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HomeMy WebLinkAbout04/18/2023ERC ORi1) -t, BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, APRIL 18, 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 John A. Titkanich, Jr., 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 Deacon Wilfred Hart, Friendship Missionary Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Joseph H. Earman, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Lieutenant Bruce Weimann Upon the Occasion of His Retirement From Indian River County Department of Emergency Services Attachments: Proclamation 5.B. Presentation of Proclamation Designating April 23-29, 2023, as Crime Victims' Rights Week in Indian River County Attachments: Proclamation April 18, 2023 Page 1 of 7 5.C. Presentation of Proclamation Designating the Month of April, 2023 As Child Abuse Prevention Month Attachments: Proclamation 5.D. Presentation of Proclamation - Designating the Week of April 23 - 29, 2023 as National Library Week Attachments: Proclamation 5.E. Presentation of Proclamation - Designating April 22, 2023 as Earth Day Attachments: Proclamation 5.F. Presentation by Conservation Lands Division -- Celebration of Earth Week in Indian River County Attachments: Staff Report - Earth Week 6. APPROVAL OF MINUTES 6.A. Regular Meeting of February 21, 2023 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Hurricane Ian Proof of Loss Summary Attachments: Staff Report Statement of Loss Scheduled Locations Summary Report 7.B. Notice of Extension to Contract for Construction of Required Roadway Improvements (Re: Right -Of -Way Permit No. 2022031449) - Old Dixie Highway Roadway Improvements Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments March 17, 2023 to March 23, 2023 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments March 24, 2023 to March 30, 2023 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments March 31, 2023 to April 6, 2023 Attachments: Finance Department Staff Report 8.D. Annual Financial Report Attachments: Finance Department Staff Report Annual Financial Report, 2022 April 18, 2023 Page 2 of 7 8.E. Rejection of Bid 2023006 for Annual Dump Truck Hauling Services Attachments: Staff Report 8.F. Award of Bid 2023032 for Earman Island Phase IV Re -Vegetation Attachments: Staff Report Agreement 8.G. Rejection of Bid 2023012 for Jackie Robinson Training Center Walking Trail Attachments: Staff Report 8.H. Final Ranking of Consultants and Authorization to Negotiate - RFQ 2023015 for Continuing Consulting Engineering Services Attachments: Staff Report 8.I. Approval of Service Agreement Addendum WEX Health, Inc. d/b/a WEX (Benefits Express Services, LLC) effective May 1, 2023 through April 30, 2024 Attachments: Staff Report WEX Health, Inc. Service Agreement Addendum Benefit Express Services, LLC Agreement 8.J. Memorandum of Understanding for Use of County Owned Bucket Trucks with the Sheriff s Department Attachments: Staff Report Memorandum of Understanding 8.K. Work Order Number 9, Continuing Architectural Victor Hart Sr. Complex Restroom/Concession Building Attachments: Staff Report W09 Scope of Work Services RFQ 2018063 - New 8.L. Children's Services Advisory Committee's Annual Report, FY 2021-2022 Attachments: Staff Report CSAC Annual Report FY 22 8.M. Approval of a License Agreement with Nerija of Vero Beach SA Company for use of the Intergenerational Recreation Center for Church Services Attachments: Staff Report Nerija License Agreement 2023.04.04 Nerija of Vero Beach SDA Company COI Nerija of Vero Beach SDA Company- 501 c3 letter Tax Exemption IRS Tax Exempt Letter for GC April 18, 2023 Page 3 of 7 8.N. Approval of Text to 911 Contract with INdigital Attachments: Staff Report INdigital Agreement Quote 8.0. Approval to Submit Letters of Intent for the National Estuary Program's Coastal Watershed Grant Attachments: Staff Report NEP Coastal Watershed Grant Program 8.P. FDOT Supplemental Agreement No. 4 to Agreement FM No. 431759-2-54-01 and Resolution Authorizing the Chairman's Signature for the Construction of Intersection Improvements at SR -60 and 43rd Avenue, IRC -0853 Attachments: Staff Report Authorizing Resolution Supplemental Agreement No. 4 8.Q. Sebastian Inlet Technical Advisory Committee Update Attachments: Staff Report 8.R. Children's Services Advisory Committee's Recommendation of Request for Proposal, Grant Application and Agency Grant Contract for FY 2023-2024 Attachments: Staff Report RFP Notification Grant Application Evaluation Form Sample Grant Contract Termination of MOA 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Clerk of Circuit Court and Comptroller, Jeffrey R. Smith: Notice of Annual Comprehensive Financial Report and Popular Annual Financial Report Completion for Fiscal Year 2021-2022 Attachments: Finance Department Staff Report 10. PUBLIC ITEMS A. PUBLIC HEARINGS April 18, 2023 Page 4 of 7 10.A.1. Treasure Coast Community Health, Inc. request to Rezone Approximately ±4.46 Acres from CH, Heavy Commercial District and CG, General Commercial District to MED, Medical District (RZON2005090174-93779) [Quasi -Judicial] Attachments: Staff Report Existing Zoning Map Existing Future Land Use Map Rezoning Application Table of Uses for Commercial Zoning Districts Future Land Use to Zoning Dist Comp Table Ordinance for Execution B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Catherine Keller re: Fence Built on County -owned Land Attachments: Public Discussion Request Keller 10.B.2. Request to Speak from Ryan Holmes re: Mandatory Polygraph Tests Given to County Employees Accused of Misconduct Attachments: Request to Speak R. Holmes 4.18.23 10.B.3. Request to Speak from Bill Rigby re: Insurance Attachments: Public Discussion Request B. Rigby 4.18.23 C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget 12.F.1. Self -Insurance Funds and Property & Casualty Insurance Program Attachments: Staff Report Executive Summary G. Public Works April 18, 2023 Page 5 of 7 12.G.1. Acquisition of Right -Of -Way for Aviation Boulevard and US -1 Improvements from Myron and Davene Madsen Attachments: Staff Report Agreement to Purchase and Sell with Exhibits Assignment of Agreement to Purchase, Sell, and Lease 12.G.2. Request for Funding and Authorization to Purchase a Motor Grader Attachments: Staff Report H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Use of Optional Sales Tax for Beach Renourishment Projects Attachments: Staff Report Optional Sales Tax - Beach and Dune System 13.B. Children Services Advisory Committee Appointment Attachments: Staff Report Application (CSAC) - CarboniDawn Application (CSAC) Amber Cerda Application (CSAC) - LendermanDaniel Application (CSAC) - Wendy McDaniel 14. COMMISSIONERS MATTERS A. Commissioner Joseph H. Earman, Chairman 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 the Solid Waste Disposal District Meeting Minutes of February 21, 2023 April 18, 2023 Page 6 of 7 15.B.2. Amendment No. 2 to Wastewater Treatment Agreement with Indian River Sustainability Center Attachments: Staff Report Amendment No 2 First Amended and Restated Site Access Agreement 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.irc og v.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 S: 00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to S: 00 p.m. April 18, 2023 Page 7 of 7 Proclamation HONORING LIEUTENANT BRUCE WEIMANN UPON THE OCCASION OF HIS RETIREMENT FROM INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES -Whereas, Lieutenant Bruce Weimann began his career with Indian River County Fire Rescue on February 8, 1991 when he was hired by the Emergency Medical Services (EMS) Division as a Paramedic; and -Whereas, he was promoted to EMS Lieutenant in 1997 and with the consolidation of the Fire and EMS departments in 2006 he was reclassified as a Solo Paramedic; and, -Whereas, although not mandatory at the time, Bruce immediately began firefighter training and within a year was promoted to Firemedic; and, -Whereas, he progressed to Driver Engineer in 2016 and earned the rank of Lieutenant in 2021 in which capacity he served until his retirement on April 30, 2023; and, -Whereas, throughout his 32 -year career, Bruce's humor, compassion and exemplary performance have been well documented within a personnel file filled with a multitude of letters and commendations from both the public and private sectors of our community, as well as from his co- workers and command staff; and, -Whereas, most of today's Fire Rescue leadership has at one time or another worked below or beside Bruce and credit him with being an exceptional mentor with a calm demeanor that inspired confidence in the face of chaos and superior EMS skills that supported life in the face of death; and, -Whereas, Indian River County Fire Rescue is grateful to Bruce for being one of the early pioneers in setting the bar for selfless service during and after a time of great interdepartmental change and most importantly, for embodying the true definition of "brother" within our fire family. Now, 71herefore, be it Proclaimeddy the Boardof County Commissioners oflndian River County, FCorida, that the Board is grateful to Bruce Weimann for his thirty-two years of unwavering service, commitment and dedication to his profession, his peers, and the citizens of Indian River County. Adopted this 18th Day of April 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman 1 Proclamation DESIGNATING APRIL 23-29, 2023, AS CRIME VICTIMS' RIGHTS WEEK IN INDIAN RIVER COUNTY -Whereas, since 1981, National Crime Victims' Rights Week has challenged us to confront barriers to achieving justice for all victims while still reflecting on how far we have come; and -Whereas, millions of people every year in the United States are victims of crime, including terrible acts of violence, loss or damage of personal property, and financial exploitation, and these citizens may lose a sense of trust and safety that can never be fully recovered; and -Whereas, persistent barriers prevent many victims from obtaining the support and services they need and the justice they deserve, with fewer than half of violent crimes ever being reported; and -Whereas, local community initiatives, especially those that build trust with law enforcement, are key to preventing violence; and -Whereas, it is essential to improve access to services and safety for our historically marginalized and under -served communities, combat the surge in anti -Asian harassment and other hate crimes, and reduce gun violence and its impacts on victims, families, and first responders; and Whereas, every crime victim deserves justice and assurance that their safety and welfare will be protected, and by being united for victims' rights and services, we gain strength as a community and offer tangible support to victims who seek to recover in the aftermath of crime. Naw, 9 -herefore, be it Proclaimed by the Board of County Commissioners of lr&an River County, Florida, that April 23-29, 2023 is designated as Crime Victims' Rights Week in Indian River County, and the Board calls upon all citizens to participate in events that raise awareness of victims' rights and to reach out to serve victims in need. Adopted this 18th day of April, 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 ProcCamati"on DESIGNATING THE MONTH OF APRIL, 2023 AS CHILD ABUSE PREVENTION MONTH -Whereas, child abuse and neglect are serious and growing problems affecting more than 3.2 million of our nation's children annually and over 3,500 children locally; and -Whereas, the abuse and neglect of children can cause severe, costly and lifelong problems, including physical and mental health problems, school failure and criminal behavior, which affects all of society; increased public awareness of the devastating problem of child abuse and neglect is our strongest weapon in the fight to end it; and Whereas, many community organizations, such as all the local Exchange Clubs: Indian River, Treasure Coast, Vero Beach, Fellsmere and Sebastian, the Hibiscus Children's Center and other organizations who make children a top priority, take action to support the physical, social, emotional, and educational development and competency of all children; and -Whereas, during the month of April, Prevent Child Abuse Florida in collaboration with the Governor's Office of Adoption and Child Protection, the Florida Department of Children and Families, and the Ounce of Prevention Fund of Florida, will implement Pinwheels for Prevention, a statewide campaign promoting awareness of healthy child development and positive parenting practices. The National Exchange Club will honor all children by wearing blue on Mondays during the month of April. Now, 71herefore, be it Proclaimed dy the Board of county Commissioners of Indian River County, Fforida, that the month of April, 2023, be designated as CHILD ABUSE PREVENTION MONTH in Indian River County, and all residents are urged to engage in activities whose purpose is to strengthen families and communities to provide the optimal environment for healthy child development. Adopted this 18th day of April, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss K . ...... .... _71 a County Entry Sigsn Installation Exchange Team St Helens Church Pro c Camatiobn DESIGNATING THE WEEK OF APRIL 23-29,2023 AS NATIONAL LIBRARY WEEK -Whereas, libraries provide the opportunity for everyone to pursue their passions and engage in lifelong learning, allowing them to live their best life; and -Whereas, libraries have long served as trusted institutions for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio-economic status; and -Whereas, libraries strive to develop and maintain programs and collections that are as diverse as the populations they serve and ensure equity of access for all; and `Whereas, libraries adapt to the ever-changing needs of their communities, continually expanding their collections, services, and partnerships; and -Whereas, libraries play a critical role in the economic vitality of communities by providing internet and technology access, literacy skills, and support for job seekers, small businesses, and entrepreneurs; and `-Whereas, libraries are accessible and inclusive places that promote a sense of local connection, advancing understanding, civic engagement, and shared community goals; and -Whereas, libraries are cornerstones of democracy, promoting the free exchange of information and ideas for all; and -Whereas, libraries, librarians, and library workers are joining library supporters and advocates across the nation to celebrate National Library Week. Now, 11herefore, be it Proclaimedby the Boardof County Commissioners ofln An River County, FCorida, that the week of April 23-29, 2023 be designated as National Library Week in Indian River County, and during this week, the Board encourages all residents to visit their library to explore the wealth of resources available. Adopted this 18th day of April, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss 04/18/2023 Item 5.D. r ae Y. A. Y. per" 1Yr I- 1 04/18/2023 Item 5.D. 4 h T ,i i 04/18/2023 Item 5.D. zi - 3 04/18/2023 Item 5.D. 04/18/2023 Item S.D. . 3 a. r;. ;;,t max,*_ERSi �'�r• F J;�' 'r ry T �A �, u ' . . . :. . : � `," e rY "�v>xi;• 4� R x x.��� r, �"'�-K��r .<'ws•^,. ''.+.:w.s"� .. dl Mu �pr? O@>1 C n ix r nx, � ,.. Pa Ol a � �, x�v+�b� fir'', ✓ O '�;° _ ' ✓w ' . ,. 4 r � Y �' rr r �,�. � I �, Y Y r .' :. S. ' r, r'�•_T h ~z aM p. r` , ,;!< ra„Sr� t Y`KT � rF� _ .. ' z J �df 5 k 4 iY``2 F, HeritageQues h t,, a r. n J y:}hr i 1 hT b �fR t { ichelle r 04/18/2023 Item 5.D. 04/18/2023 Item 5.D. �a.6,.,r �`• �i tip ty " All 113 i 4 S Brackett Libra 'rculation C1el°"�z d mss, arge Meeting Roo Conference Room Multimedia Roor r orth County Library 4 Brackett Library Main Librar i t�If" 04/18/2023 Item S.D. • .• Ak �. r a ' % f r 04/18/2023 Item 5.D. raft • f • -£ ; ProcCamati"M Designating April 22, 2023 as Earth Day -Whereas, the Indian River County Board of County Commissioners and the Solid Waste Disposal District are committed to preserving and protecting our community; and -Whereas, we are all caretakers of this planet and we are committed to combatting environmental degradation and preserving our Earth's viable resources; and -Whereas, Founded by Senator Gaylord Nelson in 1970, Earth Day celebrates its 53rd year of promoting ecology and respect for life on the planet as well as encouraging awareness of the growing problems of air, water, and soil pollution; and -Whereas, Earth Day is celebrated with outdoor activities where individuals or groups perform acts of service to planet Earth to include planting trees, picking up roadside and shore trash, and conducting various service-oriented recycling activities to reverse environmental destruction; and -Whereas, Earth Day broadens environmental education across all age levels in order to successfully achieve overall sustainability; and -Whereas, Earth Day efforts uplift our communities, provide service to those in need, and build bridges of friendship among citizens, members of all faiths, civic leaders, and community organizations in Indian River County; and -Whereas, the Board encourages all residents of Indian River County to become better committed to the greater causes such as recycling education, water conservation, and food waste prevention and diversion. Now, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that April 22, 2023 be designated as Earth Day in Indian River County. Adopted this 18th day of April, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss 9 615' �vER�oo INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / * * Parks & Recreation ORlO�' Date: April 10, 2023 To: The Honorable Board of County Commissioners Through: Michael C. Zito, Interim County Administrator Beth Powell, Director Parks and Recreation/Acting General Services Director From: Wendy Swindell, Conservation Lands Manager Subject: Celebration of Earth Week in Indian River County BACKGROUND: Earth Day is the annual celebration that raises awareness of issues that affect the planet. Initiated in 1970 by Wisconsin Senator Gaylord Nelson, this unique annual celebration preceded Congress authorizing the creation of the Environmental Protection Agency. The overwhelming support of the Earth Day concept is thought to be a catalyst for the passage of the Clean Water Act (1972) and the Endangered Species Act (1973). As young people are often the group with the enthusiasm to take on challenges, the date of April 22nd was chosen for Earth Day to maximize the participation by students of all ages. As we look to appreciate nature's beauty this month, Indian River County Conservation Lands Program has developed a series of events that are dedicated to this year's theme "Invest in Our Planet." Each day between April 18th and April 22nd, our Program will be holding an event that aligns with investing in the environment. Below is a summary of the week's planned events: Tuesday April 18th —Presentation to the Board of County Commissioners Florida scrub jays are a federally threatened species endemic to our State. For over 23 years, the Conservation Lands Program has been restoring habitat and monitoring the population of scrub - jays guided by the adoption of the Sebastian Area -Wide Habitat Conservation Plan (HCP). From dwindling populations in the 1990's, the County now has over 32 scrub jay territories within the HCP lands; these territories are occupied by over 100 scrub jays within 4 of our northern conservation areas. This success is due to the 23 years of habitat enhancement and management work completed by Beth Powell, the County's first Conservation Lands Manager. The scrub jay program is fortunate to have many trained volunteers who monitor the jays year-round. Dr. Monica Folk will provide the Board with an overview of the scrub jay program, which will be followed by an opportunity to thank some of the Program's hard-working volunteers. Wednesday April 19th — Pollinator Plantingat t Captain Forster Hammock Preserve (10:00 — 11a.m.) Learn about pollinators and the importance of landscaping with native plants while we augment the County's pollinator garden located at the entrance to the Captain Forster Hammock Preserve on Jungle Trail. C:\Granicus\Legistar5\L5\Temp\73975040-d65e-4ba7-9bc3-d336d232469f.doc 6 Thursday April 20th —Spring Scavenger Hunt (April 20th to May 31s) This day will be the kick-off of the Conservation Lands Program Spring Scavenger Hunt. Using the County's OuterSpacial App, participants will meander through County Conservation Lands following a series of clues and challenges to complete the Scavenger Hunt Form. The clues and challenges will all be based on this year's Earth Day theme. This event will be a fun way to learn about nature while hiking through our beautiful conservation lands. The first team to complete the challenge will receive an award celebrating their achievement. Friday April 21" — Pre -K Nature Adventure at the iG (10:15am, 1:OOpm and 4:00pm) A fun family event will be held outdoors at the Intergenerational Center to inspire Pre -K kids (Ages to enjoy and appreciate nature. The Pre -K Nature Adventure will include a pollinator garden walk, a nature -based circle time story, creating a fun nature -based craft with each child participating, and other outdoor activities to entertain the kids. Saturday April 22nd — Watershed Clean Up (9:30am — 11:30am) The St. John's River Water Management District (SJRWMD) is celebrating Earth Day by coordinating a watershed clean-up event on the 22nd. For this final day of Earth Week, the Conservation Lands Program is coordinating a debris clean-up along CR 512, west of Fellsmere. Groups will meet at City Hall in Fellsmere to kick-off this event. RECOMMENDATION: This item does not require any action by the Board. APPROVED AGENDA ITEM FOR APRIL 18, 2023 C:\Granicus\Legistar5\L5\Temp\73975040-d65e-4ba7-9bc3-d336d232469f.doc 7 Florida Scrub jay Monitoring on IRC Conservation Areas, 2001 -present 41 +V, I alp Monica Folk Wild Folk, LLC Florida Scrub -Jay Aphelocoma coerulescens *Listed as threatened in 1987 *Population declining •Very habitat -specific, specializing on "oak scrub" •Habitat loss/fragmentation primary reason for species vulnerability 04/18/2023 Item 5.F. 2y �� i i €2.. 04/18/2023 Item 5.F. HCP Requirements > Establishment of 5 Conservation Areas (CAs) > Restoration/management of scrub habitat on CAs > Perpetual conservation easement and habitat management of Sebastian Airport coridors • Reporting of impact lots developed > Monitoring of county -wide jay pop >Number of territories (family groups). > Productivity (reproduction) > Movement patterns (dispersal) HCP Requirements > Establishment of 5 Conservation Areas (CAs) > Restoration/management of scrub habitat on CAs > Perpetual conservation easement and habitat management of Sebastian Airport corridors > Reporting of impact lots developed > Monitoring of county -wide jay pop >Number of territories (family groups) >Productivity (reproduction) =r > Movement patterns (dispersal) Indian River County HCP �_ , HCP Requirements > Establishment of 5 Conservation Areas (CAs) > Restoration/management of scrub habitat on CAs > Perpetual conservation easement and habitat management of Sebastian Airport corridors > Reporting of impact lots developed > Monitoring of county -wide jay pop >Number of territories (family groups)F > Productivity (reproduction) r > Movement patterns (dispersal) , r JNSCA M/J 3 groups 7 birds I w�; f M/J 3 groups 7 birds 04/18/2023 Item 5.17. 35 IRC FSJ Sub -populations 30 PIE/SS Groups WSCA Groups zs r NSCA Groups i; 20 E z' 15 Ping Rin"V nI 10 — — — 5 0 20012002200320042005200620072008200920102011 Nesting Year 7 4 NSCA 2012 Banded 62 t FSJs .,•4NSCA ". 2011-2013 v to be able to 4. ID groups r � , f� IRC - NSCA v ?015 139roups 35 birds 4NSCA tip# *y � f� ,yf � • �4� �&'. j` x nj'f � i •�.' t'1 ;sem* ��{ . s• � ...:.w. �.i� _ _ �.iaa'•k , ham. � If 9 w . f -e. -' IRC - NSCA 2017 12 groups f 53 birds Y. NSCA . h, s IRC -NSCA 2021 15 groups 71 birds /JNSCA 1 �'+ J`Se rJ A � � � t ♦ C �I it Indian River County HCP Lands kk�afrtan NRide FL Srnsb rbiru Cauun'a6on Plm: V IRC - WSCA 1994 2 groups jWabasso i 5 birds 4 VOL*, ! �r { - ;mage U.S. Geolog'%ai Survey eY.�rNY IRC - WSCA _� < '• 2015 7 groups WAS Sso x: 20 birds of it 19 t T i f • sRwwoSlht �' «J .. �,. IRC - WSCA sl 9 groups i jwatiasso 28 birds f �1 M1 i f .mom F>S ti Ft t IeMt • � . 'ate s > ts` t tWabasso R� i' r w...+we.asmrs: 11 groups 34 birds HCP Requirements > Establishment of 5 Conservation Areas (CAs) > Restoration/management of scrub habitat on CAs > Perpetual conservation easement and habitat management of Seb Airport corridors > Reporting of impact lots developed > Monitoring of county -wide jay pop - >Number of territories (family groups) > Productivity (reproduction) >Movement patterns (dispersal) �% Monitoring Activities > Territory/Activity Center mapping > Pre -nesting (Feb/Mar) - FSJs most territorial > Map territory boundaries, activity centers, select trap stations for Fall > Pre -surveys by volunteers are essential > Productivity survey/chick banding > Post -nesting (July/Aug)—"brownheads' (fledglings) independent and curious > Conditioning by volunteers trap -trains them > Dispersal documentation > Re -sights by volunteers show movement patterns, corridors, dispersal Monitoring Activities > Territory/Activity Center mapping > Pre -nesting (Feb/Mar) - FSJs most territorial > Map territory boundaries, activity centers, select trap stations for Fall > Pre -surveys by volunteers are essential > Productivity survey/chick banding / > Post -nesting (Jul /Aug)—`brownheads" (fledglings) independent and curious > Conditioning by volunteers trap -trains them > Dispersal documentation > Re -sights by volunteers show movement patterns, corridors, dispersal' 04/18/2023 Item 5.F. •15 r.: c 6 i tA; k Sr`„C 1-77 �- i ��� x Monitoring Activities > Territory/Activity Center mapping > Pre -nesting (Feb/Mar) - FSJs most territorial > Map territory boundaries, activity centers, select trap stations for Fall > Pre -surveys by volunteers are essential > Productivity survey/chick banding > Post -nesting (Jul /Aub)—"brownheads' (fledglings) independent and curious i' {' > Conditioning by volunteers trap -trains them > Dispersal documentation 'r A > Re -sights by volunteers show movement patterns, corridors, dispersal { t 4 r 04/18/2023 Item 5.F. 19 11 S K 11 S � / .. ��2 . c^ �� � � \\ � � < � �. . \� \� � «�� � `#�� � � ` ...,�. 2 °+ � � � «� 2 a.�r . . ��� /��� \� © . �» <\�%� w° �� . � «� ,,� ^ 2 � `_ � � \� ». %� � \\ � �� �? « ` �� \� & , � » \ : , » . � / .. ��2 . c^ �� � � 04/18/2023 Item 5.F. 23 Monitoring Activities > "rerritory/Activity Center mapping > Pre -nesting (Feb/Mar) - FSJs most territorial > Map territory boundaries, activity centers, select trap stations for Fall > Pre -surveys by volunteers are essential — #, > Productivity survey/chick banding > Post -nesting (July/Aug)—"brownheads" (fledglings) independent and curious > Conditioning by volunteers trap -trains them �y > Dispersal documentation ,NI > Re -sights by volunteers show movement patterns, corridors, dispersal k i ROSEIan• North Sebastian Conservation Are �)astian , r A 4 N tom, 6\1 y.L� �.: � r Orchid �+ j =vim , III lip, elt�stne = — Y "� Bristtol Barber lv int tt t VVa5assoAA . #[ ' -rf aba o Vero hake tates ! s '71#1 Data SIO NOAH J s Nb,y 'VCA GEECQ 4,(Bea, 4S-RY A s a f, S'. a r 1 32( March 2022 Young female jay from Wabasso Scrub dispersed >32 miles through urban Vero Beach and Fort Pierce to Savannas Preserve State Park. This is close to the record for dispersal distance! r':•�'���yty tel, F -'t t�' 74 INFORMATIONAL ITEM INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners THRU: Kristin Daniels Director, Management & Budget DATE: March 17, 2023 SUBJECT: Proof of Loss Statements - Hurricane Ian FROM: Cynthia Stanton Risk Manager On September 29, 2022, Hurricane Ian made landfall in Indian River County and caused approximately $750,000 in hurricane related expenses, in addition to significant beach erosion costs yet to be determined. The beach damages will be quantified once the surveys and subsequent reports are received from the County's outside consultant. The attached Proof of Loss document provides authorization for the insurers to make payment to Indian River County for insured losses as a result of Hurricane Ian. The approved claim loss payment amount of $23,103.25 is subject to change in the event actual replacement costs differ from estimated amounts. Attachments: Statement of Loss Worksheet Claim Summary per Location 0 , Sedgwick,. Insured: Indian River County Policy #: Various Date of Loss: 09/28/2022 Cause of Loss: Hurricane IAN Sedgwick: BOC22066900 Proposal Assets Reported Damaged STATEMENT OF LOSS Address Descrp. of Damages Repic. Cost Deductible Calc. Recovery Estimated Damages from Hurricane IAN Combined applicable deductibles exceeds $100,000 Minimum Steven Jones R.G.A. Not Sched. Excld. End. #012 Misc. property in the $37,970.00 open Remove & Replace Sandridge Golf course - Fence A Great Fence 5300 73rd St. damaged Fence Spoonbill Marsh - Cleanup Southern Mgmt. 5700 57th St. Clear debris Mosquito Ditch Fire Station #2 DOCK None 3301 Bridge Plaza Dr. Vero Bch Repair damaged dock Shooting Range No cost 10455 102nd Terr, Sebastian Transmitter / Flashing $0.0 Repair underground Sewer Main rupture Meeks Plumbing 5150 77th St. Vero Beach, FI pipe Station #1 Fire Equip, FI. 1500 Old Dixie Hgwy, , Vero Bch Lightning - fire alarm panel Station #2 3301 Bridge Plaza Dr. Vero Bch Hood Station #3 Roof Auth 2900 43rd Ave. Vero Beach Ridge cap shingles Station #3 Complete Elect. 2900 43rd Ave. Vero Beach Generator Switch Station #11 Roof Auth 2555 93rd St., Vero Beach Roof shingles Line #43 - Fires Station Sheds Thompson 1500 Dixie Hgwy, , Vero Beach Storage shed roofs Line item # 247 Station #15 - (2) A/C Repair - Rhoades Modular Rhoades A/C 9450 County Rd. 512, Sebastian A/C Tracking Station - Beach access ramps - $0.001 Sched . # 22589-A line item #211 Ind. River Docks 800 46th PI., Vero Beach Repair beach access $0.00i Estimate All of the above described claimed E damages combined 5%-$104,909.50 Estimated Damages from Hurricane IAN Combined applicable deductibles exceeds $100,000 Minimum Steven Jones R.G.A. Not Sched. Excld. End. #012 Misc. property in the $37,970.00 open EXCLUDER $41,550.00 EXCLUDED $7,400.00 EXCLUDE Repairs Done In -House $0.0 Underground Property $500,000 limit X 5%= $30,227.30 $25,000 $5,227.3 Sch. Value $2,162,264 X $2,966.00 5%-$108.,113.20 $0.0 Sch. Value $2,098.190 X $250.00 5%-$104,909.50 $0.001 $250.00 $0.00i Sch. Value $2,362.966 X E $250.00 5%-$104,909.50 $0.001 Sch. Value $1,751,684 X j $250.00 5%-$87,582.40 $0.001 Sch. Value $34,1334 X 5%- $7,650.00 $1,706.65 $5,943.35 Sch. Value $235,290 X5%- $7,300.00 $11,764.50 $0.00: $14,040.00 On Schd.- $42,148 X 5%= $2,107.40 ` $11,932.601 $150,103.30 $23,103.25 t O Q a, 7 01 u u H Ln N M O N rf N u O m rri V r -I M Ln ri tr} ru E 0J 01 7 Q) Q) u u L Q) CL C) U 7 ai 0J 0 Ln >Q 0 > > �n >> ) 3> ) 3> 3 3 3 3 L 3 L 3 Y O_ U U O� j O U O O O Q O Q O C O V) ¢ m m m m m¢ m¢ m¢ m O O 0 0 LA Z Z Z Z O Ln O M M k .�. i i i i r�-i i ¢ N N V 0) C c M 0) QJ lfl tl) -i ri U C C - ri m � 7 0J C � u V) VT V� VT V? V} V? V} V), tJ? V} t/ - = V? in VT C8 o¢ o 0 o ul o 0 0¢ O \ \ \ \ N \ V) Ln Vl lD V In : \ Z Z Z ZM Z ^O Z v o r -I O O O O n Lb O a -I m m m r, m C r^ .-1 _p Ln 00 �F -zi - ri r` J ri N u N O O O O 00 C r -i Qj o 7 u VT VT C VT VT O O O O O O O o O O O O o o O O M O o 0 0 0 0 0 0 0 0 0 0 0 0 0 r; 0 0 0 0 w 0 0 0 0 0 0 0 0 0 0 N m 00 m Ln lD O M V) M V) V) m O ct -It }, N al al N Ln a * N N N lD N V) M O N (0 O m M -i N r, r^ N r^ E .Y m m v ri W Vl v _I_- -C -C O O p) '^ p0 u O O c L > o ti f0 n°'o r 3 a v a °' u E f9 _ f0 Q Ec 0J N L L 00 L U Ln C E 7 ro o U M 01 L OJ = L " v > ocmY -a L N on f0 v, W f0 N Y OC U u C u O C y- O CO V) ro N _ O O Ln 0 m LL LL U LL o S G= () D_' V) ¢ Z � m m 00 00 Ol W �D In in Na) Ol l0 LD r_ r^ M m N N LD lD -0 > M M M M m m m m N N to a+ L > > -.0LD Ol M LU U.J O M rn 00 Ol N N In V) N LD �n CO CO QJ U 0 0 M rn N N N m >> ra v ? m N 'a -0= 3 0 o m > m > m > m m N m > m m N m [� ¢ > v v F� co a a ai v ai > aj > N In x 0J N > ¢ > ¢ > ¢ T T u Y C L Ln a� V) L L O > > 'a � � L L Y L 7 7 L Y r- r^ n rn n r, r` ri Lr) V) O m m c m M v m a o rn m rn o u o u ,� lD N N ri m m o N ul M m rn m oo �n v v o ao lfl Ln l.n .--1 N ci M M N N r -I N Ol Ql 00 .--I N N N NN N N N m N N N N N N N N N N N NO N N N N N N N N N N N O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N � Ol Ol O Ol Ol 00 N N N N N N N M N N N N N N N N N N N N N N N N N Ol Ol Ol Ol Ol (3l Cl Ol Cl Ol Ol 01 (31 Cl 0) O O O O O O O O O O O O O O O C L C w mL O Lr) '.0 u p C7 C7 06 0J OJ _ N N M M r` ri r -i Ln ri Ln ri V) of C c-0 C C C C C C C C C C N N 'a O O O O O O O O O O O Y X fu u u C C O O r�o �a m m m m m m m f w N V V) N N V) V) N V V V V V ¢ Fzd ri N M c* In lD r` 00 Ol r -I r -I ri r�i ri ri Ln N M O N rf N u O m rri V r -I M Ln ri tr} ru E 0J 01 7 Q) Q) u u L Q) CL C) U 7 ai 0J 0 Ln Ln O J o v (u v v v v y Z Z Z} y} O O L d Ln 4� m Ln LD N N N N N Ln O N LO M m m m m to Q —4 .D N m m m m O LD E Ln -:F t/} N N N N .--I v) - !Fa < o\° 00 O O O O O O O O m N .4 a N C ai U vL a LD LD a, oo � o a a a Ln N ^ M rl N (V N N N N 00 m M W N N N N O O M- O N m o r -I m LD 'It Z O0 Om 00 O0 o O � � O O O O mC-4 r14 0 > � N N > U Y a p LLI m m O L L N vLimit 00 00 00 u N M 00 00 i mU U LJ 01 �- (L9 N L 0 N In Ln _Ln r-1 _Ln N O N N Y p O j..I Ln N t0 O O O O Z m W W L J J J dF iE aF iE iF iE iF iF �F e -I N M Lli LO I- 00 01 Z AGENDA: 4/18/2023 INFORMATIONAL ITEM Office 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: March 30, 2023 SUBJECT: Notice of Extension to Contract for Construction of Required Roadway Improvements (Re: Right -Of -Way Permit No. 2022031449) — Old Dixie Highway Roadway Improvements By Resolution No. 2019-089 adopted on October 1, 2019, the Board of County Commissioners delegated to the County Administrator or his designee, the authority to execute extensions to Contracts for Construction of Required Roadway Improvements for work to be performed under Section 312.11 of the Code of Indian River County, so long as the approval signature of the Public Works Director appeared on the extension document and that notice of such extension is presented as an informational item on a future agenda of the Board of County Commissioners. For your information, an extension document has been entered into between SPIRIT OF SEBASTIAN, LLC and Indian River County, whereby the date for completion of the roadway improvements to Old Dixie Highway has been extended to March 30, 2024. Additionally, the supporting security consisting of an iThink Financial Irrevocable Letter of Credit No. 61 in the amount of $281,515.30 has been amended to extend the expiration date to June 30, 2025. (The letter of credit runs an additional 15 months beyond the extended completion date to provide for the 1 -year warranty after construction has been completed.) N 12 JEFFREY R. SMITH, CPA, CGFO, CDMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: March 23, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 17, 2023 to March 23, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of March 17, 2023 to March 23, 2023. 13 �A CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 434357 03/17/2023 UNITED WAY OF INDIAN RIVER COUNTY 798.00 434358 03/17/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 8,365.82 434359 03/17/2023 NORTH CAROLINA CHILD SUPPORT 105.69 434360 03/17/2023 COMMONWEALTH OF MASSACHUSETTS 154.00 434361 03/17/2023 P&A ADMINISTRATIVE SERVICES INC 489.00 434362 03/17/2023 NORTH DAKOTA CHILD SUPPORT 228.47 434363 03/23/2023 FLORIDA RECREATION & PARK ASSOC INC 20.00 434364 03/23/2023 COLLEEN D'ANGELO 200.80 434365 03/23/2023 FLORIDA LIBRARY ASSOCIATION 1,045.00 434366 03/23/2023 QUINTIN BERGMAN 716.54 434367 03/23/2023 AT&T WIRELESS 147.92 434368 03/23/2023 AT&T WIRELESS 294.12 434369 03/23/2023 AT&T WIRELESS 788.17 434370 03/23/2023 AT&T WIRELESS 298.70 434371 03/23/2023 AT&T WIRELESS 345.84 434372 03/23/2023 AT&T WIRELESS 912.98 434373 03/23/2023 AT&T WIRELESS 929.17 434374 03/23/2023 AT&T WIRELESS 212.15 434375 03/23/2023 AT&T WIRELESS 212.15 434376 03/23/2023 EDLUND DRITENBAS BINKLEY ARCHITECTS 22,500.00 434377 03/23/2023 CARTER ASSOCIATES INC 610.00 434378 03/23/2023 CLERK OF CIRCUIT COURT 54.00 434379 03/23/2023 INDIAN RIVER COUNTY HEALTH DEPT 40,150.76 434380 03/23/2023 VICTIM ASSISTANCE PROGRAM 7,460.08 434381 03/23/2023 ROGER J NICOSIA 1,500.00 434382 03/23/2023 CITY OF VERO BEACH 2,230.27 434383 03/23/2023 CITY OF VERO BEACH 11,987.50 434384 03/23/2023 AT&T CORP 690.00 434385 03/23/2023 AT&T CORP 730.19 434386 03/23/2023 AT&T CORP 961.46 434387 03/23/2023 FLORIDA POWER AND LIGHT 1,766.93 434388 03/23/2023 STATE ATTORNEY 9,583.94 434389 03/23/2023 INDIAN RIVER FARMS WATER CNTRL DIST 600.00 434390 03/23/2023 ST LUCIE COUNTY BOCC 151,051.00 434391 03/23/2023 ST LUCIE COUNTY BOCC 59,533.16 434392 03/23/2023 CELICO PARTNERSHIP 40.01 434393 03/23/2023 MASTELLER & MOLER INC 13,338.00 434394 03/23/2023 SUMMERLINS MARINE CONST LLC 45,796.00 434395 03/23/2023 CATHEDRAL CORPORATION 17,700.00 434396 03/23/2023 CENTERLINE UTILITIES INC 393,718.47 434397 03/23/2023 PROCTOR CONSTRUCTION COMPANY LLC 121,651.05 434398 03/23/2023 FIRST CHURCH OF THE NAZARENE INC 500.00 434399 03/23/2023 DESK SPINCO INC 8,288.86 434400 03/23/2023 LOWES COMPANIES INC 25.27 434401 03/23/2023 VIRGINIA W RUSSELL FAMILY LIMITED PARTNERSHIP 156,490.19 434402 03/23/2023 J -MAC CLEANING SERVICES INC 5,591.66 434403 03/23/2023 CW ROBERTS CONTRACTING INC 283,369.80 434404 03/23/2023 FERREIRA CQNSTRUCTION COMPANY INC 32,031.27 434405 03/23/2023 KERNER LLC 8,250.00 434406 03/23/2023 ACP FACILITY SERVICES 11,736.91 434407 03/23/2023 KATE PRIEST LCSW LLC 5,000.00 434408 03/23/2023 DEBBIE BENSON 7.00 434409 03/23/2023 DENIS BERGERON 160.01 434410 03/23/2023 MARILYN LAVECCHIA 30.00 434411 03/23/2023 SUSAN KISS 140.00 434412 03/23/2023 ANTHONY NAVA 150.00 434413 03/23/2023 MARY BIDWELL 46.52 14 TRANS NBR DATE VENDOR AMOUNT 434414 03/23/2023 LORRAINE LANCASTER 16.40 434415 03/23/2023 BIGGS FAMILY LLC 100.00 434416 03/23/2023 THE VICTOR BUILDING INC 100.00 434417 03/23/2023 UTIL REFUNDS 167.47 434418 03/23/2023 UTIL REFUNDS 40.99 434419 03/23/2023 UTIL REFUNDS 31.30 434420 03/23/2023 UTIL REFUNDS 27.65 434421 03/23/2023 UTIL REFUNDS 39.11 434422 03/23/2023 UTIL REFUNDS 43.67 434423 03/23/2023 UTIL REFUNDS 34.74 434424 03/23/2023 UTIL REFUNDS 42.55 434425 03/23/2023 UTIL REFUNDS 60.24 434426 03/23/2023 UTIL REFUNDS 40.68 434427 03/23/2023 UTIL REFUNDS 46.18 434428 03/23/2023 UTIL REFUNDS 8.51 434429 03/23/2023 UTIL REFUNDS 34.11 434430 03/23/2023 UTIL REFUNDS 47.96 434431 03/23/2023 UTIL REFUNDS 40.26 434432 03/23/2023 UTIL REFUNDS 63.55 434433 03/23/2023 UTIL REFUNDS 269.21 434434 03/23/2023 UTIL REFUNDS 386.59 434435 03/23/2023 UTIL REFUNDS 60.98 434436 03/23/2023 UTIL REFUNDS 78.46 434437 03/23/2023 UTIL REFUNDS 162.95 434438 03/23/2023 UTIL REFUNDS 102.08 434439 03/23/2023 UTIL REFUNDS 50.00 434440 03/23/2023 UTIL REFUNDS 83.27 434441 03/23/2023 UTIL REFUNDS 129.64 434442 03/23/2023 UTIL REFUNDS 43.85 434443 03/23/2023 UTIL REFUNDS 24.74 434444 03/23/2023 UTIL REFUNDS 85.52 434445 03/23/2023 UTIL REFUNDS 38.43 434446 03/23/2023 UTIL REFUNDS 65.28 434447 03/23/2023 UTIL REFUNDS 56.49 434448 03/23/2023 UTIL REFUNDS 22.76 434449 03/23/2023 UTIL REFUNDS 57.17 434450 03/23/2023 UTIL REFUNDS 36.37 434451 03/23/2023 UTIL REFUNDS 269.23 434452 03/23/2023 UTIL REFUNDS 210.29 434453 03/23/2023 UTIL REFUNDS 7.84 434454 03/23/2023 UTIL REFUNDS 12.04 434455 03/23/2023 UTIL REFUNDS 52.31 434456 03/23/2023 UTIL REFUNDS 664.74 434457 03/23/2023 UTIL REFUNDS 89.42 434458 03/23/2023 UTIL REFUNDS 44.90 434459 03/23/2023 UTIL REFUNDS 90.15 434460 03/23/2023 UTIL REFUNDS 76.78 434461 03/23/2023 UTIL REFUNDS 32.26 434462 03/23/2023 UTIL REFUNDS 57.30 434463 03/23/2023 PORT CONSOLIDATED INC 281.78 434464 03/23/2023 GUARDIAN EQUIPMENT INC 582.00 434465 03/23/2023 SSES INC 70,731.88 434466 03/23/2023 TEN-8 FIRE EQUIPMENT INC 11,654.98 434467 03/23/2023 RANGER CONSTRUCTION IND INC 616.00 434468 03/23/2023 VERO CHEMICAL DISTRIBUTORS INC 751.50 434469 03/23/2023 HENRY SCHEIN INC 280.32 434470 03/23/2023 SAFETY PRODUCTS INC 809.85 434471 03/23/2023 DATA FLOW SYSTEMS INC 13,074.00 434472 03/23/2023 PARALEE COMPANY INC 683.90 434473 03/23/2023 E-Z BREW COFFEE & BOTTLE WATER SVC 27.00 15 2 TRANS NBR DATE VENDOR AMOUNT 434474 03/23/2023 INDIAN RIVER BATTERY 2,631.05 434475 03/23/2023 GRAINGER 2,721.76 434476 03/23/2023 GENES AUTO GLASS INC 515.00 434477 03/23/2023 SAFETY KLEEN SYSTEMS INC 185.60 434478 03/23/2023 GRAYBAR ELECTRIC CO INC 3,250.44 434479 03/23/2023 APPLE INDUSTRIAL SUPPLY CO 52.00 434480 03/23/2023 LFI FORT PIERCE INC 816.00 434481 03/23/2023 CLIFF BERRY INC 411.60 434482 03/23/2023 DIVE RESCUE INC 2,189.78 434483 03/23/2023 EXPRESS REEL GRINDING INC 2,830.00 434484 03/23/2023 TIRESOLES OF BROWARD INC 6,955.40 434485 03/23/2023 NEWMANS POWER SYSTEMS 1,374.85 434486 03/23/2023 DELL MARKETING LP 3,383.60 434487 03/23/2023 GOLF SPECIALTIES INC 2,330.00 434488 03/23/2023 MIDWEST TAPE LLC 1,392.77 434489 03/23/2023 ODYSSEY MANUFACTURING CO 42,000.00 434490 03/23/2023 BAKER DISTRIBUTING CO LLC 137.20 434491 03/23/2023 CENGAGE LEARNING INC 786.38 434492 03/23/2023 JIMMYS AIR & REFRIGERATION INC 497.00 434493 03/23/2023 SOFTWARE HARDWARE INTEGRATION 2,326.50 434494 03/23/2023 WILLIE C REAGAN 850.00 434495 03/23/2023 CLERK OF CIRCUIT COURT 269.55 434496 03/23/2023 CLERK OF CIRCUIT COURT 738.00 434497 03/23/2023 CLERK OF CIRCUIT COURT 674.00 434498 03/23/2023 CLERK OF CIRCUIT COURT 37.00 434499 03/23/2023 CLERK OF CIRCUIT COURT 158.90 434500 03/23/2023 CLERK OF CIRCUIT COURT 901.50 434501 03/23/2023 ROGER J NICOSIA 240.00 434502 03/23/2023 CITY OF VERO BEACH 6,949.20 434503 03/23/2023 INDIAN RIVER ALL FAB INC 1,460.00 434504 03/23/2023 TREASURE COAST HOMELESS SERVICES 13,226.34 434505 03/23/2023 BRACKETT FAMILY LIMITED PARTNERSHIP 1,174.00 434506 03/23/2023 ST JOHNS RIVER WATER MGMT DISTRICT 270.00 434507 03/23/2023 FEDERAL EXPRESS CORP 209.59 434508 03/23/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 117.29 434509 03/23/2023 FLORIDA POWER AND LIGHT 60,566.98 434510 03/23/2023 COMPLETE ELECTRIC INC 2,963.04 434511 03/23/2023 BE SAFE SECURITY ALARMS INC 659.10 434512 03/23/2023 L WALTON ELECTRIC INC 446.00 434513 03/23/2023 LARRY STALEY 706.00 434514 03/23/2023 JOHN BROWN & SONS INC 2,000.00 434515 03/23/2023 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 27.50 434516 03/23/2023 CHILDRENS HOME SOCIETY OF FL 1,250.00 434517 03/23/2023 DAVID SPARKS 808.00 434518 03/23/2023 FORT PIERCE HOUSING AUTHORITY 825.00 434519 03/23/2023 BRIDGESTONE AMERICAS INC 2,454.32 434520 03/23/2023 MIDWEST MOTOR SUPPLY CO 1,161.56 434521 03/23/2023 THE PALMS AT VERO BEACH 2,736.00 434522 03/23/2023 TRANE US INC 41,459.26 434523 03/23/2023 HULETT ENVIRONMENTAL SERVICES 753.00 434524 03/23/2023 ARTHUR PRUETT 798.00 434525 03/23/2023 SYNAGRO-WWT INC 78,791.69 434526 03/23/2023 FLORIDA RURAL LEGAL SERVICES INC 5,578.06 434527 03/23/2023 THE SHERWIN WILLIAMS CO 660.81 434528 03/23/2023 SOUTHERN JANITOR SUPPLY INC 2,882.58 434529 03/23/2023 MICHAEL JAHOLKOWSKI 554.00 434530 03/23/2023 JACKS COMPLETE TREE SERVICE INC 4,500.00 434531 03/23/2023 GLOVER OIL COMPANY INC 49,602.63 434532 03/23/2023 BILL BRESSETT 240.00 434533 03/23/2023 RICHARD SCHLITT 862.00 16 TRANS NBR DATE VENDOR AMOUNT 434534 03/23/2023 AMERICAN WATER WORKS ASSOCIATION 266.00 434535 03/23/2023 1 ST FIRE & SECURITY INC 210.00 434536 03/23/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 18.20 434537 03/23/2023 SUNCOAST REALTY & RENTAL MGMT LLC 753.00 434538 03/23/2023 PAMELA R CUMMINGS 689.00 434539 03/23/2023 JOHNNY B SMITH 415.00 434540 03/23/2023 THOR GUARD INC 1,174.43 434541 03/23/2023 INDIAN RIVER RDA LP 532.00 434542 03/23/2023 ASSOCIATION OF STATE FLOODPLAIN MANAGERS 120.00 434543 03/23/2023 SIMS CRANE & EQUIPMENT CO 729.30 434544 03/23/2023 PETER J CASSARA 1,750.00 434545 03/23/2023 SOUTHEAST SECURE SHREDDING 982.52 434546 03/23/2023 TREASURE COAST FOOD BANK INC 474.84 434547 03/23/2023 NICOLACE MARKETING INC 7,370.80 434548 03/23/2023 OKEECHOBEE PARTNERS LLC 1,050.00 434549 03/23/2023 HELPING ANIMALS LIVE-OVERCOME 33.00 434550 03/23/2023 AMERICAN TRAFFIC SAFETY 424.00 434551 03/23/2023 STAT MEDICAL DISPOSAL INC 450.00 434552 03/23/2023 OVERDRIVE INC 2,230.94 434553 03/23/2023 MISS INC OF THE TREASURE COAST 1,950.00 434554 03/23/2023 NEWSOM OIL COMPANY 1,062.50 434555 03/23/2023 FIVE STAR PROPERTY HOLDING LLC 1,407.00 434556 03/23/2023 WILD TURKEY ESTATES OF VERO LLC 1,282.32 434557 03/23/2023 ALAN JAY FORD LINCOLN MERCURY INC 35,084.00 434558 03/23/2023 ALADTEC INC 5,354.53 434559 03/23/2023 CARDINAL HEALTH 110 INC 466.10 434560 03/23/2023 BURNETT LIME CO INC 11,297.96 434561 03/23/2023 SOUTHERN MANAGEMENT LLC 41,550.00 434562 03/23/2023 STEWART & STEVENSON FDDA LLC 4,069.00 434563 03/23/2023 THE LAW OFFICES OF 2,978.75 434564 03/23/2023 STS MAINTAIN SERVICES INC 17,700.00 434565 03/23/2023 WILKE INC 512.33 434566 03/23/2023 AUGUSTUS B FORT JR 939.00 434567 03/23/2023 CATHEDRAL CORPORATION 1,749.64 434568 03/23/2023 UNIFIRST CORPORATION 1,717.38 434569 03/23/2023 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 116.95 434570 03/23/2023 H&H SHADOWBROOK LLC 737.00 434571 03/23/2023 CDA SOLUTIONS INC 12,515.79 434572 03/23/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 1,922.85 434573 03/23/2023 FLORIDA EAST COAST HOLDINGS CORP 3,934.00 434574 03/23/2023 WEDGEWOOD RENTALS LLC 768.00 434575 03/23/2023 CDW LLC 480.84 434576 03/23/2023 MATHESON TRI-GAS INC 5,187.00 434577 03/23/2023 COLE AUTO SUPPLY INC 8,409.76 434578 03/23/2023 RHOADES AIR & HEAT 250.00 434579 03/23/2023 BETH NOLAN 150.00 434580 03/23/2023 NKW PIP HOLDINGS I LLC 942.00 434581 03/23/2023 GOVDIRECT INC 2,264.10 434582 03/23/2023 CORE & MAIN LP 76,212.13 434583 03/23/2023 BROWNELLS INC 12,478.00 434584 03/23/2023 WOERNER AGRIBUSINESS LLC 292.00 434585 03/23/2023 KARL POKRANDT 1,109.00 434586 03/23/2023 ENGINEERED SERVICES INC 586.50 434587 03/23/2023 BRANDON ROUER 3,231.00 434588 03/23/2023 HUDSON CONSULTING & MANAGEMENT LLC 716.00 434589 03/23/2023 AMAZON CAPITAL SERVICES INC 3,711.50 434590 03/23/2023 TREASURE COAST PLUMBING LLC 1,400.00 434591 03/23/2023 PACE ANALYTICAL SERVICES LLC 58.80 434592 03/23/2023 AMERIGAS PROPANE LP 3,686.72 434593 03/23/2023 DAVID MIKE 200.00 17 4 TRANS NBR DATE VENDOR AMOUNT 434594 03/23/2023 JORDAN POWER EQUIPMENT CORP 2,959.86 434595 03/23/2023 CK CONTRACTORS & DEVELOPMENT LLC 147,162.91 434596 03/23/2023 PC SOLUTIONS & INTEGRATION INC 4,700.00 434597 03/23/2023 DERECK R PRINCE 105.00 434598 03/23/2023 MULLINAX FORD OF VERO BEACH 1,405.52 434599 03/23/2023 JUDITH A BURLEY 307.50 434600 03/23/2023 SEBASTIAN RIVER ROWING INC 3,250.00 434601 03/23/2023 SHARON P BRENNAN 602.00 434602 03/23/2023 PUMP SERVICE & IRRIGATION INC 1,362.12 434603 03/23/2023 SAFEWARE INC 511.25 434604 03/23/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 76.26 434605 03/23/2023 DESK SPINCO INC 988.86 434606 03/23/2023 EFLASH NEWSLETTERS LLC 250.00 434607 03/23/2023 A PLUS PROPERTY MANAGEMENT INC 3,094.00 434608 03/23/2023 FERGUSON US HOLDINGS INC 273.00 434609 03/23/2023 ORCHARD GROVE VENTURE LLC 675.00 434610 03/23/2023 STAPLES INC 27.12 434611 03/23/2023 LOWES COMPANIES INC 4,417.39 434612 03/23/2023 SMI TRADING LLC 3.80 434613 03/23/2023 ENVIRONMENTAL PRODUCTS GROUP INC 308,462.20 434614 03/23/2023 BREGO PROPERTIES LLC 750.00 434615 03/23/2023 SPORTS ENGINE INC 92.50 434616 03/23/2023 ROBERT A HUDSON 350.00 434617 03/23/2023 SREIT LEXINGTON CLUB LLC 4,476.00 434618 03/23/2023 THEODORE SEMI 200.00 434619 03/23/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 484.00 434620 03/23/2023 MARLBROS HOLDINGS LLC 1,341.00 434621 03/23/2023 AQUATIC WEED CONTROL INC 145.00 434622 03/23/2023 BRITTON INDUSTRIES INC 295.75 434623 03/23/2023 JUNIPER LANDSCAPING OF FLORIDA LLC 1,162.00 434624 03/23/2023 LAWRENCE F WALLIN 275.00 434625 03/23/2023 HIREQUEST LLC 5,601.33 434626 03/23/2023 PETERBILT STORE SOUTH FLORIDA LLC 1,888.85 434627 03/23/2023 SEUNG KIM 708.00 434628 03/23/2023 A TEAM OF THE TREASURE COAST INC 860.00 434629 03/23/2023 NEX-GEN PARTNERS LLC 10,235.00 434630 03/23/2023 CLEAN SPACE INC 1,575.00 434631 03/23/2023 EZAS INVESTMENTS LLC 1,300.00 434632 03/23/2023 MICHAEL MILLER 1,361.00 434633 03/23/2023 MARUBENI AMERICA CORPORATION 1,800.00 434634 03/23/2023 RS REALTY ADVISORS LLC 2,101.00 434635 03/23/2023 DOBBS EQUIPMENT LLC 459.39 434636 03/23/2023 SUPERIOR FLOOR COATINGS LLC 5,600.00 434637 03/23/2023 WILLIAM J LAHEY 1,900.00 434638 03/23/2023 SONIA SUSAN SOSA 993.00 434639 03/23/2023 ULTIMATE PROPERTIES & LOGISTICS LLC 2,450.00 434640 03/23/2023 SHRIEVE CHEMICAL CO LLC 4,666.35 434641 03/23/2023 PB PARENT HOLDCO LP 3,345.00 434642 03/23/2023 FS.COM INC 6,086.90 434643 03/23/2023 BAZON-COX & ASSOCIATES INC 5,079.38 434644 03/23/2023 METZ CULINARY MANAGEMENT LLC 3,734.97 434645 03/23/2023 SEVEN ISLES CAPITAL 2,333.00 434646 03/23/2023 OSCARALVARADO 709.00 434647 03/23/2023 RONALD MARASCO SR 395.00 434648 03/23/2023 NATIONAL CONSTRUCTION RENTALS INC 309.12 434649 03/23/2023 TAYLOR NELSON AUXIER 175.00 434650 03/23/2023 GULF MATERIALS SALES LLC 11,980.00 434651 03/23/2023 ANCHOR MECHANICAL INC 1,305.00 434652 03/23/2023 KAREN CHENNELL 2,243.00 434653 03/23/2023 JT VERO PROPERTIES LLC 3,348.00 M TRANS NBR DATE VENDOR AMOUNT 434654 03/23/2023 ADAMS AND RUBIN FENCE INC 5,358.00 434655 03/23/2023 SM REALTY PARTNERS LLC 2,207.00 434656 03/23/2023 XEROX CORPORATION 158.24 434657 03/23/2023 BLUETARP FINANCIAL INC 2,010.44 434658 03/23/2023 IXORIA RE LLC 2,414.00 434659 03/23/2023 DONNA W ROBERTS 60.00 434660 03/23/2023 HI LIFE PROPERTY MANAGEMENT LLC 1,578.00 434661 03/23/2023 JORDAN PARKER 125.00 434662 03/23/2023 JB JONES JR 721.00 434663 03/23/2023 UNA GRAHAM 1,400.00 434664 03/23/2023 HAR-RO PROPERTIES LLC 1,030.00 434665 03/23/2023 EUROFINS ENVIRONMENT TESTING AMERICA HOLDI? 3,736.00 434666 03/23/2023 ARBON EQUIPMENT CORPORATION 13,317.38 434667 03/23/2023 WHIPPS INC 1,800.00 434668 03/23/2023 NICOLE ALBANO 90.00 434669 03/23/2023 CH3 SOLUTIONS LLC 549.03 434670 03/23/2023 JOHN DAVID HAYES 2,600.00 434671 03/23/2023 WILLIAM M DOWNEY 4,100.00 434672 03/23/2023 INTERACTION INSIGHT CORPORATION 33,671.00 434673 03/23/2023 MELISSA VALLE 90.00 434674 03/23/2023 NELLYANA LANG 5.00 434675 03/23/2023 CAROL W SCHULZ 375.00 434676 03/23/2023 BENJAMIN DUMONT 750.00 434677 03/23/2023 UNION PRESBYTERIAN SEMINARY 90.00 434678 03/23/2023 FISHERS OF MEN MINISTRIES INC 3,500.00 434679 03/23/2023 GARY C ALERTE JR 750.00 Grand Total: 2,850,308.19 19 TRANS NBR DATE 902538 03/23/2023 902539 03/23/2023 902540 03/23/2023 902541 03/23/2023 902542 03/23/2023 902543 03/23/2023 Grand Total: RENTAL ASSISTANCE CHECKS WRITTEN VENDOR BREVARD COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY ORCHARD GROVE VENTURE LLC VERO BEACH LEASED HOUSING ASSOC III LLLP STREIT RIVER PARK PLACE LLC STARWOOD REIT OPERATING PARTNERSHIP LP AMOUNT 150.00 642.00 789.00 911.00 560.00 1,355.00 4,407.00 20 ELECTRONIC PAYMENT - VISA CARD TRANS NBR DATE VENDOR AMOUNT 1020459 03/17/2023 AT&T CORP 5.29 1020460 03/17/2023 AT&T CORP 971.00 1020461 03/17/2023 OFFICE DEPOT INC 3,074.63 1020462 03/17/2023 COMCAST 348.45 1020463 03/17/2023 WASTE MANAGEMENT INC OF FLORIDA 13,546.71 1020464 03/22/2023 AT&T CORP 198.00 1020465 03/22/2023 OFFICE DEPOT INC 143.93 1020466 03/22/2023 COMCAST 647.70 1020467 03/22/2023 WASTE MANAGEMENT INC OF FLORIDA 887.84 1020468 03/23/2023 PARKS RENTAL & SALES INC 182.66 1020469 03/23/2023 INDIAN RIVER OXYGEN INC 243.50 1020470 03/23/2023 MIKES GARAGE & WRECKER SERVICE INC 125.00 1020471 03/23/2023 MEEKS PLUMBING INC 296.00 1020472 03/23/2023 IRRIGATION CONSULTANTS UNLIMITED INC 483.04 1020473 03/23/2023 WIGINTON CORPORATION 468.75 1020474 03/23/2023 DLT SOLUTIONS LLC 3,697.67 1020475 03/23/2023 TOTAL TRUCK PARTS INC 309.55 1020476 03/23/2023 AUTO PARTNERS LLC 12.28 1020477 03/23/2023 ALLIED DIVERSIFIED OF VERO BEACH LLC 100.00 1020478 03/23/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 65.50 Grand Total: 25,807.50 21 ELECTRONIC PAYMENTS - WIRES & ACH TRANS NBR DATE VENDOR AMOUNT 10368 03/17/2023 SCHOOL DISTRICT OF I R COUNTY 74,861.00 10369 03/17/2023 TEAMSTERS LOCAL UNION #769 5,413.00 10370 03/17/2023 MUTUAL OF OMAHA 2,763.75 10371 03/17/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 10,207.30 10372 03/17/2023 IRC FIRE FIGHTERS ASSOC 10,438.22 10373 03/17/2023 NATIONAL METERING SERVICES INC 22,585.91 10374 03/17/2023 LINCOLN RETIREMENT 88,387.99 10375 03/17/2023 FL SDU 3,328.49 10376 03/20/2023 IRS -PAYROLL TAXES 530,486.42 10377 03/21/2023 CULTURAL COUNCIL OF IRC 4,139.20 10378 03/21/2023 IRC CHAMBER OF COMMERCE 85,256.72 10379 03/21/2023 VETERANS COUNCIL OF I R C 6,178.33 10380 03/21/2023 SENIOR RESOURCE ASSOCIATION 378,838.55 10381 03/22/2023 FIRST AMERICAN TITLE INSURANCE CO 74,423.00 10382 03/22/2023 PROGRESSIVE INSURANCE 74,032.00 10383 03/23/2023 U S BANK NATIONAL ASSOCIATION 401,375.00 Grand Total: 1,772,714.88 22 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: MARCH 30, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 24, 2023 TO March 30, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of March 24, 2023 to March 30, 2023. 23 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 434680 03/30/2023 UNIVERSITY OF FLORIDA 200.00 434681 03/30/2023 UNIVERSITY OF FLORIDA 550.00 434682 03/30/2023 JOSEPH EARMAN 373.28 434683 03/30/2023 WILLIAM COLLINS 103.19 434684 03/30/2023 AT&T WIRELESS 106.29 434685 03/30/2023 EDLUND DRITENBAS BINKLEY ARCHITECTS 596.25 434686 03/30/2023 ENVIRONMENTAL LEARNING CENTER INC 1,022.52 434687 03/30/2023 INTERNATIONAL GOLF MAINTENANCE INC 111,444.25 434688 03/30/2023 FLORIDA POWER AND LIGHT 8,342.75 434689 03/30/2023 FISHER & PHILLIPS LLP 1,062.00 434690 03/30/2023 CANARX GROUP INC 4,874.40 434691 03/30/2023 STATE OF FLORIDA 19,925.90 434692 03/30/2023 CONSOR ENGINEERS LLC 162,384.20 434693 03/30/2023 CENSTATE CONTRACTORS INC 27,068.66 434694 03/30/2023 OHLA USA INC 122,979.52 434695 03/30/2023 COLIN PHILLIP BAENZIGER 34,500.00 434696 03/30/2023 MAKAYLA KIARRAH WILLIAMS 100.00 434697 03/30/2023 CHRISTOPHER & MONICA ROBINSON 230.62 434698 03/30/2023 MELVINA GENT 65.52 434699 03/30/2023 DELLA SMITH 80.52 434700 03/30/2023 DEREK ROUDEBUSH 13.68 434701 03/30/2023 UTIL REFUNDS 38.24 434702 03/30/2023 UTIL REFUNDS 31.43 434703 03/30/2023 UTIL REFUNDS 31.65 434704 03/30/2023 UTIL REFUNDS 6.34 434705 03/30/2023 UTIL REFUNDS 101.61 434706 03/30/2023 UTIL REFUNDS 100.00 434707 03/30/2023 UTIL REFUNDS 59.32 434708 03/30/2023 UTIL REFUNDS 23.30 434709 03/30/2023 UTIL REFUNDS 189.54 434710 03/30/2023 UTIL REFUNDS 64.06 434711 03/30/2023 UTIL REFUNDS 34.54 434712 03/30/2023 UTIL REFUNDS 92.31 434713 03/30/2023 UTIL REFUNDS 188.43 434714 03/30/2023 UTIL REFUNDS 37.03 434715 03/30/2023 UTIL REFUNDS 40.30 434716 03/30/2023 UTIL REFUNDS 64.55 434717 03/30/2023 UTIL REFUNDS 50.99 434718 03/30/2023 UTIL REFUNDS 383.23 434719 03/30/2023 UTIL REFUNDS 39.02 434720 03/30/2023 UTIL REFUNDS 197.18 434721 03/30/2023 UTIL REFUNDS 23.98 434722 03/30/2023 UTIL REFUNDS 34.72 434723 03/30/2023 UTIL REFUNDS 71.85 434724 03/30/2023 UTIL REFUNDS 43.77 434725 03/30/2023 UTIL REFUNDS 40.85 434726 03/30/2023 UTIL REFUNDS 59.72 434727 03/30/2023 UTIL REFUNDS 34.79 434728 03/30/2023 UTIL REFUNDS 38.39 434729 03/30/2023 UTIL REFUNDS 45.15 434730 03/30/2023 UTIL REFUNDS 30.39 434731 03/30/2023 UTIL REFUNDS 55.45 434732 03/30/2023 UTIL REFUNDS 71.61 434733 03/30/2023 UTIL REFUNDS 60.18 434734 03/30/2023 UTIL REFUNDS 121.32 434735 03/30/2023 UTIL REFUNDS 37.18 434736 03/30/2023 UTIL REFUNDS 3.84 24 TRANS NBR DATE VENDOR AMOUNT 434737 03/30/2023 UTIL REFUNDS 43.69 434738 03/30/2023 UTIL REFUNDS 54.25 434739 03/30/2023 UTIL REFUNDS 53.00 434740 03/30/2023 UTIL REFUNDS 2.09 434741 03/30/2023 UTIL REFUNDS 26.72 434742 03/30/2023 UTIL REFUNDS 66.64 434743 03/30/2023 UTIL REFUNDS 56.71 434744 03/30/2023 UTIL REFUNDS 67.22 434745 03/30/2023 UTIL REFUNDS 52.43 434746 03/30/2023 UTIL REFUNDS 13.62 434747 03/30/2023 UTIL REFUNDS 69.57 434748 03/30/2023 UTIL REFUNDS 144.31 434749 03/30/2023 UTIL REFUNDS 93.51 434750 03/30/2023 TYLER TECHNOLOGIES INC 44,364.77 434751 03/30/2023 PORT CONSOLIDATED INC 1,328.59 434752 03/30/2023 COMMUNICATIONS INTERNATIONAL 611.49 434753 03/30/2023 TEN -8 FIRE EQUIPMENT INC 543.58 434754 03/30/2023 RANGER CONSTRUCTION IND INC 1,083.52 434755 03/30/2023 VERO CHEMICAL DISTRIBUTORS INC 1,043.50 434756 03/30/2023 RICOH USA INC 132.20 434757 03/30/2023 SAFETY PRODUCTS INC 622.33 434758 03/30/2023 DATA FLOW SYSTEMS INC 13,164.97 434759 03/30/2023 E -Z BREW COFFEE & BOTTLE WATER SVC 34.00 434760 03/30/2023 INDIAN RIVER BATTERY 118.00 434761 03/30/2023 GRAINGER 326.80 434762 03/30/2023 TEMPLE INC 625.00 434763 03/30/2023 APPLE INDUSTRIAL SUPPLY CO 227.66 434764 03/30/2023 WILD LAND ENTERPRISES INC 9.80 434765 03/30/2023 LFI FORT PIERCE INC 816.00 434766 03/30/2023 CLIFF BERRY INC 253.05 434767 03/30/2023 AVERY DENNISON CORPORATION 1,711.68 434768 03/30/2023 BOUND TREE MEDICAL LLC 35.00 434769 03/30/2023 EXPRESS REEL GRINDING INC 250.00 434770 03/30/2023 TIRESOLES OF BROWARD INC 4,087.64 434771 03/30/2023 EDLUND DRITENBAS BINKLEYARCHITECTS 11,269.70 434772 03/30/2023 ABCO GARAGE DOOR CO INC 12,640.00 434773 03/30/2023 CHILDCARE RESOURCES OF IRC INC 24,292.62 434774 03/30/2023 UTILITY SERVICE CO INC 2,296.00 434775 03/30/2023 ODYSSEY MANUFACTURING CO 5,250.00 434776 03/30/2023 K & M ELECTRIC SUPPLY INC 44.93 434777 03/30/2023 JIMMYS AIR & REFRIGERATION INC 461.52 434778 03/30/2023 SUNSHINE REHABILATION CENTER OF IRC INC 2,035.00 434779 03/30/2023 PING INC 2,210.37 434780 03/30/2023 CITY OF VERO BEACH 258.51 434781 03/30/2023 APPLE MACHINE & SUPPLY CO 413.40 434782 03/30/2023 HOME DEPOT USA INC 621.08 434783 03/30/2023 HOME DEPOT USA INC 1,546.45 434784 03/30/2023 JANITORIAL DEPOT OF AMERICA INC 918.71 434785 03/30/2023 ROGER CLEVELAND GOLF INC 11,546.88 434786 03/30/2023 ACUSHNET COMPANY 2,107.33 434787 03/30/2023 FEDERAL EXPRESS CORP 23.20 434788 03/30/2023 COMO OIL COMPANY OF FLORIDA 105.00 434789 03/30/2023 CALLAWAY GOLF SALES COMPANY 370.72 434790 03/30/2023 FLORIDA POWER AND LIGHT 158,391.27 434791 03/30/2023 FLORIDA POWER AND LIGHT 6,212.98 434792 03/30/2023 TAYLOR MADE GOLF CO INC 2,094.73 434793 03/30/2023 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,952.20 434794 03/30/2023 IRC HEALTHY START COALITION INC 17,125.00 434795 03/30/2023 IRC HEALTHY START COALITION INC 10,018.94 434796 03/30/2023 INDIAN RIVER FARMS WATER CNTRL DIST 277.50 25 PA TRANS NBR DATE VENDOR AMOUNT 434797 03/30/2023 PITNEY BOWES INC 462.54 434798 03/30/2023 JOHN BROWN & SONS INC 5,750.00 434799 03/30/2023 ELXSI INC 987.79 434800 03/30/2023 PERKINS COMPOUNDING PHARMACY 25.04 434801 03/30/2023 HULETT ENVIRONMENTAL SERVICES 142.50 434802 03/30/2023 CINTAS CORPORATION NO 2 221.40 434803 03/30/2023 THE CLEARING COMPANY LLC 5,598.00 434804 03/30/2023 BIG BROTHERS AND BIG SISTERS 9,349.20 434805 03/30/2023 FASTENAL COMPANY 60.15 434806 03/30/2023 SOUTHERN JANITOR SUPPLY INC 4,738.79 434807 03/30/2023 ORCHID ISLAND PROPERTY MGMT II INC 2,850.00 434808 03/30/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 650.22 434809 03/30/2023 GLOBALSTAR USA 224.11 434810 03/30/2023 REDLANDS CHRISTIAN MIGRANT ASSOC 3,948.59 434811 03/30/2023 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 10,478.61 434812 03/30/2023 DANA SAFETY SUPPLY INC 328.19 434813 03/30/2023 NICOLACE MARKETING INC 6,295.00 434814 03/30/2023 BRENNTAG MID -SOUTH INC 23,130.65 434815 03/30/2023 XYLEM WATER SOLUTION USA INC 1,132.92 434816 03/30/2023 NEWSOM OIL COMPANY 475.50 434817 03/30/2023 WILD TURKEY ESTATES OF VERO LLC 574.92 434818 03/30/2023 CARDINAL HEALTH 110 INC 3,165.17 434819 03/30/2023 MUNICIPAL EMERGENCY SERVICES INC 82,355.28 434820 03/30/2023 BURNETT LIME CO INC 3,779.82 434821 03/30/2023 CALDWELL PACETTI EDWARDS 1,320.00 434822 03/30/2023 CHEMTRADE CHEMICALS CORPORTATION 14,070.87 434823 03/30/2023 TRINOVA -FLORIDA INC 538.97 434824 03/30/2023 STS MAINTAIN SERVICES INC 10,552.50 434825 03/30/2023 SWARCO INDUSTRIES INC 21,550.00 434826 03/30/2023 COBRA GOLF INCORPORATED 153.87 434827 03/30/2023 HAWKINS INC 3,543.75 434828 03/30/2023 CATHEDRAL CORPORATION 875.09 434829 03/30/2023 UNIFIRST CORPORATION 572.83 434830 03/30/2023 WILSON SPORTING GOODS CO 1,620.11 434831 03/30/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 289.11 434832 03/30/2023 GOTTA GO GREEN ENTERPISES INC 190.83 434833 03/30/2023 HYDROMAX USA LLC 54,287.00 434834 03/30/2023 BARSALOU VENTURES LLC 553.73 434835 03/30/2023 CROSSOVER MISSION INC 14,166.00 434836 03/30/2023 EASTERN PIPELINE CONSTRUCTION INC 10,025.00 434837 03/30/2023 CDW LLC 120.21 434838 03/30/2023 BIBLIOTHECA LLC 5,349.75 434839 03/30/2023 MATHESON TRI -GAS INC 10,432.50 434840 03/30/2023 COLE AUTO SUPPLY INC 2,190.09 434841 03/30/2023 GOLF GENIUS SOFTWARE LLC 3,500.00 434842 03/30/2023 DAY DREAMS UNIFORMS INC 375.60 434843 03/30/2023 DAVE FORD PAINTING INC 32,652.00 434844 03/30/2023 NESTLE WATERS NORTH AMERICA 109.51 434845 03/30/2023 ENVIRONMENTAL OPERATING SOLUTION INC 16,994.24 434846 03/30/2023 CORE & MAIN LP 1,518.46 434847 03/30/2023 WOERNER AGRIBUSINESS LLC 152.00 434848 03/30/2023 FLOMOTION SYSTEMS INC 673.00 434849 03/30/2023 BOTTOMS UP BEVERAGE OF FLORIDA LLC 1,416.00 434850 03/30/2023 OSBURN ASSOCIATES INC 3,952.30 434851 03/30/2023 ARI PHOENIX INC 5,075.93 434852 03/30/2023 AMAZON CAPITAL SERVICES INC 2,771.15 434853 03/30/2023 TREASURE COAST PLUMBING LLC 169.50 434854 03/30/2023 THE HOPE FOR FAMILIES CENTER INC 3,801.19 434855 03/30/2023 JORDAN POWER EQUIPMENT CORP 95.44 434856 03/30/2023 LIBERTY TIRE RECYCLING LLC 3,914.80 TRANS NBR DATE VENDOR AMOUNT 434857 03/30/2023 MULLINAX FORD OF VERO BEACH 498.62 434858 03/30/2023 KRONOS SAASHR INC 41.58 434859 03/30/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 84.63 434860 03/30/2023 DESK SPINCO INC 1,105.50 434861 03/30/2023 MT CAUSLEY LLC 34,507.00 434862 03/30/2023 FERGUSON US HOLDINGS INC 5,267.09 434863 03/30/2023 BLUE GOOSE CONSTRUCTION LLC 3,021.73 434864 03/30/2023 STAPLES INC 217.20 434865 03/30/2023 LOWES COMPANIES INC 3,687.14 434866 03/30/2023 GOOD SPORTSMAN MARKETING LLC 801.20 434867 03/30/2023 QUADMED INC 5,659.78 434868 03/30/2023 BRITTON INDUSTRIES INC 272.29 434869 03/30/2023 HIREQUEST LLC 4,410.63 434870 03/30/2023 PETERBILT STORE SOUTH FLORIDA LLC 980.71 434871 03/30/2023 CER SIGNATURE CLEANING LLC 3,800.00 434872 03/30/2023 SHAMROCK ENVIRONMENTAL CORPORATION 4,457.44 434873 03/30/2023 CROM LLC 27,690.00 434874 03/30/2023 GOMEZ BROTHERS CONTRACT SERVICES 10,403.36 434875 03/30/2023 PIVOTAL UTILITY HOLDINGS INC 39.93 434876 03/30/2023 SHRIEVE CHEMICAL CO LLC 4,444.24 434877 03/30/2023 BTAC HOLDING CORP 10,911.87 434878 03/30/2023 PB PARENT HOLDCO LP 1,812.50 434879 03/30/2023 FS.COM INC 6.00 434880 03/30/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 600.00 434881 03/30/2023 QUIKRETE HOLDINGS INC 40,530.60 434882 03/30/2023 US ECOLOGY TAMPA INC 28,188.00 434883 03/30/2023 JAMES MCALHANY 35,400.00 434884 03/30/2023 DONNA W ROBERTS 60.00 434885 03/30/2023 EUROFINS ENVIRONMENT TESTING AMERICA HOLDII 3,392.00 434886 03/30/2023 IDENTRUST INC 927.00 434887 03/30/2023 MACKENZIE ENTERPRISES 412.90 Grand Total: 1,476,115.85 27 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 902544 03/30/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 1,866.00 Grand Total: 1,866.00 ELECTRONIC PAYMENT - VISA CARD TRANS NBR DATE 1020479 03/29/2023 1020480 03/29/2023 1020481 03/29/2023 1020482 03/29/2023 1020483 03/29/2023 1020484 03/30/2023 1020485 03/30/2023 1020486 03/30/2023 1020487 03/30/2023 1020488 03/30/2023 1020489 03/30/2023 Grand Total: VENDOR AMOUNT AT&T CORP 5,667.90 AT&T CORP 6.85 AT&T CORP 5.76 OFFICE DEPOT INC 2,004.04 COMCAST 583.51 IRRIGATION CONSULTANTS UNLIMITED INC 19.22 GROVE WELDERS INC 141.12 DLT SOLUTIONS LLC 6,096.38 GUARDIAN ALARM OF FLORIDA LLC 745.00 EFE INC 1,121.78 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 54.90 16,446.46 29 ELECTRONIC PAYMENTS - WIRES & ACH TRANS NBR DATE VENDOR AMOUNT 10384 03/24/2023 KIMLEY HORN & ASSOC INC 2,182.50 10385 03/24/2023 CER SIGNATURE CLEANING LLC 12,852.00 10386 03/28/2023 INDIAN RIVER COUNTY SHERIFF 230,074.30 10387 03/28/2023 IRC CHAMBER OF COMMERCE 17,939.08 10388 03/28/2023 RX BENEFITS INC 244,709.31 10389 03/28/2023 EDH HOLDINGS LLC 6,398.09 10390 03/28/2023 EDH HOLDINGS LLC 5,326.75 10391 03/28/2023 HEALTH ADVOCATE SOLUTIONS INC 3,511.65 10392 03/29/2023 FIRST AMERICAN TITLE INSURANCE CO 74,032.00 10393 03/30/2023 KIMLEY HORN & ASSOC INC 8,043.90 10394 03/30/2023 KIMLEY HORN & ASSOC INC 142,954.61 10395 03/30/2023 ALLSTATE 95.84 10396 03/30/2023 ALLEN CONCRETE & MASONRY INC 36,265.47 Grand Total: 784,385.50 30 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801270' Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: April 6, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 31, 2023 to April 6, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of March 31, 2023 to April 6, 2023. 31 ll "01WIN"AR"SWO TRANS NBR DATE VENDOR AMOUNT 434888 03/31/2023 UNITED WAY OF INDIAN RIVER COUNTY 395.00 434889 03/31/2023 NORTH CAROLINA CHILD SUPPORT 105.69 434890 03/31/2023 AMERITAS 34,421.28 434891 03/31/2023 COMMONWEALTH OF MASSACHUSETTS 154.00 434892 03/31/2023 NORTH DAKOTA CHILD SUPPORT 228.47 434893 04/06/2023 MUNICIPAL EQUIPMENT COMPANY LLC 13,300.81 434894 04/06/2023 RICOH USA INC 127.93 434895 04/06/2023 AT&T WIRELESS 172.92 434896 04/06/2023 GRAINGER 74.84 434897 04/06/2023 REPUBLIC SERVICES INC 546,286.00 434898 04/06/2023 SCHULKE BITTLE & STODDARD LLC 3,700.00 434899 04/06/2023 INDIAN RIVER COUNTY HEALTH DEPT 7,525.58 434900 04/06/2023 AT&T CORP 1,273.52 434901 04/06/2023 GEOSYNTEC CONSULTANTS INC 9,205.37 434902 04/06/2023 FLORIDA POWER AND LIGHT 1,701.81 434903 04/06/2023 STATE ATTORNEY 18,629.29 434904 04/06/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434905 04/06/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434906 04/06/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 75.00 434907 04/06/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 434908 04/06/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 75.00 434909 04/06/2023 COLLEEN D'ANGELO 75.00 434910 04/06/2023 MICHAEL ANDERSON 75.00 434911 04/06/2023 CELICO PARTNERSHIP 1,427.81 434912 04/06/2023 ELECTRONIC ACCESS SPECIALIST 144.07 434913 04/06/2023 MICHAEL THIELE 75.00 434914 04/06/2023 MASTELLER & MOLER INC 5,750.90 434915 04/06/2023 CHARLES MESSER 75.00 434916 04/06/2023 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1,500.00 434917 04/06/2023 DE LA HOZ BUILDERS INC 23,208.00 434918 04/06/2023 REHMANN GROUP LLC 20,000.00 434919 04/06/2023 SOUTHERN MANAGEMENT LLC 22,699.50 434920 04/06/2023 REI ENGINEERS INC 2,814.00 434921 04/06/2023 KESSLER CONSULTING INC 9,001.01 434922 04/06/2023 ANDERSEN ANDRE CONSULTING ENGINEERS INC 10,616.00 434923 04/06/2023 BOWMAN CONSULTING GROUP LTD 12,838.11 434924 04/06/2023 TETRA TECH INC 22,057.71 434925 04/06/2023 WITT O'BRIEN'S LLC 542.50 434926 04/06/2023 LOWES COMPANIES INC 174.29 434927 04/06/2023 SENIOR COLLABORATIVE OF INDIAN RIVER COUNTY 500.00 434928 04/06/2023 DIANA HODGES 150.00 434929 04/06/2023 COMMANDLINK LLC 3,460.80 434930 04/06/2023 WEX HEALTH INC 5,748.95 434931 04/06/2023 BULK EXPRESS TRANSPORT INC 29,788.17 434932 04/06/2023 MARIA MORALES 500.00 434933 04/06/2023 BARBARA J KALIX 2,148.97 434934 04/06/2023 CLAUSSON P LEXOW 2,158.66 434935 04/06/2023 FLORIDA GOVERNMENT FINANCE 54.00 434936 04/06/2023 TYLER TECHNOLOGIES INC 1,240.00 434937 04/06/2023 MICHAEL ZITO 447.39 434938 04/06/2023 SEAN GIBBONS 57.00 434939 04/06/2023 DANIEL HULLEN 71.00 434940 04/06/2023 SSES INC 126.53 434941 04/06/2023 TEN -8 FIRE EQUIPMENT INC 280.16 434942 04/06/2023 RANGER CONSTRUCTION IND INC 1,052.72 434943 04/06/2023 VERO CHEMICAL DISTRIBUTORS INC 24.00 434944 04/06/2023 RICOH USA INC 243.84 434945 04/06/2023 TESCO SOUTH INCORPORATED 29,779.18 32 TRANS NBR DATE VENDOR AMOUNT 434946 04/06/2023 VERMEER SOUTHEAST 1,126.77 434947 04/06/2023 SAFETY PRODUCTS INC 1,605.69 434948 04/06/2023 DATA FLOW SYSTEMS INC 877.00 434949 04/06/2023 GRAINGER 1,039.90 434950 04/06/2023 GRAYBAR ELECTRIC CO INC 583.44 434951 04/06/2023 MCMASTER CARR SUPPLY CO 160.26 434952 04/06/2023 WILD LAND ENTERPRISES INC 14.70 434953 04/06/2023 LFI FORT PIERCE INC 2,222.43 434954 04/06/2023 SWE INC 1,250.00 434955 04/06/2023 BOUND TREE MEDICAL LLC 8,954.24 434956 04/06/2023 AMERICAN WATER CHEMICALS INC 36,053.76 434957 04/06/2023 CHILDCARE RESOURCES OF IRC INC 24,337.27 434958 04/06/2023 NEWMANS POWER SYSTEMS 4,851.60 434959 04/06/2023 WORLD INDUSTRIAL EQUIPMENT INC 1,995.31 434960 04/06/2023 MIDWEST TAPE LLC 2,609.01 434961 04/06/2023 ODYSSEY MANUFACTURING CO 26,247.90 434962 04/06/2023 HUDSON PUMP & EQUIPMENT 41,910.00 434963 04/06/2023 CENGAGE LEARNING INC 140.20 434964 04/06/2023 CITY OF VERO BEACH 484.77 434965 04/06/2023 APPLE MACHINE & SUPPLY CO 2,003.89 434966 04/06/2023 JANITORIAL DEPOT OF AMERICA INC 137.04 434967 04/06/2023 FLORIDA DEPT OF AGRICULTURE AND 100.00 434968 04/06/2023 ROGER CLEVELAND GOLF INC 120.25 434969 04/06/2023 FEDERAL EXPRESS CORP 134.57 434970 04/06/2023 COMO OIL COMPANY OF FLORIDA 74.35 434971 04/06/2023 COMO OIL COMPANY OF FLORIDA 80.00 434972 04/06/2023 MELVIN EVERETT 7,800.00 434973 04/06/2023 FLORIDA POWER AND LIGHT 116,616.77 434974 04/06/2023 FLORIDA POWER AND LIGHT 36,122.58 434975 04/06/2023 GIFFORD YOUTH ACHIEVEMENT CENTER INC 9,107.03 434976 04/06/2023 COMPLETE ELECTRIC INC 19,850.00 434977 04/06/2023 TREASURE COAST SPORTS COMMISSION INC 250.00 434978 04/06/2023 INDIAN RIVER COUNTY HISTORICAL 4,510.00 434979 04/06/2023 3 BALL ENTERPRISES LLC 828.46 434980 04/06/2023 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 63.00 434981 04/06/2023 ELXSI INC 1,025.33 434982 04/06/2023 BRIDGESTONE AMERICAS INC 19.99 434983 04/06/2023 RECHTIEN INTERNATIONAL TRUCKS 123.28 434984 04/06/2023 BROADCAST MUSIC INC 755.10 434985 04/06/2023 TRANE US INC 17,916.00 434986 04/06/2023 HULETT ENVIRONMENTAL SERVICES 245.50 434987 04/06/2023 FLORIDA DEPT OF JUVENILE JUSTICE 45,718.00 434988 04/06/2023 POLYDYNE INC 3,749.00 434989 04/06/2023 SOUTHERN JANITOR SUPPLY INC 4,055.62 434990 04/06/2023 GLOVER OIL COMPANY INC 48,709.79 434991 04/06/2023 CAROLE J MADIGAN 1,320.00 434992 04/06/2023 ORCHID ISLAND PROPERTY MGMT II INC 3,250.00 434993 04/06/2023 1ST FIRE & SECURITY INC 1,158.00 434994 04/06/2023 HINKLE & SONS SERVICES INC 675.00 434995 04/06/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 820.35 434996 04/06/2023 JOHNNY B SMITH 380.00 434997 04/06/2023 PETER J CASSARA 1,900.00 434998 04/06/2023 SOUTHEAST SECURE SHREDDING 45.00 434999 04/06/2023 MARINCO BIOASSAY LABORATORY INC 5,470.00 435000 04/06/2023 STAT MEDICAL DISPOSAL INC 30.00 435001 04/06/2023 CHEMETRICS INC 965.05 435002 04/06/2023 SYN -TECH SYSTEMS INC 1,848.50 435003 04/06/2023 OVERDRIVE INC 2,163.42 435004 04/06/2023 SUN GRAPHIC TECHNOLOGIES INC 766.96 435005 04/06/2023 ALAN JAY CHEVROLET CADILLAC 35,517.00 33 2 TRANS NBR DATE VENDOR AMOUNT 435006 04/06/2023 WILD TURKEY ESTATES OF VERO LLC 565.94 435007 04/06/2023 THOMAS C QUINA 600.00 435008 04/06/2023 CARDINAL HEALTH 110 INC 1,343.16 435009 04/06/2023 MUNICIPAL EMERGENCY SERVICES INC 480.25 435010 04/06/2023 BURNETT LIME CO INC 11,362.70 435011 04/06/2023 LEARNING ALLIANCE 11,003.35 435012 04/06/2023 STEWART & STEVENSON FDDA LLC 2,196.00 435013 04/06/2023 BSN SPORTS INC 219.32 435014 04/06/2023 TRINOVA-FLORIDA INC 7,267.48 435015 04/06/2023 STS MAINTAIN SERVICES INC 28,755.75 435016 04/06/2023 MICHAEL EDWARD HAMILTON 300.00 435017 04/06/2023 CATHEDRAL CORPORATION 409.60 435018 04/06/2023 UNIFIRST CORPORATION 2,238.36 435019 04/06/2023 LEAGUE OF AMERICAN WHEELMEN INC 45.00 435020 04/06/2023 CDA SOLUTIONS INC 300.00 435021 04/06/2023 SOLAR SOLUTIONS WINDOW TINTING INC 185.00 435022 04/06/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 1,096.05 435023 04/06/2023 GOTTA GO GREEN ENTERPISES INC 89.83 435024 04/06/2023 MATHESON TRI-GAS INC 5,114.20 435025 04/06/2023 COLE AUTO SUPPLY INC 154.53 435026 04/06/2023 KREMEDY LLC 3,500.00 435027 04/06/2023 BETH NOLAN 306.00 435028 04/06/2023 DAY DREAMS UNIFORMS INC 805.45 435029 04/06/2023 FLORIDA BULB & BALLAST INC 1,856.26 435030 04/06/2023 SSE ASSOCIATES INC 4,925.00 435031 04/06/2023 CORE & MAIN LP 8,440.75 435032 04/06/2023 WOERNER AGRIBUSINESS LLC 128.00 435033 04/06/2023 INTERIOR FLOORING SOLUTIONS INC 1,060.80 435034 04/06/2023 DIRECTV GROUP INC 87.99 435035 04/06/2023 AMAZON CAPITAL SERVICES INC 6,878.94 435036 04/06/2023 FL 911 COORDINATORS ASSOCIATION INC 150.00 435037 04/06/2023 PACE ANALYTICAL SERVICES LLC 6,454.05 435038 04/06/2023 AMERIGAS PROPANE LP 3,781.99 435039 04/06/2023 METROPOLITAN COMMUNICATION SERVICES INC 303.75 435040 04/06/2023 DAVID MIKE 175.00 435041 04/06/2023 JORDAN POWER EQUIPMENT CORP 51.99 435042 04/06/2023 PC SOLUTIONS & INTEGRATION INC 43,470.39 435043 04/06/2023 DERECK R PRINCE 170.00 435044 04/06/2023 MULLINAX FORD OF VERO BEACH 86.04 435045 04/06/2023 JUDITH A BURLEY 529.00 435046 04/06/2023 NETCENTRIC TECHNOLOGIES INC 476.07 435047 04/06/2023 PUMP SERVICE & IRRIGATION INC 572.55 435048 04/06/2023 SOUTH CENTRAL PLANNING & DEVELOPMENT COMM 4,583.33 435049 04/06/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 254.11 435050 04/06/2023 DESK SPINCO INC 329.87 435051 04/06/2023 TREASURE COAST PERCUSSION 150.00 435052 04/06/2023 MARIOS PAINTING & SERVIES INC 38,780.00 435053 04/06/2023 SUNBELT HYDRAULIC & EQUIPMENT INC 2,907.48 435054 04/06/2023 BLUE GOOSE CONSTRUCTION LLC 742.96 435055 04/06/2023 STAPLES INC 510.79 435056 04/06/2023 LOWES COMPANIES INC 4,315.10 435057 04/06/2023 SMI TRADING LLC 138.70 435058 04/06/2023 GOOD SPORTSMAN MARKETING LLC 1,559.98 435059 04/06/2023 PLAYCORE WISCONSIN INC 249,435.93 435060 04/06/2023 ROBERT A HUDSON 325.00 435061 04/06/2023 THEODORE SEMI 250.00 435062 04/06/2023 QUADMED INC 239.00 435063 04/06/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 850.00 435064 04/06/2023 PALFINGER US HOLDING INC 3,003.94 435065 04/06/2023 BRITTON INDUSTRIES INC 522.63 34 TRANS NBR DATE VENDOR AMOUNT 435066 04/06/2023 FUN EXPRESS LLC 50.35 435067 04/06/2023 SAMBERG CONSTRUCTION & DEVELOPMENT LLC 10,810.00 435068 04/06/2023 LAWRENCE F WALLIN 225.00 435069 04/06/2023 HIREQUEST LLC 5,314.26 435070 04/06/2023 PETERBILT STORE SOUTH FLORIDA LLC 3,218.17 435071 04/06/2023 A TEAM OF THE TREASURE COAST INC 860.00 435072 04/06/2023 CER SIGNATURE CLEANING LLC 7,900.00 435073 04/06/2023 A/C FILTER PROVIDER LLC 10,821.18 435074 04/06/2023 DOBBS EQUIPMENT LLC 1,586.96 435075 04/06/2023 SHAMROCK ENVIRONMENTAL CORPORATION 11,137.62 435076 04/06/2023 WESTERN OILFIELDS SUPPLY COMPANY 12,351.36 435077 04/06/2023 GOMEZ BROTHERS CONTRACT SERVICES 450.00 435078 04/06/2023 SHRIEVE CHEMICAL CO LLC 17,756.24 435079 04/06/2023 BTAC HOLDING CORP 7,236.81 435080 04/06/2023 TK ELEVATOR CORPORATION 516.00 435081 04/06/2023 CRYSTAL MCANELLY DIVERS 125.00 435082 04/06/2023 RONALD MARASCO SR 395.00 435083 04/06/2023 BRIGHTVIEW LANDSCAPE SERVICES INC 3,200.00 435084 04/06/2023 JEFFERY HOGUES 2,500.00 435085 04/06/2023 KERNER LLC 4,785.00 435086 04/06/2023 TAYLOR NELSON AUXIER 275.00 435087 04/06/2023 GULF MATERIALS SALES LLC 1,188.00 435088 04/06/2023 JUSTFOIA INC 759.37 435089 04/06/2023 JOHNSON-LAUX CONSTRUCTION LLC 322,126.78 435090 04/06/2023 JORDAN PARKER 220.00 435091 04/06/2023 EUROFINS ENVIRONMENT TESTING AMERICA HOLDII 3,392.00 435092 04/06/2023 OES GLOBAL INC 2,489.59 435093 04/06/2023 NELLYANA LANG 30.00 435094 04/06/2023 SUNSHINE RENTAL MANAGEMENT OF FL 1,000.00 435095 04/06/2023 MIKEL KINNEY RUYLE 650.00 Grand Total: 2,281,601.91 35 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 902545 04/04/2023 BREVARD COUNTY HOUSING AUTHORITY 2,216.22 902546 04/04/2023 GRACES LANDING LTD 13,374.00 902547 04/04/2023 BETTY DAVIS SCROGGS 760.00 902548 04/04/2023 CREATIVE CHOICE HOMES XVI LTD 13,215.00 902549 04/04/2023 DAVID YORK 574.00 902550 04/04/2023 ST FRANCIS MANOR OF VERO BEACH 1,660.00 902551 04/04/2023 TREASURE COAST HOMELESS SERVICES 1,496.00 902552 04/04/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,439.00 902553 04/04/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 2,732.00 902554 04/04/2023 THE PALMS AT VERO BEACH 18,452.00 902555 04/04/2023 DAVID CONDON 870.00 902556 04/04/2023 HILARY MCNOR 721.00 902557 04/04/2023 PELICAN ISLES LP 11,590.00 902558 04/04/2023 SUNCOAST REALTY & RENTAL MGMT LLC 621.00 902559 04/04/2023 ADINAGOLDMAN-WALKER 1,139.00 902560 04/04/2023 INDIAN RIVER RDA LP 2,344.00 902561 04/04/2023 LAZY J LLC 1,540.00 902562 04/04/2023 SAID S MOOBARK 1,715.00 902563 04/04/2023 OSCEOLA COUNTY SECTION 8 995.22 902564 04/04/2023 YVONNE KOUTSOFIOS 97.00 902565 04/04/2023 BRIAN E GALLAGHER 722.00 902566 04/04/2023 JOHN T STANLEY 1,534.00 902567 04/04/2023 WEDGEWOOD RENTALS LLC 1,204.00 902568 04/04/2023 COALITION FOR ATTAINABLE HOMES INC 944.00 902569 04/04/2023 MYRIAM MELENDEZ 743.00 902570 04/04/2023 WATSON REALTY GROUP 2,945.00 902571 04/04/2023 SHER LLC 801.00 902572 04/04/2023 SUNQUEST APRTMENTS LLC 474.00 902573 04/04/2023 ORCHARD GROVE VENTURE LLC 19,378.00 902574 04/04/2023 SREIT LEXINGTON CLUB LLC 34,216.00 902575 04/04/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 15,497.00 902576 04/04/2023 B4 TC PROPERTIES LLC 958.00 902577 04/04/2023 STREIT RIVER PARK PLACE LLC 20,772.00 902578 04/04/2023 EZAS INVESTMENTS LLC 767.00 902579 04/04/2023 DANIEL I PREUSS 577.00 902580 04/04/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 30,331.00 902581 04/04/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 5,049.00 902582 04/04/2023 JACOURT LLC 4,060.00 902583 04/04/2023 CHRISTINE HARVEY LAWRENCE 660.00 902584 04/04/2023 CENTER LAKE PROPERTY MANAGEMENT LLC 3,802.00 902585 04/04/2023 GRACES LANDING LTD 661.00 902586 04/04/2023 CREATIVE CHOICE HOMES XVI LTD 2,319.00 902587 04/04/2023 FLORIDA POWER AND LIGHT 45.00 902588 04/04/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 411.00 902589 04/04/2023 PELICAN ISLES LP 657.00 902590 04/04/2023 LAZY J LLC 311.00 902591 04/04/2023 COALITION FOR ATTAINABLE HOMES INC 615.00 902592 04/04/2023 ORCHARD GROVE VENTURE LLC 5,611.00 902593 04/04/2023 SREIT LEXINGTON CLUB LLC 2,508.00 902594 04/04/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 3,299.00 902595 04/04/2023 JACOURT LLC 3,752.00 902596 04/06/2023 XEROX CORPORATION 71.61 Grand Total: 245,245.05 36 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020490 03/31/2023 FIRST HOSPITAL LABORATORIES INC 283.00 1020491 04/04/2023 AT&T CORP 971.00 1020492 04/04/2023 AT&T CORP 6.85 1020493 04/04/2023 AT&T CORP 6.35 1020494 04/04/2023 AT&T CORP 2,056.79 1020495 04/04/2023 OFFICE DEPOT INC 1,767.33 1020496 04/04/2023 COMCAST 342.60 1020497 04/04/2023 WASTE MANAGEMENT INC OF FLORIDA 2,516.55 1020498 04/06/2023 ADRON FENCE COMPANY INC 3,280.00 1020499 04/06/2023 PARKS RENTAL & SALES INC 80.00 1020500 04/06/2023 DEMCOINC 776.39 1020501 04/06/2023 DAVES SPORTING GOODS & TROPHIES 74.00 1020502 04/06/2023 GALLS LLC 2,370.19 1020503 04/06/2023 MEEKS PLUMBING INC 2,152.00 1020504 04/06/2023 IRRIGATION CONSULTANTS UNLIMITED INC 1,142.72 1020505 04/06/2023 COMPLETE RESTAURANT EQUIPMENT LLC 187.50 1020506 04/06/2023 SPINNAKER VERO INC 38.00 1020507 04/06/2023 AUTO PARTNERS LLC 317.07 1020508 04/06/2023 HYDRA SERVICE (S) INC 157,619.00 1020509 04/06/2023 GUARDIAN ALARM OF FLORIDA LLC 261.60 1020510 04/06/2023 EFE INC 11,599.85 1020511 04/06/2023 CARLON INC 527.00 1020512 04/06/2023 AT&T CORP 5.29 1020513 04/06/2023 OFFICE DEPOT INC 2,439.73 1020514 04/06/2023 COMCAST 116.85 Grand Total: 190,937.66 37 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10397 03/31/2023 KIMLEY HORN & ASSOC INC 10,556.52 10398 03/31/2023 IRC FIRE FIGHTERS ASSOC 10,395.96 10399 03/31/2023 AMERICAN FAMILY LIFE ASSURANCE CO 14,443.78 10400 03/31/2023 FL SDU 2,828.49 10401 03/31/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 37,410.25 10402 03/31/2023 TIMOTHY ROSE CONTRACTING INC 277,513.38 10403 03/31/2023 MUTUAL OF OMAHA 24,374.83 10404 03/31/2023 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,708.02 10405 03/31/2023 EDH HOLDINGS LLC 1,010.93 10406 03/31/2023 LINCOLN RETIREMENT 88,597.46 10407 04/03/2023 ST LUCIE BATTERY & TIRE CO 1,125.50 10408 04/03/2023 CLERK OF CIRCUIT COURT 115,585.41 10409 04/03/2023 INDIAN RIVER COUNTY PROPERTY APPRAISER 1,076,161.84 10410 04/03/2023 INDIAN RIVER COUNTY SHERIFF 5,367,129.15 10411 04/03/2023 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 119,588.32 10412 04/03/2023 IRS -PAYROLL TAXES 562,354.86 10413 04/03/2023 TD BANK 16,775.23 10414 04/03/2023 P&A ADMINISTRATIVE SERVICES INC 396.00 10415 04/04/2023 CDM SMITH INC 12,910.87 10416 04/04/2023 NATIONAL METERING SERVICES INC 148,532.55 10417 04/05/2023 FL RETIREMENT SYSTEM 1,429,390.27 10418 04/05/2023 MUTUAL OF OMAHA 19,372.63 10419 04/05/2023 OPTUMHEALTH FINANCIAL SERVICES 108,256.07 10420 04/06/2023 KIMLEY HORN & ASSOC INC 7,071.65 10421 04/06/2023 CLERK OF CIRCUIT COURT 4,717.26 10422 04/06/2023 PUBLIC DEFENDER 4,372.21 10423 04/06/2023 APTIM CORP 47,607.00 10424 04/06/2023 HALLEY ENGINEERING CONTRACTORS INC 822,212.58 10425 04/06/2023 BENEFLEX INC 875.00 Grand Total: 10,336,274.02 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller 1801 27t' Street Vero Beach, FL 32960 Telephone: (772) 226-1516 1MEN 1 TO: The Honorable Members of the Board of County Commissioners THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller FROM: Elissa Nagy, Chief Deputy of Finance DATE: April 5, 2023 SUBJECT: Approval of Annual Financial Report by County Commissioners Section 218.32, Florida Statutes, requires that each unit of local government submit a financial report covering the operations during the previous fiscal year. The Indian River County Local Government Annual Financial Report for fiscal year 2021-2022 has been prepared and is ready to be submitted to the State of Florida, Department of Financial Services in Tallahassee. The report is to be signed by the Chief Financial Officer, Jeffrey R. Smith, and the Chairman of the Board of County Commissioners and submitted within 45 days after the completion of the audit report. Recommendation We respectfully request the Board of County Commissioners to authorize the Chairman to sign the County's Local Government Annual Financial Report for fiscal year 2021-2022. 39 z °a W a w I'- A� Q ON N Q w C.' M: P-4 C� rA O H Q H a� Cd 0 rA O U � a� cd U V .C5 +U- N H � cqs H W a w C.' 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O� .•r N ON C N A T['.• N e~i <�r � . � vii L LO LO a 0 M 0 0 m O [� pop O 00 00 64 os O1 �A awa H F H w O INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 5, 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: Rejection of Annual Bid 2023006 for Dump Truck Hauling BACKGROUND: On behalf of the Public Works Department, sealed bids were solicited for hauling of various materials from local mines and drainage projects to other locations in the county, as a supplement to Road and Bridge operations. BID RESULTS: Advertising Date: Bid Opening Date: DemandStar Broadcast to: Bid Documents Requested by Replies: September 1, 2023 September 23, 2023 520 Subscribers 10 Firms 1 Firm Bidder Location Total Daily price per day (16-18 YD Dump Truck and Driver; 8 hr day) Austin Tupler Trucking, Inc. West Palm Beach $2,100 DISCUSSION: Upon review of the bid, the department determined the bidder to be responsible, but the bid price too high to warrant consideration. FUNDING: There is no funding associated with the rejection of the bid. RECOMMENDATION: Staff recommends the Board reject the response to Bid 2023006. 57 DIM CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 3, 2023 TO: Board of County Commissioners THROUGH: Michael C. Zito, Interim County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2023032 for Earman Island Phase IV Revegetation BACKGROUND: The Parks and Recreation Division requested the solicitation of bids for the revegetation of approximately 13 acres of Earman Island. Work will include installation of transitional grassland/shrub, and a portion of the coastal hammock, in areas that had been dominated by Brazilian pepper, Australian pine, and other exotic species, which have been recently removed. Earman Island is one of the three large islands within the Lost Tree Island Conservation Area (LTICA), for which the County has initiated a habitat enhancement plan. The awarded contractor will have approximately six months to procure the plants to be installed. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Obtained by: Replies: February 24, 2023 March 24, 2023 435 Subscribers 18 Vendors 3 Vendors Firm Location Total Bid Price Sandhill Environmental Services, LLC Arcadia, FL $258,353.18* Earth Balance Corporation St. Cloud, FL $298,835.00 HGS, LLC dba RES Environmental Operating Company Orlando, FL $375,042.71 *Denotes multiplication errors in submitted bid corrected ANALYSIS: The Parks and Recreation Division has reviewed the bids and made recommendation of award to Sandhill Environmental Services, LLC, as the lowest, responsive, and responsible bidder. Sandhill has recently completed the Duck Head Island Phase 1 Revegetation project, which is also located in the LTICA. M CONSENT The bid submitted by EarthBalance did not provide pricing, or recommendation for substitute plants, for two species they indicated were not available. Their total bid price reflects a total of 3,590 fewer plants than the other two bids, or ten percent less than the anticipated total of 37,389 plants. FUNDING: Funds in the amount of $258,353.18 are available in the Lost Tree Islands Enhancement, Restoration & Public Facilities/Trails/Boardwalk account in the Optional Sales Tax fund (31521072- 066510-20001). This amount includes a $65,000 grant from the Indian River Lagoon National Estuary Program (IRLNEP), approved by the Board on July 12, 2022. Account Description Available 31521072-066510-20001 Lost Tree Islands Enhancement, Restoration & Public Facilities/Trails/ Boardwalk $258,353.18 RECOMMENDATION: Staff recommends the Board award bid 2023032 to Sandhill Environmental, in the amount of $258,353.18, approve the agreement, and authorize the Chairman to execute it after approval by the County Attorney as to form and legal sufficiency, and receipt and approval of the required public construction bond. So long as there are no changes in the dollar amount, upon satisfactory completion of the work set forth in the agreement, staff is directed to make final payment and release any retainage to Sandhill Environmental Services, LLC, after review and approval by the Purchasing Manager and County Attorney. Attarhmant Agreement 59 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 Sandhill Environmental Services, LLC (hereinafter called CONTRACTOR). OWNER 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: Earman Island Phase IV Re -Vegetation, Bid 2023032 ARTICLE 2 - CONTRACT TIMES 2.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 2.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. Plantings will be installed and invoiced in accordance with Articles 3 and 4 by September 15, 2023. ARTICLE 3 - CONTRACT PRICE 3.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.C, below: A. For all installed plantings at the sizes and unit prices stated in CONTRACTOR's Bid, included as Exhibit 1. B. For the successful maintenance of all plantings for 180 days after installation, at the conclusion of that period, and at the lump sum price stated in Exhibit 1. C. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $258,353.18 Written Amount: Two -hundred fifty-eight thousand, three hundred fifty-three dollars and eighteen cents. ARTICLE 4 - PAYMENT PROCEDURES 4.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the 1 60 provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. 4.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 4.03 Paragraphs 4.01 and 4.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 4.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 5 - INDEMNIFICATION 5.01 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 6 - CONTRACTOR'S REPRESENTATIONS 6.01 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 Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 2 61 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 OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 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 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. 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-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. RTICLE 7 - CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Public Construction Bond; (4) Certificate(s) of Liability Insurance; (5) Invitation to Bid 2023032; (6) Addenda (numbers 1 to 2, inclusive); (7) CONTRACTOR'S Bid Form; (8) Bid Bond; (9) Qualifications Questionnaire; WA (10) Drug Free Workplace Form; (11)Affidavit of Compliance; (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (14) Certification Regarding Lobbying; (15) 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 8 - MISCELLANEOUS 8.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 8.02 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. 8.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 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. 8.05 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. 4 63 8.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 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. 5 64 This Agreement will be effective on 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). 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: Elizabeth Powell Director, Parks and Conservation Resources 5500 77th Street Vero Beach, Florida 32967 (772) 226-1873 Facsimile: (772) 589-6119 CONTRACTOR: 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.) 6 65 Exhibit 1 to the Agreement — Pricing r _ _KHAN ISLAND PHASE IV RESTORATION - PLANT MATERIALS s/Shrub Planting (12.3 Acres) _.._ Baccharis halimifolia Unit 375 _ $4.88 Serenoa repens Price 46.1 Sc4entific Na Common Size Number of Alternate ($) $ Name ' I Plants Size Bid Inkberry Spartina patens Saltmeadow cordgrasst 1G 11 1G .. Borrichia frutescens Sea-oxeye tC , . Zanthoxylum fagara Wild lime_11211 daisy l Myrcianthes fragrans Simps �sspp Distichlis spicata Saltgrass'. Ipomoea pes-caprae Railroad vine. Flaveria linearis -:Ye101,Nt0p r":19 $2.53 Iva imbica T seacoast sum weed ... . .. ' $5.59 Ageratum maritimum Dune ne , . Eugenia foetida miDuer Gallar i)Wchella Blanket 4 " 1 " ChrysobalanusVK icaco flower HelianthiS4101ft Dune • , sunflower Lycium carolinianumber Christmas ' 1,200 T _ $5.43 Baccharis halimifolia Saltbush 375 ... $4.88 Serenoa repens Saw p - 500 #I $6.30 Iva frutescens Marsh el* . $ ; %1Q ' $4.88 Scavevola plumeri Inkberry ~ i� •mss Psychotria nervosa Wild Coffee TG, 3G Zanthoxylum fagara Wild lime_11211 Myrcianthes fragrans Simps �sspp EuEugenia axilaris g White .. ' stopper . Eugenia foetida Spanish stopper ChrysobalanusVK icaco Cocoplum ock Planting (1.4 Acres) Common Size Number of Alternate Unit Price Name Plants' Size Bid Spartina patens Saltmeadow cordgrass :16 $. � Borrichia frutescens300 Sea -oxeye dais 1pomoea pes-caprae Railroad vine: +�`, 4. Fla veria felloV ► 414 44: 260 Ageratum MOS"1' Dune . rAistflower _ • .. . Gallardia pulchelle Blanket flower 't 4" Helianthis debilis Dune sunflower : • #�•r:i3 :. Serenoa repens Saw palmetto - 1 37 Oi#jcarpa american,t Beautyberry - ..041. Psychotria nervosa NIS! Odft1113 $4.8$ Ze tthoxylum fagara _ -1>wMd 1.7 Q • , U menthes h . : pson`* sto er . . bil ora tomenttalfig•: ;l+Ie1P Eugenia foetida stopper Chrysobalanus icaco .Cocoplum IG $OL4! rthrina herbacea . Cherokee- 3G 1 ...i b Ardisia escallonoides Marlberry Fiddlewood 7W 12 .4 Citharexylum spinosum AOO ne apbana Myrcine 70 . $42.27 Overcus virginiana Live oak 71 $42.27 lurcara cimaruha (moi �mhn limhn 'teldEJ..- Hammock Planting (5% of 10.3 Acres of Hammock) Scieni�'Size ,:. Common jo Name • Number of Plants Alternate Size Bid Unit Price erenoa repens Saw palmar .1 COicarpa americana BeautybeAy E J.I trf e Vft ,30. 2 Simpson's stopper � 74: 12 anthcs Fragrans `ci g Eugenia axilaris White stopper Eugenia foetida Spanish stopper ` 12 Ch sobalanus icaco rY Cocoplum p � �" 1$ c � £herokee bean herbacea , iisia escallonoidelt Marlberry : ► G taiNlf .. Scientific Name Common a Size Number d Plants Alternate Size Bid ' it Price Myrsine cubana 111if1�2: 7G CUs virginlaw Live oak VIC $2TM OwSwe simaruba Gumbo lirnM ' AS f2w $364 ; .. &WWOOft Itdssimum Fillie mastic 70, 3$ 6441 CWm oliviforme SatinleafAM i ._. INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 5, 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: Rejection of Bid 2023012 for Jackie Robinson Training Center Walking Trail BACKGROUND: On behalf of the Public Works Department, sealed bids were solicited for construction of a 12 -foot wide walking trail on the former Dodgertown Golf Course, with driveway connections to both 43rd Avenue and Aviation Boulevard, parking lot resurfacing, a new pedestrian bridge, and a new tree line along the west side of the project. BID RESULTS: Advertising Date: February 12, 2023 Bid Opening Date: March 15, 2023 DemandStar Broadcast to: 788 Subscribers Bid Documents Requested by: 20 Firms Replies: 1 Firm Bidder I Location I Total Bid Price Prince Land, Inc. I Tequesta 1 $1,298,939.18 DISCUSSION: Two contractors submitted statements of no bid relating to the project. One indicated their workload would not allow them to be available to complete the project in the anticipated time, and the other indicated not enough time was allotted in the bid for the design, construction, and installation of the pedestrian bridge. During review of the references for the single bidder, staff was not able to obtain consistently favorable responses. While the time between legal newspaper advertisement and bid opening was sufficient in relation to requirements in Florida Statute, staff believes a longer advertising period may provide additional response, and provide the single responsive bidder additional time to prepare to illustrate its responsibility to complete the work. If the Board rejects the bid, the Prince Land bid will be exempt from public records release for up to one year. This affords the contractor some confidence that unit prices for each item of work have not been provided outside of County staff (only the total bid price has been disclosed), and therefore does not put the contractor at a disadvantage in the next bid. FUNDING: The cost to advertise the project in the newspaper is $220, and will come from the project account. Description GL Available Optional Sales Tax/Parks/Construction in 31521072-066510-19021 $220 Progress/JRTC Walking Trail RECOMMENDATION: Staff recommends the Board reject the response to Bid 2023012, and authorize staff to re - advertise the bid with a longer time to complete, and longer period before acceptance of bids. 70 on INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 10, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael Zito, Interim County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Final Ranking of Firms and Authorization to Negotiate — RFQ 2023015 for Continuing Consulting Engineering Services BACKGROUND: The current professional continuing consulting engineering services agreements expire on April 16, 2023. In accordance with section 287.055, Florida Statute (Consultants Competitive Negotiation Act), a request for qualifications (RFQ) was issued on December 19, 2022, to solicit statements of qualifications (SOQs) from professional engineering firms interested in providing services under a new continuing agreement. ANALYSIS• Firms were invited to submit qualifications in up to four disciplines: ✓ Environmental (biological, coastal, site assessment, stormwater, remediation, solid waste) ✓ Infrastructure (traffic, bridges, roadways, sidewalks, signals, and lighting) ✓ Site/Civil (civil, structural, mechanical, electrical, plumbing) ✓ Utilities engineering (water, sewer) Nearly a thousand firms were notified of the RFQ, and 37 firms submitted SOQs prior to the January 27, 2023 deadline. One firm, BCER Engineering, was declared non-responsive for failure to submit the notarized statement regarding disclosure of relationships, required in Section 1o5.o8, Indian River County Code, and their SOQ was not considered. A selection committee, comprised of Eric Charest, Natural Resources Manager, Ron Jones, SWDD Assistant Managing Director, Kirstin Leiendecker, Assistant Public Works Director, Beth Powell, Parks and Recreation Director, Rich Szpyrka, Public Works Director, and Harrison Youngblood, Utilities Engineer, independently reviewed, scored, and ranked the received SOQs in accordance with FS 287.055, the RFQ, and the Purchasing Manual. Firms were ranked in each of the disciplines in which they requested consideration. The committee met to reveal the individual committee member ranking, and establish an initial ranking of firms for each discipline, which is shown on the next page. The committee subsequently met to discuss the number of firms that should be awarded per discipline, based on the scores and rankings, and developed a short list of firms to be considered for award. Chapter 287.055, Florida Statute requires the County to hold discussions with a minimum of three firms. The committee identified five firms they wished to obtain more information from, and those firms participated in discussions via Zoom on April 6, 2023. Scoring and ranking documents are available for review in the Purchasing Division. 