hereby acknowledged, the parties desiring to be legally bound hereby agree as follows: ARTICLE I RECITALS; DEFINITIONS Section 1.1. Recitals; Properties Sublect to Agreement. The Real Property shall be held, transferred, sold, conveyed, occupied, annexed, and Developed subject to this Agreement. Each and all of the foregoing recitals (the "WHEREAS" clauses above) are hereby declared to be true and correct and are incorporated herein. Section 1.2. Definitions. In this Agreement, unless the context otherwise indicates, the terms set forth below are defined as follows: (a) "Affordable Housing" as defined by the Federal Department of Housing and Urban Development (HUD) and Chapter 420, Florida Statutes, means that monthly rents or monthly mortgage payments including taxes, insurance, and Utilities do not exceed 30 percent of the amount which represents the percentage of the median adjusted gross annual income for the households. (b) "Agreement" means and refers to this Annexation Agreement and as the same may be amended from time to time. (c) "City" means and refers to the City of Sebastian, a Florida Municipal Corporation. (d) "Commercial Use" means the portions of the Real Property intended to be Developed with professional Office or retail Commercial Development. There may be one or more Commercial Parcels which are predominantly connected with the sale, rental and distribution of products, or performance of services. (e) "Compatibility" or "Compatible" is defined as the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other. Some elements affecting compatibility include the following: height; scale; mass and bulk of structures; pedestrian or vehicular traffic, circulation, access and parking impacts; landscaping; lighting; noise; odor; and architectural style. Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 9of71 286 Compatibility does not mean "the same as." Rather, it refers to the sensitivity of Development proposals in maintaining the character of existing Development. (f) "Concurrency" is the legal requirement that specified Public Facilities (recreation and Open Space, potable water, reuse water, sanitary sewer or Wastewater, solid waste, Stormwater Management System, and transportation) be provided for, by an entity to an adopted Level of Service. (g) "Conservation" refers to environmentally sensitive areas that reserves and restricts Development on those lands in order to protect the environmentally sensitive lands. (h) "Consistent with the Comprehensive Plan" means a condition in which Land Uses or conditions can co -exist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. A Development shall be consistent with the comprehensive plan if the Land Uses, densities or intensities, and other aspects of Development permitted by such order or regulation are Compatible with and substantially further the , policies, Land Uses, densities or intensities, capacity or size, timing, and other aspects of the Development in the comprehensive plan, and if it meets all other criteria enumerated by the City, including the Land Development Codes in effect at the time of issuance of a Final Development Order. See §§163.3164 and 163.3194, Fla. Stat. (i) "County" means and refers to Indian River County, a political subdivision of the State of Florida. (j) "Density" is used as a measurement of the number of Dwelling Units per gross acre of land. (k) "Developer" is one who actually Develops, or has the right to Develop, any portion of the Real Property regardless of size. A Developer may also be an Owner of all or a portion of the Real Property. (1) "Development" or to "Develop" means and is defined as set forth in Sections 163.3164 and 380.04, Florida Statutes, as amended or superseded from time to time, which is set forth below. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels; any mining, excavation, landfill or land disturbance; and any nonagricultural use or extension of the use of land, are all activities included within the terms "Development" or to "Develop." The term "Development or to "Develop" includes redevelopment. The term "Development" or to "Develop" shall include construction within any public Right of Way that is dedicated, conveyed, or proposed to be conveyed or dedicated to the public or to a governmental entity. "Development" shall be the planned or actual act of placing Development on the land, consistent with City Code and Florida Statutes. (m) "Development Order" means any order granting, denying, or granting with conditions an application for a Development Permit. See §163.3164, Fla. Stat. (n) "Development Permit" includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the Development of land. See §163.3164, Fla. Stat. (o) "Dwelling Unit" is a room or group of rooms forming a single independent habitable unit used for or intended to be used for living, sleeping, sanitation, cooking and eating purposes by one (1) family only; for owner occupancy or for rental, lease or other occupancy and containing independent kitchen, sanitary and sleeping facilities. A Dwelling Unit per gross acre is also a measure of Density. Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 4 _,... 10 of 71 287 (p) "Final Development Order" means the issuance of a Development Order for a Site Plan or in the case of a Residential Use for Single -Family Dwellings, a Development Order for a final Plat. In certain cases as specifically noted throughout this Agreement, a Final Development Order may mean a building permit to commence construction of a structure or building. (q) "Floor Area Ratio" or "FAR" is a measurement of non-residential Development which represents the gross floor area of all buildings, structures, or similar as compared to the total area of the property on which it is located. The Floor Area Ratio is a fraction, the numerator of which is the gross floor area of all floors in structures and the denominator of which is the square footage of the property. The ratio is measured in square feet to the area of a Tract land, excluding any bonus or transferred floor area. (r) "Green Infrastructure" refers to ecological systems, both natural and engineered, that act as living infrastructure. Green Infrastructure elements are planned and managed primarily for Stormwater control, but also exhibit social, economic and environmental benefits. (s) "Impact Fee" means a fee levied by the City, or other governmental entity, on new Development so that the new Development pays its proportionate share of the cost of new or expanded Public Facilities required to service that Development. (t) "Industrial Land Use" or Industrial Use" means the portions of the Real Property intended to be Developed with activities predominantly connected with manufacturing, assembly, processing, or storage of products, which are defined herein as an Industrial Use. There may be one or more Industrial parcels. (u) "Heavy Industrial Land Use" or "Heavy Industrial Use" refers to an Industrial property subtype in which the property is occupied by one or more tenants and the property is utilized for heavy industrial purposes, i.e. heavy manufacturing, petroleum products, cement, recycling center, and other uses, all of which Heavy Industrial uses must be consistent with and as provided by Section 542-5.6A of the Land Development Code of the City of Sebastian. (v) "Infrastructure" means and refers to those man-made structures which serve the common needs of the population, such as: Wastewater or sewage, Stormwater, or Wastewater treatment or disposal systems; potable or reuse water systems; potable water wells serving a system; solid waste disposal sites or retention areas; Stormwater systems and outfall; Utilities; bridges; and, roadways. (w) "Institutional Land Use" means the portions of the Real Property intended to be Developed with facilities providing a government or public service, recreation, certain Infrastructure Developments, or Conservation, which are defined herein as an Institutional Use. There may be one or more Institutional Parcels. (x) "Land Development Codes" means ordinances or resolutions enacted by the City Council for the regulation of any aspect of Development and includes any local government zoning, rezoning, subdivision, building construction, landscaping, or sign regulations or any other regulations controlling the Development of land. See Land Development Regulation, §163.3164, Florida Statutes. (y) "Land Use" means the Development that has occurred on the Real Property, the Development that is proposed by a Developer on the land, or the use that is permitted or permissible on the land under the then currently effective comprehensive plan or element or portion thereof, or the Land Development Code, as the context may indicate. (z) "Level of Service" means and refers to an indicator of the extent or degree of service provided by or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of Service shall indicate the capacity per unit of demand for each Public Facility. Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 5 11 of 71 288 (aa) "Lot" means and refers to a parcel of land of at least sufficient size to meet minimum zoning and Land Development Code requirements, in existence at the time of Platting or Development, for use, coverage and area, and to provide such yards and other Open Spaces. (bb) "Low Impact Design" means systems and practices that use or mimic natural processes through incremental treatment of Stormwater runoff that result in the infiltration, evapotranspiration or storage of Stormwater in order to protect water quality and associated aquatic habitat. (cc) "Master Planning" or "Master Planned" means creation of illustrative plan depicting the Real Property and locating development area, spine roads, and assigning intensity and/or density to the development area. (dd) "Manufactured Housing" means a Mobile Home fabricated on or after June 15, 1976, in an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act. (ee) "Mixed -Use Development„ means and refers to a type of Development that combines a mix of uses that shall include a mixture of residential, office, commercial, recreational, limited industrial and/or institutional uses within one building or multiple buildings with direct pedestrian access between uses. Also, a Mixed -Use Development may encourage town centers along major arterial transportation corridors. (ff) "Mobile Home" means a residential structure, transportable in one or more sections, which is 8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to required Utilities, and not originally sold as a recreational vehicle, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. (gg) "Multi -Family Dwelling Units" means three or more attached dwelling units either stacked vertically above one another and/or attached by side or rear walls. (hh) "Open Space(sr means and refers to lands suitable for passive recreation, Conservation, Stormwater uses (inclusive of lakes and canals) as further defined in this Agreement and in the City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1. (ii) "Owner" means and refers to Graves Brothers Company, a Florida Corporation, organized under the laws of the State of Florida, the record owner of the fee simple title to the Real Property, less and excepting all ROW, and to its or their successors, heirs and assigns or the Developer. (jj) "Planned Unit Development" or "(PUD)" is a form of Development recognized from time to time within the City's Land Development Code as a specific implementing zoning district and which creates a Planned Development. Development that is designed as a unit, and which shall include only one or a mixture of Land Uses, and which generally avoids a gridiron pattern of streets, and usually provides common Open Space, recreation areas or other amenities. Requirements include submission and review of Site Plans as part of the zoning or rezoning to a PUD zoning district. (kk) "Planned Development" is land that is under unified control and planned and Developed as a whole in a single development operation or a definitely programmed series of Development operations. A Planned Development includes principal and accessory structures and uses substantially related to the character and purposes of the Planned Development. A Planned Development is constructed according to comprehensive and detailed plans which include not only streets, Utilities, Lots or building sites and the like, but also Site Plans and floor plans for all buildings as intended to be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings. Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 6 12 of 71 289 (II) "Parcels" means any contiguous quantity of land capable of being described such that its location and boundaries may be established, that is designated by its owner(s) or developer(s) as land to be used or developed as a unit, or that has been used or developed as a unit. (mm) "Plat" shall be defined as a map or delineated representation of the subdivision of land or lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of all applicable sections of Chapter 177, Florida Statutes, as amended from time to time, and City subdivision regulations, in effect at the time of platting or replatting of a particular Development. The term "plat" shall include a replat. See §177.031, Fla. Stat. (nn) "Public Facilities" or "Public Facility" means publicly owned Infrastructure including, rights-of-way, roadway or transportation systems or facilities, sewer or Wastewater systems or facilities, solid waste systems or facilities, Stormwater facilities, drainage systems or facilities, potable or reuse water systems or facilities, educational systemsorfacilities, parks and recreation systems or facilities and public health systems. (oo) "Real Property" means and refers to all such existing real property as described in Exhibits 1A & 113, attached hereto and by this reference incorporated herein. To the extent that the written metes and bounds legal description and the pictorial sketch conflict, the sketch shall supersede the written metes and bounds legal description in interpreting the description of the Real Property. (pp) "Residential Land Use" or "Residential" means the portions of the Real Property intended to be Developed with a residential use, for use as Single Family Dwelling Units or Multi -family Dwelling Units, which are defined herein as a residential use. There may be one or more Residential parcels. (qq) "Recreation Facility" means a component of a recreation site used by the public such as a trail, court, park, athletic field, swimming pool, or for the pursuit of leisure time activities occurring in an indoor or outdoor setting. (rr) "Right of Way" means and refers to land in which the state, a county, a municipality or a special or improvement district, holds the fee simple title or has an easement, or dedicated rights of use, required for a public use. (ss) "Single Family Dwelling Units" means a structure containing a residential single family Dwelling Unit occupying the building from ground to roof. (tt) "Site Plan" means an illustrated proposal for the Development or use of a particular piece of the Real Property. The illustration consists of a map or sketch of how the Real Property will appear if the Development proposal is accepted by the City. The requirements for the contents of a Site Plan are as set forth in City's Land Development Codes, as amended from time to time. The Site Plan regulations applicable to Development of a specific parcel of the Real Property shall be those in effect at the time of approval of the Site Plan by the City. (uu) "Stormwater" means and refers to the flow of water which results from and which occurs immediately after a rainfall event. (w) "Stormwater Management System" means and refers to a feature or facility which collects, conveys, channels, holds, inhibits or diverts the movement of Stormwater shall be inclusive of Best Management Practices (BMP). (ww) "Utility" includes but is not limited to gas, water, re -use water, sewer, telephone, power, Stormwater drainage, and cable television. Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 7 13 of 71 290 (xx) "Wastewater" means the spent water of the community comprising the liquid and water - carried wastes from residential uses, commercial uses, industrial uses, and institutional uses, together with minor quantities of ground and surface waters that are not admitted intentionally. ARTICLE 11 ANNEXATION Section 2.1. Petition to Annex. (a) The Owner has voluntarily submitted to the City a formal and revised Petition or request for Annexation of the Real Property. This Agreement memorializes the existing Petition to Annex by the Owner and constitutes a Petition to Annex the Real Property. The Owner warrants that the Petition has been executed by all of the existing fee simple title owners of record of the portion(s) of the Real Property to be annexed and has been filed with the City in compliance with any and all applicable requirements of law, including, but not limited to, Chapter 171, Florida Statutes. (b) This sub -section of the Agreement represents and includes findings by the Owner and the City that: (1) A substantial portion of the boundary of the Real Property is substantially contiguous to the City's corporate boundary. "Contiguous" is defined as set forth in Section 171.031, Florida Statutes; (2) The Owner, for itself and the Developer of each subdivision or Parcel of the Real Property, at its sole expense, intends to provide adequate Public Facilities for the Real Property, and (3) The Real Property is ideally suited for annexation into the City due to its proximity to the City and adjacent transportation corridors and Public Facilities; and (4) The annexation will yield substantial benefits to the Owner, the City, and to the Real Property in the form of planned Mixed -Use Development, an increased tax base to the City, Conservation of natural habitats, Open Space, and increased employment opportunities. (c) The Annexation petition to annex a portion of the Real Property may be withdrawn by the Owner of that portion of the Real Property at any time prior to final approval of the annexation ordinance pertaining to that portion of the Real Property. If the petition is withdrawn, this Agreement is hereby terminated as to that portion of the Real Property, and the parties hereto shall not be bound by this Agreement with regard to its application to that portion of the Real Property. However, no application fees or other type of fee or charge paid to the City or any other governmental entity, or obligated to be paid to the City or other governmental entity shall be refunded, and the City shall be released form any liability for the release of the obligation or refund of the fee or charge by the Owner. This provision shall survive the termination of this Agreement. 5. Section 2.2. Consideration of Petition. The City shall have the full and complete right to deny annexation, defer annexation, or approve annexation of the Property or any portion thereof. By execution hereof, the Owner understands and agrees that the City makes no representation as to the suitability or legal appropriateness of the Real Property for annexation or that the City will annex the Property at any time or based upon any specific conditions, except as otherwise set forth herein. Section 2.3. Cooperation. The Owner agrees to cooperate in the process of annexing the Real Property, based on any time schedule, all as may be required by the City in its sole and absolute discretion, Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 8 14 of 71 291 subject always to the provisions of this Agreement. Annexation of any part or portion of the Property shall not relieve the Owner of its obligation to cooperate with the City in, and to keep alive the Petition for, Annexation of all the Real or a portion of the Property. Section 2.4. Litigation. Should any "party affected," or as defined in Chapter 171, Florida Statues (or any successor statute), file a legal action with a court of competent jurisdiction contesting the annexation of the Real Property or this Agreement, the Owner, at the request of the City, agrees to participate in defense of the annexation and this Agreement. Further, with regard to any attorneys' or paralegals' fees or court costs, or adverse judgment, incurred by the City directly relating to its defense of any lawsuit with the City, if any, relating to contest of the annexation hereunder or this Agreement, the Owner agrees to indemnify and save harmless the City for the payment of any claims or damages, as well as any court costs, adverse judgment and attorney's and paralegal's fees, incurred in defending said action or as a direct or indirect result of said action. As used herein, the term "defense" shall inciude any counter -claims, appeals, or cross-appeals. As used herein, reference to attorney's fees or paralegal's fee shall apply to both trial and any appeal and to any negotiation of settlement of claims relating to this Agreement or any annexation. The Owner will have to make any payment to the City within ten (10) days of receiving any invoices from the City pertaining to any claims or damages, as well as any court costs, adverse judgment and attorneys or paralegal's fees, or court costs, as stated above. The City, at it sole cost and expense, will have the authority pursuant to this Agreement to retain the legal counsel of its choice. ARTICLE III DEVELOPMENT OF THE PROPERTY Section 3.1.' Development Plan. (a) Future Development Planning. (1) As of the Effective Date of the original, un -amended Annexation Agreement, there is no graphic or written version of a Development Plan for the Real Property. The Owner/Developer agrees that this Agreement does not authorize approval of any specific Development Order, subdivision or Site Plan proposal. However, the Owner and any Developer of any portion of the Real Property, agrees that minimum standards in this Agreement shall guide and bind the Development of the Real Property. (2) The Owner and the City agree that due to the size of the Real Property and its location, that Development of the Real Property shall be Master Planned through a Mixed Use PUD zoning on a minimum of 400 acre Parcels as part of the Planned Unit Development (PUD). Development of the Real Property shall consist of a well-planned, sustainable and integrated system of Land Use; consistent with Future Land Use Map (FLUM) and City Ordinance 0-22-13, (see Section (b)(2) a. through m., supra] containing a mix of Residential and non-residential uses. (b) Comprehensive Plan Land Use Designation. The City has taken action to designate the Real Property on the Future Land Use Map (FLUM) of the City's Comprehensive Plan as Mixed Use as provided in Policy 1-1.3.6 of the Future Land Use Element. (1) Mixed Use (MU) Development. The Real Property shall be Developed Consistent with the Comprehensive Plan Future Land Use Classification in effect and according to Florida Statues at the time of Development as determined by the City, and in no event will the Real Property Development exceed the maximum Density and Intensity of Use in this Agreement, and will satisfy all other requirements of this Agreement. The purpose of the Mixed Use designation is to provide a mixture of Residential, Commercial, recreational, Industrial, Heavy Industrial, and Institutional uses and encourage town centers along major arterial corridors. Sebastian/Annexation 15.Agt f=inal Draft Clean 01/19/2023 9 15 of 71 292 The Development of the Real Property shall be Master Planned as a PUD on a minimum of 400 acre parcels. A range of Mixed Uses consisting of 60%-80% Residential Land Use categories shall be balanced with a mixture of non-residential Land Use categories with a range of 20% - 40%. During the PUD process, the acreage within the PUD shall be a mix of uses including Residential, Institutional, Commercial and Industrial. The Residential Land Use on the Real Property shall include a target mix of 40% Medium Density, 40% Low Density and 20% Very Low Density for the purposes of calculating permissible density. Densities may be transferred within each PUD parcel or outside to other PUDs within the Real Property provided the Residential Land Use range is not exceeded on the Real Property. There shall be a minimum 50% Open Space requirement for the Residential property. Non-residential Land Uses may include up to 25% Multifamily Residential Uses. Notwithstanding any other provision in this Agreement, the Density permitted on the Real Property shall be the allowable destiny per the limiting factors as further defined in this Agreement and in the City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1. Notwithstanding any other provision in this Agreement, the maximum Intensity on Commercial Use shall be 0.6 FAR, and the maximum Intensity on Industrial Use shall be 0.5 FAR. There shall be a minimum 30% Open Space requirement for the Industrial and Commercial Uses. (2) Comprehensive Plan Requirements. The City has approved Ordinance 0-22-13 as part of the Comprehensive Plan which includes the following principals of Mixed -Use Development for the Real Property. These principles shall further guide and bind Development of the Real Property under the Comprehensive Plan Site Specific Policy 1-1.7.1, as amended from time to time. The Owner agrees to and consents to the site specific policy as set forth below which is the policy in effect at the time of consummation of this Agreement in its original, un -amended form, which is set forth below. a. Rezoning of the property shall be done through a Planned Unit Development process as described in Article XX of the City's Land Development Code, as amended, or superseded, from time to time. b. Housing types shall be mixed to meet various income levels and lifestyle choices; a mix of Single Family Dwelling Units and Multi -Family Dwelling Units (the Dwelling Units") consisting of a variety of housing choices including at least 5 percent (5%) and up to 10 percent (10%) of the Dwelling Units on the Real Property as being Affordable Housing. C. Provision for future dedication of Right of Way, at the time of Development, to the extent required for the Development and upon mutual consent of the Owner, shall be transferred to the appropriate entity to promote an interconnected, extended and improved grid road system, along with a well-planned transportation system of roads and streets throughout the Real Property (Development), in coordination with the County, to specifically include 84h Avenue, 81 s` Street, 770' Street, and 73`d Street, as well as 74th Avenue. d. Provision shall be made on the Real Property for a mixed-use "Town Center" area including an active street frontage or context sensitive street design, compatibility of central theme or design character, and a comprehensive transportation network that promotes walkability thru compact Development and proximity of structures, reduces auto dependence, and connects to state and local transportation corridors. e. To the extent required for and at the time of the Development, future dedication and donation of Institutional parcels may be required as necessary for governmental services such as post offices, public safety, schools, etc. and Public Facilities that may be needed for increases in necessary services, as identified by concurrency analysis in accordance with the City of Sebastian Land Development Codes and Ordinances at the time of development. f. Strategic assembly of commerce and industrial development consistent with the City's Comprehensive Plan Mixed Use Land Use. g_ To the extent required for and at the time of the Development, future dedication or conveyance of Conservation lands to the appropriate entity to include any natural areas of significant SebastianlAnnexation 15.Agt Final Draft Clean 01119/2023 10 16 of 71 293 importance, and the provision of greenway trails to promote a system of connectivity and access consistent with the City's Comprehensive Pian and Land Development Codes. h. To the extent required for and at the time of the Development, dedication of City Park and recreational lands above what will be required in the individual residential subdivision developments. Allocation of parks and recreational lands consistent with the City's Comprehensive Plan and Land Development Codes specifically: a minimum of 2 acres per 1000 residents of publicly accessible recreation lands, and a minimum of 2 acres per 1000 residents of other recreational lands. Publicly accessible lands shall be designated at the time of PUD zoning and may be conveyed to the City. The dedicated lands, shall count towards the required aggregate open space required for the Real Property; L_ Increased buffers adjacent to low density areas outside of the PUD area shall be in accordance with existing City Land Development Codes. L As a condition of future Development of the Real Property, the Owner shall provide sufficient land area for Public Facility Infrastructure required to support the Development and mandate hook- up to central potable water and wastewater systems for all new Developments on the Real Property prior to receiving final Development Orders. Therefore, the proposed development of any portion of the Real Property must provide municipal water, municipal sewer/wastewater systems reclaim water systems and Stormwater Management Systems, as a condition of Development. These services may be provided by the County however no septic systems or wells for individual potable water are allowed in accordance with City policy and land development codes. k. The property shall be Master Planned on a minimum of no less than increments or units of 400 acre Parcels as part of an overall Planned Development project using the PUD zoning district and process, and promote Green infrastructure through a comprehensive plan of connected Stormwater, greenways, and Open Space that provides for wildlife habitat, Stormwater Management System and recreational opportunities including Low Impact Design and Hest Management Practices. 1_ The Real Property shall consist of a mix of uses consisting of 20-40 percent non-residential gross acreage and 60-80 percent residential gross acreage, and must provide for the required Open Space requirements and be in compliance with the Land Development code. M. The Real Property Development shall have a minimum aggregate total of 50% Open Space for Residential Land Uses and 30% Open Space for non-residential land uses in accordance with Sec. 54-2-5.10(c) City Land Development Code, including but not limited to each of the following uses which shall qualify to meet the Open Space requirement: conservation and preservation land; greenways and trails; all parks whether passive or recreational; all common Open Space; Stormwater uses (inclusive of lakes and canals), wetland preservation, preservation of habitat for Protected Species which is left undeveloped, and any pervious portions of the Real Property conveyed to the County or City for a Wastewater treatment plant, Right of Way, schools, fire station or police station. (c) Any residuary amount of the Real Property remaining after the PUD Development Permitting of all phases of the Real Property, the Owner/Developer agrees that those residuary properties shall be submitted for Development and specific Land Development consistent with the adjoining property. (d) Consistency with Comprehensive Plan. The parties agree that as required by Florida law all Development constructed on the Real Property must be Consistent with the Comprehensive Plan, as it exists at the time of issuance of a Final Development Order for the particular Development that is the subject of the Final Development Order. See §163.3194, Fla. Stat. (e) Mobile Homes and Manufactured Housing. Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 11 17 of 71 294 (1) Notwithstanding other provisions in this Agreement, Mobile Homes with or without essentially flat roofs may be located on any parcel of the Real Property for not more than 780 consecutive days in any four non -calendar year period solely for purposes of use as a building construction office facility. Otherwise, Mobile Homes and Manufactured Housing shall not be Developed on the Real Property. (2) In the event that the foregoing sub -section (e)(1) is deemed unenforceable or otherwise stricken by a court of competent jurisdiction or other governmental authority, Mobile Homes and Manufactured Housing may only be permitted by such that Mobile Home or Manufactured Housing roofs that are visible from any public or private Right -of -Way shall be of hip, gambrel, mansard, or gable styles. Roof height, bulk, and mass must appear structural even when the design is nonstructural. The following requirements shall apply: (1) All Single -Family Dwelling Units and Duplex buildings shall have a pitched roof covering a minimum of 65 percent of the overall floor area under the roof; (2) Pitched roofs shall have a minimum slope of 5:12 (five inches vertical rise for every 12 inches horizontal run) and shall have an overhang beyond the building wall; however, the overhang shall not encroach into an easement; (3) Flat roofed areas including, but not limited to, porches or screen rooms are permissible in the remaining 35 percent of floor area under roof; and (4) Fiat roofs shall be located at the rear of the building out of view from the public right-of-way. (3) In the event of a hurricane or other major weather disaster in which the City determines that single-family or multi -family Residential housing on the Real Property or in the City is destroyed or substantially not habitable, the City may unilateral authorize the temporary placement of Mobile Home or Manufactured Housing on the Real Property for a period not to exceed 1,095 consecutive days. Thereafter, the Mobile Home or Manufactured Housing on the Real Property must be immediately and promptly removed at other than City expense. Section 3.2. Commercial Development. (a) Uses. A variety of non -Residential Land Use designations shall be maintained to assure availability of sites that accommodate the varied site and spatial requirements for such activities as: professional and business Offices, Commercial activities, employment generating businesses and general retail sales and services. In doing so, the City shall promote the image and function of the urban core which is the City's center for commerce as well as civic and cultural enrichment. Office Development may serve as a transitional use separating more intensive Commercial uses from Residential Development in order to create a tiered Development strategy. Office Development and limited Commercial activities (neighborhood serving) may also be suitable and locate along the outer fringe of the urban core where such Development may encourage reinvestment in declining Residential areas surrounding the urban core. Residential Development as permitted by Section 166.04151(6), Florida Statutes, as amended or superseded from time to time shall also be permitted. (b) Height: Intensitv. The Owner/Developer agrees that a maximum height for all structures shall be thirty-five (35) feet, as calculated pursuant to the Land Development Codes in effect at the time of the issuance of a Final Development Order; subject always to the provisions of the Land Development Codes in effect at the time of the issuance of a Final Development Order. The Commercial Land Use category consists of Neighborhood, Limited and General uses in progressive degrees of higher intensity: (1) Neighborhood level Commercial activities are defined in the City's Land Development Codes from time to time as including retail and office activities that service Residential neighborhoods. Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 12 18 of295 (2) Limited Commercial Land Use designation is to consist of sites intended to accommodate neighborhood level commercial activities. The maximum intensity is 0.6 FAR. Limited Commercial activities and personal services shall include establishments catering to the following markets: a. Neighborhood Residential markets within the immediate vicinity as opposed to county -wide or regional markets; or b. Specialized markets with customized market demands. (3) General Commercial Land Use designation is to accommodate general retail sales and services; highway oriented sales and services; and other general Commercial activities defined in the Land Development Codes, General Commercial designations are located in highly accessible areas, adjacent to major arterials. ........................ . (c) Platting: Subdivision. Prior to commencement of construction, the Owner/Developer agrees that Lots within any Commercial Parcel shall be Platted or Subdivided by and at the sole cost and expense of the Developer subject to the Land Development Codes in effect at the time of the issuance of a Final Development Order. Section 3.3 Residential Development. (a) Uses. The residential Land Use category consists of "Very Low Density Residential," "Low Density Residential," "Medium Density Residential," or "Mixed Use" residential uses in progressive degrees with higher Density in areas adjacent to the urban core and less Density in the perimeter of the City. Residential Development shall be planned and designed to create and perpetuate stable Residential neighborhoods and implement the policies stipulated in the City Comprehensive Land Use Plan. Accessory uses include customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including guest houses or ADU's, garages, in keeping with the residential character of the area, all as permitted or prohibited pursuant to and consistent with the City's Land Development Codes in effect at the time of issuance of a Final Development Order for a building permit. (b) Density: Residential Development Standards. The Owner/Developer agrees that Development on the Residential property shall meet the following standards: (1) Areas designated as "Very Low Density" shall accommodate up to three (3) dwelling units per gross acre and shall be comprised of primarily single-family detached homes on individual lots; (2) Areas designated as "Low Density" shall accommodate a maximum Density of up to five (5) dwelling units per gross acre and shall be comprised primarily of single family detached homes on individual lots and attached residential homes; (3) Areas designated as "Medium Density" shall accommodate a mixture of single- family (detached and attached) residential housing, multi- family residential housing, and Compatible civic uses and Open Space(s) at a maximum density of ten (10) Dwelling Units per gross acre. The Density of uses within this designation should be sensitive to adjacent neighborhoods to ensure appropriate transitions, buffers, and Compatibility. (4) Density on Residential property may be clustered or transferred from Residential property to Residential property or Commercial property; provided, that the requirements of this Agreement are not otherwise exceeded, all in an effort to provide Open Space or higher Density Development in certain areas of the Real Property. Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 ' 13: 19 of296 o. (c) Affordable Housing. The Owner/Developer is encouraged to coordinate with non-profit legal entities to further expand opportunities for Affordable Housing. (d) Platting; Subdivision. Prior to commencement of construction, any Subdivision of the Residential property shall be platted by and at the sole cost of the Owner/Developer pursuant to the City's Land Development Codes in effect at the time of Subdivision. Section 3.4. Industrial Land use Development. (a) Uses. The purpose of the Industrial Land Use designation is to provide strategically located sites for Industrial needs and requisite support services. The City's Industrial Land Use may be further designated as Industrial (IND), or Heavy Industrial (HI), in order to support future economic Development and job growth. The locations for IND and HI should be located with convenient access to major transportation routes. New industrial locations shall ensure protection of environmentally sensitive lands, protected natural resources, and Protected Species. (1) Industrial (INDJ - Land Use designation provides for limited manufacturing and industrial uses which minimize the potential for any adverse impacts upon nearby properties which include: Utilities; light manufacturing, assembling and distribution activities; warehousing, storage and wholesaling activities; general commercial activities; aviation related industry, services and facilities; support services such as night watchmen or custodian residential accessory uses; and other similar land uses which shall be regulated through appropriate zoning procedures. (2) Heavy Industrial (HI) - Land Uses are subject to additional protective measures through appropriate zoning procedures. The City will establish separate HI district location criteria and performance criteria that provide a greater separation from impacts to surrounding Land Uses. Uses permitted in the HI district allow a broader range of uses that may have a greater impact on adjacent properties including: sites which require large surface area, bulk storage facilities, logistic centers/ terminals; distribution centers; warehousing, manufacturing and processing; green technologies and wholesale recycling operations; and support services such as night watchmen or custodian residential accessory uses. (b) Height: Intensity. The maximum height for all structures shall be thirty-five (35) feet, as calculated pursuant to the Land Development Codes in effect at the time of the issuance of a Final Development Order. Subject always to the provisions of the Land Development Codes in effect at the time of the issuance of a Final Development Order and notwithstanding any other provision in this Agreement, the maximum Intensity of Industrial Use shall not exceed a 0.5 Floor Area Ratio within its Zoning District. (c) Locational Standards. (1) Industrial sites shall generally be allocated in areas accessible to arterial roads, rail corridors, or near airport facilities and should be located in more sparsely Developed areas. New Industrial Land Use areas shall also be located near existing Compatible Land Use, separated from Residential Tracts and Institutional Tracts. Where new industrial Tracts are adjacent to environmentally sensitive lands, protected natural resources, or Protect Species, appropriate buffers and other techniques shall be used to ensure protection of such lands and resources from industrial Development. The City shall encourage industries that contribute to the City's and local economies of the Treasure Coast and Space Coast. The City shall also encourage green industries (such as recycling facilities) that minimize potentially negative regional impact to the environment. (2) The allocation of land resources for industrial Development shall be responsive to the location and space requirements of industrial activities and potential fiscal and environmental impacts on the City. The location and distribution of Industrial Land Use shall be determined based on the following considerations: Sebastian/Annexation 15.Agt Final Draft Clean 0111912023 14 20 o f"d97 I. Trip generation characteristics and impact on existing and planned transportation systems, including dependency on rail, air, or trucking for distribution of material and goods; ii. Anticipated employment generation, floor area requirements, and market area; iii. Ability to meet established performance standards for preventing or minimizing nuisance impacts, such as emission of air pollutants, glare, noise or odor, or generation of hazardous by-products; iv. Impact on established as well as anticipated future Development and natural systems; and V. Impact on existing and planned public services, Utilities, water resources, and energy resources. (3) The City shall prevent nuisance impacts frequently associated with Industrial activities by maintaining performance standards in the Land Development Codes for managing emission of noise, air pollutants, odor, vibration, fire or explosive hazard, and glare. (4) In addition to the performance standards identified above, the City shall establish performance standards in the LDC as it pertains to both Industrial and Heavy Industrial districts which at a minimum address, but are not limited to, the following: I. Allowable uses; ii. Land Use Compatibility, buffering and landscaping; iii. Access points, traffic controls, and parking; iv. Signage; V. Gross floor area, impervious surface ratios; vi. Open space; vii. Character of an area; viii. Locational factors; ix. Environmental impacts; and X. Secondary containment and open air storage facilities. (d) Platting; Subdivision. Prior to commencement of construction, Lots within any Industrial Tract shall be Platted or Subdivided by and at the sole cost and expense of the Owner/Developer subject to the Land Development Code, in effect at the time of the issuance of a Final Development Order. Section 3.5. Institutional Land Use Development. (a) Uses. The Institutional Land Use designation is intended to accommodate existing public and semi-public services including: governmental administration buildings; public schools, not-for-profit educational institutions and charter schools; hospital facilities and supportive health care units; arts and cultural or civic facilities; essential public services and facilities; cemeteries; fire and emergency operation facilities; public and private parks and recreation areas; and Utilities. (b) Height; Intensity. The maximum height for all structures shall be thirty-five (35) feet, as calculated pursuant to the Land Development Code, in effect at the time of the issuance of a Final Development Order. Subject always to the provisions of the Land Development Code, in effect at the time of the issuance of a Final Development Order and notwithstanding any other provision in this Agreement, the maximum Intensity of this designation is floor area ratio of 0.6. The location, scale, timing, and design of necessary public and semi- public services and Utilities shall be closely coordinated with Development activities in order to promote more effective and efficient delivery of requisite services and Utilities. The City shall maintain and enforce appropriate standards and specifications for the design and construction of public Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 15 21 oIN8 and semi-public services in order to promote cost effectiveness and quality control consistent with all applicable federal, state, regional, and local standards. (c) Transmission, Distribution System. To the extent required by the Development and at the time of Development, the Owner/Developer of each portion of the Real Property will at the time of Development be responsible at its sole cost and expense for the installation of, connection to, or disconnection from, pressurized Wastewater treatment, gravity Wastewater, pressurized potable water, and pressurized County reuse pipes, tees, bends, valves, joints, laterals, pumps, and other appurtenances (hereinafter: "Facilities") and for the transmission of sewage, potable water, reuse water, or Stormwater. Said Facilities shall be capable of operation and maintenance for a term of years as required at the time of installation by the County. Said Facilities shall be conveyed to the County or the City, as directed by the City, on a schedule to be Developed by the City in consultation with the County. (d) Over -sizing of Utility Public Facilities. The City or the County shall have the right to require, and the Owner/Developer accepts the responsibility of providing and maintaining, all at its expense, oversized Utility Public Facilities, including but not limited to potable water, Wastewater Treatment, Stormwater Management System, and water reuse, all to serve additional properties on-site or off-site of the Real Property; provided that a mutually agreeable cost recovery system can be put in place to reimburse the Owner/Developer for the over -sizing of the Utility Public Facilities. (e) Platting; Subdivision. Prior to commencement of construction, Lots, Tracts, or Parcels of the Real Property within any Institutional Tract shall be Platted or Subdivided by and at the sole cost and expense of the Owner/Developer subject to the Land Development Codes in effect at the time of the issuance of a Final Development Order. Section 3.6. Reservations or Dedications of Land for Public Purposes. (a) Reservation or Dedications. Except as otherwise set forth below, reservations or dedications of portions of the Real Property shall comply with the Subdivision regulations set forth in the City's or County's Land Development Codes, as applicable, effective at the time of Site Plan approval for a given portion of the Real Property Development. All dedications or conveyances of road Right of Way, Stormwater Management Systems, water and sewer lines and lift stations and other Infrastructure, to the City, County, or other governmental entity, shall, at the time of dedication or conveyance, be free and clear of all mortgages, liens, and encumbrances and shall only be required by and at the time of Development. (b) Roadways; Public Rights of Way. (1) To the extent required for the Development and at the time of Development, the Real Property Development area will include connections to County Road 510, 82nd Avenue, and 69h Street right of way and roadways shall be Developed as permitted and consistent with Chapter 1497, Florida Administrative Code. (2) To the extent required for the Development, the aforementioned connections to County Road 510, 82nd Avenue, 69th Street, the existing City and area road network, will all be made at time of Development and at the sole cost and expense of the Owner/Developer, and at no cost to the County, the City, or any other governmental entity. The City may require that traffic islands for signage, safety, or aesthetics within these public access Rights of Way which shall be dedicated or conveyed to the City, or other appropriate governmental entity. (3) The City acknowledges its intention, in good faith, to: Sebastian/Annexation 15.Agt Final Draft Clean 01119/2023 16 22 of299 i. Coordinate the pro -rata funding of interchange, bridge crossings, or roadways with the Developers or owners of adjacent land, when such land is benefited by those improvements; and ii. Implement, when possible and agreeable with other land Developers or owners a "cost recovery" program for Utilities under the County's or the City's operation and control. (c) Nothing in this Agreement shall prevent the Owner, its heirs, successors, and assigns from receiving impact fee credits or other compensation for any conveyance of land or for any provision of public infrastructure to the City, County, or other local government entity to the extent such conveyance of land or provision of public infrastructure exceeds the impacts created by the Development of the Real Property, and provided the City, County, or other governmental entity assesses impact fees for such infrastructure now or in the future. ARTICLE IV ENFORCED DELAY DEFAULT REMEDIES AND TERMINATION Section 4.1. Enforcement as Permitted by Statute. This Agreement is enforceable by any party to this Agreement. Parties to this Agreement, and their successors, heirs, assigns and any Developer shall enforce this Agreement as provided in Section 5.3. Section 4.2. Institution of Legal Action. In addition to any other rights or remedies, any party hereto, or their successors and assigns, may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, or to enjoin any threatened or attempted violation thereof; to recover damages for any default; or to obtain any remedies consistent with the purpose of this Agreement. This Agreement and each provision hereof section shall not be interpreted as a pledge of ad valorem tax or other revenues. Parties to this Agreement, and their successors, heirs, and assigns, shall enforce this Agreement as provided in Section 5.3. Section 4.3. Enforcement by any Party to this Agreement. (a) Notice of Default: Right to Cure. In the event of default by any party to this Agreement, or said party's heirs, successors and assigns, with regard to this Agreement or of any of its terms or conditions, the party alleging such default or breach shall give the breaching party not less than sixty (60) days' Notice of Default in writing in the manner provided for giving notice as set forth in Section 7.5. The time of notice shall be measured from the date of certified mailing. The Notice -of Default shall specify the nature of the alleged default, and, where appropriate, the manner and period of time in which said default may be satisfactorily cured. During any period for curing the default, the party charged shall not be considered in default for the purposes of termination or institution of legal proceedings. If the default is cured, then no default shall exist, and the noticing party shall take no further action. (b) Option to Institute Legal Proceedings. After proper notice and the expiration of said period to cure default, the noticing party to this Agreement, at its option, may institute a legal proceeding, if the default has not been cured. (c) Waiver. Failure or delay in giving Notice of Default or seeking enforcement of this Agreement shall not constitute a waiver of any default. Except as otherwise expressly provided in this Agreement, any failure or delay by another party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. Sebastian/Annexation 15.Agt Final Draft Clean 01!19/2023 17 23 of300 M Violation. In the event of violation of this Agreement by the Owner, the Developer, or any of their heirs, successors or assigns, the City shall have the right to refuse to issue further building permits, Final Development Orders, or certificates of occupancy or certificates of completion, all as the case may be, limited as to that phase of Development, or Plat of that phase of the Development where the violation is applicable, all until such time and event as all such violation(s) are corrected and that phase of Development of the Real Property is brought into compliance with this Agreement, applicable law, ordinances, resolutions, and the Land Development Code. The City shall be required to notice the violator with a notice of the nature of the violation and afford a reasonable period to cure the violation(s) before withholding building permits, Final Development Orders, or certificates of occupancy or certificates of completion relating to the phase of Development and not to the violation itself. The City is authorized by this Agreement to use any form of code enforcement to assure conformance with this Agreement. ARTICLE V ENCUMBRANCES AND RELEASES ON REAL PROPERTY Section 5.1. Discretion to Encumber. The parties hereto agree that this Agreement shall not prevent or limit the Owner or a Developer in any manner at said individual's sole discretion, from encumbering the Real Property or any portion of any improvement thereon by any mortgage or other security device securing financing with respect to the same; provided, that said mortgage or other security device shall be released or satisfied as to said property prior to or simultaneous with its conveyance or dedication to the City or an incorporated property owner's, homeowner's or condominium association. The City acknowledges that the lenders' providing such financing may require certain modifications and the City agrees, upon request, from time to time, to meet with the Owner or a Developer and/or representatives of such lenders to negotiate in good faith any such request for modification; provided, that this Agreement shall not require the City's acquiescence to any action or resolution of a dispute or claim. Any mortgages or beneficiaries of a security instrument shall be entitled to the rights and privileges set forth in this article. Section 5.2. Entitlement to Written Notice of Default. The holder of a mortgage or other security interest, and their successors and assigns, encumbering the Real Property, or any part thereof, which individual, successor or assign, has requested in writing to the City, shall be entitled to receive written notification from the City of any default by Owner or a Developer in the performance of said individual's obligations under this Agreement which obligations are not cured within thirty (30) days; provided, that the failure to give said notice shall not waive any default of, or action to enforce, this Agreement by the City. Section 5.3. Property Subiect to Pro Rata Claims. Any mortgagee or holder of a security interest who comes into possession of the Real Property, or any part thereof, pursuant to foreclosure of mortgages or other security interest or deed in lieu of such foreclosure, shall take or foreclose upon the Real Property, or any part thereof, subject to this Agreement and to any pro rata claims for payments or charges by the City against the Real Property, or any part thereof, secured by such mortgage or other security device which accrued prior to the time such mortgage or holder of a security interest comes into possession of the Real Property or part thereof. Section 5.4. Release. The City hereby covenants and agrees that upon payment of all fees required under this Agreement with respect to the Real Property, or any portion thereof, and performance of obligations relating thereto (including completion of performance of continuing obligations), by the Owner upon request by the Owner, the City shall consider execution and delivery to Clerk of the Court of any appropriate release(s) of further obligations as to a particular and affected portion of the Real Property in form and substance acceptable to the Clerk of the Court, or as may otherwise be necessary to effect such release; provided, that the foregoing provision shall not require the City to release any provision of this Agreement from use, density, Intensity, type of Development, or other requirements of this Agreement. This section shall not be terminated upon the termination or release of this Agreement with regard to any portion of the Real Property. Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 18 24 of301 ARTICLE VI MISCELLANEOUS PROVISIONS Section 6.1. Drafters of Agreement. The Owner, for itself, or their heirs, successors, and any Developers, and the City, each were represented by or afforded the opportunity for representation by legal counsel and participated in the drafting of this Agreement and in the choice of wording hereof. Consequently, no provision hereof should be more strongly construed against any party as drafter of this Agreement. Should any action be brought in any court of competent jurisdiction by any of the parties to this Agreement, including the Owner or a Developer, or its of their respective successors, assigns, or heirs, each party shall bear its own attorney's and paralegal's fees and costs in connection with such litigation or an appeal any such litigation decision. Section 6.2. Covenants Running With the Land. It is the intention of the Owner of the Real Property and the City, that this Agreement shall constitute covenants running with the land and with title to the Real Property, or as equitable servitudes upon the land, as the case may be. The burdens of this Agreement shall bind and the benefits of this Agreement shall inure to, the parties hereto and all successors in interest to the parties to this Agreement. Such covenants shall expire upon termination of this Agreement. Section 6.3. Conveyance. The Owner shall give to the City written notice at least sixty (60) days prior to the sale, assignment or transfer of the Real Property or any portion of the Real Property consisting of at least two (2) acres or more. Dedication, assignment, sale, or conveyancing of a portion of the Real Property to the City shall constitute the sale, assignment or transfer of a portion of the Real Property, Section 6.4. Indemnification. The Owner and its successors in interest in ownership of any portion of the Real Property ("Subsequent Owners"), shall jointly indemnify, defend and hold harmless the City, and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, Including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Owner or Subsequent Owners in the performance of this Agreement; regardless of the negligence of its indemnitee, officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the City indemnitee or its officers, directors, agents or employees. Upon request of the City, the Owner or Subsequent Owners, indemnitees, jointly and severally, shall, at no cost or expense to the City, indemnify and hold the City harmless of any suit asserting a claim for any loss, damage or liability specified above, and the Owner or Subsequent Owners jointly and severally, indemnitees, shall pay any cost and reasonable attorneys' fees that may be incurred by the City in connection with any such claim or suit or in enforcing the indemnity granted above. The Owner or Subsequent Owners shall jointly and severally hold harmless and indemnify the City for all costs, attorneys' fees and paralegal fees incurred by the City in defending itself In any action by a third party challenging the validity of this Agreement or the City's liability for actions or omissions to act of the Owner or Subsequent Owners relating to Development of the Real Property; provided, said actions or omissions did not occur because of orders made specifically to the Owner or Subsequent Owners. As used herein, reference to attorney's fees or paralegal's fee shall apply to both trial and any appeal and to any negotiation of settlement of claims relating to this Agreement or any annexation. As part of the indemnification, the City shall have its choice of its legal counsel for representation. Nothing in this agreement shall be construed as the City waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This section shall survive the termination of this agreement. Section 6.5. Notices. All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered in person or dispatched by certified U.S. mail, postage prepaid, return receipt requested or by a nationally recognized overnight courier (e.g. — Federal Express, United States Postal Service, United Parcel Service, etc.). Notice required to be given shall be addressed as follows: Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 19 25 of302 CITY: City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 With a copy to: City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 OWNER: Jeff Bass, President Graves Brothers Company 2770 Indian River Blvd. — Suite 201 Vero Beach, FL 32960-4230 Notice is presumed to have been given on the date hand delivered, 24 hours after deposit with a recognized overnight courier, or five (5) days after deposited in the U.S. mail. A party may unilaterally change its address or addressee by giving notice in writing to the other party as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address and/or addressee. Section 6.6. Applicability of Ordinances and Resolutions of City to Agreement. (a) The ordinances, resolutions, and Land Development Code of the City, as amended from time to time, governing the Development of the Real Property shall continue to govern the Development of the Real Property, except as otherwise provided herein. At the termination of this Agreement or termination of this Agreement as to a portion of the Real Property, all then existing codes shall become applicable to the Development of the Real Property. Except as otherwise specifically set forth herein, no fee (including the existence or lack thereof), fee structure, amount computation method or fee amount, including any Impact Fees, then in existence or hereafter imposed, shall be vested by virtue of this Agreement. (b) In the event that state or federal laws are enacted after the approval, effectiveness, or execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this Agreement, such Agreement may be modified or revoked as is necessary to comply with the relevant state or federal laws. The City shall cooperate with the Owner in the securing of any permits which may be required as a result of such modifications. Section 6.7. Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, and "may" is permissive. If there is more than one signer of this Agreement their obligations are joint and several. The time limits set forth in this Agreement may be extended by mutual consent of the parties in accordance with the procedures for adoption of an agreement. If for any reason a specific provision herein conflicts with a City Land Development Code, in effect at the time of issuance of a Final Development Order applicable to a portion of the Real Property, the specific provision herein shall prevail. Use of the term "Owner" or "Developer" means and refers to the Owner and/or the Developer, their successors, heirs, assigns, of any portion of or all of the Real Property. Section 6.8. Severability. The parties hereto agree that the provisions of this Agreement are severable. If any provision of this Agreement is held invalid or unconstitutional for any reason, the remainder of this Agreement shall be effective and shall remain in full force and effect, unless amended or modified by mutual consent of the parties. Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 20 26o'303 Section 6.9. Entire Agreement, Waivers, and Amendments. (a) This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiation or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers or releases of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party waiving or releasing the provisions hereof or performance hereunder. (b) All amendments hereto must be in writing signed by the appropriate authorities in a form suitable for recording in the Public Records of Indian River County. (c) The Owner hereby agrees to pay for any costs of recordation or filing of this Agreement, or any amendment hereto, in the Public Records of Indian River County, Florida, or with the State of Florida, Department of Economic Opportunity. The recorded original of this Agreement or any amendment hereto, shall be returned to the City for filing in its records to be kept with the City Clerk. Section 6.10. Interoretation: Venue. (a) With regard to any lawsuit against the City, the County, the Owner, or the Developer of any portion of the Real Property, this Agreement is subject to the home venue provision. The exclusive jurisdiction and venue for litigation surrounding this Agreement or its validity shall be properly located in the 19th judicial circuit of the State of Florida in and for Indian River County or the U.S. District Court, Southern District of Florida, in and for Indian River County, all as said jurisdiction boundaries may be amended from time to time. (b) This section shall survive the termination of all or part of this Agreement. Section 6.11. Termination of Previous Annexation Agreement; Previous Understandings. (a) The Annexation Agreement between the Owner and the City recorded on August 29, 2019, in Official Records Book 3234, Page 1731, Public Records of Indian River County, Florida, be and the same is hereby terminated. (b) All previous understandings, whether oral or in writing prior to the Effective Date of this Agreement, be and the same are hereby declared to be of no effect. Section 6.12. Effective Date; Duration of Agreement. (a) The Effective Date shall be the date upon which this Agreement has approved and executed by the Owner of the Real Property and the City and recorded in the Public Records of Indian River County, Florida. The Effective Date of any amendment to this Agreement shall be the date upon which said amendment to this Agreement has approved and executed by the Owner of the portion of the Real Property subject to the amendment and by the City and recorded in the Public Records of Indian River County, Florida. Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 21 270f304 NOTHING FURTHER IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. Signed, sealed and delivered In the presence of: OWNER: Sign: GRAVES BROTHERS COMPANY, Print Name: a Florida Corporation Address: Sign: Print Name: Address: STATE OF FLORIDA COUNTY OF INDIAN RIVER By: Jeff E. Bass, its President Address: 2770 Indian River Blvd. — Suite 201, Vero Beach, FL 32960-4230 (CORPORATE SEAL) SS: The foregoing instrument was acknowledged before me by means of physical presence or _ online notarization, this day of , 2022, by Jeff E. Bass, as President of Graves Brothers Company, a Florida Corporation, on behalf of the corporation. He is personally known to me or has produced as identification, irge ires: 01/19/2023 28o'105 Sign Print Name: Address: Sign Print Name: Address: ATTEST: Jeanette Williams, MMC City Clerk STATE OF FLORIDA ) SS: COUNTY OF INDIAN RIVER ) CITY: CITY OF SEBASTIAN, a Florida Municipal Corporation By: Paul E. Carlisle, its City Manager Address: 1225 Main Street Sebastian, FL 32958 (CITY SEAL) The foregoing instrument was acknowledged before me by means of — physical presence, or _ online notarization, this _ day of , 2022, by Paul E. Carlisle, as City Manager of the City of Sebastian, Florida, a Florida municipal corporation, on behalf of the corporation. He is personally known to me or has produced as identification. Notary Public State of Florida at Large My Commission Expires: Print Name: Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 23 29o'906 A Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney TO: FROM: DATE: SUBJECT: 138 Attorney Matters - B. C. C 01. 31.23 Office of INDIAN RIVER COUNTY MEMORANDUM Board of County Commissioners Dylan Reingold, County Attorney January 23, 2023 2023 Committees Vacancies and Appointments ATTORNEY On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of annual appointments and reappointments. Pursuant to this process, on November 22, 2022, the Board reappointed a significant number of incumbent committee members to another term. On January 17th, the Board approved several appointments but requested that the Beach and Shore Preservation Advisory Committee be reviewed on January 31" This agenda item is to consider appointment of new applicant(s) to the Beach and Shore Preservation Advisory Committee. Beach and Shore Preservation Advisory Committee (BSPAC) — There are two (2) vacancies for the "BCC Appointee" • James W. Boeckman • Kevin Borwick • Bob Bruce • Dawn M. Carboni • Shelby L Graziani • Michael T. Korpar • John R. Lehnhardt • Michael W. Sole RECOMMENDATION The County Attorney recommends that the Board review the applicants' resumes and applications, and determine whether which applicants to appoint for the Beach and Shore Preservation Advisory Committee. ATTACHMENT Updated 2023 Committee Vacancy List C.IGraWcuslLegWarALSITempl5d1c181"a77dcjd-9119-35d18eaa6376.docx 310 COMMITTEE VACANCIES • BEACH & SHORES PRESERVATION ADVISORY COMMITTEE — 2 -year term, unless otherwise noted o BCC Appointee o BCC Appointee • CHILDREN SERVICES ADVISORY COMMITTEE - 4 Year (Staggered) Terms — County Residency Requirement o District 3 Appointee • COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN ADVISORY TASK FORCE — 4 -year term, unless otherwise noted o Citizen of Indian River County (low to moderate income level) o Citizen of Indian River County (low to moderate income level) • CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS — 3 -year term, unless otherwise noted o Mechanical Contractor • ECONOMIC DEVELOPMENT COUNCIL — 4 -year term, unless otherwise noted o Healthcare Industry Representative • PUBLIC SAFETY COORDINATING COUNCIL — 4 -year term, unless otherwise noted o Representative from county/state jobs program or other community groups who work with offenders and victims Updated 013tl January 31, 2023 ITEM 14.A. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 24, 2023 SUBJECT: Proposed Cover Letter and Revised Beach Renourishment Project Easement FROM: Joseph H. Earman Commissioner, District 3 Backaround Sector 7 beach renourishment continues to be a significant issue due to a lack of signed beach renourishment easements equating to 90% of the overall project area. At the November 15, 2022, BCC meeting, I proposed a revised version of the easement based on a previously -used IRC easement from 2009, with the hope of gaining enough additional signatures to allow the Sector 7 project to move forward. County Attorney Reingold stated that the primary difference between my proposed easement and the one Coastal Engineering Division has been asking Sector 7 residents to sign for the last two years was the removal of the broader customary -use language replaced by the reference to Section 161.141, Florida Statutes. My proposed easement also removes any explicit references to the perpetuity of the document. The Board approved taking the revised easement to the Beach and Shore Preservation Advisory Committee (BSPAC) for review and approval, and then bringing it back at a future BCC meeting. On November 21st, the BSPAC recommended the revised easement to the BCC for approval and future use. Discussion Based on the advice of Sector 7 community leaders, we hope to reach 90% approval with these changes. Funding There is no funding associated with this proposal. Proposed Course of Action Allow Coastal Engineering Division to circulate the proposed cover letter and revised document to Sector 7 beachfront residents so that staff may formally secure and record more signed easements. Attachments Proposed Cover Letter and Revised Easement Document 312 BOARD OF CO UNTY COMMISSIONERS `, ER Joseph Earman Chairman District 3 Z r. Susan Adams Vice Chair District 1 FLt)Rtp �f January 15, 2023 Dear , Joseph E. Flescher District 2 Deryl Loar District 4 Laura Moss District 5 I'm Joe Earman, Chairman of your Board of County Commissioners and the Board's liaison to the Beach and Shore Preservation Advisory Committee. Since 2018, county staff and project consultants have been actively designing, monitoring and permitting the Sector 7 Beach and Dune Restoration Project, as well as obtaining the easements necessary for the project to be deemed viable, cost effective, and constructible. In order for us to move forward on this renourishment project, specifically the stretch of beach between Treasure Cove subdivision in the north down to the Floralton Beach subdivision in the south ("Sector 7"), we've set a goal of 90% of landholders agreeing to the proposed easement. However, a sizable number of residents, for different reasons, have rejected the wording of that document and elected not to give their approval. As your commissioner, I fully respect your right to act in your own best interests. However, recent storms — particularly Hurricanes Ian and Nicole — have inflicted significant damage to our beaches and reemphasized the need for us to work together as a community to renourish our beaches in a coordinated fashion, with the assistance of state and federal government entities. Toward this goal, I've engaged with county staff, interested citizens, and my fellow commissioners to reword the easement document and address the feedback we've received; specifically, we've removed the broader "customary use" language and the explicit perpetuity in the previous easement version. I would respectfully request that you sit down with those you trust, give the new document a fresh look, and see if we've hit the mark this time. I want to be very clear that there's no desire or intention on the part of Indian River County to change anything about the beachfront you enjoy or the ways you enjoy it. We only wish to protect this great natural resource for ours and future generations, and for all the sea life who share it with us. While I don't want to rush your thought process, please take note that we need a reply from you no later than March 17, 2023, so we can be complete all the preparatory steps in advance of construction starting on November 1, 2023, after the end of sea turtle nesting season. Should you have any questions for me or the county staff, please call my office at 772-226-1919 and I will get back to you just as soon as I can. I look forward to hearing from you. Sincerely Joseph H. Earman, Chairman Commissioner, District 3 313 BEACH RESTORATION EASEMENT in accordance with the Indian River County Beach Restoration Plan This BEACH RESTORATION EASEMENT ('Basement"), made and executed this day of 20 by Whose address is: hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE, In consideration of the sum of one dollar ($1.00) and other valuable considerations, receipt of which is acknowledged, Grantor grants to Grantee, its agents, successors and assigns, a beach restoration easement and right-of-way in, on, over and across the land described in Schedule "A" for use by the Board of County Commissioners of Indian River County, Florida ("County"), its representatives, agents, contractors, and assigns, to construct, preserve; patrol; operate; maintain; repair; rehabilitate; and replace; a public beach and dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, including the right to deposit sand and to plant and maintain native vegetation in accordance with the Indian River County Beach Preservation Plan; To protect and monitor nesting marine turtles and hatchlings from the adverse effects of anthropogenic activity as required by the Florida Fish and Wildlife Conservation Commission Marine Turtle Permit issued to the County and the County Habitat Conservation Plan to provide for overall improvement in nesting habitat and to increase successful nesting activities and production of hatchlings on the beaches located in the state of Florida; To move; temporarily store and remove equipment and supplies; to erect and remove temporary structures (as used herein, the words "Temporary structures" does not include buildings of any kind); and to perform any other work necessary and incident to the construction. All areas within the Easement Premises disturbed by the Grantee or its agents in accomplishing the within -stated purpose will be restored to a state comparable to that which existed at the commencement of such construction. Grantor shall retain the right to construct one or more dune crossovers, provided all applicable federal, state, and local permits and approvals for any such crossovers are obtained. None of the above shall abridge or expand the rights set forth in Section 161.141, Florida Statutes. The covenants, rights, restrictions, reservations, and Easement herein set forth are and shall run with the land. 314 IN WITNESS WHEREOF, Grantor has herein set its hand and seal the day and year written above. Signature: _ Printed Name: Witness Signature Printed Name Witness Signature Printed Name Notary Insert: STATE OF FLORIDA COUNTY OF INDIAN RIVER (Grantor) The foregoing instrument was acknowledged before me this day of 20_ by , and he/she/they/ are personally, known to me or produced Sign: Notary Public Printed Name & Commission # as identification. 315 f663 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: January 18, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Amendment No. 1 to Agreement between SWDD and KCI for Franchise Collection Procurement Assistance Descriptions and Conditions: On November 15, 2022, the Solid Waste Disposal District (SWDD) entered into an Agreement with Kessler Consulting, Inc. (KCI) to provide Franchise Collection Procurement Assistance for $119,850. Also, KCI, under separate authorization, has performed a Tipping Fee Analysis, a Waste Generation Study, and a non -ad valorem Rate Study for SWDD. The purpose of this agenda item is to have KCI present the findings of the Waste Generation Study and how it impacts the Rate Study. In addition, an Amendment No. 1 to the Agreement is requested to complete the Rate Study. Analysis: The attached Amendment No. 1 to the Agreement between SWDD and KCI includes the addition of Task 6 to provide additional analysis of rate study variables including the costs of the future collection contract as well as providing presentations and other information as needed to assist in acceptance of the rate study's results and objectives. These additional services will be provided on a time -and -material basis. TASK I DESCRIPTION AMOUNT Task 6 1 Procurement and Generation / Rate Study Analysis $20,000 TOTAL = $20,000 Upon approval of this amendment, the total cost of the Agreement would increase to $139,850. Funding: Funding for the additional $20,000 for the amendment to this project is budgeted and available in the SWDD/Landfill/Other Professional Services account, number 41121734-033190. This is funded from SWDD assessments and user fees. SWDD Agenda - Amendment No. 1 to Agreement between SWDD and KCI for Franchise Page 1Vo Collection Procurement Assistance SWDD Item Description IIIAccount Number Amount SWDD/Landfill/ Other Professional Services 1 41121734-033190 $20,000 Recommendation: Solid Waste Disposal District staff recommends that the Board approve the Amendment No. 1 to Agreement, and authorize the Chairman to sign it after review and approval by the County Attorney as to form and legal sufficiency. Attachments: 1. Amendment No. 1 to Agreement with SWDD and KCI SWDD Agenda - Amendment No. 1 to Agreement between SWDD and KCI for Franchise Page 2�f.