71 Initial ranking of firms is shown below, with short listed firms in bold: Environmental: 1 Geosyntec Consultants 2 Tetra Tech 3 CRA Consulting 4 Kimley-Horn 5 CDM Smith 6 Coastal Tech 7 Environmental Science Associates 8 Jones, Edmunds, Associates 9 Coastal Waterways 10 Atkins 11 Aptim 12 Dredging & Marine Consultants* 13 NovusAqua, LLC 14 Royal Consulting Services, Inc. 15 First Line Coastal 16 MAS Environmental 17 Carter 18 GRAEF-USA 19 MBV 20 Schulke, Bittle & Stoddard 21 CivilSUry 22 Mills, Short Infrastructure• 1 Kimley-Horn 2 Consor Engineers, LLC 3 Johnson, Mirmiran & Thompson 4 Masteller & Moler 5 Bowman 6 Atkins 7 Metric 8 Carter 9 MBV 10 EXP 11 Schulke, Bittle &Stoddard 12 CivilSury 13 Carnahan Proctor Cross 14 GRAEF-USA 15 Mills, Short Site/Civil: 1 Kimley-Horn 2 OCI Associates, Inc.* 3 Masteller & Moler 4 Atkins 5 Bowman 6 Carter 7 TLC* 8 MBV 9 Schulke, Bittle & Stoddard 10 EXP 11 Mills, Short 12 Carnahan Proctor Cross 13 Metric 14 GRAEF-USA 15 SGMEngineering Utilities: 1 Kimley-Horn 2 V&A* 3 CRA Consulting 4 CDM Smith 5 Bowman 6 Rummel, Klepper & Kahl 7 Atkins 8 Masteller & Moler 9 Tetra Tech 10 MBV 11 Carter 12 Arcadis 13 Schulke, Bittle & Stoddard 14 GRAEF-USA 15 Carnahan Proctor Cross 16 EXP 17 Florida Technical Consultants, LLC* 18 Mills, Short 19 CivilSury *indicates firms invited to participate in discussions with the committee 72 After the discussions were completed, the committee reviewed the short list ranking of firms by discipline. No changes to the rankings, or to the list of firms to be considered for award by discipline, were made. The initial ranking of firms was declared final. The following firms are recommended by the committee to enter the negotiation phase in the listed disciplines. Staff is prepared to begin negotiations with the identified firms, and bring the final agreements to the Board at a future meeting. Fi7NDING: Funding for work orders under the agreements will vary, based on project and department. RECOMMENDATION• Staff recommends the Board approve the final ranking of firms, and authorize negotiations with the recommended firms, in accordance with FS 287.055• 73 Environmental Infrastructure Site/ Civil Utilities A tim Environmental & Infrastructure, LLC Arcadis U.S., Inc. Atkins North America, Inc. �l Bowman Consulting Group, Ltd. �l Carter Associates, Inc. CDM Smith, Inc. CHA Consulting, Inc. Coastal Technology Corporation Coastal Waterways Design and Engineering LLC Consor Engineers, LLC �l Dredging & Marine Consultants, LLC Environmental Science Associates EXP US Services, Inc. Geos ntec Consultants, Inc. Johnson, Mirmiran & Thompson, Inc. �l Jones, Edmunds, Associates, Inc. Kimle -Horn and Associates, Inc. Masteller & Moler, Inc. MBV Engineering, Inc. Metric Engineering, Inc. �l OCI Associates, Inc. Rummel, Klepper & Kahl, LLP �l Schulke, Bittle & Stoddard, LLC Tetra Tech, Inc. �1 TLC Engineering Solutions V&A Consulting Engineers, Inc. Staff is prepared to begin negotiations with the identified firms, and bring the final agreements to the Board at a future meeting. Fi7NDING: Funding for work orders under the agreements will vary, based on project and department. RECOMMENDATION• Staff recommends the Board approve the final ranking of firms, and authorize negotiations with the recommended firms, in accordance with FS 287.055• 73 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Mike Zito Interim County Administrator FROM: Suzanne Boyll Human Resources Director DATE: March 29, 2023 SUBJECT: Approval of Service Agreement Addendum WEX Health, Inc. d/b/a WEX (Benefit Express Services, LLC) effective May 1, 2023 through April 30, 2024 BACKGROUND: At the April 17, 2018 Board of County Commissioners meeting, the BOCC approved the selection of Benefit Express Services, LLC to provide benefit administration technology and services for the County's comprehensive employee benefit program effective May 1, 2018 and authorized staff to enter into a five (5) year agreement. The current Technology and Services Agreement ends effective April 30, 2023. WEX Health Inc. (WEX) is the successor in interest to Benefit Express Services, LLC. The benefits offered to eligible employees to include: ➢ Medical & Pharmacy ➢ Dental ➢ Vision ➢ Medical and Dependent Care Flexible Spending Accounts ➢ Life & AD&D o Basic o Supplemental o Spouse o Child ➢ Long Term Disability ➢ Short Term Disability ➢ Supplemental Benefits o Critical Illness o Accident Enrollment and Notification to Carriers: New hires and active employees enroll in benefits using this system and enrollment files are sent to carriers notifying them of the enrollment. The benefit administration system has improved the accuracy and timeliness of the benefit enrollment process. 74 2 Consolidated Omnibus Budget Reconciliation Act (COBRA) Notification: The benefit administration system is also used to generate COBRA notification to our COBRA continuation and billing provider. When an employee separates employment, or there is a loss of coverage, the benefit enrollment system is updated to reflect the separation or loss of coverage, and this initiates a notification to mail out notice of COBRA continuation rights to the affected individual. Affordable Care Act (ACA) Reporting: The benefit administration system tracks medical plan enrollment and is used to generate ACA 1095-C Employer -Health Insurance Offer and Coverage forms for all benefit eligible employees. The ACA 1095-C information is also submitted to the IRS by WEX on behalf of the County and for all eligible Constitutional Offices. COST AND RENEWAL: The annual cost of the benefit administration system is approximately $78,000 per year and provides support for over 3,600 enrolled participants. WEX has provided a one-year renewal with no rate increase Effective May 1, 2023 through April 30, 2024. FUNDING: Funding, in the amount of $78,000, for the benefit administration system is provided in the Health Insurance Fund/Other Professional Services account, number 50412719-033190. Account Description I Account Number Amount Health Insurance Fund/Other Professional Services 1 50412719-033190 $78,000 RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve the recommendation to renew with WEX Health Inc. to provide benefit administration technology and services for the County's comprehensive employee benefit program effective May 1, 2023 through April 30, 2024 and to authorize the Board Chairman to sign the service agreement addendum after review and approval by the County Attorney. Attachments: WEX Health, Inc. Service Agreement Addendum Benefit Express Services, LLC Technology and Services Agreement 75 wex WEX Health, Inc. Service Agreement Addendum This SERVICE AGREEMENT ADDENDUM is entered into as of March 1, 2023 by and between WEX Health Inc. d/b/a WEX (successor in interest to Benefit Express Services, LLC) a Connecticut Company with offices at 82 Hopmeadow Street, Suite 220, Simsbury, CT 06089 ("WEX") and Indian River County, FL, a Florida public entity with offices at 1801 27`h Street, Vero Beach, FL 32960 ("Indian River" or "Client"). WHEREAS, Indian River and WEX have an existing agreement to have WEX provide benefit administration software and services to Indian River, and WHEREAS, the term of the existing agreement is approaching expiration or has expired, and WHEREAS, both parties wish to continue use of the WEX software and services to support this group, NOW, THEREFORE, both parties agree to continue the initial term for the period effective from May 1, 2023 through April 30, 2024. All provisions of the original SERVICE AGREEMENT, INCLUDING ITS ADDENDUMS, ATTACHMENTS, SCHEDULES, WORK ORDER FORMS AND MONTHLY INVOICES (collectively "Agreement") are considered binding for the additional term. Absent timely written notice thirty (30) days prior to the end of the additional term, this Agreement shall automatically renew for additional subsequent one year periods, upon the same terms and conditions, until such time as such notice is given. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the date first written above. WEX Health, Inc. Name: Title: Signature and Date Indian River County, FL Name: Title: Signature and Date Initialed WEX Health, Inc. date [client] date General Services Agreement Addendum I Page 1 of 1 Copyright 2023 - Not to be reproduced without express permission of WEX Health, Inc. 76 Benefit Express Services, LLCbefil�fitexpr*ess:Technology and Services Agreement , 8Al Benefit Express Services, LLC Technology and Services Agreement This Technology and Services Agreement entered into between Benefit Express Services, LLC, an Illinois corporation with its principal offices located at 1700 E. Golf Road, Suite 1000, Schaumburg, IL 60173 (hereafter "BE") and Employer, whose name and principal business address are set forth below, collectively "the Parties', determines the rights and obligations of BE and Employer with respect to the subject matter of this Agreement. All capitalized terms are defined in section 3.0 below unless specifically stated otherwise. — -- — - — ; Effective Date: The first day of May, 2018 Employer Name: Indian River County FL Address: 180127th Street City, State, Postal Code: Vero Beach, FL 32960 1.0 Agreement and Term 1.1 During the Term and in accordance with this Agreement: (1) BE grants Employer a nonexclusive, nontransferable, revocable, limited right to use the software for the sole purpose of agency management and/or the administration of employee benefits for the employees of Employer, and (ii) BE shall render the Software, as well as provide Training and Maintenance & Support for such software. 1.2 Employer has the option to purchase Fulfillment, and other Professional and Shared Services. 1.3 This Agreement shall commence on the Effective Date and, unless sooner terminated under Section 8.0 herein, shall continue for five (5) years ("Initial Period"). Thereafter, the parties may renew the term of this Agreement upon mutual agreement. 2.0 Commencement of Service 2.1 Commencing on the Effective Date, BE shall provide Software, Training, Maintenance and Support, and Fulfillment services according to the Service Schedules, to be agreed upon between the Parties during implementation. 3.0 Definitions 3.1 "Administrator Account" means any user profile with access to more than one Employee Record. 3.2 "Agreement" means this Technology and Services Agreement and any exhibits, attachments, addendums, schedules, Statement of Work ("SOW"), attached hereto, or otherwise incorporated herein by reference. 3.3 "Project Authorization Form" means the BE standard form that invoices the Professional Shared Services to be provided by BE to Employer and requires an Employer signature to authorize the work to be performed. The Project Authorization Form may also reference a SOW document when the Employer has requested Professional or Shared Services. Each Project Authorization Form will be governed by the terms of this Agreement and, if there is a conflict between a Project Authorization Form and this Agreement, the terms of this Agreement shall prevail. 3.4 "Employer" means the business entity identified above, which entity's employees have authorized the Employer to access and enter employee information into the Software. 3.5 "Effective Date" means the date entered in the outlined box above. 3.6 "Enhancements" means modifications, additions, or substitutions, other than Maintenance Modifications, made by BE to the Software at its sole discretion that accomplish incidental, performance, structural or functional improvements to the Software, to the extent that BE elects to develop such Enhancements. Provided, however, and notwithstanding the foregoing, new application Modules which BE markets separately from the Software shall not be included in the definition of Enhancements. 3.7 "Employee Record" means the collection of related items of information about an individual, treated as a unit, and stored in the Software database. 3.8 "Fulfillment" means BE's process of developing, testing, extracting, delivering, supporting and monitoring data from the Software in an electronic and secure format, including but not limited to portable document format (PDF), Microsoft Excel (XLS), delimited or fixed length text (TXT) or Extensible Markup Language (XML) formatted files. 3.9 "Intellectual Property Rights" means all copyrights, confidentiality rights, trade secret rights, patent rights and other intellectual property rights which shall include, but not be limited to BE's ownership of the Software and the BE trademark and any other trademarks, sales marks, service marks, trade names, marketing materials, distinguishing images or computer graphics, words, combination of words, audio recordings, computerized icons, Internet domain names or sub -names, or other related items used by BE in promotion or providing the Software Services or any services relating thereto at any time prior to, during, or subsequent to the termination of this Agreement. 3.10 "Maintenance" means services provided by BE which shall include, but not limited to: (1) providing and installing on BE equipment any Enhancements to the Software, and/or (ii) providing and installing on BE equipment any Maintenance Modifications to the Software, 3.11 "Maintenance Modifications" means modifications, updates or revisions made by BE at its sole discretion to the Object Code of the Software or to the User Manual relating thereto that correct errors or support a new release of the operating system. 3.12 "Module" means a unit of Software that adds additional functionality to the base Software. 3.13 "Object Code" means computer code in machine-readable, executable form, generated by compilation of course code and contained in a medium that permits it to be loaded into and operated on computers, including any runtime modules or programming object libraries, text or graphic files or other data structures or code components necessary for the operational use of the Software. 3.14 "Professional Services" means the services that are specified and priced in the attached SOW and invoiced in the Project Authorization Form to be provided by BE. The Professional Services may include, without limitation, the following types of services: data collection, consulting, design, coding, testing, installation, configuration, sales assistance and training. 3.15 "Shared Services" means the services that are specified and priced in the attached SOW and invoiced in a Project Authorization Form to be provided by BE. The Shared Services may include, without limitation, the following types of services: FSA, COBRA, HSA, ACA, Premium Billing, and Dependent Audit. 3.16 "Services" shall mean the Software, Training, Billing, Maintenance and Support, Employer setup, Professional or Shared provided by BE to Employer. 3.17 "Service Schedules" means the time table for implementation of the services provided by BE to Employer. 77 i benefitexpress 6-A, 119 ...1a. 4*14ti4m IN driven.. 3.18 "Software" means the benefitsCONNECT° and/or agencyMANAGER or My Benefit Express application program installed in Object Code format, any updates, revisions, new versions, supplements, all permitted copies of the foregoing supplied by BE to Employer, related documentation, and media, whether in machine readable or printed form; forthe purpose of Employer's enrollment and administration of employee benefits and/or agency management. 3.19 "Statement of Work" means the BE standard document that sets forth a description and agreed upon pricing of the Professional and Shared Services to be provided by BE to Employer. Such SOW shall be attached hereto as Exhibit D. 3.20 "Support" means the services provided by BE which include providing Employer telephone and e-mail support during BE's normal business hours for the purpose of enabling Employer to obtain information or resolve questions pertaining to the use of the Software. 3.21 "Term" means the Initial Period and any successive Renewal Periods. 3.22 "Training" means the phone or classroom training sessions made available to Employer by BE, which are designed to educate and train on the step-by-step processes of configuring and administering. 3.23 "User Manual" means the user documentation for the Software provided by BE to Employer in printed or in electronic format and which may be amended from time to time by BE. 3.24 The singular and plural shall each include the other, and this Agreement shall be read accordingly when required by the facts. 4.0 Obligations 4.1 All of the obligations of BE or its designee to provide Services under this Agreement are conditioned upon Employer's provision and maintenance, at Employer's sole expense, of Employer's hardware, third -party software products, operating systems, database systems and communications equipment required to connect to, access and use the Software. 4.2 Employer shall not copy, transfer, modify, translate, reverse engineer, decompile or disassemble the Software and shall take all measures necessary to prevent other within its control from doing or attempting the same. 4.3 Employer shall not remove, attempt to remove, modify or obscure any copyright, trademark, patent or other proprietary notices from the Software, User Manual or any portion thereof, including without limitation, any component of the Software code of any kind or form which may be provided to Employer to enable Employer to access and/or use the Software. 4.4 If BE determines that a service issue reported by Employer is (i) due to modification of the Software by Employer, (ii) a result of Employer's failure to comply with the operating instructions set forth in the current version of the User Manuals, (iii) due to Employer's failure to comply with the terms of this Agreement, then all of BE's time and expenses associated with providing support relating to or correcting such problem, shall be invoiced to Employer subject to the provisions of this Agreement 4.5 BE does not guarantee the ability of the Employer to exchange data electronically with benefit providers or other third -party systems. BE is not responsible for the integrity of the data transmitted electronically between Employer, benefit providers and third -party systems. BE reservices the right, in its sole discretion, to charge Fulfillment service fees to Employer for providing electronic data exchange capabilities between Employer and third -party system or benefit provider. 4.6 Employer shall be solely responsible for all third -party use of the Software and Professional or Shared Services including, but not limited to, insurance brokers, subcontractors, or any other party whatsoever. 5.0 Ownership and Confidentiality 5.1 Employer understands and agrees that it has no right, title, interest or ownership in, or to, the Software, User Manuals, or any of its components, programming code or data structures, or any other materials provided to Employer related to the use of Benefit Express Services, = Technology and Services Agreement the Software, or any copies or modifications of the Software, User Manuals, or any components, code or data structures thereof or in the Software or any other materials provided to Employer related to the use of the Software, except to the extent that BE grants Employer the right to use the Software, User Manual and related materials. 5.2 Employer understands and agrees that the Software, User Manuals, related materials and all security information and passwords issued for access to the Software (collectively BE Confidential Information") constitutes confidential and proprietary information and trade secrets of BE or its suppliers. Employer shall maintain all BE Confidential Information in strict confidence and shall not publish, communicate, disclose or permit to be disclosed such information in any way to third parties. Employer agrees to take all appropriate steps to ensure that all persons having access to the Software or User Manuals shall refrain from any unauthorized reproduction or disclosure of BE's Confidential Information. Notwithstanding anything to the contrary herein, BE's Confidential Information shall not include information that: (i) is known or available through other lawful sources not bound by a confidentiality obligation to BE, (ii) is or becomes publicly known through no fault of the receiving party or its agents, (iii) is required to be disclosed pursuant to law or court order, provided that the discloser provides BE with reasonable prior notice of any such compulsory disclosure and permits BE to object, intervene or appeal such order. 5.3 BE understands and agrees that any Employer data generated and stored by the software on behalf of Employer by or through Employer's use of the Software constitute confidential and proprietary information and trade secrets of Employer and shall remain Employer sole and exclusive property. 6.0 Fees 6.1 All amounts due under this Agreement shall be paid in United States Dollars (USD). 6.2 Per -Employee -Per -Month ("PEPM") Fees — In consideration for any Software and Services provided hereunder that are specified in Exhibit D as being provided on a PEPM basis, Employer agrees to pay BE, commencing with the Effective Date of this Agreement, a PEPM fee, computed by multiplying the number of Employer Records (classified as Active, COBRA, FMLA, or Retired) by the PEPM rate listed in Exhibit D, according to the terms of BE's standard monthly invoice and Florida's local prompt payment act. Employer further agrees that the number and classification of Employee Records stored in the Software database when the census report is run shall be a bona fide and accurate representation of the number and classification of Employee Records stored in the Software database over the course of the month. Setup and implementation fees shall be invoiced, through a Project Authorization Form, upon the earlier of, execution of this Agreement or the initial transfer of data from Employer to BE to commence work. 6.3 Per -Person -Per -Year ("PPPY") Fees — In consideration for any Software and Services provided hereunder that are specified in Exhibit D as being provided on a PPPY basis, Employer agrees to pay BE, commencing with the Effective Date of this Agreement, a PPPY fee, computed by multiply the number of person (defined as personnel record required by the IRS to be reported on an annual basis for ACA) by the PPPY rate listed in Exhibit D, according to the terms of BE's standard invoice. Setup and implementation fees shall be invoiced, through a Project Authorization Form, upon the earlier of, execution of this Agreement or the initial transfer of data from Employer to BE to commence work. 6.4 6.5 Non-PEPM Fees — In consideration for any software and services provided hereunder that are not included as PEPM services (including, but not limited to one-time EDI setup fees, one-time account setup fees, per -occurrence training fees, prospecting fees, monthly data management fees, outside expenses etc.), EG benefite*xvress lrruellt .:..r...lstw�aiip d�ern.' Employer agrees to pay BE the rates listed in Exhibit D, according to the terms of BE's standard invoice. 6.6 Travel Expenses — Employer shall pay or reimburse BE for any expense incurred for travel in connection with BE's performance of the Services provided under this Agreement. Employer must authorize the travel costs in advance. 6.7 Other fees — If BE is to incur any additional fees or expenses that are not within the scope of the Services, BE shall notify Employer in advance for approval, and Employer shall pay the approved additional fees or expenses within the terms of the invoice. BE will not be required to provide additional services or implement any material changes, requested by the Employer, until the new terms and pricing have been agreed upon. 6.8 6.9 Without affecting the Employers obligations, described in this Agreement, Employer may utilize a third -party to facilitate payment to BE for the services set forth in the SOW, attached herein. 6.10 The Fees shown in SOW shall remain in effect for the duration of the terms specified in Section 1.3 (the initial 5 -year term). BE reserves the right to increase its Fees for any Renewal Period of this Agreement to current prevailing rates. 6.11 Any payment or late payment shall follow the Florida Local Government Prompt Payment Act.= 6.12 Employer has agreed to recompense BE for Services and Software provided in SOW. Without affecting Employer's obligations described in this section, Section 6.2 and Section 6.3. 7.0 Discounts/Commission Splits 7.1 Employer has discounts available when using a BE carrier partner. 7.2 Discount is not available if Employer's contract is in conflict with BE's contract with the same carrier where discount is being provided. 7.3 To receive discount, initial enrollment period needs to have a minimum of 20% participation in the product offering that triggers the discount to be in place. For every 1% below the minimum participation, 10% will be reduced from the discount provided. 7.4 All discounts to be applied after the initial open enrollment closes and verification that participation numbers have been met. 7.5 Discounts are able to continue in if new products are offered in subsequent years along with the same participation requirements as in section 7.3. 7.6 Review of Discounts, commission splits, overrides and PEPM fees received will take place annually. BE reserves the right to remove any discounts or offerings at the sole discretion of BE. 8.0 Termination 8.1 BE may terminate this Agreement upon any of the following events; 8.1.1 If Employer fails to pay any amounts due to BE within thirty (30) business days after Employer's receipt of written notice of such nonpayment from BE; 8.1.2 If the third -party fails to pay any amounts due to BE, based on Employer exercising its options in Section 6.9, within thirty (30) business days after Employer's and third -party's receipt of written notice of such nonpayment from BE; 8.1.3 If Employer breaches any Intellectual Property Rights of BE or its suppliers in the Software; 8.1.4 If Employer attempts to manipulate the number of Employee Records on the last day of the month. 8.1.5 If Employer breaches its confidentiality obligations under this Agreement; 8.1.6 If Employer breaches any of the other terms, covenants, restrictions or conditions of this Agreement or its License to the Software and fails to cure the breach within thirty (30) days after Employer's receipt of written notice of such breach from BE; 8.1.7 If Employer becomes insolvent or admits a general inability to pay its debts as they become due; Benefit Express Services, LLC Technology and Services Agreement 8.1.8 If Employer makes a general assignment for the benefit of creditors; or 8.1.9 If Employer files a petition in bankruptcy or is the subject of an involuntary petition in bankruptcy that is not dismissed within sixty (60) days after the filing date. 8.2 Employer may terminate this Agreement and the rights and licenses granted upon any of the following events: 8.2.1 If BE breaches any of its obligations under this Agreement and fails to cure the breach within thirty (30) days after receipt of written notice of such breach from Employer; 8.2.2 If BE becomes insolvent or admits a general inability to pay its debts as they become due; 8.2.3 If BE makes a general assignment for the benefit of creditors; or 8.2.4 If BE files a petition in bankruptcy or is the subject of an involuntary petition in bankruptcy that is not dismissed within sixty (60) days after the filing date. 8.3 In the event of the expiration or termination of this Agreement, under Section 8.1 or 8.2 herein, BE may discontinue the Services and Employer's access to, and use of the Software, provided however, at the expense of the party causing the breach and upon request from Employer, within thirty (30) days following said termination or expiration, BE will deliver to Employer all Employer data stored by the Software on BE's or third -party equipment, as of the date of termination or expiration. 9.0 Warranties and Limitations of Liability 9.1 BENEFIT EXPRESS SERVICES WARRANTS THAT DURING THE TERM IT SHALL PERFORM THE SERVICES UNDER THIS AGREEMENT USING COMMERCIALLY REASONABLE EFFORT. BENEFIT EXPRESS SERVICES SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9.2 EMPLOYER UNDERSTANDS AND AGREES THAT BENEFIT EXPRESS SERVICES' LIABILITY FOR ANY DAMAGES SUFFERED BY EMPLOYER, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY THEORY, IN NEGLIGENCE, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF 1) THE AMOUNT PAIDTO BENEFIT EXPRESS SERVICES BY EMPLOYER PURSUANT TO THIS AGREEMENT DURING THE SIX MONTHS IMMEDIATELY PRIOR TO THE DATE UPON WHICH EMPLOYER'S CLAIM OR CAUSE OF ACTION AROSE OR 2) FIFTY THOUSAND ($50,000) DOLLARS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, BE SHALL NOT BE LIABLE TO EMPLOYER OR OTHERS FOR PUNITTIVE OR EXEMPLARY DAMAGERS OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR EMPLOYER, EVEN IF BENEFIT EXPRESS SERVICES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9.3 FURTHER, EMPLOYER UNDERSTANDS AND AGREES THAT THE USE OF THE SOFTWARE MAY FROM TIME TO TIME BE INTERRUPTED, AND BENEFIT EXPRESS SERVICES MAKES NO WARRANTY OR REPRESENTATION TO EMPLOYER THAT THE SOFTWARE WILL BE FUNCTIONAL AND AVAILABLE AT ALL TIMES. EMPLOYER SHALL NOT BE ENTITLED TO RECOVER FOR ANY LOSSES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, WHICH MAY RESULT FROM SUCH INTERRUPTION OF AVAILABILITY OF THE SOFTWARE. NOTWITHSTANDING ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT, IN THE EVENT THAT USE OF THE SOFTWARE IS INTERRUPTED FOR MORE THAN A 24 HOURS PERIOD, BENEFIT EXPRESS SERVICES AGREES TO CREDIT EMPLOYER IN AN AMOUNT EQUAL TO THE PRORATED PEPM FEES (AS SET FORTH IN EXHIBIT D) OTHERWISE DUE FROM THE EMPLOYER FOR EACH DAY THATTHE SOFTWARE IS NOT FUNCTIONAL OR OTHERWISE UNAVAILABLE. 10.0 Indemnification 10.1 In the event any suit or claim is brought against Employer based on a claim that the authorized use of the Software under this Agreement infringes any existing Intellectual Property Rights of a third party, BE agrees that: 79 11 benefitex rens. ' ' h- ,:. rt• w,ar. rchtlan' �p dtNM. . . 10.1.1 To the extent that the claims or proof of the suit involve claims or factual allegations that the Software infringes any existing Intellectual Property Rights of a third party, expense and hold Employer harmless thereof, provided however that Employer promptly notifies BE in writingand gives BE complete authority and the information required to defend or settle the suit; 10.1.2 BE shall pay any settlement of the suit or claim agreed to by BE and to the extent that any judgment in any such suit is based on proof that the Software infringes any existing Intellectual Property rights of a third -party, BE shall pay all damages and costs awarded against Employer related thereto; provided however that BE shall not be responsible for any cost, expense or compromise made or incurred by Employer without BE's prior written consent; 10.1.3 BE shall allow Employer to participate in the defense of the suit at Employer's own expense, if Employer so elects; and 10.1.4 Notwithstanding anything to the contrary in this Agreement, BE shall have no obligation of indemnity with regard to any modifications of any kind by Employer, regardless of whether such changes were authorized. 10.2 11.0 Protected Health Information 11.1 Employer and BE agree to comply and modify the Agreement as necessary to comply with the Administrative Simplification requirements of the Health Insurance Portability and Accountability Act of 1996 ("HIPPA"), as set forth in Title 45, Parts 160 and 164 of the Code of Federal Regulations (the "CFR"). 11.2 Capitalized terms not otherwise defined in the Agreement shall have the meanings given to them in Title 45, Parts 160 and 164 of the CFR and are incorporated herein by reference. 11.3 Employer shall use and/or disclose PHI only to the extent necessary to satisfy Employer's obligations under the Agreement. BE shall use and/or disclose PHI only to the extent necessary to satisfy BE's obligations under the Agreement. To the extent that the parties can limit uses and/or disclosures of PHI to a Limited Data Set (as defined in the HIPAA Regulations), each party agrees to do so. If use of a Limited Data Set is impracticable, the party using and/or disclosing PHI will document the necessity for use of additional PHI. 11.4 Neither party shall use or disclose any PHI received from or on behalf of a Covered Entity or Individual, except as permitted or required by the Agreement, as required by law or as otherwise authorized in writing by the respective party, a Covered Entity or an Individual. 11.5 BE and Employer shall ensure that any employee or subcontractor to whom it provides PHI agrees to the same restrictions and conditions that apply through this Agreement with respect to PHI. 11.6 All other terms and conditions covering the definition, notification, and remediation regarding the protection of PHI, shall be set forth in Exhibit C, Business Associate Addendum 12.0 Miscellaneous 12.1 Asstrnment. Neither party shall assign this Agreement or transfer, by operation of law or otherwise, any of its respective rights or obligations under this Agreement without the prior written consent of the other party, such consent shall not be unreasonably withheld. Except that, either party may assign the Agreement without such consent in connection with any merger, consolidation, any sale of all or substantially all of the party's assets or any other transaction in which more than fifty percent (50%) of the party's voting securities are transferred provided that the successor or assignee assumes all of such party's obligations hereunder. Any assignment or transfer in violation of this section shall be void. 12.2 Waiver. No term or provision of this Agreement shall be deemed waived and no breach shall be deemed excused, unless such waiver is in writing and signed by the Party who is alleged to have waived the term or provision. Benefit Express Services, LLC Technology and Services Agreement 12.3 Excusable Delay. Neither BE nor Employer shall be deemed to be in default of any provision of this Agreement or for any failure in performance, resulting from acts or events beyond the reasonable control of BE or Employer, as the case may be. For purposes of this Agreement, such acts shall include, but not be limited to, acts of God, civil or military authority, civil disturbance, war, strikes, fires, other catastrophes or other such major events beyond BE's or Employer's reasonable control. This section shall not excuse Employer's payment obligations. 12.4 Governink Law and Dispute Resolution. This Agreement is governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provisions, principles or rules (whether of the State of Florida or any other jurisdiction) that would cause the application of any laws of any jurisdiction other than the State of Illinois. The parties agree that all claims, actions, suits and proceedings between them relating to this Agreement will be filed, tried and litigated only in the Circuit or District Courts of Indian River County. In connection with the foregoing, the parties consent to the jurisdiction and venue of those courts and expressly waive any claims or defenses of lack of jurisdiction of or proper venue by those courts. 12.5. 12.61ndeoendent Contractor. BE is providing the Services under this Agreement as an independent contractor, and its personnel shall not be considered employees or agents of Employer. 12.7 Severance and Interpretation. If any provision of this Agreement is found to be unenforceable, such provision shall be deemed to be deleted or narrowly construed to such extent as is necessary to make it enforceable and this Agreement shall otherwise remain in full force and effect. If any ambiguity or question of intent arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring either Party by virtue of authorship of any of the provisions of this Agreement. 12.8 Time__ rnitations. Except for actions for non-payment or for breach of BE's or its third -parties Intellectual Property Rights, no action arising out of or relating to this Agreement may be brought later than two (2) years after the cause of action became known to the injured Party. 12.9 Notices. All notices required or permitted under this Agreement and all requests for approvals, consents, and waivers must be delivered by a method providing for proof of deliver. Any notice or request will be deemed to have been given on the date of delivery. Notices and requests must be delivered to the Parties at the addresses on the first page of this Agreement until a different address has been designated by notice to the other Party. 12.10 Non -Solicitation of Employees. Neither Party shall directly solicit the services or employment of any employee of the other Party during the Term. The soliciting Party, who violates this section, shall pay to the other Party any amount equal to one (1) year's salary for any solicited employee of the other Party, as liquidated damages and not as a penalty. The amount of annual salary shall be the annual salary in effect at the date the employee was solicited. For purposes of this section, the term "employee" means current or former employees of the other Party who were employed by the other Party within three (3) months before solicitation occurred. 12.11 Public Reference and Press Releases. Employer consents to the verbal public use of its name as a client of BE. Employer hereby grants BE permission to distribute press releases upon contract signature. Such publicity may appear in BE publications and/or on BE's website. Employer will provide BE with a company logo only for use in such published materials. Any published materials will be subject to Employer's consent to both content and timing, such consent not to be unreasonably withheld or delayed; provided, however, that benefif x�rens - b ",nc rlanoe'1prhNri+,'... Employer grants BE the right to include Employer's name in BE's published client list without the need for Employer's consent. 12.12 Employer must send one or more persons to attend Software training at the offices of BE within the first 90 days of the contracted term. 12.13 Entire Agreement. This Agreement and the Exhibits listed below and referred to herein, together with any addenda signed by the Parties (collectively, the "Agreement"), constitute the entire agreement between BE and Employer with respect to the License, Services, Software and other subject matter of this Agreement, and may only be modified by a written amendment or addendum signed by both BE and Employer. No employee, agent or other representative of either BE or Employer has authority to bind the other with regard to any statement, representation, warranty, or other expression unless it is specifically included within the express terms of this Agreement or a written addendum signed by both BE and Employer, All purchase order, prior agreements, representations, statements, proposals, negotiations, understandings, and undertakings with respect to the subject matter of this Agreement are superseded by this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers or representatives as of the day and year set forth above. For Benefit Express Services, LLC: (Signed) (Printed) (Date) i i Benefit Express Services, LLC Technology and Services Agreement Benefit Express Services, LLC Technology and Services Agreement Exhibit A - Notices and Contact Information 1.0 Notices from Employer shall be sent to: Benefit Express Services, LIC Attn: Kelly McMillen 1700 East Golf Road, Suite 1000 Schaumburg, IL 60173 2.0: Notices from Benefit Express Services, LLC be sent to: (Please provide Employer Contact Information) Company Name i I 9 =I)Aj ayt CO i,r1} _ Company Street Address J_10 0 �5+y-C¢* . Company Street City VL✓p Lite. Company Street StatE Company Street Postal Code 40 Primary Contact Name .. I i S:a 'OL , U Primary Contact Phone Number �7� �22b�C Z Primary Contact Fax Number :: ! 7 -�' -770:7 4ra0 Primary Contact Email Address LL T >D.i Company Billing Address %r M'>f'yf� - aL* eVT- Company Billing City Company Billing State Company Billing Postal Code Billing Contact Name ,-► n A Billing Contact Phone Number -7-7.A' ZU.—) Billing Contact Fax Number _- t- -2-7 A= —R-4- (i .::.�Q l% , Billing Contact Email Address. ���•C_ Benefit Express Services, LLC Technology and Services Agreement +, Exhibit B - Optional Payment Authorization — Monthly -Fees Please complete the appropriate section for your preferred method of payment. Please provide a photocopy of the credit card or voided bank check in lieu of the bank information below along with the signed copy of this form. I authorize Benefit Express Services, LLC to initiate monthly deduction from my account shown below, for the amount and period specified, for payment of monthly fees. Credit Card Information Client Name: .... Name on Card: .. ❑ Visa ❑ Mastersrd American Express Card Number: ".. .... .. .. . Security Code: Expiration Date: Billing Address: City: State, Postal Code: EFT Informati1011 Name on Account: Account Number: i Bank Name: 4 Bank Routing Number (9 digits): i Invoicing Information c Same as previous page t Company Billing Addre : Company Billing City: " Company Billing State: , Company Billing Postal Code: Billing Contact Name: Billing Contact Phone Number: Billing Contact Fax Number: Billing Contact Email Address: I understand this authority is to remain in full force and effective until Benefit Express Services, LLC has received written notification from me of its termination in such time and manner as to afford Benefit Express Services, LLC and depositor a reasonable opportunity to act upon it, I have the right to stop payment of deduction to my credit card or bank account by notification to Benefit Express Services, LLC thirty (30) business days or more before this payment is scheduled to be made. Signature: Date: J 83 i k Benefit Express Services, LLC Technology and Services Agreement Exhibit C - Business Associate Addendum This Health Insurance Portability & Accountability Act Business Associate Addendum ("HIPAA Addendum') is an addendum to this Agreement (and incorporated therein by reference) by and between Benefit Express Services, LLC ("BE" or "Business Associate") and Employer ("Client" or "Covered Entity"). In order, to provide such services to Employer, the Business Associate must have access to certain protected health information ("Protected Health Information" or "PHI"), as defined in the Standards for Privacy of Individually Identifiable Health Information (the "Privacy Standards") set forth by the U.S. Department of Health and Human Services ("HHS") pursuant to the Health Insurance Portability and Accountability Act of 1996, ("HIPAA") and amended by the Health Information Technology for Economic and Clinical Health Act ("HITECH Act"), part of the American Recovery and Reinvestment Act of 2009 ("ARRA"), the Genetic Information Nondiscrimination Act of 2008 ("GINA"), and the final regulations to such Acts promulgated in January 2013; To comply with the requirements of the Privacy Standards, the Covered Entity must enter into this Business Associate Addendum with the Business Associate. Now, therefore, in consideration of the mutual covenants and agreements hereinafter contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto agree as follows: Definitions The following terms used in this Addendum shall have the same meaning as those terms in the Privacy Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Secretary, Subcontractor, and Use. If other terms are used, but not otherwise defined under this Business Associate Addendum, such terms shall then have the same meaning as those terms in the Privacy Rule. (a) Business Associate. "Business Associate" shall generally have the same meaning as the term "business associate" at 45 CFR 160.103. (b) Covered Electronic Transactions. "Covered Electronic Transactions" shall have the meaning given the term "transaction"" in 45 CFR §160.103. (i) Covered Entity. "Covered Entity" shall generally have the same meaning as the term "covered entity" at 45 CFR 160.103. (d) Electronic Protected Health information. "Electronic Protected Health Information" shall have the same meaning as the term "electronic protected health information" in 45 CFR §160.103. (e) Genetic InLormation. "Genetic Information" shall have the same meaning as the term "genetic information" in 45 CFR §160.103 (f) HIPAA Rules. "HIPAA Rules" shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164. (g) Individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR §160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR §164.502(g). (h) Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, subparts A and E. (1) Protected Health Information1PHI). "Protected Health Information (PHI)" shall have the same meaning as the term "protected health information" in 45 CFR §160.103, limited to the information created or received by Business Associate from or on behalf of a Covered Entity pursuant to this Addendum. (j) Rsuirgd By Law. "Required By Law" shall have the same meaning as the term "required by law" in 45 CFR §164.103. Ik', Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human Services or his designee. (1) Standards for Electronic Transactions Rule. "Standards for Electronic Transactions Rule" means the final regulations issued by HHS concerning standard transactions and code sets under the Administration Simplification provisions of HIPAA, 45 CFR Part 160 and Part 162. (m) Security Incident. "Security Incident" shall have the same meaning as the term "security incident" in 45 CFR §164.304. (n) Security Rule. "Security Rule" shall mean the Security Standards and Implementation Specifications at 45 CFR Part 160 and Part 164, subpart C. (o) Subcontractor. "Subcontractor" shall have the same meaning as the term subcontractor in 45 CFR §160.103. (p) Transaction. "Transaction" shall have the meaning given the term "transaction" in 45 CFR §160.103 (q) Unsecured Protected Health Information. "Unsecured Protected Health Information" shall have the meaning given the term "unsecured protected health information" in 45 CFR §164.402. 11. Safeguarding Privacy and Security of Protected Health Information (a) Permitted Uses and Disclosures. The Business Associate is permitted to use and disclose Protected Health Information that it creates or receives on the Covered Entity's behalf or receives from the Covered Entity (or another business associate of the Covered Entity) and to j ,II Benefit Etpress Services, LLC: : benef t e-P rens Technology and Services Agreement request Protected Health Information on the Covered Entity's behalf (collectively, "Covered Entity's Protected Health Information") only: i) Functions and Activities on the Covered Entity's Behalf. To perform those services referred in the Exhibit A. ii) Business Associate's Operations. For the Business Associate's proper management and administration or to carry out the Business Associate's legal responsibilities, provided that, with respect to disclosure of the Covered Entity's Protected Health Information, either: (a) The disclosure is Required by Law; or (b) The Business Associate obtains reasonable assurance from any person or entity to which the Business Associate will disclose the Covered Entity's Protected Health Information that the person or entity will: (i) Hold the Covered Entity's Protected Health Information in confidence and use or further disclose the Covered Entity's Protected Health Information only for the purpose for which the Business Associate disclosed the Covered Entity's Protected Health Information to the person or entity or as Required by Law; and (ii) Promptly notify the Business Associate (who will in turn notify the Covered Entity in accordance with the breach notification provisions) of any instance of which the person or entity becomes aware in which the confidentiality of the Covered Entity's Protected Health Information was breached. (c) To de-identify the information in accordance with 45 CFR 164.514 as necessary to perform those services required under the Addendum. iii) Minimum Necessary. The Business Associate will, in its performance of the functions, activities, services, and operations specified above, make reasonable efforts to use, to disclose, and to request only the minimum amount of the Covered Entity's Protected Health Information reasonably necessary to accomplish the intended purpose of the use, disclosure or request, except that the Business Associate will not be obligated to comply with this minimum-necessary limitation if neither the Business Associate nor the Covered Entity is required to limit its use, disclosure or request to the minimum necessary. The Business Associate and the Covered Entity acknowledge that the phrase "minimum necessary" shall be interpreted in accordance with the HITECH Act. (b) Prohibition on Unauthorized Use or Disclosure. The Business Associate will neither use nor disclose the Covered Entity's Protected Health Information, except as permitted or required by this Addendum or in writing by the Covered Entity or as Required by Law. This Agreement does not authorize the Business Associate to use or disclose the Covered Entity's Protected Health Information in a manner that will violate Subpart E of 45 CFR Part 164 if done by the Covered Efd ty: (c) Information Safeguards. i) Privacy of the Covered Entity's Protected Health Information. The Business Associate will develop, implement, maintain, and use appropriate administrative, technical, and physical safeguards to protect the privacy of the Covered Entity's Protected Health Information. The safeguards must reasonably protect the Covered Entity's Protected Health Information from any intentional or unintentional use or disclosure in violation of the Privacy Rule and limit incidental uses or disclosures made to a use or disclosure otherwise permitted by this Addendum. ii) Security of the Covered Entity's Electronic Protected Health Information. The Business Associate will develop, implement, maintain, and use administrative, technical, and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of Electronic Protected Health Information that the Business Associate creates, receives, maintains, or transmits on the Covered Entity's behalf as required by the Security Rule. The Business Associate will comply with Subpart C of 45 CFR Part 164 with respect to Electronic Protected Health Information, to prevent use or disclosure of protected health information other than as provided for by the Addendum. iii) No Transfer of PHI Outside United States. Business Associate will not transfer Protected Health Information outside the United States without the prior written consent of the Covered Entity. In this context, a "transfer" outside the United States occurs if Business Associate's workforce members, agents, or subcontractors physically located outside the United States are able to access, use, or disclose Protected Health Information. iv) Policies and Procedures. The Business Associate shall maintain written policies and procedures, conduct a risk analysis, and train and discipline of its workforce. (d) Subcontractors and Agents. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, the Business Associate will ensure that any of its Subcontractors and agents that create, receive, maintain, or transmit Protected Health information on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such information. (e) Prohibition on Sale of Records. As of the effective date specified by HHS in final regulations to be issued on this topic, the Business § Associate shall not directly or indirectly receive remuneration in exchange for any Protected Health Information of an individual unless the Covered Entity or Business Associate obtained from the individual, in accordance with 45 CFR §164.508, a valid authorization that includes a specification of whether the Protected Health Information can be further exchanged for remuneration by the entity receiving Protected Health Information of that individual, except as otherwise allowed under the HITECH Act. (f) Prohibition on Use or Disclosure of Genetic Information. Business Associate shall not use or disclose Genetic Information for' s 9 underwriting purposes in violation of the HIPAA rules. i t 85 I i • Benefit EVress Services, L. . benefitel rens Technology and Services Agreement bM1At„1,. ,.I,1w.a►P4Vk_Q.. L (g) Penalties for Noncompliance. The Business Associate acknowledges that K is'subject to civil and criminal enforcement for failure to comply with the privacy rule and security rule under the HIPAA Rules, as amended by the HITECH Act. III. Compliance with Electronic Transactions Rule If the Business Associate conducts in whole or part Electronic Transactions on behalf of the Covered Entity for which HHS has established standards, the Business Associate will comply, and will require any Subcontractor or agent it involves with the conduct of such Transactions to comply, with each applicable requirement of the Electronic Transactions Rule. The Business Associate shall also comply with the National Provider Identifier requirements, if and to the extent applicable. IPI (a) (b) VI. (c) (a) (b) (c) Obligations of the Covered Entity Notice of Privacy Practices. Client shall provide BE with the notice of privacy practices that it produces in accordance with 45 CFR Section 164.520, as well as any changes to such notice. BE shall not be responsible for the content of the Notice nor any error or omission in the notice. Notification of Changes and Restrictions. The Covered Entity shall notify the Business Associate of: i, Any limitation(s) in its notice of privacy practices of the Covered Entity in accordance with 45 CFR §164.520, to the extent that i such limitation may affect the Business Associate's use or disclosure of Protected Health Information; ii. Any changes in, or revocation of, permission by the Individual to use or disclose Protected Health Information, to the extent that such changes may affect the Business Associate's use or disclosure of Protected Health Information; and iii. Any restriction to the use or disclosure of Protected Health Information that the Covered Entity has agreed to in accordance with 45 CFR §164.522, to the extent that such restriction may affect the Business Associate's use or disclosure of Protected Health Information. Responsibility for Further Disclosures. Client shall be responsible for ensuring that further disclosure by Client of PHI (including, but not limited to, disclosures to employers, plan sponsors, agents, vendors and group health plans) complies with the requirements of HIPAA and applicable federal and state laws. Permissible Requests by the Covered Entity The Covered Entity shall not request the Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by the Covered Entity. Individual Rights Access. The Business Associate will, within twenty-five (25) calendar days following the Covered Entity's request, make available to the Covered Entity or, at the Covered Entity's direction, to an individual (or the individual's personal representative) for inspection and obtaining copies of the Covered Entity's Protected Health Information about the individual that is in the Business Associate's custody or control, so that the Covered Entity may meet its access obligations under 45 CFR §164.524. Effective as of the date specified by HHS, if the Protected Health Information is held electronically in a designated Record Set in the Business Associate's custody or control. The Business Associate will provide an electronic copy in the form and format specified by the Covered Entity if it is readily producible in such format; if it is not readily producible in such format, the Business Associate will work with the Covered Entity to determine an alternative form and format as specified by the Covered Entity to meet its electronic access obligations under 45 CFR 164.524. Amendment. The Business Associate will, upon receipt of written notice from the Covered Entity, promptly amend or permit the Covered Entity access to amend any portion of the Covered Entity's Protected Health Information in a designated record set as directed or agreed to by the Covered Entity, so that the Covered Entity may meet its amendment obligations under 45 CFR §164.526. Disclosure Accounting. The Business Associate will maintain and make available the information required to provide an accounting of disclosures to the Covered Entity as necessary to satisfy the Covered Entity's obligations under 45 CFR §164.528. i, Disclosures Subject to Accounting. The Business Associate will record the information specified below ("Disclosure Information") for each disclosure of the Covered Entity's Protected Health Information, not excepted.from disclosure accounting as specified below, that the Business Associate makes to the Covered Entity or to a third party. ii. Disclosures Not subject to Accounting. The Business Associate will not be obligated to record Disclosure Information or otherwise account for disclosures of the Covered Entity's Protected Health Information if the Covered Entity need not account for such disclosures under the HIPAA Rules. iii. Disclosure Information. With respect to any disclosure by the Business Associate of the Covered Entity's Protected Health Information that is not excepted from disclosure accounting under the HIPAA Rules, the Business Associate will record the following Disclosure Information as applicable to the type of accountable disclosure made: 1. Disclosure Information Generally. Except for repetitive disclosures of the Covered Entity's Protected Health Information as specified below, the Disclosure Information that the Business Associate must record for each accountable disclosure is (1) the disclosure date, (2) the nameand (if known) address of the entityto which the Business :• beneftexpr+es's ivE+e. xfrdo�l+ro d'A+�+. Benefit Express Services, LLC Technology and Services Agreement Associate made the disclosure, (3) a brief description of the Covered Entity's Protected Health Information disclosed, and (4) a brief statement of the purpose of the disclosure. 2. Disclosure Information for Repetitive Disclosures. For repetitive disclosures of the Covered Entity's Protected Health Information that the Business Associate makes for a single purpose to the same person or entity (including the Covered Entity), the Disclosure Information that the Business Associate must record is either the Disclosure Information specified above for each accountable disclosure, or (1) the Disclosure Information specified above for the first of the repetitive accountable disclosures; (2) the frequency, periodicity, or number of the repetitive accountable disclosures; and (3) the date of the last of the repetitive accountable disclosures. iv. Availability of Disclosure Information. The Business Associate will maintain the Disclosure Information for at least 6 years following the date of the accountable disclosure to which the Disclosure Information relates (3 years for disclosures related to an Electronic Health Record, starting with the date specified by HHS). The Business Associate will make the Disclosure Information available to the Covered Entity within fifty (50) calendar days following the Covered Entity's request for such Disclosure Information to comply with an individual's request for disclosure accounting. Effective as of the date specified by HHS, with respect to disclosures related to an Electronic Health Record, the Business Associate shall provide the accounting directly to an individual making such a disclosure request, if a direct response is requested by the individual. To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s); and make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules. (c) Restriction Agreements and Confidential Communications. The Covered Entity shall notify the Business Associate of any limitations in the notice of privacy practices of Covered Entity under 45 CFR §164.520, to the extent that such limitation may affect the Business Associate's use or disclosure of Protected Health Information. The Business Associate will comply with any agreement that the Covered Entity makes that either (i) restricts use or disclosure of the Covered Entity's Protected Health Information pursuant to 45 CFR §164.522(a), or (ii) requires confidential communication about the Covered Entity's Protected Health Information pursuant to 45 CFR §164.522(b), provided that the Covered Entity notifies the Business Associate in writing of the restriction or confidential communication obligations that the Business Associate must follow. The Covered Entity will promptly notify the Business Associate in writing of the termination of any such restriction agreement or confidential communication requirement and, with respect to termination of any such restriction agreement, instruct the Business Associate whether any of the Covered Entity's Protected Health Information will remain subject to the terms of the restriction agreement. Effective February 17, 2010 (or such other date specified as the effective date by HHS), the Business Associate will comply with any restriction request if: (i) except as otherwise required by law, the disclosure is to a health plan for purposes of carrying out payment or health care operations (and is not for purposes of carrying out treatment); and (ii) the Protected Health Information pertains solely to a health care item or service for which the health care provider involved has been paid out-of-pocket in full. VII. Breaches and Security Incidents lal Reporting I. Impermissible Use or Disclosure. The Business Associate will report to Covered Entity any use or disclosure of Protected Health Information not permitted by this Addendum not more than fifteen (15) calendar days after Business Associate becomes aware of such non -permitted use or disclosure. ii. Privacy or Security Breach. The Business Associate will report to the Covered Entity any use or disclosure of the Covered Entity's Protected Health Information not permitted by this Addendum of which it becomes aware, including breaches of Unsecured Protected Health Information as required by 45 CFR 164.404, and any Security Incident of which it becomes aware. The Business Associate will make the report to the Covered Entity's Privacy Official not more than fifteen (15) calendar days after the Business Associate becomes aware of such non -permitted use or disclosure. If a delay is requested by a law-enforcement official in accordance with 45 CFR §164.412, the Business Associate may delay notifying the Covered Entity for the applicable time period. The Business Associate's report will at least: 1. Identify the nature of the Breach or other non -permitted use or disclosure, which will include a brief description of what happened, including the date of any Breach and the date of the discovery of the Breach; 2. Identify the Covered Entity's Protected Health Information that was subject to the non -permitted use or disclosure or Breach (such as whether full name, social security number, date of birth, home address, account number or other information were involved) on an individual basis; 3. Identify who made the non -permitted use or disclosure and who received the non -permitted use or disclosure; 4. Identify what corrective or investigational action the Business Associate took or will take to prevent further non - permitted uses or disclosures, to mitigate harmful effects and to protect against any further Breaches; 5. Identify what steps the individuals who were subject to a Breach should take to protect themselves; and 6. Provide such other information, including a written report and risk assessment under 45 CFR §164.410, as the Covered Entity may reasonably request. LIM Benefit Express Services, LIC b e n e fi t o x, press Technology and Services Agreement iii. Security Incidents. The Business Associate will report to The Covered Entity any Security Incident of which the Business Associate becomes aware. The Business Associate will make this report once per month, except if any such Security Incident resulted in a disclosure not permitted by this Addendum or Breach of Unsecured Protected Health Information, Business Associate will make the report in accordance with the provisions set forth above. (b) Mitigation. The Business Associate shall mitigate, to the extent practicable, any harmful effect known to the Business Associate resulting from a use or disclosure in violation of this Addendum. WI6 Term and Termination (a) Term. The term of this Addendum shall be effective as of the date specified within the Service Agreement, and shall terminate when all Protected Health Information provided by the Covered Entity to the Business Associate, or created or received by the Business Associate on behalf of the Covered Entity, is destroyed or returned to the Covered Entity, or, if it is infeasible to return or destroy Protected Health Information, protections are extended to such information, in accordance with the termination provisions in this section. (b) Right to Terminate for Cause. The Covered Entity may terminate this Addendum if it determines, in its sole discretion, that the Business Associate has breached a material term of this Addendum, and upon written notice to the Business Associate of the breach, the Business Associate fails to cure the breach within thirty (30) calendar days after receipt of the notice. Any such termination will be effective immediately or at such other date specified in the Covered Entity's notice of termination. Vic, Treatment of Protected Health Information on Termination. i. Return or Destruction of Covered Entity's Protected Health Information as Feasible. Upon termination or other conclusion of the Service Agreement, the Business Associate will, if feasible, return to the Covered Entity or destroy all of the Covered Entity's Protected Health Information in whatever form or medium, including all copies thereof and all data, compilations, and other works derived therefrom that allow identification of any individual who is a subject of the Covered Entity's Protected Health Information. This provision shall apply to Protected Health Information that is in the possession of Subcontractors or agents of the Business Associate. Further, the Business Associate shall, upon request, require any such Subcontractor or agent to certify to the Business Associate that it returned to the Business Associate (so that the Business Associate may return it to the Covered Entity) or destroyed all such information which could be returned or destroyed. ii. Procedure When Return or Destruction Is Not Feasible. The Business Associate will identify any of the Covered Entity's Protected Health Information, including any that the Business Associate has disclosed to subcontractors or agents as permitted under this Addendum, that cannot feasibly be returned to the Covered Entity or destroyed and explain why return or destruction is infeasible. The Business Associate will limit its further use or disclosure of such information to those purposes that make return or destruction of such information infeasible. The Business Associate will complete these obligations as promptly as possible, but not later than thirty (30) calendar days following the effective date of the termination or other conclusion of this Addendum. iii. Continuing Privacy and Security Obligation. The Business Associate's obligation to protect the privacy and safeguard the security of the Covered Entity's Protected Health Information as specified in this Addendum will be continuous and survive termination or other conclusion of this Addendum. IL Miscellaneous Provisions (a) Definitions. All terms that are used but not otherwise defined in this Addendum shall have the meaning specified under HIPAA, including its statute, regulations and other official government guidance. ;t: Inspection of Internal Practices, Books, and Records. The Business Associate will make its internal practices, books, and records relating to its use and disclosure of the Covered Entity's Protected Health Information available to the Covered Entity and to NHS to determine compliance with the HIPAA Rules. kc 1, Amendment to Agreement. This Addendum may be amended only by a written instrument signed by the parties. In case of a change in applicable law, the parties agree to negotiate in good faith to adopt such amendments as are necessary to comply with the change in law. (d) No Third -Party Beneficiaries. Nothing in this Addendum shall be construed as creating any rights or benefits to any third parties. le': Regulatory References. A reference in this Business Associate Addendum to a section in the Privacy Rule means the section as in effect or as amended. Survival. The respective rights and obligations of the Business Associate under this Addendum shall survive the termination of this Addendum. (g) Interpretation. Any ambiguity in this Addendum shall be resolved to permit the Covered Entity to comply with the HIPAA Rules. (h) Notices. All notices hereunder shall be in writing and delivered by hand, by certified mail, return receipt requested or by overnight delivery. Notices shall be directed to the parties at their respective addresses or at such other addresses as the parties may from time to time designate in writing. benefitexwess !,rr.• ro wise. "IdIdUr ip 4AW". a. Benefit Express Services, LLC Technology and Services Agreement Entire Agreement; Modification. This Business Associate Agreement represents the entire agreement between the Business Associate and the Covered Entity relating to the subject matter hereof. No provision of this Business Associate Addendum may be modified, except in writing, signed by the parties. J? Assistance in Litigation or Administrative Proceedings. The Business Associate shall make itself, and any subcontractors, employees or agents assistingthe Business Associate in the performance of its obligations underthis Agreement, available to the Covered Entity, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against the Covered Entity, its directors, officers, or employees based upon a claimed violation of HIPAA, the HIPAA regulations, or other laws relating to security and privacy, except where the Business Associate or its subcontractors, employees, or agents are named as an adverse party. (k) Binding Effed, This Business Associate Addendum shall be binding upon the parties hereto and their successors and assigns. i I) Governing Law, Jurisdiction, and Venue. This Agreement shall be governed by the law of Florida, except to the extent preempted by federal law. m Severability. The invalidity or unenforceability of any provisions of this Addendum shall not affect the validity or enforceability of any other provision of this Addendum, which shall remain in full force and effect. ;n) Construction and Interpretation. The section headings contained in this Addendum are for reference purposes only and shall not in any way affect the meaning or interpretation of this Addendum. This Addendum has been negotiated by the parties at arm's-length and each of them has had an opportunity to modify the language of the Addendum. Accordingly, the Addendum shall be treated as having been drafted equally by the parties and the language shall be construed as a whole and according to its fair meaning. Any presumption or principle that the language is to be construed against any party shall not apply. This Addendum may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (o; Enhanced Decision Support. In the event Covered Entity selects any service within the Service Agreement containing the characteristics including but not limited to (1) employee data analytics, (2) benefits recommendation engine(s), (3) custom employee benefits analysis, or (4) other similar services (each an "Enhanced Decision Support" service) as an included service to be provided by Business Associate, then this Section IX(o) shall apply. Both parties agree that (1) Business Associate will provide de - identified participant information to a subcontractor for the purposes of conducting the Enhanced Decision Support services, (2) the de -identified information will not be considered an unauthorized use or disclosure under Subpart E of 45 CFR Part 164, (3) the de -identified information, shared by Business Associate with the subcontractor, will not be considered a sale of records notwithstanding the fact that the subcontractor shall also thereafter own the de -identified information ("Resultant Data"), and, if it is considered a sale of records, Covered Entity is authorizing this sale of records, per 45 CFR Part 164.508, and (4) Business Associate will not be required to return or destroy the de -identified information, per 45 CFR Part 164.306, as the information provided to the subcontractor does not contain any identifiable PHI or PII. of benef te�xpress Exhibit D - statement _of Work (SOW) benefitsCONNECT Package Pricing Benefit Express Services, LLC Technology and Services Agreement benefrtsCONNECTO offers a full suite of benefits administration and support services. benefitsCONNECTO solutions are designed for each unique employer group through a customizable pricing model. • Traditional Package benefitSCONNECT@ Traditional Package Services Traditional Package offers implementation services as well as year-round support with a dedicated account manager, giving you a peace of mind knowing that the group is in good hands. This account manager can have direct contact with your HR team at the group and can assist with mid -year changes and reconciling data discrepancies. Traditional Package includes: • bCEnroll—the employee self-service user interface (UI) • Plan comparison • Access to video libraries and Spanish/English translation • Setup for EOI questions • Up to ten (10) carrier connections At the end of each month, the number of Active, COBRA, FMLA and Retired employees in your system are tallied and you are billed accordingly. There is no charge for Inactive, Terminated or Deceased employee records. 0 Implementation Fee - Waived Traditional Pid age Retirees $2.00 PEPM Ongoing Dependent Audit & Verification $0.10 PEPM Evidence of Insurability Services $0.10 PEPM ACA Manager Access $0.25 PEPM ACA E -Filing - Required $3.00 PPPY ACA Fulfillment - (Postage Not $3.00 PPPY Included) Optional ' Pricing is calculated on a Per Employee Per Month (PEPM) basis as shown. At the end of each month, the number of Active, COBRA, FMLA and Retired employees in your system are tallied and you are billed accordingly. There is no charge for Inactive, Terminated, or Deceased employee records. -14 benefitexprress Implementation Services Benefit Express Services, LLC Technology and Services Agreement benefitscoNNECT• offers many unique services to meet your clients' needs. Please select from the services below to ensure the right offering for each of your groups. Traditional Package Implementation: Included in PEPM Traditional Implementation — Includes the following for each employer group: • Welcome/Introduction call • "Kick off' and initial planning meeting • Dedicated Implementation specialist for the duration of the implementation project • benefitscoNNEcre Implementation project review • Regular project communications with specialist • Provision of file formats necessary for a seamless EDI integration • Employee census consultation • Plan testing coordination • One (1) hour system overview with Q&A (broker & HR Team) — includes a tutorial on: • Change Company Level Settings • Add/Maintain Employees • Change Benefit Level Settings • Configure & Run Reports • Schedule Reports • Answer Common Questions • Assistance with resolution of carrier data discrepancies • Assistance with system, plan, and employee updates (as necessary) • Assistance with ad hoc report services (creating, running, scheduling custom reports) • Employer group training 92 Benefit Express Services, LLC benefitexpress Technology and Services Agreement Connectivity Services Electronic Data Interchange (EDI)/Integrations/Plug-ins'- 3 Traditional Package EDI — Includes ten (10) carrier connections in the PEPM Programming — Includes the following for each Export/Connection: • Provide client with free access to benetitsCONNECTO's online web -based project tracking software (EDIE)4 • Discovery/Analysis — Review file specifications with the carver and define mapping rules • Programming • Testing (Structural, Scenario, and Discrepancy)/Documentation • Promotion to Production Maintenance/Monitoring/Support Maintenance, monitoring, and support include the following for each Export/Connection: • Project Meetings • Unlimited Data Transactions/Ongoing File Export Monitoring • Support for Export File Format Changes Updates (including mandatory carrier updates) • Support for Bug Fixes • Open Enrollment rollovers for new plan years for standard exports5 • Manual upload services for carriers without an automated file transport mechanism Client Expectations • Client will be responsible for reaching out to carriers to make sure they will accept EDI files for specific groups • Client will provide benefitsCONNECT9 with the technical contact at the carrier side • Client will be responsible for fixing data issues as a result of discrepancies between benefitsCONNECT® and carrier systems enrollment data • Client will ensure that benefitsCONNECT® software is updated with aWd up-to-date enrollment data once initial enrollments have been loaded ' All feeds are subject to monthly maintenance charges of $75 per feed. Additional programming costs resulting from broker change requests will be subject to hourly charges. 3 Note: EDI services require 100 life minimum. " Client must attend monthly EDIE Training webinar within 30 days of the start of their first project. s Open enrollment rollover is covered for all exports connected to individual groups. Any consolidated (multi -company) rollover will be subject to hourly charges. IN i Benefit Express Services, I.I.G. benef express Technology and Services Agreem t w�:...irtwriirdrlwn. Additional Servilees - Connectivity Additional LDI Connections /Integrations/Plug-ins, beyond the included 10 feeds – $995 per feed setup (per group) + $75 per month maintenance fee.' Payroll / HRIS – $5,495 per feed setup (per group) + $75 per month maintenance fee.7 Employee and employer deduction reporting—shows all deductions. Files can be customized to the payroll vendor's preferred format. Generate and distribute plan enrollment data. Applies to the Munis and AGD payroll feeds. Additional Development – Hourly fee of $295 with a two hour minimum for all work. This applies to custom work outside of the scope of the agreed upon services, only at the request of Indian River County. Evidence Of Insurability Implementation- 6 Additional programming costs resulting from broker change requests will be subject to hourly charges. 94 T-?p1WffV,1rf '3.7. Opee Of consent Agenda 04MI&1202,3 INDIAN, RIVER COUNTY ATTORNEY Dylan Rein d, County Attorney % lism K. DeBraaL Dep uty County Attowey Susan J. Pra0o, Assistant .County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, PE., Public Works Director FROM: Dylan Reingold, County Attorney DATE: April 14, 2023 SUBJECT: Memorandum of Understanding for Use of County Owned. Bucket Trucks with the Sheriff's Department Detectives with the Indian River County Sheriffs Office (Sheriffs 00ffl.rn with the Public Works Director, the Interim County Administrator and the* - . Attorney Memorandum request a Memoranduof Understanding Regarding Use of C64* ' W met Tucks (MOU). The bucket truck will be use# for purposes as set forth in the-.MOU, which is on file with the Clerk's Office. In the .past, the Sheriff's Office has been using bucket trucks from other municipalities but this arrangement has proven to be inconsistent and time consuming. The Cou* has a bucket truck that can be used by the Sheriffs Office on so as needed basis with 72 hours of advanced notice. Sheriff' Office employees that will be operating the bucket.truck have been trained can the use of the truck by Public Works staff and staff Is satisfied that such employees will operate the buckettruck in a safe and proper manner. - The MOU provides for the necessary insurance: and proper driver's licenses for the operators; FUNDING: There is no expenditure of County funds associated with this mfr. jTW WOMMENQ& QN: Staff recomnvnds the Board approve Me Msmorandum of Understanding for Use of County (meted Bucket Trucks with the Sher`s Department, and authorize the Chairman to execute the Release on behalf of the Board, Copies to: Richard B. Szpyrka, P.E., Public WWoft Director Indian River County Sheriff's twice Memorandum of Understanding for Use of County awned Bucket Trucks with the Sheriff's ©epartrrent April 14, 2023 Page 12 A#et*w.- tete of Gen" Counsel 4055 41st Avenue Vero Beach, FL 32060 MEMORANDUM OF UNDERSTANDING REGARDING USE OF COUNTY OWNED BUCKET TRUCKS BETWEEN THE INDIAN RIVER COUNTY SHERIFF'S OFFICE AND AND INDIAN RIVER COUNTY THIS MEMORANDUM OF UNDERSTANDING (Memorandum) is entered into this day of April, 2023, by the Indian River County Sheriff's Office, 4055 41st Avenue, Vero Beach, FL 32960, hereafter referred to as the "Sheriff' and Indian River County, a political subdivision of the State of Florida, 1801 27°i Street, Vero Beach, Florida, 32960 hereafter referred to as "County". WITNESSETH WHEREAS, the Sheriff has been installing surveillance cameras on utility poles throughout the County in order to assist in criminal investigations; and WHEREAS, the Sheriff uses a bucket truck to install these cameras and has been borrowing a bucket truck from various local municipalities to perform the installations; and WHEREAS, the County has several bucket trucks and can allow the Sheriff to use one after the Sheriff and the County have coordinated scheduling of the truck; and WHEREAS, the Sheriff receives its funding from the Board of County Commissioners from the County's collection of taxes and the Sheriff's employees who will be using the County's bucket truck have been trained in the use of the truck and have all applicable licenses and permissions. For the purposes of this Memorandum, the Sheriff's use of the bucket truck shall not be considered contrary to the County Administrative Manual. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Sheriff and the County hereby agree as follows: The foregoing recitals are true and incorporated as if fully restated herein. 2. The Sheriff shall be permitted to use a County owned bucket truck for the sole purpose of installing, removing or maintaining surveillance cameras on utility poles in furtherance of criminal investigations. Use of the truck shall be subject to availability on an as -needed basis and shall be scheduled at least 72 hours in advance with the County Public Works Director. At the time of scheduling, the parties shall determine how long the Sheriff will use the truck and will agree on a return date. During the Sheriff's use of the bucket truck, the following conditions shall apply.* a. All drivers of the bucket truck shall possess the necessary Commercial Driver's Licenses. b. All operators shall be trained in the care, operation and use of the bucket mechanism. c. All applicable policies of the Sheriffs insurance shall be primary, including, but not limited to vehicle, workers' compensation, general liability and property. The County shall be named as additional insured on all applicable policies. 97 d. Following use of the truck, it shall be returned in good condition, normal wear and tear excepted. Any damage to the vehicle or its components and equipment caused during the use by the Sheriff shall be repaired at the sole expense of the Sheriff. The County reserves the right to choose a repair facility for the repair of the damage. 3. The Sheriff represents that all drivers and operators possess all necessary training, permits, permissions, licenses and other required credentials to install the surveillance cameras on the utility poles. 4. This Memorandum may only be modified in writing by mutual agreement of both parties. The County or Sheriff may terminate this Memorandum providing thirty days' notice to the other party. 5. The Sheriff shall defend, hold harmless, and indemnify the County, including its County's commissioners, employees, and agents from and against any and all claims, causes of action, losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to. the Sheriffs negligence, intentional misconduct, or violation of this Memorandum or applicable law. 6. Notices concerning this Memorandum shall be made to the other party at the appropriate address below: If to the Sheriff: Indian River County Sheriffs Office Attention: 4055 41 st Avenue Vero Beach, FL 32960 If to the County: Indian River County Attention: Public Works Director 1801 27th Street Vero Beach, Florida 32960 SIGNATURE PAGE TO FOLLOW 2 IN WITNESS WHEREOF the County and the Sheriff have caused these presents to be executed in their names, the day and year first above written. INDIAN RIVER COUNTY INDIAN RIVER COUNTY BOARD OF SHERIFF'S OFFjtE COUNTY COMMISSIONERS Joseph H. Earman, Chairman BCC Approved: WITNESS: _k_�9t, rn Witness printed name: Approved: WITNESS: ig4 � SyuApk Witness printed name: S cc, Sa go; e. Py John A. Titkanich, Jr. County Administrator NEER co °2� INDIAN RIVER COUNTY, FLORIDA 2 AGENDA ITEM * * Assistant County Administrator / '`�oRivr� Department of General Services Parks and Recreation Date: March 20, 2023 To: The Honorable Board of County Commissioners Through: Michael C. Zito, Interim County Administrator Kristen Daniels, Budget Director From: Beth Powell, Director Parks and Recreation Subject: Work Order Number 9, Continuing Architectural Services RFQ 2018063 —New Victor Hart Sr Complex Restroom/Concession Building BACKGROUND: On November 13, 2018, the Board of County Commissioners approved Continuing Architectural Services Agreements for RFQ 2018063 between Indian River County and Edlund, Dritenbas, Binkley Architects & Associates, Inc. Work Order Number 9, under the current Continuing Architectural Services Agreements for RFQ 2018063, would provide for Schematic Design/Design Development, Construction Documents, Assistance with Bidding and Permitting, and Construction Administration for the construction of the new restroom/concession building at Victor Hart Sr Enhancement Complex. Below is a breakdown of the total costs: Service Cost Schematic Design/Design Development $ 9,500 Construction Documents $ 26,500 Assistance with Bidding and Permitting $ 500 Construction Administration $ 1,000 Total $ 37,500 FUNDING: Funding for Work Order Number 9 is budgeted and available in Optional Sales Tax/Parks/Victor Hart Sr Restroom/Concession Building Account, number 31521072-066510-23019, in the amount of $37,500.00. Description Account Number Amount Optional Sales Tax/Parks/Victor Hart Sr Restroom/Concession Building 31521072-066510-23019 $37,500.00 C:\Granicus\Legistar5\L5\Temp\d415dd68-5a9a-4c 18-8cbf-11ba6c982b36.docx 100 RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 9, for the New Victor Hart Sr Complex Restroom/Concession Building, in accordance with the Continuing Architectural Services Agreements for RFQ 2018063, with Edlund, Dritenbas, Binkley Architects & Associates, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Work Order Number 9. ATTACHMENT: Work Order Number 9, Edlund, Dritenbas, Binkley Architects & Associates, Inc. — Continuing Architectural Services RFQ 2018063, — New Victor Hart Sr Complex Restroom/Concession Building Facility DISTRIBUTION Edlund, Dritenbas, Binkley Architects & Associates, Inc Approved Agenda Item for April 18, 2023 C:\Granicus\Legistar5\L5\Temp\d415dd68-5a9a-4c18-8cbf-11ba6c982b36.docx 101 ARCHITECTURAL SERVICES WORK ORDER 9 New Victor Hart Sr Complex Restroom/Concession Building This Work Order Number 9 is entered into as of this _ day of , 202_, pursuant to that certain Continuing Architectural Services Agreement for Professional Services entered into as of the 131h day of November, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Edlund, Dritenbas, Binkley Architects & Associates, Inc. ("ARCHITECT"). The COUNTY has selected the ARCHITECT to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The ARCHITECT will perform the professional services within the timeframe and for the fees detailed in Exhibit A, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. ARCHITECT: By: Print Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joe Earman, Chairman Approved Date: Approved: Approved as to form and legal sufficiency: Michael Zito, Interim County Administrator Dylan T. Reingold, County Attorney 102 EDLUND • DRITENBAS • BINKLEY ARCHITECTS AND ASSOCIATES, P.A. 65 Ployal Palrn Parte, Ste D Vero Beach, FL 32960 Ph. (772) 569-4320 Fax (772) 569-9208 April 4.2023 TO: Indian lZiver County Parks & Recreation Attn: Joseph Tilton RE: Proposal for Architectural Services Victor Hart Park Restroom Architects Comm. #010423VB Dear Sir: This letter shall serve as our proposal and agreement for the preparation of documents necessary for building construction of the above referenced project. I. SCOPE The scope of work will consist of providing design and construction documents for a men and women's public restroom approximately 950 S.F. The previously completed i-iallstrom House/I lobart Restrooms plans will be enlarged for space for four water closets in women's restroom and two water closets/thvo urinals in men's restroom. 1I. ARCHITECTS BASIC SERVICES The Architect shall provide full permit documents for construction to be constructed by subcontractors or general contractor of the Owner's choice. Documents and services provided by the Architect and his employed Structural. Mechanical. Electrical and Plumbing Engineering sub -consultants will include the following: I) Data collection. additional field verifications. and meetings with Owner. if needed. 2) Construction documents. including all necessary plans liar building permit submission. 3) Provide electrical design for new lift station to serve this building, and coordinate with FPL to provide electric service design for this project. 4) Address plan review comments and make revisions as required. 5) Assist in obtaining construction bids. bidding administration. and addcndums as needed. 6) Construction administration shall include a preconstruction meeting periodic construction observations twice monthly. construction meeting with Owner and G.C.. RFi responses. submittals review. review of pay applications and any changes in the work. A punch list and final inspection will also be done. 103 II1. FEES FOR BASIC SERVICES Our fees will be a lump sum amount of $37,500, plus reimbursable expenses. Schematic Desi-ii/Design Development $9.500 Construction Documents $26.500 Bidding/Permitting $500 Construction Administration $1.000 Total $37,500 Reimbursable Expenses (estimated) ' , IV. PAYMENTS TO THE ARCHITECT The architect shall invoice monthly for completed work of the design team as they are incurred. Payments due the architect under this agreement shall bear interest at the rate of 1.5 percent per month commencing 30 days after the date of billing. If payments due the Architect are not received within the 45 days of invoice, the Owner agrees to assume responsibility for the cost of' all required collection services, legal fees. mediation services, and court costs, incurred in the interest of collecting, these fees. Venue shall lie in Indian River County. V. ASSUMPTIONS A. Utilities are readily available (water. sewer. electric). No offsite modifications will be required. B. A civil engineer will be hired directly by Owner for site plan design and approval documents, all site permitting, stormwater permits. site utility plans and permitting as needed. VI. OWNER'S RESPONSIBILITIES A. Your office, by way of the management oil ice. must furnish all available documents and systems data to assist the Architect in familiarizing himself with the existing; site infrastructure. including, but not limited to: surveys including tree locations environmental studies, soils reports. B. Your office must pay all applicable fees to agencies having jurisdiction over this project. C. Owner shall be responsible for all reprographic services for construction documents. VII. ARCHITECT'S HOURLY RATE SCIIEDULE Principals: John Binkley. Gregory Ldlund $165.00 per hour Registered Project Architects $125.00 per hour Intern Architects $105.00 per hour Technical level one - Senior CADD Designer $ 85.00 per hour Page 2 01' 5 104 Technical level two — CADD Designer S 7.00 per hour Technical level three — C'ADD Technician S 65.00 per hour Clerical and Accounting $ 50.00 per 1101.11- VIII. our VIII. ADDITIONAL SERVICES The following services may be provided when authorized by the Owner. The Owner ,vill compensate the Architect at the rates stipulated in Article VII. 1) interior decorating. 2) Consultation conceming replacements of any work damaged by fire or other cause during construction. 3) Making revisions in drawings, specifications or other documents when such revisions are inconsistent with instruction previously given by the Owner or any agent authorized by the Owner. 4) Preparing as built draNvings showing significant changes in work during construction or immediately alter building completion. 