�, Collection Procurement Assistance / Amendment No. 1 to Agreement This Amendment No. 1 to Agreement for Consulting Services ("Agreement"), is entered into as of this 31St day of January 2023, by and between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT (SWDD), a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called SWDD) and Kessler Consulting, Inc. (hereinafter called CONSULTANT). SWDD and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: BACKGROUND RECITALS A. SWDD has requested the services of CONSULTANT for Franchise Collection Procurement Assistance. B. Whereas, on November 15, 2022, the SWDD Board approved the Agreement to the CONSULTANT for the Franchise Collection Procurement Assistance per scope of work dated October, 28, 2022 in the total amount of $119,850. C. Whereas, SWDD and CONSULTANT wish to under Amendment No. 1 engage in additional Scope of Work for the services as follows and summarized in the following table. Pursuant to the agreement between SWDD and CONSULTANT, which allows for Additional Technical Services which includes "Modifications or adjustments to the Generation and Rate Study models" this change request is intended to provide additional services to SWDD in providing additional analysis of rate study variables including the costs of the new collection contract as well as providing presentations and other information as needed to assist in acceptance of the rate study's results and objectives. These additional services will be provided on a time -and -material basis. TASK I DESCRIPTION AMOUNT Task 6 i Procurement and Generation/ Rate Study Analysis $20,000 TOTAL = $20,000 D. The CONSULTANT is willing and able to perform the Services for SWDD on the terms and conditions set forth below; and E. SWDD 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: SWDD OBLIGATIONS 1. SWDD shall provide all available information requested by CONSULTANT in a reasonable amount of time. 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 SWDD and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. ON CONSULTANT RESPONSIBILITIES 1. The CONSULTANT agrees to perform all necessary Services in connection with the work. 2. The CONSULTANT will endeavor not to duplicate any previous work completed. 3. The CONSULTANT agrees to complete the Project within the time frame specified in Exhibit A. 4. The CONSULTANT will maintain an adequate staff of qualified personnel. 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. 6. The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of SWDD. 7. 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. TERM; DURATION OF AGREEMENT This Agreement shall commence on November 15, 2022, and remain in full force and effect until September 30, 2025. COMPENSATION AND PAYMENT 1. SWDD shall pay CONSULTANT for completion of work, at the prices stated in Exhibit A. Invoices shall be prepared and submitted monthly. 2. All payments for services shall be made to the CONSULTANT by SWDD, in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). Y i d!],TA II `iriTr 1. 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, SWDD shall pay all fees due and expenses incurred for Services rendered through the date of termination. 2. In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents prepared by the CONSULTANT for SWDD in connection with this Agreement. 3. 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. SWDD 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. MISCELLANEOUS 1. CONSULTANT shall indemnify and hold harmless the SWDD, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the 2 319 extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of the Work. 2. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon SWDD and CONSULTANT, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 3. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdictioh,An the United States District Court for the Southern District of Florida. 4. Indian River County SWDD 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 SWDD to perform the service. (2) Upon request from the SWDD's Custodian of Public Records, provide the SWDD 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 SWDD. (4) Upon completion of the contract, transfer, at no cost, to the SWDD all public records in possession of the CONSULTANT or keep and maintain public records required by SWDD to perform the service. If the CONSULTANT transfers all public records to SWDD 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 electronically must be provided to SWDD, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of SWDD. 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 1801271h Street Vero Beach, FL 32960 (5) Failure of the CONSULTANT to comply with these requirements shall be a material breach of this Agreement. 3 320 IN WITNESS WHEREOF, SWDD and CONSULTANT have signed this Agreement in duplicate. One counterpart each has been delivered to SWDD and CONSULTANT. All portions of the Contract Documents have been signed or identified by SWDD and CONSULTANT or on their behalf. INDIAN RIVER COUNTY SWDD: CONSULTANT: By: Joseph H. Earman, Chairman By: Michael C. Zito, Interim County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Himanshu Mehta, Managing Director 132574 th Ave SW Vero Beach, FL 32968 (772) 226-3211 hmehta@ircgov.com By: Mitch Kessler, President, Kessler Consulting, Inc. (CORPORATE SEAL) Attest Designated Representative: Mitch Kessler, President 14620 N. Nebraska Ave, Building D Tampa, FL 33613 (813) 971-8333 mk@kesconsult.com (If CONSULTANT is a corporation or a partnership, attach evidence of authority to sign.) 4 321 Item 15.13.3. 1/31/2023 1. SWDD Assessment Background 2. History of WGUs 3. Analysis 4. Methodology 5. Findings 1. Residential WGUs 2. Commercial WGUs 3. Revenue Impacts kessler consulting inc. „owAure+��mn,r �. z 1 Item 15.13.3. 1/31/2023 Enterprise Fund — Property Assessments ✓ SWDD charges all properties an assessment based upon estimated waste generation per year multiplied by a fee for solid waste, and another for recycling. ✓The Waste Generation Units (WGUs) were put into place in 1995 and have not been updated since. Q kessler consulting inc. mnovm.-ewmesow�s 2 Item 15.6.3. 1/31/2023 ✓KCI was engaged in 2021 to implement a methodology to verify WGUs based upon new data trends, or suggest new ones based upon results, and determine their impacts on SWDD Operations and Finances. ✓SWDD requested documented generation estimates that were defensible and utilized data directly from customer sources. kessler consulting inc. ---6-1 s • To meet SWDD's expectations, KCI developed a split methodology for various property types. • Residential: • Using Scalehouse data (truck weight) from residential collection and recycling vehicles, averaged over the properties serviced, determine an average generation per property per year. • Commercial: • With the assistance of the County's collection provider, WMIF, implement on -truck scales for appropriate routes to gather per -lift data for representative sample properties in the County. • Roll -Off: Using Scalehouse data from roll -offs for specific commercial properties, determine generation annually. This methodology was not able to be implemented, and thereby revisions to these types of generation rates were not recommended. kessler consulting inc. w.w•� 6 3 Item 15.6.3. 1/31/2023 • Gather data from these data sources for a minimum of six months to have sufficient data points, and to cover any seasonality impacts to various properties. • KCI began collecting data in October 2021, with an expected end date in April 2022. This was extended due to equipment issues and multiple weeks where data was unavailable. • Data was then collected further into the year and ending in July 2022 to fulfill expected data collection needs for the project. kessler consulting inc. KCl gathered data from each data source and developed a Microsoft Excel model that analyzed almost 50,000 specific data points over the course of the project. These data points included Scalehouse data downloads on a weekly basis, on -board scale data points that were calculated during routes and then downloaded daily, and route and operational data from WMIF that was submitted weekly. kessler consulting inc. w�rnarioe waste sduNuns Ga Item 15.6.3. 1/31/2023 ✓ Using the data gathered through this exercise, KCI was able to develop a model to provide weighted averages within confidence intervals for multiple property types, most especially those with the largest number of properties designated to them. ✓ Overall, most properties, including residential, have a lower annual generation rate than what was determined in 1995. Meaning that less material is being processed by SWDD that is being generated by County properties, and a shift in the revenue generation for operations of the landfill and other facilities, should be considered. ✓ Some particular commercial entities though have shown an increase in their generation rates based upon the data collected. kessler consulting inc. M�a�w,eaw�,ns 5 `® Stores (One Story-`= b.40 100Sq. Ft. ®Mixed Use (Store withOffice and%or = 0.30 100 Sq. Ft. Residential) Supermarkets =1.40 100 Sq. Ft. ® Office Building, Non -Professional Services 0.20 100 Sq. Ft. ®Office Building, Non -Professional Service 0.20 100 Sq. Ft. (Multi -Story) Professional services Restaurants d 0.25 100 Sq. Ft. Restaurants or Cafeteria 1.40 100 Sq. Ft. . „ , �. ®' Light Manufacture, Small Machine Shop, , 0 5 100 Sq. Ft. Printing Plant �` q Warehousing = X0.30 100 Sq. Ft. lj • Open Storage, EtC ` sY \ 0.20 100 Sq. Ft. kessler consulting inc. ® Institutional: Churche . ;x.14 100 Sq. Ft. i Per dwelling unit © Residential U`< F $135.62 $118.66 ($16.95) ; 13 Per 1,000 sq.ft. building i 238.20 $190.56 ($47.64) ti -20 ® Mixed Use (Store with Office and/or Residential " $238.20 $142.92 ($95.28) -40°f Supermarkets;. $619.32 $666.96 $47.64 8% Office Building, Non -Prof. Svcs. ,,,$95.28 $95.28 $0.00 0% Office Building, Non -Prof. Svcs. Multi-StorY $95.28 $95.28 $0.00 0% Professional Services Buildings $119.10 $119.10 $0.00 0% Restaurants or Cafeteria $333.48 $666.96 $333.48 400% Light Manuf., Small Machine Shop, Printing Plant $190.56 $238.20 $47.64 25% Warehousing y $95.28 $142.92 $47.64 50% Open Storage, Etc r $95.28 $95.28 $0.00 0% _ Inst�tuUonal: Churche,$66.70 $66.70 $0.00 *Based u on FY22 AssessmentRates of $47.64 for Base p er consulting inc. Rate and $37.12 for Recycling,` .., eeem o,. .. iz M Item 15.6.3. 1/31/2023 F 30,000,000.00 _ fi __ 25,000,000.00 -...1 ............... .-:.......... 1 20,000,000.00 _. ,.....; -- -_i .......... _ 1 15,000,000.00 U.: 10,000,000.00 1 1 5,000,000.00 _.._ 1 FY22 1 FY23 FY 2024' FY 2025 FY 2026 1 FY. 2027 ■ CWGUs 19,322,272.53 21,130,486.89 22,105,537.00 23132,546 81 i 24 214 472.37 ! : 25,354,447-23. ■Proposed WGi Us19,322,272.53 21130,4$6.89 20,872;508.25 21,829,344 01 22,836,933.$2:-i:. 23 898152:10 1 _..... _ .....- ------_— --_.._............., �r M Current WGUs ■ Proposed WGUs *Based upon a Rate increase of 5% per year baseline and __ _ C " implementing new WGUs in FY 2024. ` -'�= _— Each year is a reduction of roughly 6% of total revenue. kessler consulting inc. 14 Item 15.6.3. 1/31/2023 ✓Implement Generation Rate Changes immediately or over time? ✓Review and recommend revisions to Tipping Fee Charges from other generation sources ✓Review needed infrastructure improvements for SWDD kessler consulting inc. SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: January 18, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Nineteenth Amendment to Republic Services Descriptions and Conditions: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance Agreement (Agreement) with Republic Services of Florida, Limited Partnership (Republic Services). The agreement covers the operation and maintenance (0&M) of the county's Class 1 Landfill as well as non -Class 1 Landfill services, which includes O&M of the landfill gas system. Per a contract extension by the SWDD Board on February 21, 2017, the Agreement is valid through December 31, 2024. Furthermore, the SWDD Board approved a Consumer Price Index (CPI) increase on July 5, 2022, thereby increasing the contract price for January 1, 2023, through December 31, 2023 to $3,407,675.18. Republic Services contracts out the operations and maintenance of the landfill gas system and recently provided the attached proposal from their subcontractor, SCS Field Services (SCS), to cover the landfill gas services from January 2023 through December 2023. The proposed nineteenth (19) amendment to the Agreement includes an increase due to a rise in their subcontractor costs. In addition, as the landfill grows in volume, there are some gas wells that will need to be extended above the waste in order to continue to be useful. Therefore, costs have been included to increase two vertical wells and eight slide slope collectors as well as some cost for replacement parts and materials. Staff is recommending approval of the attached Nineteenth Amendment to Republic Services to provide these additional services. SWDD Agenda - Nineteenth Amendment to Republic Services Page 1 of 3 322 SWDD Item Analysis: Republic Services has provided a proposal from their subcontractor, SCS Field Services, for the additional O&M services from January 2023 through December 2023. These costs are summarized in Table 1: Table 1. 2022/2023 Annual O&M Cost Comparison Description 2022 Cost 2023 Cost Annual Adjustment Task 1— Flare Operation, Wellfield Operation and $65,800 $72,000 $ 6,200 Weekly GHG Monitoring Task 2 — Reporting $18,000 $25,920 $ 7,920 Task 3 — Liquid Level Monitoring and Reporting $5,500 $5,500 $ 0 Task 4 — Condensate Sump and Dewatering $36,000 $36,000 $ 0 Pump Maintenance Task 5 - Flare Station Blower Lubrication/Check $5,000 $5,000 $ 0 Valve Inspection/Flow Straightener Inspection Task 6 - Air Compressor Preventative $10,000 $15,000 $ 5,000 Maintenance (April through December) Task 8 — Flow Meter Calibration $6,500 $6,500 $ 0 Task 9 — Landfill Gas Analysis $6,200 $6,200 $ 0 Total 2023 Increase $19,120 Adding the 15% management fee to Republic Services results in a total cost increase of $21,988, or $1832.33 per month, for the period of January 1, 2023, through December 31, 2023. In addition to the O&M Services for Calendar Year (CY) 2023, there are two vertical well extensions and eight side slope collector extensions that are required as well some additional replacement parts and materials. SCS has provided the costs for these on a time and materials basis to not exceed $48,660. Adding the 15% management fee to Republic Services results in a total cost of $55,959. Adding in the O&M cost increase, the total annual increase is $77,947. The overall payment for CY2023 Non -Class 1 Landfill services shall be adjusted from the current $3,407,675.18 per year (or $283,972.93 per month) to $3,485,622.18 per year (or $290,468.52 per month). Funding: Funding for the SWDD non -Class 1 Landfill services is budgeted and currently available in the SWDD/CC & Recycling/Contractual Services account, number 41125534-033489, which is funded from SWDD assessments and user fees. The approved total increase of $77,947 is within the allotted budget for Fiscal Year (FY) 2022/2023. SWDD Agenda - Nineteenth Amendment to Republic Services Page 2 of 3 323 SWDD Item Account Name Account Number Amount SWDD/CC & Recycling/Contractual Services 41125534-033489 $77,947 Recommendation: Solid Waste Disposal District staff recommends that its Board approve the Nineteenth Amendment to Republic Services landfill contract for the additional landfill gas operation and maintenance services; and authorize the Chairman to execute the agreement. Attachment: 1) Nineteenth Amendment to Republic Services 2) SCS Field Services Proposal SWDD Agenda - Nineteenth Amendment to Republic Services Page 3 of 3 324 NINETEENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE THIS NINETEENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Fourteenth Amendment") is entered into as of the _ day of January, 2023 by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, whose address is 1801 27th Street, Vero Beach, Florida (hereinafter referred to as the "District" or "SWDD"), and Republic Services of Florida, Limited Partnership, whose address is 3905 Oslo Road, Vero Beach, Florida 32968 (the "Contractor"). RECITALS WHEREAS, on January 1, 2011, SWDD and Contractor entered into that certain Contract Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid Waste Operations and Maintenance, as amended by the First Amendment to Contract Agreement, dated February 7, 2012; the Second Amendment to Contract Agreement, dated April 2, 2013; the Third Amendment to Contract Agreement, dated November 12, 2013; the Fourth Amendment to Contract Agreement, dated July 8, 2014; the Fifth Amendment to Contract Agreement, dated November 4, 2014; the Sixth Amendment to Contract Agreement, dated January 20, 2015; the Seventh Amendment to Contract Agreement, dated May 17, 2016; the Eight Amendment to Contract