5) Providing or attending any board or agency presentation or negotiation at City. County or any permitting agencies having jurisdiction over the project. 6) Providing detailed preliminary cost data prior to construction documents. 7) Specialized engineering studies and design. 8) Security and surveillance systems design. billed at cost plus 1%. 9) Special consultants outside the normal mechanical. electrical, and plumbing services, billed at cost plus 1%. 10) Additional site visits beyond those stipulated in Article 11. IX. REIMBURSABLE EXPENSES Any expenses related to additional services due to a change in scope or program will be invoiced, as incurred, to the Owner at the following rates: 1) Mileagc at $0.58 per mile. 2) in House 24" x 36" prints at S 1.50 each. 3) OWSOurced printing services: a multiple of 1 5% direct cost. 4) Original computer plots at $10.00 each. 5) Special postage or mailing: a multiple of 15%direct cost. 6) Photocopies at 50.20 per sheet. 7) CD's with PDF flies of drawings to Owner and Contractors at $5.00 each. 8) Digital Color Renderings at $2,00.00 each. X. GENERAL A. As an instrument of service, all original documents remain the property of the Architect and may not be reproduced in any form or modified fashion, without the written consent of the Architect. B. The Architect shall invoice every two weeks. Invoices will be based on completed work for the services defined in Article 1 plus any additional services and reimbursable Pa(ve 3 ol'5 105 expenses accumulated during that period. Note: Architect's Reimbursable Expenses are listed in Article 1X of this agreement. C. Regular invoicing will be at two-week intervals. Payments due the Architect under this agreement shall bear interest at the rate of 1.5 percent per month commencing 30 days after the date of billing. if payments due the Architect are not received within 45 days of the date on the invoice, the Owner agrees to assume responsibility for the cost of all required collection services, legal fees. mediation or court costs, incurred in the interest of collecting these fees. D. In the event of any delinquent or disputed invoices, the Owner agrees that the Architect and his Professional Consultants may cease all ongoing efforts on the project until the outstanding invoice is paid or legally adjudicated. E. Disputes regarding this agreement shall be settled in the following order of precedence: Party to Party, Mediation, and Legal Adjudication. This agreement can be terminated by either party with (7) seven calendar day's written notice. The Architect and his subcontractors shall be compensated for all work completed up to the date of termination notice, including any reimbursable expenses incurred to the date. Venue shall lie in Indian River County. F. The Architect shall provide architectural services for the Project as described in this Agreement in a manner consistent with locally accepted standards for professional skill and care. The Architect, Architect's employees and Architect's consultants make no representation or warranty that every and all conditions will be discovered. G. EDB maintains Professional Liability insurance. in recognition of the relative risks, rewards and benefits of the Project to both the Owner and EDB, the risks have been allocated such that the Owner agrees, to the fullest extent permitted by law. to limit the liability of EDB to the Owner for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert -witness fees and costs, so that the total aggregate limit of EDB to the Owner shall not exceed $5.000.00, or EDB's total fee f'or services rendered on this Project, whichever is greater. It is intended that this limitation apply to any liability or cause of action for professional liability however alleged or arising unless otherwise prohibited by the laws of the State of Florida. Please note: According to Florida Statute 558.0035 an individual employee or agent may not be held individually liable for negligence. If you have any questions regarding this agreement, please call. Please initiate this agreement and return one copy to the architect to authorize commencement of the project. Sincerely. Date John F. Binklev. A.I.A. Architect Accepted Owner Page 4 of 5 106 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Date: April 5, 2023 To: The Honorable Board of County Commissioners Through: Michael C. Zito, Interim County Administrator Beth Powell, Acting General Services Director From: Leigh Anne Uribe, Human Services Program Coordinator Subject: Children's Services Advisory Committee's Annual Report, FY 2021-2022 BACKGROUND: Children's Services Advisory Committee (CSAC) met on March 13, 2023 and accepted the Annual Report for 2021-2022. The Annual Report encompasses the following information: ■ Names of members of CSAC, the Grant Review Subcommittee and the Needs Assessment Subcommittee ■ An overview of the history, mission and goals of the advisory committee ■ A summary of the funds awarded and expended for Children's Services ■ Agency year-end reports for children's programs For each program funded, the year-end report includes: Grant funds awarded and expended Number of children served and the cost per child Program outcomes for goals stated in the grant application RECOMMENDATION: Staff recommends the Board accept the Children's Services Advisory Committee's Annual Report for FY 2021-2022, as submitted. ATTACHMENT: Children's Services Advisory Committee's FY22 Annual Report Approved Agenda Item for April 18, 2023 107 D �+VERc ORiV INDIAN RIVER COUNTY CHILDREN'S SERVICES ADVISORY COMMITTEE ANNUAL REPORT October 1, 2021 - September 30, 2022 Healthy Children in a Healthy Community Children's Services Advisory Committee of Indian River County Human Services Division 1900 27th Street Vero Beach, Florida 32960 INDEX Children's Services Advisory Committee Members.................................................3 Mission....................................................................................................................4 Vision.......................... ......................... ...... ................4 ow 0 A. Overarching Goals .. .. ........................4 Background .......: :... .. .... ..............5 Advisory Committee and Subcommittees ................... .:�.. .....�........:5 Accountab`ity r` Collaborat' .f :.................. : 10.`..t . Gt Procets ............................................................... . .... FocusAreas................................................................................... x Children's Services Funding.... ................ .. ................. .... 6 ................... Program Funding ....................... .......................... ........ 6 Allocation of Funding..................................................................::..................................... 9 Year End Reports ....... .. ....... ............ .. ... ........................ 10 1 CHILDREN'S SERVICES ADVISORY COMMITTEE Laura Moss, County Commissioner Miranda Swanson, Chairperson Kerry Bartlett Heather Grail Barwick Susan Blaxill-Deal Michele Falls.,,t tl Eric Flowers, She ifs, 'oliJudyJones rtlleadov►�s, Judge bert McPartlanx r. David Moore Bob Schlitt Jr. a ter. Hope Woodhous r STAFF ,. r Leigh Uribe, Human Services a ..S 'S SMLANN PLANNING SUBCOMMITTEE HopWoodhoChairperson .: E Meredith Egan Bob Schlitt, Jr. Caryn Toole GRANT REVIEW & PROGRAM SUBCOMMITTE Bob Schlitt Jr. Chair erson . pe Heather Grail Barwick 0-4;/ 07 : , . usan Blaxill-Deal �,- . ..:" or Michele,Falls Sl rri Kolociziejczak ' -77 Wanda Lincoln Natalie Sanders Caryn Toole Hope Woodhouse __ 110 CHILDREN'S SERVICES ADVISORY COMMITTEE 2021-22 ANNUAL REPORT The purpose of the Children's Services Advisory Committee (CSAC), working as an advisory committee to the Indian River County Board of County Commissioners, is to give Indian River County children, age 0-18, the opportunity to grow up as "Healthy Children in a Healthy Community." The term "health" encompasses the socioeconomic, physical, mental, social, emotional, environmental, and educationaMiAl of a child's life. It is the primary objective of the committee to recommend a unified system of planning and delivery, by means of collaboration and cooperation, within ich children's needs can be identified, targeted, evaluated, and addressed by .theCS4C, through the powers and functions of the Boarclof County Commissioners. ,,y . F MISSION; The mission of the CSAC is to facilitate and coordinate the planning and develoomen , an effective and collaborative health and human services delivery system to meet,thd'ne of children of Indian River County. The CSAC stronl§"pports cultural diversity and encourages its funded 'programs demonstrat rogamsdemonstrate the inclusion of all children and families in program developmt:' implementation. (l; VISION ' a N The efforts of the CSAC will ensure the development of a shared vision for the health and human services delivery system in Indian River County, enabling funding sources and providers to define and perform their roles in a dynamically changing envir nt. OVER -ARCHING GOALS ■ Improve the capailsy of children i ndian River Couy by providing the skills and experiences necessary to succeed to adulthood in a safe, healthy and productive manner,,. :.K ft '. ■ Support caregivers - a child's most important resource to be and do what is needed to prepare and guide children to adulthood in a safe, healthy, and productive manner. 111 BACKGROUND By adoption of County Ordinance 1997-17 as an advisory board to the Indian River County Board of County Commissioners, the Children's Services Network was established. The name was later amended to Children's Services Advisory Committee on January 19, 1999 (Ordinance 1999-01.) The advisory committee is charged with: (a) inventorying current child welfare services. (b) conducting a needs assessmenfTor requireildren's services. (c) recommending a plan for providing additioAai needed child welfare services. (d) submitting recommendations to the Board of County.,Commissioners on matters affecting the welfare of children in Indian River County .. ADVISORY COMMITTEE AND SUBCOMMITTEES The CSAC is organized in accordance with Florida Statute 125.901 for the purpose ofproviding preventive, developmental treatment, and rehabilitative services for children. For the fiscal year being reported, the advisory committee was comprised of thirteen (13) members: seven (7) appointed by the Board of County Commissioners and six (6) ex -officio members. Ex - officio committee members include a County Commissioner toon-voting), the Superintendent of Schools, a representative of law enforcement, a County Judge, the Administrator of the Department of Health, and a representative of the Department of Children an&Families. Appointed committee members serve as representatives, from the community There are two standing subcommittees - Needs Assessment and Planning, and Grant Revle and Program. Subcommittees are chaired by an advisory board committee member. All committee and subcommittee members serve without compensation. ilob ACCOUNTABIL A# The CSAC is accountable to and functions under the Rion of the Indian River County Board of County Commissioners, through the Human Services Division, with the intent of maximizing local revenues, developing resources, and-suring fiscal and programmatic accountability of programs*Thp advisory committee is authorized to seek grants from state and federal agencies and accept donat' nsfrom. ublic and private sources, further allowing the best use of taxpayer dollars while rvi atest number of children simultaneously. COLLABORATION The role of the advisory committee is t advocate for children of Indian River County by increasing quality resources within the community without duplication of services. This is accomplished by a variety of strategies which involve collaborating with other agencies and children service providers. It is the policy of the Indian River County Board of County Commissioners to work in a cooperative venture with (but not limited to) such entities as the United Way, for profit and 112 not-for-profit organizations, municipalities within Indian River County, the Indian River County School District and all public agencies. In this way, the CSAC serves Indian River County by providing, or continuing to provide, both effective and improved children's services. GRANT PROCESS Each year the Needs Assessment and Planning subcommittee is responsible for surveying and identifying the needs of children in Indian River County. Through a needs assessment and asset mapping, funding priorities are established and a request for proposal (RFP) is released. The Grant Review and Planning subcommittee receives and reviews all funding requests and recommends program funding allocations to the*adaisory committee. Upon approval, the recommendation for funding is submitted to the Indian River County Board of County Commissioners who have final authority of tax dollars allocatecor Children's Services for the next fiscal year ,r . t. .. FOCUS AREAS %Maw,- During this reporting period, the Needs Assessment subcommittee, with regard to the 2019 Indian River Coity Community Needs Assessment of the current social, health and public safety services., in I n River County, established the Focus Areas of Need for 2021-22. Ranked in orclX ding priority, the focus areas were as follows. -49P AW mow .. 1. Early childhood development (age 0-5) 2. Quality remediation and enrichment programs that include a meaningful component of social emotional skill building and academic instruction Build parent capacity 4. Middle and high school programs that address risky behavior ° Beyond the scope of the focus areas, the increasing cycle of poverty was considered. A program's geographical location, early intervention and primary prevention efforts, as well as community collaborations and overall health of an agency requesting grant funding, are areas Df�prececlence over actual focus of needs. Mental health interventions were also evaluated within each focuskarea.� CHILDREN'S SERVICES FUNDING Funding for Children's Services was p 'fed through a payment of 0.125 mills of county ad valorem property taxs:or the fisca ear October 1, 2021 through September 30, 2022, the Indian River County 1136110-9t,'Coun toMmissioners approvgd funding in the amount of $2,319,674." PROGRAM FUNDING In 2021-2022, twenty-nine (29) agencies were awarded funding in support of forty-one (41) children's programs. The total funding expended was $2,267,035 (98%). 113 AGENCY PROGRAM AWARD ACTUAL % USED Big Brothers Big Sisters Community Based Mentoring 15,000.00 15,000.00 100% Big Brothers Big Sisters Passport to Early Literacy 85,000.00 72,204.81 85% Boys & Girls Clubs Afterschool and Summer Program 30,000.00 30,000.00 100% Catholic Charities The Samaritan Center 34,820.00 34,820.00 100% Childcare Resources Children in Centers 250,000.00 250,000.00 100% Childcare Resources Community & Family Services 134,536.00 134,536.00 100% Children's Home Society Teen Life Choices 60,000.00 33,239.59 55% Crossover Mission Building the Future of Crossover 85,000.00 85,000.00 100% Dasie Bridgewater Hope Center DHC Tutorial and Mentoring 27,500.00 27,500.00 100% Education Foundation STEP into Kindergarten 136,182.00 136,163.62 100% Environmental Learning Center STEAM Explorers 11,650.00 11,650.00 100% Economic Opportunities Council Early Bird - St. Helen's 25,000.00 25,000.00 100% Feed the Lambs FTL Academic Enrichment & Mentoring 12,500.00 12,500.00 100% Gifford Youth Achievement Center After School Education Program 60,680.00 60,680.00 100% Gifford Youth Orchestra Staging for Success 25,000.00 25,000.00 100% Healthy Start Coalition Parents as Teachers 116,500.00 116,499.60 100% Healthy Start Coalition Babies & Beyond 62,650.00 62,650.00 100% Healthy Start Coalition Coordinated Intake & Referral 20,000.00 20,000.00 100% Healthy Start Coalition Community Doula 20,000.00 20,000.00 100% Hibiscus Children's Center SafeCare 35,000.00 35,000.00 100% Hope for Families Center HFC - Shelter Children 35,000.00 34,999.50 100% Mental Health Association School Violence & Suicide Prevention 46,833.00 46,833.00 100% Miss B's Learning Bees Project COAEP 20,000.00 20,000.00 100% OCP Community Outreach Purpose Driven Youth 10,000.00 10,000.00 100% Pelican Island Audubon Society Audubon Advocates 25,000.00 25,000.00 100% Redlands Christian Migrant Association School Readiness Match 50,000.00 50,000.00 100% Redlands Christian Migrant Association Enhancing Infant and Toddler Care 75,500.00 75,500.00 100% Safe Families - Treasure Coast Safe Families 20,000.00 20,000.00 100% Substance Awareness Center School Based Prevention 90,000.00 89,999.99 100% Substance Awareness Center Re-Direct 90,000.00 90,000.00 100% Sunshine Physical Therapy Clinic Early Therapy Intervention 20,000.00 20,000.00 100% TT Hardy Online News Corp Young Journalist 10,000.00 10,000.00 100% The Learning Alliance Early Learning SEL Coach 53,000.00 53,000.00 100% The Learning Alliance Moonshot Reading Rocket 40,000.00 40,000.00 100% The Learning Alliance The Learning Alliance Tykes & Teens Family Connection Ce n rs Moonshot Acade ALTOSS 55,000.00 200,000.00 45,000.00 55,000.00 200,000.00 31,935.50 100% 100% 71% Tykes & Teens Healthy Families 36,800.00 36,799.98 100% Tykes & Teens Little Tykes 97,000.00 97,000.00 100% Willis Sports Association WSA-RBI - Fun at Bat 27,000.00 27,000.00 100% Youth Guidance Mentoring Academy 26,523.00 26,523.00 100% Total Expended — Children's Services $ 2,319,674.00 $ 2,267,034.59 98% A total of 17,249 children were served at an average $131.09 cost per child. The average 114 cost per is based solely on CSAC funding expended and not the agency's overall program budget. AGENCY PROGRAM ACTUAL SERVED COST PER Big Brothers Big Sisters Community Based Mentoring 15,000.00 30 500 Big Brothers Big Sisters Passport to Early Literacy 72,204.81 166 435 Boys & Girls Clubs Afterschool and Summer Program 30,000.00 664 45 Catholic Charities The Samaritan Center 34,820.00 27 1,290 Childcare Resources Children in Centers 250,000.00 165 1,515 Childcare Resources Community & Family Services 134,536.00 299 450 Children's Home Society Teen Life Choices 33,239.59 544 61 Crossover Mission Building the Future of Crossover 85,000.00 86 988 *Dasie Bridgewater Hope Center *DHC Tutorial and Mentoring 27,500.00 - - Education Foundation STEP into Kindergarten 136,163.62 205 664 Environmental Learning Center STEAM Explorers 11,650.00 49 238 Economic Opportunities Council Early Bird - St. Helen's 25,000.00 16 1,563 Feed the Lambs FTL Academic Enrichment & 12,500.00 58 216 Gifford Youth Achievement After School Education Program 60,680.00 259 234 Gifford Youth Orchestra Staging for Success 25,000.00 95 263 Healthy Start Coalition Parents as Teachers 116,499.60 206 566 Healthy Start Coalition Babies & Beyond 62,650.00 861 73 Healthy Start Coalition Coordinated Intake & Referral 20,000.00 1,531 13 Healthy Start Coalition Community Doula 20,000.00 223 90 Hibiscus Children's Center SafeCare 35,000.00 85 412 Hope for Families Center HFC - Shelter Children 34,999.50 190 184 Mental Health Association School Violence & Suicide Prevention 46,833.00 452 104 Miss B's Learning Bees Project COAEP 20,000.00 69 290 OCP Community Outreach Purpose Driven Youth 10,000.00 30 333 Pelican Island Audubon Society Audubon Advocates 25,000.00 215 116 Redlands Christian Migrant School Readiness Match 50,000.00 17 2,941 Redlands Christian Migrant Safe Families - Treasure Coast Enhancing Infant and Toddler Care Safe Families 75,500.00 20,000.00 44 215 1,716 93 Substance Awareness Center School Based Prevention ,. 89,999.99 5,280 17 Substance Awareness Center Re -Direct ' 90,000.00 265 340 Sunshine Physical Therapy Clinic Early Therapy Intervention A20,000.00 8 2,500 TT Hardy Online News Corp The Learning Alliance The Learning Alliance Young Journalist Early Learning SEL Coach' Moonshot Reading Rocket 10,000.00 53,000.00 40,000.00 106 422 2,366 94 126 17 The Learning Alliance Family Connection Centers 55,000.00 402 137 The Learning Alliance Moonshot Academy 200,000.00 425 471 Tykes & Teens ALTOSS 31,935.50 286 112 Tykes & Teens Healthy Families 36,799.98 306 120 Tykes & Teens Little Tykes 97,000.00 51 1,902 Willis Sports Association WSA-RBI - Fun at Bat 27,000.00 403 67 Youth Guidance Mentoring Academy 26,523.00 173 153 Total Children Served $ 2,267,034.59 17,294 $131.09 * Data not available at the time of this report. 115 ALLOCATION OF FUNDING Priorities Allocation # Served Cost Per 1- Early Childhood Development $ 942,053.01 5,070 $ 185.81 2 - Quality Remediation and Enrichment $ 555,953.00 5,028 $ 110.57 3 - Build Parent Capacity $ 452,520.50 7,202 $ 62.83 4 - Youth Risky Behavior $ 316,508.08 6,913 $ 45.78 :�R Wo YEAR END REPORTS Agencies are required to submit four quarterly reports during the grant year. The fourth quarter report is a final year-end summary of the program's goals and activities, as defined in the grant application, and the cumulative outcome for each. In some instances, reports include the cost per child/client served. Because CSAC funds a wide variety of programs addressing children's needs in Indian River County, it should be understood that the following variables affect the average cost per child reported in the year end reports: • Some programs are provided for individuals, others are for groups. • Some programs require highly trained professionals, while other can utilize volunteers. • Some programs are residential or home visit programs, while others are day programs. • Some programs are single source funding and others are shared funding. • Some programs are for one occurrence, while others serve one child the entire school year. 117 Big Brothers Big Sisters of Indian River County Community Based Mentoring Grant amount: $15,000 Funds used: $15,000 Total children served: 30 unduplicated children Cost per child: $500 Focus Area: Quality Remediation and Enrichment Program Program Description: Community Based Mentoring Program provides one-to-one mentoring for identified at -risk children/youth ages 5 —18. Enrolled children/youth are from low-income, single parent homes throughout Indian River County. Children/youth meet with their mentor outside of the school day, approximately two to four hours per week year-round with a focus on increasing student academic success and enhancing social -emotional growth. Collaboration: Indian River County School District, RSVP, United Way of Indian River County, Indian River Sheriff's Department, Our Savior Lutheran Church, Gifford Youth Activities Center, Youth Guidance, Community Church of Vero Beach, Baileys Medical Supplies, Bank of America, and Comcast. Goal 1: 75% of the targeted population who have participated in the Community Based Mentoring Program for three months or more will increase achievement in one or more academic subjects. Baseline: Grades reflected on report cards from first grading period for the 2021-2022 school year. Final report cards were obtained and reviewed by the Match Support Specialist. Baseline grades were compared to the year-end grades. As reported in the 3rd quarter report which aligns with the school year, all 30 of our students were successful in raising their grade in at least one academic subject in 2021-2022. Additionally, 28 of the students raised their grades in at least two academic subjects. The outcomes reflect a 100% goal achievement for Goal 1. Twenty-six remaining matches continued to meet during the summer months when schedules allowed. The 2022-2023 school year began in August and all matches have resumed weekly meetings. Academic baseline data will be established upon receipt of the first nine weeks report card. Goal 2: 75% of the targeted population who have participated in the Community Based Mentoring Program for three months or more and have been absent and/or tardy from school for any reason five or more times a semester will improve their attendance/tardy rates. Baseline: Report card attendance data from the first grading period for the 2021-2022 school year. Final report card data for the 2021-2022 school year reflected two of our students were not able to improve their attendance/tardy rate for the school year. Five of our 30 students struggled with attendance at some point in the school year, and 3 of them were able to improve their rate by the end of the school year. Sixty percent of our students with attendance issues were able to improve, missing our goal of 7S%. However, we would like to note that 93% of our 30 students recorded a good attendance pattern over the course of the school year. This was the first full year of in school learning after the pandemic, and attendance issues were markedly increased. Twenty-six of our students returned for the 2022-2023 school year, and official baseline data for attendance will be established upon receipt of the first quarter report card. During the match meetings, mentors have been stressing the importance of being in school every day. In fact, most of the mentors have their mentees giving them attendance updates during their weekly match meetings in an attempt to get ahead of any attendance issues. Goal 3: 75% of the targeted population participating in the program 3 months or more will identify risky behaviors and learn the steps needed to avoid them. Baseline: Pre and post Youth Outcome Surveys (YOS), Youth Outcome Development Plans (YODP), and Career Development Plans. The YODP is addressed at each match meeting and progress/concerns are noted. YODP's are individualized to the specific areas of need for each youth, and the YODP is in effect throughout the tenure of the match. At the end of the 3rd quarter, all students were progressing with their individual plans, securing a 100% goal achievement at the end of the school year. At the beginning of the 2022-2023 school year, individual YODP's were reviewed and updated. Monitoring is ongoing for each of the students, with continued support from their Big and their Case Manager to ensure success with the updated goals. Goal 4: 75% of the high school students participating in the program 3 months or more will identify post -graduation opportunities, understand what is required to attain those opportunities, and create action steps within a personal development plan. Baseline: Pre and post Youth Outcome Surveys, Career Outcome Surveys, and Youth Development Plans. There are 4 high school seniors enrolled in the Community Program for the 2021-2022 school year. Baseline data was established for each of the 4 seniors during September/October. The COS and YDP's were collaboratively established by the Case Manager, the Mentor, and the student. These plans proved to be very effective for the four students as all four successfully graduated from high school, one graduating with Honors. Two were accepted into college, one graduated with a technical certification that will enable him to join the workforce immediately, and one took time off to visit family members in New York before enrolling at IRSC. For the 2022-2023 school year, we have three students in high school, one of whom is a senior. During the first month of school, new YOS and COS were administered to establish baseline data for the three high school students. 119 Big Brothers Big Sisters of Indian River County Passport to Early Literacy Grant amount: $85,000.00 Funds used: $72,204.81 Total children served: 166 including 15 summer VPK (23 students being tutored one-on-one on a daily basis in the 2021-2022 school year) Total adults served: 11 (2021-2022 school year) Focus Area: Early Childhood Development; Building Parent Capacity Program Description: This community-based program provides one-on-one mentoring and tutoring focusing on emergent literacy skills and social/emotional development of VPK children whose family member(s) are living in poverty. It is also building parent/guardian capacity through monthly family training and four experiential community trips. 2021-2022 Monitoring: BBBS Reads distributed six book bags to five schools for the 2021-2022 school year. Bags were complete with a book (or two) for students to build their at home libraries, activities for families to do together and tip sheets for parents/guardians to work with their students on building literacy. BBBS Reads Members served at Bridges Early Learning Center and saw 23 VPK students for one-on-one tutoring. Due to COVID-19, the majority of family training and experiential community trips were postponed. BBBS Reads partnered with the Riverside Children's theater and had a total of 45 attendees. BBBS Reads members continued to serve at Bridges Early Learning Center for the summer and saw 15 PK3/VPK students. The BBBS Reads program has currently enrolled 82 students for the 2022-2023 school year and will add two more schools by the end of October. BBBS Reads has hosted one family experiential trip so far in the 2022-2023 school year. VPK students and their families were invited to McKee Botanical Gardens. Outcome #1: 80% of youth who have participated in VPK Mentoring for five months or more, will meet or exceed expectations on the phonological awareness, print knowledge and oral language/vocabulary domains of the Florida VPK Assessment by June, 2022. Q1 Progress: Baseline data will be collected and available for Q2. Q2 Progress: Based on the Assessment Period 1 data, students showed the following baselines: 20 of 23 students were tested; 3 students were not tested at parent/guardian requests. • Print Knowledge: 16 students or 80% of students were below expectations • Phonological Awareness: 14 students or 70% of students were below expectations • Oral Language: 10 students or 50% of students were below expectations • Math: 17 students or 85% of students were below expectations Average: 71 % of students are below expectations for the four domains. Q3 Progress: Final Assessment Period Data (AP3) was collected and all students have moved in at least one domain. 20 of 23 students were tested; 3 students were not tested at parent/guardian requests. 120 • Print Knowledge: 4 students or 20% of students were still below expectations • Phonological Awareness: 3 students or 15% of students were still below expectations • Oral Language: 1 student or 5% of students were still below expectations • Math: 3 students or 15% of students were still below expectations Average: 14% of students were below expectations in the four domains for the end of the school year. Q4 Progress: Final AP data was collected in Q3 for the 2021-2022 school year. Due to the changes in diagnostic testing from the state, VPK students are no longer tested using the VPK Assessment Period but rather the FAST Diagnostic Testing. Students can be At/Above Benchmark, On Watch, Intervention, or Urgent Intervention. Baseline data for the 2022-2023 school year shows that on average 37% of VPK students in the program are at Intervention or Urgent Intervention, 12% are On Watch and 49% are At/Above Benchmark. Outcome #2: To improve the socialization skills of 85% of targeted youth, mentored 5 months or more, by June, 2022. Q1 Progress: Members completed the baseline Pre- Dessa Mini Student Strengths Assessment on students after 3 months of service. This assessment is a strength -based, nationally standardized, valid and reliable tool for screening and progress monitoring of social -emotional competence. Baseline data shows: • 6 students or 26% of students were below developmentally appropriate expectations • 16 students or 70% of students were just at typical expectations • 1 student or 4% of students were above typical expectations Q2 Progress: Members are continuing to work with students on their social -emotional learning. Post-Dessa Mini will be conducted closer to the end of the school year in order to give students ample time to improve and learn social -emotional skills. Q3 Progress: Members completed the Post-Dessa Mini Strengths Assessment on students and the data shows the following: • 1 student or 5% of students were below developmentally appropriate expectations • 15 students or 75% of students were just at typical expectations • 4 students or 20% of students were above typical expectations Average: 85% of students improved socialization skills for the end of the school year. Q4 Progress: Post Dessa Mini scores for the 2021-2022 school year were collected on students during Q3. Baseline Pre-Dessa Mini assessments will be completed on 2022-2023 students during Q1 as the test recommends 3 months of service with the student before evaluating. 121 Outcome #3: 80% of the VPK students, who have participated in five months or more in Passport to Early Literacy mentoring, will be ready for Kindergarten by June, 2022 Q1 Progress: Kindergarten Readiness scores are not available at this time. Q2 Progress: Kindergarten Readiness scores are not available at this time. Q3 Progress: 20/23 students or 87% were deemed Ready for Kindergarten by June 2022. Q4 Progress: Kindergarten Readiness scores for 2021-2022 were reported in Q3. Kindergarten Readiness scores for the 2022-2023 school year will not be available until the end of the school yea r. 122 Boys & Girls Clubs of Indian River County Vero Beach, Sebastian, Fellsmere Grant amount: $30,000 or $10,000 per Club Funds used: $30,000 Total unduplicated children served: 664 Focus Area: Quality Remediation and Enrichment Program Program Description: This program is designed to support the after-school programs that enrich a child's learning environment by offering a curriculum that includes homework assistance, tutoring, life skills training, and other enrichment programs. The Q4 program includes our Summer Program that offered 9 weeks of Summer Camp with numerous enrichment opportunities for 9 weeks, ACT/SAT prep for our HS students, internship opportunities, and college visits. Outcome #1: Youth will perform at or above grade level in core subjects. Underperforming youth identified in Q1 of the 2021/22 school year will be tracked throughout the year. Underperforming is defined as earning a D or F in either English, math or science. (A) During the 2021/22 school year, 85% of Club members' classes taken in math, English and science will result in a GPA of 2.0 or greater. Aggregate progress will be tracked by monitoring changes in GPA for middle and high school students and incremental changes in letter grades for elementary students. We will compare Q1 grades to subsequent quarters. (B) In addition, those students identified as performing below grade level standard in Q1 will be tracked over the school year. Education room staff will assist members with their homework during Power Hour and monitor areas of concern. Grades are obtained through the school district's FOCUS program. The goal is to improve quarter 1 grades from D's and F's to better grades by Q4. We hope to see an improvement of at least 50%. Results: Goal met. During the fourth marking period of the 2021/22 school year, 87% of courses taken resulted in and A, 8, or C. The average GPA for all courses was 2.81. Part A: General Results All Members: * Reports cards and classes in English, math and science were analyzed. It must be noted that some students take more than one class in each subject, e.g. biology and chemistry in the same semester. 123 Q1 Q2 Q3 Q4 # Students 290 281 335 333 # Courses 928 1,033 1,102 1112 ABC 788 85% 907 88% 916 83% 963 87% DF 140 15% 126 12% 186 17% 149 13% GPA 2.72 2.79 2.62 2.81 * Reports cards and classes in English, math and science were analyzed. It must be noted that some students take more than one class in each subject, e.g. biology and chemistry in the same semester. 123 Part B: In Q1 we identified a cohort of 86 students who were underperforming in English, math and/or science. In Q4, that with the addition of new members before Q3 and the loss of a few members before Q4, that cohort was at 92 students across 138 courses. Subject Q1 Baseline # Courses Q4 Baseline # Courses Q4 % Improved Courses Improved (moved from D/F to a C or better) English 45 51 30 59% Math 47 51 30 59% Science 32 36 19 53% Results: Goal met. There is overall improvement in all core courses. Outcome #2: Middle and high school programs that address risky behavior. All members completing a prevention program will have an average post test score of 85% and demonstrate an average 15% increase from pre to post survey. This will demonstrate an increase in knowledge on ways to keep themselves healthy and safe and understanding the dangers of alcohol/tobacco/illicit drug use, risky behavior and the benefits of physical activity and healthy eating. Results for all ages are included due to our lower numbers. In Q4 the average post test score was 84%; an 18 -point increase from pre to post-test. The post-test scores suggest that members are learning about the dangers of illicit substances. Nine (9) programs were run April 1, 2022- June 30, 2022, focusing on bullying, gang violence prevention, healthy habits, and how to cope with emotions. Results: Goal met. 86% of members completed the programs they started in the 2021/22 school year. There was an average 10 -point gain from pre to post-test, and the average post- test score was 85%. For Summer Camp, our programming was more geared to leisure activities. We did, however, provide programming in these areas: • Diplomas to Degrees: 46 high school participants - an average 10 -point gain from pre to post-test. • Drama Matters: This program promotes creativity and boost self-confidence. We had a 21 - point gain from pre to post test with 53 members participating. • Smart Moves Emotional Wellness: This program assists in developing assertive decision- making skills, abstinence from drugs and alcohol use, and adolescent sexual behavior. There was an average 7 -point increase from pre to post-test scores. Outcome# 3: Quality after school & summer enrichment for teens. Teens will participate in programs that teach life skills, job readiness training, and positive youth development, thereby preparing them for life after high school. Participation in the Destinations teen program will be monitored, milestones tracked and recorded. Each grade level, freshman through senior, have different milestones to achieve during the year. The goal is to have 4/7 milestones completed by the end of the school year. 124 Results: Goal somewhat met. Year to date 2021- 2022, 29 of 43 (66%) teen members achieved 4/7 milestones, and 35 of 43 (81%) teen members participated in career programming. 125 Catholic Charities of the Diocese of Palm Beach The Samaritan Center Grant amount: $34,820 Funds used: $34,820 Total children served: 27 unduplicated children Cost per child: $1,289.62 Focus Area: Building Parent Capacity Program Description: This program is designed to offer transitional housing and guidance to homeless families with children who reside in Indian River County. Samaritan Center prepares the homeless families to live independently. Adult clients attend training on the following: creating and maintaining a budget; learning and using positive parenting skills; employment and life skills; required counseling for mental health issues and well-being. Participants are required to obtain employment, save 75% of their income and to follow a four -level program prior to graduating from the Center. Children receive academic tutorial support sessions on identifying positive, healthy behavior; gaining self-esteem and learning character values; the negative effects of drugs and alcohol; the effects of divorce on children; and the importance of health and hygiene. The children attend special outings within the community via Samaritan Center and other community collaborations, such as attending local summer camps as well as camps during winter and spring breaks for school aged children. Goal 1: Resident children who are age 4 and over will increase their self-esteem by showing an average of 5-10% increase on most recent self-esteem pre- & post-test given at the beginning and the end of the 8 -week sessions. Result: Post-test results indicate a cumulative average of 9% increase in resident children's self- esteem. Resident children scored an average of 84% on pre-tests and 86% on post-tests indicating positive decision making based on increased self-esteem. Goal 2: Resident children aged 4 and over will demonstrate a 5-10% increase on their social behaviors and character values measurements form that will be administered at the beginning and the end of each 8 -week session. Result: Post-test results indicate a cumulative average of 14.41% increase in resident children's social behaviors and character values. Twenty-seven (27) behavior observations were conducted with an average pre-test score of 76.19% and an average post-test result of 90.6%. Goal 3: Adult residents will increase their knowledge and skills in the areas of positive parenting, finances, and health by a minimum of 5-10% as evidenced through pre- & post tests given at the beginning and end of the facilitated workshops. 126 Result: Post-test results indicated a cumulative average of 38% increase in adult residents' life skills development. The Samaritan Center adult clients participated in the following workshops in the fourth quarter which included ongoing Positive Parenting Workshop, Social- Emotional Development, "Brand New Me Complemented, Competed and Whole" book study. Residents also created Vision Boards, completed some independent reading from the 7 Habits of Highly Effective People and worked through Mindfulness: A 21 -day Challenge to Happiness. Goal 4: Seventy-five percent of resident children will increase their knowledge and skills in the area of academic performance as evidenced through progress reports and report cards. The children will be evaluated during the academic year. Result: The Children's Coordinator collects the progress and report cards from the school aged children's parents throughout the funding period. The cumulative results indicate that 100% of the children increased their academic performance in one or more subjects. Educational success helps break the cycle of poverty thus preventing families from experiencing housing instability. Collaborations: The Samaritan Center collaborates with the following community partners on a regular basis to provide referrals and/or services to homeless families and their children, depending on each individual family's needs. The Samaritan Center professional staff also participates in several non-profit as well as professional business collaboratives in an effort to network together to connect, advocate, renew, educate, and strategize for the betterment of individuals and their families in our community at large. The Homeless Children's Foundation; Mental Health Association; Mental Health Collaborative; Exchange Club of I.R.C.; Substance Awareness Council; the Boys and Girls Club; Counseling and Recovery Center; New Horizons of the Treasure Coast; Early Learning Coalition; Habitat for Humanity; United Against Poverty; Care Net Pregnancy Center; A Caring Center for Women; Gifford Youth Activities Center; Healthy Start Coalition/Healthy Families; Little Birthday Angels; CareerSource Research Coast; Suncoast Mental Health Association; Literary Services; Treasure Coast Homeless Services Council; Economic Opportunities Council; Vocational Rehabilitation; S.A.R.T; Indian River Victim Advocate; Lifebuilders; Indian River County Sheriff's Department; Visiting Nurse Association; Safe Families for Children; the Buggy Bunch; Indian River Cares; We are Vero; Tykes and Teens; Love to Serve; Team Success Enterprises and the Department of Children and Families. 127 Childcare Resources of Indian River Children in Centers Grant amount: $250,000 Funds used: $250,000 Total children served: 165 Contracting center children served: 49 Cost per child: $12,693.81 Focus Area: Early Childhood Development; Building Parent Capacity Program Description: Childcare Resources provides high quality, affordable childcare and education for children, ages six weeks to five years. Childcare Resources builds parent capacity by enabling parents to focus on their careers and higher education while their children receive dependable care. Collaboration: The following is a list of collaborative partners related to Children in Centers: • Agency Name: Kidz Closet Charities - Childcare Resources provides a clothing closet for families enrolled in the program. Clothing is donated from Kidz Closet Charities. • Agency Name: Tykes & Teens - Childcare Resources collaborates with Tykes & Teens to provide mental health services for children ages birth - 5 years old. • Agency Name: Redlands Christian Migrant Association - Childcare Resources collaborates and contracts with RCMA on the school readiness Childcare Executive Partnership Program. • Agency Name: Mental Health Association - Program provides counseling and psycho- educational evaluations to adults and children enrolled in the Childcare Resources program. • Agency Name: Alzheimer & Parkinson Association of Indian River County - Childcare Resources and the Alzheimer & Parkinson Association participate in multigenerational activities collaboratively. Currently on hold because of Covid-19. • Agency Name: Homeless Children's Foundation - Collaborative pilot project enrolling children referred by HCF into the Childcare Resources School. • Agency Name: Shining Light Garden - Shining Light Garden provides fresh produce weekly to the families of Childcare Resources. • Agency Name: SAFE Families for Children - Childcare Resources assists SAFE Families in providing childcare for families in crisis. • Agency Name: Moonshot Community Action Network (MCAN) - Childcare Resources supports the Moonshot Moment by attending monthly Moonshot Community Action Network (MCAN) meetings. Childcare Resources also participates in Moonshot Moment goal initiatives and programs. 1. Young children have access to high quality learning experiences in home, community and early childhood care and education settings which prepare them to enter school ready to learn. 128 Indicator Measurements (Evidence): 100% of early childhood teachers will receive professional development as evidenced by Department of Children and Families professional development in-service logs. Results: 100% of teachers received professional development during the 2021-2022 school year as evidenced by Department of Children and Family professional development in-service logs. 2. Young children improve positive age appropriate social and emotional skills. Indicator Measurements (Evidence): 80% of young children demonstrating developmentally appropriate social emotional skills for their age as evidenced by the E-Deca Assessment tool. Results: 91% of program children demonstrated developmentally appropriate social emotional skills for their age during the 2021-2022 school year. 3. Young children improve motor skills needed to explore their environment and support learning. Indicator Measurements (Evidence): 80% of children will demonstrate developmentally appropriate gross motor skills as evidenced by the Ages and Stages Questionnaire (ASQ). Results: 88% of children demonstrated developmentally appropriate gross motor skills for their age during the 20212022 school year. 129 Childcare Resources of Indian River Community & Family Services Grant amount: $134,536 Funds used: $134,536 Total adults and children served: 290 adults and 9 children Cost per child: $1,198.65 Focus Area: Early Childhood Development; Building Parent Capacity Program Description: The professional development program provided the education and the support early educators need in order to implement strategies which create an atmosphere most conductive to early learning. The program included four workshops with technical assistance, on-site coaching, Conscious Discipline Immersion, center director support and a credentialing program for early educators. The Wellness and Early Intervention Program enables Childcare Resources to provide access to mental health services for families. For counseling, the patient completes diagnostic screening, a therapist is assigned and treatment plans are put in place. Collaboration: The following is a list of collaborative partners related to Community & Family Services: • Agency Name: Mental Health Association - Program provides counseling and psycho- educational evaluations to adults and children enrolled in the Childcare Resources program. • Agency Name: Little Rising Stars - Conscious Discipline Immersion Program collaborative partner • Agency Name: EOC of Indian River County HeadStart - Conscious Discipline Immersion Program collaborative partner • Agency Name: The School District of Indian River County-VPK - Conscious Discipline Immersion Program collaborative partner • Agency Name: Indian River State College - Collaborative project with IRSC which allows Early Childhood Educators to fast track their Staff Credential or Director Credential in one semester at the Childcare Resources location. 1. Participants in the Credentialing Program for Early Educators success will be measured using course completion rates. Fall 2021- Summer 2022 Credentialing Program for Early Educators courses offered: • Florida Childcare Professional Credential (FCCPC) students completed their assigned course(s) = 28 • Alumni Continuing Education = 38 students completed their assigned course(s) • Program total for course competition: 68 students. 97% completion rate. 130 2. Early educators will improve the knowledge in the workshop subject area by 70 percent as demonstrated in pre -workshop and post -workshop test scores. • Amanda Morgan Developmentally Appropriate Practice: Why Our Children Don't Need Pushing & What They Do Need Instead workshop was held on December 11, 2021- 105 early educators participated. • Amanda Morgan Teaching with Intention and Powerful Play was held on February 5, 2022 - 107 early educators participated. • Conscious Discipline workshop with Kim Jackson was held on April 9, 2022 - 122 early educators participated. • Conscious Discipline workshop with Mandy Lloyd was held on August 27, 2022 - 123 early educators participated. Results: There was an average knowledge gain of 83% among professional development workshop participants as demonstrated in pre -workshop and post -workshop test scores. 3. Adults and children who participate in five or more counseling sessions will show improvement. As of 9/30/2022, 9 children and 23 adults, parents or other adult in the household enrolled in the Childcare Resources program were referred for therapy to the Mental Health Association. • 5 adults continue services • 12 adults chose not to follow through on referral • 3 adults chose to discontinue services • 2 adults discharged from therapies • 1 child continues services • 7 children (parents) chose not to follow through with referral • 1 child (parent) chose to discontinue services 1 child discharged from therapies 4. Coaching program, utilization of University of Florida Lastinger Center methodology will show improvement in teacher classroom interactions. The Classroom Assessment Scoring System (CLASS®) is an observation instrument that assesses the quality of teacher -child interactions in center -based preschool classrooms. Pre -K CLASS® includes three domains of teacher -child interactions that support children's learning and development: Emotional Support, Classroom Organization, and Instructional Support. Toddler CLASS® includes two domains of teacher -child interactions that support children's learning and development: Emotional and Behavioral Support and Engaged Support and Learning. 131 The CLASS® dimensions are based on developmental theory and research suggesting that interactions between children and adults are the primary way of supporting children's development and learning, and that effective, engaging interactions and environments form the foundation for all learning in early childhood classrooms. Nine early education teachers participated in coaching during the 2021-2022 academic year. • Teacher 1 maintained in all domains. • Teacher 2 maintained in all domains. • Teacher 3 maintained in all domains. • Teacher 4 maintained in all domains. • Teacher S maintained in two domains and improved in one domain. • Teacher 6 maintained in two domains and improved in one domain. • Teacher 7 decreased in one domain, maintained in one domain and improved in one domain. • Teacher 8 was promoted out of the classroom. • Teacher 9 left the profession. 132 Children's Home Society of Florida Teen Life Choices Grant amount: $60,000.00 Funds used: $33,239.59 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter $3,299.03 $3,600.70 $10,918.49 $15,421.37 Total children served: 544 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 278 1 0 206 60 Program Description: Teen Life Choices (TLC) is an educational based program that addresses risky behaviors and abstinence -based teen pregnancy prevention. TLC offers presentations for 10 to 18 year olds in group settings at middle schools, high schools and community organizations. Presentations may include: group activities, role-play, open discussion, worksheets, take home assignments, and video segments. Outcome #1: 70% of teens and pre -teen ages 10-18 that participate in Life Skills presentations increase critical thinking & decision-making skills and will be able to distinguish between healthy and unhealthy decisions relative to the topic being covered. Goal Met — During the fourth quarter of 2021-2022 fiscal year there were 4 presentations conducted. For the year, 82% (303) of students increased life skills. *Reported outcomes include duplicated numbers; per the April 4, 2016 CSAC meeting. TLC is reporting all participating clients in outcomes and statistics. 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter #Served %Achieved #Served %Achieved #Served %Achieved #Served %Achieved 278 82% 0 N/A 32 81% 60 83% Outcome #2: 75% of teens and preteens who participate in the Baby Think It Over program increase their knowledge of the emotional, physical, psychological, social and financial consequences of teen parenthood. Goal Met — During the fourth quarter of 2021-2022 fiscal year there was 1 presentation conducted. For the year, 97% (183) of students increased their knowledge. 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter #Served %Achieved #Served %Achieved #Served %Achieved #Served %Achieved 0 N/A 0 N/A 174 97% 15 96% 133 Outcome #3: 65% of teens and preteens that participate in at least 3 modules of Postponing Sexual Involvement increase knowledge of skills to postpone sexual involvement. Goal Met — During the fourth quarter of 2021-2022 fiscal year there were 2 presentations of Postponing Sexual Involvement. For the year, 83% (171) of students increased their knowledge. 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter #Served %Achieved #Served %Achieved #Served %Achieved #Served %Achieved 161 84% 0 N/A 0 N/A 45 82% "The following had previously been an outcome, however was not included in the last grant application and the program continued to collect data. The program saw a significant increase from previous reporting periods — most likely the result of adjusting the worksheet based on past data collected, with parent and teacher input. Outcome #4: Teens and pre -teens that participate in Posting Sexual Involvement increase communication on the subject of sex with their parent/guardian. 60% of worksheets will be returned and signed to program indicating parent & youth discussion. Goal Met — During the fourth quarter of 2021-2022 fiscal year there were 2 presentations of Postponing Sexual Involvement due to scheduling requests from the schools. For the year, 77% (160) of students increased communication. 111 Quarter 2"d Quarter 3rd Quarter 4th Quarter #Served %Achieved #Served%Achieved #Served %Achieved #Served %Achieved 161 80% 0 N/A 0 N/A 45 72% 134 Crossover Mission, Inc. Building the Future of Crossover Mission Grant amount: $85,000 Funds used: $85,000 Total children served: 86 unduplicated children Cost per child: $988 Focus Area: Quality Remediation and Enrichment Program; Programs that Address Risky Youth Behavior Program Description: Crossover Mission helps youth in Indian River County who need us most, boys and girls as well as young adults, ages 9-22, through a program of year-round basketball and one-to-one academic and life -skills mentoring. Year -Round Programming: Since the start of the 2021-2022 school year, Crossover's student membership has climbed to 86, an increase of 32%. Sixty-six trained volunteer mentors (double the number since the beginning of last school year) support our academic program staff. Crossover provides transportation from fifteen different Indian River County schools during the school year. Crossover's 2022 Summer Program began June 6 and ran continuously for ten weeks. It was delivered four days a week (Monday -Thursday) and 160 regular program hours for 56 Indian River County student athletes was organized. In order to mitigate summer learning loss and gain ground when feasible, the summer enrichment program was put into place to ensure student athletes sustained and/or improved their math and language arts skills over the summer. Through a five-week summer remediation pilot program for 13 at -risk student athletes, 100% of student athletes demonstrated positive growth in both their math skills and English Language Arts skills. Three students improved by half a grade level (or more) in English Language Arts. This pilot program will be expanded membership -wide in Summer 2023. This summer, a five-day ACT prep course ran for 12 student athletes. One of the seniors raised her score by 5 points. The majority of the 12 students are in the first year of Crossover College Readiness and did not take the ACT test as they are freshman and sophomores creating benchmarks through practice tests. Goal 1: 90% of enrolled Crossover students will fully participate (less than 3 unexcused absences per quarter) in school -year Crossover activities. Outcome: During the 2021-2022 school year, 96% of Crossover student athletes had less than three unexcused absences. Since the start of the 2022-2023 school year, that percentage has decreased slightly to 93.9%. Crossover's academic staff individually communicates with parents and guardians each time a member has an unexcused absence and our Director of Academics and our coaches regularly communicate with families to address and overcome attendance issues. Goal 2: 85% of all Crossover middle and high school students will be eligible to try out for their school basketball teams. Academic eligibility includes greater than 2.0 GPA and no behavior referrals or school suspensions. 135 Outcome: We report two separate figures for Goal #2. In the last school year, 97% of students achieved a school -year GPA greater than 2.0 while 100% of seniors graduated from high school and were accepted into college. In the same time frame, 82% had no behavior referrals or school suspensions which is slightly below desired Goal #2 (85%). Quarter 1 grades for the 2022-2023 school year were not yet available for Crossover staff to analyze for this report but will be included in the Q1 report for the upcoming grant period. In the first two months of the 2022-2023 school year, 92% of student athletes had no referrals or school suspensions, a 10% improvement. Goal 3: 95% of Crossover students will remain free of the Juvenile Justice System, known gang involvement and enrolled in school. Outcome: For the full reporting period, 99% of Crossover students remained free of the juvenile justice system, and 100% had no known gang involvement and were enrolled in school either in a traditional or virtual school option. One Crossover member served community service hours and was enrolled in the Alternative Center for Education during the 2021-2022 school year. 136 UPGNOMIC OPPORTUNITIES, v COUNCIL. nstnFMp 6 EhapOwennq FartniM-. 2455 St. Lucie Avenue Vero Beach. FL,32960 772-562-4177 www.eocofirc.net 2021-2022 CSAC FINAL YEAR-END GRANT REPORT Early Bird at St. Helen's Head Start (2021-2022 School Year) October 1, 2021 - September 30, 2022 End of Year - 4th Quarter Report Grant Amount: $25,000 October 4, 2022 Indian River County Children's Services Advisory Committee (CSAC) Leigh Anne Uribe Human Services Manager 1900 27th Street Vero Beach, FL 32960 (772) 226-1467 Leigh.Uribe@FLHealth.gov Thanks to the investment of the Children's Services Advisory Committee, put' team was ak�le to achieve our desired outcomes and provide high-quality education to 16 children, age2, and their parents/guardians! OUTCOME 1 During the 21-22 school year, 16 at -risk, low income children, age 2, and their families have access to high-quality early childhood development experiences in an early childhood setting, which will prepare them to enter school ready to learn. ACHIEVEMENT: The class was at capacity with 16 children attending multi -sensory, engaging, and high-quality in-person learning. OUTCOME 2 By the end of the 21-22 School year, 16 of 16 children were be meeting or exceeding developmental milestones for their age. PROGRESS: All 16 children were assessed using the Ages and Stages Questionnaire (ASQ). The results of the initial assessment indicated that 12 out of 16 were meeting or exceeding Indian River CountyChildren's Services l :.� tordelfa.v"u 0w. Advisory Commipee • (C 56C) Provides fends 3Ar►' I�R +Q/IM 19 64RPWI this PF"F?m 137 MOMIC. OPPORTUMTAS IMEEnipp��wenng rarn,Mes 2455 St. Lucie Avenue Vero Beach, FL 32960 772-562-4177 www.eocofirc.net expectations. The 4 children not meeting developmental expectations were referred for needed services. The end -of -year term assessments were conducted and 14 children were meeting or exceeding developmental expectations for their age. The 2 children having difficulty with concentration and some developmental expectations worked with our in-house Mental Health and Disability Specialist. These 2 children are being closely monitored, and if assistance is needed in future semesters, the Mental Health Specialist will refer the children to Tykes and Teens for further individual services. OUTCOME 3 By the end of the 21-22 school year, 16 of 16 parents/guardians will increase their knowledge of early childhood growth and development and will be supported in achieving family goals. PROGRESS: The parents of all 16 children participated in home visits, goal -setting, and parent -teacher conferences. A7L&t4t", wtw0 - Ang Davis -Green, MPA Executive Director Economic Opportunities Council of Indian River 2455 St. Lucie Avenue Vero Beach, FL 32960 (772) 562-4177, Ext. 1 117 adavisareen@eocofirc.net Indian River County Children's Services 138 �i bxd61G8WWCNMI1-..1S Advisory Commillee IPSAC) Provides f4Ms ..• fYCgOV•COIW 10 64PPert this PMQrarl The Education Foundation of Indian River County STEP into Kindergarten — Summer 2022 Grant amount: $136,182.00 Funds used: $136,163.62 Total children served: 205 unduplicated children Cost per child: $664.21 Focus Area: Early Childhood Development Program Description: The Education Foundation of Indian River County (EFIRC), in partnership with the School District of Indian River County (SDIRC), seeks to increase kindergarten readiness rates by providing a summer enrichment transition program for those children, ages 4-5, who have completed a Voluntary Pre -Kindergarten (VPK) program. STEP into Kindergarten (STEP — Summer Transition Enrichment Program) offers evidence -based programing to extend learning, mitigate the negative effects of the summer slide and promote a smooth transition to kindergarten for students and families. After staff participated in two days of professional development, planning, and family orientation activities on June 1st and 2"d, students attended this bridge program from June 6 to July 1, 2022. Students received a full day of instructional support from certified teachers and highly qualified teacher assistants employed with the School District of Indian River County. STEP into Kindergarten gave priority to students identified as homeless, migrant, or residing in school zones with the highest poverty rates. Collaboration: The EFIRC collaborates with the SDIRC to leverage the community's investment in our schools, with the goal of achieving academic excellence for students and educators. The EFIRC works with other community agencies to fund, administer, and implement programs (like STEP into Kindergarten) to prepare children to arrive for kindergarten better prepared to begin their academic careers. Goal 1: Students will demonstrate a 15% increase on assessed literacy skills. Baseline: Baseline data was generated using a pre -assessment at the start of the 2022 summer program during the 3rd quarter of the grant award. Academic Outcomes for Summer 2022: Uppercase Letter Identification — increased from 67% to 7416; 10% Growth Lowercase Letter Identification — increased from 57% to 70% 23% Growth Initial Sounds — increased from 50% to 70% 40% Growth Goal 2: Students will demonstrate a 15% increase on assessed mathematical skills. Baseline: Baseline data was generated using a pre -assessment at the start of the 2022 summer program during the 3rd quarter of the grant award. 139 Academic Outcomes for Summer 2022: • Count to 31— increased from 59% to 72°0; 22% Growth • Identify Numbers to 20 — increased from 47% to 61Y6, 30% Growth Goal 3: Students will demonstrate a 25% growth rate as measured by the pre- and post- social/emotional/behavioral progress rating. Baseline: Baseline data was generated using pre -assessment at the start of the 2022 summer program during the 3rd quarter of the grant award. Social/Emotional Outcomes for Summer 2022: • Organizes Time, Tasks, and Materials —increased from 31% to 80°o; 158% Growth • Demonstrates Respect for Property, Self, and Others —increased from 14% to 90% 543% Growth • Works Cooperatively in Groups — increased from 16% to 88%; 450% Growth • Actively Listens and Responds — increased from 35% to 75%; 123% Growth A note about tracking progress: Students were instructed in both whole group and small group settings, emphasizing a developmentally appropriate, hands-on approach to learning. Pre and post assessments aligned to the Florida Early Learning and Developmental Standards for Four -Year -Olds and the B.E.S.T. standards for Kindergarten in English Language Arts and Mathematics were used. In addition, pre- and post -assessments aligned to the first quarter SDIRC Kindergarten expectations were utilized to measure students' progress. At the conclusion of the program, an outcome sheet was shared with partners (attached). Program Implementation Progress: The 2022 STEP into Kindergarten program was implemented at the following sites during the summer of 2022: Fellsmere Elementary School, Treasure Coast Elementary School, and Vero Beach Elementary School. The program commenced for students on June 6, 2022 and concluded July 1, 2022. A total of 205 students were served during this year's program implementation. .E Environmental Learning Center Environmental STEAM Explorers Program: Mentoring Tomorrow's Leaders Grant amount: $11,650 Funds used: $11,650 Total children served: 237 unduplicated children Cost per child: $49.42 Focus Area: Quality Remediation and Enrichment Program Program Description: The Environmental STEAM Explorers Program provides students with quality STEAM education through an environmental lens during out-of-school time. To help ensure that students do not fall behind during school breaks, to provide academic enrichment in STEAM fields, and to boost interest in STEAM careers, this program includes in-depth career exploration for middle and high school students and afterschool STEAM enrichment programs for elementary school students. Middle and high school students take part in multi -day workshops to build STEAM knowledge using Remote Operated Vehicles, drones, plankton sampling equipment and more, working alongside environmental science and education professionals who provide insight into STEAM careers. The Environmental Learning Center (ELC) provides access to the Indian River Lagoon, a fleet of canoes, and boardwalk trails to reach difficult to navigate ecosystems, and students use the ELC campus as a living laboratory to engage in authentic STEAM investigations. After school academic enrichment programs for elementary school students provide hands-on, standards -aligned STEAM instruction at established after school program locations throughout the county. Elementary students participate in a multi -part series of lessons that connects science and math to authentic and engaging lagoon -focused environmental concerns, reinforcing academic content knowledge while also boosting interest in STEAM fields and locally -relevant environmental topics. Collaboration: Participants in the Environmental STEAM Explorers Program were recruited through various avenues including the School District of Indian River County's science and leadership teams, as well as partnerships with various community organizations including Dasie Hope Center, Gifford Youth Achievement Center, Crossover Mission and Youth Guidance Mentoring Academy. These organizations provide out-of-school services for middle and high school students and will help identify students who would benefit from participation in school break programs. Their support helps ensure this program is accessible to a diverse group of students who would benefit from support in STEAM fields during school breaks. After school enrichment programming for elementary students will be offered in coordination with Extended Day Program sites throughout the county. The ELC has a strong relationship with the School District of Indian River County Extended Day Program. Goal 1: Increase interest in STEAM Fields: Pre and post surveys in which participants are asked to report their interest and confidence in pursuing STEAM fields will be used to evaluate impact of the program. Participants will be asked to use a Likert -type scale to rate their interest and confidence in each of the STEAM domains. 75% of participant evaluations 141 will reflect an increased interest in at least one STEAM domain. Data reported for middle and high school three-day school break programs. Result: According to pre and post surveys, 95% of participants reported increased confidence and interest in at least one STEAM domain. Survey data also shows 16% of participants increased their interest in learning math and 47% of participants increased interest in learning science. Overall, students reported the following across the various domains of STEAM: Goal 2: Increase conceptual understanding of what STEAM is and who can achieve a STEAM career: Participants will be asked to complete the Draw- A- Scientist evaluation, in which they draw their version of a scientist and associated tools while also listing three or more characteristics of a scientist. Participants will be asked if they self -identify with the characteristics listed. 75% of participant evaluations will reflect a broader conceptual understanding of STEAM and the type of person who can achieve a STEAM career. Data reported for middle and high school three-day school break programs. Result: 21% of participants who did not identify STEAM careers as possible future careers in their pre -survey did so in the post -survey, including one student who identified becoming an architect and one who changed their career interest from sales to engineering. On the post -survey, when asked to describe the character traits a person working in STEAM, 88% of participants identified themselves as having at least one character trait in common with a person working in STEAM, an increase from 84% who identified themselves as having at least one character trait in common on the pre -survey. Additionally, 63% of participants reported a better understanding of what a career in STEAM fields entails. In the Draw -A -Scientist evaluation, post -survey data shows 80% of participants included tools used in the program instead of tools that depict a stereotype of a scientist, such as lab coats, beakers, and thermometers. WMA % of students reporting increase in confidence in: Aggregated % increase on 5- point Likert- type scale % of students reporting increase in interest in: Aggregated % increase on 5 - point Likert - type scale Science 26% 15% 47% 10% Technology 21% 8% 21% 4% Engineering 26% 19% 21% 5% Art 32% 14% 37% 6% Math 21% 7% 16% 5% Average 25% 12% 28% 6% Goal 2: Increase conceptual understanding of what STEAM is and who can achieve a STEAM career: Participants will be asked to complete the Draw- A- Scientist evaluation, in which they draw their version of a scientist and associated tools while also listing three or more characteristics of a scientist. Participants will be asked if they self -identify with the characteristics listed. 75% of participant evaluations will reflect a broader conceptual understanding of STEAM and the type of person who can achieve a STEAM career. Data reported for middle and high school three-day school break programs. Result: 21% of participants who did not identify STEAM careers as possible future careers in their pre -survey did so in the post -survey, including one student who identified becoming an architect and one who changed their career interest from sales to engineering. On the post -survey, when asked to describe the character traits a person working in STEAM, 88% of participants identified themselves as having at least one character trait in common with a person working in STEAM, an increase from 84% who identified themselves as having at least one character trait in common on the pre -survey. Additionally, 63% of participants reported a better understanding of what a career in STEAM fields entails. In the Draw -A -Scientist evaluation, post -survey data shows 80% of participants included tools used in the program instead of tools that depict a stereotype of a scientist, such as lab coats, beakers, and thermometers. WMA Goal 3: Increase standards-based content area knowledge, with a focus in the Life Sciences and Nature of Science domains, for 75% of participants after the completion of the elementary after school enrichment program as measured by pre and post assessment data. Result: Working within the structure of the extended day program, ELC Educators conducted Entrance and Exit Polls to assess student growth. As students were picked up throughout the program, participant numbers varied greatly from the start of the program until the end, always decreasing by the time the exit poll was conducted. Group polls allowed for a quick assessment of student knowledge while maximizing instruction time. Four program sites were selected in collaboration with the Extended Day Program Supervisor, Barbara Musselwhite: Glendale Elementary, Sebastian Elementary, Pelican Island Elementary and Treasure Coast Elementary. Each site included two cohorts/student-groups, one K-2 group and one 3-5 group. Over the course of three months, each cohort participated in five hands-on, standards-based lessons designed to incorporate outdoor time as part of the curriculum. Across all four program sites, data from K-2 cohorts show a 47% improvement of student -group content -based knowledge from the pre -survey to post -survey. Survey data shows a 58% improvement in student -group content -based knowledge for the 3-5 cohorts from the same four program sites. Over the course of the five lessons, students made large gains in content -based knowledge. Individual lessons also show large gains in student -group content knowledge. Seven of the eight cohorts show at least a 40% gain in knowledge for each lesson. The one exception, the K-2 group at Treasure Coast Elementary, showed knowledge gain in two of the five lessons. Pre -survey scores for the remaining three lessons show student -group content knowledge was already quite high with pre - survey scores above 60%. As an example of lesson success, survey data from the K-2 cohortfrom Sebastian Elementary shows a 90% student -group knowledge gain for a lesson focused on observation, habitat requirements, and camouflage. The students were shown a photo of a coral snake and asked if the snake was displaying a type of camouflage. Pre -survey data shows zero students answered the question correctly and by the end of the lesson, eighteen out of twenty students answered correctly. ELC Educators report great student enthusiasm. One student exclaimed their love for leaf rubbings and even mentioned they were excited to go home to teach this skill to their younger siblings. Students were introduced to scientific tools, including binoculars. This lesson was quite popular and several students mentioned they were going to ask Santa to bring binoculars for Christmas. Several students were so enthused by their experience that they asked their adults to bring them to the ELC for a visit. These students were spotted at ELC for a day visit and for our holiday celebration, Winter Green Night Lights. Goal 4: Increase career readiness skills: Surveys, both pre-program and post -program, will be used to measure confidence and ability in workforce skills in addition to monitoring progress towards workforce skill development by ELC program staff members. 50% of applicants will self-report increased confidence or ability in key workforce skills. Data reported for middle and high school three-day school break programs. Result: Survey results show participants reported a 95% increase in their confidence that they 143 have the skills needed to succeed in a STEAM career field, with 90% of participants indicating that they are able to achieve a career in a STEAM field. 100% of participants reported that it was somewhat true, true, or very true that they planned on attending college, with 11 % of participants reporting that they would be the first in their family to go to college. ELC program staff leading the program noted that participants were engaged in programming, demonstrating improvement in teamwork and communication skills critical to success in the workplace. This primarily outdoor program was challenging for some participants but they displayed perseverance, determination, and sound communication skills and used their growing problem-solving skills when struggling with team issues or complications in their initial engineering designs. ELC program staff were particularly impressed by the participants' ability to work together productively despite a bit of disappointment and frustration they experienced while canoeing. Canoeing on the Indian River Lagoon is a highlight for many students and the experience often serves as an opportunity to strengthen communication and teamwork skills. The students pushed through their struggles and were ultimately successful in navigating their canoe as they received continued support and encouragement from the team. 144 Gifford Youth Achievement Center, Inc. After School Education Program (ASEP) Grant amount: $60,680 Funds used: $60,680 Total children served: 259 Cost per child: $3,290.53 Focus Area: Quality Remediation and Enrichment Program Program Description: The After School Education Program (ASEP) is an afterschool program for children in grades K-12. This program offers educational assistance through tutoring, homework assistance, personal growth and development, and cultural, social, and recreational activities. Collaboration: School District of Indian River County, Indian River State College, Moonshot Community Action Network, Dodgertown Community School, and the Indian River County Library System. 1. Maintain at 93% the number of students in grades K — 5 who complete their homework by the end of the day, as reported by teachers completing the Homework Completion Log. The primary focus of the afterschool program is completing homework before the students leave and assisting students with their academic assignments. Teachers and volunteers provide the assistance needed to ensure students receive the support to achieve academically. Report cards are reviewed, and teacher comments are monitored to assist students better. Results: The 2021-22 school year ended on 5/28/2022. On average, 94% percent of students with homework completed their assignments before leaving. Throughout this school year, students had less homework than in the prior school years. Teachers provided students without homework with grade -appropriate work assignments and/or students were required to read for an extended period. 2. To increase to 93%, the number of enrolled students in grades 3rd —12th that receive a grade of "C" or lower in Reading, English, and/or Math will improve that grade by the end of the 2021-22 school year as reported by FOCUS (SDIRC) grades. Results: 91% of students who received a grade of "C" or lower in Reading, English and/or Math improved their grade in that subject during the school year. Teachers reviewed student progress reports and report cards throughout the year. The Sonday Reading Program assisted elementary students reading below grade level; tutors provided one-on-one assistance for students struggling with Math in the middle and high school grades. 145 3. To maintain at 93% the number of students that improve their social/emotional skills during the 2021-22 school year as reported by Ripple Effects pre/post tests. Results: 96% of students improved their emotional/social skills due to their usage of Ripple Effects and the supplemental support provided by the Student Support Specialist. Student attained this goal through the assistance of Christel Jones, the Student Support Specialist, and Ripple Effects, a supplemental program that addresses social/emotional well- being. Students met with Ms. Jones, individually and in group settings, as often as needed to discuss various issues. Ms. Jones utilized Erickson's stages of development with students so they could assess where they are concerning their own growth/development process. This allowed students to give a rationale regarding destructive choices they are prone to make concerning their behavior and academics. Ms. Jones formed a student grief support group to assist several students dealing with the loss of a family member. Destination Knowledge — Ripple Effects is a research -based tool to help children build resilience and handle non-academic issues that may impact their success in school. Students use this program to improve their social/emotional skills in decision-making, assertiveness, impulse control, empathy, and community connection. 146 Gifford Youth Orchestra After School Youth Enrichment/Music Education Grant amount: $25,000 Funds used: $25,000 Total children served: 95 unduplicated children Cost per child: $76.04 Focus Area: Quality Remediation and Enrichment Program Program Description: The Gifford Youth Orchestra's Music Education Program is an after- school program designed to keep children off the street and on the stage by providing music education and other support programs throughout the year culminating in spring, summer, and fall recitals and an annual concert as report cards of their progress. Although focused on music, the program offers a range of methods to build skills and experiences in young people through music education: tutor other children and senior citizens; build performance skills; earn money by tutoring and performing and budgeting those funds; building confidence and self-esteem through performances and tutoring; cultural and social awareness and leadership skills through community service, workshops, and student meetings, and meditation movements to cope with PTSD from covid and other issues connected with poverty communities primarily filled with black and brown children. The classes and training are for at -risk youth in kindergarten through 12th grade. Enrolled children are from low-income, single parent homes throughout Indian River County. Collaboration: Activities during this quarter included collaboration involved our Summer Camp collaborating with the Gifford Youth Achievement Center for space, the Gifford Aquatic Center for space and swimming, the Gifford Community Center for the Summer Performance, and The Source for food. All instrumental classes were in-person this year. July 2022 The GYO Staff presented its annual Summer Camp program. The camp was held at the Gifford Community Center, the Gifford Aquatic Center and in the two GYAC portable modules during the week of June 27 to July 1s1, 2022. Twenty-five children attended: 18 from the GYO classes and 7 from various communities in Indian River County. Camp was an all -day event including classes in violin, cello, piano, voice, drama, art, and ensemble. Additional sessions for swimming, outdoor activities, and 2 meals were included. The staff consisted of five paid teachers and seven volunteers and 5 guest speakers. The Camp Director was a highlight for the GYO — Marissa Rollins, GYO graduate in 2015 returned to Vero Beach from her public -school teaching position to organize and supervise this 2022 Summer Camp! Following are three photos from the Summer Camp: 147 2 Vioiin student learning how to hold the violin at the Gifford Community Center. 4 Drumming at 2022 Summer Camp 1 Summer Program at the Gifford Community Center 3 All campers received a certificate of participation from Marissa Rollins, Camp Director and GYO alumni. August 2022: All students continued with their virtual classes. September 2022: A new collaboration with the School Board of Indian River County and the Dodgertown Elementary School where the GYO began its weekly pilot program for M - Thursday's afterschool program During the month, all the necessary paperwork was completed and insurances were secured to position the GYO to begin to hold classes there in September. Twenty-three students enrolled initially and all have attended classes. Outcome # 1: Student in GYO ensemble learn open strings, pluck and bow quarter notes and eighth notes. Students will learn to play "Fresh Hot Grits." Goal met — 100% of beginning students enrolled as a 4th Quarter violin student had learned to read and play new music for the Nov. 5th annual concert. They will also be ready for the Black History Program in February. W. Outcome #2: 75% of 2nd Year Students enrolled will increase their ability by 100% and be able to read and play music at the Advanced Beginner's Level. Goal met —100% of 2nd year students enrolled as a 4th Quarter violin student continued to improve their ability to hold the bow correctly and used the correct posture for playing. It is an ongoing process. They are learning new music for the Nov. 5th Annual Concert, Christmas performances, and the December recital. Several of these students performed in the video presentation of the GYO Board's fundraising event, Crystals and Diamonds in April, 2022. Outcome #3: 60% of 3rd Year Students enrolled will increase their ability by 100% to read and play music at the Intermediate and Advanced Level. Goal met —100% of students enrolled as Intermediate Students performed in the annual GYO Board's Fundraising event (Crystals and Diamonds) in April, 2022 and performed solos via the internet. Additionally, because all of the 311 year students had private lessons during 2021, their ability to read and perform music at the Intermediate level moved all of them to the advanced level. They are currently working on music for the November 5th 2022 Annual Concert. In addition: All classes that were converted from group lessons to individual lessons and now being converted back to a combination of individual lessons and group ensemble classes. • Strings 32 students actively participating; Piano 36 students actively participating; Vocal Coaching 16 students actively participating. No waiting List. • Sue Lorimier Piano students (22 active —100% participation) included in the June Piano Recital with 100% of piano students performing. • Lynn DiMenna Vocal students (10 active — 100% participation). Eight of these students performed in the Crystals and Diamonds Fundraiser in April. • Abby Lori mier/Intermediate and Beginner violin and Cello students (3 active —100% participation) • Muffy Charles Vocal Coaching Class #2; Students = 6 (100% participation). • Courtney Diaz /Intermediate and Beginner violin students (6 active — 100% participation) • Joan Haar/New Zoom classes, Supervising teachers, Instrument repair and assignment of violin students, teaching 7 students • Dodgertown Elementary Pilot Program: Teachers are Chuck McNatt, Kate Nall, Evan Robinet, and Muffy Charles. Number of students enrolled = 25 OVERALL PARTICIPATION RATE THIS QUARTER =100% 149 Hibiscus Children's Center SafeCare Program Grant amount: $35,000 Funds used: $35,000 Total new children served: 4 Total unduplicated children served YTD= 85 Total new adults: 2 Total unduplicated adults served YTD= 40 Cost per child: $ 380.12 Focus Area: Building Parent Capacity Program Description: SafeCare is an evidence -based training program for parents who are at - risk or have been reported for child abuse and neglect. Families are referred by the Department of Children and Families as well as the community referrals. An intake assessment is completed with the family to evaluate parental stress scales and obtain a baseline on parenting skills. The program is approximately 18 weeks consisting of 3 modules or 6 sessions each. Each module includes a baseline session for assessing skills, practice sessions, and a post session. Collaboration: The program is a collaborative program between Hibiscus Children's Center and Behavior Basics providing parents weekly home visits with strategic focus on safety, parent- child interaction, and health. Safecare also collaborates with Communities Connect for Kids and the Department of Children and Families monthly to discuss referrals, case closures, successful closures, and overall program operations. Goal 1: To maintain at least 95 percent or more of families served having no verified reports of abuse or neglect during services as measured by the ability to search FSFN (Florida Safe Families Network). • 4 I Quarter Result: 100% (4 of4) families did not have any verified findings of abuse while receiving services. • Cumulative Results: 42 out of 43 families did not have any verified findings of abuse while receiving services. Goal 2: 90% of families served will have no verified reports of abuse or neglect 6 months and 12 months post services as measured by the ability to search FSFN (Florida Safe Families Network). • 4th Quarter Result: 100 % (3 of 3) families served had no verified reports of abuse or neglect 6 months post services and 86% (6/7)12 months post services as measured by the ability to search FSFN (Florida Safe Families Network). Cumulative Results: • 24/24100% families served had no verified reports of abuse or neglect at 6 months 150 • 10/1191% families served had no verified reports of abuse or neglect at 12 months Goal 3: 90% of parents completing services increased positive parenting outcomes as measured by comparing the pre- and post -assessment checklist results. • 4th Quarter Result: 0/0 families have completed services this quarter increased positive parenting outcomes using the parental stress scale pre/post measures. • Cumulative Results: 7/7 families 100% have completed services increased positive parenting outcomes using the parental stress scale pre/post measures. Goal 4: To maintain engagement of clients in services. To maintain at least 80% of all clients referred for SafeCare services will be engaged (session 2+) in services as documented in home visit logs. Baseline is 80%. • Result 100% (4/4) clients engaged in the program this quarter by completing 2 or more sessions. • Cumulative Results: 27/52 52% clients engaged in the program this year by completing 2 or more sessions. The SafeCare staff and DCF meet weekly to discuss issues with families not engaging in services. HCC and 881 have done presentations about SafeCare to DCF investigators and HCC plans on meeting with agency's marketing department to come up with a strategy to increase client count. 151 The Hope for Families Center HFC Shelter Program Grant amount: $35,000 Funds used: $35,000 Total children served: 190 Cost per child: $184.21 Focus Area: Early Childhood Development; Building Parent Capacity Program Description: The Shelter Program is the first step for homeless families with children under 18 years of age to stabilize their lives by providing safe shelter, nutritious meals, clothing and other basic necessities through case management, referrals and enrollment assistance to services available within the community. The goal for each family is to achieve financial stability, employment and permanent housing. Adults are referred to service providers within the community for employment training/placement, parenting skills and mental/physical health care. Children are immediately assessed and enrolled in appropriate schooling, day care and after school, summer, winter and spring break activities/camps. HFC has also been working with the families and children to discuss mental health needs of the entire family for stability. All of these factors tied together enables parents to obtain and maintain employment. Collaboration: The Hope for Families collaborates with numerous agencies that provide services to our clients. To cite a few: The Source for a small fee provides dinner to our clients delivered to our campus three nights a week. HFC staff has been cooking healthy dinners four nights a week with concentration on fresh fruits and vegetables. Health needs are met through Treasure Coast Community Health and Whole Family Health. Case management works with schools, after-school programs, day care facilities and Homeless Children's Foundation to find meaningful life enrichment activities for the children at the facility. Also, Case Management works directly with DCF who monitors the welfare of children while in the shelter, especially if there is an open case on the family. Residents and their children who are struggling with mental health obstacles are referred to the McCabe Connections Center at the Mental Health Collaborative and Suncoast Mental Health Center. Safe Families for Children helps our families with other areas of childcare and support when working toward sustainability. Finally, we work directly with Treasure Coast Homeless Services Council with Coordinated Entry and Rapid Rehousing efforts if affordable housing is available. When a family enters the shelter, case management immediately begins to work with the adults to explain and develop employment, budgeting, savings and rapid rehousing plan if affordable housing is available. They also work with the family to get the children into appropriate day care, school, after-school and summer, winter and spring camps. In order for the parent to work, the child must be in appropriate, supportive day care, school or other programs. The case manager responsible for children's programs then works with the parents/guardians to get all required documentation needed, completion of all required forms, scheduling of appointments and enrollment in day-care, school, after-school programs and other camps. The case manager responsible for Rapid Rehousing works with adults in locating appropriate housing once they have saved required money for rent. Both case managers work as a team to provide a multi -disciplinary approach for delivery of service to adults and children within the HFC. All case management takes place at The Hope for Families Center. 152 The shelter is open 7 days per week, 24 hours per day, 365 days per year. Case management meets with the family at least once per week to review their progress within the program. The entire case management team meets weekly to review every case and progress toward family goals. If the family does not have health insurance or Medicaid upon entry, case management works to secure Medicaid or coordinates with providers to provide health services on a sliding scale. The first goal is to get every family, adults and children, established with primary care physicians. Most children have primary care physicians because of the needed immunizations and health records needed for school. Most adults do not have a primary care physician, unless they are medicated for an existing condition. Since the onset of COVID, we have seen an increase of adults with an already existing PCP. We require all health records for children to assure immunizations, and we do not require health records for adults unless there is an identified health condition. Every time a resident goes to the doctor or emergency room, we require a printout of the diagnosis and treatment for our records. As we move into the next fiscal year, we are seeing a shift in service for our residents. Because of lack of affordable housing, residents and their families are staying longer at The Hope for Families Center. In the past, most residents could find housing within 90 days, but currently the average length of stay is 6 to 9 months. HFC is working to find other housing alternatives for residents with a possible expansion to serve more residents in the future. Since we are able to keep residents longer, we are able to increase the social service programs to help the family be more sustainable. Some of our residents have even enrolled at Indian River Community College to further their educations. We have also been working with Habitat for Humanity for possible home ownership for some of our residents. Data below is the average from July 1St, 2021— September 30th, 2022 Goal #1— Increase number of children placed in after-school, summer, winter, spring and academic enrichment programs by 10% in year two as reported by the after-school and camp records maintained by The Hope for Families Center case management. Indicator # 1 Percentage of school -aged children 4th quarter — Fiscal Year placed in after school programs or 68% Average — 60% camps. Indicator # 2 Percentage of school -aged children 4th quarter — Fiscal Year transported to various programs 100% Average — 95% Indicator # 3 Percentage of parents who completed 4th quarter — Fiscal Year required documents for placement in 61% Average — 57% programs Goal # 1 Notes -The percentages of school age children going to activities was definitely affected by the two spikes in COVID this past fiscal year. Our averages were lower for the summer and winter time due to COVID at the shelter. If they were signed up and remained COVID free, we were able to transport the students and give them enrichment opportunities. Of students that 153 attended activities 83% received scholarships and were sponsored program fees. Also, 100% of residents have been informed of the McKinney Vinto Act. Goal # 2 — To maintain the number of non -school aged children placed in day care facilities that provide early childhood development at 100% as reported in case management records. Indicator # 1 Percentage of children who qualify for 4th quarter — Fiscal Year daycare and percentage placed 96% Average — 96% Indicator # 2 Percentage of children transported to 4th quarter — Fiscal Year Average — daycare facilities with a PCP o 0 88/ (12/ already for mental/behavioral 100% had transportation) Goal # 3 — Increase the number of families able to navigate healthcare and social service systems, access treatment for domestic violence, and mental health/behavioral health for themselves and their children by 20% as measured by families requesting assistance for services. Indicator # 1 Percentage of adults 4th quarter — Fiscal Year Average and children who • 78% came into • 63% came secure Primary Care the shelter into the Physicians or referred with a PCP shelter with for mental/behavioral already. a PCP health. • 18% secured already. PCP with HFC. • 36% secured PCP with HFC. Indicator # 2 Percentage of adults 4th quarter — Fiscal Year Average and children who are • 20 %were • 35% were referred for already using already health/mental a referral using a health/substance entering HFC referral abuse/ domestic • 35% were entering violence. referred by HFC. HFC. • 35% were referred by HFC. 154 Indian River County Health Start Coalition Babies and Beyond Program Grant amount: $62,650 Funds used: $62,650 (Q1 = $15,662.49 + Q2 = $15, 662.49 + Q3 = $15,662.49 + Q4 = $15,662.53) Total pregnant women served: 861 (Q1 = 277 + Q2 = 216 + Q3 = 167 + Q4 = 201) (includes participants delivering out of county (OOC)) Cost per client: Per 07/01/2022- 09/30/2022 CSAC funds used per pregnant woman: $77.92 Cost per client for cumulative fiscal year: $72.66 Focus Area: Building Parent Capacity Program Description: The focus of the Babies and Beyond program is on touching every mom, baby, and family in Indian River County, the Babies and Beyond program will provide childbirth education, lactation support within the hospital, nurse home visitation to postpartum moms, and developmentally appropriate peer-to-peer play groups. This program is designed to increase health literacy, strengthen parenting skills, and ensure that each baby in Indian River County gets the healthy start they deserve. Collaboration: Cleveland Clinic Indian River Hospital, Partners in Women's Health, Florida Woman Care of Indian River County, County Health Department, WIC office, Women's Care Center, Treasure Coast Community Health, Parents as Teachers, Indian River County Healthy Start Coalition, Indian River County Mental Health Collaborative, and Kindergarten Readiness Collaborative Program. Outcome # 1: Indian River County Healthy Start Babies and Beyond participants increase their awareness and knowledge of healthy prenatal and postpartum behaviors that can decrease the risk of infant mortality. Goal Results: 97% Overall 92%/ 110 of 119 prenatal program participants perceived the importance of breastfeeding by indicating their intention to breast feed their infant at birth and beyond. Data pulled from prenatal classes. • 100%/ 861 out of 861 new mother and family participants received education of infant safe sleep practices at actual bedside (postpartum). Data pulled from beside education. • 98%/ 636 out of 650 postpartum program participants have self-efficacy to perform proper infant feeding habits to help newborn infants to thrive. Data pulled from Nurse Home Visitation. 155 Outcome # 2: IRC Healthy Start Babies and Beyond program participants have improved access to prenatal and postpartum preventative care services to improve infant development and health. Goal Results: 82% Overall • 100%/ 118 out of 118 prenatal women and family participants increased their knowledge and awareness of labor and delivery techniques that enhanced a positive birth outcome/experience. Data pulled from prenatal classes. • 64%/ 569 out of 893 postpartum program participants received a preventative care home visit by a registered nurse who counsels and identifies possible adverse conditions of the mother and developing infant. Data pulled from Nurse Home Visitation. Outcome # 3: Women initiate and maintain breastfeeding with their infant to decrease associated risk factors of obesity in children. Goal Results: 83% Overall • 87%/ 747 out of 861 all mother's giving birth at Cleveland Clinic Indian River Hospital will initiate breastfeeding at the bedside. Data pulled from beside education. • 79%/ 676 of 861 program participants received support by a home visit, follow-up phone calls at 3 -days, and 6 -weeks, as well as, referrals to IBCLC professional when necessary. Data pulled from Nurse Home Visitation 156 Indian River County Healthy Start Coalition Coordinated Intake and Referral/ Presumptive Eligibility for Pregnant Women (PEPW) Grant amount: $20,000 Funds used: $20,000 (Q1 = $4,999.98 + Q2 = $4,999.98 + Q3 = $4,999.98 + Q4 = $5,000.06) Total referrals served: 1,531 (Q1 = 301 parents/children + Q2 = 324 parents/children + Q3 = 363 parents/children + Q4 = 543 parents/children (prenatal, postnatal and other community partners) Cost per referral: CSAC funds used per family for Q4 were $9.20. CSAC funds used for cumulative fiscal year per family were $13.06. Focus Area: Building Parent Capacity Program Description: The Indian River County Healthy Start Coalition (IRCHSC) has a Connections Specialist embedded within Cleveland Clinic Indian River Hospital's obstetrics offices - Partners in Women's Health. This allows the Connections Specialist to visit with 93% of all Indian River County mothers. During this visit, a universal risk screen is provided. This universal risk screen is under Florida Statute 383.14 and requires that all pregnant women be offered the State prenatal risk screening at their first prenatal visit. In addition to this screen, the new mom receives education and information on programs that she may be eligible. In an effort to streamline services, IRCHSC has collaborated with Cleveland Clinic Indian River Hospital to integrate IRCHSC's Coordinated Intake and Referral (CI&R) process with access to Presumptive Eligibility for Pregnant Women (PEPW). PEPW assists eligible pregnant women to immediately receive prenatal care through Medicaid for up to 45 days, while their eligibility for full Medicaid benefits is determined. The integration of CI&R and PEPW with Cleveland Clinic Indian River Hospital will allow staff to have additional access to mothers, babies, and families by being able to access labor and delivery. Collaboration: Cleveland Clinic Indian River Hospital, Partners in Women's Health, Indian River County Health Department, Midwife Love, Kindergarten Readiness Collaborative, Department of Children and Families, and local OB Providers Outcome # 1: Indian River County mothers will receive early access to prenatal care (as measured by Trimester Prenatal Care Began (Provisional). Goal Results: 88% Overall • 88% of mothers will receive early access to prenatal care, compared to the state's average of 69%. The state average reflects Q3 as Florida Charts does not have an updated number for this outcome. 157 Outcome # 2: Indian River County families will be linked appropriate programs based on risk and need. Goal Results: 45% Overall compared to the State's average of 48%. • 41% / 365 out of 895 Prenatal referrals made to other services (home visiting services) will be comparable to the State's average of S1% (Pulled from WFS). • 49% / 226 out of 464 Postnatal referrals made to other services (home visiting services) will be comparable to State's average of 44% (Pulled from WFS). Outcome # 3: Indian River County families will increase their knowledge of inter -conception care (ICC) and family planning methods measured by the ICC calls completed. 897 mothers who were referred or completed a screen had at least one attempt of contact for inter -conception care. Outcome #4: Indian River County families will have increased knowledge of resources and local programs as indicated by the percent of initial intakes completed. Goal Results: 68% Overall • 66%/ 895 out of 1364 of prenatal referrals and screens will complete an initial intake (state's average 47%). (Pulled from WFS) • 70%/ 464 out of 666 of postnatal referrals and screens received will complete an initial intake (state's average 67%). (Pulled from WFS) 158 Indian River County Healthy Start Coalition Community Doula Grant amount: $20,000 Funds used: $20,000 (Q1 = $4,890.98 + Q2 = $5,036.34 + Q3 = $5,036.34 + Q4 = $5,036.34) Total families served: 223 (Q1 = 30 + Q2 = 53 + Q3 = 42 + Q4 = 98 clients) Cost per client: Per 10/01/2021- 9/30/2022 CSAC funds used per client for Q4: $50.87. Cost per client for cumulative fiscal year: $89.69. Focus Area: Building Parent Capacity Program Description: The Healthy Start Community Doula program will support, educate, and empower pregnant women to take control of their health. The program will achieve this by providing educational support prenatally and by providing continuous labor support to the laboring woman at the hospital. The services will continue postnatally. Specialized services are provided by a trained Doula. The program aims to improve birth outcomes and health literacy for residents of Indian River County. Collaboration: Cleveland Clinic Indian River Hospital, Partners in Women's Health, Florida Woman Care, Indian River County Health Department, Indian River County Healthy Start Coalition, Healthy Families Indian River County, Parents as Teachers, Women's Care Center, and Moonshot Moment— Kindergarten Readiness Collaborative. Outcome # 1: The rate of cesarean delivery will decrease to 22% among prenatal clients receiving Doula services. Goal Results: 91% Overall 100% / 98 out of 98 program participants increased knowledge about pain management during labor, coping techniques during labor, comfort measures, procedures and terminology during labor, and pain medication used during labor. (Out of the 42 program participants, 21 gave birth during this time period.) 81% / 79 out of 98 program participants had a vaginal birth. 18%/ 18 out of 98 participants had cesarean sections. Outcome # 2: Doula program participants will have a higher breastfeeding initiation rate as compared to the state averages for the same period. Goal Results: 92.5% Overall • 94% / 92 out of 98 program participants -initiated breastfeeding at birth. a 91% / 81 out of 89 program participants continued breastfeeding postpartum. 159 Outcome #3: Doula program participants will have healthy birth weight infants of greater than 2500 grams. Goal Results: 99% Overall • 99% / 97 out of 98 program participants completed all prenatal appointments. • .05% / 5 out of 98 program participants had low birth weight infants (2500gm). Goal for this indicator is low birth weight infants will be 7% or lower for program participants. Outcome # 4: Doula program participants will increase their health literacy. Goal Results: 100% Overall • 100% / 98 out of 98 program participants increased knowledge of healthy preconception, prenatal and postpartum health. • 100% / 98 out of 98 of program participants demonstrated increased knowledge of birth practices, medical terminology, and medical interventions. .t Indian River County Healthy Start Coalition Healthy Families of Indian River County Grant amount: $36,800.00 Funds used: $36,799.98 (Q1 = $6,133.34 + Q2 = $15,333.33 + Q3 = $3,066.67 + Q4 = $12,266.64) Total families served: 306 (Q1 = 72 + Q2 = 72 + Q3 = 77 + Q4 = 85) Cost per client: CSAC funds used per family: $120.26. Focus Area: Early Childhood Development; Building Parent Capacity Program Description: Healthy Families Indian River County is an accredited home -visiting program for expectant parents and parents of newborns three -months and younger experiencing stressful life situations. The program improves childhood outcomes and increases family self-sufficiency by empowering parents through educations and community support. Parents voluntarily participate in Healthy Families so they can learn how to recognize and respond to their babies changing developmental needs, use positive discipline techniques cope with day-to-day stress of parenting in healthy ways, and set and achieve short- and long-term goals. Outcome # 1: Children and families have improved access to high quality preventative care. • 80% of children will have an improved and on time childhood immunization adherence. For decreasing the risk of preventable childhood diseases. Goal Results: 100% Overall Outcome # 2: Families will have increased access to mental health services. • 90% of participants will have the postnatal Edinburgh administered after the target child's birth, according to HFF policy. Goal Results: 100% Overall Outcome # 3: Parent education to increase attunement and promote learning from birth. • 80% of families will have received at least 75% of home visits as prescribed by the leveling system. Goal Results: 97% Overall 161 Indian River County Healthy Start Coalition Parents as Teachers Grant amount: $116,500.00 Funds used: $116,499.60 (Q1 = $29,124.99 + Q2 = $29,124.99 + Q3 = $27,018.79 + Q4 = $31,230.83) Total families served: 206 (Q1 = 52 parents/caregivers/50 children + Q2 = 47 parents/caregivers/49 children + Q3= 49 parents/caregivers/48 children + Q4 = 55 parents/caregivers/59 children) Cost per child: CSAC funds used per family for Q4 were $529.34. Cost per family for cumulative fiscal year were $565.53. Focus Area: Early Childhood Development; Building Parent Capacity Program Description: Parents as Teachers is home based parenting education. The goal of the evidenced —based Parents as Teachers (PAT) Program is to provide low-income parents with skills to maximize their child's cognitive, social, and emotional development during the most critical period of brain growth birth to three years. Staff will screen children regularly for developmental delays and health issues. The program's long-term goal is to increase children's readiness for kindergarten. Collaboration: Cleveland Clinic Indian River Hospital, Partners in Women's Health, Kindergarten Readiness Collaborative, Moonshot Moment. Outcome # 1: Parents will increase their knowledge of their child's positive growth and development through age-appropriate parenting. Goal Results: 98% Overall 96% / 93 out of 97 parents/caregivers increased their knowledge of their children's age- appropriate development. During the entire year, ASQ3 is given more than one time at different age intervals. (Data pulled from ASQ3). 98% / 104 out of 106 parents/caregivers responded appropriately to developmental milestones. During the entire year, PICCOLO is given more than one time at different age intervals (Data pulled from PICCOLO). • 100% / 106 out of 106 parents/caregivers recognize and respond appropriately to the emotional needs of their child. During the entire year, PICCOLO is given more than one time at different age intervals (Data pulled from PICCOLO). 162 Outcome # 2: Parents will improve parenting capacity, parenting practices, and parent-child relationships. Goal Results: 98% Overall • 100% / 106 out of 106 parents/caregivers increased parent child interaction and age- appropriate play activities. (Data pulled from PICCOLO). • 96% / 93 out of 97 children administered the age-appropriate developmental screening tool increased their language development and communicate needs on an age- appropriate level (ASQ-3). (Data pulled from ASQ3). Outcome # 3: Parents will develop self -advocacy skills and obtain support that will lead their family's success and self-sufficiency (self-report). Goal Results: 100% Overall • 100% / 171 out of 171 parents will be linked to at least one community resource as needed (Data pulled from Penelope). 163 Miss B's Learning Bees, Inc. Project COAEP Grant amount: $20,000 Funds used: $20,000 Total children served: 69 Cost per child: $298.86 Focus Area: Quality Remediation and Enrichment Program Program Description: Project COAEP It was designed to incorporate behavioral interventions and social emotional supports in addition to the time, support, and resources offered in the original Community Outreach Academic Enrichment program. Research reflects when these services are combined the students increase in their academic achievement, social skills, and problem behaviors no longer exist. This project supports our mission because it provides our students, teachers, and families the tools and supports they need to help them reach proficiency. 1. Increase the number of students who are at or above proficiency in the areas of reading and math by 5% using data collected from the Florida Standards Assessment. Baseline: 25% of students are proficient in reading and 15% are proficient in Math (1St quarter assessment). Based on the data collected from the Florida Standards Assessment, 25% (17 out of 69) of students who were tested scored at a Level 3 or above in reading and 21% (14 out of 69) scored at or above proficiency in math. These numbers reflect that we were able to maintain the number of students that were proficient in reading (25%). It also shows that we increased the number of students that were proficient in the area of math from 15% to 21%. In August, 31 students enrolled in Project COAEP. Based on the Snapshot completed in August, 42% were proficient in math and 35% proficient in reading. To date, we have 54 students enrolled in the program. 29% are proficient in math. 27% are proficient in reading. As our numbers increase our overall proficiency decreased. 2. Increase the number of students who are in the bottom 25% who become proficient in the areas of reading and math using data collected form the Florida Standards Assessment. FOCUS data revealed in Math, 27% (19) of our student population scored in the lowest 25%. 0% of students increased to a Level 4 to show mastery or proficiency. While, 12.5% of students did increase from a Level 1 to a Level 2. In reading, 33% (23) of students scored in the lower 25%. 0% of these students increased to a Level 4. 16% increased from a Level 1 to a Level 2. No student increased to a Level 3. 164 To date, program participants have answered a total of 43,000 questions (iXL). Students have practiced 1,990 skills; mastered 1, 154 skills, and proficient in 1,303 skills. in addition to online games student participate in interactive learning activities. 3. Increase the number of students in the bottom 25% who make learning gains in reading or math using data collected from the Florida Standards Assessment. For the 2021-22 school year, 27% of students in the bottom 25% made learning gains in reading, whereas 38% made learning gains in math. All data was collected from Focus using the FSA Assessment reports in reading and math. 4. Decrease the number of students displaying behaviors that affect them while they are in school. The behavioral services program was instrumental in providing interventions for 75% of students who had experienced behaviors that affected them while they were in school. The other 25% needed additional services that we were unable to provide due to either needing an additional location to focus solely on students needing individualized assistance in a private setting, or more services than we provide at this time. For students that need more services than we currently provide we refer them out to other BCBA's who provide the service. We are currently working to identify additional space to provide individual services. Program Updates Project COAEP is off to a strong start for the school year. The program currently serves 54 students enrolled to receive services. We have increased our transportation route to include three additional schools and two additional vehicles. For the food program our goal is to now become sponsor for the Afterschool Food Program and the USDA Summer Food Program. This will allow local programs that provide food as a service to continue receiving support year- round instead of just during the school year. The program also upgraded its license in IXL to be more efficient. The license allows the afterschool program to collect data, monitor student progression, and implement assessments to collect student data. Results of the new F.A.S.T. assessment (replacing FSA) will not be shared by the District per Dr. MacMahon. Not having access to this data will make it difficult to provide a comparative analysis and support the outcomes provided by our online learning management system. 165 Mental Health Association Middle & High School Violence & Suicide Prevention Grant amount: $46,833 Funds used: $46,833 Total students served in direct care: 452 Cost per student: $103.61 Focus Area: Programs that address risky youth behavior Total students served: 3,013 for Erika's Lighthouse group psychoeducational prevention from October 1, 2021 -September 30, 2022; 264 students for individual mental health school-based assistance from October 1, 2021 -September 30, 2022; 188 unduplicated youth at the Walk -In & Counseling Center for outpatient mental health care this reporting period. Staffing Hours for School -Based Program Activities 07/01/2022 to Funding Period Same day mental health screenings/crisis intervention 09/30/2022 to Date Direct Staff time in Schools for Erika's Lighthouse provision 24 hours with 439 163 hours with for depression awareness and suicide prevention students 3,013 students Direct Staff time in Schools for Erika's Lighthouse 8 hours with 186 hours with j individual mental health care with self-referred students 10 students 264 students Direct Staff time in Schools Critical Incident Support n/a n/a 1 Program outpatient mental health treatment services at the Walk -In & Counseling Center 07/01/2022 to 09/30/2022 Funding Period j to Date Same day mental health screenings/crisis intervention 25 158 Child/Teen Diagnostic Assessments 24 98 ; Individual/Family Therapy 354 1,229 Unduplicated number of Youth Seen in Outpatient Clinic 91 188 i Program Description: The Middle & High School Suicide & Violence Prevention Program includes prevention psychoeducation as well as crisis and therapeutic intervention for at -risk students in grades 6-12. In the program. MHA's mental health professionals: • Facilitate within area schools, in collaboration with Substance Awareness Center, Erika's Lighthouse psycho -educational intervention on depression awareness and suicide prevention. • Provide therapeutic intervention with students who request individual mental health help. • Provide crisis intervention and mental health support to students in need of immediate assistance to prevent harm to self/others and to restore stability and functioning. • Provide effective ongoing mental health treatment services to address emotional and behavioral health needs of students with diagnosable mental health concerns. • Deliver critical incident support for traumatic events negatively affecting students, parents and/or staff to restore disrupted functioning and assist with healing. 166 Collaboration: Mental Health Association works collaboratively with the Indian River County School District and Substance Awareness Center to provide Erika's Lighthouse depression awareness and suicide prevention model and follow-up services to Indian River County middle and high school students enrolled in the Indian River County School District. The Mental Health Association is additionally committed to providing the Erika's Lighthouse program to additional schools, such as Indian River County Charter High School, Imagine Charter, St Edwards, and Alternative Center for Education. Goal 1: Students self -referring for mental health care can specify if they want to meet with a mental health professional within the next school day or within the next week. MHA clinicians will meet with those students requesting support within or before the period specified, or and inform school personnel if contact is not possible (ie, student not in school). Outcome: Erika's Lighthouse psychoeducation prevention was completed for all schools during the 2021-2022 school year on March 18, 2022. This 4th quarter we started Erika's Lighthouse for the 2022-2023 school year in Sebastian River High School and Sebastian River Middle School on September 26th and 2711 and completed them in October. There were 10 self -referrals seen during the 4th quarter reporting period and 264 self -referrals during the funding period. Goal 2: Indian River County middle and high school students will participate in Erika's Lighthouse, an evidenced -based model for depression awareness and suicide prevention. Post testing will determine student gains in knowledge about depression, mental health wellness strategies, and ways to receive needed mental health assistance if needed. Students will complete self -referral cards to confidentiality ask for mental health help within 24 hours or within a week. Outcome: Erika's Lighthouse psychoeducation prevention was completed for all schools during the 2021-2022 school year on March 18, 2022. This 4th quarter we started Erika's Lighthouse for the 2022-2023 school year in Sebastian River High School and Sebastian River Middle School on September 26th and 27th and completed them in October. No surveys were provided during this reporting period. Erika's Lighthouse Student Survey Results 07/01/2022 to Funding Period 09/30/2022 to Date % of students who strongly agree or agree they are aware of the signs and symptoms of depression n/a 90% % of students who strongly agree or agree they are aware of behaviors and skills to boost their mental n/a 87% health wellness. % of students who agree or agree they are aware of ways they can reach out for mental health help if they n/a 92% want or need it. 167 Goal 3: % of served youth at the outpatient clinic who discharge from care with a favorable disposition. Reductions in mental health symptoms of eligible youth in ongoing therapy, as evidenced by results of objective measures listed above and by documentation in the service record regarding symptom reduction and treatment gains. Therapeutic activities include outpatient mental health screening, crisis intervention, and individual, group, and/or family therapy. Outcome: 76% of youth were discharged favorably during the fourth quarter (7/1/2022- 9/30/2022). 80% of youth discharged showed a reduction of anxiety &/or depression per the GAD7/PHQ9 scores. Our 21/22 funding year average for youth at the outpatient clinic who discharged from care with a favorable disposition is 76%. Goal 4: Provision of critical incident support to promote healthy coping for the incident and minimize the negative impact of the critical incident on individual functioning and support readjustment when school resumes regular programming following a critical incident. Outcome: MHA provided no critical incident in -school supports during this quarter nor for the funding period. .: OCP Community Outreach, Inc. Purpose Driven Youth Program Grant amount: $10,000 Funds used: $10,000 Total children served: 30 students Cost per child: $333.33 Focus Area: Quality Remediation and Enrichment Program Program Description: Purpose Driven Youth (PDY) is a college -career readiness program designed to increase the number of post -secondary enrollment and work certified rate of low- income, underserved students, some whom are first -generation college students. We provide comprehensive support services to our participants. These services include academic enrichment, life -skills instruction, familiarization with college, financial literacy instruction, mentoring, community involvement and engagement with the family for student grades 9-12. Goal 1: To improve or maintain academic performance of enrolled students by 50% in one year as reported by students report cards/transcripts. Result: 29 out of 30 (96%) students were promoted to the next grade level or graduated high school. • 1 —A.A. Degree from Indian River State College • 3 — Certified Nursing Assistants • 2 — Patient Care Technicians • 3 — Phlebotomy Certifications Goal 2: Increase the number of enrolled graduating seniors (class of 2022) prepared for higher education by 75% as reported by college admissions to 2-4 year universities, colleges or technical schools. Result: 93% of seniors (13 out of 14) enrolled have applied and been accepted to a college, university. 93% of seniors have completed the FAFSA. 93% of seniors were awarded local and college scholarships for an estimated total amount of more than $500,000 in scholarships and financial aid. Goal 3: Increase the number of enrolled students by 65% prepared for employment as reported by Work Certified completion report. Result: 28% of students for the fourth quarter/2022-23 school year have completed their Work Certification modules; 16 out of 34 (47%) current students are employed. 169 2021-2022 • 7 students were connected with Department of Vocational Rehab —two obtained summer employment and two completed summer employment camps. • 13 out of the 14 seniors are currently enrolled in college —Indian River State College (9), Florida Atlantic University, Florida A & M University, Florida Memorial University, St. Thomas University and Webber University. Students were all connected with the Supplemental Nutrition Assistance Program (SNAP) for food assistance if needed. 170 Pelican Island Audubon Society Audubon Advocates Afterschool Program and Adventure Camps Grant amount: $25,000 Funds used: $25,000 Total children served: 215 Total parents served: 192 Cost per child: $116.28 Focus Area: Quality Remediation and Enrichment Program Goal #1 and outcomes: A. Students grades 6-12 (ages 10-17) were held during Winter, Spring, and Summer camps with a new afterschool Green Team at VBHS that began in August. Whereas, PIAS will be working with the students to design, implement, and install a natural area with the Senior students. The court yard is for Seniors only and they have an interest in making it a natural sanctuary for learning, relaxing, and socializing. B. Winter camp was held for six days for students from the Homeless Coalition Foundation of IRC. We accommodated 8 students (due to COVID restrictions). The students had an extensive program in outdoor nature art therapy, for overall mental health and well- being. The students worked on building art projects in the woods out of natural items found in the woods. Most of the students worked alone on their project with assistance from a retired art teacher and a retired Licensed Social Worker/Group Facilitator. Two students worked together and built a 'home with a front porch out of rocks, sticks, string, vines, flowers etc.' The students learned to work as a time as they worked with guide rope and walked between trees, with the others cheering them on. Healthy Food was donated by a local women's group; they prepared, sandwiches, fresh baked goods, fruits, nuts and other items. C. Spring Camp was again during a COVID restricted time and we were able to accommodate ten students ages 11-16. These students were from the Homeless Coalition Foundation of IRC, as their Executive Director asked to continue our involvement with the students because of some behavior changes they noticed in the students from prior camps. Ten students were enrolled with one student dropping out, the attendance was on average one student a day did not attend. Working with this population we are not always given reasons why a child may not come back. This camp focused on the Indian River Lagoon- Save the Manatees as there was a die off during the season. The students were given the opportunity to explore the lagoon by pontoon boat, with bird watching and general education about the health of the lagoon personally. The students had buckets in the classroom for reuse, recycle, compost and trash and daily tallied up their results. They had a great time trying to beat their previous day's score. On the final day, the students were doing sidewalk art with the theme of 'saving the manatees'; One student wrote; "Feed the Children, (aka Me)". After talking to her, she stated; "How can I save the manatees when I don't even know where I will sleep tonight". This became our afternoon conversation regarding student homelessness issues in IRC, food deserts, and the concerns they have to remain in a stable environment both personally and educationally. 171 D. Summer Camps: Pelican Island Audubon Society, Clean Water Coalition of IRC and the IRC Stormwater Dept collaborated providing four weeks of camp (PIAS Environmental Educator left her employment); 38 students attended, partly because the County did not give final approval to the Stormwater employee to advertise or participate in the camps. Many of the students were recent Audubon Advocate graduates, and other students that were interested in a science -based camp. All 38 students completed camp sessions. ***A 2019 Audubon Advocate, Aubrey, a junior camp counselor, based on her knowledge and leadership skills, stated she learned during Audubon Advocates program. Aubrey is a great example of our graduates whom want to come back and volunteer. She has since begun volunteering at our social education events and has her own blog. E. Nature Camp: River kidz/Nature Club begins October 29, 2022. We were not able to begin this program due to many restrictions with COVID illnesses among the staff members. We currently have participants registered. Results will be noted in the next years grant report. F. IRSC: This project is still in its' infancy due to changes in coordinators at the college and PIAS. We have begun working with to develop a program whereas, college students will work with our younger students in the outdoors. A college student, that was a junior guide graduate from 2018, has asked to come back and be a volunteer with our programs. Goal #2 and outcomes: Boosting direct parent involvement, invite parents for family events; educate parents regarding Nature Deficit Disorder. Audubon Advocate Program is designed to: increase knowledge and interest in science, environmental, biological, geology, hydrology, entomology, ornithology, measured by pre - survey (tests) with the focus on the required science vocabulary that coincided with the school curriculum, and address the objectives or standards within the scope of existing education programs. All Audubon Advocate families receive one-year free membership to Pelican Island Audubon Society, whereas, they receive the monthly newsletter with listings of free community wide topics, and special student and parent events. We encouraged parents to participate in several events, however, COVID was still present and many parents were hesitant to participate. We continued to provide them with information and ideas via: private Audubon Advocates Facebook page and newsletters. Overall, 65% of the parents who looked at the Facebook pages made positive comments. Upon dropping the students back off at the school, parents would often comment that they "Wish there was a program like this when they were a child". A. Parent post -surveys averaged 90% completed; several comments from parents of the four schools were: "It (Audubon Advocates) impacted him very well. He enjoyed it dearly". "Landon was excited to do things he had never experienced before, it made him enjoy being outside more," "wish it was longer than 13 weeks!" "She learned a lot and it was hands on". 172 "I think they will advocate for environmental issues in the future & take place in more outdoor related activities". "Expanded social skills, off technology for a bit!". "He came home talking about everything". "He loved the program, thank you for pushing my child in his love for science". "Such positivity from all the staff and volunteers. She had the best time with everyone and always came home with new facts/info". Goal #3 and outcomes: Our after-school program for 511 graders from four Title 1 south county schools are conducted at the Audubon House and Oslo River Conservation Area (ORCA), County Stormwater Center — Egret Marsh. All participants focus on conservation, increasing science literacy and vocabulary, educating students about local flora and fauna, and educating the students to become advocates of the local environment. The students have little exposure to the local green and blue space in Indian River County. A. The Audubon Advocates program served: 96 students from Oct. 1, 2021 thru May, 2022; and beginning August, 2022 there are currently 48 students enrolled. A total of 144 fifth grade students; two students dropped out as they moved from the area, but was substituted with new chosen students. Monthly newsletters were sent home with students that provided information about what the students learned during their extended After-school Outdoor science program, pictures of students participating, information about what was available for free in the community to get families outdoors, and other general information. B. Parents were given a free 1 -year family membership to Pelican Island Audubon Society, which includes a monthly newsletter "Peligram" with articles about environmental issues, activities, field trips, and some highlights of their students, as well as, all access to the PIAS website with educational information, adult programs, general information and ways to volunteer. C. Parents completed pre -surveys before their child began the Audubon Advocate program and a post -survey when completed. Parents noted how much time they spent with their child outdoor and their perception of how important it was for their child to attend Audubon Advocates and explore sciences hands-on. All but one family attended the students' graduations where the student showcased their knowledge and demonstrated what and how they learned. Some students showed parents how to use binoculars, cameras, kayaks, how to handle reptiles, importance of mosquitos, etc. Three students form on class (Glendale Elementary) asked if they could speak to the parents and invited guests during the graduation ceremony. The first student spoke about "how Audubon Advocates made a man out of him" because he felt so much more responsible about the environment and how to advocate for a cleaner world. The second student spoke about how he dressed and noted to the parents that he probably looked like a student that didn't like science or the outdoors (dressed all on black, black hoodie, pants, hair) but he was so happy to be in the program and he hopes to become a scientist when he grows up. The third student just wanted all the adults in the room to know how proud all the students were about being invited to be in the Advocate program. D. Student's pre -survey scores averaged 62.6% and increased to an average of 86.1% on the post -survey for the first three quarters of this grant. The fourth quarter is currently 173 in its fifth week, with data being available at a later date. Our program uses appropriate New Generation STS standards and is a Benchmark for Science Literacy. We look to measurable gains in math and science scores for the four student groups and a key in their understanding of science vocabulary. E. The stipend teachers from the four schools completed weekly feedback on knowledge students learned if an improvement was suggested and how relevant it was for fifth grade curricula. Overall, all the teachers agreed that the Audubon program was very beneficial to complementing their science class and some comments stated the students were better able to learn the material because it was hands-on and project based. F. The student's observation skills increase as the semester continues, and by being able to write in the journals, they note the differences in their surroundings. This has become of the overall program, and the students have increased their willingness to record numbers, symbols and sketching in their personal journals. This current term that began in August, the students worked with the art teacher to sketch self-portraits with themselves in nature. Mental Health and personal wellness studies have shown that being outdoors in nature, both with intention to learn and to just have free time has shown to be very beneficial to overall health. We greatly appreciate the continued support of the CSAC of Indian River County. There continues to be a working relationship with our expanded collaborators, and we have been able to increase our reach to provide more outdoor time for students and their parents. Thank you for supporting our ability to reach out to more underserviced students. We have been providing mental health check -ins with general questions about how students and teachers are feeling, due to all the complications following two years of COVID disruption. Research shows that students and people in general do much better when given the opportunity to be outdoors, and feel "Happier" when provided the time. Collaboration: Indian River Lagoon Council, IR County School district and individual schools, Indian River Public Works division, University of Florida Entomology Lab, IRC Homeless Coalition Foundation, National Audubon, and PIAS board members and volunteers. 174 Redlands Christian Migrant Association, Inc. (RCMA) Infant & Toddler Childcare Grant: $75,500 Funds Used: $75,500 Total Children Served: 112 Infant/Toddler Focus Area: Early Childhood Development Program Description: This program is designed to positively impact the lives of farmworker and rural poor families by providing high quality child care, kindergarten readiness activities and family support services that empower parents to become leaders in their children's education. 1. Outcome #1: 100% of children in RCMA early childhood education programs will receive health screenings and developmental assessments within 45 days of enrollment. There was a total of 34 new enrollments for the 2021-2022 year. 26 infant/toddler children were enrolled during this quarter • 26 children obtained a physical exam and are up-to-date. • 26 children have their immunizations up-to-date • 0 is scheduled to be screened Hearing screenings • 24 children passed and are up-to-date • 2 failed — referred for follow-up • 0 is scheduled to be screened Vision screenings • 26 children passed and are up-to-date • 0 failed — referred for follow-up • 0 is scheduled to be screened COR Assessments • All children were assessed and continue to show overall gains as compared to baseline assessments. 2. Outcome #2: 100% of classrooms will be staffed with correct teacher -to -child ratios to ensure an increase in the number of children served at RCMA early childhood education programs in Indian River County. 26 children were enrolled during this 4th quarter reporting period. The program has served a total of 44 children to date. We will continue to make enrollment of infants and toddlers a priority as qualifying families apply for the program. A waiting list is kept to replace children who leave the program. Two teachers are staffed in each classroom to maintain proper teacher -child ratios. Teachers are receiving coaching / professional development to further assist with classroom support. 175 3. Outcome #3: 85% of children enrolled in RCMA early childhood education programs will make progress over time increasing their language, literacy and communication skills to a developmentally appropriate level. • During the last period of observations, 95% of children assessed exited our program meeting or exceeding expectations in social emotional skills for their age. Children of all ages did the best in gross motor skills. Children of all ages did the best in gross motor skills. • Teachers use the results in order to individualize classroom activities to enhance skill development in the focus areas of improvement • Results are also discussed with parents. EOY Summary: • During this contract year the agency was able to serve a total of 112 children (all 4 quarters combined). The agency uses a waiting list to replace children as they leave the program so that we continuously provide services to children and their families in need of quality care and education in Indian County. 100% of eligible children enrolled in the program were able to be assessed based on their enrollment date. • Classrooms were staffed with multiple teachers to maintain proper teacher -child ratio. • Overall developmental gains were indicated in the COR assessment conducted this contracting period. • Over 90% of the children served in RCMA early childhood education programs met or exceeded expectations increasing their language, literacy and communication skills to a developmentally appropriate level. 176 Redlands Christian Migrant Association, Inc. (RCMA) School Readiness Match (SRMAT) Grant: $50,000 Funds Used: $50,000 Children Served: 17 Focus Area: Early Childhood Development Program Description: This program is designed to positively impact the lives of farmworker and rural poor families of the ALICE population by providing high quality child care, kindergarten readiness activities and family support services that empower parents to become leaders in their children's education. 1. Outcome #1: Children who meet ALICE income levels will be enrolled at high quality childcare centers. • Sixteen (16) children were enrolled through this quarter ° 10 children enrolled at RCMA centers; 1 child dropped within 10 days of enrollment ° 6 children enrolled at Childcare Resources of Indian River Both agencies continue to recruit and maintain a wait list as applicable in order to enroll children as eligible family apply. 2. Outcome #2: 100% children will be screened with the Ages and Stages Questionnaire (ASQ) to determine whether they have any developmental issues to be addressed. At RCMA Whispering Pines CDC 9 children received ASQ screenings within 45 days. One (1) of the children dropped within 10 days of enrollment. ° All the children passed and none needed to be referred out. However, there are Individualized Learning Plans in place for children with concerns within one or two domains that did not meet the requirement to be referred. Six (6) children enrolled at Childcare Resources site received ASQ screenings within 30 days of their enrollment/recertification. ° 5 passed and 1 scored within the area of concern. The child with concerns is currently receiving therapies. Individualized teaching practices have been implemented. 3. Outcome #3: Children receive vision and hearing screenings within 45 days of enrollment and referred for services if needed. Nine of the 10 children enrolled at RCMA received hearing and vision screenings are up to date with their Physical and Immunization. One of the children dropped within 10 177 days of enrollment. • Seven (7) children passed the hearing screening and two (2) failed and those children are in the referral process. • Seven (7) children passed the vision screening and two (2) failed and those children are in the referral process. • All Six (6) at Childcare Resources passed the vision and hearing screenings as well as being up to date with their physical and immunization. 178 Substance Awareness Center Re -Direct Program Grant amount: $90,000 Funds used: $90,000 Total served: 265 youth New clients: 237 Clients completed: 222 successful, 8 unsuccessful Focus Area: Building Parent Capacity; Programs that address risky youth behavior Program Description: ReDirect targets adolescents ages 12-18 with risky behaviors correlated with substance use and co-occurring disorders. The ReDirect program proposes to re -direct and motivate adolescents and their patents towards a substance free, pro -social lifestyle. SAC follows science -based best practices and modalities, which are designed to help engage and engage families in positive change: utilizing a non -judgmental, motivational and proven effective approach for successful outcomes. Outcome #1: 80% of program participants with indicated ATOD use will demonstrate reduced use of ATOD as evidenced by negative drug test results during the course of the program and as a requirement for successful program completion. • 100% of the indicated successful completers demonstrated reduced ATOD as evidenced by negative drug tests. • Post-test survey demonstrates the 89% of participants stated they would refuse if someone asked me to drink alcohol. Outcome #2: 80% of clients will demonstrate an increase in positive coping skills as evidenced by pre and post-test surveys. • 100% of the successful completers demonstrated increased positive coping skills as demonstrated by group participation and survey. • Post-test survey demonstrates 76% of participants stated when faced with a problem or difficult decision they would take a deep breath and tell themselves they could figure it out. • Post-test survey demonstrates 87% of participants would refuse someone who is trying to get them to do something they don't want to do. • Post-test survey demonstrates 85% of participants would use a goal setting model to create and make progress towards achieving a goal. • Post-test survey demonstrates 71% of participants would do a breathing exercise to reduce stress. • Post-test survey demonstrates 77% of participants said that when they want to understand other people they would repeat back in their own words to make sure they understood them correctly. 179 • Post-test survey demonstrates 82% of participants believe the skills they learned in the program will help them in their relationships with friends. • Post-test survey demonstrates 83% of participants believe the skills they learned in the program will help them in their relationships at school. • Post-test survey demonstrates 84% of participants believe the skills they learned in the program will help them in their relationships at home. • Post-test survey demonstrates 87% of participants believe the skills they learned in the program will help them in their relationships at work (now or when they get a job). Outcome #3: 80% of clients will demonstrate pro -social behaviors through consistent engagement with school, work, or community service while attending the program. • 100% of the successful completers demonstrated improved pro -social behaviors through engagement in community, school and/or work while in the program. Prevention youth served with delinquency referral after release from program: 7% this FY. Substance Awareness Center School Based Prevention Grant amount: $90,000 Funds used: $90,000 Total children served: 5,280 Focus Area: Programs that address risky youth behavior Program Description: The Substance Awareness Center of Indian River County (SAC) is licensed by the Florida Department of Children and Families (DCF) to provide Prevention Level 1 Universal Prevention Services. SAC believes all youth are capable of success. SAC's prevention programs aim to build the skills necessary to achieve success and reduce the likelihood of substance use and other health risk behaviors. SAC's team of trained prevention specialists deliver evidence based programming in the classroom at their respective schools. Evidence Based Prevention Programs offered to SDIRC and Community Partners: LifeSkills Training (LST) is an evidenced based universal direct prevention program proven to reduce the risks of alcohol, tobacco, drug abuse, violence and other health risks by targeting the major social and psychological factors that promote the initiation of substance use and other high-risk behaviors. LST focuses on drug resistance skills, personal self-management skills, and general social skills. Prevention Plus Wellness (PPW) Sport and Vaping is an evidenced based universal direct prevention program designed to increase health and behaviors like physical activity, sports participation, healthy eating, adequate sleep and stress control. PPW identities wellness enhancing behaviors along with substance use habits that interfere with reaching wellness goals and a positive self-image. Erika's Lighthouse (ELH) is an evidence informed, adolescent depression and suicide prevention program that raises awareness, reinforces healthy skills and protective factors, encourages conversation, promotes early identification and prevention, and helps show adolescents that they are not alone. Erika's Lighthouse, a depression awareness and suicide prevention program developed its program based on the foundation of hope, light, conversation and community without shame or stigma. Everfi is an evidenced based learning platform measuring knowledge, attitudes, and planned behaviors of students. Everfi believes the choices we make and the habits we form while we are young become the foundation for the lives we lead as adults, Everfi's health and wellness resources teach students to make healthy choices in a safe environment. Their curriculum includes introduction to mental health, understanding mental health disorders, coping strategies and helping self and others. Outcome Data: Each year the Substance Awareness Center collects and analyzes matched pre/posttest survey data to determine the effectiveness of our program. Outcome measures are analyzed to determine if change is statistically significant. The completed analysis will be conducted at the end of the school year. The 2022 report is attached. 181 Additional Highlights: Summer camp pre and post-test surveys demonstrate an increase in knowledge and skills. Here are a few of the changes: LifeSkills Training grades 6th_9th students — • Some advertisers are deliberately deceptive (TRUE): PRE 68%, POST 82% • There is very little you can do when you feel anxious (FALSE): PRE 63%, POST 71% • Deep breathing is one way to lessen anxiety (TRUE): PRE 76%, POST 90% • A serving of beer or wine contains less alcohol than a serving of "hard liquor" such a whiskey (FALSE): PRE 27%, POST 52% • 1 would say no if someone tried to get me to smoke marijuana: PRE 66% agree, POST 69% agree • 1 would say no if someone tried to get me to drink beer, wine, or liquor: PRE 68% agree, POST 69% agree • 1 would say no if someone tried to get me to vape or smoke and e -cigarette: PRE 64% agree, POST 67% agree LifeSkills Training grades 3rd -5th students — • When you feel stressed there is nothing you can do about it (FALSE): PRE 79%, POST 90% • Beginning your sentence with the word "I" is a good way to be assertive (TRUE): PRE 74%, POST 84% • There is nothing you can do about peer pressure except for along with it (FALSE): PRE 75%, POST 84% • When you feel nervous or stressed out, how often would you take deep breaths to relax ("most of the time"): PRE 40%, POST 47% :i Safe Families for Children Safe Families for Children — Treasure Coast Grant amount: $20,000 Funds used: $20,000 Total unduplicated children served: 100 (Year Goal) ACTUAL: 215 Quarter 1 Quarter 2 Qu a rje:r:3:= Quarter 4 38 50 1 58 69 Total unduplicated adults served: 45 (Year Goal) ACTUAL: 125 Quarter 1 Quarter 2 Quarter 3 Quarter 4 29 30 32 34 Cost per person: $138.00 Focus Area: Early Childhood Development; Building Parent Capacity Program Description: Safe Families for Children (SFFC) is a volunteer movement that gives hope and support to families in distress by reframing how families are supported during a crisis. SFFC directly addresses a root cause of neglect, social isolation, by hosting vulnerable children and creating family -like support for desperate families. YEAR-END TOTAL Outcomes: Early Childhood Development 1. Deflect from child welfare - Families (125 parents) (215 children) who were at risk for child welfare involvement were deflected and supported by through SFFC 2. Reduce likelihood of abuse or neglect - Each of the families/parents (125) and children (215) were supported by hostings or family friend arrangements (mentoring/support, childcare, extra -curricular activities, transportation, employment/housing support) through the support of a family coach and a host of volunteers. 3. Building a caring safety net for children whose families are in crisis -Each family we have served in crisis - which made up children this quarter —43 hosted, 172 Family Friend Arrangements Build Parent Capacity 4. Parents will have an extended support system -Every parent (125) through the help of our volunteers (hosting families, family friend arrangements, family coaches and resource friends) extended the parents network to create support for families in need. We also see the Five Protective Factors increase. Safe Families for Children incorporate the Five Protective Factors - an evidence -based framework that supports the notion that when these factors are present in a family, the 183 likelihood of abuse and neglect diminish. Research also shows that these factors create healthy environments for the optimal development of all children. 1. Parental resilience: Managing stress and functioning well when faced with challenges, adversity and trauma. 2. Social connections: Positive relationships with others that provide emotional, informational, and spiritual support. 3. Knowledge of parenting and child development: Understanding child development and parenting strategies that support the development of their children. 4. Concrete support in times of need: Access to concrete support and services that address a family's needs and help minimize stress caused by unmet needs. 5. Social and emotional competence of children: Family and child interactions that help children develop the ability to communicate clearly, recognize and regulate their emotions and establish and maintain relationships. 21-22 YEAR END Notes: Our themes this year were - A) The housing crisis has deepened and is significant. We have worked creatively through some short-term motel support while waiting for more longer-term housing, helping parents look at home/apartment sharing. B) We have moved into deeper relationships with our partner churches in IRC — where they have committed to funding and more engagement with our organization. C) We continue to see a significant increase in support needs to families through Family Friending Arrangements. As was true last year, we have been able to engage many more volunteers as they serve in so many ways. This has allowed us to continue to exceed our goals this year in the number of parents and children served. D) We are using the Protective Factors (PF) Screening (we changed to the PF -2 — an updated version with parents at intake with SFFC and at specific intervals (based on hosting or FF arrangements) and are now able to have real data to show on paper what we have seen anecdotally. E) Our breath and depth of our collaborations has continued to increase in IRC and has allowed us to serve families more holistically. This is very exciting because no one can do this work alone and families tend to need long term help to stabilize. Sunshine Physical Therapy Clinic Early Therapy Intervention Grant amount: $20,000 Funds used: $20,000 Total children served: 8 unduplicated children, 364 visits total Cost per child $2,500, $55.00 per visit Focus Area: Early Childhood Development Program Description: The Sunshine Kids Program provides multi -disciplinary rehabilitation services in physical, occupational and speech therapies to children with disabilities due to injury, disease or birth defects. Children enrolled in this program have developmental issues, insufficient insurance coverage, or enrolled in a Medicaid Managed Care program leaving them with limited access to providers of rehabilitation services in Indian River County. Collaboration: Our Sunshine Kids team works together collaboratively: physical, occupational, and speech therapists meet daily discussing our children's goals, progress and carryover from the therapy setting into the outside world. For the period October 2021 through September 2022, we served 8 unduplicated children for a total of 364 visits. Breaking it down further, there were 7 unduplicated children receiving physical therapy for a total of 212 visits. We served 3 unduplicated children receiving 73 visits for occupational therapy. For speech therapy we served 3 unduplicated children for a total of 79 visits. We utilized the full $20,000 in grant money to serve these beautiful children. OUTCOME #1: Early Childhood Development Physical Therapy: Improve scoring on standardized testing by 1 percentile for age for 75% of children receiving physical therapy services. Standardized tools are utilized in pediatric therapy services, to determine initial, interim and discharge status. Common tools utilized in physical therapy include the Peabody Developmental Motor Scales and the Bruininks-Oseretsky Test of Motor Proficiency. JB: Patient is a 12 -year-old boy who presents with toe walking and Gross Motor Delay. He decreased toe walking by 25% and improved in Gross Motor Skills, from the 7th percentile to the 12th percentile and from the 6th percentile to the 311t percentile of the population on the BOT -2, when compared to his peers. He has also achieved 56% of some of his Long -Term Goals. He maintained his ankle passive range of motion of 6 degrees on the right and 10 degrees on the left. AV: Patient is a 5 -year-old boy who presents with decreased muscle tone and Gross Motor Delay. He improved from the 11t to the 5th percentile of the population on the PDMS -2, when compared to his peers. He is now able to walk downstairs alternating feet, jump down 24 inches, hold standing on one leg for up to 5 seconds. Patient can demonstrate a more normal run with good push off and arm swing and trunk rotation. He can also catch a medium ball consistently as well. He has achieved SO% of some of his Long -Term Goals. Em KM: Patient is a 4 -year-old girl who presents with decreased muscle tone and Gross Motor delay. She improved from the 1st to the 5th percentile of the population on the PDMS -2, when compared to her peers. She is now able to walk up and downstairs placing both feet on the same step, is able to stand on one foot for a couple of seconds, and walk on a line for 8 feet only stepping off once. She can also walk backwards and sideways for about 10 ft. She achieved 75% of some of her Long -Term Goals. LM: Patient is a 2 -year-old boy who presents with torticollis, low muscle tone, and Gross Motor Delay. He no longer has issues with torticollis and his neck is now aligned with the rest of his body. He scored on the 10th percentile of the population when compared to his peers, according to the PDMS -2. He walks as a mean of locomotion 75% the time and has begun to play with his older sister. He can go up and down stairs holding onto a therapist's finger. He can throw a tennis ball forward and make contact with the ball with his feet when kicking while standing. He achieved 15% of his Long -Term Goals. DB: Patient is a 9 -year-old boy who presents with Level V quadriplegia due to Cerebral Palsy and severe seizures. He has significant deformities and musculoskeletal problems, he needs intervention to prevent further loss of range of motion, prevent pain, prevent skin breakdown, and to optimize breathing and digestive alignments. The neurologist suggested spinal surgery, but they are waiting for him to gain some weight to be able to tolerate the procedure. It is very difficult to place the patient in a lot of positions due to his hip dysplasia, spinal deformity, and shoulder dysplasia. Daniel now has some head control when in prone over the peanut ball and seated with support. He was discharged due to his mother having a high-risk pregnancy and thus not able to transport him to the Clinic. After the baby was born, he returned to therapy. However, he was discharged again due to new severe health complications and transportation issues. We ordered him an adapted wheelchair, car seat and bath tub to improve posture and prevent further health complications as well as provided guidance to the family for home exercise programs and for home therapy services. Patient achieved 25% of his LTG. HD: Patient is a 6 -year-old boy with autism and delayed Milestones. We have been focused on his overall balance and strength associated with hypotonia along with gait and running mechanics. In late 2021, he scored in the 4th percentile on the PDMS -2 compared to his peers and eventually improved to the 5th percentile. Once he turned 6 years of age he transitioned to the BOT -2 standardized test which also tests motor proficiency compared to his peers. With the help of skilled PT services, he scored in the 1211 percentile on body coordination and 16th percentile on strength and agility subsets of the test. Overall, he is showing less of a delay or deficit when compared to his peers. WH: Patient is a seven-year-old boy with epileptic spasm, musculoskeletal system issues, convulsions, and delayed milestones. He has also been diagnosed with a very rare genetic syndrome called STXBPI, the syndrome is characterized for a specific protein playing a role in neurotransmitters and associated to infantile epileptic encephalopathy. Patient has a complex motor disability due to ataxia, low tone along with cognitive impairment. In the past year his mother reported that she has seen good improvement in her son's improved gait, balance and coordination. He has also made improvement on safety awareness to prevent injuries. Patient improved his gross motor skills according to the standardized test known as the GMFM. He improved his percentile from 39% to 47% in the past year. Outcome #2: Early Childhood Development Occupational Therapy. Improve scoring on standardized testing by 1 percentile for age for 75% of children receiving occupational therapy services. Standardized tools are utilized in occupational therapy services, to determine initial, interim and discharge status. Common tools utilized in occupational therapy include: Peabody Developmental Motor Scales and the Bruin inks-Oseretsky Test of Motor Proficiency. WH: Patient is a 7 -year-old boy with a diagnosis of a very rare genetic syndrome associated with infantile epileptic encephalopathy. He has delays in fine motor, visual motor, and self-care skills. He has improved his grasping skills. Results from the PDMS -2, which is a standardized assessment, placed him at an age equivalent of 7 months in the area of grasping in early 2022. Results from his latest evaluation in Sept. 2022 placed him at an age equivalent of 9 months in the area of grasping, indicating an improvement. He has met approximately 40% of his long- term goal related to grasping. Patient can now demonstrate the ability to independently utilize a pincer grasp when finger -feeding. He is able to pick up a cube utilizing a three -jaw chuck grasp, as opposed to an immature fisted grasp. His ability to utilize utensils slowly continues to improve, and he is now able to scoop with a spoon with moderate assistance. Patient's ability to voluntarily grasp and release objects has also improved. He is now able to release objects into the therapist's hand on command approximately 35% of the time. Patient has made significant gains in self-feeding abilities since starting therapy services and will continue to benefit from further therapy to facilitate progression of his fine motor and visual motor skills. AL: Patient is a 5 -year-old male with a diagnosis of Autism Spectrum Disorder, ODD, and difficulty with emotional regulation. Results from his most recent evaluation, conducted in July 2022 indicate improvements compared to his prior evaluation, conducted in Jan. 2022. Adrian has met approximately 60% of LTG's. Scores from the PDMS -2, which is a standardized assessment, demonstrate a 2 -3 -point increase in each subtest including Object Manipulation, Grasping, and Visual Motor Integration. In the areas of Object Manipulation and Grasping he improved from the 5th percentile rank to the 9th percentile rank. In the area of Visual Motor Integration, he improved from the 16th percentile rank to the 25th percentile rank. Patient is able to copy a circle, build block steps, button and unbutton a shirt, and catch and throw a large ball with 2 hands approximately 75% of the time. He also improved in his self-regulation abilities. AV: Patient is a 5 -year-old boy with a diagnosis of Developmental Delays. He was referred to OT due to delays in fine motor, visual -motor, sensory processing, and attention skills. Results from his most recent evaluation conducted in Sept. 2022 indicates improvements in skills. Due to age and increased self-regulation, patient was finally able to participate in BOT -2 testing, which is a standardized assessment for children aged 4-21. This was his first time being administered this assessment. In the area of Fine Manual Control, he scored in the 16th percentile rank. Patient has met 60% of his long-term goal for grasping. He is now able to grasp a marker with his thumb and pad of index finger 80% of the time. He is also able to independently unbutton medium sized buttons. His self-regulation abilities also continue to 187 improve. Patient has met 85% of his long-term goal related to sensory processing and he is able to attend to tasks for at least 5-10 minutes with minimal redirection 80% of the time. OUTCOME #3: Early Childhood Development Speech Therapy. Improve scoring on standardized testing by 1 percentile for age for 75% of children receiving speech therapy services. Standardized tools are utilized in pediatric therapy services, to determine initial, interim and discharge status. Common tools utilized in speech therapy include the Goldman-Fristoe Test of Articulation and the Preschool Language Scale - 5th edition. AV: Patient is a 5 -year-old boy with a diagnosis of speech disorder, feeding difficulties, and social pragmatic communication disorder, secondary to ADHD. Patient has now achieved and maintained all of his feeding long-term and short-term goals. He is able to tolerate a variety of textures of foods at this time with no aversions and no signs or symptoms of aspiration or penetration observed throughout trials. Patient has also met and maintained mastery of his speech goals, producing I -blends and s -blends, and is able to produce all age-appropriate speech sounds in connected, conversational speech at this time. In early fall of 2022, patient was administered the Goldman Fristoe Test of Articulation, Third Edition (GFTA-3) which is a standardized test which assesses speech/articulation skills, and he received a standard score of 92 on the Sounds -in -Sentences subtest, which indicates he is now in the average range for his speech/articulation skills. He has also demonstrated improvement in the area of pragmatic language. Additionally, in this past year he has demonstrated improvement in his ability to monitor his voice volume and rate of speech, and can now independently recognize when he is too loud or speaking too fast about 25% of the time. Patient has also shown improvement in answering conversational questions without cueing and redirection required for him to stay on topic/task, which he can now do about 50% of the time. He has demonstrated improvement in active listening skills, and can attend to age-appropriate stories for about 5 minutes. WH: Patient is a 7 -year-old boy with a diagnosis of mixed receptive -expressive language disorder, secondary to epilepsy. In short, this means that he has difficulties with both the understanding of language and with his use of language. Patient has been working to use a combination of symbol cards, simple voice output devices and modified sign language/gestures to communicate his wants and needs. He requires consistent prompting and cues to facilitate his communication, however he has shown an increase in independence activating single -switch AAC devices to indicate preference and requests. Patient has improved his discrimination of single switch AAC devices to 20% and is able to independently activate the switch given prompts and an increased wait time from the clinician. This is a great improvement for him as he used to require hand -over -hand support for activation of switches. Now he has more frequent independent selections and is developing independence in this skill. Patient also improved his engagement throughout sessions, demonstrated by consistent eye gaze and joint attention, especially during preferred songs and finger -plays. He has also maintained his accuracy in following familiar commands given gestures in the therapy setting at 35% accuracy, with decreased prompts and cues required for participation. It should be noted that patient does have a seizure disorder and has experienced occasional seizures, which can hinder his progress towards his communication goals. Despite these significant ongoing challenges patient has demonstrated improvement in both his WR engagement and independence which are both important skills/steps to develop his communication of basic wants and needs. AL: Patient is a 5 -year-old boy with a diagnosis of mixed expressive -receptive language disorder and phonological disorder (difficulty producing specific speech sounds), secondary to autism and behavioral issues. These diagnoses make it difficult for patient to express his want/needs, understanding directions, and difficulty being understood by peers and adults. Unfortunately, patient was discharged from our clinic due to behavioral concerns and difficulty with scheduling because of his issues. Patient instead started Behavioral Therapy services as it was determined that should be the priority at this time. Patient's adverse behaviors negatively impacted his progress in the speech therapy setting. He had though maintained his progress toward his long-term expressive language goal at 80%. He did demonstrate mastery of his short-term expressive language goals, including sorting objects into categories, increasing MLU (mean length of utterance) to 4+ (meaning that patient can use a 4 -5 -word sentences/phrases to express his wants and needs), and answering comprehension questions from a presented story. Patient demonstrated a slight decrease toward his progress of his phonological goals, including production of various target phonemes, consonant blends and final consonants in words, due in part to increased unexpected behaviors and lack of compliance in therapy sessions. His accuracy level in this area at the time of discharge was 40%. Moonshot Families Early Learning Programs Family Connection Centers in Gifford & Fellsmere Grant amount: $55,000 Funds used: $55,000 Total children/families served: 402 Focus Area: Building Parent Capacity Program Description: Moonshot Families' Family Connection Centers serve as a clearinghouse, connector, and advocate in Gifford and Fellsmere, and present a much-needed response to the unacceptable condition of kindergarten readiness rates. Formerly known as KRC, the name TLA's Moonshot Families Early Learning program resonates with clients and better reflects our mission of engaging with families to build early literacy skills in their children. After conducting several focus groups, we learned that the name "Kindergarten Readiness" was not something with which parents identified. Particularly parents of young children. For many caregivers, Kindergarten feels too far in the future when they are trying to survive day to day. With built-in flexibility, families know that Moonshot Families' team is highly accessible. Follow-ups, check - ins, and touchpoints are conducted in ways that are convenient and comfortable for each parent including: phone calls, text messages, Facebook Messenger, and home visits. Additionally, families stop by the office, have conversations with staff after church, at the grocery store, or neighborhood parties. Given the impact of COVID and the need to keep our children and families safe, we have continued to provide "learning kits" with activities that help children practice literacy skills at home to prepare them for Kindergarten. Program Focus: Moonshot Families services focus on the building blocks of kindergarten readiness which include social -emotional, cognitive, communication, adaptive learning, and physical and well being. Services also include assessing children for developmental milestones, making referrals for remediation services, and connecting families to partner agencies that support our communities. We are over the moon excited to share all the positive updates regarding our 0-5 programming and the full integration of TLA's Moonshot Families. Shanti Sanchez, Moonshot Families (MSF) Manager, along with the MSF team, Community Outreach, and Rocket teams have been very busy over the last several months. Updates include: • Implementing "Moonshot Mondays" every Monday at childcare centers and schools • Weekly (every Tuesday) Moonshot Families Team meetings • Attending weekly community events to reach more families; including, Downtown Fridays every last Friday of the month • Developed and are in the distribution process of our Fall Learning Kits and Starter Learning Kits • Filmed Learning Kit Tutorial videos demonstrating how families can best use the materials and activities [click here to view these videosl • Created immersive. "read. talk. alay. sine. create" themed videos that eo alone with our monthly RTPSC calendars [click here to take you to our RTPSC playlistl 190 O September's RTPSC Calendar: • September 2022 =' Moonshot Families s nest Lead the Way rM vmWoy. and e. .—t T !4'IM7*FM4wM�iy�Ml�4wrl�Mrr►..r..-.....,...,�r..r.A. . � es�b•+owiwryiAiw,, 111wI�Ni/�rwrdlY�s s;,ro a.m. , 1YiL11h)^«endrarwMlrawWylle��f O IMl+�pbM� .. 1br.o•.r N;apte�ly.Ni�emaotdrati Mom < t wMh Ino.vrw+i, fly an/N�F d,IMinead�Y. ... .. -:�.Ayo..oh+r�rliN�Whrlwrn�trri.. .YOU �yw0 re�aa� wo►2MrWani Mpaq GI00811 dwd*— .. .,. r+x. AilmrraMfw,a�iwMr canm,.+;rr. rhwe on moor nays ga�llgy��l�r. moi,nH. u ti 'e�,�w`' •, as a,.a,. e- • Composed and recorded our own "Read, Talk, Play, Sing, Create" jingle [Click here to listen to our iinglel • Migration of Former KRC Website into TLA site - www.thelearningalliance.org/families • Hired two Community Connection Center Specialists: Yomaira Lagos and Theresa Pickett. Goal: Build Parent Capacity - Increase trusted relationships with 210 families by responding to the current local demands within our Family Connection Centers in Fellsmere and Gifford during the 2021/2022 program year. Outcome: As we continue to strengthen our new Moonshot Families branding, our team has developed a three -tiered systematic approach to better reach and support families. • Tier 1: Raise broad awareness of TLA's Moonshot Families through community -wide campaigns that communicate the importance of Reading, Talking, Playing, Singing and Creating with your child to build early literacy skills. Leverages community outreach and rocket programming assets for maximum impact. • Tier 2: Support for families looks like special events and parenting classes taking place at Connection Centers and other locations targeting families with children 0-5 in underserved communities. • Tier 3: Families are deeply supported by Connection Center Specialists to build strong home literacy environments. Registered MSFs demonstrate a commitment to engage regularly in early literacy activities as evidenced by participating in MSF programming, sharing and posting activities via social media, and allows TLA to document and share their stories, activities, and success. 191 Our Moonshot Families Team has continued to dedicate their work to serving families in underserved communities; specifically Gifford and Fellsmere. Previously, KRC separated Gifford and Fellsmere as two separate entities, while our current team has combined their efforts to focus on both communities as one. This merge has strengthened our efforts to meet families throughout Indian River County as a whole, and has allowed us to develop deeper relationships with folks across the board. Shanti, Yomaira, Theresa and Moonshot the Puppet fly out to family -friendly events every week to deliver exciting and immersive activities to children and families. We have curated "read, talk, play, sing, create" activities such as treasure hunts, kindness boxes, and more that connect with our demographic of 0-5 year olds. Data: In May of this year, Moonshot Families took on the responsibility of reimagining how we use our Salesforce database. This process includes our team developing a simpler and easier way of registering families via Google Forms and inputting these registrations into our database. Through this, we are able to increase our genuine connections within our communities. These connections include touchpoints such as phone calls, office visits, community events and emails. • Touchpoints O Phone Calls: 95 O Emails:675 O Office Visits: 6 O Community Events: 20 N"awr 0 A: p p ..: N0 00 lw:: a 0 :26. P!0 urasMoomwafts-NwrMra ; mieewNfoMruol-Ni1/yMMrMAMMM ......................... _ s. W�1101lAtIIpM•rrwwwrr.r+arr.��o�r'. Collaboration: Moonshot Families collaborates with over 20 organizations including: PreK providers, Child Care Resource Center, SDIRC VPK classrooms, Healthy Start, Early Learning Coalition, 211 Help Me Grow, Head Start, etc. Because Moonshot Families acts as a connector to resources, these collaborations are essential. 192 The Learning Alliance Moonshot Academy Grant amount: $200,000 Funds used $200,000 Total children served in 2021-2022: 425 unduplicated clients Focus Area: Quality Remediation and Enrichment Program Program Description: Moonshot Academy is a multi -faceted enriched literacy afterschool and summer program that provides remediation, additional time for mastery of academic content for struggling students, and enrichment that connects learning concepts. Collaboration: We collaborate with District administration, school-based administration, literacy coaches, and teachers to design and implement targeted instruction to remediate students' deficits and apply their learning to real-world concepts. We collaborate on curriculum development, implementation, and delivery. Implementation is looked at carefully with onsite managers to ensure effective program delivery. We meet regularly to reflect on data and make adjustments as needed. Furthermore, in collaboration with community partners such as Ballet Vero Beach, ORCA, the IRC Stormwater Division, and Vero Beach Museum, we bring hands-on, real-life experiences to the students in Moonshot Academy. Goal 1: Increase reading proficiency in students that are currently in the lower 50th percentile, according to iReady assessments. Summer 2022: • Served 170 1st - 3rd graders from 7 campuses • Trained and supported 53 staff members • Delivered 30 hours of intensive small -group instruction (reading and writing) • Provided experiential learning collaborating with four community partners (field trips and campus visits) • Delivered 12+ hours of training including 90 minute weekly seminars with Liz Remington and Kim Oglethorpe to program tutors, so they could learn how to be prescriptive and diagnostic with their students. Fall 2022: • Added 1 campus in the Fall - bringing MSA to a total of 7 campuses • launched on 4 campuses September 20th • Will launch on 3 additional campuses, October 11th • Serving 220 students for Fall session • Adding a position, Coordinator/Supervisor of Coaching, to recruit, train and oversee the coaches who are responsible for delivery of the Sonday reading intervention (Currentlyjob sharing this position as we search for someone with the appropriate skill set) Goal 2: Improve comprehension, vocabulary acquisition, and foundational literacy skills according to program assessments. Result: Foundational literacy skills improved as evidenced by pre and post -data for the evidence - based reading intervention, Sonday. For the summer session 1st, 2nd, and 3rd grades improved 4, 5, and 6 levels, respectively, in the Sonday reading system. This is dramatic growth for such a short period of time. • 1st grade moved from scoring 52% to 87% on pre/post vocabulary assessments • 2nd grade moved from scoring 53% to 85% on content knowledge assessments • 3rd grade moved from scoring 48% to 89% on content knowledge assessments Goal 3: Improve students' executive functioning skills according to the program's SEL assessment conducted at the beginning and end of the session. Result: MSA students continue to grow their self-confidence, love of reading and perseverance through the robust curriculum provided by Moonshot Academy. For the school year, using a 5 -question teacher -reported survey which measures perseverance, empathy and self-efficacy, students improved, on average, by .8 points on a 5 -point Likert scale. 194 The Learning Alliance Moonshot Reading Rocket Grant amount: $40,000 Funds used: $40,000 Total children served: 2,366 Focus Area: Early Childhood Development; Quality Remediation and Enrichment Program; Building Parent Capacity Program Description: The Moonshot Moment Reading Rocket is a mobile literacy vehicle creating customized enriched -literacy experiences for children and families in Indian River County. The Reading Rocket collaborates with several different community organizations and is a visible symbol of our community's collective commitment to the Moonshot Moment goal, across our entire county. Creating literate, compassionate, and creative citizens who can improve our world is at the heart to the Reading Rocket's mission. Components completed as of 6/30/22 — 9/30/22: Since our first Moonshot Reading Rocket engagement in October 2016, The Learning Alliance has held over 1,400+ duplicated and non - duplicated literacy engagements for students, teachers, community partners, and children with families. Schools, early learning centers, communities, and MCAN partners throughout Indian River County have been impacted by the Reading Rocket's literacy and social -emotional engagements in support of our collective reading goals and Moonshot Moment movement. Collaboration: As a collectively owned symbol of our community collaboration and commitment to the Moonshot Moment literacy goal, the Reading Rocket has inspired unprecedented collaboration between Indian River County service agencies. Some partnerships include: • The School District of Indian River County • Big Brothers Big Sisters • Literacy Services of IRC • Boys and Girls Club • Independently owned preschools • Vero Beach Museum of Art • Fellsmere Police Department • Vero Beach Police Department • Sebastian Police Department • Indian River County Sheriff's Department • Gifford Youth Achievement Center • Environmental Learning Center • Kindergarten Readiness Collaborative • Fellsmere Action Community Team • Childcare Resources of Indian River • McKee Botanical Garden • Indian River County Library System • Ocean Research & Conservation Assoc. • Redlands Christian Migrant Association • Campaign for Grade Level Reading • Indian River County Headstarts • 21St Century Community Learning • Dasie Hope • Churches • Treasure Coast Community Health • Ballet Vero Beach • Healthy Start • United Against Poverty (UP) • Team Success • Moonshot Academy • Operation Hope (Fellsmere) • Gifford Historic Museum 195 Outcome #1: Provide access to enriched literacy experiences for children and families in Indian River County. The Moonshot Reading Rocket has delivered over 1,400+ duplicated and non -duplicated engagements to build awareness of our literacy goals and to provide enriched literacy engagements for children and families. Enriched literacy integrates foundational, applied and social -emotional learning to help support the development of the whole child. Moonshot Rocket 4th Quarter Summary • The Rocket and Moonshot Families provided community -building and literacy activities for families attending Black Vendor Day at the Gifford Historic Museum. • The Rocket participated in Sebastian's 4th of July parade. • Bridget visited the summer VPK classes at Vero Beach Elementary, Treasure Coast Elementary, and Annie Mae's Preschool in Fellsmere to promote the Read -Talk -Play -Sing - Create initiative with Moonshot Families. • The Rocket provided an arts -literacy engagement for families attending the fishing tournament held at Laporte Farms. • The Rocket facilitated a movement and literacy engagement for kids attending Vero Beach Karate's summer camp, promoting the importance of summer learning. • The Rocket supported VBE's outreach to families in Pemberly Pines, building community and school relationships. • The Rocket provided arts -literacy activities for families attending the Back to School Family Fun Day at Laporte Farms. • The Rocket & Moonshot Families distributed resources to families attending Annie Mae's preschool in Grant Park, promoting the Read -Talk -Play -Sing -Create initiative and "parents as first teachers". • The Rocket provided arts -literacy activities for children attending a back to school event at the Orangewood Apartments in Gifford. • Bridget & Moonshot Families promoted our Read -Talk -Play -Sing -Create initiative and "parents as first teachers" with families attending Open House at Dodgertown Elementary School. • In partnership with Superintendent Dr. Moore, Bridget is facilitating a family engagement activity monthly for every elementary school in the district. The engagement is called "Hear My Hope - Voices of Our Families". In the activity, Bridget gives parents/care givers the opportunity to share their hopes and dreams for their children, lifting their own voices. This sets the stage for Dr. Moore to share the positive gains being made in schools through the county. • The Rocket attended the dedication event for the Jimmy Graves Sports Complex along with other community members and non-profit organizations. • In collaboration with SDIRC, the Rocket provided a literacy activity and free books to children attending the "free admittance" day at the Environmental Learning Center. • The Rocket collected "Hopes" from families attending the Open House at Vero Beach Elementary. This is a community -building activity promoting relationships between schools and families. • Bridget is working with community leaders and organization to promote TLA's Read -Talk - Play -Sing -Create initiative and "parents as first teachers" throughout Indian River County. (On-going) • The Rocket & Moonshot Families set up a community literacy space with a variety of activities for families attending "Gifford Fun Day" at Gifford Historic Museum, along with our Moonshot Reading Captains network led by Margaret Ingrum. • Bridget & Moonshot Families have created "Moonshot Mondays" where families receive Read -Talk -Play -Sing -Create resources at every SDIRC VPK. This will be expanded to include EOC Headstarts and other early learning centers. • The Rocket & Moonshot Families are collaborating with SDIRC and Mainstreet Vero Beach to provide a family area at the monthly Downtown Friday events. This helps promote the importance of early learning, kindergarten readiness, and 3rd grade reading proficiency for IRC families. The Learning Alliance's Puppet Project Our TLA puppets has gained a new member, Laguna! She will be a Spanish speaking puppet and used broadly from the Moonshot Families Connection Center. Moonshot, Bob, Purple, and Laguna are an on-going working entity of the Moonshot Reading Rocket. The QR codes below will direct you to some of our many TLA puppet videos including our newest ones featuring Moonshot Families manager, Shanti Sanchez. ❑ �❑ ❑ ti❑ 13 .13 y' s Ffi • y °' ��.�'�T .13 Moonshot Families Activities Thank you for the generous support you have given to make the Moonshot Reading Rocket such a success in Indian River County. Please contact Bridget Lyons if you would like to view more examples of our work, and if you have any questions or feedback. Thank you, again. 