Agreement, dated December 15, 2016; the Ninth Amendment and Extension to Contract Agreement, dated February 21, 2017; the Tenth Amendment to Contract Agreement, dated September 12, 2017; the Eleventh Amendment to Contract Agreement, dated September 18, 2018; the Twelfth Amendment to Contract Agreement, dated September 10, 2019; and the Thirteenth Amendment to Contract Agreement, dated March 3, 2020; and the Fourteenth Amendment to Contract Agreement, dated July 14, 2020; and the Fifteenth Amendment to Contract Agreement, dated February 16, 2021; the Sixteenth Amendment to Contract Agreement, dated February 1, 2022; Seventeenth Amendment to Contract Agreement, dated April 5, 2022; and Eighteenth Amendment to Contract Agreement, dated October 18, 2022 (the "Contract") for the Contractor to operate and maintain the SWDD landfill and customer convenience centers ("CCCs"); and WHEREAS, on July 5, 2022, the SWDD Board approved a 3.00% Consumer Price Index (CPI), effective January 1, 2023, to increase the Class I Landfill MSW rate from $14.19 per ton to $14.62 per ton and to increase the Non -Class I Landfill Services from $3,308,422.50 per year to $3,407,675.18 per year; and WHEREAS, under the terms of the Contract, the Contractor, at SWDD's request and subject to mutually satisfactory negotiated terms and acceptable compensation, shall provide additional services in connection with the Indian River County Landfill and the customer convenience centers not included above and as required by SWDD; and WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set forth herein. Nineteenth Amendment to Contract Page 325 NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. The existing Article 1 — SCOPE OF WORK of the Contract is modified to include the following: A. LANDFILL GAS SYSTEM OPERATION AND MAINTENANCE. The Contractor shall provide the additional annual landfill gas system O&M services in accordance with the attached proposal from SCS Field Services. a. Landfill Gas O&M — Contractor to provide O&M services for Calendar Year 2023. b. Landfill Gas Well Extensions - Contractor to provide two vertical well extensions and eight side slope collector extensions including replacement parts and materials. The existing Article 3 — COMPENSATION of the Contract is modified to include the following: vi) Annual Payment to Contractor for Landfill Gas System O&M shall be increased by $21,988 for the period of January 1, 2023 through December 31, 2023 or $3,141.14 per month, which includes a 15% management fee to Contractor. The overall payment for Calendar Year 2023 Non -Class 1 Landfill services shall be adjusted from the current $3,407,675.18 per year to $ $3,429,663.18 per year or $285,805.27 per month. vii) For the Landfill Gas Well Extensions — the Contractor will be paid on a time and materials basis for the work completed per the attached proposal to not exceed $48,660.00 4. Ratification. Except as specifically provided in this Nineteenth Amendment, all other provisions of the Contract shall remain in full force and effect. (The rest of this page is left intentionally blank.) Nineteenth Amendment to Contract Page 326 IN WITNESS WHEREOF, the parties have caused this Nineteenth Amendment to be executed by their respective duly authorized officers as of the day and year first written above. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Date Approved by SWDD: Approved By: (Owner) Solid Waste Disposal District Indian River County, Florida Joseph H. Earman, Chairman Approved as to Form and Legal Sufficiency By: Michael C. Zito, Interim County Administrator Dylan Reingold, County Attorney Signed, sealed, and delivered in the presence Republic Services of Florida, Limited Partnership of: ("Contractor") By: Republic Services of Florida GP, Inc., its General Partner Print Name: Print Name: Print Name: Print Title: [remainder of page intentionally left blank] Nineteenth Amendment to Contract Page 327 2023 Landfill Gas System Operations and Maintenance at the Indian River:....:-:,., Landfill (Revision One) Indian River County, Florida Brian Lewis Landfill Operations Manager Republic Services 1327 74th Ave SE Vero Beach, FL 32968 328 -- ' ' Table of Contents Section page ' |ntn}duCtion--------------. 2 Routine Scope of Services ............................................................. _._.,,,.�.�,,-,�.�...........'.'..'._.2 _ _ _ _ Task l - Flare and VYeUfie|d Operation and Maintenance ...... -..~.~~~ `..,._.�.......2 ' ' TaskReporting .............................................................................. ` �,. .......................3 Task Liquid Level Monitoring and Reporting ................................................................... 4 Task 4 - Quarterly Condensate Sump and Dewatering Pump Maintenance .......... :4. Task 5 - Flare Station Blower Lubrication/Check Valve inspection/Flow Straightener Inspection............................................................................................................................... 4 Task 6 - Air Compressor Preventative Maintenance ........................................................ 4 Task 7 - Flow Meter Calibration ........................................................................................... 5 � Task 8- Landfill (3os Lob Analysis ------------------------,.~� .-'5 ' Non -Routine Services and Maintenance ........................ .---'.~..._.......................... 5 Assumptions - 6 ��� �' -----~�___^.-----,'.^,^-^.,-.--..�.^..,^.^^^^^,^_-----' - FeeEs1rn��S ' ' '� 6 ' -------------`~`~^^^^^^^--~~-------�~^!,,�~~~^~''-----' `. Appendix A -Maintenance Documents and Checklists ................... ........................9 Appendix 8 - Air Compressor Preventative Maintenance Quote .................. ................... 17 ' ' Indian River Landfill O&M Proposal vwww.scsemsme INTRODUCTION SCS Field Services has been providing operation and maintenance (0&M) of the landfill gas collection and control system (GCCS) at the Indian River Landfill on behalf of Republic Services (Republic) since 2013. In 2018, a large area of the landfill known as segments one and two underwent a closure, gas system expansion and the installation of a new air compression station. In August of 2021 the installation of a gas system expansion was completed in segment three cell one which included sixteen new vertical wells and twenty-four new horizontal (side slope) collectors. Additionally, twenty-three new dewatering pumps located in segments two and three were brought online in September 2021. This proposal outlines an updated scope of work that includes services based on the gas system expansions, dewatering pump operation and conversations between SCS - FS, Republic, and Indian River County (County). ROUTINE SCOPE OF SERVICES • Task 1 - Flare System and Wellfield Operation and Preventative Maintenance • Task 2 - Monthly Reporting • Task 3 - Semi -Annual Liquid Level Monitoring and Reporting • Task 4 - Quarterly Condensate Sump and Dewatering Pump Maintenance • Task 5 - Flare Station Blower Lubrication, Check Valve Inspection and Flow Straightener Inspection; • Task 6 - Air Compressor Preventative Maintenance • Task 7 - Flow Meter Calibration • Task 8 - Landfill Gas Lab Analysis Each of these tasks are described below. TASK 1 - FLARE AND WELLFIELD OPERATION AND MAINTENANCE SCS -FS will perform routine site visits on a weekly basis to the Indian River Landfill. During each site visit, major components of the GCCS such as flare systems, condensate pumps and LFG header piping will be checked to ensure that the GCCS is operating normally. Monitoring data of the GCCS will be logged in a major components checklist and will be submitted in each monthly report. Any abnormalities observed during scheduled inspections will be reported to Republic immediately. Monthly operation and monitoring (0&M) reports will be prepared to present the data to Republic and summarize any LFG system operating issues that may require additional attention. Routine 0&M of the GCCS is described in further detail in the sections below. Blower/Flare Station & Weekly GHG Readings The Indian River Landfill currently operates one candlestick flare system that is equipped with three centrifugal blowers. The flare will be operated in auto -mode unless in an emergency circumstance or for the purposes of troubleshooting system issues it requires manual operation. During each routine site visit, SCS -FS will measure (and/or observe) and record at the flare station: • LFG flow; Indian River Landfill O&M Proposal Page 2 www.scsengineer33e • LFG composition (methane, carbon dioxide, oxygen, and balance gas) at the inlet to the knockout pot and flare inlet; • Main inlet header vacuum and flare inlet pressure; • Blower/flare control panel status; • Flame arrestor pressure drop; • Knockout pot pressure drop; • Air compressor outlet pressure. Based on monitoring data at the blower/flare station, adjustments will be made to increase or decrease vacuum at the blower inlet to maintain gas quality and provide consistent vacuum to the gas collection system. Once per quarter during weekly site visits the flow meter will be cleaned and inspected. All flare readings will be taken with a factory calibrated GEM 5000 portable landfill gas meter or an equivalent instrument. During weekly flare readings, the gas meter will be field calibrated with a 50% methane/35% carbon dioxide/11% oxygen mix. SCS -FS has developed a site-specific preventative maintenance checklist that will be completed by the field technician during each scheduled site visit and at the pre -determined frequency intervals. The preventative maintenance checklist records will be kept on site and included in the monthly 0&M reports as applicable. Manufacturer recommended preventative maintenance documents and checklists are included for your reference as Appendix A. LFG Extraction System There are currently 95 vertical wells, 32 horizontal collectors and 4 gas vents located in segments one, two and three. System components will be observed for proper operation during each wellfield monitoring event twice per month. Minor problems such as damaged or deteriorated monitoring ports and flex hoses will be replaced during the check. Major problems will be relayed to Republic immediately. At each extraction point, we will measure (and/or observe) and record: • LFG flow (where possible); • LFG composition (methane, carbon dioxide, oxygen, and balance gas); • Wellhead gas pressure; • Wellhead gas temperature; • Dewatering pump cycle counter number as applicable; • Well piping and well bore seal condition at the landfill surface will be noted; • Inspect the cover integrity of the landfill and note it in the daily logs. In conjunction with the extraction well monitoring, adjustments will be made at each well as required to maintain odor control, and system balance/methane composition. TASK 2 - REPORTING SCS -FS will submit an 0&M report summarizing routine and non -routine activities, if applicable, that were performed during the preceding month. The 0&M report will contain the following monitoring and maintenance records: Indian River Landfill O&M Proposal Page 3 www.scsenginee • Wellfield monitoring results (two rounds of data per month); • 6 -month rolling wellfield monitoring results; • Weekly GCCS checklist; • Flare Station preventative maintenance checklist; • Rolling 12 -month condensate sump pump counter data; • Recommended GCCS Repairs; • Quarterly pump maintenance summary; • Semi-annual liquid level data; • Quarterly air compressor work logs (provided by sub -contractor). TASK 3 - LIQUID LEVEL MONITORING AND REPORTING SCS -FS will measure liquid levels in each of the vertical extraction wells that are not equipped with dewatering pumps every six -months. SCS -FS will submit the collected data through the eTools mobile app and will be viewable through the eTools database. SCS -FS will also provide a list of wells that may require pumps based on historical field measurement data if needed. TASK 4 - QUARTERLY CONDENSATE SUMP AND DEWATERING PUMP MAINTENANCE SCS -FS will remove each of the 43 pneumatic pumps located in condensate sumps and LFG vertical extraction wells to check operation of the pumps and identify corroded or faulty components that need to be replaced once during each quarter. SCS -FS will provide Republic with a summary of findings along with a recommended parts list based on our findings. SCS -FS will make efforts to coordinate purchasing pumps or replacement parts in advance of each scheduled preventative maintenance cycle so parts can be replaced during routine inspections. TASK 5 - FLARE STATION BLOWER LUBRICATION/CHECK VALVE INSPECTION/FLOW STRAIGHTENER INSPECTION In addition to the manufacturers recommended maintenance, the following items will be performed twice per year: o Inspection of bearings and housing following alternative greasing plan. Replacement grease will be added as needed; o Blower Outlet check valve inspection and cleaning; o Flow Straightener inspection. TASK 6 - AIR COMPRESSOR PREVENTATIVE MAINTENANCE Once per quarter, SCS -FS and a qualified air compressor service company will perform minor and major services on the three air compressors and two air dryers located at the flare station based on manufacturer's recommendations. The services performed in 2023 will be performed by Air Compressor Works. Additional information on air compressor maintenance is referenced in Appendix B. Indian River Landfill O&M Proposal Page 4 www.scsengin TASK 7 - FLOW METER CALIBRATION The flare station flow meter is factory calibrated once per year per the RS standard operating procedure. To minimize risk of drift outside the 5% tolerance SCS -FS recommends factory calibrating the flow meter every 6 months and performing an "as found" bench test prior to calibration as an alternative to quarterly field accuracy checks. During each calibration, a loaner unit will be installed by SCS -FS. Once the site meter is calibrated, the loaner meter will be removed and the site meter re- installed. Each occurrence will be performed on a flat fee basis. Any additional repairs beyond calibration and the bench test of the site meter will be at an additional cost. The flat fee is based on the calibration of the existing Fluid Components International ST -98 flow meter make and model. If the make or model is changed pricing is subject to change. TASK 8 - LANDFILL GAS LAB ANALYSIS SCS -FS will provide staff and equipment to collect and ship a landfill gas (LFG) sample collected from the flare station blower discharge sample port once per quarter. The LFG sample will be analyzed by Air Technologies Laboratories, Inc. for the following: • Fixed Gases (Methane, Carbon Dioxide, Oxygen and Nitrogen); • TO - 15 Test including Siloxanes and VOCs; • H2S Volume. A lab report will be submitted to the County and Republic Services. NON -ROUTINE SERVICES AND MAINTENANCE Non -routine maintenance and repairs will be performed on an as -needed basis. Prior to performing non -routine services SCS -FS will submit a proposal to Republic for approval. Each proposal will include a scope of work and costs. In the event that a proposal cannot be provided prior to performing work due to circumstances that require an immediate response time, SCS -FS will provide a summary of the work that was performed and costs in a proposal subsequent to the work. Replacement Parts and Materials Replacement parts and materials will be needed in order to maintain components of the flare station, landfill gas extraction wells, piping systems, condensate sump pumps and vertical well dewatering pumps. SCS -FS will provide cost estimates and proposals to Republic prior to the purchase of any parts or materials. For budgetary purposes, an estimated parts and materials budget is included in Table 3. Segment Three Cell One Well Extensions There are two vertical wells and eight side slope collectors located in the south east portion of segment three cell one that will need to be extended prior to filing activities by operations. Each vertical well consists of a 6 -inch schedule 80 PVC well casing, 4 -inch HDPE vacuum riser and 2 -inch HDPE air and force main riser pipes that will be extended ten feet. Each side slope collector consists of one 6 -inch HDPE well riser and one 4 -inch HDPE vacuum riser pipe that will be extended ten feet. After each pipe is extended it will be hard capped until after filling activities are completed. Once filling is completed each wellhead will be re -installed. Indian River Landfill O&M Proposal Page 5 www.scsengine ASSUMPTIONS AND CONDITIONS This scope of services and corresponding fee estimate are based on the following assumptions and conditions: 1. SCS is not responsible for trace constituents in the flare stack gas with respect to the potential health and safety hazards associated with flaring of the gas. 2. Additional reporting and/or analysis that may be requested by Republic will be performed as a non -routine service and billed on a lump sum or time -and -materials basis. 