197 The Learning Alliance Early Learning Programs Prevention Intervention Specialist Grant amount: $53,000 Funds used: $53,000 Total children served: 422 unduplicated clients Focus Area: Early Childhood Development Program Description: The Early Learning Programs Prevention Intervention Specialist aims to facilitate the development of Executive Functioning skills among the school district's Voluntary Pre -K Program students. These competencies which are developed in early childhood are critical to students arriving at Kindergarten ready to learn. The Early Learning Programs Prevention Intervention Specialist plays an essential role in promoting strategies across schools which foster a positive school climate that supports students' emotional needs. The Prevention Intervention Specialist provides direct support to school leaders, teachers, and staff on social -emotional learning programming, including standards, curriculum, assessment, and professional development. Collaboration: The Early Learning Programs Prevention Intervention Specialist collaborates with the school district's Office of Early Learning to support 18 Voluntary PreK/ESE Classrooms. This includes on-site leadership, students, teachers, teacher assistants, and families. The Prevention Intervention Specialist also supports additional classrooms located at other Pre -K providers to ensure that as many students as possible are receiving quality programming that meets their needs. Furthermore, the Learning Alliance's Moonshot Families Manager and Connection Specialists are collaborating with the VPK Prevention Intervention Specialist to engage families and support literacy and social emotional learning at home. Goal 1: Create and implement a parent engagement protocol focused on SEL and literacy development through a professional learning community led by the Pre -K Prevention Intervention Specialist. Result: The Early Learning Programs Prevention Intervention Specialist engages with families and facilitates collaboration among teachers and teacher assistants in the following ways: • Monthly meetings with teachers on campus to address needs and offer help in supporting teachers and students • Monthly meetings with teacher assistants on campus to address needs and help them in supporting their classrooms and their teachers • Weekly collaborative planning sessions with all teachers via zoom • Collaborate with Moonshot Families programming (MSF) to engage with parents through visiting all VPK campuses 4 times per year to hand out Learning Kits supporting literacy and social emotional development at home. • "SEL-ebrations," a monthly newsletter goes home to all families with tips on how to support their children at home and information on what is happening in the Classroom. Goal 2: Identify a research -informed universal screening measure for Pre -K students and use it to assess baseline SEL skills and monitor development related to executive functioning competencies. Teachers, with coaching and supervision from the Prevention Intervention Specialist, will complete assessments for at least 85% of students to establish a baseline and monitor the impact of initiatives. Result: The universal screener, E-DECA (Devereux Early Childhood Assessment for preschoolers) was purchased along with the necessary materials for successful implementation. Baseline assessments were completed in February and end of year assessments were completed in May. Results were positive even though the pre assessment was more of a mid -year assessment. In the coming school year students will be assessed in the Fall, Winter and Spring. k1. PROTECTIVE FAC1 W ALL STRENGTH TYPICAL NEED I STRENGTH TYPICAL NEED PRETEST I POSTTEST Goal 3: Assess teacher fidelity to the CASEL (Collaborative for Academic and Social -Emotional Learning) SEL framework using classroom -based observations and lesson plan reviews. Evidence of implementation of Tier 1 SEL programming and practices including the use of CASEL's 3 Signature practices, Second Step, Conscious Discipline, and Frog Street. Explicit SEL instruction and integrated SEL instruction through literacy lessons will be 80% or greater by the end of ASY 21-22, and data will inform goals for the subsequent school year. Result: Using the DECA Reflective Checklist for Teaching Practices, the Prevention Intervention Specialist monitors teacher growth and competencies around SEL practices. The form has been converted to a digital, anonymous survey tool. It was administered in April 2022. Accompanying the Reflective Checklist is a comprehensive guide with strategies to address areas where a teacher may be weak. Data from the survey is used to drive coaching, support, and professional development. 199 USE DAILY ROUTINES AS TIMES TO INTERACT WITH CHILDREN AND SUPPORT LEARNING PLAN FOR SMOOTH TRANSITIONS Not Yet ■ Sometimes ■ Almost Always 200 Tykes & Teens, Inc. Alternative To Out of School Suspension (ALTOSS) Grant amount: $45,000.00 Funds used: $31,935.50 Total children served (unduplicated): 286 students total (2021-2022 academic school year) Cost per child: $624.11 Focus Area: Programs that address risky youth behavior Program Description: The Alternative to Out of School Suspension provides a supervised activity for middle and high school youth who have been suspended from school. While suspended, youth will be provided with the instruction to complete missing schoolwork and the skills to learn how to prevent future suspension by addressing the root cause of the suspension. At the end of the school day, there will be a service opportunity for participating youth to support our community, as the community is supporting them in this initiative. Collaboration: Indian River County School District Goal 1: 85% of participants will have no new subsequent suspensions related to their first suspension within the current academic year. Result: Of the students who have repeated ALTOSS during this quarter (17 students of 63), 58% have not repeated for the same reason. 286 students completed the program this school year. Of the students who completed the program, 197 (or 68%) students did not repeat the program for the some reason. There is insufficient data for 34 students who either transferred to an alternative learning environment or transferred to a school outside of the district (unable to gather discipline data.) Of students that have available data (n=252) there were 78% of students that did not receive repeat suspension. Goal 2: 85% of student who complete the program will increase knowledge related to area of suspension based on results from their exit survey. Result: Upon completion of the program students complete an anonymous survey. This quarter, 56 students completed the exit survey. 87.5% of students reported positive learning outcomes. During the entire academic year, 208 students completed the exit survey and 93% of students who completed the survey reported that they increased knowledge in some area relating to socioemotional skills. (Insufficient data for 78 students who did not complete the survey, this may be due to leaving early on their final day, or not attending the final day they were referred) Goal 3: 65% of student who participate in our program will NOT receive a second suspension during the remaining school year. Result: Measures of students repeat suspension through the year after coming to ALTOSS was 201 gathered. Of the 286 students who completed the program during this academic year, 57% did not have any repeat discipline offenses. When removing students who had insufficient data (34 students with no data) 64.6% of students did not receive repeat suspensions after attending ALTO55. 202 Tykes & Teens, Inc. Infant Mental Health (IMH) Grant amount: $97,000 Funds used: $97,000 Total children served (unduplicated): 51 Cost per child: $1,902 Focus Area: Early Childhood Development; Building Parent Capacity Program Description: To provide infant mental health services to children (ages 0-5) and their families. Infant Mental Health utilizes an evidenced based practice called Child Parent Psychotherapy (CPP). CPP is a dyadic treatment model that works with the infant and their primary caregiver. A developmental assessment as well as trauma history of the child and the primary caregiver's history is collected. This model recognizes how trauma plays a role in the child's development and attachment. Through teaching the primary caregiver the meaning of behavior, enhancing safety and learning emotional regulation skills, the child will be able to gain a normal developmental trajectory. This means the child will be able to learn, socialize adequately and manage their feelings to be a productive student in school and in life. Goal 1: 80% of clients who complete the program will improve level of functioning by scoring a minimum of 70 on the Child's Global Assessment of Functioning (CGAF) or Parent -Infant Relationships Global Assessment of Functioning Scale (PIR -GAS). Result: Cumulatively, 23 of 32 clients who completed the program met this outcome (i.e., 72%). During the last quarter, 19 clients were discharged: of these, 15 met outcome (79%). Note: More clients were discharged in the last quarter (19) than during the previous quarters (7, 3, and 3) which appears impacted by a staff member who discharged any clients being served that no longer required services upon their upcoming Maternity Leave (effective 9/21/22). Goal 2: 85% of clients will successfully complete treatment, as evidenced by the client having met all treatment plan goals and/or the closure being viewed as successful by the therapist or family, as reported in the Discharge Summary. Result: Cumulatively, 25 of 32 clients who completed the program met this outcome (i.e., 78%). Goal 3: 75% of clients ages 2 months to 60 months, will score below 50 in the Ages & Stages Questionnaire: Social -Emotional (ASQ:SE) upon discharge. 203 Result: Cumulatively, 17 of 32 clients who completed the program met this outcome (i.e., 53%). It is important to note that the "range of risk" in scoring ASQ-SE is dependent of the physical age of the child and age -range in which each individual ASQ-SE indicates (e.g., a 60 month ASQ-SE may have a different range of risk than a 2 month ASQ). Therefore, a score of 50 or below does not take into account the specified "range of risk" that often ranges from a score of 60 to 70. Goal 4: 95% of childcare staff will score 80 or higher in the Trauma Informed Care practices post-test at the end of the follow-up session. Result: Cumulatively, 94 of 95 Childcare staff who participated in the Trauma Informed Care training series met this outcome, i.e., 94%. The series was held during the first quarter, therefore, no additional data was reported during the last 3 quarters. 204 MEMORANDUM TO: Children's Services Advisory Committee Indian River County, Florida FROM: The Young Journalist SUBJECT: 2021-2022 Annual Report DATE: October 29, 2022 Dear Committee members: We have a very exciting story to tell. With your support, we have grown significantly from a year ago. As a SDIRC Community partner, we have well established ourselves as a professional provider of a journalism program for after school academic enrichment. As we enter the 2022-2023 academic year our enrollment has increased from 47 to roughly 133 students. We have increased the number of SDIRC schools we serve to 12, adding Pelican, Treasure Coast and Glendale elementary schools. We have found an exceptionable group of mentors, who visit schools weekly. Please visit www.theyoungournalist.com for a profile on our mentors. Each are dedicated to their own school. During the 2021-2022 academic year we published two voluminous booklets of each of our student's articles and introduced broadcast journalism by filming the students giving their own news broadcast. According to the New York Times, "Across the country educators report an increase in student hesitation about 205 Children's Services Advisory Committee November 29, 2022 Page Two public speaking, whether in the classroom or on stage. Coaches are re -teaching skills like eye contact and voice projection." All our students take turns reading aloud from the curriculum during every class. During the last year we better defined what we do. Essentially, we mentor students on reading, reading comprehension and writing sentences. There has been little research on writing — and practically none of it has focused on teaching students to write sentences. Difficulty understanding how to write sentences can be a major obstacle to comprehension. Additionally, the foundation of our program is expository writing. It is writing that exposes facts. In other words, its writing that explains and educates its readers, rather than entertaining or attempting to persuade them. We appreciate your continued support. 206 A Weird bear for Journalism Note: These three students wanted to write this article on their own with no prompting. By Abigail Carter, Ernesto Garcia and Titto Harvey So, in 2021 we had a multitude of challenges, (like the new door locking system, the fact that they use the room we use way more often, and the fact that they don't clean up afterwards. This just to name a few challenges). People were less and less likely to become journalists, and one girl dropped out because of the inconvenience. But the few who stayed learned something. This is how it went down. (The class itself wasn't weird just other stuff affecting the class.) 207 Abigail: At the beginning of this year, I thought I wouldn't learn as much as I really did. With Covid everything was harder. Plus being the only girl out of all of us, things just got harder. When I did work things out, I learned a lot more and now I am writing other things like stories, private chapter books, and so much more. All of this has brought me to this point where I am working with others than just myself. Having met Ernesto, Titto, and Matthew, we all moved from not talking to each other at all to all working together to write our most special article yet. And with the lock down a few years ago, we were so lucky we got to do this. Titto: M At the beginning of this what I found most unusual was the people. Ernesto was okay, I guess. Matthew was weird, and Abigail, was just, Abigail. But later it gradually became okay. We even had a little fun. But people got too wild and made us end up in an all for one, and one for all situations. There came new journalists that I had not seen before just to make things harder, and this stuff became harder to learn with all the people around me. Things got even harder with Covid. But really, the worst part was the amount of stuff people before us would leave (and other people in the room at the same time). Honestly, it was weird knowing some kid before us was doing some wacky stuff on the computer. But still, I had a lot of fun. Ernesto: What I found weird about this class is that I had to write, because I didn't like to write. But now, I feel better about it. This year I learned a lot such as gonzo journalism, yellow journalism, etc. I also learned how to write an article and that helped the most out of everything I learned this year because I had to write ALOT of them and it just felt most beneficial. This class made me feel smarter and reading aloud made me a better reader. In Conclusion In conclusion, we had a lot of fun during this journalism class, even if things were weird. 209 Liberty Magnet third, fourth and fifth graders. 210 Willis Sports Association, Inc. Reviving Baseball in Inner Cities League & Fun At Bat Program Grant amount: $27,000 Funds used: $27,000 Total unduplicated children served: 403 Cost per child: $67.00 Focus Area: Quality Remediation And Enrichment Program Program Description: Willis Sport Association, Inc. - Vero Beach RBI/Fun at Bat programs are designed to engage minorities and disadvantages in the sports of baseball and softball. Our programs provides opportunities for physical activity, social and emotional growth and development, community engagement, and personal responsibility in the classroom as well as on the baseball/softball diamond. Collaboration: Major League Baseball, USA Baseball, Franklin Sports, SHAPE America, Jackie Robinson Training Complex, 21st Century Afterschool Program, Extended Day Program of the School District of Indian River County, Dasie Hope Center, Gifford Youth Little League, Fellsmere Elementary, Treasure Coast Elementary, and Sebastian River Elementary. Outcome # 1: Children will actively participate in sports or physical activities. 85% of children will spend at least five hours a week participating in a sport or physical activities as measured by survey tools. Result: 100% of Fun at Bat/R81 participants engaged in the sport of baseball and/or physical activities for the last quarter of the academic school year. (2nd semester). Currently 100% of the Spring and early summer season children and youth spent at least five hours a week participating in baseball practice, games, and team sports/physical activities. Outcome # 2: Children and youth will develop skills that will help them now and in the future. 70% of children and youth will perform on grade and/or show positive gains in their knowledge and awareness of positive behaviors and decisions as measured by survey tools and school reporting. Result: 98% of Fun at Bat/R81 participants performed on grade level and/or showed positive gains in their knowledge and self-awareness of positive behaviors and decisions as measured by the 2"d semester. Outcome #3: Students will attend school regularly and not be involved with the juvenile justice system. 85% of students will have 8 or less unexcused absences from school and will not be processed by the juvenile justice system (arrested or detained) as measured by parent reporting and school administrator reporting. 211 Result: 88% of Fun at Bat/R81 participants had 8 or less unexcused absences from school and 100% of Fun at Bat/R81 participants was not processed by the juvenile justice system (arrested or detained) as measured by parent reporting and/or report cards. Outcome # 4: BASIC (Baseball Academic Instructional Course) summer participants will improve in content areas of math and reading according to the STAR system. 65% of students will show gains in math and/or reading over a week course as measured by STAR assessments. Result: 47% of summer program participants reading scores increased according to the STAR assessment while math resulted in a 33% gain over the four week period. 212 Youth Guidance Mentoring Academy The Mentoring Academy Grant amount: $26,523 Funds used: $26,523 (100%) Total children served (Year -to -Date): 173 children Cost per child: $153.31 Focus Area: Quality Remediation and Enrichment Program Program Description: Youth Guidance Mentoring Academy provides life skills, vocational training, healthy meals, and academic support for students (ages 5-24) from low-income households. All programs and meals are offered to families free of charge. Our services are delivered through two components: 1. Group mentoring— We operate 12-15 activity groups per week in eight-week semesters (five semesters each year) with approximately 10-12 children per group. Each group is led by a staff member (titled Group Leader) and is comprised of volunteer mentors and children. We strive for a 1:4 mentor -to -student ratio. Group mentoring occurs Monday through Friday after school and during the summer. We also have occasional community service projects on weekends. Activities include: Life skills, vocational training, tutoring, recreational activities, and STEAM (science, technology, engineering, arts, and math). Children also receive a healthy dinner as part of the program through our partnership with The Source. 2. One -to -One Mentoring — Children are assigned a mentor who agrees to a one-year commitment to meet with that student a minimum of 2.5 hours per week. One-on-one mentors provide an extra level of guidance and support. They help the children improve behavior and academics and introduce them to fun activities within the community. Numbers of Students Served: The Mentoring Academy served 173 youth ages 5-24 from October 1, 2021 to September 30, 2022. This is an increase of 15% increase over the prior year. Notably, in the last quarterly report, we mistakenly indicated that we served 208 youth in the first three quarters. This number was incorrect and should have been 161. The 208 students served reflected our 12 -month total as of the report submission deadline of 7.15.22. We sincerely apologize for this error, and this is our effort to be 100% transparent with the grants committee. Summer Camp Program Lineup — May 31St to July 29th -STEM (Science, technology, engineering, math): We partnered with Carm Miranda, a local educator, to teach students about electricity, currents, computer chips, and renewable energy sources through hands-on projects. This quarter, the Vero Beach Amateur Radio Club visited our kids and taught them about radio signals and communicating using Morse code and radios. 213 -Equestrian: We partnered with Sherwood Farms to host an equestrian program this semester. The children learned how to ride horses and care for them. -Coastal Connections: The kids met local ocean conservation experts from Coastal Connections and learned about sea turtles, environmental preservation. -Environmental Learning Center: Our middle school girls travelled to ELC to learn about robotics, STEM, and the importance of environmental sustainability. - Arts and Crafts: The kids tie dyed shirts, created fun art projects, and learned pottery with Indian River Clay. - Farming & Agriculture: The teens travelled to C -B Farms to learn how to care for animals, harvest honey from a beehive, compost, plant crops, and much more in our farming program. -Recreational Activities and Field Trips: Field trips and recreational activities include: Boat rides at Captain Hiram's, paddleboarding and surfing with Paddles by the Sea, nature walks, park visits, Skate Factory, and field trips to Gifford Aquatic Center and the beach. Fall Program Lineup —August loth to October 7th -Tutoring: Children received homework help and tutoring daily from 2:00 p.m. to 5:00 p.m. We picked students up from local middle schools and added several elementary schools. -Pathfinders: Our teen leadership group participated in community service projects and educational workshops. They participated in a beach cleanup on International Coastal Cleanup Day on Saturday, September 16th with Keep Indian River Beautiful and Coastal Connections. -Pre-Apprenticeship: We started the second year of our pre -apprenticeship on Tuesday, October 11th. Currently we have 18 students enrolled. They have learned how to use basic tools and have already received their first certification (OSHA safety certification). Our pre - apprenticeship is the only program of its kind in Indian River County. Students ages 16-24 learn 5 trades (HVAC, welding, carpentry, and electric) and graduate with up to 6 professional certifications. -Woodworking: For their woodworking project this semester, our teenagers built and painted a large cubby out of wood. We are using the cubby to store student backpacks. It is now on display in our front lobby. -STEAM (Science, technology, engineering, arts, math): Children participated in engaging STEAM programs, including pottery, science experiments, math games, and more. -Vocational Training: Vocational training programs this semester included: bicycle repair with Bike Walk Indian River County and a new web design programs where students learned how to create their own websites using the online platform, Wix. -Life Skills: We offered gardening, Hispanic cooking at Community Church, sewing, and photography this semester. Collaboration: Programs this quarter were made possible by collaborations with the following: local Exchange Clubs, the Indian River County School District, Florida Training Services, Bike Walk Indian River County, Captain Hiram's, Paddles By the Sea, Sherwood Farms, the Environmental Learning Center, Indian River Clay, the Vero Beach Amateur Radio Club, The Source, Keep Indian River County Beautiful, and Coastal Connections. 214 Goal #1: Increase to 94% the number of children ages 10 through 18 who possess at least three of the following Developmental Assets: 1. Boundaries & Expectations; 2. Empowerment; 3. Constructive Use of Time; and 4. Positive Values, for children enrolled in the Mentoring Academy, as measured by the Developmental Assets Profile (a standardized test for measuring the number of assets a child has). Outcome: 85.5% of children in the Mentoring Academy are currently building at least 3 assets. For the fiscal year 2021-2022, the average was 90.1%. Goal #2: Increase the number of economically disadvantaged children in grades 9 to 12 who stay in school, get promoted or graduate High School to a rate above the 2019 state measure of 87% as measured by continued enrollment in school, and eligibility for promotion to their next grade (or graduation), during the 2021-2022 school year. Outcome: 99% of children graduated high school on time or were promoted to the next grade level during the 2021-22 school year, as measured by report card and promotion -level data collected through our partnership with the Indian River County School District. Goal #3: Increase the minimum amount of time a child spends in the Mentoring Academy to 6.0 hours per week over a 48 -week period annually. Outcome: Youth Guidance students averaged 8.0 hours each week for fiscal year 2021-2022. 215 ?m O1t110' INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Recreation Date: April 4, 2023 To: The Honorable Board of County Commissioners Through: Michael Zito, Interim County Administrator From: Beth Powell, Interim General Services Director / Parks and Recreation Director Subject: Approval of a License Agreement with Nerija of Vero Beach SDA Company for use of the Intergenerational Recreation Center for Church Services DESCRIPTION AND CONDITIONS: Nerija of Vero Beach SDA Company is an established Seventh -day Adventist church, 501(c)3 non- profit organization, that hosts church services in Vero Beach, Florida. Pastor Garry Pierre approached Staff at the iG Center seeking a site to hosts services as the lease on their existing location is expiring and cannot be renewed. After a tour of the iG, Pastor Pierre felt the facility would be the perfect place for his congregation until a permanent building becomes available. The proposed License Agreement is based on the non-profit rental fee consistent with a reduced pricing structure. The License Agreement's term is for one calendar year beginning April 22, 2023 through April 13, 2024. It includes use of Rooms 112 A for 4 hours and 112 B for 1.5 hours on Saturdays only (exact dates specified in the License Agreement). The non-profit rate of $56.25 per hour was used to calculate the room cost for a total of $17,053.13, plus a $150 refundable damage deposit, for a grand total of $17,203.13. Sixty (60) chairs are included in the License Agreement at no cost to the Applicant. IG staff set up, break down, and cleaning of the room is included at a reduced rate of $25 per day due to the minimal set up and no food or drinks being consumed during their use. Payment for the use of the facility has been modified for this License Agreement to be paid on the first day of each month for the current month. A current IRS 501(c)(3) letter of designation has been received. The License Agreement requires that the County be named as additional insured on the Applicant's insurance policy which has been received, reviewed, and approved by the County's Risk Manager. Additionally, the County has reserved seven (7) Saturdays for special events and County holidays when the room rental will not be available or they may be moved to another location. FUNDING There are no funding requirements or obligations to the County as this program is operating within normal business hours. Revenue for all contracted dates is projected at $17,203.13 given no cancellations are required. RECOMMENDATION Staff respectfully recommends the Indian River County Board of County Commissioners accept the License Agreement with Nerija of Vero Beach SDA Company, and authorize the Chairman to execute the agreement after review by the County Attorney for legal sufficiency. 216 ATTACHMENT: Indian River County iG License Agreement dated April 4, 2023 — Nerija of Vero Beach SDA Company. Approved Agenda Item for Ayri118, 2023 217 INDIAN RIVER COUNTY 1G LICENSE AGREEMENT License Preparation 4/4/2023 Date: (Excluding six Saturdays & Dec. 23, 2023) Contact Name: Nerija Of Vero Beach SDA Organization: Company Address: 1644 27' Ave City/State/Zip Code: Vero Beach, FL 32960 Name of Event: Worship Service Event Time: 9:00am-1:00pm (112A) Date/Time: 9:30am-11:00am (112 B) Load -In Date/rime: n/a WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Indian River County Intergenerational Recreation Center and Event Venue, located in Indian River County, Florida, (the "iG Center"); and WHEREAS, the County has the authority to issue and/or execute, and Nerija of Vero Beach SDA Company (the "Applicant") desires the issuance and/or execution of, a permit/agreement for the utilization of the iG Center, which Applicant has inspected and hereby acknowledges to be sufficient for its intended purpose and/or use contemplated hereunder; and WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in the State of Florida and Indian River County, Florida and has or will obtain and maintain the proper certification, licensure, insurance, permits and all other requirements pursuant to federal, state and local laws, statutes, ordinances, rules and regulations necessary to conduct any and all activities contemplated herein, and to satisfactorily perform its obligations as herein required; and WHEREAS, the Applicant acknowledges that the use of the iG Center is subject to and expressly conditioned by section 205.04 (Permits) and section 205.09 (Sale and consumption of alcoholic beverages at designated recreational facilities), of the Indian River County Code of Ordinances, if applicable at the time of the License Duration, which are hereby incorporated by reference when applicable; NOW, THEREFORE, for and in consideration of the use of the iG Center and other valuable consideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual covenants herein contained, the parties, as indicated by their authorized representatives' signatures below, hereby agree to the terms and conditions set forth herein: iG License Agreement Page I of 20 Initials 218 Saturday April 22, 2023 April 13, 2024 License Duration: (Excluding six Saturdays & Dec. 23, 2023) Contact Name: Garry Pierre Phone: 954-639-3564 or 561-502-4471 E -Mail: pastorgpierre@gmail.com Expected 55 Attendance: Load -Out n/a Date/Time: WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Indian River County Intergenerational Recreation Center and Event Venue, located in Indian River County, Florida, (the "iG Center"); and WHEREAS, the County has the authority to issue and/or execute, and Nerija of Vero Beach SDA Company (the "Applicant") desires the issuance and/or execution of, a permit/agreement for the utilization of the iG Center, which Applicant has inspected and hereby acknowledges to be sufficient for its intended purpose and/or use contemplated hereunder; and WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in the State of Florida and Indian River County, Florida and has or will obtain and maintain the proper certification, licensure, insurance, permits and all other requirements pursuant to federal, state and local laws, statutes, ordinances, rules and regulations necessary to conduct any and all activities contemplated herein, and to satisfactorily perform its obligations as herein required; and WHEREAS, the Applicant acknowledges that the use of the iG Center is subject to and expressly conditioned by section 205.04 (Permits) and section 205.09 (Sale and consumption of alcoholic beverages at designated recreational facilities), of the Indian River County Code of Ordinances, if applicable at the time of the License Duration, which are hereby incorporated by reference when applicable; NOW, THEREFORE, for and in consideration of the use of the iG Center and other valuable consideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual covenants herein contained, the parties, as indicated by their authorized representatives' signatures below, hereby agree to the terms and conditions set forth herein: iG License Agreement Page I of 20 Initials 218 A. PARK, PREMISES & EVENT SCHEDULE: This Indian River County iG Center License Agreement ("License Agreement") applies to all events for the use of the iG Center. The areas, personnel and facilities of the iG Center which Applicant may apply for a permit, license, or use hereunder are more particularly described as (the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder. I. Facilities & II. Amenities (Reference Exhibit A & Exhibit B) III. Personnel ✓ iG Event Staff IV. Permits RENTAL AGREEMENT SUBTOTAL: $ 17,053.13 6.5% TAX: Exempt RENTAL AGREEMENT COST: $ 17,053.13 *REFUNDABLE DAMAGE DEPOSIT: $ 150.00 *Fully refundable following event with no additional charges or damage. GRAND TOTAL: $ 17,203.13 **15% DEPOSIT: $ 2,580.47 **Events booked less than 30 days in advance require payment in full at the time of Contract Signing. 2. Applicant may use and have access to the Premises for a period, commencing Saturdays on the dates defined below between the hours of 9:OOam and ending at 1:OOpm in Room 112 A and 9:30am and ending at I1:OOam in Room 112 B, ("License Duration"), which License Duration shall include Event set-up, removal and clean-up. Where the Applicant requires usage after the stipulated time, Applicant is required to pay additional charges including, but not limited to standard hourly/daily rates and any overage fees as set forth in the iG Fee Schedule attached as Exhibit B ("Fee Schedule"). Dates included in License Agreement: April 2023: 22, 29. May 2023: 6, 13, 20, 27. June 2023: 3,10,17, 24. July 2023: 1, 8, 15, 22 & 29 August 2023: 5, 12, 19 & 26. September 2023: 2, 9, 16, 23 & 30. October 2023: 7, 14, 21 & 28. November 2023: 4, 11, 18 & 25. December 2023: 2, 9, 16 & 30. January 2024: 6, 13, 20 & 27. February 2024: 3,10,17 & 24. March 2024: 2, 9, 16, 23 & 30. April 2024: 6, 13. iG License Agreement Page 2 of 20 Initials 219 B. AUTHORIZED USE, TERMS & CONDITIONS: 1. The Premises are to be used by Applicant for the Worship Service (the "Event"). (a) The Event may include the following activities: Preaching, singing and worship. (b) The hours of the Event shall be: 9:00am-1:00pm on Saturdays listed above in 112 A and 9:30am-11:00am in 112 B on Saturday listed above. (c) The Event shall be used for no other purpose whatsoever, unless prior written approval is requested in writing by Applicant and given by the County which approval shall be subject to availability but not be unreasonably withheld, conditioned, or delayed so long as such request is submitted at least 90 days prior to the beginning of the License Duration. Such change may result in a modification of the insurance requirements set forth in B. 16. 2. Except as set forth in section 33 below the County reserves the right to exclude up to seven dates within the duration of this License Agreement for facility use agreements. "The iG Center will be closed on December 23, 2023, and thus is not included as part of the License Duration." (a) In the event room 112 A and/or B is requested for rental and accommodation can be made, this rental may be moved to another space at no extra cost to the Applicant. (b) The County will provide a minimum 30 -day notice of any cancelled dates or relocations as outlined in 33. (c) The monthly fee will be adjusted based on the hours scheduled for the month. 3. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises the following sums: (a) Rental fee will be $17,053.13, plus any additional charges imposed at the request of the Applicant to be reconciled at the end of License Duration, based on the calculations on the attached Fee Schedule. A minimum of Fifteen Percent (15%) of the entire rental fee, $2,580.47 ("Event Deposit"), is due upon execution of this License Agreement. The balance of the rental fee set forth above and any remaining payments, including any expenses, charges or other fees described in this License Agreement shall be due forty-five (45) days prior to the Event. Any incidental charges or fees not included in this Agreement at the time of execution shall be due within five (5) business days of the conclusion of the Event as described in B. Lb. (b) A Damage Deposit of $150.00 is due thirty (30) days prior to the event rental. The Damage Deposit shall be applied against the fees, costs, expenses, charges and/or delinquent payments described herein, and against any costs of repair or replacement of damages to the iG Center that directly or indirectly result from the Event, whether caused by Applicant or Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors or performers, or others on the Premises at Applicant's direction or invitation. The County's use of the Damage Deposit or any other sum described herein shall in no way constitute a waiver of any other right the County may have at law or equity. The Damage Deposit, to the extent unused, shall be returned to Applicant within thirty (30) business days following the Event. iG License Agreement Page 3 of 20 Initials 220 4. The Applicant shall provide to the County information as to the total ticket sales at 30, 15, 7 and 3 days prior to the Event. The County reserves the right to cap ticket sales depending on the capacity of the Premises and the iG Center or because of law enforcement, sanitation, traffic control or due to other public safety issues. 5. Applicant shall be financially responsible for all charges for all materials, personnel, services and equipment that the county furnishes for the Event. Applicant shall also be financially responsible for all charges for all materials, personnel, services and equipment that are provided by non -county agencies associated with this Event (i.e., stagehands, sound/light companies, ushers). 6. This License Agreement is not a permit. As set forth in sections 205.04 (Permits) and 205.09 (Sale and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the Indian River County Code of Ordinances, the Applicant must obtain the necessary iG Center use permit and alcohol permit, which collectively require the Applicant to timely obtain approvals of plans, including but not limited to, adequate sanitation facilities and sewage disposal, parking facilities, transportation of patrons, adequate medical facilities, adequate security and traffic control. Applicant shall be responsible for all costs associated with such facilities and services. 7. The County shall have the right, after coordination with the Applicant's authorized representative, to determine in its sole discretion the level of County staff necessary to service the facilities during the License Duration. Applicant shall be responsible for all additional costs for County staff and Applicant may request additional staff as needed. 8. Applicant's failure to make any of the payments required hereunder in a timely manner shall constitute a material breach and shall result in the immediate termination of this License Agreement. All fees, costs and expenses, including, without limitation, attorney's fees, incurred by the County in the collection of any payment due hereunder shall be reimbursed by Applicant. 9. Applicant (including all artists, performers, entertainers, sound technicians, employees, and subcontractors of Applicant, and any other participating in the production of the Event) shall comply and ensure compliance with the following during the Event: (a) The hours of event production and sound checks utilizing amplified sound in the iG Center are restricted to: i. Sunday thru Thursdays from 10:00am-6:OOpm with a minimum of one thirty (30) minute intermission. ii. Fridays and Saturdays from 10am-10:59pm with a minimum of one thirty (30) minute intermission. (b) The starting hours listed above may be adjusted to begin earlier upon approval of the County. (c) The location and arrangement of the stages and sounds systems shall be in accordance with the Stage Configuration Map as detailed by Applicant and approved by the County. The preliminary Stage Configuration Map and a Site Plan shall be provided to the County thirty (30) days prior to the Event and a final Stage Configuration Map and Site Plan no less than fifteen (15) days prior to the Event. (d) Sound attenuation blankets or sound walls may be required to be erected at the rear of any temporary stages. Such temporary stage installations shall be installed in such a manner so as to minimize the noise impact on surrounding residential properties. iG License Agreement Page 4 of 20 Initials 221 (e) Applicant shall obtain stage inspection, documentation and certification in accordance with industry standard. Applicant shall provide copies of documentation reflecting certification within 24 hours of Event. Applicant shall also allow the County to inspect the stage construction. Such inspection shall occur no later than 24 hours prior to the Event. Any cost associated by the County's inspection shall be at the sole cost of the County. The County shall make inspector(s) available at a mutually agreeable time. Failure to timely inspect the Stage by the County shall not preclude Applicant from proceeding with the Event. 10. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be voidable by the County at any time during the License Duration. Undisclosed and unpermitted activities shall be subject to cancellation of the Event, and Applicant shall be subject to damages, penalties and other legal and equitable remedies including, but not limited to full payment under this License Agreement. 11. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises without the express prior written consent of the Assistant County Administrator or his/her designee. 12. In the event that the Premises or any other portion of the iG Center are not vacated and cleaned by Applicant at the end of the License Duration, the County is hereby authorized to remove from the Premises or any other portion of the iG Center, at the expense of Applicant, all goods, wares, merchandise and property of any and all kinds and descriptions placed or permitted therein by Applicant and which may be then occupying the same, and County shall not be liable for any damage or loss to such goods, wares, merchandise or other property which may be sustained either by reason of such removal or of the place to which it may be removed. Applicant hereby expressly releases County from any and all such claims for damages of whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at Applicant's expense as to any claims for damages by third parties having interests in such goods, wares, merchandise and property, including costs and attorney's fees. 13. Applicant shall: (i) use and occupy the Premises in a safe and careful manner, including but not limited to properly covering any and all power cords; (ii) comply with all federal, state and local laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes provided above; (iv) not permit the Premises, or any part thereof, to be used for any unlawful purpose or in any manner that may result in or cause harm and/or damage to persons or property; (v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show -bills, lithographs, posters or cards of any description inside or in front of, or on any part of the Premises, except with the prior written consent of County, which consent shall not be unreasonably withheld, conditioned, or delayed; and (vi) deliver to the County the Premises in as good a condition and repair, including all necessary trash or waste removal, as the same shall be found at the beginning of the License Duration. Additionally, Applicant: (a) assumes all costs arising from the use of patented, trademarked or copyrighted materials, equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's expense from all suits, actions, proceedings, damages, costs and expenses in law or equity, including attorney's fees, for or on account of any patented, trademarked or copyrighted materials, equipment, devices, processes or dramatic rights furnished or used by Applicant or its employees, invitees, licensees, contractors, assignees, performers, contestants and exhibitors, in connection herewith. iG License Agreement Page S of 20 Initials 222 (b) shall not alter landscaping, fencing or any permanent structure nor shall there be any obstruction to ingress and egress to and from the Premises without the express written consent by the County. (c) acknowledges that the County shall have the sole right to collect and have the custody of articles left at the Premises by persons attending any Event given or held on the Premises, and Applicant or any person in Applicant's employ shall not collect or interfere with the collection or custody of such articles. (d) acknowledges that the County reserves the right to eject any persons reasonably deemed violent or otherwise dangerous to health, safety and welfare. (e) acknowledges that the County may immediately terminate the Event if the National Weather Service issues a severe weather warning, or imminent severe weather conditions develop in the area indicating a risk to public safety, or a state of emergency has been declared. Applicant hereby waives any rights and all claims for damages against the County that may result from the exercise of the rights reserved herein. i. In the event any part of the iG Center is damaged or unsafe for use to due to a hurricane, fire, water, or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of the Agreement by the County impossible for the event, the County shall refund all fees to the applicant. (f) represents and warrants to the County that Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors and performers by their speech, song, music, conduct or manner will not violate or incite others to violate any statute, law, ordinance, rule, regulation or order of any federal, state, municipal or other governmental authority. 14. The County and its officers, agents and employees engaged in the operation and maintenance of the Premises reserve the right to enter upon and to have free access to the Premises at any and all times, which reservation is hereby acknowledged and agreed to by Applicant. 15. Applicant releases and forfeits any right of action against the County or its members, officials, employees and agents from any liabilities, claims for damages, losses, and costs which arise out of or in connection with the Event and to the fullest extent permitted by law, indemnifies, defends and saves the County and County's members, officials, officers, employees and agents harmless (1) against all liability, claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in any way connected with the Event irrespective of negligence, actual or claimed, upon the part of the County, its agents and employees, except where caused by the willful and wanton acts of County officials, officers, employees and agents, and (2) from all expenses incurred by the County for police protection, fire protection and emergency medical services, restoration and clean up, sanitation and maintenance costs and expenses that are required to preserve public order and protect public health, welfare and safety on the Premises of the Event. 16. At least 30 days prior to the License Duration, the Applicant shall, without limiting Applicant's liability submit certificates of insurance naming "Indian River County, FL" as additional insured and shall: iG License Agreement Page 6 of 20 Initials 223 Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts not less than stated below: Schedule Limits Commercial General Liability — No more restrictive than '$1,000,000 Each Occurrence Combined ISO Form CG0001 (including property damage, personal Single Limit injury, products / comp. ops. agg., premises, operations, and blanket contractual liability, and host liquor liability) , (The County and County's members, officials, officers, employees and agents, shall be named as additional insureds under all of the above Commercial General Liability coverage). In the event the use of motor vehicles is an integral part of the Event (unless a separate ordinance is specifically applicable to the automobiles): Automobile Liability (all automobiles -owned, hired or non - owned) $500,000 Combined Single Limit In the event the Applicant hires employees for the Event or is otherwise required to carry workers' compensation insurance, the Applicant will provide evidence of workers' compensation insurance or exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. Applicant will assume responsibility for Applicant's discretion in confirming that all of the Applicant's contractors or subcontractors engaged in work for the Event have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage: Workers Compensation Including coverage for any appropriate Federal Acts (e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. Employer's Liability Florida Statutory Coverage 1$100,000 Each Accident $500,000 Disease Policy Limit $100,000 Each Employee/Disease In the event that any services or activities of a professional nature are provided, and Risk Management determines the coverage is necessary, pursuant to (k) below: 1 Professional Liability (Errors and Omissions) $1,000,000 Each Occurrence/Claim iG License Agreement Initials Page 7 of 20 224 In the event that children will be supervised in connection with the Event and Risk Management determines the coverage is necessary, pursuant to (k) below: Sexual Molestation Liability 1$1,000,000 Each Occurrence/Claim In the event alcoholic beverages, including beer and wine, will be served, sold, consumed or otherwise allowed at the Event, the entity serving or selling the alcoholic beverages must have the following coverage: Liquor Liability $1,000,000 Combined Single Limit (b) Participants — Except as set forth below, the Applicant shall assume all responsibility for Applicant's discretion in obtaining, if any, insurance from the Event's contributing participants and subcontractors (such as caterers, vendors, production companies, entertainers, sponsors) in the types and amounts necessary to adequately protect the County and the County's members, officials, officers, employees and agents. (c) Primary and Non -Contributory — The Applicant's insurance will apply on a primary basis and will not require contribution from any insurance or self-insurance maintained by the County. (d) Deductibles — The deductibles of the insurance policies applicable to the Event shall be deemed customary and the responsibility of the Applicant and any named insureds. (e) Additional Insured — The Applicant's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Commissioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the Event. (f) Reporting Provision — The Applicant's insurance shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the Applicant shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term. (g) Duration — Notwithstanding anything to the contrary, the Applicant's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages. (h) Sovereign Entities — State and federal agencies eligible for sovereign immunity may submit a statement of self-insurance for liability as allowed by the applicable state or federal statute. Such statement will be acceptable in place of insurance requirements defined herein. (i) Financial Responsibility — Applicant shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better. Applicant must maintain continuation of the required insurance throughout the Event, which includes load -in, setup, tear down, and load -out. iG License Agreement Page 8 of 20 Initials 225 (j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement 30 days prior to the Event Date. Upon written request, the Applicant shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies with this License Agreement's requirements, including, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation, including expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after receipt of written notice by the County from the Applicant or the Applicant's insurance company. (k) Discretionary Authority — Depending upon the nature of any aspect of any event and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured. (1) Applicant is required to immediately notify the County of any incident, accident, occurrences and/or claims made in connection with the Event. 17. Applicants seeking a permit for the sale and consumption of alcoholic beverages per section 205.09 of the Indian River County Code of Ordinances shall submit the purveyor's name no less than 45 days prior to the Event to the County. At least 30 days prior to the Event, the Applicant shall submit copies of the alcohol vendor's required state alcoholic beverage licenses and insurance certificate in accordance with Section B. 17 to the County. 18. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or conditions, including the timely submittal of all documents set forth in Section B, of this License Agreement, the County may terminate this License Agreement and decline to issue any and all permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any other charges hereunder, whether accruing before or after such termination, shall be considered part of and inclusive of the County's damages resulting from Applicant's default. Applicant's default hereunder shall be considered a default of any and all agreements by and between Applicant and the County, and any amounts due Applicant under its other agreements with the County may be used by the County to remedy Applicant's defaults hereunder. Any remedy granted in this License Agreement to County shall be in addition to all other remedies available to County in law or equity, and not exclusive of such remedies. 19. In addition to any other charges set forth in the Fee Schedule, the Applicant shall pay a $250 administrative fee for each modification or addendum to the License Agreement. 20. In the event that the Premises or any part thereof, or adjacent premises required for access thereto, should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent the use of the Premises for the Event, then this License Agreement shall terminate. In such event, the County shall be paid for all items of expense incurred by it under this License Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's control shall include, without limitation, acts of God, floods, earthquakes, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Applicant's control, and thus not falling within this Section 12, iG License Agreement Page 9 of 20 Initials 226 shall include, without limitation, Applicant's financial inability to perform or comply with the terms and conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, and misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees, contractors, or agents. (a) In the event any part of the iG Center is damaged or unsafe for use to due to a hurricane, fire, water, or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of the Agreement by the County impossible for the event, the County shall refund all fees to the applicant. 21. Applicant acknowledges receipt of and agrees to comply with the iG's Rules and Regulations which are attached hereto as Exhibit C and incorporated by reference. 22. Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture, appliances or other property of Applicant or Applicant's employees, invitees, licensees, contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant, and Applicant hereby expressly releases and discharges County from any and all liability for any such loss and agrees to defend, indemnify and hold County harmless from all claims and actions for damages as to such losses, including attorney's fees. 23. County and Applicant retain all television, film, recording and licensing rights as to any Event that takes place in or on the Premises, provided such is permitted within the Artist Contract. County will coordinate such recordings with Applicant's marketing representative. In the event of artist recording restrictions, Applicant shall request the right to allow the County to take generic production and still photographs of the Event. 24. Unless excused by impracticability or impossibility of performance or other lawful contractual defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall appear at the published time or within one hour thereafter. Applicant shall not advertise or permit any advertising that a particular performer will appear for the Event until after a contract for the performer's appearance has been executed and a copy thereof has been provided to the County; otherwise, the County may terminate this License Agreement and cancel the Event. 25. No exception or waiver of any provision of this License Agreement shall be effective unless in writing signed by the Assistant County Administrator. No such waiver shall be held to waive the same provision on a subsequent occasion or be construed to constitute a waiver of any other provision of this License Agreement. This License Agreement contains the entire agreement between the parties, unless modified or amended by a subsequent written agreement executed by the parties. This License Agreement shall be governed by the laws of the State of Florida, and venue for the resolution of disputes hereunder shall be in a court of law in Indian River County, Florida. 26. At least 30 days prior to the Event Date, if applicable, applicant shall submit proof of application for a "Special Events & Tent Sales Inspection Permit'' from the Indian River County Fire Prevention Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section 208.11. 27. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event. iG License Agreement Initials Page 10 of 20 227 28. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. 29. Payment for the use of the facility has been modified for the License Agreement to be paid on the first day of each month for the current month. 30. Animals will not be permitted onto the iG Center property during an event unless they are considered a Service Animal. The Americans with Disabilities Act (ADA) 2010 Regulations define a service animal as "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition." C.F.R. § 35.104 and § 36.104 (2010). This paragraph does not apply to organizations hosting animal events (dog shows/horse shows). Indian River County Code of Ordinances also states: "Dogs prohibited. No dogs are allowed in any park or recreational facility unless specifically posted as allowable by the department. (205.3 paragraph 22). The Promoter/Organization/Renter is wholly responsible for any incidents that occur during the event that involve non -service animals that were allowed on the property during their event. 31. The use of glitter and tape are strictly prohibited. Painter's tape may be used with approval from iG Center Management. The Applicant must use their own equipment and supplies to decorate the rental area(s). 32. Either party hereto may terminate this Agreement without cause at any time, upon at least sixty (60) days notice as outlined below. The County reserves the right, with thirty days' notice to Applicant, to exclude Applicant from using the Premises up to six dates within the License Duration of this License Agreement. When Applicant is excluded from the Premises, the Applicant's use of the Premises will either be cancelled for that date, with the monthly fee adjusted to reflect the cancellation, or if available, relocated to another space at the iG Center at no extra cost to the Applicant. If the fee for the new space is less expensive than the rate for the Premises, the monthly fee will be decreased accordingly. 33. Any notice, request, instruction, demand, consent or other communication required or permitted to be given under this License Agreement shall be in writing and shall be given in writing and delivered by email or US Mail, Certified — Return Receipt Requested, to the following: Indian River County iG Center Parks and Recreation Division Attn: IG Facilities Supervisor 1590 9th Street SW Vero Beach, FL 32962 Email: jchandler@ircgov.com Applicant: Garry Pierre Name: Nerija Of Vero Beach SDA Company Address: 1644 27th Ave, Vero Beach FL 32960-3132 Email: pastorgpierre@gmail.com iG License Agreement Initials Page 11 of 20 228 34. The County reserves the right, with thirty days' notice to Applicant, to exclude Applicant from using the Premises up to six dates within the License Duration of this License Agreement. When Applicant is excluded from the Premises, the Applicant's use of the Premises will either be cancelled for that date, with the monthly fee adjusted to reflect the cancellation, or if available, relocated to another space at the iG Center at no extra cost to the Applicant. If the fee for the new space is less expensive than the rate for the Premises, the monthly fee will be decreased accordingly 35. Applicant acknowledges that the County makes no guarantees to Applicant, express or implied, as to any pecuniary gain that Applicant may have intended to result from the Event. 36. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated herein by this reference. 37. Services Provided by the County: (a) County reserves the right to determine the adequacy of outside services procured by the Application under Section B as a condition of the Permit. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this License Agreement on this day of APPLICANT: By: Signature Printed Name & Title Approved as to form and legal sufficiency: Dylan Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Approved by BCC: 92023. ATTEST: M. Jeffrey R. Smith, Clerk of Court and Comptroller iG License Agreement Page 12 of 20 Initials 229 EXHIBIT A - Intergenerational Center 131-C 00 G 131-B O 131-A 0 GYMNASIUM 141 0 125 O:p MAIN OUTDOOR WATER = ENTRANCE FEATURE �• �- 9 112-A �,~t 112-B PREP KITCHEN GUEST DROP-OFF PARKING AREA Exhibit A- Intergenerational Center iG License Agreement Page 13 of 20 Initials 230 w" 'k EXHIBIT B - Intergenerational Center License Agreement Fees - Nonprofit Nerija Of Vero Beach SDA Company Date(s) of Rental: Event Time: Load In Date/Time: Load Out Date/Time: Estimated # of Participants.• FACILITY Room 112 A Room 112 B Room 125 Room 131 A Room 131 B Room 131 C Room 135 Room 110 (Prep Kitchen) Lobby Room 144 (Concessions) 141.1 TO1ii AI ' I( k Each Saturday April 22, 2023 - April 13, 2024 excludes 12/23/23. 9: 00am-1: 00pm & 9:30am-11: 00am n/a n/a 40+ Room 141 (Gymnasium) $ Veranda $ Courtyard $ East Lawn $ Wiggins Field (West Lawn) $ Hours / Days Total 56.25 x 204 = $ 11,475.00 56.25 x 76.5 = $ 4,303.13 33.75 x = $ - 41.25 x = $ - 41.25 x = $ - 41.25 x = $ - 41.25 x = $ - 15.00 x = $ - 56.25 x = $ - 37.50 x = $ - 93.75 x = $ - 75.00 x = $ - 75.00 x = $ - 187.50 x = $ - 150.00 x = $ - AMENITIES PER EVENT (Equipment) QTY Tables $ 8.00 x = $ - 5 tables are included in the Standard & Nonprofit Rates for all rooms at no additional cost daily daily Chairs $ 0.50 x = $ - 30 chairs are included in the Standard & Nonprofit Rates for all rooms at no additional cost 25 chairs are included at no additional cost with rental of Room 112 A. Gymansium Bleachers, steno.y, tig 300 $ - x = No fee, included in rental Gym Flooring $ 300.00 x = $ - per event Sm. Mobile Bleachers, (1st Day) $ 50.00 x = $ - Sm. Mobile Bleachers, Addl. Days $ 25.00 x = $ - iG License Agreement Initials Page 14 of 20 231 �vEk�oG EXHIBIT B - Intergenerational Center License Agreement Fees - Nonprofit, la ?e H I♦�li Ft 1 ,\VAN 'I�'� 11 �ORNr Proj ector, Inflatable ween w/projector & 2 speakers $ 500.00 x = $ - daily Projector, Inflatable Screen Only $ 300.00 x = $ - daily Media Cart (50" TV & computer) $ 100.00 x = $ - daily 50" TV $ 25.00 x = $ - daily DVD Player $ 15.00 x = $ - daily Bluetooth Sound System $ 75.00 x = $ - daily Sound System, Mobile $ 100.00 x = $ - daily Gymansium Score Board $ 25.00 x = $ - daily Podium $ - x = No fee, included in rental CLEANING FEE Event Cleaning Fee (During Event) iG Event/Rental Usage $ 50.00 x = $ - Gymansium Restrooms $ 100.00 x = $ - Saturday West Wing Restrooms $ 100.00 x = $ - East Wing Restrooms $ 100.00 x = $ - Post Event Set -Up & Tear Down Fee Guests less than 75 $ 25.00 x 51 = $ 1,275.00 Guests between 75 to 150 $ 100.00 x = $ - Guests greater than 150 $ 200.00 x = $ - Post Event Cleaning Fee does not include decorations. Applicant is responsible for items brought in to decorate room/area to include any 3rd parry vendor items (e.g. lighting, sound, tents, etc), plates, cutlery, drinks, linens, slipcovers, balloons, etc. Tables must be cleared prior to Applicant departure. Any 3rd party items left by Applicant's subcontracts or 3rd party vendors past the indicated loadout time indicated in the License Agreement are subject to additional fees. iG License Agreement Page 15 of 20 Initials 232 EXHIBIT B - Intergenerational Center License Agreement Fees - Nonprofit FACILITY / PROPERTY / AMENITITIES / OTHER SUBTOTAL: _ $ 17,053.13 Tax Exempt = Subtotal: = $ 17,053.13 RENTAL AGREEMENT COST = * REFUNDABLE Damage Deposit: = $ 150.00 *Fully refundable following event with no additional charges or damage. GRAND TOTAL: = $ 17,203.13 ** 15% DEPOSIT: = $ 2,580.47 **Events booked less than 30 days in advance requires payment in full in the form of cash or credit card. PAYMENTS Method of Payment Date Notes Amount lst of the month for the Balance Due: month of rental. * Damage deposit refundable with no additional charges and no damage. ** Required to Reserve Room /Area and due upon contract signing. * * * License Duration shall include Event set-up, removal and clean-up. Where the Applicant requires usage after the stipulated time, Applicant is required to pay additional charges including, but not limited to standard hourly/daily rates and any overage fees as set forth in the iG Fee Schedule attached as Exhibit B ("Fee Schedule'). **** For each quarter hour after the applicant will be charged a fee of $50.00 per quarter hour. iG License Agreement Page 16 of 20 Initials 233 EXHIBIT B - Intergenerational Center License Agreement Fees - Nonprofit IG Prepay Reserve 004-223008 IG Room Rental 004034-347300 IG Gym Rental 004034-347301 IG Field Rental (Wiggins Field) 004034-347314 IG Outside Rental (East Lawn, Courtyard, veranda) 004034-347302 IG Equipment Rental 004034-347303 IG Misc. Fees 004034-347311 IG Set Up / Teardown Charge 004034-347310 IG Alcohol % Share 004034-347309 IG Additional Staff 004038-369966 6.5% Sales Tax 004-208028 IG Damage Deposit 004-220038 IG Security Deposit 004-220039 Over/Short 004038-369918 IRC Staff Signature SUBTOTAL Amount $ 15,778.13 $ 1,275.00 $ 150.00 $ 17,203.13 Cash $ - Credit $ - Checks $ - GRAND TOTAL $ - Date iG License Agreement Pagen4f 20 Initials Exhibit C Indian River County Parks & Recreation Department iG Center General Rules & Regulations 1. Scheduling is conducted on a first come, first serve basis for open dates. Reservation dates are only be secured and guaranteed with a minimum 25% Deposit Fee and fully executed license agreement. Staff reserves the option to issue a placeholder agreement along with a minimum 25% Deposit Fee in lieu of a fully executed license agreement which will secure the date pending a due diligence review. Placeholder agreements shall automatically expire 90 days after the issued date and the reservation forfeited unless the Applicant enters into a license agreement. 2. Permits for groups composed of minors will be issued only to adults who accept responsibility for supervising them throughout the period of the permit. 3. Security Plan: A. If applicable, events shall present a security plan to the Indian River County Sheriff's Office, Division of Law Enforcement. Approval and sign off by the Division shall be a condition precedent of the issuance of the Permit/license agreement. B. Assigned Indian River County Sheriff's Deputy(s) must have arresting authority in Indian River County. C. Indian River County in consultation with the Indian River County Sheriff s Office will determine the level of security of sworn law enforcement and emergency services personnel. Indian River County will provide Applicants with the order forms for sworn Indian River County Sheriffs Office and Indian River County Emergency Service Personnel. D. Evidence of sworn law enforcement and emergency service personnel scheduling shall be provided to Indian River County 45 days prior to the Event by means of a paid receipt from said Indian River County Department and Division. 4. All indoor cooking is strictly prohibited. Outdoor cooking, grilling, etc. shall be approved in advance by the Indian River County Intergenerational Recreation Center & Event Venue Management Staff along with a Special Event Permit generated by the Indian River County Fire Department. Indian River County will provide Applicants with the order forms for Special Event Permit. Evidence of Special Event Permit Inspection scheduling shall be provided to Indian River County forty-five (45) days prior to the Event by means of a paid receipt from said Indian River County Department Fire Department. 5. Deposits: A. All buildings and facilities shall be left in the same condition it was received in. An additional cleaning fee shall be deducted from the damage deposit to cover the cost of cleaning/restoring the facilities to their original condition. i. Any and all decorations must be approved prior to installation and removed completely at the conclusion of the event. ii. The Indian River County Intergenerational Recreation Center & Event Venue Management should be left in a broom swept condition and all garbage left in designated location. Client must check in with a staff member prior to departure regarding state of room upon completion of event. iii. Any damage to walls, including debris, dirt, scuff marks, food, etc. shall require a cleaning fee. iv. Any cleaning fee will be deducted out of the Damage Deposit. iG License Agreement Page23r'20 Initials B. A damage deposit depends on number of areas rented and can range from $150.00 to $1,000.00 and is refundable. An inspection of the property is required for every event. Damage Deposit are increased at the sole discretion of Indian River County dependent upon number of attendees and events. 6. Any signage visible from the road in any county right of way requires a permit from the Indian River County Code Enforcement Division prior to placement. 7. No animals are allowed unless assisting the handicapped. 8. Alcohol is strictly prohibited except through the issuance of an Alcohol permit issued by the Parks & Recreation Division. 9. Under no circumstances shall any person remove any equipment or other items from the premises. 10. Facilities shall be restored to their original condition and all activities ceased by at the time referenced in the Agreement. For each quarter hour after the applicant will be charged a fee of $50.00 per quarter hour. 11. Control of all lights, thermostats and other equipment, and the locking and unlocking of doors is the responsibility of the Indian River County Intergenerational Recreation Center & Event Venue Management Staff. Staff should be notified of any special needs of the Applicant. 12. Applicant agrees to hold Indian River County, FL harmless from any and all claims for damages to persons or property resulting from their use of any facility. 13. Applicant agrees to accept facilities "as is." Applicant acknowledges responsibility for conduct of each member / guest attending event. Applicant conducts all events at their own risk. All attendees must abide by Indian River County policies. 14. Insurance: A. Insurance requirements shall be determined at the sole discretion of the Indian River County Risk Manager. B. Certificates of insurance designating "Indian River County, FL" as additional insured shall be presented to Indian River County no less than forty-five (45) days prior to the event. • If event is held at Indian River County Intergenerational Recreation Center & Event Venue Management and less than 30 days to the start of event date, certificates must present at the time of executing license agreement. 15. All activities shall be subject to inspection by Indian River County Offices of Fire Prevention, Health Department, Sheriff's Office, Risk Management, Traffic Control, Solid Waste Disposal District and Florida Department of Business and Professional Regulation. 16. The Event shall be used for no other purpose whatsoever as, unless prior written approval is requested in writing by Applicant and given by Indian River County. Approval shall be subject to availability but not be unreasonably withheld, conditioned, or delayed so long as such request is submitted at least thirty (30) days prior to the beginning of the License Duration. Such change results in a modification of the insurance requirements. 17. Marketing: A. Publicity for an event shall NOT be distributed without an executed license agreement and a minimum of a 25% reservation deposit. B. All promotional pieces must be approved by an Indian River County, prior to distribution. Applicants assumes all risk. 18. Indian River County Intergenerational Recreation Center & Event Venue Management Staff is not responsible for deliveries for any event. Applicant must be present for deliveries and is responsible for securing those deliveries, unless prior written approval is requested in writing by Applicant and given by an Indian River County Intergenerational Recreation Center & Event Venue Management. iG License Agreement Pagen@'20 Initials 19. All motorized vehicles are required to park in the designated uarkina areas only, which include the Main Parking or Joe Wiggins Field, if deemed necessary for your event. There will be no parking of motorized vehicles in or around the facility without prior approval from the Indian River County Intergenerational Recreation Center & Event Venue Management. • Motorized vehicles are limited to ten (10) minutes in the Drop Off Area, unless prior approval from the Indian River County Intergenerational Recreation Center & Event Venue Management. iG License Agreement Page`S?f 20 Initials ACRO® CERTIFICATE OF LIABILITY INSURANCE Date (MM/DD/YYYY) 3/22/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT LIMITS NAME: PHONE FAX A/c No. Ext: Alc No: Adventist Risk Management, Inc. 12501 Old Columbia Pike Silver Spring, MD 20904 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: GENCON INSURANCE COMPANY OF VERMONT 10594 INSURER B: General Conference Corporation of Seventh -day Adventists, et al Florida Conference Association of SDA INSURER C: 351 S State Road 434 INSURER D: INSURER E: Altamonte Springs, FL 32714-3824 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIODIYYYY POLICY EXP MMIDDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS- MADE-7 ADEOCCUR F x] DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000 000 MED EXP (Any oneperson) $ 10,000 X GL300699-08 03/01/2023 03/01/2024 PERSONAL & ADV INJURY $ 1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ N/A PRO - POLICY JECT LOC PRODUCTS-COMP/OP AGG $ N/A $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per Person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE HIRED F NON -OWNED AUTOS ONLY AUTOS ONLY Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER E.L. EACH ACCIDENT $ ANYPROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below LI DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Indian River County, Florida is Additional Insured as respects; liability arising out of the use of premises for Worship Services located at Intergenerational Center, 1590 9th Street SW, Vero Beach, FL, 32962, beginning 04/01/2023 through 03/01/2024 — Sponsored by Nerija of Vero Beach Seventh-Day Adventist Company VCR I IF KIM 1 C nwil-I lCR 1 IVIY Indian River County, Florida 1800 27th Street Vero Beach, FL 32960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 238 Insurance Company of Vermont 126 College Street, Suite 400, Burlington, Vermont 05401 GENCI�I�N (802) 860-1958 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — LESSORS OR PROPERTY MANAGER This endorsement modifies the Commercial General Liability Coverage Part A. Section II — Who is An Insured is amended to include lessors or property manager as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased, hired or otherwise temporarily used by you caused in whole or part by: 1. Your acts or omissions; or 2. The acts or omission of those acting on your behalf; in the performance of your ongoing operations or activities. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. Any occurrence which takes place after you cease to be a tenant in that premises. GICV 727 07 11 ©Adventist Risk Management, Inc. Page2391 Seventh -day Adventist' Church FLO RI DA C ON F E RE N C E March 23, 2023 Re: Nerija of Vero Beach Seventh -day Adventist Company EI N: 82-2059623 To Whom It May Concern: This is to certify that the Nerija of Vero Beach Seventh -day Adventist Company located at 1590 9th St. SW. Vero Beach, FL 32962 is associated with the Florida Conference of Seventh -day Adventists (the lowest legal entity for all such churches and schools) and comes under the 501(c)(3) group exemption filing 1071 of the General Conference of Seventh -day Adventists. Therefore, this church also comes under the same group filing exemption, 1071, of the General Conference of Seventh -day Adventists, headquartered in Silver Springs, Maryland. Although Nerija of Vero Beach Seventh -day Adventist Company utilizes a separate EIN, it is not incorporated and thus will not appear on Sunbiz. Instead, it is operated by the Florida Conference of Seventh -day Adventists. Sincerely, Andrew Elliott, Associate Treasurer Florida Conference of Seventh -day Adventists 351 S. State Road 434, Altamonte Springs, FL 32714 www.floridaconference.com 10/31/22 -- DR -14 a =Consumer's Certificate of Exemption > R. 01/18 Issued Pu1tM�ant to Chilli) '212, 117164h. Statutes FLORIDA 85 80173600180-1 10/31/2022 10/31/2027 501(0)(3) ORGANIZATION certificate Number Effective Date Expiration Date Exemption Category This certifies that NERIJA OF VERO BEACH SDA COMPANY 1644 27TH AVE VERO BEACH FL 32960-3132 is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. Important Information for Exempt Organizations FLORIDA DR -14 R. 01/18 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (F.A.C.). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this renurernent except when they arP the lessor of real property (Rule 12A-1.070, F.A.C.). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. 6. If you have questions about your exemption certificate, please call Taxpayer Services at 850-488-6800. The mailing address is PO Box 6480, Tallahassee, FL 32314-6480. 241 NERIJA OF VERO BEACH SDA COMPANY 351 S STATE ROAD 434 ALTAMONTE SPRINGS FL 32714-3824 018891 IRS Depertrnent vof ethe Treasury ilk =Revenue Service P.O. Box 2508 Cincinnati OH 45201 GENERAL CONFERENCE OF SEVENTH DAY ADVENTIST PARENT ORGANIZATION 12501 OLD COLUMBIA PIKE SILVER SPRING MD 20904-6601 Employer ID number: 52-0643036 Form 990 required: NO Dear Taxpayer: ffCW �47 /av�3 In reply refer to: 0752861031 Jan. 13, 2023 LTR 4168C 0 52-0643036 000000 00 00036501 BODC: TE We're responding to your request dated Dec. 04, 2023, about your tax-exempt status. We issued you a determination letter in January 1950, recognizing you as tax-exempt under Internal Revenue Code (IRC) Section 501(c) (3). We also show you're not a private foundation as defined under IRC Section 509(a) because you're described in IRC Sections 509(a)(1) and 170(b)(1)(A)(i). Donors can deduct contributions they make to you as provided in IRC Section 170. You're also qualified to receive tax deductible bequests, legacies, devises, transfers, or gifts under IRC Sections 2055, 2106, and 2522. In the heading of this letter, we indicated whether you must file an annual information return. If you're required to file a return, you must file one of the following by the 15th day of the 5th month after the end of your annual accounting period: - Form 990, Return of Organization Exempt From Income Tax - Form 990EZ, Short Form Return of Organization Exempt From Income Tax - Form 990-N, Electronic Notice (e -Postcard) for Tax -Exempt Organizations Not Required to File Form 990 or Form 990 -EZ - Form 990 -PF, Return of Private Foundation or Section 4947(a)(1) Trust Treated as Private Foundation According to IRC Section 6033(j), if you don't file a required annual information return or notice for 3 consecutive years, we'll revoke your tax-exempt status on the due date of the 3rd required return or notice. You can get IRS forms or publications you need from our website at www.irs.gov/forms-pubs or by calling 800 -TAX -FORM (800-829-3676). If you have questions, call 877-829-5500 between 8 a.m. and 5 p.m., 243 0752861031 Jan. 13, 2023 LTR 4168C 0 52-0643036 000000 00 00036502 GENERAL CONFERENCE OF SEVENTH DAY ADVENTIST PARENT ORGANIZATION 12501 OLD COLUMBIA PIKE SILVER SPRING MD 20904-6601 local time, Monday through Friday (Alaska and Hawaii follow Pacific time). Thank you for your cooperation. 0 Sincerely yours, Sem, 0. -NI,kb Sheralyn C. Hanks Ops. Manager, AM Ops. 3005 244 W INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Karen Rackard, Interim 911 Coordinator Department of Emergency Services DATE: March 29, 2023 SUBJECT: Approval of Text to 911 Contract with INdigital BACKGROUND: In July of 2014, the State E911 Board voted unanimously to support the deployment of Text to 911 in the state and encouraged every county to begin planning and implementation. On December 5, 2017, the Board of County Commissioners approved upgrades to the County's E911 System, including the necessary infrastructure, to receive Text to 911 services, and approved AK Associates as the sole source vendor for those services. On November 12, 2019, the Board of County Commissioners approved the quote from AK Associates to complete the deployment, utilizing INdigital's platform. DESCRIPTION: In 2022, AK Associates requested the renewal of the Text to 911 services, be purchased directly from the service provider, INdigital. The County requested and received a quote from INdigital, which matches the costs for the services in the 2019 quote obtained by AK Associates. There will be no interruption of service with this change, the only change will be the company the service is billed through. FUNDING: Funding for the Text to 911 project is a budgeted expense and will be derived from the 911 Surcharge/Communications Center/Computer Software, account number 12013325-035120, in the amount of $20,659.34. Account Name Account Number Amount 911 Surcharge/Communications Center/Computer Software 12013325-035120 $20,659.34 245 RECOMMENDATION: Staff recommends the Board approve the INdigital Agreement and authorize the Chairman to execute the agreement ATTACHMENTS: 1. INdigital Agreement 2. Quote 246 9-1-1 SERVICES AND SOFTWARE LICENSE AGREEMENT This 9-1-1 Services and Software License Agreement (this "Agreement"), together with any other documents incorporated into this Agreement by reference (including all Exhibits to this Agreement, including the General Terms and Conditions of Software License, which are attached to this Agreement as Exhibit A , constitute the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. The exhibits, attachments and appendices referred to in this Agreement are incorporated into this Agreement by reference and are an integral part of this Agreement to the same extent as if they were set forth verbatim in this Agreement, and the Parties have read, understand, and agree to all terms and conditions of all such exhibits, attachments, and appendices. Any capitalized terms used, but not defined, below will have the meanings ascribed to them in the General Terms and Conditions of Software License attached to this Agreement as Exhibit A and incorporated into this Agreement by reference in their entirety. 1. Purpose Type of Agreement/Document 2. Parties/ Notices: INdigital: Customer: 3. Effective Date 4. Software 5. Territory 6. Permitted Use Grant of a non-exclusive, non -sub licensable and non -transferable, limited license to use the Software, which shall include any third -party software, necessary or required for the operation of Customer's emergency telephone system in the Territory. ® Original Agreement ❑ Amendment Communications Venture Corporation INdigital, Inc (d/b/a INdigital) ("INdigital") 1616 Directors Row Fort Wayne, IN 46808 Phone: (260) 469-2010 E-mail: contractsna,indi¢ital.net Attention: Contract Administration Indian River County Emergency Services ("Customer" and together with INdigital, the "Parties", and, each, individually, a "Party") Address: 4225 43rd Avenue, Vero Beach, Florida 32967 Phone: 772-226-3943 E-mail: krackard@ircgov.com Contact Person: Karen Rackard 01/12/2023 ("Effective Date"). Software listed and described in Exhibit C attached to, and incorporated by reference into, this Agreement, together with any Maintenance Releases provided to Customer pursuant to this Agreement. Indian River County Florida ("Territory"). Use of the Software by Customer for the purpose of operating an emergency telephone system in the Territory ("Permitted Use"). 247 7. Installation INdigital will deliver and install one (1) copy of the Software to Customer. 8. Maintenance Releases During the Term, INdigital will provide Customer with all Maintenance Releases that INdigital may make generally available to its licensees at no additional charge. 9. License Fee Fee: I See Exhibit D attached to, and incorporated by reference into, this Agreement. If the Term is renewed, Customer will pay the then -current standard license fees that INdigital charges for the Software. 10. Additional Charges See Exhibit D attached to, and incorporated by reference into, this Agreement for a exhibit of additional charges, if any, for installation, training, and acceptance testing services. Customer will also reimburse INdigital for out-of-pocket expenses incurred by INdigital in connection with performing such additional services. 11. Term Initial Term: From Effective Date until five (5) -year anniversary of such date unless terminated earlier pursuant to any of the Agreement's express provisions. Renewal Terms: This Agreement will automatically renew for additional successive twelve (12) -month terms unless earlier terminated pursuant to any of the Agreement's express provisions or either Party gives the other Party written notice of non -renewal at least ninety (90) days prior to the expiration of the then -current term. 12. Exhibits ® Exhibit A —General Terms and Conditions of 9-1-1 Services and Software License (attached to, made part of, and incorporated in its entirety by reference into, this Agreement). ® Exhibit B — Designated Sites ® Exhibit C - Software / Services Description ® Exhibit D — Price List ® Exhibit E — TERMINATION IN REGARDS TO F.S. 287.135 and E -Verify 13. Other Agreements between Parties ❑ Equipment Purchase and Sale Agreement ❑ Support and Maintenance Agreement Name: Holly Peacock 14. Representative This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by e-mail is deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 2 248 CUSTOMER: Indian River County, FL By: Joseph H. Earman, Chairman By: John A. Titkanich, Jr., 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 INDIGITAL INC: COMMUNICATION VENTURE CORPORATION (D/B/A INDIGITAL) Name: Jeff Humbarger Title: CFO Date: 249 EXHIBIT A GENERAL TERMS AND CONDITIONS (9-1-1 SERVICES AND SOFTWARE LICENSE) These General Terms and Conditions for INdigital's 9-1-1 Services and Software License Agreement (the "Terms") supplement the related specific 9-1-1 Services and Software License Agreement (together with these Terms, the "Agreement") between you ("you" or "Customer") and Communications Venture Corporation (d/b/a INdigital), an Indiana corporation ("INdigital"), for the grant by INdigital to you of a license to certain software specified in the Agreement. These Terms will be deemed to be a part of and are hereby incorporated by reference into the Agreement. These Terms prevail over any of Customer's general terms and conditions regardless of whether or when Customer has submitted its request for proposal, order, or such terms. Provision of services, software license, equipment or other products or goods to Customer does not constitute acceptance of any of Customer's terms and conditions and does not serve to modify or amend these Terms. INdigital and you may each individually be referred to as a "Party" and collectively as the "Parties". 1. DEFINITIONS. Capitalized terms used in the Agreement (including these Terms) have the meanings set forth or referred to in this Section 1: 1.1. "Acceptance Testing" has the meaning set forth in Section 4 of these Terms. 1.2. "Action" has the meaning set forth in Section 82(dl of these Terms. 1.3. "Affiliate" of a Person means any other Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such Person. The term "control" (including these Terms "controlled by" and "under common control with") means the direct or indirect power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise. 1.4. "Business Day" means a day other than a Saturday, Sunday or other day on which commercial banks in Fort Wayne, Indiana are authorized or required by Law to be closed for business. 1.5. "Confidential Information" has the meaning set forth in Section 5.1 of these Terms. 1.6. "Controlled Technology" means any software, documentation, technology or other technical data, or any products that include or use any of the foregoing, the export, re-export or release of which to certain jurisdictions or countries is prohibited or requires an export license or other governmental approval, under any Law, including the US Export Administration Act and its associated regulations. 1.7. "Customer" has the meaning set forth in the preamble to these Terms. 1.8. "Designated Sites" means any of Customer's facilities set forth in Exhibit ]I attached to, and incorporated by reference into, the Agreement. 1.9. "Disclosing Party" has the meaning set forth in Section 5.1 of these Terms. 1.10. "Documentation" means any and all manuals, instructions and other documents and materials that INdigital and/or any third -party provides or makes available to Customer in any form or medium which describe the functionality, components, features or requirements of the Software, including any aspect of the installation, configuration, integration, operation, use, support or maintenance thereof. 1.11. "Effective Date" has the meaning set forth in Number 3 of the Agreement. 1.12. "Force Majeure Event" has the meaning set forth in Section 14.1 of these Terms. 1.13. "Indemnitee" has the meaning set forth in Section 11.3 of these Terms. 1.14. "Indemnitor" has the meaning set forth in Section 11.3 of these Terms. 1.15. "INdigital" has the meaning set forth in the preamble to these Terms. 1.16. "INdigital Indemnitee" has the meaning set forth in Section 11.2 of these Terms. 1.17. "Initial Term" has the meaning set forth in Section 9.1 of these Terms. 1.18. "Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, 250 EXHIBIT A GENERAL TERMS AND CONDITIONS (9-1-1 SERVICES AND SOFTWARE LICENSE) trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world. 1.19. "Law" means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree or other requirement or rule of any federal, state, local or foreign government or political subdivision thereof, or any arbitrator, court or tribunal of competent jurisdiction. 1.20. "Loss" means any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys' fees and the costs of enforcing any right to indemnification under the Agreement and the cost of pursuing any insurance providers. 1.21. "Maintenance Release" means any update, upgrade, release or other adaptation or modification of the Software, including any updated Documentation, that INdigital and/or any third party may provide to Customer from time to time during the Term, which may contain, among other things, error corrections, enhancements, improvements or other changes to the user interface, functionality, compatibility, capabilities, performance, efficiency or quality of the Software, but does not include any New Version. 1.22. "New Version" means any new version of the Software may from time to time be introduced and marketed generally as a distinct licensed product (as may be indicated by INdigital's and/or a third party's designation of a new version number), and which INdigital and/or a third party may make available to Customer at an additional cost under a separate written agreement. 1.23. "Parties" has the meaning set forth in the preamble to these Terms. 1.24. "Party" has the meaning set forth in the preamble to these Terms. 1.25. "Payment Failure" has the meaning set forth in Section 9.3(a) of these Terms. 1.26. "Permitted Use" has the meaning set forth in Section 2 of the Agreement. 1.27. "Person" means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association or other entity. 1.28. "Receiving Party" has the meaning set forth in Section 5.1 of these Terms. 1.29. "Renewal Term" has the meaning set forth in Section 9.2 of these Terms. 1.30. "Representatives" means, with respect to a Party, that Party's employees, officers, directors, consultants, agents, independent contractors, service providers, sub licensees, subcontractors and legal advisors. 1.31. "Software" means the software listed in Exhibit C attached to, and incorporated by reference into, the Agreement, together with any Maintenance Releases provided to Customer pursuant to this Agreement. 1.32. "Term" has the meaning set forth in Section 9.2 of these Terms. 1.33. "Territory" has the meaning set forth in Number 5 of the Agreement. 1.34. "Third -Party Materials" means materials and information, in any form or medium, that are not proprietary to INdigital, including any third -party: (a) documents, data, content or specifications; (b) software, hardware or other products, facilities, equipment or devices; and (c) accessories, components, parts or features of any of the foregoing. 1.35. "Warranty Period" has the meaning set forth in Section 10.2 of these Terms. NIFF(WRT" 2.1. License Grant. Subject to the terms and conditions of the Agreement (including these Terms) and INdigital's rights under any third -party agreements relating to the Software, and conditioned on Customer's and its Affiliates' and Representatives' compliance therewith, INdigital hereby grants to Customer a non-exclusive, non -sub 251 I W4:1113V al GENERAL TERMS AND CONDITIONS (9-1-1 SERVICES AND SOFTWARE LICENSE) licensable and non -transferable, limited license and sublicense (to the extent allowed by any third -party agreements) to use the Software and Documentation solely for the Permitted Use in the Territory during the Term. 2.2. Scope of Licensed Access and Use. Customer may use and run one copy of the Software on Customer's network at any of the Designated Site(s). The total number of Designated Site(s) shall not exceed the number set forth under the Agreement (including these Terms), except as expressly agreed to in writing by the Parties and subject to any appropriate adjustment of the license fees payable under the Agreement. 3. USE RESTRICTIONS. Except as the Agreement (including these Terms) expressly permits, Customer shall not, and shall not permit any other Person to: (a) copy the Software, in whole or in part; (b) modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of any Software; (c) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Software to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service; (d) reverse engineer, disassemble, decompile, decode or adapt the Software, or otherwise attempt to derive or gain access to the source code of the Software, in whole or in part; (e) bypass or breach any security device or protection used for or contained in the Software or Documentation; (f) remove, delete, efface, alter, obscure, translate, combine, supplement or otherwise change any trademarks, terms of the Documentation, warranties, disclaimers, or Intellectual Property Rights, proprietary rights or other symbols, notices, marks or serial numbers on or relating to any copy of the Software or Documentation; (g) use the Software in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any Person, or that violates any applicable Law; (h) use the Software for purposes of: (i) benchmarking or competitive analysis of the Software; (ii) developing, using or providing a competing software product or service; or (iii) any other purpose that is to INdigital's detriment or commercial disadvantage; (i) use the Software in or in connection with the design, construction, maintenance, operation or use of any hazardous environments, systems or applications, any safety response systems or other safety -critical applications, or any other use or application in which the use or failure of the Software could lead to personal injury or severe physical or property damage; or 0) use the Software or Documentation other than for the Permitted Use or in any manner or for any purpose or application not expressly permitted by the Agreement (including these Terms). 4. DELIVERY AND INSTALLATION. INdigital shall deliver and install one (1) copy of the Software to Customer. Risk of loss of any tangible media on which the Software is delivered shall pass to Customer on delivery. 4.1. Acceptance. Customer will test whether the Software operates in accordance with the Documentation ("Acceptance Testing") pursuant to the terms of this Section 4. Upon completion of the Software installation, Customer shall have fourteen (14) days to test the Software and notify INdigital in writing of any defect or deficiency. If the initial Acceptance Testing fails, INdigital shall, within fifteen (15) days of the Acceptance Testing and at its cost, correct the errors so disclosed and Customer may repeat the Acceptance Testing. If the subsequent Acceptance Testing fails, and such failure does not arise from or relate to any failure or defect of Customer's or any third -party's product, service, hardware, software, system or network, INdigital shall, within fifteen (15) days of the subsequent Acceptance Testing, at its cost, correct the errors so disclosed and Customer may again repeat the Acceptance Testing. If the subsequent Acceptance Testing fails two (2) or more times, Customer may terminate the Agreement (including these Terms) on written notice to INdigital. On termination, INdigital shall refund all license fees paid by Customer under the Agreement (including these Terms) within thirty (30) days of receipt of such notice, and such refund shall be Customer's sole and exclusive remedy for any unresolved Acceptance Testing failures. In any event, Customer shall be deemed to have accepted the Software if. (a) the Acceptance Testing is certified by Customer to be successful; or (b) Customer commences operational use of the Software. 252 EXIBBIT A GENERAL TERMS AND CONDITIONS (9-1-1 SERVICES AND SOFTWARE LICENSE) 4.2 MAINTENANCE AND SUPPORT. During the Term, INdigital: (i) will use commercially reasonable efforts to resolve any Incidents reported by Customer; (ii) may provide training services to Customer on Customer's request, at INdigital's standard hourly rates then in effect, and the terms and conditions of the Agreement (including these Terms) will govern the provision of any training services delivered by INdigital to Customer; and (iii) will provide Customer with all Maintenance Releases under the terms and conditions set forth in the Software License Agreement. INdigital has the sole right to determine, in its discretion: (a) what constitutes an Incident; and (b) when an Incident is deemed to be resolved. An "Incident", as used herein and throughout these Terms, means a support request that begins when Customer contacts INdigital to report a specific Error and ends when INdigital either: (a) resolves the Error; or (b) determines in its sole and absolute discretion that the Error cannot be resolved. INdigital will use commercially reasonable efforts to resolve an Incident, but does not guarantee that any Incident will be resolved. As set forth above, during the Term, INdigital will provide Customer with all Maintenance Releases (including updated Documentation) that INdigital may, in its sole discretion, make generally available to its licensees at no additional charge. All Maintenance Releases, being provided by INdigital to Customer under the Agreement, are deemed Software subject to all applicable terms and conditions in the Agreement (including these Terms). As part of the support and maintenance to be provided by INdigital to Customer, Customer will install all Maintenance Releases as soon as practicable after receipt. Customer does not have any right under the Agreement to receive any New Versions of the Software that INdigital or any third -party software provider may, in its sole discretion, release from time to time. Customer may license any New Version at INdigital's then -current list price and subject to a separate license agreement, provided that Customer is in compliance with the terms and conditions of the Agreement (including these Terms). 5. CONFIDENTIALITY. 5.1. Confidential Information. In connection with the Agreement each Party (as the "Disclosing Party") may disclose or make available to the other Party (as the "Receiving Party") Confidential Information. Subject to Section 5.2 of these Terms, "Confidential Information" means information in any form or medium (whether oral, written, electronic or other) that the Disclosing Party considers confidential or proprietary, including information consisting of or relating to the Disclosing Party's technology, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, and information with respect to which the Disclosing Party has contractual or other confidentiality obligations, whether or not marked, designated or otherwise identified as "confidential". Without limiting the foregoing: (a) the Software and Documentation are the Confidential Information of INdigital; and (b) the financial terms of the Agreement (including these Terms) are the Confidential Information of INdigital. 5.2. Exclusions and Exceptions. Confidential Information does not include information that the Receiving Party can demonstrate by written or other documentary records: (a) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information's being disclosed or made available to the Receiving Party in connection with the Agreement (including these Terms); (b) was or becomes generally known by the public other than by the Receiving Party's or any of its Representatives' noncompliance with the Agreement (including these Terms); (c) was or is received by the Receiving Party on a non -confidential basis from a third party that was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (d) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information. 5.3. Protection of Confidential Information. As a condition to being provided with any disclosure of or access to Confidential Information, the Receiving Party shall: (a) not access or use Confidential Information other than as necessary to exercise its rights or perform its obligations under and in accordance with the Agreement (including these Terms); (b) except as may be permitted under the terms and conditions of Section 5.4 of these Terms, not disclose or permit access to Confidential Information other than to its Representatives who: (i) need to know such Confidential Information for purposes of the Receiving Party's exercise of its rights or performance of its obligations under and in accordance with the Agreement (including these Terms); (ii) have been informed of the confidential nature of the Confidential Information and the Receiving Party's obligations under this Section 5; and (iii) are 253 1*14:n1.11W1 GENERAL TERMS AND CONDITIONS (9-1-1 SERVICES AND SOFTWARE LICENSE) bound by written confidentiality and restricted use obligations at least as protective of the Confidential Information as the terms set forth in this Section 5; (c) safeguard the Confidential Information from unauthorized use, access or disclosure using at least the degree of care it uses to protect its similarly sensitive information and in no event less than a reasonable degree of care; (d) promptly notify the Disclosing Party of any unauthorized use or disclosure of Confidential Information and cooperate with Disclosing Party to prevent further unauthorized use or disclosure; and (e) ensure its Representatives' compliance with, and be responsible and liable for any of its Representatives' non-compliance with, the terms of this Section 5. Notwithstanding any other provisions of the Agreement (including these Terms), the Receiving Party's obligations under this Section 5 with respect to any Confidential Information that constitutes a trade secret under any applicable Law will continue until such time, if ever, as such Confidential Information ceases to qualify for trade secret protection under one or more such applicable Laws other than as a result of any act or omission of the Receiving Party or any of its Representatives. 5.4. Compelled Disclosures. If the Receiving Party or any of its Representatives is compelled by applicable Law to disclose any Confidential Information then, to the extent permitted by applicable Law, the Receiving Party shall: (a) promptly, and prior to such disclosure, notify the Disclosing Party in writing of such requirement so that the Disclosing Party can seek a protective order or other remedy or waive its rights under Section 5.3 of these Terms; and (b) provide reasonable assistance to the Disclosing Party, at the Disclosing Party's sole cost and expense, in opposing such disclosure or seeking a protective order or other limitations on disclosure. If the Disclosing Party waives compliance or, after providing the notice and assistance required under this Section 5.4. the Receiving Party remains required by Law to disclose any Confidential Information, the Receiving Party shall disclose only that portion of the Confidential Information that the Receiving Party is legally required to disclose and, on the Disclosing Party's request, shall use commercially reasonable efforts to obtain assurances from the applicable court or other presiding authority that such Confidential Information will be afforded confidential treatment. 5.5. Return, Destruction. Confidential Information will remain the property of the Disclosing Party and will, at the Disclosing Party's request and after it is no longer needed for the purposes of the Agreement (including these Terms) or upon expiration or termination of the Agreement (including these Terms) for any reason, whichever occurs first, promptly be returned to the Disclosing Party or be destroyed, together with all copies made by the Receiving Party and by anyone to whom such Confidential Information has been made available by the Receiving Party in accordance with the provisions of this section. 6.1. License Fees. In consideration of the rights granted to Customer under the Agreement (including these Terms), Customer shall pay to INdigital the license fees set forth in Exhibit D (attached to, and incorporated by reference into, the Agreement) in accordance with that exhibit and the terms of this Section 6. If the Term is renewed for any Renewal Term(s) pursuant to Section 9.2 of these Terms, Customer shall pay the then -current standard license fees that INdigital charges for the Software during the applicable Renewal Term. 6.2. Additional Fees and Expenses. In consideration of INdigital providing installation, support and maintenance, training, and other ancillary services under the Agreement (including these Terms), Customer shall pay to INdigital the fees set forth in Exhibit D attached to, and incorporated by reference into, the Agreement, and shall reimburse INdigital for out-of-pocket expenses incurred by INdigital in connection with performing these services, in accordance with that exhibit and the terms of this Section 6. 6.3. Taxes. All license fees and other amounts payable by Customer under the Agreement (including these Terms) are exclusive of taxes and similar assessments. Without limiting the foregoing, Customer is responsible for all sales, service, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental or regulatory authority on any amounts payable by Customer under the Agreement, other than any taxes imposed on INdigital's income. 6.4. Payment. Customer shall pay all amounts due and owing under the Agreement (including these Terms) within thirty 30 days after the date of INdigital's invoice therefor. Customer shall make all payments under the Agreement in US dollars by wire transfer or check to the address or account specified in Exhibit D attached to, and incorporated by 254 EXHIBIT A GENERAL TERMS AND CONDITIONS (9-1-1 SERVICES AND SoF1'wARE LICENSE) reference into, the Agreement or such other address or account as INdigital may specify in writing from time to time. 6.5. Late Payment. If Customer fails to make any payment when due then, in addition to all other remedies that may be available to INdigital: (a) INdigital may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable Law; (b) Customer shall reimburse INdigital for all reasonable costs incurred by INdigital in collecting any late payment of amounts due or related interest, including attorneys' fees, court costs and collection agency fees; and (c) if such failure continues for fifteen (15) days following written notice thereof, INdigital may: (i) disable Customer's use of the Software (including by means of a disabling code, technology or device); (ii) withhold, suspend or revoke its grant of a license and/or sublicense under the Agreement; and/or (iii) terminate the Agreement (including these Terms) under Section 9.3(a) or Section 9.3(b) of these Terms, as applicable. 6.6. No Deductions or Setoffs. All amounts payable to INdigital under the Agreement (including these Terms) shall be paid by Customer to INdigital in full without any setoff, recoupment, counterclaim, deduction, debit or withholding for any reason (other than any deduction or withholding of tax as may be required by applicable Law). SECURITY MEASURES. The Software may contain technological measures designed to prevent unauthorized or illegal use of the Software. Customer acknowledges and agrees that: (a) INdigital may use these and other lawful measures to verify Customer's compliance with the terms of the Agreement (including these Terms) and enforce INdigital's rights, including all Intellectual Property Rights, in and to the Software; (b) INdigital may deny any individual access to and/or use of the Software if INdigital, in its sole reasonable discretion, believes that Person's use of the Software would violate any provision of the Agreement (including these Terms); and (c) INdigital and its Representatives may collect, maintain, process and use diagnostic, technical, usage and related information, including information about Customer's computers, systems and software, that INdigital may gather periodically to improve the performance of the Software or develop Maintenance Releases. This information will be treated in accordance with INdigital's privacy policy, as amended from time to time. ICU I DI N 11 DIN a W1111 a '.t' -,4 II 8.1. Intellectual Property Ownership. Customer acknowledges and agrees that: (a) the Software and Documentation are licensed or sublicensed and not sold to Customer by INdigital and Customer does not and will not have or acquire under or in connection with the Agreement (including these Terms) any ownership interest in the Software or Documentation, or in any related Intellectual Property Rights; (b) INdigital and its licensor(s) are and will remain the sole and exclusive owners of all right, title and interest in and to the Software and Documentation, including all Intellectual Property Rights relating thereto, subject only to the limited license granted to Customer under the Agreement; and (c) Customer hereby unconditionally and irrevocably assigns to INdigital or INdigital's designee, Customer's entire right, title and interest in and to any Intellectual Property Rights that Customer may now or hereafter have in or relating to the Software or Documentation (including any rights in derivative works or patent improvements relating to either of them), whether held or acquired by operation of law, contract, assignment or otherwise. 8.2. Customer Cooperation and Notice of Infringement. Customer shall, during the Term: (a) take all reasonable measures to safeguard the Software and Documentation (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access; (b) at INdigital's expense, take all such steps as INdigital may reasonably require to assist INdigital in maintaining the validity, enforceability and INdigital's ownership of the Intellectual Property Rights in the Software and Documentation; (c) promptly notify INdigital in writing if Customer becomes aware of: (i). any actual or suspected infringement, misappropriation or other violation of INdigital's Intellectual Property Rights in or relating to the Software or 255 EXHIBIT A GENERAL TERMS AND CONDITIONS (9-1-1 SERVICES AND SOFTWARE LICENSE) Documentation; or (ii). any claim that the Software or Documentation, including any production, use, marketing, sale or other disposition of the Software or Documentation, in whole or in part, infringes, misappropriates or otherwise violates the Intellectual Property Rights or other rights of any Person; and (d) fully cooperate with and assist INdigital in all reasonable ways in the conduct of any claim, suit, action or proceeding (each, an "Action") by INdigital to prevent or abate any actual or threatened infringement, misappropriation or violation of INdigital's rights in, and to attempt to resolve any claims relating to, the Software or Documentation. 8.3. No Implied Rights. Except for the limited rights and licenses expressly granted under the Agreement, nothing in the Agreement (including these Terms) grants, by implication, waiver, estoppel or otherwise, to Customer or any third party any Intellectual Property Rights or other right, title, or interest in or to any of the Software or Documentation. 9. TERM AND TERMINATION. 9.1. Initial Term. The initial term of the Agreement commences as of the Effective Date and will continue in effect until such time as specified in Number 11 of the Agreement, unless terminated earlier pursuant to any of the Agreement's express provisions (the "Initial Term"). 9.2. Renewal Term. The Agreement will automatically renew for additional successive terms specified in Number 11 of the Agreement unless earlier terminated pursuant to any of the Agreement's express provisions or either Party gives the other Party written notice of non -renewal at least ninety (90) days prior to the expiration of the then -current term (each, a "Renewal Term" and, collectively, together with the Initial Term, the "Term"). 9.3. Termination. The Agreement may be terminated at any time: (a) by INdigital, effective on written notice to Customer, if Customer fails to pay any amount when due under the Agreement (including these Terms), where such failure continues more than fifteen (15) days after INdigital's delivery of written notice thereof ("Payment Failure"); (b) by INdigital, immediately on written notice to Customer if any two or more Payment Failures occur in any twelve (12) -month period; (c) by either Party, effective on written notice to the other Party, if the other Party materially breaches the Agreement (including these Terms) and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured thirty (30) days after the non -breaching Party provides the breaching Party with written notice of such breach (except in the case of a Payment Failure, which shall be governed by Section 9.3(a) of these Terms); (d) by INdigital, effective immediately, if the Customer: (i) is dissolved or liquidated or takes any corporate action for such purpose; (ii) becomes insolvent or is generally unable to pay its debts as they become due; (iii) becomes the subject of any voluntary or involuntary bankruptcy proceeding under any domestic or foreign bankruptcy or insolvency Law; (iv) makes or seeks to make a general assignment for the benefit of its creditors; or (v) applies for, or consents to, the appointment of a trustee, receiver or custodian for a substantial part of its property; (e) by INdigital, upon notice to Customer, if Customer is in breach of any other agreement between the Parties and such breach is not cured pursuant to the terms of such agreement. 9.4. Effect of Termination or Expiration. On the expiration or earlier termination of the Agreement: (a) all rights, licenses and authorizations granted to Customer under the Agreement will immediately terminate and Customer shall: (i)_ immediately cease all use of and other activities with respect to the Software and Documentation other than those described in Section 9.4(a)(ii) of these Terms; (ii). within sixty (60) days deliver to INdigital, or at INdigital's written request destroy, and permanently erase from all devices and systems Customer directly or indirectly controls, the Software, the Documentation and INdigital's Confidential Information, including all documents, files and tangible materials (and any partial and complete copies) containing, reflecting, incorporating or based on any of the foregoing, whether or not modified or merged into other materials; (iii). certify to INdigital in a signed written instrument that it has complied with EXHIBIT A GENERAL TERMS AND CONDITIONS (9-1-1 SERVICES AND SOFTWARE LICENSE) the requirements of this Section 9.4: and (b) all amounts payable by Customer to INdigital of any kind under the Agreement (including these Terms) are immediately payable and due no later than thirty (30) days after the effective date of the expiration or INdigital's termination of the Agreement. 9.5. Surviving Terms. The provisions set forth in the following sections, and any other right, obligation or provision under the Agreement (including these Terms) that, by its nature, should survive termination or expiration of the Agreement (including these Terms), will survive any expiration or termination of the Agreement: this Section 9.5 of these Terms, Section 1 of these Terms (Definitions), Section 5 of these Terms (Confidentiality), Section 8 of these Terms (Intellectual Property Rights), Section 12 of these Terms (Representations and Warranties), for clarity, including Section 10.7 of these Terms (Disclaimer of Warranties), Section 11 of these Terms (Indemnification), Section 12 of these Terms (Limitation of Liability), and Section 15 of these Terms (Miscellaneous). em , I .1 1111 1 10.1. Mutual Representations and Warranties. Each Party represents, warrants and covenants to the other Party that: (a) it has the full right, power and authority to enter into and perform its obligations and grant the rights, licenses and authorizations it grants and is required to grant under the Agreement (including these Terms); (b) the execution of the Agreement by its representative whose signature is set forth at the end of the Agreement has been duly authorized by all necessary action of such Party; and (c) when executed and delivered by both Parties, the Agreement (including these Terms) will constitute the legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms. 10.2. Limited Warranty. Subject to the limitations and conditions set forth in Section 10.3 of these Terms and Section 10.4 of these Terms, INdigital warrants to Customer that for a period of ninety (90) days from the Effective Date (the "Warranty Period"), the Software will substantially conform in all material respects to the specifications set forth in the Documentation, when installed, operated and used as recommended in the Documentation and in accordance with the Agreement (including these Terms). 10.3. Customer Requirements. The limited warranty set forth in Section 10.2 of these Terms applies only if Customer: (a) notifies INdigital in writing of the warranty breach before the expiration of the Warranty Period; (b) has promptly installed all Maintenance Releases to the Software that INdigital previously made available to Customer; and (c) as of the date of notification, is in compliance with all terms and conditions of the Agreement (including these Terms) (including the payment of all license fees then due and owing). 10.4. Exceptions. Notwithstanding any provisions to the contrary in the Agreement (including these Terms), the limited warranty set forth in Section 10.2 of these Terms does not apply to problems arising out of or relating to: (a) Software, or the media on which it is provided, that is modified or damaged by Customer or its Representatives; (b) any operation or use of, or other activity relating to, the Software other than as specified in the Documentation, including any incorporation in the Software of, or combination, operation or use of the Software in or with, any technology (including any software, hardware, firmware, system or network) or service not specified for Customer's use in the Documentation, unless otherwise expressly permitted by INdigital in writing; (c) Customer's or any third party's negligence, abuse, misapplication or misuse of the Software, including any use of the Software other than as specified in the Documentation or expressly authorized by INdigital in writing; (d) Customer's failure to promptly install all Maintenance Releases that INdigital has previously made available to Customer; (e) the operation of, or access to, Customer's or a third party's system or network; (f) any beta software, software that INdigital makes available for testing or demonstration purposes, temporary software modules or software for which INdigital does not receive a license fee; (g) Customer's material breach of any provision of the Agreement (including these Terms); (h) any other circumstances or causes outside of the reasonable control of INdigital 257 EXHIBIT A GENERAL TERMS AND CONDITIONS (9-1-1 SERVICES AND SOFTWARE LICENSE) (including abnormal physical or electrical stress); or (i) any failure or interruption of any electrical power, or any accident or cause external to the Software, including, but not limited to, problems or malfunctions related to Customer's network, database, third party software products, workstation configurations, Customer's hardware, operator error, or Customer's negligence or willful misconduct. 10.5. Remedial Efforts. If INdigital breaches, or is alleged to have breached, the limited warranty set forth in Section 10.2 of these Terms, INdigital may, at its sole option and expense, take any of the following steps to remedy such breach: (a) replace any damaged or defective media on which INdigital supplied the Software; (b) amend, supplement or replace any incomplete or inaccurate Documentation; (c) repair the Software; (d) replace the Software with functionally equivalent software (which software will, on its replacement of the Software, constitute Software); and/or (e) terminate the Agreement and, provided that Customer fully complies with all of its post -termination obligations as set forth in Section 9.4 of these Terms, promptly refund to Customer, on a pro rata basis, the share of any license fees prepaid by Customer for the future portion of the Term that would have remained but for such termination. 10.6. Sole Remedy. If INdigital does not cure a warranty breach or terminate the Agreement as provided in Section 10.5 of these Terms within a reasonable period of time after INdigital's receipt of written notice of such breach, Customer shall have the right to terminate the Agreement as provided in Section 9.3(c) of these Terms. Provided that Customer fully complies with its post -termination obligations as set forth in Section 9.4 of these Terms, INdigital shall promptly refund to Customer, on a pro rata basis, the share of any license fees prepaid by Customer for the future portion of the Term that would have remained but for such termination. THIS SECTION 10.6 SETS FORTH THE CUSTOMER'S SOLE REMEDY AND INDIGITAUS ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF ANY INDIGITAL WARRANTY OF THE SOFTWARE SET FORTH IN THE AGREEMENT. 10.7. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 10.2 OF THESE TERMS, ALL SOFTWARE, DOCUMENTATION AND OTHER PRODUCTS, INFORMATION, MATERIALS AND SERVICES PROVIDED BY INDIGITAL ARE PROVIDED "AS IS." INDIGITAL HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE), AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON -INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, INDIGITAL MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE OR DOCUMENTATION, OR ANY OTHER INDIGITAL OR THIRD -PARTY GOODS, SERVICES, TECHNOLOGIES OR MATERIALS (INCLUDING ANY SOFTWARE OR HARDWARE), OR ANY PRODUCTS OR RESULTS OF THE USE OF ANY OF THEM, WILL MEET CUSTOMER'S OR OTHER PERSONS' REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES OR MATERIALS (INCLUDING ANY SOFTWARE, HARDWARE, SYSTEM OR NETWORK), OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD -PARTY MATERIALS ARE PROVIDED "AS IS" AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD -PARTY OWNER OR DISTRIBUTOR OF SUCH OPEN- THIRD -PARTY MATERIALS. 11. INDEMNIFICATION. 11.1. INdigital Indemnification. INdigital shall indemnify, defend and hold harmless Customer from and against any and all Losses incurred by Customer arising out of or relating to any Action by a third party (other than an Affiliate) to the extent that such Losses arise from any allegation in such Action that the Software, or any use of the Software, in the Territory in accordance with the Agreement (including these Terms) (including the Documentation) infringes any U.S. Intellectual Property Right in the U.S. The foregoing obligation does not apply to the extent that such Action or Losses arise from any allegation of or relating to any: 258 1 W01113 1 al GENERAL TERMS AND CONDITIONS (9-1-1 SERVICES AND SoFrwARE LICENSE) (a) Third -Party Materials; (b) patent issued on a patent application published after the Effective Date; (c) incorporation by the Software of, or combination, operation or use of the Software in or with, any technology (including any software, hardware, firmware, system or network) or service not provided by INdigital or specified for Customer's use in the Documentation, unless otherwise expressly permitted by INdigital in writing; (d) modification of the Software other than: (i) by INdigital or its authorized contractor in connection with the Agreement (including these Terms); or (ii) with INdigital's express written authorization and in strict accordance with INdigital's written directions and specifications; (e) failure to timely implement any Maintenance Release, modification, update or replacement of the Software made available to Customer by INdigital; (f) use of the Software after INdigital's notice to Customer of such activity's alleged or actual infringement, misappropriation or other violation of a third party's rights; (g) negligence, abuse, misapplication or misuse of the Software or Documentation by or on behalf of Customer, Customer's Representatives or a third party; (h) use of the Software or Documentation by or on behalf of Customer that is outside the purpose, scope or manner of use authorized by the Agreement (including these Terms) or in any manner contrary to INdigital's instructions; (i) events or circumstances outside of INdigital's commercially reasonable control (including any third -party hardware, software or system bugs, defects or malfunctions); or 0) Action or Losses for which Customer is obligated to indemnify INdigital pursuant to Section 11.2 of these Terms. 11.2. Customer Indemnification. Customer shall indemnify, defend and hold harmless INdigital and its Affiliates, officers, directors, employees, agents, subcontractors, successors and assigns (each, including INdigital, an "INdigital Indemnitee") from and against any and all Losses incurred by the INdigital Indemnitee in connection with any Action by a third party (other than an Affiliate of a INdigital Indemnitee) to the extent that such Losses arise out of or relate to any allegation: (a) that any Intellectual Property Right or other right of any Person, or any Law, is or will be infringed, misappropriated or otherwise violated by any: (i). use or combination of the Software by or on behalf of Customer or any of its Representatives with any hardware, software, system, network, service or other matter whatsoever that is neither provided by INdigital nor authorized by INdigital in the Agreement (including these Terms) and the Documentation or otherwise in writing; and (ii). information, materials or technology or other matter whatsoever directly or indirectly provided by Customer or directed by Customer to be installed, combined, integrated or used with, as part of, or in connection with the Software or Documentation; (b) of or relating to facts that, if true, would constitute a breach by Customer of any representation, warranty, covenant or obligation under the Agreement (including these Terms); (c) of or relating to negligence, abuse, misapplication, misuse or more culpable act or omission (including recklessness or willful misconduct) by or on behalf of Customer or any of its Representatives with respect to the Software or Documentation or otherwise in connection with the Agreement (including these Terms); or (d) of or relating to use of the Software or Documentation by or on behalf of Customer or any of its Representatives that is outside the purpose, scope or manner of use authorized by the Agreement (including these Terms) or the Documentation, or in any manner contrary to INdigital's instructions. 11.3. Indemnification Procedure. Each Party shall promptly notify the other Party in writing of any Action for which such Party believes it is entitled to be indemnified pursuant to Section 11.1 or Section 111 of these Terms. The Party seeking indemnification (the "Indemnitee") shall cooperate with the other Party (the "Indemnitor") at the Indemnitor's sole cost and expense. The Indemnitor shall immediately take control of the defense and investigation of such Action and shall employ counsel reasonably acceptable to the Indemnitee to 259 EXHIBIT A GENERAL TERMS AND CONDITIONS (9-1-1 SERVICES AND SOFTWARE LICENSE) handle and defend the same, at the Indemnitor's sole cost and expense. The Indemnitee's failure to perform any obligations under this Section 11 will not relieve the Indemnitor of its obligations under this Section 11 except to the extent that the Indemnitor can demonstrate that it has been materially prejudiced as a result of such failure. The Indemnitee may participate in and observe the proceedings at its own cost and expense with counsel of its own choosing. 11.4. Mitigation. If the Software, or any part of the Software, is, or in INdigital's opinion is likely to be, claimed to infringe, misappropriate or otherwise violate any third -party Intellectual Property Right, or if Customer's use of the Software is enjoined or threatened to be enjoined, INdigital may, at its option and sole cost and expense: (a) obtain the right for Customer to continue to use the Software materially as contemplated by the Agreement (including these Terms); (b) modify or replace the Software, in whole or in part, to seek to make the Software non -infringing, while providing materially equivalent features and functionality, and such modified or replacement software will constitute Software under the Agreement (including these Terms); or (c) if none of the remedies set forth in the above Section 11.4(a) or Section 11 AN of these Terms is reasonably available to INdigital, terminate the Agreement, in its entirety or with respect to the affected part or feature of the Software, effective immediately on written notice to Customer, in which event: (i). Customer shall cease all use of the Software and Documentation immediately on receipt of Customer's notice; and (ii). provided that Customer fully complies with its post -termination obligations set forth in Section 9.4 of these Terms, INdigital shall promptly refund to Customer, on a pro rata basis, the share of any license fees prepaid by Customer for the future portion of the Term that would have remained but for such termination. 11.5. Sole Remedy. THIS SECTION 11 SETS FORTH CUSTOMER'S SOLE REMEDIES AND INDIGITAL'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED OR ALLEGED CLAIMS THAT THE AGREEMENT (INCLUDING THESE TERMS) OR ANY SUBJECT MATTER OF THE AGREEMENT (INCLUDING THE SOFTWARE AND DOCUMENTATION) INFRINGES, MISAPPROPRIATES OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 12. LMTATION OF LIABILITY. 12.1. EXCLUSION OF DAMAGFS. IN NO EVENT WILL INDIGITAL OR ANY OF ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT (INCLUDING THESE TERMS) OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY (a) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS, (b) LOSS OF GOODWILL OR REPUTATION, (c) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY SOFTWARE OR THIRD -PARTY MATERIALS, (d) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, (e) COST OF REPLACEMENT GOODS OR SERVICES, OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. 12.2. CAP ON MONETARY LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF INDIGITAL AND ITS LICENSORS, SUPPLIERS AND SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THE AGREEMENT (INCLUDING THESE TERMS), WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID TO INDIGITAL UNDER THE AGREEMENT IN THE 12 -MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL 260 EXHIBrr A GENERAL TERMS AND CONDITIONS (9-1-1 SERVICES AND SoF TARE LICENSE) PURPOSE. 13. EXPORT REGULATION. Customer shall not itself, or permit any other Person to, export, re-export or release, directly or indirectly any Controlled Technology to any country, jurisdiction or Person to which the export, re-export or release of Controlled Technology (a) is prohibited by applicable Law or (b) without first completing all required undertakings (including obtaining any necessary export license). 14. FORCE MAJEURE. 14.1. No Breach or Default. In no event will INdigital be liable or responsible to Customer, or be deemed to have defaulted under or breached the Agreement (including these Terms), for any failure or delay in fulfilling or performing any term of the Agreement (including these Terms), when and to the extent such failure or delay is caused by any circumstances beyond INdigital's reasonable control (a "Force Majeure Event"), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of the Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including imposing an export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation. Either Party may terminate the Agreement if a Force Majeure Event continues substantially uninterrupted for a period of 90 days or more. 14.2. Obligations. In the event of any failure or delay caused by a Force Majeure Event, INdigital shall give prompt written notice to Customer stating the period of time the occurrence is expected to continue and use commercially reasonable efforts to end the failure or delay and minimize the effects of such Force Majeure Event. 15.1. Further Assurances. On a Party's reasonable request, the other Party shall, at the requesting Party's sole cost and expense, execute and deliver all such documents and instruments, and take all such further actions, as may be necessary to give full effect to the Agreement. 15.2. Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in the Agreement (including these Terms) shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever. 15.3. Notices. Except as otherwise expressly set forth in the Agreement, any notice, request, consent, claim, demand, waiver or other communication under the Agreement will have legal effect only if in writing and addressed to a Party at its address or e-mail designated in the Agreement. Notices sent in accordance with this Section 15.3 will be deemed effectively given: (i) when received, if delivered by hand, with signed confirmation of receipt; (ii) when received, if sent by a nationally recognized overnight courier, signature required; (iii) when sent, if by e-mail, (in each case, with confirmation of transmission), if sent during the addressee's normal business hours, and on the next business day, if sent after the addressee's normal business hours; and (iv) on the third business day after the date mailed by certified or registered mail, return receipt requested, postage prepaid. 15.4. Interpretation. For purposes of the Agreement (including these Terms): (i) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (ii) the word "or" is not exclusive; (iii) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to the Agreement as a whole (including these Terms); (iv) words denoting the singular have a comparable meaning when used in the plural, and vice versa; and (v) words denoting any gender include all genders. Unless the context otherwise requires, references in the Agreement (including these Terms): (x) to exhibits, exhibits, attachments and appendices mean the exhibits, exhibits, attachments and appendices attached to, the Agreement (including these Terms); (y) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The Parties intend the Agreement (including these Terms) to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, schedules, attachments and appendices referred to in the Agreement (including these Terms) are an integral part of the Agreement to the same extent as if they were set forth verbatim in 261 EXHIBIT A GENERAL TERMS AND CONDITIONS (9-1-1 SERVICES AND SOFTWARE LICENSE) the Agreement. 15.5. Wings. The headings in the Agreement (including these Terms) are for reference only and do not affect the interpretation of the Agreement (including these Terms). 15.6. Entire Agreement, The Agreement, together with these Terms and any other documents incorporated by reference into the Agreement (and, if applicable, together with the Software Support and Maintenance Agreement), constitute the sole and entire agreement of the Parties with respect to the subject matter of the Agreement and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. 15.7. Assignment. Customer shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under the Agreement (including these Terms) without INdigital's prior written consent. Any purported assignment, delegation or transfer in violation of this Section 15.7 is void. The Agreement (including these Terms) inures to the benefit of, and is binding on and enforceable against, the Parties and their respective permitted successors and assigns. 15.8. No Third -Party Beneficiaries. The Agreement (including these Terms) are for the sole benefit of the Parties and their respective permitted successors and permitted assigns and nothing in the Agreement (including these Terms), express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of the Agreement (including these Terms). 15.9. .Amendment and Modification, Waiver. No amendment to, modification of, or rescission, termination or discharge of the Agreement (including these Terms) is effective unless it is in writing, identified as an amendment to or rescission, termination or discharge of the Agreement (including these Terms) and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions of the Agreement (including these Terms) shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in the Agreement (including these Terms), no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the Agreement (including these Terms) shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege under the Agreement (including these Terms) preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 15.10. Severability. If any provision of the Agreement (including these Terms) is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Agreement (including these Terms) or invalidate or render unenforceable such term or provision in any other jurisdiction. On such determination that any term or other provision is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to modify the Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated by the Agreement (including these Terms) be consummated as originally contemplated to the greatest extent possible. 15.11. Governing Law: Submission to Jurisdiction. The Agreement (including these Terms) is governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Indiana. Any legal suit, action or proceeding arising out of or related to the Agreement will be instituted exclusively in the federal courts of the United States District Court of the Northern District of Indiana or the courts of the State of Indiana in each case located in the city of Fort Wayne and County of Allen, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice or other document by mail to such Party's address set forth in Number 2 of the Agreement will be effective service of process for any suit, action or other proceeding brought in any such court. 15.12. Waiver of Jury Trial. Each Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to the Agreement or the transactions contemplated by the Agreement (including these Terms). 15.13. Equitable Remedies. Customer acknowledges and agrees that a breach or threatened breach by Customer of any of its obligations under Section 3 of these Terms (Use Restrictions), Section 5 of these Terms (Confidentiality), Section 8 of these Terms (Intellectual Property Rights) or Section 11 of these Terms (Indemnification) would cause INdigital irreparable harm for which monetary damages would not be an adequate remedy and that, in the event of such breach or threatened breach, INdigital will be 262 EXHIBrr A GENERAL TERMS AND CONDITIONS (9-1-1 SERVICES AND SOFTWARE LICENSE) entitled to equitable relief, including in a restraining order, an injunction, specific performance and any other relief that may be available from any court of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise. 15.14. Attorneys' Fees. In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either Party against the other Party arising out of or related to the Agreement (including these Terms), the prevailing Party shall be entitled to recover its reasonable attorneys, expert witness and accountants' fees and court costs from the non -prevailing Party. 263 Exhibit B Designated Site(s) 4225 43rd Avenue Vero Beach, FL 32967 264 Exhibit C Software / Services Description 1. Text (TAG) Services - INdigital Text to 9-1-1 services is a text control service that enables Short Message Service (SMS) text to the 9-1-1 PSAP that subscribes to the service. The Customer will receive the SMS messages from the major carriers. This inbound service will be integrated with the existing Solacom Call Handling equipment. Text to 9-1-1 is an additional resource for citizens who may be in need of emergency services, and are not able to make a voice call, to reach emergency services timely. This service is considered a best effort service and is not regulated. 265 Exhibit D Price List Tarty web brawear Feet" Radu"Wd Quan" Extendad Annuditad ToW bW-TQ-911 Wbound only l x 198,028 S 0.0040 9552.11 $5,825.34 HonVairo CanWkWoft fOR.91t Q -n" umPRea ROOdad Ann INdyiitd p ow dad IP abVeOvity fCt3 S°.B4 75 51. t E9 50 I I Mlll�t fCB 0 3001. 90 t70 j anruSl ier�rtnp =14,/b4.00 266 Exhibit E TERMINATION IN REGARDS TO F.S. 287.135: INdigital certifies that it and those related entities of INdigital, 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. Customer may terminate this Contract if INdigital, 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. INdigital 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. INdigital is also responsible for obtaining proof of E -Verify 267 a) E _ -(-- rn --.-7—�. Y a) N 04 O ch N Cl) O ac) LL N C F > 69 O Ln o •Z N Q L N Z cli (14 !" E M N r - v► co QV � m a) yw N Ln O C N I A U U v > d { I 7 U_ O c II. C c O Ifj Z O C) W a I m I o 00 NO o �! LO Lf) e» .i..:�... : I ! 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U_ c Z LO .� 0LO > (n Z c L) m _ a o O O U) 0) c Z U a Y U rn _ LL O W U F z o ch Ln v 04 CO F co Cl 69 O Ln w 1 o. � i» v► � N N I A 44% { I 7 c c Ifj a ! m o 00 o m O d � O U COD 7 y D U Ef3 V (0 x N x C LU C LLI (9 Cp U) 6A ER H4 69 Ei9 c 0 o 0 O 0 O 0 rn 0 O 6. 6.7 In Ll') N N N 0) C1 d •= r- C) C IL v o a m m O ,_ o c O v> c c l9 G `U EA fA CO ffl Q) z N O= O O O O O U 7 a z UU I O Z ° z V m LO OO r 0) Z v v LL C, Z Z w LO V O v . U_ c Z LO .� 0LO > (n Z c L) m _ a o O O U) 0) c Z U a Y U rn _ LL O W U F z o g.0. INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Michael Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Melissa Meisenburg, Lagoon Plan Environmental Specialist SUBJECT: Approval to Submit Letters of Intent for the National Estuary Program's Coastal Watershed Grant DATE: March 27, 2023 DESCRIPTION AND CONDITIONS Coastal Division staff is requesting Indian River County Board of County Commissioner (BCC) approval to submit two Letters of Intent (1-01) for projects to receive potential funding made available through the National Estuary Program's Coastal Watershed Grant. The grant is administered through Restore America's Estuaries (RAE) in close coordination with the Environmental Protection Agency (EPA). The grant funds projects addressing key factors estuaries across the United States are experiencing, including but not limited to loss of key habitats, harmful algal blooms, impacts of nutrients on coastal ecosystems and contaminants of emerging concern. The Request for Proposals (RFP) requires the submission of an LOI by May 5, 2023. If selected by the RAE grant committee, the full proposal is due July 21, 2023. Entities may submit up to three LOls, but only one may be selected for a full proposal submission. The Coastal Watershed Grant projects are awarded and administered by RAE with federal funding from the EPA. The award ranges from $75,000 to $250,000 and projects must be completed within a two -year -period. Coastal Division staff has two distinct proposals for projects meeting the requirements of the RFP and is requesting to submit an LOI for both projects. 1. On January 18, 2022 the BCC directed Coastal Division staff to work with Florida Institute of Technology's Dr. Austin Fox to develop and conduct a County wide muck mapping survey within the Indian River Lagoon. Determining the location of extensive muck and potential nutrient fluxes is beneficial in understanding muck accumulation within regions of the Indian River Lagoon. A comprehensive muck survey will fill a data gap identified during the Research and Review Phase of The Indian River County Lagoon Management Plan. In addition, mitigation strategies provide Basin Management Action Plan (BMAP) credits required to meet the Total Maximum Daily Loads (TMDLs) set forth by the Florida Department of Environmental Protection (FDEP). Staff has worked closely with Dr. Fox to develop a comprehensive muck survey with sediment and nutrient analysis proposal. Dr. Fox provided staff with a scope of work for the project, which can be completed in six tasks over the course of one year. The total budget for the project is $102,275. Page 2 Approval to Submit Letters of Intent for the National Estuary Program's Coastal Watershed Grant April 18, 2023 BCC Meeting 2. In 2019 the Lauren's Island project was developed to restore an oyster habitat and minimize erosion at a small spoil island south of the State Road 60 bridge. Over the past year, Coastal Division staff has acquired the necessary permits and easements from the FDEP and United States Army Corp of Engineers to carry out the project. In addition to the permits, the County was awarded $50,000 through an FDEP grant. The total cost of the project is estimated to be $300,000. The project design requires the use of oyster gabions around the island with signage to notify boaters of the oyster habitat. FUNDING Per the RFP, funded projects must provide 25% of the total project costs. The 25% match must use non- federal dollars. Matching funds may include cash or in-kind support. Funding in the amount of $70,000 for the County matches is budgeted and available in the General Fund/Lagoon/Other Professional Services account 00128337-033190. Project Total Budget County Funds Other Funding LOI Request Account Number Muck Survey $102,275 $35,000 $0 $67,275 00128337-033190 Lauren's Island Oyster Project $300,000 $35,000 $50,000 $215,000 00128337-033190 RECOMMENDATION Staff recommends the Board of County Commissioners approve the request to submit two Letters of Intent for the Coastal Watershed Grant. ATTACHMENTS NEP Coastal Watershed Grant Program APPROVED AGENDA ITEM FOR: April 18, 2023 270 National Estuary Program Coastal Watersheds Grant Program 2023 Request for Proposals Issuance Date: March 10, 2023 Deadlines 1. Letters of Intent: due by 5:00 p.m. PT/8:00 p.m. ET on Friday, May 5, 2023 2. Full proposals by invitation only: due by 5:00 p.m. PT/8:00 p.m. ET on Friday, July 21, 2023 For all inquiries related to this solicitation, please contact Suzanne Simon, Restore America's Estuaries, at ssimon@estuaries.org. For additional information about the program, please visit https://estuaries.org/initiatives/watershedgrants/. Contents: A. Program Overview B. Letter of Intent Requirements and Limits C. Full Proposal Requirements and Limits D. Evaluation Frameworks E. Submitting a Proposal F. Documentation of Timely Submittals and Problems with Submittals G. Award Timeline A. Program Overview The National Estuary Program (NEP) Coastal Watersheds Grant (CWG) Program is a nationally competitive grants program designed to support projects that address urgent and challenging issues threatening the well-being of coastal and estuarine areas within determined estuaries of national significance. Restore America's Estuaries (RAE) will be administering the NEP CWG Program in cooperation with the U.S. Environmental Protection Agency (EPA) as a pass-through entity with funding provided under Cooperative Agreement 83967501. Grants awarded under this Request for Proposals (RFP) will be "subawards" for the purposes of 2 CFR 200. RAE will establish and manage the subawards in compliance with 2 CFR 200.331 and the terms of EPA Cooperative Agreement 83967501. The goals of the CWG Program are to: • Address urgent and challenging issues that threaten the ecological and economic well-being of coastal areas and estuaries; • Achieve on -the -ground or tangible quantifiable improvements in coastal and estuarine habitat conditions and the health of living resources; • Apply new or innovative approaches, practices, methods, or techniques for preventing, treating, and removing pollution entering estuaries; 1 271 • Establish or improve sustainable local capacity to protect and restore coastal watersheds and their living resources; and • Support and expand promising approaches for watershed resilience and adaptation. This program offers an opportunity to make meaningful, on -the -ground change via thoughtful, strategic decisions regarding projects. In addition, the program will encourage partnerships in order to build stronger, more resilient communities, particularly with respect to climate change, sea level rise, and related issues. This grant program funds projects within the 28 NEP watershed geographic areas and selected adjacent areas, as defined by this map, and addresses the following urgent and challenging issues: • Loss of key habitats resulting in significant impacts on fisheries and water quality such as seagrass, mangroves, tidal and freshwater wetlands, forested wetlands, kelp beds, shellfish beds, and coral reefs; • Recurring harmful algae blooms; • Unusual or unexplained marine mammal mortalities; • Proliferation or invasion of species that limit recreational uses, threaten wastewater systems, or cause other ecosystem damage; • Flooding and coastal erosion that may be related to sea level rise, changing precipitation, or salt marsh, seagrass, or wetland degradation or loss; • Impacts of nutrients and warmer water temperatures on aquatic life and coastal ecosystems, including low dissolved oxygen conditions in estuarine waters; and • Contaminants of emerging concern found in coastal and estuarine waters such as pharmaceuticals, personal care products, and microplastics. Priorities for this Request for Proposals In order to address the critical issues facing our nation's estuaries, each RFP round in the CWG Program will identify a unique combination of priorities. For this RFP, projects must address one or more of the following priorities: • Recurring harmful algae blooms; • Flooding and coastal erosion that may be related to sea level rise, changing precipitation, or salt marsh, seagrass, or wetland degradation or loss; • Impacts of nutrients and warmer water temperatures on aquatic life and coastal ecosystems, including low dissolved oxygen conditions in estuarine waters; and • Contaminants of emerging concern found in coastal and estuarine waters such as pharmaceuticals, personal care products, and microplastics. Geographic Boundaries Projects must occur in their entirety within the geographic areas shown below and on this interactive map, which is located at: http://arcg.is/lul9zg. Efforts adjacent to, upstream of, or as a tributary to waterbodies in the polygons will not be funded. Projects occurring outside of these areas will not be considered, nor will the geographic boundaries change. Note that the eligibility boundaries do not necessarily align with NEP boundaries. Supporting activities, such as laboratory analysis, may occur outside of the geographic eligibility polygons but that all fieldwork and anticipated ecosystem improvements must occur within them. 272 Figure 1. NEP CWG eligibility areas. Informational Webinars Prospective applicants are encouraged to participate in one of two informational webinars, which will describe this new program, including eligibility aspects, and provide an opportunity for participants to ask questions : • Wednesday, March 15, 1:00 p.m. ET/ 10:00 a.m. PT: to participate, please register via; https://usO2web.zoom.us/webinar/register/WN 3KasbOMpTaGfzcucnbG-7A and • Monday, March 20, 3:00 p.m. ET/noon PT: to participate, please register via https://us02web.zoom.us/webinar/register/WN bv7-lgvgTiiLd s2Byhdkg. The webinars will be recorded and posted online for those unable to participate live. Applicants are encouraged to set up one-on-one discussions with the Program Director, Suzanne Simon, via email [ssimon@estuaries.org] or via Calendly at https://calendly.com/nepcwg infosession/nep-wg- info-session-30-minutes. This scheduling app is user friendly and allows prospective applicants to find time to get feedback on aspects of their project and application. To prepare for these discussions we recommend potential applicants review the RFP completely and come with project ideas or key questions to make effective use of the time. 3 273 Process and Schedule RAE will select grantees through a two-step process: 1) letters of intent (LOI); and 2) full proposals by invitation only. Both steps are competitive and a request for full proposal does not guarantee funding. LOIS are due on Friday, May 5, 2023 and must be submitted online via the submittal portal, which may be accessed via https://estuaries.org/coastal-watershed-grants/2023-coastal-watersheds-grant/. LOIS and full proposals will be evaluated by an independent panel comprised of individuals with expertise in the priorities for this RFP, in accordance with the criteria in Sections B and C. Following consultation with the review panel regarding the LOIS, RAE will invite a subset of applicants to submit full proposals. In some cases, RAE may suggest changes or clarifications for inclusion in full proposals. RAE will notify applicants of the status of LOIS on Friday, June 23, 2023. Full proposals, if invited, must be received by Friday, July 21, 2023, and should be submitted online via the portal available via https://estua ries.org/coasta I -watershed -gra nts/2023-coasta I -watersheds -gra nt/. RAE expects to notify applicants regarding selection of proposals for funding by Friday, September 15, 2023. RAE will then work with selected applicants to finalize awards and grant awards, with the goal of starting the awarding process in the third quarter of 2023. Projects may be funded for a period up to 24 months from the date of award and must be completed no later than September 30, 2025. Section G provides RAE's anticipated grant -making schedule through awards. Funding and Project Period of Awards All 2023 NEP CWG projects will be awarded and administered by RAE with federal funding from EPA. Each subaward will range approximately between $75,000 and $250,000. Projects must be completed within a one -to two-year period. Match Funded projects must provide an additional 33% of the requested amount in nonfederal matching funds or 25% of the total project cost. For example, a request of $100,000 must be accompanied by a commitment of at least $33,000 in non-federal match, for a total project cost of $133,000. Matching funds may be cash or in-kind. The expected source or sources of matching funds must be identified in the LOI, while final full proposals must document match commitment. Match must be expended within the approved budget period of the grant and in compliance with the requirements in 2 CFR 200.306. Funds from the RESTORE Act, Natural Resources Damages Assessment (NRDA), and the National Fish and Wildlife Foundation (NFWF) may not be used to meet the non-federal match requirement, except in the case of Gulf Environmental Benefit Funds or other NFWF resources that are not derived from Federal financial assistance agreements. If you have questions regarding the origin of NFWF funds, you will need to ask NFWF and request clarification as to whether funds they receive are derived from a federal grant. In addition, the inquiry should include whether NFWF receives the funds directly from a federal agency or has pledged the funds towards cost share on a grant NFWF has received. Non-federal salary and related fringe may be used as match. Funds may not be used toward paying for tuition, nor can tuition or tuition -related expenses provided in-kind be used to satisfy the non-federal 274 match requirement. Please contact Suzanne Simon at ssimon@estuaries.org if you would like additional feedback regarding specific sources of match. Budget figures, including match, may be preliminary for the LO1 and are expected to be as well- established as possible at the time of submittal. If the status of match source will not be known until after the LOI deadline, provide the best figures available, along with an explanation. For example, match may be anticipated to be provided by a municipal budget or other grant funding, but the final decision(s) will not be made until later. In this case, submit the LO1 with the match shown in the budget and include details regarding the source and timing of match. Match must occur during the project time period and may not occur outside of this window. In an effort to reduce barriers to application and project implementation, organizations may request a full or partial waiver from the non-federal match requirement as part of the submittal process. Note that requesting a waiver does not guarantee that it will be granted, nor will asking for a waiver impact the competitiveness of the proposal. In addition, RAE may choose to offer a partial waiver. Applicants requesting a waiver should provide, at a minimum, the following information as part of the submittal via the online portal: organization's budget for current fiscal year; what community/ies the organization serves and engages; and impact of waiver on likelihood of project implementation. Applicants are welcome to provide additional details that will help decision makers better understand the organization and why a waiver is warranted. Use of Funds 2023 NEP CWG funding may be used for most project costs, including salary, fringe, contractual support, equipment, supplies, project -related travel, and indirect costs. Expected costs must be outlined in the LOI and detailed in the full proposal — see Sections B and C for budget format and related details. Costs under this grant must be reasonable, allowable, allocable, and necessary to the supported project in accordance with 2 CFR Part 200, Subpart E and must adhere to the general procurement standards set forth in 2 CFR 200.318 and "Consultant Fee Cap" set forth in 2 CFR 1500.9. Awarded funds may not be used to purchase land; however, land purchase costs may be used as match. Procurement Requirements The source of the CWG Program is federal funding. Therefore, funded projects must adhere to federal requirements regarding contracting, including contracts with consultants, and purchases of supplies and equipment. These include multiple bids for procurements above $10,000 (2 CFR 200.320), good -faith efforts to employ Disadvantaged Business Enterprises (40 CFR 33.301; also see https://www.epa.gov/grants/disadvantaged-business-enterprise-program-requirements), and Davis - Bacon prevailing wage requirements for construction activities (2 CFR 200). For more information on procurement requirements associated with this funding, applicants should refer to Best Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements (November 2022), available online at: https://www.epa.gov/sites/default/files/2021- 03/documents/best-practice-guide-for-procuring-services-supplies-equipment.pdf. Guidance on budget categories is available in EPA's Interim General Budget Development Guidance for Applicants and Recipients of EPA Financial Assistance, which is available at https://www.epa.gov/grants/rain-2019-g02. RAE will reimburse reasonable indirect costs incurred as part of 2023 CWG Program projects. Details regarding indirect costs are available in the "budget" section — B(4). 275 Eligible Applicants Eligible applicants under this announcement include state, interstate, tribal, inter -tribal consortia and regional water pollution control agencies and entities, state coastal zone management agencies, and other public or non-profit private agencies, institutions, and organizations. Eligible public agencies include state, county, and local governments. Academic institutions and NEPs are also eligible. Non- profit organizations must be able to demonstrate their non-profit status. Federal agencies, for-profit corporations, and private individuals are not eligible grantees, but may be included as partners in proposals submitted by eligible recipients. Public-private partnerships are encouraged, consistent with the competitive procurement requirements. For-profit partners, including consultants, who will receive grant funding must be selected in compliance with the competitive procurement requirements. Multiple Applications and Projects Organizations may submit up to three grant applications either as a lead organization, or as a team member on another organization's application. Multiple applications must be submitted separately and will be evaluated independent of other proposals. Organizations are considered to be a team member if they are included in the budget, whether they are slated to receive funding or are providing match. Any participation in a team counts toward the three - proposal limit. The proposal limit is based on an organizational, not personal or individual, basis. The limit applies to both LOIS and full proposals. National organizations with chapters are limited to three proposals in their area of jurisdiction. For example, if XYZ national organization has a chapter in Florida, then XYZ -FL may be on a total of three proposals that occur in Florida. Universities are limited to three proposals each by state, regardless of the number of campuses. For example, if University ABC has five campuses, the University system as a whole is limited to three submittals total, not fifteen (five campuses at three submittal each). If an entity is hosted by another organization for fiscal or administrative purposes, then the LOIs submitted by the entity are not subject to or counted toward the hosting organization's submittal limits. For example, if a non-profit is hosted by a university and the university will be submitting three LOIS, then the non-profit may also submit up to three LOIS. Project Eligibility In order to be selected for funding, a project must: • Clearly and explicitly demonstrate how it relates to and carries out the priority actions in one of the 28 NEP Comprehensive Conservation and Management Plans (CCMPs), or other existing state or locally approved community-based watershed management plan, the latter of which is a completed plan available to the public that: 1) contains actions that addresses urgent and challenging issues that threaten the ecological and economic well-being of coastal and estuarine areas as identified above; 2) demonstrates State and/or local buy -in and commitment to 276 implement actions by the appropriate parties; and 3) applies to the eligible areas as defined above; • Demonstrate or inform on -the -ground or tangible quantifiable improvements to coastal and estuarine habitats and living resources, or in the conditions of coastal and estuarine waters in the eligible areas as defined above; • Clearly define roles, logistics, budget and financing, administration, and management activities for all involved organizations; • Be located in its entirely within one or more of the identified eligible geographic areas; • Be one -to -two years in length; and • Provide final results of efforts and report environmental results, which will be made publicly available. Certain types of projects and efforts will not be considered under this program. Research activities and studies are not eligible for funding. However, assessment and/or non -routine monitoring efforts are eligible, so long as they directly address one or more of the RFP priorities and result in or inform actionable, on -the -ground activities that result in improvements in coastal and estuarine conditions and functions. Assessment or non -routine monitoring that do not have direct, demonstrable linkages to improved coastal and estuarine conditions are not eligible. Standalone education and outreach efforts are not eligible for funding. Education and outreach may be eligible as part of a larger on -the -ground implementation project. For example, efforts to inform resource managers or members of the public in order to facilitate or better implement the overall project or program would be eligible. In contrast, creating an outreach program about topic XYZ in and of itself would not be eligible. The key difference is that the outreach and education in the former example is part of the larger effort, as opposed to being the sole deliverable in the latter. Examples of potential project approaches include: • Apply existing or develop new innovative methods, approaches, techniques, or practices that would be important to preventing threats to estuaries and the continued protection and restoration of coastal and estuarine waters; • Improve existing measurement tools and indicators or develop new ones to better evaluate coastal and estuarine conditions; • Assess the effectiveness of management actions on water quality and coastal and estuarine living resources; • Encourage efforts to better understand the effects of contaminants and pollutants on living resources; • Strengthen coalitions and build new partnerships among coastal communities to collectively address regional coastal watershed conditions; • Build local capacity to protect and restore coastal and estuarine watersheds and their living resources; • Develop ecological and socio-economic indicators to measure resilience to stressors; • Build on and implement existing nutrient management strategies, or develop and test the effectiveness of new nutrient reduction strategies; • Protect, restore, and increase coastal and estuarine habitats; • Utilize protection methods to avoid impacts on downstream waters and habitats; • Identify the sources of emerging contaminants and their temporal and spatial distribution in estuaries, their tributaries, and coastal waters; 7 277 • Improve the resilience and adaptation of coastal and estuarine species and habitats to changing conditions; and • Apply new or innovative approaches, practices, or methods to treat, remove, or prevent pollution and contaminants before they enter estuaries and their tributaries. Every project must clearly define and explain what outputs and outcomes will result. Environmental outputs (or deliverables) refer to an environmental activity, effort, and/or associated work product related to an environmental goal or objective, which will be produced or provided over a period of time or by a specified date. Outputs may be quantitative or qualitative but must be measurable during an assistance agreement project period. Selected projects must produce at least one of the following outputs: • New partnerships are formed or existing partnerships strengthened that contribute to the ecological and economic well-being within the specified geographic areas; • Develop new approaches, practices, or methods for preventing and addressing threats to estuaries or improving conditions; • Extent of habitat created, re-established, rehabilitated, or enhanced; and • Pollutant load reductions in coastal and estuarine waters. Environmental outcomes are the result, effect, or consequence that will occur from carrying out an environmental program or activity that is related to an environmental or programmatic goal or objective and are used to gauge a project's performance. Outcomes may be environmental, behavioral, health-related, or programmatic in nature. Outcomes must be quantitative and may not necessarily be achieved within an award period. Outcomes may be short term (e.g., changes in learning, knowledge, attitude, skills), intermediate (e.g., changes in behavior, practice, or decisions), or long-term (e.g., changes in condition of the natural resource). Selected projects must bring about at least one of the following outcomes: • Changes made to regulations, codes, and/or ordinances to promote coastal watershed -based protection and restoration; • Increase in the quality of habitat not being impaired by non-native invasive species; • Improvement in the function of upland or coastal/estuarine habitats; • Implementation of new and/or innovative watershed -based nutrient reduction strategies; and • Coastal wetlands having a pathway or an improved pathway for landward migration in response to sea level rise. Commitment to Diversity, Inclusion, Equity, and Justice We urge projects and their teams to reflect and meaningfully engage the communities in which they are working, particularly with respect to communities that have experienced, or continue to experience, disproportional environmental health and climate change burdens. Projects should demonstrate that engagement and outreach have occurred prior to submittal. This demonstration may take a variety of forms including, but not limited to: incorporating community members or groups on the team formally [e.g. providing match or receiving funds]; and/or community members or groups providing letters of support and/or participation. The intent is to ensure that project applicants have engaged these communities in advance and that the communities are aware and supportive of the project. 8 278 In an effort to encourage a diverse pool of projects and applicants, organizations may request a full or partial waiver of the non-federal match requirement if it is a barrier to project implementation. Please see the "Match" section above for details. Tools and Equipment Under this solicitation, RAE will consider funding tools and equipment such as hardware, software, monitoring devices, and durable equipment where such investments support the implementation of CWG Program goals and objectives. Surveys and Questionnaires RAE will not fund social surveys or questionnaires under the CWG Program, nor may the costs of such instruments be included as match. If your project utilizes social surveys or similar instruments, please ensure they are not included in the proposed budget, with all costs paid by entirely separate funding sources. Land Purchase, Permissions, and Private Property Final proposals must demonstrate sufficient authority to perform the work proposed. If the applicant is not the sole property owner, this authority may be shown with partnership commitments, letters of permission, or similar documentation. CWG Program funds may not be used toward land acquisition, but land acquisition may be used to satisfy the non-federal match requirement so long as it occurs within the award time period. Permits and access agreements do not need to be completed prior to award, but the applicant must demonstrate a clear understanding of permitting and access requirements and schedules. RAE will fund work on private property only where there is a clear public benefit and where the applicant can provide an assurance of lasting impact — for example, through a conservation easement, deed restriction, or other agreement with the private landowner. As with projects on publicly owned property, project sites on private land must include signage recognizing CWG funding. Partial Awards In general, RAE will seek to fund proposals in their entirety. In some cases, however, RAE may elect to partially fund proposals, or may request other project or budget modifications prior to finalizing awards. Reporting Requirements Grantees must submit semi-annual (six month) progress and quarterly financial reports as well as a final report, in accordance with the programmatic conditions of EPA Cooperative Agreement 83967501. RAE will provide grantees with the format of semi-annual and final reports upon award. Information included in the final report will be used by RAE and EPA in public communication materials and performance reports. In addition to semi-annual reports, grantees will also be required to provide supporting visuals such as pictures, graphics, and/or videos in order to more fully tell a compelling story of their project. 279 Outreach and Technology Transfer Outreach and technology transfer will be critical components of the CWG Program. Applicants must demonstrate how they will publicize the project approach and results, both to a general/lay audience and to resource managers on the local and national level. As part of this effort, grantees will be required to participate in an annual tech transfer webinar to share best practices and lessons learned with other grantees. Grantees are encouraged to participate in regional and national events aimed at sharing progress and results with organizations and resource managers. Applicants are encouraged to include registration and travel funds in their budgets in order to facilitate attendance at such gatherings. Sharing of Data and Results If environmental data will be collected by grantees, they will be required to ensure these data are transmitted into the Storage and Retrieval Data Warehouse annually or upon project completion using WQX or WQXweb. Continuous water quality data are not required to be transmitted into the STORET Data Warehouse. More information about WQX, WQXweb, and the STORET Warehouse, including tutorials, can be found at www.epa.gov/waterdata/water-quality-data-wqx. Additionally, applicants are expected to share project information and results at the collaboration and technology transfer meetings described above. Quality Assurance All grantees will be required to comply with Quality Assurance/Quality Control (QA/QC) requirements and develop a Quality Assurance Project Plan (QAPP) as a deliverable. Draft QAPPs must be submitted at least 60 days prior to beginning data collection or use in order to provide sufficient time for review. No data collection/use activities may occur until the QAPP has been reviewed and approved by EPA. As a result, applicants must include a QAPP submittal as a deliverable within the first quarter of the project and include sufficient resources and time to do so. Grant recipients are responsible for development of an approved QAPP and must identify within the full proposal the means by which they plan to complete the QAPP (for example, through contract support or in-house). RAE will assist grantees in coordinating QAPP submittals to EPA. Applicants unfamiliar with the QAPP development and approval process are encouraged to contact RAE for assistance in QAPP planning and development prior to proposal submittal. Payment Grantees will be paid in compliance with the standards in 2 CFR 200.305. Grantees will be paid on a reimbursement basis. Project costs will be reimbursed on the basis of documented, incurred expenses. Reimbursement requests shall be submitted at least quarterly and at most monthly. RAE will provide reimbursement within 30 calendar days of receipt of the grantee's payment request unless there are questions regarding the propriety of all or part of the reimbursement request. Acknowledgement of Funding Any reports, documents, publications, or other materials developed for public distribution supported by this assistance agreement shall contain the following statement: "This project has been funded wholly or in part by the United States Environmental Protection Agency under cooperative agreement 83967501 to Restore America's Estuaries. The contents of 10 280 this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the EPA endorse trade names or recommend the use of commercial products mentioned in this document." Invasive Species Grantees and all team partners, including subcontractors, must monitor their project to ensure it does not facilitate the introduction or spread of invasive species. B. Letter of Intent Requirements and Limits Letters of intent (LOI) allow RAE to provide preliminary review of project ideas in order to determine whether a full proposal will be requested and to provide comments to applicants. Please adhere to the LOI submittal format, page limits, and deadlines as described below. All materials must be submitted via the online submittal portal, which may be accessed via https://estuaries.org/coastal-watershed-grants/. Applicants are strongly encouraged to develop all the materials and text prior in a separate document, with particular attention to word limits, and then input the required information to the site. The following information is required for the LOI: 1. General information • Applicant organization name and address; • Point of contact name, email address, and phone number; • Project lead name and contact information, if different from LO1 point of contact; • Applicant organization System Award Management (SAM) registration status and current expiration date - a SAM account can be created for free at sam.gov; • Applicant organization Unique Entity ID (UEI) — the UEI will be automatically generated as part of developing or maintaining a SAM account; • Applicant organization EIN (Employer Identification Number) • Name of project • Project summary (50 word maximum) • Location of project: state, city, zip code, and street address (if applicable), latitude and longitude coordinates, and name of water body (if applicable); • Project cost: total amount of CWG funds requested, total amount of non-federal matching funds (or waiver for non-federal match); and • Signature and role of authorized organizational representative (e.g. executive director, board chair, town manager, etc.) — note that this signature needs to come from someone with authority to approve the project and the needed administrative support and/or staffing but does not necessarily to be the head of the entire organization. For example, a department chair at a university will suffice and the president's signature is not needed. 2. Project details [2A] Project Purpose: What threat(s) to our nation's estuaries and coasts does this proposed project seeks to solve? How will this project, specifically, contribute to solving the problem? What is the long-term vision of the project? 150 word maximum. 11 281 [213] Project Description: Summarize the overall project approach and provide a brief workplan, including principal tasks, major deliverables, and realistic schedule, including the duration of the project period. Specify which RFP priority or priorities will be addressed and solved. 150 word maximum [2C] Impact: Describe the impact of the project, on geographic (e.g., local, regional and/or national) and/or temporal (e.g., months, years, decades) levels. Also detail the outcomes of the project (ecological, institutional, etc.) and provide metrics as to how they will be measured. 150 word maximum. [2D]. Relevance to local priorities: detail how the project relates to and carries out the priority actions in one of the 28 NEP Comprehensive Conservation and Management Plans (CCMPs), or other existing state or locally approved community-based watershed management plan. A list of NEP CCMPs is available at https://www.epa.gov/nep/comprehensive-conservation-and- management-plans. 150 word maximum. [2E]: Project team: list project partner(s) and briefly describe the role of each. Note that these entities are contributing materially and will be included in the budget, whether as a recipient of funds or as one providing non-federal match. Please differentiate between sub -awards and contractors. For more information, see https://www.epa.gov/sites/default/files/2016- 02/documents/gmc subaward policy appendix a subrecipient v contractor distinction O.pd f Teams should reflect the community or communities in which the project will occur. Applicants must demonstrate meaningful engagement and community support of the project. 200 word maximum. [2F] Outreach and Technology Transfer: Include a brief outreach plan, which should describe how you will publicize and share the project approach and its results, both to a general/lay audience and to resource managers on the local and national levels. 150 word maximum. [2G]. Map: include a map of the location and clearly demonstrates how the project occurs within the CWG Program delineated geographic areas. Applicants are strongly urged to use the mapper EPA developed to facilitate the creation of a project boundary map. The tool is available via https://arcg.is/luiDl1. Follow the instructions in the user guide and you will be able to develop a PDF to include in your proposal. One page maximum. 3. Letter of Acknowledgement from Local NEP If one of the 28 NEPs is not a project team member, LOIS must include a letter from the NEP within the identified geographic boundary acknowledging the project proposal. To determine the closest NEP, use the NEP interactive map and zoom function. Once you have determined which NEP site is closest, download the file entitled "NEP Contacts" available at EPA's NEP Coastal Watersheds Award Overview webpage to get the name and email of the appropriate site director. Please reach out to the NEP director well in advance of when you plan to submit your proposal to allow sufficient time for them to provide the letter. It is incumbent on the applicant to meet the required deadlines. 12 282 The letter does not need to endorse the project, nor would the letter be seen as support of the application (e.g., general backing and/or commitment of resources such as staff time or match). Rather, the intent is to ensure that the local or closest NEP is aware of the project proposal with the goal of increasing transparency and partnering opportunities to address the urgent and challenges issues identified in the RAE subaward. 4. Budget The LOI requires only the budget amounts, while the full proposal requires a budget narrative to provide additional information on project costs. LOIS and proposals that provide clear, complete, and defensible information on project costs are much more likely to be selected for funding. It is expected that figures in the LOI budget will be preliminary, while the full proposal should include solidly established costs and cost estimates. The budget must provide justification for all costs, including those for partners. Round all costs to the nearest dollar— do not include cents. Applicants should devise the budget separately to ensure correct federal cost categories, totals, etc. Table 1 provides an example budget table format that includes the budget categories for both LOIS and full proposals. Please use the federal cost categories as shown. Please note that there is no "Construction" category. Construction costs should be listed under "Contractual" if contracted out; or if performed directly by a grantee or partner, labor costs may be listed under "Personnel," and equipment under "Equipment." Note all sources of match and whether cash or in-kind. Total non-federal match percentage must be at least 33% of request (or 25% of total project cost), unless a match waiver has been requested. Proposals providing a greater match percentage will receive no additional benefit in scoring. Match percentage is calculated as follows: ((non-federal match)/(request)) x 100 = match percentage. Do not include letters of commitment or other match documentation with LOIS; this type of supporting document is required for full proposals only. If a waiver for the non- federal match is requested, please provide the information in the online portal as required. CWG Program funding will reimburse grantees for reasonable indirect costs related to the execution of funded projects. The calculation of indirect costs and amount of reimbursement depends on the type of organization, and whether it has an approved NICRA (negotiated indirect cost rate agreement) on file with a federal agency. The following bullets summarize the process for calculating indirect costs for several types of organizations and cost -rate approvals. Please contact Suzanne Simon at ssimon@estuaries.org for additional information. • Organizations with a current, approved NICRA: Organizations with a current federally - approved NICRA may charge their full federally approved indirect rate to the base (modified total direct costs (MTDC) or otherwise) in their indirect cost rate agreement. Applicants may, but are not required to, propose to use a lower rate and apply unrecovered indirect costs to their match requirement. • Organizations without an approved NICRA: For applicants that have never had a NICRA with a federal agency, the applicant may use the de minimis indirect cost rate of 10% of MTDC. MTDC (as defined under 2 CFR §200.68) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and the first $25,000 of each subaward (regardless of the period of performance of the subawards under the 13 283 award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs (i.e., lab space), tuition remission, scholarships and fellowships, participant support costs, and the portion of each subaward in excess of $25,000. Note: Organizations with an approved NICRA need not calculate MTDC if the base for distributing indirect costs in their rate agreement with the cognizant federal agency differs from MTDC. Rather, show the calculated NICRA indirect cost below "Total Direct". Calculation and Presentation of Costs • The "Personnel" category should only include employees of the applicant organization (Le. those receiving W -2s from the applicant organization). All other team members would go under the "Contract" or "Other" category depending on the nature of the relationship — specifically, if the arrangement will be one of a contract or subrecipient. For more information on the differentiating between contracts and subrecipients, please see https://www.epa.gov/sites/production/files/2016- 02/documents/gmc subaward policy appendix a subrecipient v contractor distincti on O.pdf. • Salaries and fringe may be calculated on an hourly or percentage basis, and must show cost calculations per employee and not a lump sum. If cost rates are expected to increase over the period of the grant (e.g., annual pay increases), factor in such increases so that total cost reflects actual cost over the period of the grant. Please provide employee's title for each employee listed. • Fringe amounts cannot be included in the salary line and must be listed separately. • Funds listed on the travel line should only include travel performed by employees of the applicant. Travel by other team members should be included in "other" or "contracts." • RAE recognizes that cost estimates will be necessary in some instances, for example construction contracts that will be competitively bid. Please note cost estimates where used. • Contracts or sub -contracts awarded by grantees with CWG funding must be selected through competitive bidding procedures consistent with federal requirements (2 CFR 200) as well as the grantee's own purchasing procedures. • Include sufficient budget for QAPP development, as all projects will require one. QAPPs may be developed in-house or through a consultant contract — contact RAE for assistance in QAPP planning. • Funds may not be used to purchase food or beverages. • Tuition and tuition -related costs may not be funded nor offered to satisfy the non- federal match requirement. • Vehicle mileage may be calculated at $0.655 per mile, which is the IRS approved rate for 2023. • Equipment is generally durable property valued at more than $5,000 per unit — see 2 CFR 200 for guidance. • If you anticipate earning program income as part of your project, show the source, estimated amount, and how it will be used. All funds generated must be used toward the project. 14 284 Table 1. Example budget table showing a project proposal for the imaginary "Friends of the Estuary (FOTE)." In this example, the non-federal match as percent of the funding request is 41% and 29% of the overall project total. Federal procurement requirements must be followed as described earlier. Cost Item or Category Cost Basis CWG Funding Total Non- Request Federal Match Match Source Total Cost Personnel Zoe Spartina, FOTE Senior Scientist 2,496 hours @ $37.50/hr $ 73,600 $ 20,000 Mackerel Fund $ 93,600 Neveah Ostrea, FOTE Communications Manager 1,600 hours @ $30/hr $ 40,000 $ 8,000 FOTE unrestricted $ 48,000 Total Personnel $ 113,600 $ 28,000 $ 141,600 Fringe Fringe, FOTE Staff 25% of FOTE $ 28,400 $ 7,000 As above $ 35,400 Total Fringe $ 28,400 $ 7,000 $ 35,400 Travel Mileage to outreach meetings 213 miles @ $0.655/ mile $ - $ 140 FOTE unrestricted $ 140 Travel to national conference $ 2,000 $ - $ 2,000 Total Travel $ 2,000 $ 140 $ 2,140 Equipment ACME water quality probe $ 7,000 $ - $ 7,000 Total Equipment $ 7,000 $ $ 7,000 Supplies Office Supplies $ 500 $ $ 500 Total Supplies $ 500 $ $ 500 Contractual BMP Marine Contractors $ 7,500 $ - $ 7,500 Zachary Panopea, Oystertown Town Planner 160 hours @ $35/hr $ - $ 5,600 Oystertown General Fund $ 5,600 Total Contractual $ 7,500 $ 5,600 $ $ 13,100 Other Boat Rental $ 5,000 $ 5,000 FOTE volunteers 891 hours @ $28.54 $ - $ 25,430 In-kind $ 25,430 Total Other $ 5,000 $ 25,430 $ 30,430 Total Direct $ 164,000 $ 66,170 $ 230,170 Indirect NICRA or MTDC MTDC in this Example (excludes equipment) $ 157,000 $ 66,170 $ 223,170 Allowable Indirect Cost Non-NICRA: up to 10% of MTDC $ 15,700 $ 6,617 $ 22,317 Grand Total Direct t 1 `` �` 179,700 $im $ 252,487 15 285 C. Full Proposal Requirements and Limits, if invited to submit 1. General information • Applicant organization name and address; • Point of contact name, email address, and phone number; • Project lead name and contact information, if different from LOI point of contact; • Applicant organization System Award Management (SAM) registration status and current expiration date - a SAM account can be created for free at sam.gov; • Applicant organization Unique Entity ID (UEI) — the UEI will be automatically generated as part of developing or maintaining a SAM account; • Applicant organization EIN; • Name of project; • Project summary (50 word maximum); • Location of project: state, city, zip code, and street address (if applicable), latitude and longitude coordinates, and name of water body (if applicable); • Project cost: total amount of CWG funds requested, total amount of non-federal matching funds (or waiver for non-federal match); • Signature and role of authorized organizational representative (e.g. executive director, board chair, town manager, etc.) — note that this signature needs to come from someone with authority to approve the project and the needed administrative support and/or staffing but does not necessarily to be the head of the entire organization. For example, a department chair at a university will suffice and the president's signature is not needed. 