3. Propane or nitrogen for the blower/flare station will be provided by others. 4. The scope of services, labor schedule, and compensation for the 0&M tasks was developed assuming that field personnel would perform routine services Monday through Saturday during regular working hours (7:00 a.m. to 5:00 p.m.) with unrestricted site access for personnel, equipment, and materials to enable completion of the work. 5. Work will be performed in OSHA Level D protection and in accordance with the SWANA Landfill Gas Management Division's, "A Compilation of Landfill Gas Field Practices and Procedures', dated August, 2011. Additional health and safety requirements can be provided with an adjustment in our price. 6. All permits (environmental, labor, structural, electrical, etc.) will be provided by others. 7. Republic is responsible for notifying SCS of any risks at the site and all environmental, safety and health procedures required by any applicable federal, state and/or local law, regulations, and order. 8. Pricing is valid for 60 days following the date of this proposal. 9. The pricing provided is valid through December of 2023 or is subject for adjustment if the work scope changes based on increased quantities or frequency of services. 10. This proposal and Assumptions and Conditions shall become a part of a mutually satisfactory contract agreement or purchase order. FEE ESTIMATE The following tables show a breakdown of 0&M tasks and costs based on the GCCS expansion and additional services from the original Republic contract. In 2022 there was an addendum issued to reflect an increased 0&M cost of $34,480 based on the proposal dated December 30, 2021. There will be an increase of $19,120 for 2023 0&M services from the 2022 proposal amount. Table 1. summarizes the cost increases per task from 2022 to 2023. Table 2 summarizes the total cost per task for 2023. Table 3 provides the recommended parts budgetary breakdown. Table 1. 2022/2023 Annual 0&M Cost 2022 Cost 2023 Cost Annual Comparison Adjustment Task 1 - Flare Operation, Wellfield Operation & $65,800 $72,000 $6,200 Weekly GHG Monitoring Task 2 - Reporting $18,000 $25,920 $7,920 Task 3 - Liquid Level Monitoring and Reporting $5,500 $5,500 $0 Indian River Landfill O&M Proposal Page 6 www.scsengin ■ Table 1.2022/2023 Annual 0&M Cost 2022 Cost 2023 Cost Annual Comparison Adjustment Task 4 - Condensate Sump and Dewatering $36,000 $36,000 $0 Pump Maintenance $6,000 $72,000 Weekly GHG Monitoring Task 5 - Flare Station Blower Lubrication/Check $5,000 $5,000 $0 Valve Inspection/Flow Straightener Inspection 12 Month $2,160 Task 6 - Air Compressor Preventative $10,000 $15,000 $5,000 Maintenance $5,500 Task 4 - Condensate Sump and Dewatering 4 Task 7 - Flow Meter Calibration $6,500 $6,500 $0 Task 8 - Landfill Gas Lab Analysis $6,200 $6,200 $0 Total 2023 Increase: $19,120 Table 2.2023 0&M Costs Quantity Units Unit Total Task 1- Flare Operation, Wellfield Operation & 12 Month $6,000 $72,000 Weekly GHG Monitoring Task 2 - Reporting 12 Month $2,160 $25,920 Task 3 - Liquid Level Monitoring and Reporting 2 Semi- Annual $2,750 $5,500 Task 4 - Condensate Sump and Dewatering 4 Quarters $9,000 $36,000 Pump Maintenance Task 5 - Flare Station Blower Lubrication/Check 2 Semi- $2,500 $5,000 Valve Inspection/Flow Straightener Inspection Annual Task 6 - Air Compressor Preventative 4 Quarters $3,750 $15,000 Maintenance Task 7 - Flow Meter Calibration 2 Ea. $3,250 $6,500 Task 8 - Landfill Gas Lab Analysis 4 Quarters $1,550 $6,200 Total Updated 2023 0&M Cost: $172,120 Indian River Landfill O&M Proposal Page 7 www.scsengineer336 ■ri ■IIIN i� Table 3. Non -Routine Services and Maintenance Cost Ea dmste: Replacement Parts and Materials (Time and Materials) Flare Parts and Components $10,000 Landfill Gas Extraction Well Parts $5,000 Condensate Sump and Vertical Well Pumps and Parts $25,000 Segment Three Cell One Well Extensions (Unit Rates) Vertical Well Extensions (Two at $1,290 each) $2,580 Side Slope Collector Extensions (Eight at $760 each) $6,080 Total Non -Routine Cost Estimate: $48,660 CLOSING SCS -FS appreciates the opportunity to provide our proposal to Republic Services. If you have any questions or require any additional information, please contact Brian Basconi at 401-486-4897. Sincerely, Brian Basconi Project Manager SCS Field Services BB/GAC Indian River Landfill O&M Proposal JGL�- Garold (Tony) A. Cartee Regional Manager/Vice President SCS Field Services Page 8 www.scsengin APPENDIX A - MAINTENANCE DOCUMENTS AND CHECKLISTS Indian River Landfill O&M Proposal Page 9 www.scsengineers-3;7 This Form to be replaced by site-specific maintenance checklist. Reference only. ....... -, . _. ._. .. '. .. . _..:: _. ` Flare Stahl Rokitine Op2gj%# pep&_Maintenance Schedule . ➢, Check all valves for proper.. P Refs ten all flange bolt cottaeclians Check all flange gaskets fort _ 1? Check rubber expansion jointsfoJ . .. I . . A Check piping alignment Components Frequency of Service FIoW Meter - - Schedule ... Bi- Semi- As .. I. Dail Weekl W Monthl Monthly annual _..,Anna .. Needed Condensate Knock -out pot .i. see Section .- - - D Check liquid level RMMOP ➢ Inspect [.al Coating, cover gasket and clean demister pad ➢ Ret' ten covet bolts Pneumatic Header, if applicable ' am Section .. .. .. _ .. . . D Check Nitrogen suI ➢ Cheek Supply Pressure 25 si .. . ' 4 r Check valve perfornmince Check supply lines for leakage LFG XWWw - see ..... -.- .. ... '.; ..._ ...... - ...... iratteadltl0o ecateotde$daaeias C� o�solation ' D ,:.. Itmin .tem lure _ cheot,A!Wekvcls ➢ Ins ct drive belts and flex coupling- Xa Clean ventilation openings of blower motor ` A Check wire connection for corrosion & ti htnis=. R Condensate from housin ....... -, . _. ._. .. '. .. . _..:: Piquing ; sea Section . ➢, Check all valves for proper.. P Refs ten all flange bolt cottaeclians Check all flange gaskets fort _ 1? Check rubber expansion jointsfoJ . .. I . . A Check piping alignment FIoW Meter See Section V - - ... Y Clean flow meter probe .: _ .. Calibrate flow meter - :. - ,j 16406 U.S. Route 224 East Findlay, Ohio 45540 -Phone (419)424-4999 • Fax (419)424-4991 Indian River Landfill O&M Proposal Page 10 www.scsengineer338 16406 U.S. Route 224 East Findlay, Ohio 45840 -Phone (419)42414999 • Fax (419)424-4991 Indian River Landfill O&M Proposal Page 11 www.scsengineer339 B. Grease Lubrication The greatest cause of bearing failure is over greasing rather than under greasing. For this reason, HSI does not recommend use of permanently installed grease fittings as they invite overgreasing. A special high speed grease is required in grease -lubricated machines. Use of any other type of grease without explicit approval of HSI Service Department will automatically VOID THE MACHINERY WARRANTY. GREASE SPECIFICATIONS NGLI GRADE ..... . .. ,...................... ....... , . NO. 2 THICKENER TYPE ,,, . ,.. , , ...... POLYUREA THICKENER % ..... .:. ...... .. • . •.� . ................. 8.0 VISCOSITY . .. , . ;. CST @ 40° CELCIUS VISCOSITY INDEX .............. �:. ....... ..........`..... 97 DROPPING POINT (ASTM D2265) . ,......... . . . . . ... ...... .470°F(243°C) ADDITIVES ................... , . , .. , ,OXIDATION & RUST INHIBITORS TEMPERATURE RANGE.:...-. . 22°F(-20°C)TO 350°F(177°C) TEXTURE , . . . ...............::,:... ; ;, .......... .SMOOTH, BUTTERY COLOR ., ...:....::........,. . DARK GREEN Prior to shipment, blower/exhauster bearings are adequately lubricated for 1500 hours of operation under normal operating conditions. If e months or more have elapsed since shipment from the factory, remove bearing housing covers and inspect for moisture due to condensation. To add grease during operation: i. Remove plugs from top and bottom of bearing housing (see diagram on page 30) ii. Bring blower/exhauster up to a stabilized operating temperature. iii. Add grease through the top opening in the specified amount (see diagram on page 30) iv. Reinsert plug in top opening V. After thirty minutes wipe off expelled grease and reinstall bottom plug. 22 Indian River Landfill O&M Proposal Page 12 www.scse r Indian River Landfill O&M Proposal Page 13 www.scsengineer344 I t0 F X. MAINTENANCE Some simple maintenance procedures will help prolong the life of your blower: 1. Periodically inspect foundation and correct if deficiencies are found. Check for level condition and correct as necessary. 2. Check condition of isolation pads and replace as necessary. 3. Make sure lubrication maintenance schedule is established and adhered to_ 4. Periodically check all valves in system. A stuck or broken valve can cause severe damage to equipment. 5. Alignment should be checked and corrected twice yearly. 6. Check pipe supports and adjust if necessary. 7. Keep equipment clean. If machine is oil lubricated, be sure to keep oiler bottle clean so oil, or lack of, can be seen. Keep oil breather cleaned to prevent leaks. 8. Follow motor manufacturer's recommendations for motor maintenance. 9. Vibration readings and bearing temperature readings should be taken periodically to monitor the condition of the machine bearings which are the most critical component in your machine. If equipment to do this is not available, consult HSI. Indian River Landfill LFG Control Systems Preventative Maintenance Schedules Updated for Device: LFG Specialties Candlestick Flare Unit #1865 Semi -Annual (January/July) Operator Name: P:,h.,k Date: 'Date: PipingCheck All Flange Gaskets for Leaks Rubber Expansion Joints for Wear ?4M,"aq4 Clean Flow Straightener s Remove and Clean Check Valves Remove and Repack Grease Flow M Clean T,4Esf FWU"ftillof .. .. .. . . Check Solenoid MaoW 1TImedit Clean Pressure Re Check All Connections ft. Wild. - Clean Solenoid Valve per Specifi__ Control Panel ' Check Wire Connections for Corrision Check Wire Connections for tightness Annual (Januarv) Operator Name: Components Date Knock Out Pot Inspect Internal Coating, Cover Gasket and Clean Demister Pad Retighten Cover Bolts LFG Blower Inspect Foundation and Correct Deficiencies Check Condition of Isolation Pads Check Blower Motor Alignment Check Wire Connection for Corrosion & Tigtness FIamqj&ter Check Differential Pressure Clean Element (As Needed) Piping Retighten All Flange Bolt Connections Inspect Piping for Chipped Paint and Rust Check Piping Alignment Flow Meter Calibrate Flow Meter Flare Control Panel j Clean and Maintain Instruments per Specifications Prove Out Alarm Shutdown Permissives Indian River Landfill O&M Proposal Page 16 APPENDIX B - AIR COMPRESSOR PREVENTATIVE MAINTENANCE QUOTE Indian River Landfill O&M Proposal Page 17 www.scsenginee646 That Van 1956 West 9th Street Riviera Beach, FL 33404 Phone: (561) 844-4559 www AirCo9lp[g,�rWorks cow Ak Compressor Works, Inc designated a8 ACW" and: Indian River County Landfill 1325 SW 74th Ave, Vero Beach, Florida 32968 Attention: Brian Basconi bbasconi@scsengineers.com 4014864897 Designated herein as "Customer"jointly agree to the following: 1. "ACW" agrees to perform Preventative Maintenance & Inspection of customers equipment listed on the following page of this Preventative Maintenance Agreement. 2. This Preventative Maintenance Agreement is based on 24 hours per day, 7 days per week, for approximately 8,736 total run hours per year for a Term of 1 year. 3. Upon completion of each visit, our service technician will provide a copy of their report to the customer's representative. 4. Under this Agreement, ACW technicians shall perform the following: a. 1 MINOR PM visit(s): change air finer, oil filter, filter mats, plus inspection per section 4e, if applicable. b. 1 MAJOR PM visit(s): change air finer, oil finer, filter mats, belts, oil, separator, inline filters, dryer kit, plus inspection per section 4e, if applicable. c. 2 INSPECTION vish(s): check overall operation of equipment. d. All service intervals per manufacturer's recommended specifications. e. Technicians will monitor compressors operation for control issues, lop off compressor oil if necessary, tighten and inspect electrical fittings, tighten bolts and control line fittings, clean air / fluid cooler fins, inspect control lines for leaks or wear, tension batt or inspect drive couplings, monitor all gauges and indicators for normal operation, observe for fluid leaks, observe for unusual noise or vibration, measure and record motor amp draw, drain water from receiver tanks, lest all drains in compressed air system, clean heat exchanger on dryers and test dryer drains, drainiine fitter housings if applicable, wipe down exterior of all units to maintain appearance, discuss work performed with customer prior to leaving site. f. All PM visits, unless otherwise stated are scheduled Monday through Friday, 8!00am to 5:00pm. g. No additional work to be performed without prior authorization from the Customer. h. To minimize downtime, a towable diesel compressor may be available for scheduled maintenance at current rate. If an existing connection is not present, ACW can install one for an additional charge separate from this agreement. 5. Customer is responsible for performing the daily, weekly and monthly compressed air service that is recommended by the manufacturer during times which ACW Is not scheduled. 1956 West 9th Street Riviera Beach, FL 33404 (800) 345-1364 Mechanical Contractors - License #CMC1249580 Page 1 of 3 Indian River Landfill O&M Proposal Page 18 www.scsengineer346 Preventative Maintenance PacWlaes Premier. Prepayment of Parts and Labor One simple, prepaid invoice of $10,764.10 plus applicable sales tax ' 1. 1 Business day response time on emergency calls. No Emergency Service Fees. 2. Service scheduled for you based on the requirements of your equipment and environment. 3. ACW will record, monitor and trend equipment operations and readings. 4. Parts will be delivered to customer for onsite inventory. 5. Service includes basic parts and labor for annual operation. 6. Additional parts, if needed, will be quoted at time of service. ... Standard: Pay -As -You -Go .. .. . Price estimate: $11,682.51 plus applicable sales tax 1. 3 Business day maximum response on any emergency calls. An Emergency Service Fee of $250 applies for same day response. 2. Service scheduled for you based on the requirements of your equipment and environment. 3. Price will be based on actual time and material at prevailing rates. Decline Preventative Maintenance Package Reason Prices are valid for until 12MI/2022. A convenience fee of 3% will be included on credit card charges exceeding $3000.00 and delinquent payments. Please allow a minimum of 4 weeks from signature date for first service. Customer agrees that should it become necessary for ACW to seek the services of an attorney to collect any amounts due hereunder, that Customer is responsible for the payment of all of ACW's reasonable attorneys' fees whether or not It is necessary to file an action to collect the amounts due hereunder. Customer shall be responsible for all of ACW's reasonable attorneys' fees and costs involving any litigation to collect any amounts due to ACW including any appeals, bankruptcies, or other liquidation proceedings. Air Compressor Works, Inc. Indian River County Landfill Name Showa Dale Order Acceptance Pu of Order N Check# Indian River Landfill O&M Proposal Name Brian Basconl Signature Dabs *CE TO FOLLOW 1956 West 9th Street Riviera Beach, FL 33404 (800) 345-4364 Mechanical Contractors - License #CMC1249580 Page 2 of 3 Page 19 www.scsenginee Agreement Summary Visits per Year: 4 Agreement Tenn: 1 year Equipment Summary Kasser M#ASD-25 SN#1022 Kaeser M#ASD 25 SN#1024 Kaeser M#ASD25 SN#1021 (21 Kaeser M#TD-26 SN#2624 & 262 (2) Drains M#AMD6650 Kaeser Inline Flltens 1956 West 9th Street Riviera Beach, FL 33404 (800)345-4364 Mechanical Contractors - License #CMC1249580 Page 3 of 3 Indian River Landfill O&M Proposal Page 20 www.scsenginee