2. Project details [2a] Project Purpose: What threat(s) to our nation's estuaries and coasts does this proposed project seeks to solve? How will this project, specifically, contribute to solving the problem? What is the long-term vision of the project? 500 word maximum. [26] Project Description and Timeline: Summarize the overall project approach and provide a brief workplan, including principal tasks, major deliverables, and realistic schedule. Provide a brief description, by quarter from the contract start date, for anticipated project activities and deliverables, along with which entity(ies) will be responsible. E.g. "Quarter 1— initiate team meetings, submit permit applications — XYZ organization." Please note any critical timing that may change due to external restrictions, such as activity windows related to federal or state listed species. Ensure that the QAPP is a deliverable for the first quarter to allow sufficient time for development and EPA review and approval. Specify RFP priority or priorities will be addressed and solved. 1000 word maximum [2C] Impact: Describe the impact of the project, on geographic (e.g., local, regional and/or national) and temporal (e.g., months, years, decades) levels. Also detail the outcomes of the project (ecological, institutional, etc.) and metrics as to how they will be measured. Provide a vision on how the effort will be maintained or sustained following the project period. 500 word maximum. [2D]. Relevance to local priorities: detail how the project relates to and carries out the priority actions in one of the 28 NEP Comprehensive Conservation and Management Plans (CCMPs), or other existing State or locally approved community-based watershed management plan. 500 word maximum. [2E]: Project team: list project partner(s) and briefly describe the role of each. Note that these entities are contributing materially and will be included in the budget, whether as a recipient of funds or as one providing non-federal match. Please differentiate between sub -awards and contractors. For more information, seehttps://www.epa.gov/sites/default/files/2016- 02/documents/gmc subaward policy appendix a subrecipient v contractor distinction O.pd f Teams should reflect the community or communities in which the project will occur. Applicants must demonstrate meaningful engagement and community support of the project. 500 word maximum. [2F] Outreach and Technology Transfer: Include a brief outreach plan, which should describe how you will publicize and share the project approach and its results, both to a general/lay audience and to resource managers on the local and national levels. 500 word maximum. [2G]. Map: include map of the location and clearly demonstrates how the project occurs within the CWG Program delineated geographic areas. Applicants are strongly encouraged to use the mapper which can be found by going to https://arcg.is/luiDel. Additional maps and figures that provide additional details regarding the project may also be included. Letter of Acknowledgement from local NEP — see LOI requirements. The same letter may be used for both the LOI and full proposal. 4. Supporting Documents: photos, schematics, letters of support, etc. The full proposal provides the opportunity to include additional supplementary information, such as photos, site drawings, or brief supporting documents. Budget — see LO1 section for details and information regarding cost categories and prohibitions. Please note that the full proposal budget is expected to be as close to final as possible and include a detailed budget narrative explaining the costs, expenditures, and non-federal match. Please include both the summary spreadsheet and a prose narrative. D. Evaluation Frameworks Proposals that omit required elements or that do not adhere to specified page limits will not be accepted or evaluated. RAE reserves the right to accept or reject any proposal on the basis of its sole determination that the proposal meets, or does not meet, program goals and objectives. LOIS will be evaluated in their entirety on a four -point scale as follows: 1— Fails to meet CWG Program goals and priorities and/or does not contain one or more required elements— non -qualifying application. 2 —Adequately meets program goals and priorities but needs strengthening— qualifying application. 3 — Meets program goals and priorities well — qualifying application. 4—Strongly meets program goals and priorities — outstanding project potential. 17 287 The review panel will judge the quality of full proposals using the scoring system described in Table 2. Proposals that do not adhere to the specified application format and requirements will not be evaluated. In choosing the final projects, the review panel will also take geographic diversity into account to ensure that funding goes to a number of different areas or regions. Table 2. Full proposal evaluation framework. Proposal Section Point Range 1. General information n/a 2. Project Details 2.A. Purpose 0-3 2.B. Project Description & Timeline 0-7 2.C. Impact 0-7 2. D. Relevance 0-3 2.E. Project Team 0-3 2.F. Outreach and Technology Transfer 0-3 2.G. Map 0-1 3. Letters of Acknowledgement from local NEP 0-1 4. Supporting Documents n/a 5. Budget 0-7 Total 0-35 E. Submitting a Proposal Develop the application elements and submit them online via the submittal portal, which can be accessed via https://estuaries.orp/coastal-watershed-grants/2023-coastal-watersheds-grant/ by 8:00 p.m. ET/5:00 p.m. PT on Friday, May 5, 2023 for LOIs and by 8:00 p.m. ET/5:00 p.m. PT on Friday, July 21, 2023 for invited full proposals. Applicants are encouraged to file early to avoid transmittal delays and provide time to rectify any problems prior to the deadline. All information must be submitted via the submittal site and not by email or other means. Applications may include internet hyperlinks to supporting information (organizational websites, supporting documents, etc.). However, the application should be self-contained for purposes of review and reviewers should be able to fully evaluate your proposal regardless of whether s/he chooses to follow the links. Do not include references, footnotes, or endnotes. F. Documentation of Timely Submittals and Problems with Submittals As noted above, the LOI or full proposal information must be submitted online via the submittal portal, which is accessible via https://estuaries.org/coastal-watershed-grants/2023-coastal-watersheds-grant/. Submittal deadlines are listed above. Upon successful submittal, applicants should see a message on the screen that says, "Thank you for submitting a 2023 Coastal Watersheds Grant 1_01". We suggest that you 18 288 take a screen shot for your records. If you do not see this message, please contact Suzanne Simon at ssimon@estuaries.org to ensure that your submittal was successful. All applications must meet the deadlines listed above and must be complete as directed at the time of submittal. In the event of documented transmittal problems, corrupted files, or other technology problems, RAE will make every effort to accept applications that were submitted correctly, but not received due to problems outside the control of the applicant. However, to minimize the chance that a proposal cannot be accepted, we encourage applicants to submit proposals with sufficient time to rectify these kinds of problems prior to deadlines. G. Award Timeline • March 9, 2023: RFP release date • March 15 & 20, 2023: informational webinars for interested applicants • May 5, 2023: LOIS due • June 23, 2023: Notify LOI applicants regarding status (i.e. if they have been invited to submit a full proposal or not) • July 21, 2023: Full proposals due if invited to do so • September 15, 2023: Notify applicants of selection status; award process begins • September 30, 2025: All subaward efforts completed • October 31, 2025: All subaward invoices and final reports submitted to RAE INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: John A. Titkanich, Jr., County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director FROM: Jill M. Williams, Contract Support Specialist .. t SUBJECT: FDOT Supplemental Agreement No. 4 to Agreement FM No. 431759-2-54-01 and Resolution Authorizing the Chairman's Signature for the Construction of Intersection Improvements at SR -60 and 43rd Avenue, IRC -0853 DATE: April 3, 2023 DESCRIPTION AND CONDITIONS On March 7, 2017, the Board of County Commissioners approved Resolution No. 2017-020 and County Incentive Grant Program (CIGP) Agreement FM No. 431759-2-54-01 with the Florida Department of Transportation (FDOT) for the construction and construction engineering inspection (CEI) Services for intersection improvements at SR -60 and 43rd Avenue. The FDOT CIGP grant amount approved was $7,291,146.00 to be shared equally by FDOT and Indian River County for a total of $3,645,573.00 each and was executed by the FDOT on March 20, 2017. On June 4, 2019, the Board approved Resolution No. 2019-038 and Amendment Number One to increase funding by $5,880,636.00 for a new total amount of $13,171,782.00 (with the FDOT and IRC sharing equally in the amount of $6,585,891 each). Amendment Number Two and Resolution 2020-067 were approved by the Board on September 15, 2020 to update deliverables and extend the completion date of the agreement until December 31, 2022. Supplemental Agreement No. 3, approved by the Board on October 4, 2022, is for additional FDOT funding in the amount of $403,538 and time for a drainage trunk line located under Eastbound SR60 that was an unforeseen, pre-existing condition. The new grant total amount will be $13,575,320.00 with the FDOT funding $6,989,429.00 and the County funding $6,585,891.00. The FDOT has requested Indian River County execute and deliver Supplemental Agreement No. 4 to CIGP Agreement FM No. 431759-2-54-01 to extend the term of the Agreement from June 30, 2023 to December 31, 2023 for delays in availability of materials and construction activities. A Resolution authorizing the chairman to execute this Supplemental Agreement No. 4 to CIGP Agreement FM No. 431759-2-54-01 is also included. FUNDING The FDOT is funding $6,989,429.00. Funding for the County's total grant cost share amount of $6,585,891.00 will be funded by Optional Sales Tax/43rd Ave — 18th St to 26th St/Account Number 31521441-066510-06041. No additional funding is required for this Supplemental Agreement No. 4. ff Page Two BCC Agenda Item for April 18, 2023 FDOT Supplemental Agreement No. 4 RECOMMENDATION Staff recommends the Board of County Commissioners approve Supplemental Agreement No. 4 to the CIGP Agreement FM No. 431759-2-54-01 and Resolution and authorize the chairman to execute the same. ATTACHMENTS Authorizing Resolution Supplemental Agreement No. 4 to CIGP Agreement FM No. 431759-2-54-01 APPROVED AGENDA ITEM FOR APRIL 18, 2023 291 C:\Granicus\Legistar5\L5\Temp\6ece930b-bIbI-4f78-a535-e3312e4f61bLdoc RESOLUTION NO. 2023 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 4 TO THE COUNTY INCENTIVE GRANT PROGRAM (CIGP) AGREEMENT FM NUMBER 431759-2-54-01 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION AND CONSTRUCTION ENGINEERING INSPECTION SERVICES FOR INTERSECTION IMPROVEMENTS AT STATE ROAD 60 AND 43RD AVENUE. WHEREAS, the intersection improvements at SR -60 and 43rd Avenue are an Indian River County priority project; and WHEREAS, on March 20, 2017, the Florida Department of Transportation (FDOT) and Indian River County entered into a County Incentive Grant Program (CIGP) Agreement FM 431759-2-54-01 wherein the FDOT is prepared to provide funds to share the cost for the construction and construction engineering inspection (CEI) services for the intersection improvements at SR -60 and 43rd Avenue and have since entered Amendment 1 and 2 and Supplemental Agreement 3 to update deliverables, increase funding and extend the agreement until June 30, 2023; and WHEREAS, the State of Florida, Department of Transportation has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, this Supplemental Agreement No. 4 to extend the length of the contract until December 31, 2023; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, Supplemental Agreement No. 4 to CIGP Agreement FM No. 431759-2-54-01 for the aforementioned project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, Supplemental Agreement No. 4 to CIGP Agreement FM 431759-2-54-01 for the project. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner vote, the vote was as follows: Chairman Joseph H. Earman Vice -Chairman Susan Adams Commissioner Laura Moss Commissioner Joseph E. Flescher Commissioner Deryl Loar Page 1 of 2 C:\G ra n icus\Legista r5\L5\Tem p\42814 bfa-bdca-47e 6-b6ae-9f2c64e30be7.doc who moved its and, upon being put to a 292 RESOLUTION NO. 2023 - The Chairman thereupon declared the resolution passed and adopted this day of , 2023. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Joseph H. Earman, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney Page 2 of 2 C:\Granicus\Legistar5\L5\Temp\42814bfa-bdca-47e6-b6ae-9f2c64e30beZdoc 293 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT SUPPLEMENTAL AGREEMENT SUPPLEMENTAL NO. 04 CONTRACT NO. GOK60. FPN 431759-2-54-01 Recipient: Indian River County This Supplemental Agreement ("Supplemental"), dated 525-010-60 PROGRAM MANAGEMENT 12/1'3 Page 1 of 2 arises from the desire to supplement the State -Funded Grant Agreement ("Agreement") entered into and executed on March 20, 2017 as identified above. All provisions in the Agreement and supplements, if any, remain in effect except as expressly modified by this Supplemental. The parties agree that the Agreement is to be amended and supplemented as follows: On March 20, 2017 the County Incentive Grant Program Agreement was executed. On June 12, 2019, the parties executed Amendment Number One, which increased funding of FIVE MILLION EIGHT HUNDRED EIGHTY THOUSAND SIX HUNDRED THIRTY SIX DOLLARS AND NO CENTS ($5,880,636.00) for the Project, as a result of an increased construction cost estimate; and extended the term of Agreement to December 30, 2020. On October 21, 2020, the parties executed Amendment Number Two, to extend the Agreement to December 31, 2022; and to revise Exhibits C and A, Project deliverables. On October 19, 2022 The parties executed Amendment Number Three to make the Agreement compliant with applicable Florida Statutes; to increase the total funding needed for the Project's construction and CEI services; to update certain Project Exhibits; and to extend the term of the Agreement from December 31, 2022 to June 30, 2023 The purpose of this Supplemental Agreement is to extend the term of the Agreement from June 30, 2023 to December 31, 2023. Reason for this Supplemental and supporting engineering and/or cost analysis: The County experienced delays in the availability of materials and construction activities that resulted in a revised project schedule. This Supplement Agreement extends the terms of the executed State Funded Grant Agreement (SFGA) from June 30, 2023 to December 31,2023 in order to align with the revised construction schedule and to avoid agreement expiration prior to Project completion 294 IN WITNESS WHEREOF, this AMENDMENT is executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Amendment by Resolution No. , hereto attached. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY (Name of RECIPIENT) MM TITLE: CHAIRMAN Print Name: JOSEPH H. EARMAN Date: ATTEST: Jeffrey R. Smith, Clerk of Court & Comptroller , Deputy Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MM TITLE: DIRECTOR OF TRANSP. DEVELOPMENT Print Name: Date: OFFICE OF THE GENERAL COUNSEL LEGAL REVIEW: APPROVED AS TO FORM & LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW: Print Name: WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY 295 01 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Sebastian Inlet Technical Advisory Committee Update DATE: April 10, 2023 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) Office of Resilience and Coastal Protection's Coastal Engineering and Geology staff are charged with establishing or updating Inlet Management Plans (IMPS) that identify comprehensive approaches for addressing the erosive impacts of Inlets on adjacent beaches per Florida Statutes Chapter 161. Coordination among local governments, state agencies and the private sector is a critical component when creating or updating IMPS. Indian River County (IRC) participated in the 2000 FDEP Technical Review Committee in which the initial Sebastian Inlet Management Plan was developed. IRC participated again in 2004 when an update to the Sebastian Inlet District's IMP was recommended, with adoption of the update taking place in 2008. As a result of on-going studies in and around the Sebastian Inlet and adjacent beaches since the 2004 update, a better understanding of the transport of sand has been obtained. As such, the FDEP convened a Technical Advisory Committee (TAC) on January 26, 2022 for involving key stakeholder groups and professionals to utilize the most recent scientific information available to provide technical expertise and feedbackto the FDEP for decision making in order to update to the Sebastian Inlet IMP. Representation on the 2022 TAC included the FDEP, the Sebastian Inlet Tax District Commission, Brevard County, Indian River County and a local stakeholder contingency. Indian River County received technical support for its' TAC participation through APTIM Environmental and Infrastructure, LLC (APTIM) under the Continuing Contract Agreement for Continuing Engineering Services. Since the initial January 26, 2022 TAC meeting, 3 additional meetings were held in which voluminous data was shared with the committee members. The data was presented in order to support an update the Inlet's IMP, which includes the sediment budget, monitoring programs and other management strategies. At the April 5, 2023 fourth and final TAC meeting, the TAC members discussed their respective update scenarios and proposed sediment budgets for the IMP, with the goal of concluding the�§6 Sebastian Inlet District TAC Update April 18, 2023 BCC Meeting TAC with agreement on a comprehensive update strategy for the Sebastian Inlet IMP. Supported by advanced shoreline modeling efforts performed by APTIM, IRC and TAC members came to an agreement on an updated sediment bypass volume of 75,000 cubic yards on average peryearthat the Sebastian Inlet District would be responsible for placing on the downstream beaches within IRC to address the erosive impacts of the Sebastian Inlet. That volume has since been recommended to the FDEP for inclusion in the updated IMP. Specifics to the proposed updated comprehensive IMP are currently being worked out, and Staff anticipates bringing before the BCC an update to the recently extended Memorandum of Understanding (MOU) for Coordination of Supplemental Beach Nourishment and Related Coastal Activities between IRC and the Sebastian Inlet District. The MOU update is expected to identify how the Sebastian Inlet District and IRC will continue to work cohesively in order for the Sebastian Inlet District to comply with the update to the IMP when adopted. 111101010150 This update is being provided for information purposes and does not require any funding. RECOMMENDATION Staff requests that the Board continue to support Staff as approaches towards updatingthe MOU are discussed, with the MOU being brought back before the BCC at a later date for approval. APPROVED AGENDA ITEM FOR April 18, 2023 297 ►`'k,<: INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM r Assistant County Administrator / Ar Department of General Services Date: April 11, 2023 To: The Honorable Board of County Commissioners Thru: Michael C. Zito, Interim County Administrator Beth Powell, Acting General Services Director From: Leigh Anne Uribe, Human Services Program Coordinator Subject: Children's Services Advisory Committee's Recommendation of Request for Proposal, Grant Application and Agency Grant Contract for FY 2023-2024 BACKGROUND: With an emphasized commitment to Children's Services in Indian River County, the Board of County Commissioners adopted Ordinance No. 2022-007 on May 17, 2022. The Ordinance increased the maximum millage cap to 0.2500 mills, up from the previous cap of 0.1250 mills. The Ordinance also reflects several changes involving membership and duties of the Children's Services Advisory Committee and its sub -committees. On September 13, 2022, the Indian River County Health Department and Board of County Commissioners approved a Termination of Agreement with the Indian River County Health Department for Human Services Restructuring. Pursuant to the Memorandum of Agreement (approved in 2006), the Indian River County Health Department administered the Human Services Program and the Children's Services Program. With the termination of this Agreement, the County has now assumed responsibility for administering the Programs. This year, the County has approved record level funding to be allocated to children's services programs through a competitive grant process open to organizations serving local children. Additionally, the Ordinance provides for administrative expenses including a periodic Children's Needs Assessment and for Indian River County staff who are responsible for implementing the Children's Services program in an amount not to exceed 8% of the annual funding. The commitment further provides for the addition of an executive director or manager. The director will oversee and support the services of the program including, but not limited to, developing policies and procedures, overseeing the Grant RFP process, updating the Children's Services Program Guide, maintaining necessary records, overseeing audits and measurable outcomes, coordinating with community organizations and grantees, leveraging County funding with other funding sources, and providing general oversight of the Human Services Division. DESCRIPTION AND CONDITIONS: Each year, in accordance with Section 103.24(2) of the Indian River County Code, the Children Services Advisory Committee (CSAC) initiates the grant process for the next fiscal year by identifying and prioritizing unmet and under -met needs of children living in Indian River County. Once determined, the RFP is written and then advertised, outlining the Focus Areas of Need ae funding priorities therein. Additionally, the full RFP includes instructions, administrative requirements, evaluation criteria, and general guidelines for agencies applying for funding. By recommendation of the Children Services Advisory Committee, attached is the Request for Proposal (RFP), the Grant Application and the Agency Grant Contract as pertaining to the funding of children's programs in Indian River County for FY 2023-2024. FUNDING On March 7, 2023, the Board approved the children's services funding for fiscal year 2024 in the amount of $2,773,383. Pursuant to Section 103.27(14) of the County Code, funds shall be used for administrative expenses in an amount not to exceed eight (8) percent of the approved children's services budget. For FY24, the total budgeted administrative expenses are $205,607 which include staff salaries and the cost of conducting a children's needs assessment and is within the allowed eight (8) percent or $221,870. Children's Services 2024 Needs Assessment $50,000 Human Services Program Coordinator 75% FTE plus benefits $64,377 Human Services Managing Director 75% FTE plus benefits *$88,630 EC Impact Software Annual Fee $2,600 Total Administrative Expenses $205,607 FY23-24 Children's Services Programs Grant Funds $2,567,776 *projected (position currently advertised) RECOMMENDATION: Staff recommends that the Board accept the FY23-24 Children's Services Program Request for Proposal, the FY23-24 Children's Services Program Grant Application, and the FY23-24 Children's Services Program Sample Agency Grant Contract as submitted. ATTACHMENTS (6): FY23-24 Children's Services Program Request for Proposal FY23-24 Children's Services Program RFP Notification FY23-24 Children's Services Program Grant Application FY23-24 Children's Services Program Evaluation Form FY23-24 Children's Services Program Sample Agency Grant Contract Termination of Memorandum of Agreement for Human Services Department Restructuring APPROVED AGENDA ITEM FOR APRIL 18, 2023 299 2023-2024 REQUEST FOR PROPOSAL CHILDREN'S SERVICES ADVISORY COMMITTEE The Children's Services Advisory Committee (CSAC), an advisory committee to the Indian River County Board of County Commissioners, is now accepting applications for the grant period beginning October 1, 2023 through September 30, 2024. This Request for Proposal (RFP) allows not-for-profit and for-profit organizations, government agencies and individuals, to apply for funding of children's programs in Indian River County. Organizations submitting proposals will be required to demonstrate how their proposed program's focus and impact are aligned with at least one of the Focus Areas of Need outlined below. Please review the full RFP attachment for complete details and instructions. The deadline for submission is 5 PM, MONDAY, MAY 15, 2023. FOCUS AREAS OF NEED 1- Early Childhood Development. This encompasses birth to age 5. For the younger children this would mean improving their interactions with caregivers beginning at birth and with focus on physical, social emotional and cognitive development. It would include improving the quality of childcare, Pre -K and Voluntary Pre -K providers. Providers must complete developmental screenings at appropriate intervals and make referrals where necessary. 2 - Quality remediation and enrichment programs that include a meaningful component of social emotional skill building and academic instruction. Programs should be free/affordable and accessible (transportation) to parents and children. They should include quality instruction, be properly staffed and have enough dosing to make a meaningful impact on a child. We hold agencies to a high standard of what constitutes academic enrichment and intervention. Mentoring programs are included. 3 - Build Parent Capacity. This encompasses improving parenting skills at every age of a child's life and providing support mechanisms for parents, including the pre -natal period. Parents should be taught the importance of wellness of the whole child (medical, dental, mental health and developmental) in addition to meeting their basic needs. A priority would be new parents, first-time and single parents and those in the poverty pockets. Additionally, parents need to be assisted in obtaining developmental screenings at all stages of a child's development starting at 2 months. 4 - Programs that address risky youth behavior. Evidence -based programs that help children and teens develop the tools to become productive, healthy, law-abiding citizens and address risky behavior (e.g., chronic absenteeism, substance use, delinquency, violence, teen pregnancy, STDs, bullying, depression and other mental health problems). NOTE: Across all focus areas, evidence -based programs that address trauma and mental health of children, regression in school and increased substance use will be prioritized. Applicants are encouraged to attend an informational meeting on Monday, April 24, 2023 at 2 PM at the iG Center located at 1590 9`h Street SW, Vero Beach, FL, Room 112. Please contact Leigh Anne Uribe at (772) 226-1467 or LUribePIRCgov.com to register or for questions related to the RFP and grant application process. Applications are electronic only and submitted via e-Clmpact. If you do not have an e-Clmpact account or require technical assistance, please contact Nate Bruckner at (772) 567-8900 x115 or Nate. BrucknerPUnitedWaylRC.org. 300 Children's Services Advisory Committee Grant Application - CSAC 2023-2024 Grant Application PROGRAM COVER PAGE Organization Name Executive Director Name Organization Address Executive DirectorEmail Executive Director Phone Program Director Name Program DirectorEmail Program Director Phone Name of Program Identify the Focus Area (s) of Need your program will address: r Early Childhood Development Quality Remediation and Enrichment Programs Build Parent Capacity r" Programs that Address Risky Youth Behavior Description of the Program (This is the summary used to describe your program and should state how the grant will be used if awarded.) CSAC FY24 CORE APPLICATION - 1 301 AGENCY BUDGET Revenue 302 CSAC FY24 CORE APPLICATION - 2 FY 21/22 ACTUALS FY 22/23 TOTAL BUDGETED FY 23/24 PROPOSED BUDGET Percentage Change + or (-) Children's Services Council(s) CSC - St. Lucie County CSAC - Indian River County CSC - Martin County ma� :.- United Way -Indian River County United Way -St. Lucie County United Way -Martin County County Funds Department of Children & Families Other FL State Funds Federal Funds Grants for Funding Capital Expenditures Other Funders John's Island Community Service League Quail Valley Indian River County Hospital District Grand Harbor Indian River Community Foundation Other Program Fees Contributions -Cash Fund Raising Events -Net Funds from Other Sources Investment Income Legacies & Bequests Membership Dues Miscellaneous Reserve Funds Used for Operating Sales to Public -Net In -Kind Donations (Not included in total) TOTAL 302 CSAC FY24 CORE APPLICATION - 2 AGENCY BUDGET Expenditures Revenues Over/ (Under) Expenditures FY 27/22 ACTUAL FY 22/23 TOTAL BUDGETED FY 23/24 .' PROPOSE*'.. BUDGET Percentage Change + or (-) Salaries FY 21/22 TOTAL PROPOSED Change Payroll Taxes ACTUAL BUDGETED BUDGET + or (-) Employee Benefits Professional Fees Administrative Costs Advertising Audit Expense Educational Materials Books, Specific Assistance Equipment: Rental & Maintenance Food & Nutrition Insurance Occupancy Office Supplies Postage/Shipping Printing & Publications Specific Assistance to Individuals Subscription/Dues/Members hips Telephone Travel/Conferences/Training Travel -Daily Mileage Reimbursement. Utilities Other TOTAL Equipment Purchases: Capital Expense Revenues Over/ (Under) Expenditures 303 CSAC FY24 CORE APPLICATION.- 3 FY 22/23 FY 23/24 Percentage FY 21/22 TOTAL PROPOSED Change ACTUAL BUDGETED BUDGET + or (-) REVENUESOVER/UNDER EXPENDITURES 303 CSAC FY24 CORE APPLICATION.- 3 PROGRAM FUNDING REQUEST The client figures and amounts entered in this section must be consistent with those used later in the Narrative, Demographics Unduplicated Client Count, and Program Budget Sections of this application. The numbers served should NOT be duplicative of each other and should be a reasonable expectation, given the size and scope of the program. Amount Requested from CSAC for 2023/2024 0.00 Total Proposed Program Budget for 2023/2024 0.00 Percent of Total Program Budget 0.00 Current Program Funding from CSAC (2022/2023) 0.00 Dollar increase/(decrease) in request 0.00 Percent increase/(decrease) in request 0.00 Unduplicated Number of Children to be served Individually 0 Unduplicated Number of Adults to be served Individually 0 Of the total children and adults served individual, how many are served via group settings 0 Total Program Cost per Client 0.00 Please indicate reason for $ change in request. Check all that apply. r Increased number of clients r Increased operating expenses r Decreased funding from other sources 'Expansion of services r Addition of staff r Decreased number of clients r Decreased operating expenses r Increased funding from other sources r Decreased services r Decreased staff r New Program r Other If request increased by 5% or more over previous year's allocation, provide a detailed explanation as to why. If the funding request is more than 25% of the Program Budget, provide a detailed explanation as to why. How would the program maintain services in absence of CSAC funding? Does the program charge clients any fees for program services? If yes, please explain. If these funds are being used to match another source, name the source and the $ amount. 304 CSAC FY24 CORE APPLICATION - 4 The Organization's Board of Directors has approved this application on: Electronic Signature of President/Chair of the Board or Executive Director/CPO. (Entering the names of the Executive Director and Board Chair is confirmation that both parties have reviewed this application and approve its submission.) PROPOSAL NARRATIVE ❖ Organizational Capacity Provide the mission statement and vision of your organization. Mission: Vision: # of Full TimeEmployees 0 # of Part Time Employees 0 # of Volunteers 0 Agency Fiscal Year: Please briefly explain your policies and procedures on performing background checks on all staff and volunteers interacting with children? Does the Agency have a Board -approved written, active, strategic plan? If yes, when was it last updated? Does the Agency have a Board Attendance Policy? If yes, please explain the requirements, including the # of times the Board meets annually and the # of Board members. Does the Board have any current vacancies? If yes, please list. Date the Board By -Laws were last updated: Is there a Foundation and/or Endowment associated with the agency? If yes, please explain. Total amount of unrestricted cash: Describe briefly the Agency's current fundraising activities. Has your Agency EVER had any county, state or federal investigations into its operations? If yes, please explain. 305 CSAC FY24 CORE APPLICATION - 5 Provide a BRIEF summary of your organization including areas of expertise, accomplishments, and population served as it relates to this program application. ❖ Program Need Statement What is the unacceptable condition requiring change that is addressed by your program? Who has the need? Where do they live? Provide local, state, or national trend data, with reference source, that corroborates that this is an area of need in our community, and answer as directly as possible. ❖ Program Description - Be as specific and understandable as possible and focus on the indicated subject for each area. The end result of this section is to have a comprehensive understanding of what your program will accomplish in the community and how you intend to achieve your results. Briefly describe the program activities and how they address, and will reduce, the unacceptable condition (from Program Need Statement). Describe the "best practices" followed and provide evidence that indicates proposed strategies are effective with target population. Describe the frequency of the program activities. Please include bullet points for the average daily # of children in attendance, hours per day, days per week, and days per month. List staffing needed for your program, including required experience and estimated hours per week in program for each staff member and/or volunteer. Explain how the target population is made aware of the program. Explain how clients access program services? (i.e., location, transportation, hours of operation, etc.) Does the program currently utilize a waiting list? If yes, how many clients are currently on the waitlist to enter the program? Identify similar programs that are currently serving the needs of your target population and describe any efforts to minimize duplication. What differentiates your program from other similar programs? 306 CSAC FY24 CORE APPLICATION - 6 PROGRAM OUTCOMES & ACTIVITES In general, a program should have 2-3 program outcomes. The outcome indicates the measurable impact or change the program will have on the clients it serves. The outcome should detail the results of the services provided, not the services provided. Outcomes utilize action words such as maintain, increase, decrease, reduce, improve, raise, and lower. Please incorporate the following into the outcome description: * Direction of change * Area of change * Target population * Degree of change * Time frame * As measured by * Baseline: the number you will be measuring against Example Outcome: To decrease (direction of change) number of unexcused absences (area of change) of enrolled boys and girls (target population) by 75% (degree of change) in one year (time frame) as reported by the 2015-16 School Board attendance records (as measured by). Baseline: 2015-16 School Board attendance records for enrolled boys and girls. IMPORTANT NOTE: Keep in mind when developing Program Outcomes that, if funded, you will be accountable to accomplish the outcomes stated. Also, the Program Outcomes should reflect the information described in the Program Need Statement. The Program Need Statement should flow from the Mission and Vision. Measurable outcomes should be based on, and measure, program needs. Activities are the tasks you do to influence the outcome and impact the unacceptable condition in your Program Need Statement. If this is a new program for Indian River County and you have data from another county that is specific to this program application, attach a Program Outcomes Report under Support Documents. Expected Outcome /Change (Focus Area): ➢ For this outcome, report current fiscal year results to date (10/01/22 — 03/31/23): ➢ ACTUAL outcome results for the previous fiscal year: Indicator Measurements (Evidence): Program Activities (What): Frequency (How Often): Responsible Parties (Who): Data Source (Where): Time of Measurement (When): CSAC FY24 CORE APPLICATION - 7 307 COLLABORATIVE AGENCY List Collaborative Agency - Collaboration is expected to better serve the community and fill existing gaps in services. Agency Name I Program Resources Provided CSAC FY24 CORE APPLICATION - 8 DEMOGRAPHICS This data allows for comparison between what was accomplished in the last complete year, what has occurred so far in the current year, and what you expect to achieve in the coming year for which you are requesting funds. In all sections, the Totals Served should match. The figures from these sections must be in agreement with those stated in the Program Funding Request section. The data for those served as individuals and by group services should NOT be duplicative. Unduplicated Clients - Program Specific Age 10/2020- 09/2021 10/2021- 09/2022 10/2022- 09/2023 Projected 10/2023- 03/2024 Actual 10/2023- 09/2024 Projected % of Total Individual Children Children in Groups Individual Adults Adults in Groups Number of Families Total Age Ethnicity 10/2020- 09/2021 10/2021- 09/2022 10/2022- 09/2023 Projected 10/2023- 03/2024 Actual 10/2023- 09/2024 Projected % of Total Total # of Children Preschool 0-4 Elementary 5-10 Middle School 11-14 High School 15-18 Total # of Adults Young Adult 19-25 09 Adult 26-54 Senior 55+ Total Ethnicity CSAC FY24 CORE APPLICATION - 9 10/2020- 09/2021 10/2021- 09/2022 10/2022- 09/2023 Projected 10/2023- 03/2024 Actual 10/2023- 09/2024 Projected %of Total Black / African American White Hispanic / Latino Asian American Indian Other Unknown 09 CSAC FY24 CORE APPLICATION - 9 Total Income Geographic Location 10/2020- 09/2021 10/2021- 09/2022 10/2022- 09/2023 Projected 10/2023- '03/2024 Actual 10/2023- 09/2024 Projected %of:Total 100% of poverty or below 03/2024;- 09/2024 O/o of Total 101% to 150% of poverty 09/2021 09/2022 Projected Actual Projected 151% to 200% of poverty 201 % of poverty and above Unknown .. Total Geographic Location 310 CSAC FY24 CORE APPLICATION - 10 03/2024;- 09/2024 O/o of Total 09/2021 09/2022 Projected Actual Projected Indian09/2023 River .; .. y'4 „K g ov Okeechobee Z - 310 CSAC FY24 CORE APPLICATION - 10 PROGRAM BUDGET Revenue 311 CSAC FY24 CORE APPLICATION - 11 FY 21/22 ACTUAL FY 22/23 TOTAL BUDGETED FY 23/24 PROPOSED BUDGET Percentage Change + or (-) Children's Services Council(s) CSC St. Lucie County CSAC - Indian River County CSC - Martin County United Way -Indian River County United Way -St. Lucie County United Way -Martin County County Funds Department of Children & Families Other FL State Funds Federal Funds Other Funders John's Island Community Service League Quail Valley Indian River County Hospital District 4_' ° =RIP" rx,'x,� t Grand Harbor Indian River Community Foundation Other Grants for Funding Capital Expenditures Program Fees Contributions -Cash Fund Raising Events -Net Funds from Other Sources Investment Income Legacies & Bequests Membership Dues Miscellaneous Reserve Funds Used for Operating Sales to Public -Net In -Kind Donations (Not included in total) TOTAL 311 CSAC FY24 CORE APPLICATION - 11 PROGRAM BUDGET Expenses Revenue Over / (Under) Expenditures FY 21/22 ACTUAL FY 22/23 TOTAL BUDGETED FY 23/24 PROPOSED BUDGET Percentage Change + or (-) Salaries TOTAL PROPOSED Change Subcontractor Wages ACTUAL BUDGETED BUDGET + or (-) Employee Benefits Payroll Taxes Professional Fees Administrative Costs Advertising Audit Expense Educational Materials Equipment: Rental & Maintenance Food & Nutrition Insurance Occupancy Office Supplies Postage/Shipping Printing & Publications Specific Assistance to Individuals Subscription/Dues/Memberships Telephone Travel/Conferences/Training Travel -Daily Mileage Reimbursement Utilities Other TOTAL Equipment Purchases: Capital Expense Revenue Over / (Under) Expenditures 312 CSAC FY24 CORE APPLICATION - 12 FY 21/22 FY 22/23 FY 23/24 Percentage TOTAL PROPOSED Change ACTUAL BUDGETED BUDGET + or (-) REVENUES OVER / UNDER EXPENDITURES 312 CSAC FY24 CORE APPLICATION - 12 Children's Services Advisory Committee Evaluation Form 2023/2024 Agency Focus Name: Area(s): Program Name: Section A. Organizational Capacity Meets Does NOTIdentified needs to meet expectations Meet Agency's mission/purpose is clearly stated and is congruent with services to be provided. Agency's Board of Directors is an active body, representative of the community, responsible for policy setting, fiscal guidance, and ongoing governance of the organization. Agency is stable, responsive to community needs, and engages in strategic planning. Agency leverages internal and external resources in providing services for which they are seeking funding. Agency has other sources of revenue and/or has been successful in obtaining other sources of revenue, beyond CSAC funding, which supports the proposed program. Section A. Questions/Comments/ Strengths and Weaknesses: Section B. Program Information Meets Does NOT Identified needs to meet expectations Meet Program addresses a priority need(s) identified in the focus areas of need. The need for the proposed Program in Indian River County is clearly and adequately established. Program is well defined and the proposed strategies support evidence -based best practices. Agency has a demonstrated track record of successfully providing services similar to those being proposed and achieving goals and outcomes. There is a description of how services will address the underlying community issue. Proposed services and targeted results are realistically achievable and will improve the quality of life of persons served. The average cost to serve each unduplicated client is reasonable for the type of services to be provided and the goals and outcomes to be achieved. The target population to be served is clearly described and methods to be used encourage participation of the most in need and/or most at risk. 313 Page 1 of 2 Incorporates a system to provide awareness and Does NOT accessibility of the Program to the target population, Meets Meet Identified needs to meet expectations including referral networks and outreach techniques. Program is part of a coordinated collaborative approach designed to achieve a community goal, leverage existing partnerships and resources in the area, and prevent duplication of services. Section B. Questions/Comments/Strengths and Weaknesses: Section C. Outcome/Indicator Measurement Meets Does NOT Identified needs to meet expectations Meet Clearly defined and acceptable resources which are dedicated to and consumed by the Program for Program success. Program has a measurement system in place to validate results and achievement of Program goals and outcomes. Program's proposed services are sufficiently comprehensive in scope in order to achieve the Program's goals and outcomes. It is clear how unduplicated clients' per ormance is tracked and measured clearly showing advancement towards achievement of the outcomes identified, including numbers and percentages. Clearly describes the frequency, duration, intensity, and location of services and activities provided. Clearly describes the direct outputs of the Program's activities. Section C. Questions/Comments/Strengths and Weaknesses Section D. Financial Stability YES or NO Does the Agency have a foundation associated with it? Is the Agency primarily funded by State or Federal money? Does the Agency have more than three months of cash on hand? Section D. Questions/Comments/Strengths and Weaknesses Section E. Recommendation AGREE / DISAGREE Based on the evaluation, the Agency has the capacity to successfully implement the proposed program. Requested Funding: Funding Recommendation: Committee Member: Page 2 of 2 Indian River County Grant Contract This Grant Contract ("Contract") entered into effective this 1st day of October 2023 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and (Recipient) of (Address) for (Name of Program). Background Recitals A. The County has determined that it is in the public interest to promote healthy children in a healthy community. B. The County adopted Ordinance 99-1 on January 19, 1999 ("Ordinance") and established the Children's Services Advisory Committee to promote healthy children in a healthy community and to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed. C. The Children's Services Advisory Committee has issued a request for proposals from individuals and entities that will assist the Children's Services Advisory Committee in fulfilling its purpose. D. The proposals submitted to the Children's Services Advisory Committee and the recommendation of the Children's Services Advisory Committee have been reviewed by the County. E. The Recipient, by submitting a proposal to the Children's Services Advisory Committee, has applied for a grant of money ("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. F. The County has agreed to provide such Grant funds to the Recipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals. The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant. The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Recipient attached hereto as Exhibit "A" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3. Term, The Recipient acknowledges and agrees that the Grant is limited to the fiscal year 2023/24 ("Grant Period"). The Grant Period commences on October 1, 2023 and ends on September 30, 2024. 4. Grant Funds and Payment. The approved Grant amount for the Grant Period is ($ ). The County agrees to reimburse the Recipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "B" attached hereto and incorporated herein by this reference. All 315 reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 5. Additional Obligations of Recipient. 5.1 Records. The Recipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Recipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County shall have access to all books, records, and documents as required in this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 5.1.1 Cooperation. The Recipient, its directors, managers, employees, and volunteers shall cooperate with any requests for information relating to this Contract and the services and programs provided under this Contract by the County or the Clerk of Courts and Comptroller. Cooperation shall include, but is not limited to, providing records, answering questions, and participating in interviews by County or Clerk of Courts and Comptroller staff. The Recipient, its directors, managers, employees, and volunteers shall respond to requests for information within 5 business days, unless the County or Clerk of Courts and Comptroller agree to an alternative response time. 5.2 Compliance with Laws. The Recipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations. 5.3 Quarterly Performance Reports. The Recipient shall submit quarterly, cumulative, Performance Reports to the Human Services Department of the County within fifteen (15) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to the number of unduplicated children served during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 5.4 Audit Requirements. If Recipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Recipient is required to have an audit completed by an independent certified public accountant at the end of the Recipient's fiscal year. Within 180 days of the end of the Recipient's fiscal year, the Recipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Recipient agrees to notify the County prior to any change in the fiscal period of Recipient. The Recipient acknowledges that the County may deny funding to any Recipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted by May 1. 5.4.1 The Recipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 5.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Recipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 5.5 Insurance Requirements. Recipient shall, no later than October 1, 2023, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: 316 (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit). (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 5.6 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Recipient agrees that it is the Recipient's sole responsibility to coordinate activities among itself, the County, and the Recipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Recipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Recipient's place of business, of any and all insurance policies that are required in this Contract. If the Recipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 5.7 Indemnification. The Recipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Recipient, its agents, officers, or employees in connection with the performance of this Contract. 5.8 Public Records. The Recipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). The Recipient shall comply with Florida's Public Records Law. Specifically, the Recipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Recipient upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. 317 Failure of the Recipient to comply with these requirements shall be a material breach of this Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 PUBLICRECORDS(a-IRCGOV.COM Indian River County of the County Attorney 1801 271 Street Vero Beach, FL 32960 6. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Recipient if the County determines that such termination is in the public interest. 7. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 8. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit C and incorporated herein in its entirety by this reference. 9. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. 10. Notification. Recipient shall notify County of all changes in Recipient's senior management and of any litigation filed against or by Recipient. 318 IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Approved: County Administrator RECIPIENT: By: Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Agency Name: 319 D(HIBrr A [Copy of proposal Cover Page and Funder Budget] RM EXHIBIT B [From policy adopted by Indian River County Board Of County Commissioners on August 16, 2022.1 "D. Nonprofit Agency Responsibilities After Award of Funding 1. Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. 2. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. If an agency repeatedly fails to provide adequate documentation, this maybe reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. 4. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 15t may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. 5. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. 6. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. 7. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary." 321 EXHIBIT C STANDARD TERMS FOR GRANT CONTRACT 1. Notices: Any notice, request, demand, consent, approval or other communication required or permitted by this Contract shall be given or made in writing, by any of the following methods: facsimile transmission; hand delivery to the other party; delivery by commercial overnight courier service; or mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Human Services Division Indian River County 1900 27TH Street Vero Beach, Florida 32960-3365 Recipient: 2. Venue; Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 3. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 4. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 5. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 6. Independent Contractor. The Recipient is and shall be an independent contractor for all purposes under this Contract. The Recipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Recipient's sole direction, supervision, and control. 7. Assignment. This Contract may not be assigned by the Recipient without the prior written consent of the County. 322 TERMINATION OF NZA10O tWWOF AGREEMENT FOR HUMAN SERVICES D19PARTTOU Wi RUTRUCTURING THIS TERMINATION OF MEMORANDUM OF AGREEMENT FOR HUMAN SERVICES DEPARTMENT RESTRUCTURING ("Termination') is entered into as of the 13th day ofSeptember , 2022 by and between Indian River County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, whose address is 180127`s Street, Vero Beach, Florida, hereinafter referred to as "County", and Indian River County Health Department, a division of the Florida Department of Health and the State of Florida pursuant to chapter :154, Florida Statutes, whose address is 1900 27`b Street, Vero Beach, FL 32960, hereinafter referred to ae "IRCHD": RECITALS WHEREAS, County and IRCHD entered into a Memorandum of Agreement for Human Services Department Restruc raving, effective May 2, 2006; and WHEREAS, the parties wish to terminate the Memorandum of Agreement for Human Services Departmeut Restructuring so that the County can provide services in support of the Children's Services Advisory Committee, NOW THEREFORE, in consideration of the mutual undertakings herein stated and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Termination of Memorandum of Agreement for Human Services Department Restructuring, The Memorandum of Agreement for Human Services Department Restructuring shall terminate on October 1, 2022. IN WITNESS WHEREOF, the parties have caused this agreement to be der; executed at Vero Beach on the date set forth above. INDIAN RIVER COUNTY INDIAN RIVER COUNTY COUNfX COMMISSIONERS BO " HEALTH DEPARTMENT Peter D. Ii'Iylf, ChMman tri Nasse::.i nSQ# Date approved: September 13, 2022 ..' tori Position:' - ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Bv: ...:. Deput. lode .. . Approved as m fttem ad Iso sufficiency: Dylan Reingo d, County Attorney 323 Page I of I JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller 1801 27h Street Vero Beach, FL 32960 Telephone: (772) 226-1516 TO: The Honorable Members of the Board of County Commissioners FROM: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: April 6, 2023 SUBJECT: Notice of Annual Comprehensive Financial Report and Popular Annual Financial Report Completion The County's audit was completed on March 9, 2023 and we are now presenting the Annual Comprehensive Financial Report and Popular Annual Financial Report to the Board for approval. Both reports are available on the County's (ircgov.com) and the Clerk's (indianriverclerk.com) websites. The Annual Comprehensive Financial Report has been submitted to the Government Finance Officers Association (GFOA) for the Certificate of Achievement for Excellence in Financial Reporting award program, an award it has received for the last 39 years. The Popular Annual Financial Report was also submitted to the GFOA for the Award for Outstanding Achievement for Popular Annual Financial Reporting, an award it has received for the last 7 years. Questions regarding these reports should be directed to the Comptroller Division at 226- 1570. Recommendation We respectfully request the Board of County Commissioners accept the reports for fiscal year 2021-2022. 324 !6A I INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Members of the Planning and Zoning Commission THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: John Stoll; Chief, Long Range Planning DATE: March 13, 2023 RE: Treasure Coast Community Health, Inc. request to Rezone Approximately ±4.46 Acres from CH, Heavy Commercial District and CG, General Commercial District to MED, Medical District (RZON2005090174-93779) [Quasi -Judicial] It is requested that the following information be given formal consideration by the Indian River County Board of County Commissioners at its regular meeting on April 18, 2023. DESCRIPTION AND CONDITIONS The applicant requests to rezone ±4.46 acres located south of and adjacent to 9t' Street Southwest (Oslo Road), from CH, Heavy Commercial District and CG, General Commercial District to MED, Medical District. The purpose of this request is to secure the zoning necessary to expand the current use of a medical facility and make it more compliant with the comprehensive plan. The subject site is depicted in (Attachment 1). Existing Land Use Pattern The properties surrounding the subject site consist primarily of a mixture of commercial, industrial, recreational, and residential uses. The subject properties are currently zoned CH, Heavy Commercial District and CG, General Commercial District. The abutting property to the east contains vacant, multi -family zoned land, and to the west is vacant commercial -zoned land. Zoning District Differences In terms of permitted uses, there are substantial differences between the existing CH and CG districts and the proposed MED district. The respective zoning districts' purpose statement best illustrates the differences between the zoning districts. These purpose statements, found in the County's Land Development Regulations (LDRs), are as follows: MED: Medical district. The MED, Medical district, is intended to provide a variety of uses which support a major medical facility, and to protect such major medical facility from encroachment by land uses which may have an adverse effect on the operation and potential expansion of the facility. Land uses that could cause an adverse effect would generally include those uses that are likely to be objectionable to neighboring properties because of noise, vibration, odors, smoke, amount of traffic generated, or other physical manifestations. 325 CG: General Commercial District. The CG, General Commercial district is intended to provide areas for the development of general retail sales and selected service activities. The CG district is not intended to provide for heavy commercial activities, such as commercial service uses, heavy repair services nor industrial uses. CH: Heavy Commercial District. The CH, Heavy commercial, district is intended to provide areas for establishments engaging in wholesale trade, major repair services and restricted light manufacturing activities. The CH district is further intended to provide support services necessary for the development of commercial and industrial uses allowed within other nonresidential zoning districts. Analysis The following analysis is per Chapter 902: Administrative Mechanisms, Section 902.12(3) which states that all proposed amendments shall be submitted to the Planning and Zoning Commission, which shall consider such proposals in accordance with items (a) through (k) of Section 902.12(3). Item A - Whether or not the proposed amendment is in conflict with any applicable portion of the land development regulations. Staff cannot identify any conflicts with the proposed rezoning and any of the land development regulations. Item B - Whether or not the proposed amendment is consistent with all elements of the Indian River County Comprehensive Plan. The goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions that the County will take in order to direct the community's development. As courses of action committed to by the County, policies provide the basis for all County land development decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are Future Land Use Element Policies 1. 17, 1.18, and 1.43. Future Land Use Element Policies 1.17 and 1.18 Future Land Use Element Policy 1.17 states that all commercial/industrial uses must be located within the County's Urban Service Area. Future Land Use Element Policy 1.18 states that the commercial/industrial land use designation allows uses, subject to applicable zoning district regulations, that include business and personal services, retail, office, and storage/warehousing uses. 2 326 Since the subject property is located within the County's Urban Service Area and the requested MED district is intended for uses permitted within the commercial/industrial land use designation, the request is consistent with Future Land Use Element Policies 1.17 and 1.18. Future Land Use Element Policy 1.43 Future Land Use Element Policy 1.43 provides criteria that the Board of County Commissioners may use to determine whether or not a proposed zoning district is appropriate for a particular site. Below are tables listing the specific rezoning criteria from Policy 1.43, the MED zoning district, and staff determinations of how the criteria have been met. Table 1 SUBJECT PROPERTY #1 Proposed Medical MED Zoning District Review Criteria Meets Comments Criteria? 1. Within Commercial / Industrial nodes Yes Treasure Coast Community Health (TCCH) has containing hospitals and major medical provided primary health care in Indian River County facilities (IRC), Florida for over 28 years. Originally founded in 1993 as the Fellsmere Community Health Coalition, and serving the small rural citrus and ranching population of the area (including migrants and seasonal farm workers), this non-profit organization was approved as a Federally Qualified Health Center F HC in 1995. 2. Separated from Industrial areas Yes Subject Properties are at least 700 feet from any industrial areas and do not abut. Item C - Whether or not the proposed amendment is consistent with existing and proposed land uses. The proposed amendment for the subject properties is designated CA, Commercial/Industrial on the Future Land Use Map. Since MED zoning is allowed in the C/I designation, the proposed zoning district is consistent with the Future Land Use Map designation. The properties surrounding the subject sites consist primarily of residential uses, commercial retail uses, and vacant sites. Item D - Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan. The subject properties abut 9th Street Southwest (Oslo Road). This roadway is classified as a Principal Arterial road on the future roadway thoroughfare plan map. Located within an approximate 100-200' wide public road right-of-way (width varies), this segment of 9th Street Southwest is a four -lane divided paved road. There are currently no planned road improvements for this section of 9th Street SW listed in the County's Comprehensive Plan. 327 Item E - Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways below the level adopted in the comprehensive plan. The proposed rezoning request's Traffic Impact Analysis (TIA) was reviewed and approved by Traffic Engineering Division staff. That analysis showed that all roadway segments within the area of influence would operate at an acceptable level of service with the most intense use of the property under the proposed zoning district. Item F - Whether or not there have been changed conditions which would warrant an amendment. The subject area of the county consists of a mixture of commercial, industrial, recreational and residential uses. To the north of the subject properties is County Fire Station 4 and the IRC Intergenerational Recreation Center facility, and to the east of the site is vacant, multi -family zoned land. Staff has identified that by rezoning the properties to the proposed zoning district this amendment will be more compliant with the Comprehensive Plan. Item G - Whether or not the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation. Based upon the analysis conducted by staff it has been determined that all concurrency -mandated facilities, including, stormwater management, solid waste, water, wastewater, and recreation have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. Per Indian River County Land Development Regulations, the Applicant may be required to pay connection and other customary fees, and comply with other routine administrative procedures. If approved, rezoning does not guarantee any vested rights to receive water and wastewater treatment service. As with all development, a more detailed concurrency review will be conducted during the development approval process. As per section 910.07 of the County's LDRs, conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not development projects, County regulations call for the concurrency review to be based upon the most intense use of the subject property allowed within the requested zoning district. For commercial rezoning requests, the most intense use of a property varies with the zoning district. In the case of CH and CG zoned property, the most intense use (according to County LDRs) is retail commercial with 10,000 square feet of gross floor area per acre. For the MED rezoning requests, the most intense use is retail commercial with 10,000 square feet of gross floor area per acre. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned: f 4.46 acres 2. Existing Zoning District: CH, Heavy Commercial and CG, General Commercial Districts 3. Proposed Zoning District: MED, Medical District 4 328 4. Most Intense Use of Subject Property Under Existing Zoning District: 5. Most Intense Use of Subject Property Under Proposed Zoning District: 46,600 square feet of retail commercial 46,600 square feet of retail commercial Item H - Whether or not the proposed amendment would result in significant adverse impacts on the natural environment. The subject properties proposed to be rezoned from CG and CH, to MED, currently contain an existing medical building associated parking lot, and a storage lot. Since the subject properties contain no land designated by the State of Florida or the U.S. Federal Government as environmentally sensitive or protected land, such as wetlands or sensitive uplands, rezoning the site is anticipated to have no adverse impacts on environmental quality. When development is proposed for the subject site, a more detailed environmental analysis based on the site-specific development proposal will be conducted. Item I - Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern. The proposed amendment is consistent with the comprehensive plan and the surrounding land uses and will provide for a logical and orderly pattern of uses. Item J - Whether or not the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of the land development regulations. Staff has not identified any detrimental effect to the public welfare, and believes the request is in harmony with the purpose and intent of the land development regulations. Item K - Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment such as police protection, fire protection, and emergency medical services. Based upon the analysis conducted by staff, it has been determined that all concurrency - mandated facilities, including police protection, fire protection, and emergency medical services have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. 5 329 PLANNING & ZONING COMMISSION At its regular meeting on March 9, 2023 the Indian River County Planning and Zoning Commission voted 5-0 to recommend that the Board of County Commissioners approve the request to rezone the subject properties from CH and CG, to MED. CONCLUSION The requested MED, Medical zoning district is compatible with the surrounding area and is consistent with the goals, objectives, and policies of the Comprehensive Plan. Located in an area deemed suitable for commercial and industrial uses, the subject properties meet all applicable criteria to be rezoned as proposed. Further, rezoning to the proposed zoning districts will make the zoning consistent with the properties' C/I future land use designation. Based upon the above analysis, staff supports the request. RECOMMENDATION Based on the analysis, staff and the PZC recommend that the Board of County Commissioners approve this request to rezone the Subject Properties from CH and CG, to MED. ATTACHMENTS 1. Zoning Map 2. Future Land Use Map 3. Rezoning Application 4. Table of Uses for Commercial Zoning Districts 5. Future Land Use to Zoning District comparison table (Source: County LDRs) 6 330 C� N MS nd H1Z6 � o p a o0 0 N ao xM U cMn W U C w e > W N CO � 08LU U = o M W o N rnM U r rn o W E C i 3 c 30 �zr Q i O UU C Q M H �o It o 0 J Uco ,> '0- LO CD }�}��►► .w Gi LO r m ... a) + - r .sem. O ¢ N a° N M z" d = N LL W Q � V F �+ M O M i W W 2 'a tC. m 01 a k" ^ J MA MSAV HIS 6 - 1* m 0 w O Pn U C w e > N CO � 08LU U = o M W o N rnM U r N J LL E C P P o 00 �zr Q i O UU C Q M U) CO (1) It o 0 J Uco ,> '0- 1* m 0 w O Pn U C w e > N CO � M U) C = o M N rnM U r N J LL E C P P p N N � i O UU C U) CO (1) It o 0 J Uco ,> '0- LO CD }�}��►► .w Gi LO r m ... a) + - r .sem. 1* m 0 w O Pn r N C C • p p O d •L l • ., //0 �•C� est � � � m m � J a N1S6 �, �k W e Cl) N F- M U) M N r rn P r N C C • p p O d •L l • ., //0 �•C� est � � � m m � J a N1S6 �, �k W e N M M N r U a N N � x W 0 3 mo 4) CO) wo p ,> • }�}��►► .w Gi O Q O10 W c .O O ¢ N a° N M z" d = N LL W V F O i m U V) 2 'a C r N C C • p p O d •L l • ., //0 �•C� est � � � m m � J a N1S6 �, �k W t APPLICATit; N FOAM: ENING RIy9UXST` N) INDIANVIVU COUNTY Fach application must be complete when submitted and nj":iac g&All required attachments. AR incomplete application will not be processed and will be returned to the applicant. A=izfledPWjectNumber-.:RZQN'- Ctur ptt Applicowt (iCc� b*d : AS=t . Name: Ttieswo Omot Community HeaMh Inc. same aks.0 l 1w lVl R tl . Complete Mathng 12196: CR SIZ Feflsmem, F029481 201'M WMo S. 0 FLiallift.' Address: Phone-*: (including area 772-571 Rol 1986 772. Fax #: (-ncl ►g am e 772-778-6 Fesoa:Vidd. r f. Showgure of Ownerer Pry► IttaformsBon Site: Addreas: 1t UA 1rW & 1565 9th *to* *W: Site. Tax Parcel I.D. #s: and Subdivision Name, Unit Number, Block and Lot Number (if applicable) Zoning District La>�d t;ti NED Zoning District: Total s Acreage of Parcel 4.3 to be R+ od: Stora &Professional Services Medical Use on Site: ) Proposed Us on : Professional Services Medical) TRt :APPLICANT MUST: ATTEND A PK&APPLICATION CQNFKRXNCX, W .. LOPOWUNGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORZWA TO RESOLVI ORAVOID PROBLEM CONNECTED WITH THE REZONING 020(7EST. . r e RRilrllt'_�l4P>fICdCATl1 IECKLIST Please attach the following items to this application. Do not Ignevs shy of the items, item is not applicable. ITEMS klist e RRilrllt'_�l4P>fICdCATl1 IECKLIST Please attach the following items to this application. Do not Ignevs shy of the items, item is not applicable. ITEMS klist 1., Txee! ll4A.00 .x 2. Reeopin A lication Form front a e .X. 3, :LdW of Authorization from Current Owner(s) OR Current-OwiWiSApplicauL. d. VerdW itatement (separate letter) naming 'y individual or entity having legal or equitable T!Merft in the property. Out `1 of the current Owner's Did 6. A Currerit Owmes Title Policy 7C . OR A CoMficafc of IrWe from a Title Company Anr"s vvrtttitn opiaton ownershi flf the 7. A justification of change statement -and de Ied ladedX. use S. One (1) SEALED boundary surrey of the area to be rezoned. The boundary survey shall include, but not be limited to the following., o a legal description of the land to be rezoned v he size of the land to be rezoned o the public road right-of-way width of adjacent roads; and o a north .arrow F1e it aic version (MS Word is prefemble) the lead tion 10, Pre►vW a digital map file of the boundary Survey X provided in Item 8 above in either AutoCAD (Awl) of Esrri Shape file (,shp) format. 1 L. Copy of Approved Coricurrmncy Certificate X Copy of filed application for Concurrency Certificate including traffic study, if applicable 4 Indian RivCrCWwty Future Land lse Wap Amendment/Rezoning Authorization Form TO: Planning Division Indian River County 1801 27`' Street Vero Beach,. 32960 FROM: Treasure Coast Community Health, Inc. (Property Owner) -- — — - Property Tax I.D. #: 33-39-26-0001-0010-00002.1 & 3.044A Pro ert Address 1525 &1545 & 1565 9th Street SW P Y The undersigned is hereby authorized# t- tent and/or make application to Indian Rivet' County for the ab&4v iced p000ty for the following applications (please mark the appropriate box) o Future Land Use Amendment a Rezoning STATE OF FLORA COUNTY OF INIXAN RIVER The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this P5 * day of p C {ori & e , 20 tD 9, by V .j( �Savl P Personally know 9 OR produced identification ❑ NOTARY PUBLIC:: Indian River County Land Development Regulations TABLE OF USES from Section 911.10. - Commercial districts (4) Uses. Uses in the commercial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings. Commercial uses and activities shall be contained within an enclosed area unless otherwise specifically allowed herein or unless allowed as an accessory or temporary use approved by the community development director. District PRO OCR MED CN CL CG CH 1 Agriculture Agricultural Production Horticultural and landscape plants and specialties Kennels and animal boarding Pet -grooming (no boarding) Agricultural Services Landscape services Commercial fishery Commercial Construction General building contractors/special trade contractors/construction yards a Finance, Insurance, Real Estate, Legal Services Banks and credit institutions P P A A P P P P A P P P - Page 1 Attachment Small-scale banks and credit institutions Security and commodity brokers Insurance agents, brokers and service Automatic teller. machines Real Estate Holding and other investment offices Legal services Services Lodging facilities hotels and motels. . . Boardinghouses Bed and breakfast Membership based hotels Personal Services . Laundries and laundromats (excluding drycleaners) District PRO OCR MED CN Automotive rentals M�I - Automobile parking and storage Body and paint shops General automotive repair Carwashes Automotive fluid sales and services (other than gasoline) ... Miscellaneous Repair Electrical repair Watch, clock, jewelry Reupholsters and furniture Welding Motion Pictures Production and distribution services Motion picture theaters Drive in theaters (unenclosed commercial amusement) Video tape rentals Amusement and Recreation Dance studios, school and halls, gyms CL C( P I CH P Page 4 Attachme-4*- �3155 N Medical and dental laboratory P P - Home health care services P P EFI --moor Specialty outpatient clinics P P - Veterinarian clinic - A A i I f Wholesale Trade Durable goods (not including demolition P debris site, junkyards, recycling center) Page 5 Attachme*6 District OCR MED CN Nondurable goods Recycling center (including vegetation debris mulching) Retail: Trade Convenience stores Building materials and garden supplies Paint, glass and wallpaper stores Hardware stores Retail nurseries and garden supplies Model mobile home display. Mobile home trailer sales General Merchandise Department stores Variety stores Flea market Auction facilities, unenclosed Auction facilities, enclosed Used merchandise (including pawn shops) Food Stores CL CG. CH 1 60=6- P A P P A P P P P P P P A P: A P P. P P Page 6 Attachmen tai Gasoline service stations Boat sales and rentals Recreational vehicle sales Motorcycle dealers Automotive fuel sales Commercial marina Marine repair and service Apparel and Accessory Stores Furniture and Home Furnishings Page 7 Attachme%d Furniture and home furnishing stores Small-scale home furnishings showrooms (excluding furniture and major appliances) Optical goods P Page 8 AttachmeFAJ Catalogue and mail order house - Fuel Dealers - i Food and Kindred Products - Fruit and vegetable packing houses Nor - Fruit and vegetable juice extraction ENV Community Services Educational Services Educational centers including primary and A secondary schools r Colleges and universities Emu Libraries A Vocational, technical and business P Institutional Individual and family services P Job training services - Child care and adult care P Homes for aged, including nursing homes and rest homes Page 9 AttachmepkU Residential treatment center Place of worship Group homes (residential centers) Adult congregate living facility (21+ residents) Cultural and Civic-Facilities Civic and social membership organizations Public Administration Government administrative buildings Courts Emergency services Industrial Printing and publishing Machine shops Chemicals and Plastics Rubber and plastic footwear Hose, belts, gaskets packing Assembly production (not including manufacturing) Transportation and communication P 0 P S S Railroad/Bus Transportation Services Local and suburban transit Trucking and. courier services Commercial warehousing and storage Moving and storage Trucking terminals :Self-service storage facilities Outdoor storage Vehicle storage lot (paved/unpaved) 3 Post Office Water transport services Air transport services Heliport/helipad r - Recycling centers Travel and tour agencies Freight transport arrangement j Communications 1 Telephone and telegraph P P Page 11 Attachmep�14f Radio and television broadcasting Cable and pay T.V. Communications towers (wireless facilities). Communications towers (non -wireless facilities) 4 Amateur radio (accessory use) Lets than 80 feet 80 feet or taller (see 971.44(4) for special criteria) Commercial Up to 70 feet: Camouflaged Non -camouflaged 70 feet to 150 feet: Camouflaged Monopole (minimum of 2 users) Not camouflaged and not monopole Over 150 feet: All tower types (see 971.44(1) for special criteria) P 5 Public and private utilities, limited Public and private utilities, heavy Residential Uses District MED CN CL CG A I& A CH, .:... A S Single-family dwelling - i Duplex - - Multifamily dwelling A Accessory housing (watchman) - P I P = Permitted use A = Administrative permit use S = Special exception use ' No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property. 2 The requirements of subsection 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. 3 Standards for unpaved vehicle storage lots are found in subsection 954.08(6). 4 Uses, such as limousine services, construction offices, and contractors trades offices shall be considered general office uses if the following conditions are met: • All types of vehicles [reference 911.15(3)(a)) kept on site shall be limited to those types of vehicles allowed in residential areas, except that commercial vehicles completely screened from adjacent streets and properties shall be allowed to be kept on site. All commercial vehicles allowed to be kept on site shall be parked in designated paved spaces. • The number of vehicles used for business purposes and that meet the above condition and that are kept on site shall be limited to twenty-five (25) percent of the number of parking spaces required for the office use. • Except for vehicle parking, all uses shall be conducted within an office building. 'For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. Page 13 Attachme%46 RELATIONSHIP OF THE ZONING DISTRICTS WITH THE FUTURE LAND USE MAP DESIGNATIONS Zoning C-1 C - Z. r C BCID HRIL District A-1 P P: P A-2 , az A-3 :P' : P P.::.::. RFD �.•, �, � � � �R � S-1 - P T P. P P w Y q RS -3 P P: T T P: P RT -6 P P. " . T P :: P :. P RM -4 P T T: P P . RM RM -8 P P P P RM -10 y RMH P P. P P RMH $ PRO P P P ::P: P - Page 1 Attachment 5 349 SCR 1 MED - CN CL CG r t CH_ p IL: c IG P . Con-1 s � 4; L Con-2 P Con-3► r 4, CRVP P R-BCID { Rose-4 P P AIR-1 PD P P P P P P P P P P P P P p. P:: P P - District permitted T - District permitted when used as transition from less intense/dense development or consistent with existing development Blank - District not permitted Page 2 Attachment 5 350 ORDINANCE NO. 2023 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY f4.46 ACRES LOCATED SOUTH OF AND ADJACENT TO 9TH STREET SOUTHWEST, FROM CH, HEAVY COMMERCIAL DISTRICT AND CG GENERAL COMMERCIAL DISTRICT, TO MED, MEDICAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: PARCEL 1: THE NORTH 600 FEET OF THE EAST 5 ACRES OF THE WEST 10 ACRES OF TRACT 1, SECTION 26, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS COMPANY AS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PARCEL 2: TOGETHER WITH THE SOUTH 440 FEET OF THE NORTH 470 FEET OF THE WEST 145 FEET OF THE EAST 5 ACRES OF THE EAST 10 ACRES OF THE WEST 15 ACRES OF TRACT 1, SECTION 26, TOWNSHIP 3 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE AttachmenVA ORDINANCE NO. 2023 - COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION FOR ADDITIONAL RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 1425, PAGE 2685, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. PARCEL 3: TOGETHER WITH THE NORTH 607 FEET OF THE EAST 5 ACRES OF THE EAST 10 ACRES OF THE WEST 15 ACRES OF TRACT 1, SECTION 26, TOWNSHIP 3 SOUTH, RANGE 39 EAST, LESS AND EXCEPT THE WEST 145 FEET OF THE NORTH 407 FEET THEREOF, AND LESS ROAD RIGHT-OF-WAY, ALL ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. ALSO, LESS AND EXCEPTING THEREFROM PARCEL CONVEYED IN INDIAN RIVER COUNTY, BY VIRTUE OF STATUTORY WARRANTY DEED, RECORDED IN OFFICIAL RECORDS BOOK 1421, PAGE 2789, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 10 FEET OF THE NORTH 40 FEET OF THE EAST 5 ACRES OF THE WEST 15 ACRES OF TRACT 1, SECTION 26, TOWNSHIP 3 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS THE WEST 145 FEET THEREOF. CONTAINING 4.46 ACRES is changed from CH, Heavy Commercial District and CG, General Commercial District to MED, Medical District. All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 18'h day of April, 2023. This ordinance was advertised in the Press -Journal on the 2nd day of April 2023, for a public hearing to be held on the 18th day of April, 2023 at which time it was moved for adoption AttachmemVbg ORDINANCE NO. 2023 - by Commissioner , seconded by , and adopted by the following vote: Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY �i Joseph H. Earman, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Phillip J. Matson, AICP; Community Development Director Attachmen 04/18/2023 Item 10.A.1. Indian River County Board of County Commissioners April 18, 2023 Purpose • Secure the zoning necessary to expand the current use of a medical facility that is allowed under the MED zoning district at a density consistent with the allowed density of its comprehensive plan land use designation (which is C/1). 04/18/2023 Item 10.A.1. CH Zoning • CH district allows uses such as, Kennels and animal boarding, Pet -grooming, Landscape services, General building, contractors/special trade contractors/construction yards, Small-scale banks and credit institutions, Drycleaning plants, Credit reporting and collection, vehicle sales, repair services, health & fitness centers, convenience stores and storage and warehousing CG Zoning •CG district allows uses such as, banks & credit unions, various office uses, various health and medical uses, laundromats, beauty shops, general auto repair, car washes, health and fitness centers, veterinary clinics, kennels & animal boarding, used vehicle sales, boat sales and rental, business services, and personal services. 353.2 04/18/2023 Item 10.A.1. MED Zoning • MED: Medical District: The MED, medical district, is intended to provide a variety of uses which support a major medical facility, and to protect such major medical facility from encroachment by land uses which may have an adverse effect on the operation and potential expansion of the facility. C/I Future Land Use Designation The Commercial/Industrial Future Land Use Designation is intended to provide areas for the development of industrial and commercial uses. • Located in areas with suitable levels of service and infrastructure for urban scale development. • Located along major transportation routes and separated from residential areas. 3 04/18/2023 Item 10.A.1. Zoning Map . 53.4 Future Land Use Map L-2 l 2 �� taco YpY xYTxAV Sq SIJYtI Y 1REC B � 1.105 1580 • 6 soo rs 1250 1350 12w tslo 9TH ST SW (OSLO ADJ m 1555 7585, 7545aM 15259th ST SW 9241755 Vero Beach, FL 12962- 1585 Treasure Coast Community Health Inc 905 +!- 4,46 Acres CG and CH to MED MD 1585 t8r5 9{2 it a yw L-2 tb0 1w3nx srsw gga >HE awanv[etvtao a[Acx uc 333935g1gtl W IPoYMIC 9E0 1551 1555 1557 1559 98a • • • • • • 1519 553 1305 B86 1190 1561 q 1538 1562 1563 h � A • . 53.4 04/18/2023 Item 10.A.1. Criteria Analyzed •Concurrency *Consistency with the Comprehensive Plan *Consistency with County Land Development Regulations • Environmental impact *Compatibility with surrounding uses Concurrency Check for sufficient capacity for certain facilities • Transportation V/ • Water I / • Wastewater ✓ • Solid Waste ✓ • Stormwater Management ti A detailed concurrency review will be done at the time of project development 353.5 Most Intense Use Most Intense Use with Existim • 46,600 square feet of retail cc 04/18/2023 Item 10.A.1. Consistency with the Comprehensive Plan Future Land Use Objective 1 • Promotes a compact and energy efficient land use pattern Future Land Use Policies 1.17 • Within USA (Urban Service Area), near Urban Center Future Land Use Policy 1.18 • This request would encourage the development of Commercial/ Industrial in Commercial / Industrial areas Future Land Use Policy 1.43 • For the subject properties MED is appropriate given the loc'a#ional criteria of FLUE Policy 1.43 553.6 04/18/2023 Item 10.A.1. Future Land Use Policy 1.43 Table 1 SUBJECT PROPERTY #1 Proposed Medical (MED) Zoning District Review Criteria Meets Comments Criteria? 1. Within Commercial / Industrial nodes les Treasure Coast Community Health (TCCH) has provided containing hospitals and major medical primary health care in Indian River County (IRC), Florida for facilities over 28 years. Originally founded in 1993 as the Fellsmere Community Health Coalition, and serving the small rural citrus and ranching population of the area (including migrants and seasonal farm workers), this non-profit organization was approved as a Federally Qualified Health Center (FQHC) in 1995. 2. Separated from Industrial areas Yes Subject Properties are at least 700 feet from any industrial areas and do not abut. Consistency with County Land Development Regulations Rezoning request is consistent with all applicable sections of the County Land Development Regulations(LDRs), including Section 902.12(3) standards of review. 7 04/18/2023 Item 10.A.1. Environmental Impacts • Currently contains vacant land that is vegetated and an existing medical building, associated parking lot, and a storage lot. • Rezoning the property is anticipated to have no adverse impacts to the environment. A detailed analysis on potential environmental impacts resulting from development will be conducted during the development review phase Conclusion Requested MED is: • Compatible with surrounding uses • Consistent with the comprehensive plan and Land Development Regulations • Meets Concurrency test • Meets Criteria to be Rezoned • No additional environmental impacts • Staff supports request 8 March 9 PZC Meeting At the March 9, 2023 Planning and Zoning Commission Meeting the PZC voted 5-0 to recommend that the BCC approve the request to rezone from CH and CG, to MED Recommendation Staff and the PZC recommends that the BCC approve the rezoning request from CH and CG to MED 10 A, I� Indian river Press Journal 1801 U.S. 9, Vero mach, F't32060 AFFMAVIT OF PUBLICAMON iNDIANAIVER CO PLANNING I-Sol 27YR ST ATTN STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River Courtly, Florida that the attached copy of advertisement was; published in the Indian River Press Journal in the following issues below. Affiant ; further says that the sold Indian River Press Journal is a newspaper published In Vero Beach in said Indian River County, Florida, and that said " newspaper has heretofore been continuously { published in said Indian River County, Florida, daily and distributer! In Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has. been entered as Periodical ` Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement, 4/212023 Subscribed and sworn to before on April 2nd, 2023 aEry� tato .. Coun Barn lUty cornW.. Ires: �r.urNw��lr., NANCY H6;YR.l1:AN Nosy Pubii+0 Stste of Wlsoon fa x: ` Publication Cost: $315.00 Ad No. GC14034750 ; Customer No., 463,755 PCI#. PUBLIC NOTICE THIS IS NOT AN INVOICE Pull The Board of Courny Ccm(rilssioners of Indian River County, Florida, will cons* the adoption of a County ordinance rezoning land within tha unincorporated portion of Indian River County. A public hearing at which parties in interest and citizens shall have an opportunity to be heard, will be held on Tuesday, April 18, 2023, at 9:00 a.m. in the County Commission Chambem of the County Administration Building, Building A, located at 1801 27th Street, Vero Beach; Florida. The proposed ordinance to rezone the subject property is entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THEZONING ORDINANCE AND THE - ACCOMPANYING ZONIIi MAID FOR APPROMMATELY :4.46 FRES LOCATED SOUTH OF AND ADJACENT TO 9TH STREET SOUTHWEST, FROM CH, HEAVY COMMERCIAL QISTRICT AND CG GENERAL CtJWERCI& 60RICT, 'I`0 IVIED, MEDr.V- DISTRICT, AND PROVIDE CODIFICATION, SEVERABIli AND EFFECTIVE DATE. The rezoning application may he inspected by the public at the Community Development Depairtroent of the County Administration Building A, located. at 1801 27th Street, Vero Beach, Florida, between the hours of 8t8E? aim. and 5:00 pm. on weekdays. For more; Information, contact Chris Baiter at (772) 226-1243. The Board of County Commissioners may adopt another zoning district, other thmthedistrict requested, provided that the adapted Zor►irtg dlat~rfet is. consistent with the oourAys comprehensive plan, Anyone who may wish to appeal any decision that may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is based. Anyone. Who needs a special accommodation for this meeting Must contact the County's Americans with Disabilities Act Coordinator at (772) 226-1223, at least 48 heilos in advance of the meeting. Indian River County Board of County Commissioners kIy -s� Joe Earmai, Chairman Reisman Continued from Page IA My search for the fall, new -nonagenarians was In. trigumR. Th. two I mached were the oldest Dving Mejp Jack Lindsay, pride of Fort Worth Jack Lindsey, 96, hitless at shortstop In that game for. Montreal, was the first Texan Invited tr ,quire's Ail -American Doys Baseball Cameln New.Y Palo Grounds in 1944. After tire train ride from Fort Worth, where lie lives, Lindseywentan Babe Ruth's redloahmvand Lindsey ptayed shurutop for the Ra)ais Nat spring, E1Ls partner araumd second base?Jackie Robimm� who had played for Montreal the year before and would - break the color hander with the Dodgers when the saa- son opened. "1 Saw history being made," Lindsey said, noting be m ersaw discrimination against his Black teammates, - though he knew it occurred. "W+e were all just playing jaekLildlayrpbele be M and hoping to do well." piayedshertstop f -the Mentried Royals iathe h' or gameHe Broekiys plary,i131t. �{ Robinson was a -nice guy and helluvn hillplayer,' March 31,1949. PRaweso 9Y FWr man aft-nuaPAM <OLLERIOY, eNwfRLEYpe: xiassies ahals ws Idndecy said. "He could Stan and stop quicker than anyone lovur Saw.... tic had a unique talent. Jackie was a little more serious-minded," Lindsey in Oklahoma Ciry, where he resides. He played with skin's first no-hitte0 added, notingha doesn't think Robinson set out to Schallock In Montreal in 1948, becoming the Interna- Enidne,96, who pdtehaddn Ava Wbrki Barks ffrthe make is name for himself. He Just. wanted to play at a Banal League's MVP Ihenext year. Dodgers, also was In veto Beach In 1948, but headed to - high Ieiti, Morgan didnt meet a Black person until he got to Fort Worth boforo Manch aL Montreal, where he played with rammer Negro Leaguers "(Dodgenown) was very primitive,- Enklne told me, The Robinson -Rickey connection Stun JeWrae and Dan Bankhead, according to The noting players carried lunge bats to ward off critters, Oklahoman. Morgan played with Robinson on the including snakes and skunks. "You didri t reach in a - - Lindseyhad one experience with Robinson he'll nev- Dodgers in 1950 buahte ctaballoul - ex forget. "it was awful (the racism Robinson endured); Mor- "Rvely kind of bug invented was in those (un-ah- Thesecond+btateman fielded aslowground balland gantold The Oklabnmi I tell peopieahwrt it andthey, auditioned) Aareke,-hessid,noting they'd lleenwh- lussed it to Lindsey, hoping for a double play. The nn- think 1 am a wggemting. Nobody on the learn could un- cant since the Navy left "AD kinds of creatures lived neral firs was Eddie Stanky, the Dodgers' starting we- dostand how, he could take that kind ofabuse.. We look there before we did; ond-lac ema . Stinky didn't slide into second Marc. up for Ida all we could, ... We wished we could go up in Had Lindsey thrown to first; It would Nave hit Slanky hu the stands and whip someone." 7YUacan ntoreflectsthe aiinfonofLouraceReis- The face, so Lite teenager held the ball. As part ofanl8-year baseball career, Morgan played man. Contact kin uia email at Imry.rels- JoggingoRthefield, Branch Rickey, Dodgers general three years with the Dodgers, hitting.233 with 53 lwm• mnnuitcfnlormn, phone at 772-978-2223, free. manager, part owner and architect ofDodgertown, met en in eight maim league campaigns. bak.cor/lion, Una. or Tariff., GaY1.ourrnreRefs- him. He was on lhe.Dodgeri 1952 and 3953 World Series man. "'Son, If you over hope to play for our balkiub, you teams. and made two key plays to proterve: Carl St. damage in a Japanese torpedo attack that claimed 644 had better throw that ball; " Lindsey said Rickey told � him, adding nnaers should race consequences ofther men and sunk the USS Lissome. Day.. anions. Lindsey Spent 1947 at Class A Greenville; Smith Car- - NOTICE OF PUBLIC ;WARING ' THE olr r- ina, hitting a cahigh :;390. Most of eight-year FOR VOLUNTARY ANNEXATION Tommy Drown, minor-league career was spent at AA Pon Worth, before CITY OF SEBASTIAN, FLORIDA BOABp OF COUNTY going to work In the insurance business. Lindsay's recollection of Vero Beach revolves mostly The Oily C -.N or IN, pry or Senate., wean River Courry,. RN"*Nt"—ad6 P~ for voksitsry aoreatue.,end COMMISSIONERS around the Indian when played River lagoonamp a"fora p+epelsa la —"kw tl'("'vev enleunro;. rowboats fishing to, chapakkdtrout rout ORDINANCE NO. 0-23,01 �, 14N RIVER COUNTY lercafish.Hoalsoreme and naltweter catfish. Ho also rnnemben Uefirmnass of Dodgertown'ngmund. Lindsey AN ORDINANCE OF THE CITY Of SE1ki5i1M1 FLORIDA, PROVIDING FOR THE VOLUNTARTI NOTICE OF REZONING - said he broke hist eR Sliding. lie said he'll neverforget playing in the Polo Grounds ANNEXATION ANNEXATION FOR LAND C/JNSWING OF 40M MORE OR LESS. LOCATED SOUTH OF SEDASTWI RIVER LANDING, EAST OF VACANT PUBLIC: HEARING BMlegarnein Forl WOdh when hit four doubles. But ho didn t.[ememb8ranyUltlig about that fiat game bi PROPERTY, WEST AND NORTH OF SINGLE' FAMILY DEVG.0 EN$ PROVIDING: FOR THE EXTENS03N OF TME CORPORATE Lsa S ANO WUNDAR' The Board M Coutty fgmm"wera d Indian Rive Vero Beach. THEREOF; PROVIOMG FOR RiOPOSE0 LAND USB�E, j GAnry, FtonW, "" uarao. Iia ,Idemrm d a County o cxoancs 2coi g Nrq regi, ON wbitaporated Paton Art Sehallock, baseball's oldest alumnus AND ZONING CLASSIFICATION PROVIDING FOR SCRIYENEAS ERRORS: PROVIDING FOR CONFLICT of IrhQon Rover Cgmty. A paste MaMq e4 whiFfi yMdea m hlnaal five, hareem gyartmtyte be haarrl; wily AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ir h,yd at TWdia K APS 19, 2022. M 9:00 a.m. In era fay Nor does An Schailock, 98, a 5 -foot -9 left-hand A prbY2. on IM n. eta no an Wednesday, Cemmown Charrwa d the County Adnnavaten Buicing. BVkdnO A. IocIlod at 1801 271h Street, taro Ihvh, Florida. pitcher Rion linislietl lite game Cor Montreal. 2023. Ino. I Cre, Aplf 12,2020.Mbfl0 p.m.ln Lha city Cnurai (xwr4xwa CM Tho p.Paad —I.— Io rvtona Inn 4:tsact mpaty Is Shallock, whowonsngamesinfiveyearsplayingon HML. 1225 Man Soul. Set -win. .nauod: two New York Yankees World Series -winning teams in Foloea+g was puck Iwanng, IN city Couxs may adopt e,h Shortstop P. Woe Rer..se, who was in the military. the eddy 1950s,.toUldli t recall anything about the few otd,arale b amrtx INpmiflry az. a—In IM map Nk- AN ORDINANCE OF INDIAN RIVER COUNTY, days loo spent In Vero Beach. and 9—ally d.—i d'n dw di—Sasso— asso vr. FLORIDA, AMENDING THE ZONING ONOINANCE THE But, Butt told he and his wile, now marded 76 -•� AMN ACCOMPANYING ZONING MAP FOR AtrPROXIMATELY 14.45 ACRES LOCATED SOUTH Or years. ddlTm sent to trek Beek FBSlfronilheif herein LOCATION_M ADJACENTTO 97HSTREET SOUTH WEST. FROM California for 81949 minor league Susan. He arranged i X t`CINMENCWI DISTRICT AND CG GENERAL TRICT, TO NEC, MEDICAL DISTRICT; to mid to the Dodgers minor league Hollywood 1. V IFICA710N; 5EVERASIUTv, AND 5chollock phdled in the Pacific Coast League until In,-npeivcr wed, im Amwka, won wamNalas Ad plOA), theYankees traded for him July 12, 195L The player the Yankees sent to the minor lesgues to make rtam fou any.. wf., —ars a tsxxXM rmnmoa�Sa+t fou ass Iwntrot Bar evong apprkaeon ray he Imposed ray IN, swat, at W Cmmaolly DevelW-1 Wpivimant of the County Ay�dsa Bean Baking A. located at 1801 2nh Street, Vim SahaRa Mickey Mancee so,ad rwsset the C4V* ADA Ceo dimity ori (772) 380.0mal head 46 hMa In advance or IM ,.Ono �aalp Fbnda; netwnan fns heirsd.B:sO am and Spa pm; llo Scalier after Sonoma g, beat who worked fcaided companies ager plaging, became basebelfe artist Pueam Diepoay Aa va Ew h P— rcumal `.., 'a-"e'a"an11f4^Ye paa tr4ea0a2. Fo .arc tlVa,ratla+h, eoTuct cons evta M f7MYg201za3. alumnus when Farmer St. Louts Brown Coorge Elder died at 101 last yenr, grading to due The Press Dema• the Bono d County CammisaenarE mar meld aliothsr` ttOl• tareg dalmct. otnn than the co mcg mtuarow. Provided that Schallock's One ofthe few surviving ballplayers who - IN adopted -.N Grind .%: c—.— who as a Kv% coopmhmviw or-.. saw combat action during World War ll. He was a radia operator on the USS Carel Sea, width moSIved mina! `'^"-' " I Wap Aoyomwro may waiiwupllwa wty.aaaen Inst my be appealybe an damage in a Japanese torpedo attack that claimed 644 _ ., � IM1.xAant as me'xeg van I. Uutawnbaat 01 uw qac Nn le mmlu, -N;h ins tear Y.* men and sunk the USS Lissome. Day.. avIN—pwi fhkh IN ap IhialaBrL: Tommy Drown, ..,«•..ys.J. 1 ` �h. � I. C—Yy 1� 10112nwaNa?ariae . youngest home -run hitter -run hitter C—ftawr al (772) 2226-121$ a Postwar. military veterans "Unaimng from Dodger - d Ila mmnrg. town s first game are Tommy 9-1. who played arle:smaFa. nnlei � w��. ho two ufor the Dodgers, and Bobby Morgan,third 945, played Morgan, 96y who played third flu Montreal with a hit firrntrea and agame-high 12 fiekhrigehaneea. They could Rothe Inaaeacad PrN may refoi'ra PoPmIM ordnaapi ntlf reached formmmenl. the can .laps rices"Paan or tie ploPerty , 7rrj lea and 6olnds n toe. Communny Lkvabphnanl p Brown el181n1949 br!calrin tie youngest non-pltcll• Has Mmxlay Inalih Friday 9ABdm.b, p�,tlrw et to p1aY ire-nfa)ar It ague gams when Ile flIICd in for mea Y aPPear M the tearkg wed no /rwtl won rN�lat Ib ted Shortstop P. Woe Rer..se, who was in the military. RloRau"i orshwc,I.. ,.. crown, at M the youngest man to Isomer In the big. Anyrt arye wain ray � v ��wh lheen eagues,playedse— seasooswilhtheteam lna nine- Mmaana Irei iverbaam h«.arddua Parn14lrgau"Inixdt. acwe year rareer that Saw him:hit.241 wuh 31 home Trans. and d. IN Wharf tay are -do- win No. we acre Drawn, who flims in Florida, workedetthe Ford Class we on Wave.(F.S266AH05) Plant nearNashville for 35 yearn,—oiling le the Sort. In,-npeivcr wed, im Amwka, won wamNalas Ad plOA), cry for American Baseball Research,. any.. wf., —ars a tsxxXM rmnmoa�Sa+t fou ass Iwntrot Bobby Morgan, pride of Oklahoma so,ad rwsset the C4V* ADA Ceo dimity ori (772) 380.0mal head 46 hMa In advance or IM ,.Ono ' Pueam Diepoay Aa va Ew h P— rcumal `.., 'a-"e'a"an11f4^Ye ^� Marlton relied in 2020 fawn Pamiro s n Liquor Store „�.2,w-.Sunday;No- 26,2023 end Srne>y. APm 2.2023 •• (7✓] (//I Vt�. ^ 1681 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: 7985 100th Av ADDRESS: SUBJECT MATTER FOR DISCUSSION: Catherine Keller PHONE: 772-532-8731 Fence built on county -owned land IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? Yl YES 1:1 NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? permission to keep the fence ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1:1 YES F-1 NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: ransmitteea to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone INTERIM COUNTY ADMINISTRATOR: Michael Zito MEETING DATE: 4/18/23 354 `Q 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 Counh, Code Section 102.04(10)(h): 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: 41 �y 9 J ,,, GS ADDRESS: 1G l o � Pei PRONE: �7� — �y 1 - Gj�� SIlB3ECT;LATTER FOR DISCUSSION: 1�fj,11_?/rro y,- f0t,� C��tij7� �M FLS �s �tG�F� d 1= �� CeEvt�dG IS A DIGITAUELECTRONIC PRESENTATION PLANNED? YES f:71 ZI NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? 14,1V CoyNr1� ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1ZYES F7 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 INTERIM COUNTY ADMINISTRATOR: Michael Zito MEETING DATE: wh i, ,; �32 A,* 76 se�6;4x- i�%^nFJrLi� 355 1663 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: Bill Rigby / West Wabasso Progressive Civic League ADDRESS: Insurance SUBJECT MATTER FOR DISCUSSION: PHONE: 772-501-4753 IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES Yl NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 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 9 Phone INTERIM COUNTY ADMINISTRATOR: Michael Zito MEETING DATE: 356 I aFl DEPARTMENTAL MATTERS INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET DATE: April 18, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael Zito, Interim County Administrator FROM: Kristin Daniels, Director, Office of Management and Budget Cynthia Stanton, Risk Manager SUBJECT: Self -Insurance Funds and Property & Casualty Insurance Program BACKGROUND: In preparation for the May 1, 2023 renewal, staff worked with Arthur J. Gallagher Risk Management Services, Inc. (AJG) to secure the most comprehensive, cost-efficient property and casualty insurance program for the County. The table below summarizes the lines of coverage, limits and renewal costs, followed by the variables impacting the 2023 renewal rates. There was a total overall increase of 27.91% for the Indian River County insurance renewal. Renewal Summary Policy Coverage Policy Limits Current Premium Renewal Premium Premium Increase Premium Change Property (Non -Utility) $100 Mil/$25Mil $1,511,642 $2,157,000 $645,358 42.69% Property (Utility) $60 Mil $736,424 $880,691 $144,267 19.59% Flood Multi $9,067 $9,843 $776 8.55% Equipment Breakdown $100 Mil $10,750 $12,450 $1,700 15.81% Terrorism $100 Mil $17,025 $20,000 $2,975 17.47% NCBR PD & Liability $10 Mil $26,710 $33,500 $6,790 25.42% Inland Marine $20Mil/$2.5 Mil $106,048 $120,000 $13,952 13.15% Crime $1 Mil $6,597 $6,597 $0 0.00% Public Entity Excess Liability $2 Mil/$4Mil $207,500 $222,000 $14,500 6.98% Excess Workers Comp Statutory Max $290,368 $329,233 $38,865 13.38% D&B $1 Mil $42,870 $58,349 $15,479 36.1% Hull/P&I $1 Mil $8,288 $5,951 -$2,337 -28.20% Statutory AD&D $75,000 $12,362 $12,362 $0 0.00% AJG Brokers Fee $175,000 $175,000 $0 0.00% Total $3,160,651 $4,042,976 $882,325 27.91% 357 ANALYSIS: The current insurance market is extremely volatile as a result of Hurricanes Ian and Nicole, causing many insurers to reduce their capacity or withdraw from business from the state of Florida. The insurers currently writing business in Florida are often considered carriers of "last resort" as they are able to monopolize a declining market and have increased premiums by up to 50%. Attached, please find the detailed Executive Summary prepared by Erica Connick, Account Executive, AJG. Several charts within the Executive Summary detail the various lines of coverage. Major highlights of the renewal are as follows: Property Program: This is a layered program with multiple carriers. The renewal is based off a total insured value of $338,660,163 which is an 8.4% increase. We experienced many carriers reducing their capacity to much smaller line sizes and increasing their rates in conjunction. New capacity is coming to the table rather slowly, and comes in at significantly higher rates relative to the expiring program resulting in the decision to reduce program limits based on rate increases. The proposed renewal premium of $2,157,000 is the worst-case scenario and we have asked the broker to continue to engage with the carriers to obtain a more favorable renewal quote. Program Term Changes: 1. All perils coverage reduced from $165 million to $100 million. 2. Named Storm coverage reduced from $40 million to $25 million. 3. Hurricane Deductible changed to Named Storm — The previous Named Hurricane deductible only applied if wind speeds exceeded 74 mph or greater and was declared by NOAA to be a Hurricane. A Named Storm deductible includes tropical depressions (max sustained winds 38 mph or less) and tropical storm (max sustained winds 39 to 73 mph). 4. Scheduled coverage or a Margin Clause — Coverage will be limited to value reported in your statement of value for each item or 110% of the reported value 5. Unintentional Errors and Omission — Reduced from $10 million to $2.5 million (unscheduled property) Utility Property Program: The County's renewal based on a total insured value of $259,128,905; a 4.1% increase in values. Star's rate increase is 20%, which lines up with similar renewals in the State. Policy limit for all perils remains at $60 million. Program Term Changes: 1. Named Storm coverage reduced from $30 million to $20 million Inland Marine: This year the program was sent to five markets direct and six through a wholesaler. The renewal exposure/values are up 9.3% and the renewal premium is $120,000 with a 13.2% increase. There are no material changes to forms. Excess Workers Comp: The Excess Workers Compensation market continues to be limited in Florida for entities that have Police and/or Fire exposures, which are subject to presumption laws. This year the County received two renewal options from the incumbent carrier: 1. $850,000 deductible with a premium of $329,233; 13.4% premium increase 358 2. $1,000,000 deductible with a premium of $272,808; 6.0% premium decrease Staff recommends option 1 - $850,000 SIR per claim, which is the same as the expiring policy. The County's property and casualty coverage is funded through the Self Insurance Fund (502). This is an Internal Service fund that is supported by charges to operational funds of the County. The current fiscal year's portion of the proposed premium will be funded from account number 50224613-034590 (Self Insurance Fund - Other Insurance). A budget amendment will be processed at a later date to fund the additional $256,119 needed in the current fiscal year. Since the insurance program renews mid -year and encompasses two fiscal years, an increase in funding for the upcoming fiscal year will also be necessary to fund the overall 27.91% in premium increases. Since the Self Insurance Fund is supported by all other departments, the premium costs are distributed across all County departments. RECOMMENDATION: Staff recommends the Board approve the proposed renewal and authorize staff to bind coverage for May 1, 2023 through April 30, 2024 with a current annual premium of $4,042,976.11. The renewal premium is based upon the current schedule of values, coverage selections and includes the annual broker fee of $175,000. ATTarwMFIUT- AJG Executive Summary 359 13 46) Gallagher Insurance I Risk Management I Consulting 360 Indian River County Board of County Commissioners Table of Contents Executive Summary ........................................................................ ServiceTeam................................................................................... ** Gallagher **O CORE 360 ............................................................... 3 ............................................................. 22 Indian River County Board of County Commissioners ±Gallagher O CORE360 Executive Summary We are very pleased to present Indian River County BOCC with a comprehensive property and casualty insurance proposal effective May 1, 2023 — May 1, 2024. This executive summary provides a high-level overview of our renewal accomplishments and alternatives for consideration. It is broken into the following components: • Marketplace Analysis — current insurance industry conditions • Property Program Analysis • Casualty Program Renewal The Big Picture 2023 PROPERTY MARKET OUTLOOK & GALLAGHER STRATEGY WHAT IS HAPPENING? - A true hard market defined by more demand for insurance than supply — the market shift for property insurance and reinsurance in catastrophic zones of the U.S. will be similar to shifts occurring after 2005 Katrina, Rita, Wilma Hurricanes, and 9/11 attacks in 2001 WHY IS IT HAPPENING? - Unprofitable Property Insurance Books for Carriers — there has been a prolonged period of poor investor return (5 years of negative property insurance returns) — Hurricane Ian was the straw that broke the camel's back, heightening this underlying pressure - Cost of Capital / Interest Rate Movement — investors now have risk-free returns of 4%+ therefore have not entered the market in droves like happened following other market corrections — it is likely reinsurers and insurers will have to prove they can make money for material new investor capital to enter the CAT property business - Reinsurance Correction — the backstop insurance supporting commercial carriers (called reinsurance) has had a severe correction, impacting direct insurers. Most insurers are facing a 2023 reality of doubled retentions and 30-50% rate increases from reinsurers. - Inflation Driving Demand for Capacity — reinsurers are demanding every insurer is providing adequate property valuation across their portfolio including the impact of inflation on the current costs of construction — this has led to circa +10% inflation -driven exposure growth (aka additional demand while supply is already constrained) - Climate Change — insurers and reinsurers are increasing their expectations of both the freauencv and severitv of Indian River County Board of County Commissioners # Gallagher *•CORE 360 - Simplistically, it will lead to significantly higher costs and reduced capacity (property insurance limits) available to clients with significant catastrophic exposures. The worst of this pressure is being seen for Florida hurricane exposures - Smaller programs will be impacted more significantly than larger — the reason for this is capacity is a strained commodity in 2023 — in many ways clients will be paying for aggregate limit which does not equally scale down with a smaller client's size - New carriers have limited new business capacity — thus far, we have seen "grandfathering" by incumbent carriers generally offering lower costs and better terms than new markets HOW ARE PUBLIC SECTOR CLIENTS RESPONDING? - For 3/1 renewals, Gallagher has seen nearly every client retain more risk — either through increased deductibles, reduced limits (chosen by buyers), or co -participation in the property program (again chosen by buyers to reduce cost) - We anticipate this trend to continue throughout 2023 in the public sector HOW CAN RISK MANAGERS HELP? - Accurate Property Valuation is #1 — insurers are taking a very aggressive approach toward undervaluation in 2023 — if your cost per square foot is low compared to peers, some markets will not entertain your risk, or they will charge you a surplus should insurers view your risk as undervalued - For hurricane and loss affected clients, narratives around efforts to mitigate losses, such as pre - vetted disaster contracts, around the clock patching of facilities, as well as facility hardening efforts that prevented additional loss is important to differentiate your risk quality to insurers HOW IS GALLAGHER ADVOCATING FOR CLIENTS? - All Hands on Deck - we've initiated a bi-weekly task force of our entire Public Sector team to share market intelligence, insurer -specific results, alternative risk financing approaches, as well as client strategies to combat the market correction - Creativity — we are actively exploring every potential option for clients, including re -alignment of insurance layers, program carve -out opportunities, alternative deductible & co -participation options as well as alternatives to traditional insurance. Access to All Available Forms of Capacity in Every Domicile Globally — Gallagher is the only broker with in-house access to all forms of available capacity, including traditional insurance, facultative (FAC) reinsurance, treaty reinsurance & capital markets in every global market, including the U.S., London, Bermuda, Continental Europe and Asia. 1 --- - - global footprint to enhance the level of competition and benefit y renewal. "No Surprises" — we are actively working to make sure you as our cl 4 Indian River County Board of County Commissioners# Gafther OIZE360 continual basis. Our team places over $200 Billion of insured property values – as soon as market changes are seen we are able to leverage this data for the benefit of all of our clients Public Sector & K-12 Education Market Update The Big Picture Public entities and K-12 schools continue to face rate increases, capacity issues and for some, difficulties obtaining coverage. The challenges vary by region and line of coverage. A confluence of factors continue to challenge the industry, including: o Social inflation—the trend of rising insurance costs as a result of increased litigation o Plaintiff -friendly judgments and "nuclear" jury awards o Increased storm activity and pandemic -related losses (although not reaching carriers' worst- case scenarios, pandemic -related losses are still a factor) Rate increases are moderating for some lines. Insurance companies' books of business are in a better position following several years of raising rates, restricting limits and increasing deductibles. General Liability –All Lines Umbrella and Excess Liability coverage continues be a struggle in certain geographic areas of the country due to state immunity statutes and statewide litigation and claims trends. We continue to see rate increases, and they are larger for public entities and K-12 schools than for other classes of business. The median rate change for clients in general was 5.4% in Q4 2022; for a sampling of public sector clients, it was 9.7%. Auto Liability rates are still climbing, with 82% of public sector clients experiencing an increase. The total miles driven are almost back to pre -pandemic levels. High jury awards, social inflation and third -party litigation are driving up claims costs. Claim costs are also influenced by inflation, supply chain delays and labor shortages. Sexual Abuse and Molestation Liability coverage continues to be very difficult to place. Limits are being slashed, premiums are increasing at a very high rate and client retentions are soaring, especially in states that have rolled back claims reporting dates in order to revive old claims. This will continue to be a difficult line of coverage for months if not years to come. Law Enforcement Liability continues to be a challenging placement. There is a lot of flux regarding law enforcement liability reform and shortages of trained and qualified staff. Many insurance carriers have reduced limits and increased premiums accordingly. Excess Workers' Compensation Our review of select public sector and K-12 clients indicate that 45% experienced a rate increase, 4% were flat, and 51% enjoyed rate reductions. The medium rate change in Q4 2022 was -.8% There are a limited number of carriers that will write this coverage for public sector. That reduced competition contributes to higher rates, in comparison to the larger decreases seen in the broader market. In Florida, we really only have two major carriers and four carriers that will even consider Florida exposure. Florida's presumption laws is an undesirable market for carriers to write governments with Police or Fire exposure. Most of our accounts our grandfathered in below market retentions therefore were unable to create competition and drive rates down. Arch who has Indian River County Board of County Commissioners Gallagher ,* CORE 360 - significant market share will not write new business with Fire or Police below $2 million retention. Cyber WHERE WE'VE BEEN (THROUGH Q4 2022) Last year, the cyber market experienced massive premium increases, a trend that began in prior years and continued unabated. Underwriters became more strict about individual client cybersecurity controls (i.e., multifactor authentication). Through 2022, many organizations continued remote working environments, while cyberthreat actors continued to exploit inherent data security weaknesses. Loss ratios for carriers improved over the last 18 months as they applied sublimits to ransomware cases. While there was a noted decrease in the number of ransomware attacks in 2022, we noted an increase in litigation related to wrongful data collection. This trend is one we are watching closely, as regulators seem to be more focused on it and several states are following California in passing more robust privacy laws. _ . ... - . . r et Rate 1reri,: .. - _, no. 711tt - 3010 3070_ 7010�7 . in 3011 �W. . m . 30. � � - XkV � . � .... .. . .. .: :. 40, .. O 01 0 ..QIP �tlt, .. m 00 9t . . � � OR. .. .. iii/m6M1/Ir16Cl.a .. .. .. 04:2=:Cybw Rafe Chaeges . WHERE WE ARE The cyber market continues to remain hard; however, we are seeing more modest increases and, in some rare cases, flat renewals or slight decreases as the market has continued to stabilize. More carriers continue to express concern with systemic cyber risk and remain focused on quantifying how a systemic cyber loss may 11 10.0% median rate change in Q4 2022' 10 Decrease Flat a♦ Increase Indian River County Board of County Commissioners I Gallagher .•CORE360 impact a book of business. We are seeing a focus on modeling tools that may help illustrate the effects of events such as cloud outages, cyber war between nation -states and cyber attacks on critical infrastructure. Many primary cyber carriers have modified policy language to impose sublimits in the event of a systemic cyber incident. For example, some carriers may impose sublimits as low as 10% for systemic losses, which means they may only provide 10% of the policy limit in case of a widespread or systemic cyber loss. For ransomware attacks, sublimits restricting coverage to 50% of the limit are now common. In some cases, coinsurance is applied to ransomware cases, where the insured shares part of the cost up to the sublimit. In addition, underwriters are growing more concerned with rising regulatory risk related to wrongful data collection, and some have modified policy language to constrict coverage for regulatory risk. Cyber carriers continue to be laser -focused on cybersecurity controls, and the level of cyber protection continues to have a direct and significant impact on policies offered. Multifactor authentication, privileged access management, endpoint detection and response, and patch management programs remain at the top of the wish list for many cyber underwriters. The median increase in Q4 2022 for cyber policies was 10.0%, with 66.4% taking an increase. WHERE WERE GOING Underwriters are looking for verification of controls and may move toward formal validation by an independent third party. This is driven, at least in part, by increasingly complex and ambiguous underwriting questions applicants must now answer as part of the application process. While we have not seen a significant number of carriers leave the marketplace, we see a continued strain on capacity, as demand for limits generally outweighs supply. As significant amounts of cyber premium continues to be ceded to reinsurers, reinsurers are in turn seeking out capacity via insurance -linked securities. We see both the reinsurance community and capital markets as key to increasing capacity, and the overall growth of the cyber insurance market in this quarter and beyond. Indian River County Board of County Commissioners w� Gallagher O CORE 360' Property Program Overview Catastrophe Model Results Non -Utility Program In order to assist in selection of an appropriate named windstorm limit of insurance, we have included the windstorm catastrophe model. The County's valuation is a concern for many markets this year. We will need to revisit the appraisal conversation prior to 2024 renewal. Including Utilities Excluding Utilities Excluding Utilities Program 2020 2022 2023 Critical Return Prob. Period ow Ground Up After Deductible After Deductible ($5M Max) (No Max) 0.10% 1,000 74,676,490$ 43,422,001 $ 47,099,841 0% 5001 a 53,260,282 30,062,963 $ 4m 32,788,628 0.40% 250 < 34,723,816 n.� 18,981,905 $ 20,822,019 00%11, 1001 15,563, � 8,022,25&-' 8,916,423 AAL s:.:: 555,558 $ 299,81.2: $ 330,512 2017 Property Overview In 2016 the County has submitted a claim for Hurricane Mathew which exceeded the 40% loss ratio the rate agreement was subject to. The claim was still in its early stages during renewal negotiations and the adjuster was still collecting data to properly value the claim and evaluating coverage. As a result, we approached your incumbent markets early and they all agreed to the rate agreement in place. We also negotiated to extend the flat rate agreement to 2018 renewal subject to the 40% loss ratio. However the rate agreement was not applicable to the 2018 renewal due to 2017 and 2018 losses. Historical Results The chart below shows the annual changes in limits, values, premiums, rates and named storm limit back to 2007. Purchased Limit Ir $152,645,263 $0.31 $152,645,263 $152,645,263 $161,495,446 $475,474, $0.29 $161,495,446 $161,495,446 ,, •.: r �"+, _�, :rte ,a %41222,60,7.,114 $994,JM $0.45 222,607,714 JA 222,607,714 .;°+ $342,013,3 $2,387,50 $0.7 , '150,000,000 50,000,000 r rr r� ^� �,. $414,241,37 1,950,350 $0.47 150,000,000 50,000,000 xs. + $426,623,770 1,412,500. $0.33 175,000,000 25,000,000 t VP, 4 %$301 ' $1,350,000M $0.45fill., 200,000,000 50,000,000 ,* $347,436,734 514 $1,049,302 Y 'A $0.30 200,000,000 50,000,000 F $332,426,422?>� $1,316,000 ;w $0.40 200,000,000 25,000,000 WL $333,657 064' 1,264,537 200,000,000 25,000,000 � t $342,345 7641,205,000k $0.351 200,000,000 35,000,000.1. AIV . �7t ;$343,203 562 $994,238 $0.2 200,000,000 35 000,000 i 8 Indian River County Board of County Commissioners L Gallagher OCORE360 Pre Annual Rate Limits , Named Storm Purchas Limit $352,048,567 $948,446 $0.27 200,000,000 40,000,000 m $365,509,174 $984,710 v $0.27 200,000,000 40,000,000 $381,676,150 $1,221,337' $0.32 200,000,000 40,000,000 -- tfx- $372,933,092 $1,324,438 $0.36 200,000,000 1 40,000,000. �R $533,312,836 1 $1,794,080'Ilia,$0.34 225,000,000 70,000,000 r x$538,208,775 $2,002,133 $0.37 225,000,000 70,000,000 �r Prior to 2008 the First Primary $1,000,000 of Property Coverage provided in Package policy and not included in premium above. In 20-21 the program was split into two towers, above includes the combined overall results. In 20-21 we recommended spitting the program into two towers (utility and non -utility), the above includes the combined results. 2020 Property Overview The County's total insurable values for the 20-21 renewal increased from $381,605,432 to $548,820,748, a total increase of 47%. The increase was due to an appraisal the County completed in 2019. The appraisal allowed us to identify the County had enough Utility assets to carve out and approach Star Tech, an MGA that specializes in Utility programs. We offered several program options and the County decided to go with the two separate program towers: • Standalone Layered Program (Non -Utility Assets) with Star Tech (Utility Assets) c Total Premium excluding Fees $1,876,307, o Additional premium of $549,313 expiring, a 3.92% decrease in rate. Two major advantages gained by providing coverage for the Utility assets on a separate policy are a cost savings as well as an increase in the total overall limits and Named Storm limits available in catastrophic loss. 2022 The County elected to trend their building values by 3%. The renewal premium was $1,511,638, which is a 5.9% rate increase. The majority of the limits and deductibles remain unchanged except: 1. Installation Coverage — No coverage provided, expiring $250,000 2. Personal property outside of U.S.A — No coverage provided, expiring $250,000 however each carrier has their own definition of territory therefore not all carriers agreed in 2021 3. Underground Property — No coverage provided, expiring $500,000 Westchester reduced their capacity on your primary layer from 40% of $25 million to 20%. Westchester has been a long-term partner providing the same capacity since 2016. We also replaced AmRisc as they were pushing for a 29% rate increase. The Primary $25 million is oversubscribed. We added to the program Everest at 10% and Lloyds for 17.5% of the primary $25 million. M Indian River County Board of County Commissioners rGallagher „*CORE360 2023 Non -Utility Renewal Overview This year we approached 7 direct markets, 35 via domestic wholesaler and 71 syndicates via international wholesaler. The renewal is based off a total insured value of $338,660,163; an 8.4% increase. As outlined in the previous pages of this summary, this year is shaping up to be one of the hardest markets the insurance industry has experienced in recent years. Going into the County's renewal, we knew there would be challenges given the marketplace. This year carrier's use tools to determine if an account has valuation issues. If valuation is below their tools, they push for a margin clause, scheduled coverage or charge a rate increase over and above the market average. Below is snap shot of the County's approach to values since 2020: Value Trend HISTORY 2020 47% 2021 1% 2022 3%J 2023 5% We also experienced many carriers reducing their capacity to much smaller line sizes and increasing their rates in conjunction. New capacity is coming to the table rather slowly, and comes in at significantly high rates relative to the expiring program. The following page will show two separate mud maps/schematics: 1. 2023 Starting Point— Showing lost capacity from expiring and indications or quotes received to date: Direct Non -Utility Deductibles All Perils $100,000 exmpt SFHA5%of the value perunit ofinsurance, minimum$100kper occunece " Named Stonn5%ofthevalue Rerunitofinsurance miminmum3100k Waiting Period 24 Hours Indian River County Board of County Commissioners PAGallagher CORE360 2. $165M AOP / $25M CAT Perils Program Option —Will provide final mud map on binding proposal Based on conversations with the County, we agreed to explore the below options. The premium reflected is not final and is a not to exceed: All Other Perils Named Storm Flood & Earthquake Premium Premium Rate Per Occurrence Per Occurrence Aggregate (not to exceed) % % $165,000,000 $25,000,000 $25,000,000 Each except $2,255,000 49.14% 37.58% SFHA $10,000,000 $100,000,000 $25,000,000 $25,000,000 Each except $2,157,000 42.67% 31.61% SFHA $10,000,000 $50,000,000 $25,000,000 $25,000,000 Each except $2,011,000 32.99% 22.68% SFHA $10,000,000 Program Term Chanqes Based on the two quotes received or items communicated with indications, below are the material changes and additional terms may change once the program is final: 1. County has decided to consider reducing Named Storm coverage from $40 million to $25 million based on rate increases 2. Hurricane Deductible changed to Named Storm — The previous Named Hurricane deductible only applied if wind speeds exceeded 74 mph or greater and was declared by NOAA to be a Hurricane. A Named Storm deductible includes tropical depressions (max sustained winds 38 mph or less) and tropical storm (max sustained winds 39 to 73 mph). 3. Maximum Deductible Cap for Named Storm or Special Flood Hazard P 4. Scheduled coverage ora Margin Clause— Coverage will be limited to value for each item or 110% of the reported value is Indian River County Board of County Commissioners %Gallagher 4 CORE360 5. $10,000,000 Debris Removal sublimit added or 25% of the loss, whichever is lesser 6. Dedicated $5,000,000 Expediting Expense sublimit removed and now included with the $5,000,000 sublimit for all Time Element Coverages (Business Income, Extra Expense and Expediting) 7. Added $10,000,000 sublimit for Protection and Property 8. Special Flood Hazard Area deductible to be applied to locations partially within zone vs. "wholly" 9. Unintentional Errors and Omission — Reduced from $10 million to $2.5 million 10. Swing Clause — reduced from 5% to 2.5% 11. Coordinating Adjuster — Your current adjuster is retiring. We will need to make a change at renewal. Do you want to talk to a few adjusters before determining who to go with? We have also received a quote from Swiss Re for 10% of a Primary $40 million for $1.4 million. The caveat is we would have to change to their form. We suspect surge will be moved into Flood which would be aggregated and other terms would be in the carrier's favor. We our working on a quote comparison and will share it once it is complete. The above not to exceed premiums assumes we do not use their capacity. Utility Historical Overview Named Storm JWed Limit 2020 'F$240,987,448 �. $579,247 ! $.2348 $60,000,000 $30,000,000 2021, . $242,955,795 $650,004 $.2634 $60,000,000 $30,000,000 2022 v $248,919,888 1 $736,424 IM $.2890 3, $60,000,000 $30,000,000 2023$259,128,905 $880,6913 $.3332 $60,000,000 $20,000,000 ,. 2023 Utility Renewal Overview The County's renewal based on a total insured value of $259,128,905; a 4.1% increase in values. The rate is still about 50% less than the Non -Utility Tower. Description 2022 2023 Policy Limit — Any One Occurrence $60,000,000 $60,000,000 Earth Movement — Aggregate $25,000,000 $25,000,000 Flood (including storm surge) - Aggregate $10,000,000 $10,000,000 Special Flood HazardArea— Aggregate $1,000,000 $1,000,000 Named Windstorm — Any One Occurrence $30,000,000 $20,000,000 Premium and Fees $736,424 $880,691 Difference from expiring 20% The renewal will include scheduled coverage therefore, recoveries will not exceed the amount reported on your statement of values for the asset or item damaged. We recommend spot appraisals and/or full appraisals prior to 2024 obtain blanket coverage. Flood The Starr Tech Utility Property program includes $1,000,000 Aggregate in Special Flood Hazard Area (SFHA). The County Utility schedule has $35,133,145 in SFHA. In 2020, we recommended the County purchase a blanket flood coverage for four specified buildings at South Central WWTP the renewal premium is $Q AAq Thic is nn A Rao/ increase. This policy is primary and provides an additional $1,250,500 in additional floc $25,000 Per Building Deductible. 12 Indian River County Board of County Commissioners �i Gallagher CORE369:: Equipment Breakdown In 2020, the County's Equipment Breakdown policy came off a three-year rate agreement. We received two quotes and we recommend the County remain with the Incumbent, Travelers. Travelers made the below material changes: 1. Added Water Damage sublimit of $100,000, expiring policy provided up to policy limit. 2. Removed Deductible Waiver — This waived your deductible if the claim also triggered your Property policy and exceeded your property deductible. 3. Removed Underground Pressure Vessel and Piping coverage — This exclusion was removed, as the exposure no longer applies to the assets being covered. This exclusion carried forward from 2019 when the program included Utility assets. The Equipment Breakdown policy with Travelers is for the non-utility assets as presented in our Property section with a total insured value of $338,660,163 and the policy provides a $100 million limit. The renewal premium is $12,206 plus $244 FIGA surcharge. This is a $1,700 increase, which is a 15.81% premium increase. The Utility Assets Equipment Breakdown coverage is included in Star Tech / ACE American Ins. Co. Inland Marine — Vehicles over $100,000, Contractors Equipment, Rented & Leased Equipment and Golf Carts In 2021, we fully marketed the program on your behalf and received various declinations stating they could not compete with your current program or provide coverage requested. Auto Physical Damage has become more difficult to place due to carriers our concerned with concentration of vehicles or equipment. Your carrier added a $2,500,000 sublimit for each peril of Named Wind Storm and Flood. The 2020 program included Named Windstorm and Flood up to the $20,000,000 policy limit. We did offer alternatives with purchasing excess Named Windstorm and Flood, which would add an additional $100,000 in premium to the program to increase limits to $20 million. This year we approached five markets direct and six through a wholesaler. The renewal exposure is up 9.3% and the renewal premium is $120,000. There is no material changes to forms. Historical Overview 14-15 $14,816,005 $45,854 $0.3095 15-16 $19,531,041 $53,032 $0.2715 16-17 $21,970,630 $53,606 $0.2440 17-18 $22,973,220 $51,771 $0.2254 18-19 $25,088,873 $59,790 $0.2383 19-20 $29,592,882 $67,193 $0.2271 20-21 $34,365,792 $74,954 $0.2181 21-22 $35,439,055 $94,513 $0.2667 22-23 $39,594,962 $106,048 $0.2719 23-24 $43,275,554 $120,000 $0.2772 % Change 9.3% 13.15% 1.9% The County will need to continue the audit the current policy and the Cc expenditure for leased equipment. 13 Indian River County Board of County Commissioners 0& Gallagher #CORE 3. 6. Terrorism Property, NCBR Property & Terrorism Liability including NCBR The County's Terrorism policy provides $100 million in property damage & NCBR policy provides $10 million in property damage. Both policies cover all locations currently reported on your Property program, and inland marine schedule. The rating basis is the total insured value for this renewal which is $640,954,870, a 6.66% exposure increase. The renewal premium is $53,500; a 22.33% increase. The increase is due to market conditions specifically the war in Ukraine. We did also request a quote from Liberty however to date they have not provided an alternative. The Terrorism policy will remain on the Vehicle A form which follows your all risk placement with sublimits that override the all-risk in respect to terrorism only. These sublimits include Claims Preparation, Transit, Seepage Contamination and Pollution / Clean-up, etc. The policy provides financial loss as a result of a threat, loss of attraction including non -damage to the insured out to a 2.5 mile radius from an insured location and denial of access including non -damage out of 2.5 mile radius from an insured location. The NCBR Property Damage and Liability coverage form was updated in 2021 and remains unchanged in 2022. The prior policy only provided coverage if the chemical, biological, nuclear or radiological weapons were result of terrorism or sabotage. The new form provides coverage to scheduled property as long as the damage is a result of chemical, biological, biochemical, radiological or nuclear material. Crime In 2021 we marketed your policy as the County was coming off a three year policy with Hanover and they had paid a $288,200 loss during the multi-year term. The County remained with Hanover and opted for a three year term with annual installments. The 2022 installment premium is $6,597. Last year, Hanover has updated their Government form from an ISO 2006 to the latest 2015 edition. They also increased the County's deductible from $5,000 to $25,000. Public Entity Excess Liability In 2020, the County was coming off a rate agreement with Brit (now Ambridge). We marketed your program to five markets and coverage remained with Brit for a 7% rate increase. In 2021 based on expiring marketing, we approached Safety National. Safety declined to quote based on current premium. In 2021, Ambridge moved to a new coverage form and below were the material changes: 1. Our current policy has nine coverage sections. The new form has ten coverage sections. 2. The intent is liability limits cannot be stacked, loss is recoverable under ONE coverage section 3. Added exclusion for: Any liability arising out of the flooding, cracking, seepage, accidental discharge, partial or complete structural failure or over -topping of a DAM for which the INSURED is legally liable. A DAM is defined as: DAM means any artificial barrier, including, but not limited to, spillways, berms or reservoirs that have the ability to impound water for the purpose of storage and/or control of water that is greater than 25 feet in height with storage capacity of more than 15 acre-feet or greater than 6 feet in height with storage capacity of more than 50 acre-feet. DAM also means levees and any dam classified as high hazard. 4. The Law Enforcement Liability now includes an exclusion for Auto Liability. This ensures Auto Liability claims addressed within Auto Liability coverage section. 5. Your expiring Errors & Omissions, Law Enforcement and General Liability sections included coverage for Sexual Abuse and Sexual Harassment. Sexual Abuse now has its own claims made coverage form and dedicated limit. The new coverage form requires potential claims be reported within 180 days after initial discovery of any actual, attempted or pending allegation. Many insured historically had Occurrence coverage within their General Liability and this is a trend we are seeing across the industry. The retro date for this section is May1, 2021. Prior Sexual Abuse coverage for the County was written on an Occurrence form. 14 Indian River County Board of County Commissioners w Gallagher •*CORE360 6. Extended Reporting Period changed from 100% max annual premium to 200% max annual premium 7. Added Exclusion for Communicable Disease In 2022, due to the challenges we would be facing with the Workers Compensation we recommended marketing. We approached five markets: 1. Old Republic— Indicated 30%+ more 2. Berkley - $275,000 to $300,000 3. Safety - $250,000 to $300,000, we would need the EMS retention to equal the General Liability retention 4. Munich - $275,000 to $300,000 Ambridge offered a renewal premium of $207,500, which is a $25,400 increase from expiring. This was a 14% premium increase. Ambridge has two new material changes: 1. Added an endorsement clarifying that their limit is subject to the County paying the total loss and they would reimburse the County. 2. Named Insured — Per my email on March 8, Ambridge is trying to get away with each policy have different "manuscript" named insured endorsements. As a result, the below language will be removed in 2022 It is here by noted and agreed that the NAMED ASSURED is Indian River County Board of County Commissioners and all persons who were, now are or shall be lawfully elected or appointed officials or employees while acting for or on behalf of the Public Entity; Current or former Boards, Commissions, Councils Authorities, Agencies, or other entities of the County, even if newly created and current or former elected or appointed officials, members of Boards, Commissions, Councils, Authorities or Agencies, etc. and employees of the County, even if newly elected, appointed, hired, etc. and Volunteers acting for or on behalf of, and at the direction of, the Public Entity, not including any person working on a retainer or as an independent contractor, Officials and employees of the Public Entity appointed at the request of the Public Entity to serve with an outside tax exempt entity. Other entities or persons, to the extent required by agreement, contract or lease with the County or Boards, Commissions, Councils, Authorities, Agencies, etc. of the County. Other entities, persons or organizations providing service to you under any mutual aid or similar agreement. This year we approached Ambridge and Berkley. We received feedback from Berkley they be approximately $215,000. We don't recommend considering their indication based on the small difference in premium and their overall coverage form includes three coverage parts vs. six therefore Ambridge provides additional limit. Ambridge has offered a renewal premium of $222,000 a 6.99% premium increase. Ambridge also offered an option to remove the Law Enforcement Liability coverage which would result in a credit of $27,800.00. Below you will find the exposure changes year over year: The renewal includes three material changes: 1. EMS Operations SIR will be increased from $25,000 to $50,000; we can expect this to be increased in future renewals until it is $200,000 15 Employees 1,661 1,721 3.6% Vehicles 470 493 1101,302,483 4.8% Payroll 92,767,841 4% The renewal includes three material changes: 1. EMS Operations SIR will be increased from $25,000 to $50,000; we can expect this to be increased in future renewals until it is $200,000 15 Indian River County Board of County Commissioners Gallagher 0 CORE 369 2. New Exclusion — PFAS and Chemicals Exclusion New form outlining that the Policy does not insure against any loss arising out of or in any way attributed to PFAS (Per- and Polyfluorinated Substances) or the PFAS content of any substance or product. 3. General Policy Condition 7 Claims, Occurrences or Suits Amendment - This updated form outlines the County's responsibilities to provide timely reporting of losses and what happens if the carrier rights to assume control of the investigation, defense or settlement. Underwriters shall have the right, but not the obligation, to be associated with the INSURED in, and/or assume control of, the investigation, handling, defense or settlement of any CLAIMS, SUITS or proceedings relative to an OCCURRENCE or CLAIM where in the sole opinion of the Underwriters, Underwriters' liability under this Policy is likely to be involved. In the event Underwriters assume control of the investigation, handling, defense or settlement of any CLAIMS, SUITS or proceedings relative to an OCCURRENCE or CLAIM, then DEFENSE COSTS incurred are part of, and not in addition to, the ULTIMATE NET LOSS and the INSURED'S obligation to pay the SELF INSURED RETENTION, and any applicable MAINTENANCE DEDUCTIBLE or any other applicable deductible or deduction under this Policy, will remain unchanged. Brit continues to require Johns Eastern to follow their TPA guidelines to address how they expect them to manage and communicate claims. Excess Workers Compensation The Excess Workers Compensation market continues to be limited in Florida for entities that have Police and/or Fire exposures, which are subject to presumption laws. As a result many entities our forced to take spit retentions with Police/Fire retentions of $750,000 to $1 million. In 2015, we were successful in negotiating $650,000 retention for all classifications except $1 million for USL&H and Jones Act. The County was on a rate agreement with Safety from 2016 through 2020. In 2016, we negotiated on your behalf a flat rate with Safety as well as a rate agreement for 2017, 2018, 2019 and 2020. In 2021, Safety pushed for a 12.3% rate increase. At that time, the County had one large with a total incurred of $820,000, which involved an employee airlifted to the hospital. In 2022, we anticipated a tough renewal based on four open claims. We approached your incumbent, Arch and Midwest. Arch indicated a minimum SIR for Fire and Police at $2 million and $1 million all other classes. Midwest indicated the lowest SIR they would consider is $1.5 million and the premium would be $350,000. The carrier pushed the County's SIR from $650,000 to $850,000 to mitigate the premium increase. We also offered a SIR buy down however the County opted not to purchase. The County's payroll reported for the 2023 term is a 4% increase. The carrier offered two options on renewal Renewal Options Option SIR Premium % Premium Rate % Rate Change Change A $850,000 except $1 M $329,233 13.38% $.325 9.02% for USL&H / Jones Act B $1,000,000 $272,808 -6.05% $.2693 -9.66% 16 i - . Indian River County Board of County Commissioners Gallagher * CORE 360 Cyber / Excess Cyber Liability The County obtained its first Cyber Liability policy in 2014. The carrier was AIG and they provided a $1,000,000 limit with a $25,000 Deductible. In 2020, moved to Travelers for a savings of $7,035. That same year, the County suffered a security incident and used True Digital to respond to the event. True Digital is not an approved vendor under Traveler's policy. We started to see rates increase in 2021 and markets pull away from offering coverage to Public Entities. The County received one of the lowest increases at 25% and was able to maintain its $25,000 deductible. We requested True Digital be approved as the County's Forensic Vendor for future incidents. However based on the volatility of the market, the carrier does not want to approve prior to an event. By October, Travelers started requiring a multi -factor authentication attestation form. As soon as we saw this change, we communicated to the County to expect a 2022 challenging renewal. In 2022, we split up the submission into two submissions based on lack of controls. The County's overall premium increase in 2022 was 41 %. 1. Indian River County Board of County Commissioners, Property Appraiser of Indian River County Supervisor of Elections of Indian River County 2. Indian River County Clerk of Circuit Court and Comptroller— We received declinations due to lack of MFA, class of business, outside guidelines or revenue size. We recommend the Comptroller implement MFA as required. Once they have the proper controls we go out to market again and/or request for Travelers to add mid-term. We did not include coverage in 2022 for the below constitutionals: • Indian River County Sheriffs Department • Clerk of the Circuit Court and Comptroller of Indian River County • Tax Collector of Indian River County This year we marketed your coverage to 11 markets and received three quotes. COVERAGEi Travelers Star Crum & Forster CyberRisk Policy Aggregate $1,000,000 $1,000,000 .$1,000,000 $1,000,000 Liability Privacy and Security $1,000,000 $1,000,000 $1,000,000 $1,000,000 - Payment Card Costs / PCI $1,000,000 $1,000,000 $1,000,000 $1,000,000 - Media $1,000,000 _ $1,000,000 $1,000,000 $1,000,000 - Regulatory Proceedings $1,000,000 Breach Response Privacy Breach Notification $1,000,000 - Computer and Legal $1,000,000 Com eg Experts p $1,000,000 $1,000,000 $1,000,000 $1,000,000 Included $1,000,000 above $1,000,000. $1,000,000 - Betterment $100,000 $100,000 Excluded Indian River County Board of County Commissioners ; Gallagher s* CORE 360 Crum & Forster offered additional options: A. $2,000,000 limit with $200,000 Dependent Business sublimit and $50,000 Deductible for $61,869 B. $3,000,000 limit with a $300,000 Dependent Business sublimit and $50,000 Deductible for $75,126 C. $3,000,000 limit with a $300,000 Dependent Business sublimit and $100,000 Deductible for $68,365 Each quote has subjectivities that need addressed prior to binding. Once we determir go with we will forward the subjectivities. 18 Travelers Star Crum & Forster - Cyber Extortion S1;00060OD . $1,000,000 ,. $1,000,000 " $1,000,000 - Data Restoration $1,000,000 $1,000,000 $1;000,900 $1,000,000 :Public Relations $1,000;000 $1;0.00,000 $1,00,000: $100,000/ 50k retention ::. $1,000,000 Cryptojacking Not - Provided .: Not Provided Included Cyber Crime _ - Computer Freud ::... 51,000,000 $11000,000. Not Provided ... Not Provided - Funds Transfer Fraud . $1,000,000:: X1,000,000 Not-ProMed Not:Provided -: Sochi Engineering Fraud... $100,000 $100,000. $100,000. $250,000: -Telecom Fraud $100,000 $100,000 $100,000... Business Less -:Business Interruption $1,000,000 $11000,000. $1,000,000. $1,000,000 - Dependent Business Interruption $1,000,000. $1,000;000 $1,000,000 - ..$100,000 - Dependent Business Interruption - System Failure $1,000,000 $1,000,00o $1;000,000 -Dependent Business Interruption - $1,000,000 Outsource Provider -Dependent Business Interruption - $1,000,000 Outsource Provider - System Failure $1' $25,000 for CBP Security Failure or .$250,000 CBP $1,000 ,0(10 - Reputation Harm $250,000 $250;000 t, $250,000:.. - System Failure $1,000,0001 $1,000,000 $1,000;000 Deductible $25;000 $25,000: Not Available: ::. Not Available Premium (excluding surcharges) $42,870 .588;349.11 % Change over expiring 0' Increase deductible to $50;000 Premium_ $53;002 Savings for .deductible NA NA NA $50,000 NA 544;192 Increase deductible to :41000006 $100,000' Premium. $50,728 $35;101 Savings for increase deductible ,. Crum & Forster offered additional options: A. $2,000,000 limit with $200,000 Dependent Business sublimit and $50,000 Deductible for $61,869 B. $3,000,000 limit with a $300,000 Dependent Business sublimit and $50,000 Deductible for $75,126 C. $3,000,000 limit with a $300,000 Dependent Business sublimit and $100,000 Deductible for $68,365 Each quote has subjectivities that need addressed prior to binding. Once we determir go with we will forward the subjectivities. 18 Indian River County Board of County Commissioners Ancillary Policies Gallagher ••CORE360 Watercraft Protection & Indemnity / Hull In 2022, we marketed your program to three carriers and received one competing quote. The County remained with their incumbent and this year we approached them for a renewal quote. The decrease is due to the removal of the 1998 Caroline Skiff. Premium (excluding FIGA) Great American Expiring $8,288 Great American Renewal $5,951 P&I Limit $1,000,000 $1,000,000 P&I / BI/ PD Deductible $2,500 $2,500 Hull Deductible 5 0 Boston Whaler $5,000 $5,000 Twin Yamaha Motors $1,000 $1,000 Nautica Fire Boat $750 $750 Aluminum Jon Boat $500 $500 Carolina Skiff $1,000 $1,000 Carolina Skiff $1,000 Removed Statutory AD&D (Firefighters & Sheriff) In 2021, this policy paid out a statutory benefit of $75,000 and the total written premium for the last five years was $55,464. In 2022, we marketed your program to AIG (incumbent), Chubb, Hartford and Zurich. Zurich declined, as they were not able to offer the Florida Statutory Benefits, Chubb indicated over $25,000 and Hartford indicated $50,000. The two-year annual installment premium is $12,362. This is the last year of the two year policy. New Coverage for Consideration Active Shooter We obtained an Active Assailant and a Workplace Form Law Enforcement 497 547 Fire 300 594 EMT/Paramedic ONLY 5 0 TOTAL 802 1,141 Difference 42% New Coverage for Consideration Active Shooter We obtained an Active Assailant and a Workplace W Form Claims Made Indemnity Form Primary Coverage or Excess Primary Liability Coverage Included Limit Policy Aggregate $1,000,000 A. active assailant event occurring at your premises; or B. specific threat being made to carry out an active assailant event at your premises; W Indian River County Board of County Commissioners Gallagher *#CORE 360 County overview of expiring vs. renewal program for all coverages The following table provides an overall snapshot of the 2022 vs. 2023 Policy Poh-U11IIIIIIIIIIIIIIIIIIIIIIIIMurrent Included First Party Property Damage up to policy limits Pro a Non-Utilit Business Interruption Reimbursement for your actual loss sustained during this time up to $2,157,000 120 indemnity period state within the policy, 6 hour waiting period Lost of Attraction Includes cover for an incident occurring off premises within one mile Mil from your premises Scheduled Owned Coverage Yes Off -Site No, if off-site premises coverage desired an additional premium of Multi 25% Threat Coverage Reimburse you for your actual loss sustained during the indemnity 8.55% period as a direct result of an interruption to your business activities $100 Mil caused directly by any specific threat first made during the period of $12,450 the policy to carry out an active assailant event at your premises. Victim Compensation & Extra Covers Funeral Crisis Counseling Bodily Injury for any employee or Expense third part Victim Per Sublimit $100,000 Event Responders (Vendors) Access to the services of a panel of Event Responders: US based $10 Mil risk management $33,500 entity that operates in safety and security, emergency preparedness, 25.42% disaster management and public safety counseling services Specific Locations Excluded court houses; $120,000 detention centres'- entres;juvenile 13.15% juvenilecorrection facilities; $1 Mil police stations; $6,597 police training facilities; 0% prisons; sheriff departments; and shooting ranges. Deductible $10,000 Liability $1,000 Property & Business Interruption Premium $7,600 plus $250 Premium $5,000,000 $10,000,000 Off Premises Coverage 25% of the above premium County overview of expiring vs. renewal program for all coverages The following table provides an overall snapshot of the 2022 vs. 2023 Policy Poh-U11IIIIIIIIIIIIIIIIIIIIIIIIMurrent Renewal Premium Premium Premium n e Pro a Non-Utilit $100 Mil/$25Mil $1,511,642 $2,157,000 $645,358 42.69% Pro ert(Utility)$60 Mil $736,424 $880,691 $144,267 19.59% Flood Multi $9,067 $9,843 $776 8.55% Equipment Breakdown $100 Mil $10,750 $12,450 $1,700 15.81% Terrorism $100 Mil $17,025 $20,000 $2,975 17.47% NCBR PD & Liability $10 Mil $26,710 $33,500 $6,790 25.42% Inland Marine $20Mi1/$2.5 Mil $106,048 $120,000 $13,952 13.15% Crime $1 Mil $6,597 $6,597 $0 0% 20 Indian River County Board of County Commissioners Gallagher ApOCORE 360 Conclusion We look forward to reviewing this proposal with you in detail and truly appreciate your business. In the following pages we will review the results, changes, enhancements and options by each line of coverage: Michael Gillon Area President Erica Connick, ARM -P Area Senior Vice President 21 era a 7Liability Limits Premium Premium Increase Chane .. tity Excess $2 Mil/$4Mil $207,500 $222,000 $14,500 6.98% Excess Workers Comp Statutory Max $290,368 $329,233 $38,865 13.38% D&B $1 Mil $42,870 $58,349.11 $15,479 36.1% Hull/P&I $1 Mil $8,288 $5,951 -$2,337 -28.20% Statutory AD&D $75,000 $12,362 $12,362 $0 0% AJG Brokers Fee $175,000 $175,000 $0 0% Total $3,160,651 $4,042,976 $882,325 27-91% Conclusion We look forward to reviewing this proposal with you in detail and truly appreciate your business. In the following pages we will review the results, changes, enhancements and options by each line of coverage: Michael Gillon Area President Erica Connick, ARM -P Area Senior Vice President 21 Indian River County Board of County Commissioners K3CORE Gallagher 360 Service Team Michele Montgomery, CPCU, ARM -P, AINS Area Senior Vice President (407) 563-3517 Michele_Montgomery@ajg.com Claims & Loss Control Bart Douglas (305) 639-3121 D LManaging Director - Gallagher Claim Advocacy Practice (305) 807-1128 M Bart_Douglas@ajg.com Group, Claims Advocate (P&C) Smith (561) 996 6009 D_gional Loss Control Leader (561) 310=1747 M Jim_Smith@ajg.com Arthur J. Gallagher Risk Management Services, Inc. Main Office Phone Number: (407) 370-2320 22 Erica Connick has primary service responsibility for your company. We operate using a team approach. Your Service Team consists of: Name / Title Primary Service Team Phone Email Erica Connick, AAI, ARM -P, CAM (407) 563-3554 D Erica—Connick aoajg.c om Area Senior Vice President: (407) Z44=.1775 M Michael Gillon, ARM (407)563-3$50 D Michael Gillon@ajg.com Area President, Branch Manager .(407) 538-4751 M.: Sandra Sierra, (407) 563-3531 D Sandra_Sierra�o a' com tg' Client Service Manager Backup Service Team (407) 463-0152 M Carmen Bishop, AAI Senior Client Service Manager (407) 563-3546 D Carmen_Bishop@ajg.com 7563-3542 D (.. ) Monica Storts,.CRM Client Service Manager Monica Stotts@ajg.com (407).563-3516 D Ann_Mullen@ajg.com Mn.Service Client Service Manager Agent Michele Montgomery, CPCU, ARM -P, AINS Area Senior Vice President (407) 563-3517 Michele_Montgomery@ajg.com Claims & Loss Control Bart Douglas (305) 639-3121 D LManaging Director - Gallagher Claim Advocacy Practice (305) 807-1128 M Bart_Douglas@ajg.com Group, Claims Advocate (P&C) Smith (561) 996 6009 D_gional Loss Control Leader (561) 310=1747 M Jim_Smith@ajg.com Arthur J. Gallagher Risk Management Services, Inc. Main Office Phone Number: (407) 370-2320 22 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: Acquisition of Right -Of -Way for Aviation Boulevard and US -1 Improvements from Myron and Davene Madsen DATE: April 8, 2023 DESCRIPTION AND CONDITIONS Myron and Davene Madsen (the Madsens) are the owners of 4 parcels of property totaling 0.66 -acre located on the southeast corner of U.S. Highway 1 and 32nd Street as shown below as Figure 1. Figure 1. Madsen property aerial photo 382 ID -91 Page 2 Acquisition of Right-of-way for Aviation Boulevard Extension & US -1 Improvement From Myron and Davene Madsen For April 18, 2023 BCC Meeting The parcels are zoned RM -10/12 Residential Multi -Family 10 to 12 units per acre and C -1B General Commercial Trades + Services. These properties are rectangular in shape along U.S. Highway 1 with a total of 203 feet of frontage and are a total of 567 feet deep and lie within the unincorporated County. The Madsens purchased these properties in July 1St, 1981 and May 11th, 1984. The improvements located within the area of take consist of: • A 6 -total room with 1 -bathroom single family home • A carport and patron parking lot with connections to U.S. Highway 1 and 32nd Street • A closed porch and canopy • A 12,235 square feet store previously operating as Mike's Cut Rate Furniture Please see the sketch and legal description attached to the Agreement to Purchase and Sell Real Estate that is included with this memorandum. The Madsens operated Mike's Cut Rate Furniture from this location for many years. The business recently closed and the website and telephone numbers are no longer working. Shortly after the business closed, the Property was listed for sale by Lambert Commercial Real Estate, Inc. Seeing that the property was listed for sale and knowing that it will be needed in the plans to expand Aviation Boulevard in the future, staff decided to use its real estate agent, Collier's International to negotiate this purchase. On November 2, 2021, Collier's International Florida, LLC, (Collier's) and the County entered into an agreement for Collier's to act as the County's real estate company in order to purchase and sell real estate and to act as County's Agent to purchase and sell property. The agreement with Collier's contained a provision for Collier's to use an agent as the potential buyer instead of the County. Staff reasoned that using an Agent in some situations might enable the County to get a fair purchase price and negotiate the terms of the transaction at arm's length for purchase of the Property. On [date] Collier's, using CREC Capital, LLC, a Florida limited liability company, as the buyer and acting as the County's Agent, entered into an Agreement to Purchase, Sell, and Lease Real Estate Between CREC Capital And/Or Assigns And Myron Madsen Jr. & Davene Madsen (Agreement) for purchase of the four parcels of real estate depicted in Figure 1. The Agreement, signed by CREC and the Madsens is attached to this memo. It is the intent of CREC to assign to the County all of the terms and conditions of the Agreement dated [date]. Also attached to this memo is an Assignment of Agreement to Purchase, Sell, and Lease Real Estate Between CREC Capital And/Or Assigns And Myron Madsen Jr & Davene Madsen ("Assignment"). If the Board votes to purchase the property and authorizes the Chair to sign the Agreement, staff will also ask the Board to approve the Assignment and authorize the Chair to sign the Assignment. At that time, County will step into the shoes of CREC and participate as a party to the Agreement, relieving CREC of its duties and obligations under the Agreement. One of the terms of the Agreement is to deposit $25,000 into escrow as down payment. CREC has already deposited the money into escrow and under the terms of the Assignment with CREC, the County would replace CREC's $25,000 escrow deposit with County funds, thus relieving CREC of any further duties as to this transaction. After the County completes its inspection of the buildings, the Agreement calls for another $50,000 deposit to be made and held in escrow. Both payments will be credited to the County at closing. Barry Segal, Esq. is representing the Madsens. 383 C:\Users\asechen\Documents\Staff Report.doc Page 2 Acquisition of Right-of-way for Aviation Boulevard Extension & USS Improvement From Myron and Davene Madsen For April 38, 2023 BCC Meeting Ron Lambert was the broker hired by Mr. Madsen and listed the Property as a whole at $1,100,000. The County obtained an appraisal from Armfield and Wagner that estimates the value of the Property to be $1,000,000. A copy of this appraisal report is available for review at the Public Works Department. Through negotiations with Mr. Madsen's attorney and broker after offering $700,000.00 and then $900,000.00, the parties agreed to the listed price to the Board of $1,100,000 in the full and final amount, including all attorney's fees and listing costs. Since the parties reached the Agreement to Purchase and Sell Real Estate ("Agreement" attached) through negotiations with the attorneys, this Agreement settles the case in full. STAFF RECOMMENDATION: Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate for the Madsen's property and approve the Assignment of Agreement to Purchase, Sell, and Lease Real Estate Between CREC Capital And/Or Assigns And Myron Madsen Jr & Davene Madsen and authorize the Chairman to execute the documents on behalf of the Board. Staff also requests the Board to authorize the Office of Budget and Management to request written checks, if needed for the amounts of $25,000 and $50,000 for escrow payment. FUNDING: Funding in the amount of $1,100,000 for this acquisition is budgeted and available from Traffic Impact Fees /District 2 Aviation Boulevard Extension US -1 to 37th Street and to 41St Street in Account # 10215141-066120-22010. Account Name Account No. I Amount Aviation Boulevard Extension US -1 to 37th Street and to 41 St Street 1 10215141-066120-22010 1 $1,100,000 Attachments: Agreement to Purchase and Sell Real Estate with Exhibits Assignment of Agreement to Purchase, Sell, and Lease Real Estate Copies to: Collier's CREC Capital, LLC, 8124 Los Pinos Boulevard Coral Gables, FL 33134 APPROVED AGENDA ITEM FOR: April 18, 2023 384 C:\Users\asechen\Documents\Staff Report.doc AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN CREC CAPITAL AND/OR ASSIGNS AND MYRON MADSEN JR & DAVENE MADSEN THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of this day of March, 2023, by and between CREC Capital, LLC, a Florida limited liability company, and/or assigns ("the Buyer"), and Myron Madsen, Jr. & Davene Madsen, ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 3146 US Highway 1, 1375 32nd Street, 1385 32nd Street and 3136 US Highway 1, Vero Beach, Florida 32960. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the BUYER and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the Buyer, and the Buyer hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 3146 US Highway 1,1375 32nd Street, 1385 32"d Street and 3136 US Highway 1, Vero Beach, Florida 32960 (Parcel A) and more specifically described in the legal descriptions attached as Exhibit "A", fee simple, containing a total of approximately 0.065 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Properties"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Properties shall be $ 1,100,000.00 (One Million and One Hundred Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the Buyer shall have approved the execution of this Agreement. 2.2 Deposits. Within five (5) days of the Effective Date of this Agreement, BUYER shall deposit, and cause to be placed in an escrow account maintained by the Escrow Agent (The Law office of Barry G. Segal, P.A) the amount of TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) to be paid in the manner described below ("Earnest Money"). Buyer's obligation to close the transaction in accordance with provisions of this Agreement is contingent upon the Seller's ability to deliver good and marketable title for the Property and to satisfy any other conditions set forth herein. Should the Seller default hereunder, the Buyer shall be entitled to an immediate refund of the entire sum of the Earnest Money held by the Escrow Agent. 385 An additional FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00) shall be deposited with Escrow Agent within three (3) business days following the expiration of the Inspection Period. The first deposit of TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) is referred to as the "Inspection Period Deposit", and the second deposit of FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00), together with the Inspection Period Deposit, shall be referred to as the "Contract Deposit". Buyer and Seller hereby appoint The Law office of Barry G. Segal, P.A , to act as the Escrow Agent for the transaction contemplated by this Agreement and to hold the Earnest Money in escrow subject to the terms of this Agreement. 3. Title. Seller shall convey marketable title (herein determined as per the Title Standards adopted by the Florida Bar and in accordance with Florida law) to the Properties by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided there exists at Closing no violation of any of the foregoing. ("Permitted Exceptions"). 3.1 Buyer may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Properties. Buyer shall within thirty (30) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to Buyer if (a) Buyer fails to deliver notice of defects within the time specified, or (b) Buyer delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from Buyer of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, Buyer shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. INSPECTIONS. 4.1 Inspections. Buyer, its agents, employees, and representatives shall have ninety (90) days after the Effective Date to perform any and all inspections of the Property as the Buyer deems necessary (the "Inspection Period"). During the Inspection Period, Buyer shall, at its sole cost and expense, determine that utility services including, water, wastewater, electric, telephone and all other utilities are available in the proper size and capacity to serve the existing facilities and installed to the property lines. At all times during the Inspection Period, Buyer and its agents shall be provided with reasonable access during normal business hours to the Property for purposes of on-site inspection, upon reasonable prior Notice (a minimum of twenty-four (24) hours) to Seller. The scope of the inspection contemplated herein shall be determined by Buyer N as deemed appropriate under the circumstances and for this Property. If Buyer obtains a Phase I Environmental Audit deeming it necessary to obtain a Phase II Environmental Audit, Buyer will be granted an additional forty-five(45) day extension to the Inspection Period and Closing Date to complete same. During the extended period for a Phase II Environmental Audit, Buyer may only terminate this contract for reasons identified in the Phase II Environmental Audit in Buyer's discretion. In order to avail itself of this extension, Buyer, prior to the end of the Inspection Period, must deliver written notice to Seller of the need for the extension and a copy of the Phase I Environmental Audit recommending the Phase II Environmental Audit. Buyer shall indemnify, defend and hold Seller harmless from any claims for injury or damage to persons or property caused and/or suffered by Buyer and/or any party accessing the Property at the request of or on the behalf or benefit of Buyer ("Buyer Parties" while accessing the Property. Buyer shall, and shall cause the Buyer Parties to, carry liability insurance with limits of not less than $1,000,000 per occurrence and provide certificates of insurance to Seller prior to the entry of the Property, 4.2 Termination. Buyer, at any time during the Inspection Period and in its sole discretion and for any reason whatsoever, shall be entitled to terminate this Agreement. U p o n t h e termination of the contract and as a condition of the return of Buyer's deposit (to the extent required by the contract), Buyer shall deliver copies of all studies, reports, plans, applications, surveys or other documentation obtained by Buyer and/or any Buyer Parties during the Inspection Period. In such event, Buyershall provide a written cancellation notice by mail, email or facsimile to Seller and/or Seller's counsel and receive the immediate refund of all deposit monies paid to date. Upon such termination, the Escrow Agent shall be authorized to deliver the deposit monies, together with any interest earned, if any, as directed by the Buyer, and the parties shall have no further rights or obligations pursuant to this Agreement. In such event, Escrow Agent shall be entitled to rely solely upon Buyer's instructions, and Seller shall not be entitled to object to the disbursement of the Escrow Deposit. 4.3 Restoration. Buyer shall restore any damage to the Property caused by Buyer's inspection of the Property except in the event of any gross negligence or misconduct by Seller or its agents. Notwithstanding anything contained herein to the contrary, Buyer shall not indemnify or hold Seller harmless with respect to, and Buyer shall not be required to, remove, remediate, dispose or otherwise deal with any "Hazardous Substance", sampling derived from the Property containing Hazardous Substances which it finds in connection with its Due Diligence Investigations of the Property. 5. Representations of the Seller. 5.1 Seller is indefeasibly seized of marketable, fee simple title to the Properties, and is the sole owner of and has good right, title, and authority to convey and transfer the Properties which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 387 5.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Properties, and shall record no documents in the Public Records which would affect title to the Properties, without the prior written consent of the Buyer. 5.3 There are no existing or pending special assessments affecting the Properties, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 6. Default. 6.1 If Buyer fails to consummate Closing in breach of this Agreement or is otherwise in breach of any of its obligations herein, Seller may, as its sole and exclusive remedy, terminate this Agreement, be entitled to recover from Buyer all deposits paid and agreed to be paid under this Agreement and upon notice to Buyer from Escrow Agent, Escrow Agent shall disburse all funds deposited to Seller. The parties agree that determining Seller's damages from Buyer's breach is impractical and that the deposits paid are a reasonable estimate of such damage. Accordingly, Seller may retain the Deposit as liquidated damages for such a breach and, in the event that Buyer fails to properly tender any deposit required by this Contract, said amount shall be due Seller from Buyer. Seller hereby waives and releases any right to pursue any other remedy at law or in equity. This Section governs only pre -Closing remedies and does not limit Seller's rights under any provisions which survive Closing or termination of this Agreement. 6.2 In the event the Seller shall fail to perform any of its obligations hereunder, the Buyer shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the Buyer nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 7. Closing. 7.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within forty five (45) days following the expiration of the Inspection Period. 7.2 The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the Buyer a warranty deed conveying marketable title to the Properties, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, Buyer may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the Buyer an affidavit, in a form acceptable to the Buyer, certifying that the Seller and any interest 12 holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the Buyer shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 7.3 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 8. Personal Property. 8.1 The Seller shall have removed all of its personal property, equipment and trash from the Properties. The Seller shall deliver possession of the Properties to Buyer vacant and in the same or better condition that existed at the Effective Date hereof. Normal wear and tear shall be tolerated relative to the condition of the Property at closing. 9. Closing Costs; Expenses. Buyer shall be responsible for preparation of all Closing documents. 9.1 Buyer shall pay the following expenses at Closing: 9.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 9.1.2 Documentary Stamps required to be affixed to the warranty deed. 9.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 9.2 Seller shall pay the following expenses at or prior to Closing: 9.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Properties. 10. Miscellaneous. 10.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for actions to enforce this agreement only. 10.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the Buyer relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 10.3 Assignment and Binding Effect. Buyer may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns but Buyer shall not be released from its obligations hereunder. 10.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: With a copy to: Barry G. Segal; Barry G. Segal, P.A. 3096 Cardinal Drive, Suite 2C Vero Beach, FL 32963 Telephone: (772) 567-5552 Facsimile: (772) 567-5772 E-mail: barry@verobeach-law.com If to Buyer: CREC CAPITAL 801 Brickell Ave Attn: Warren Weiser Either party may change the information above by giving written notice of such change as provided in this paragraph. 10.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other 390 person whatsoever. 10.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 10.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 10.8 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the Buyer. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. Buyer: CREC Capital, LLC, a Florida limited liability company Seller: By: Its: Myron Madsen, Jr. Davene Madsen 7 391 EXHIBIT "A" PARCEL A Parcel 1 Lots 1, 2, and 3, Block 3, R.D. CARTER'S SUBDIVISION, as recorded in Plat Book 4, Page 28 of the Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida. Parcel 2 Lot 7, Block 3, R.D. CARTER'S SUBDIVISION, according to, the plat thereof recorded in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 4, Page 28; said land now lying and being in Indian River County, Florida. 392 ASSIGNMENT OF AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN CREC CAPITAL AND/OR ASSIGNS AND MYRON MADSEN JR & DAVENE MADSEN THIS ASSIGNMENT of Agreement to Purchase, Sell, and Lease Real Estate Between CREC Capital And/Or Assigns And Myron Madsen Jr & Davene Madsen ("Assignment") is entered into as of the day of April, 2023 by and between CREC Capital, LLC, a Florida limited liability company, whose address is 8124 Los Pinos Boulevard, Coral Gables, FL 33134, ("CREC") and Indian River County, 1801 27th Street, Vero Beach, FL 32960, a political subdivision of the State of Florida (the "County"): RECITALS WHEREAS, on November 2, 2021, Collier's International Florida, LLC, (Collier's) and the County entered into an agreement for Collier's to act as the County's real estate company in order to purchase and sell real estate and to act as County's Agent to purchase and sell property if needed; and WHEREAS, on [date] Collier's, using CREC as a sub Broker and acting as the County's Agent, entered into an Agreement to Purchase, Sell, and Lease Real Estate Between CREC Capital And/Or Assigns And Myron Madsen Jr. & Davene Madsen (Agreement) for purchase of four parcels of real estate located at 1375 32nd Street, 1385 32nd Street, 3146 US Highway 1, and 3136 US Highway 1, Vero Beach, FL 32960, as depicted on the aerial photo attached as Exhibit "A" (the Property"); and WHEREAS, the County used CREC as its Agent in this matter in an effort to get a fair purchase price and negotiate the terms of the transaction at arm's length for purchase of the Property; and WHEREAS, it is the intent of CREC to assign to the County and for the County to accept the assignment of all of the terms and conditions of that certain Agreement to Purchase, Sell, and Lease Real Estate Between CREC Capital And/Or Assigns And Myron Madsen Jr & Davene Madsen, dated [date]; and WHEREAS, it is the intent of the parties for the County to step into the shoes of CREC and participate as a party to the Agreement, relieving CREC of its duties and obligations under the Agreement. 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. Effective Date. Commencing on April 18, 2023, upon approval of the Agreement by the Board of County Commissioners, CREC hereby assigns all of its right, title and interest in Page 1 of 3 393 the Agreement to the County on the same terms as those set forth in the Agreement. Should the Board fail to approve the Agreement, this Assignment shall be null and void. 3. Coordination and Cooperation for Deposits. CREC was required to deposit into escrow with the Law Office of Barry Segal, the amount of twenty-five thousand and 00/100 dollars ($25,000.00). Within three days approval of the Agreement and Assignment, the County shall deposit the same amount into Mr. Segal's escrow account as a replacement for CREC's deposit. The County hereby consents to Mr. Segal returning CREC's deposit to CREC. CREC shall be relieved from making any other deposits under the Agreement. 4. Notification of Assignment. The County shall send a copy of this Assignment to the following Tenants at the below addresses as contained on their Leases: 5. Notices Concerning the Agreement and Assignment. All notices concerning the Agreement, Assignment and the Property should be directed to: Indian River County Attn. Public Works Director 1801 27th Street Vero Beach, FL 32960 (772) 226-3490 CREC Capital, LLC Attn. 8124 Los Pinos Boulevard Coral Gables, FL 33134 6. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Assignment this _ day of April, 2023. CREC CAPITAL, LLC a Florida limited liability company By: , Manager Witnessed by: signature:_ Printed name: Page 2 of 3 signature:_ Printed name: 394 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph H. Earman, Chairman Date Approved: ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller By: Deputy Clerk APPROVED AS TO FORM: William K. DeBraal Deputy County Attorney APPROVED: John A. Titkanich, Jr. County Administrator Page 3 of 3 395 1 1 1 t AN APPRAISAL REPORT OF THE 76 LOTS. LOGATEQ ALONG 32"DSTREEt /W Q 33�D STREET BETWEEN U.S. #1 AND 13TH AVENUE IN ' VERO BEACH, FLORIDA 32,960 APPRAISAL #+16698 1 :;fes 1 1 1 1 1 1 ARMFIELD-WAGNER APPRAISAL & RESEARCH INC. 1940 107}1 AV9NUE, P.O. BOX 781 , PETER D. ARMFIELD, MAI CERT GEN RZ524 VERA seAcm. FLORIDA 32880 DANIFI A- NFI SON- CFRT GFN R7R97 I T*! itim"Amr. /772\ im-i-nR49 Mr. Brian Good, P.E. APPRAISAL #46698 Senior Vice President Kimley-Horn February 28, 2023 Page Two Our opinion of the Market Value of the fee simple estate of the subject property utilized the Sales Comparison Approach. We considered comparable sales of commercial sites throughout the subject neighborhood and competing areas. Based on the analyses presented in this appraisal report, it is our opinion that the Market Value of the fee simple estate of the property appraised herein, "As Is," as of February 24, 2023, is as follows: ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000) Our opinion of the Market Value of the subject property equates to $75,000 per lot. Further, there are three alignments being considered for these lots, identified as Alternatives or ' Alignments A, B, and C. Alignment A and C both include the same 13 lots with Alignment B having 14 lots. Our opinion of the Market Values of these three alignments are also provided, as follows: Alignment A 13 lots $ 975,000 Alignment B 14 lots $1,050,000 Alignment C 13 lots $ 975,000 The above Market Value conclusions have conditions and assumptions that are assumed to be ' correct, as discussed in the appraisal report. It should be noted that if some or all of these conditions or assumptions are not correct, it could affect our opinion of the Market Values, as ' provided herein. We believe thea appraisal report to be complete, but an questions you may have are welcomed. pp P p � Y q Y Y Sincerely, � I I I U � I � I TABLE OF CONTENTS LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS 1 ....................... EXTRAORDINARY ASSUMPTIONS.. _ ........ .. ........ 2 SUMMARY OF APPRAISAL ....... .. ..... ... . ...... . 4 INTRODUCTORY COMMENTS . ...... .._ ... ....... 5 .. SCOPE OF WORK .............. .... .. ....... 6 PROPERTY OWNER AND SALES HISTORY ............ ... .. 7 LEGAL DESCRIPTION ........... ............. . ... .. . .. 8 LOCATION MAP ................ ... , ........ ..... 9 SUBJECT PHOTOGRAPHS - TAKEN FEBRUARY 24, 2023....................::.. 10 INDIAN RIVER COUNTY AREA DATA ......... ...... ..................._ .. -... . 16 ' NEIGHBORHOOD.......... . ........... ........... ....... 16 ZONING........ .. ..... ....... ... ... ... 19 CONCURRENCY . ....... .. .... . . ... . .. . 20 UTILITIES ........ .... .. . ........ .... 21 TAX INFORMATION .... ... , ... ... 21 SITE DESCRIPTION .. . ... . .............. 23 .. PLAT MAP.. ••.... 24 AERIAL MAP . ..... . .. .. . .. .. .. ............. 25 ....... • . FLOOD-ZONE 27 , CENSUS TRACT .... RACT...... 27 HIGHESTANDBESTUSE• . .. .. .. .., ... . 27 VALUATION ANALYSIS .......... .............. . .. 29 LAND SALE #1` .... , .. .. 32 .... AERIAL MAP - LAND SALE #1 . . ,, . , .. ..... ..... ....... . .... ... .. 33 LAND SALE #2..... .................... 34 ............... , . AERIAL MAP -SALE #2 , 35 LAND SALE #3 .... . .. . .. AERIAL MAP SALE #3 .. .. 37 LAND SALE #4 .. AERIAL MAP LAND SALE #4 3S - . .................... 39 LAND SALES SUMMARY AND ADJUSTMENT GRID . 40 LAND SALES LOCATION MAP .. . MARKETING TIME ... .............. 41 43 REASONABLE EXPOSURE TIME ... .................................. 44 CERTIFICATION OF APPRAISAL . .. , QUALIFICATIONS OF THE APPRAISER.. . .. :.. 45 , 47 APPRAISAL LICENSES .. ....... 50 I I 1 LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS 1. The value given in this appraisal report.represents the opinion of the signer as to the Value AS OF THE DATE SPECIFIED. Values of real estate are affected by an enormous variety of forces and conditions will vary with future conditions, sometimes sharply within a short time. Responsible ownership and competent management are assumed. 2. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 3. The property is appraised free and clear of any all liens or encumbrances unless otherwise stated. 4. The information furnished by others is believed to be reliable. No warranty, however, is given for its accuracy. 5. All engineering is assumed to be correct. The plot plans and illustrative material in this report are included only to assist the reader in visualizing the property, 6. It is assumed that there are no hidden or apparent conditions of the , subsoil, or, structures that render it more orless valuable. No responsit ility is unwed:fbesuch conditions or for arranging for engineering studies that mar be requited to dlscov.Qr th+sm. 7. it is assumed that there is full compliance with .all applicable federal, slate, and local environmental regulations and laws unless noncompliance is stated; defineo. and considered in the appraisal report. 8. it is assumed that all applicable zoning and use regulations and , vith lave been ' compiled with, unless a nonconformity has beenstated, defined, and c�rtsiderel In the appraisal report. 9. It assumed that all required licenses, certificates of occupancy, r onser s{ ori legisiattkrre or administrative authority from any local, state, or national goveric nt �r p nate artily or organization have been or can be obtained or renewed for any use on vs+hi vvdue estimate contained' in this report is based. 10. It is assumed that the utilization of the land' and improvements it _1 he bitttndaries of ..property tines of the property described and that there is no,Qncxaacfirrient:prunless noted in the report. 11. The distribution, tf any, of the total valuation in this report between land and 6hft applies only under the stated program, of. utilization. Th separate a oil$ ns for land and buildings must not be used in conjunction with any other appraisal and: ar+erid ii'so used. 12. Possession of this report, or a copy thereof, does not carry with it the riot of publication. It may not be used for an purpose p rpose by any person otfier than the party to is addressed without the written consent of the appraiser, wind to any eventt only with ptopere quatificatttan and only In its entirety. LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS (continued) 13. The appraiser herein by reason of this appraisal is not required to give further consultation, testimony, or be in attendance in. court with "reference to the property in question unless arrangements have been previously made. 14. Neither all nor any part of the contents of this report especially any contusions as to value, the identity of the appraiser, or the firm with which the appraiser is connectedor any reference to the Appraisal Institute, or the MAI or SRA designations shall be disseminated to the public through advertising, public relations, news, sales, or other media without prior,written consent and approval of the appraiser. 15. Unless otherwise stated in this report, the existence of hazardous matenat,. which may or may not be present on the, property, was not observed b : thea icer. the i` KY y ppra apps ser has no knowledge of the, existence of such materials on or in the property. The -apprtl er, however, is not qualified to detect such substances. the presence of substances such as asbestos, urea -formaldehyde foam insulation, or other potentially hazardous materials iil*af#ectthe value of the property. The value estimate is predicated ,on' the assumption. that is no such ,< material on or in the property that would cause a loss in value. No responsibi is,assumed for any such conditions, or for any expertise or engineering knowledge requure�l to.discover them.. 16. The Contract for the appraisal of said premises is fullflilled by the signer`hereto upon the delivery of. this report duly executed. 17. The appraiser has examined the available flood maps that are provil by the Federal Emergency Management Agency and 'has noted in the appraisal reportlhsubject site is located in an identified Special Flood Hazard Area:- Because the appr erg not a surveyor, he makes no guarantees, express or Implied, .regarding this deterrrainatiort. . I & The Americans with Disabilities Act (ADA) became effective January14k,190Z, We hays not ' made a specific compliance survey and analysis of this property to deteixnrne whether or not it is in conformity with the various detailed requirements of the 'ADA, tt . possible that a compliance survey of the property. together with a detailed analvsis of flig", rirtntc. f%f th a EXTRAORDINARY ASSt.IWTIONS Extraordinary assumptions are assignment -specific assumptions,'ss of the eff dotive date; about the subject property being appraised regarding uncertain information used in -aclysis. Should -such assumptions be found to be false, the appraisers' -conclusions or opinions #old be altered. - This information might include physical, legal, or economic characteristics ofthosu ' property, p p ►tY, or conditions external to the property, such as market conditions or trends; or the Integrity of the r data used Man analysis. 2 LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS (continued) 13. The appraiser herein by reason of this appraisal is not required to give further consultation, testimony, or be in attendance in. court with "reference to the property in question unless arrangements have been previously made. 14. Neither all nor any part of the contents of this report especially any contusions as to value, the identity of the appraiser, or the firm with which the appraiser is connectedor any reference to the Appraisal Institute, or the MAI or SRA designations shall be disseminated to the public through advertising, public relations, news, sales, or other media without prior,written consent and approval of the appraiser. 15. Unless otherwise stated in this report, the existence of hazardous matenat,. which may or may not be present on the, property, was not observed b : thea icer. the i` KY y ppra apps ser has no knowledge of the, existence of such materials on or in the property. The -apprtl er, however, is not qualified to detect such substances. the presence of substances such as asbestos, urea -formaldehyde foam insulation, or other potentially hazardous materials iil*af#ectthe value of the property. The value estimate is predicated ,on' the assumption. that is no such ,< material on or in the property that would cause a loss in value. No responsibi is,assumed for any such conditions, or for any expertise or engineering knowledge requure�l to.discover them.. 16. The Contract for the appraisal of said premises is fullflilled by the signer`hereto upon the delivery of. this report duly executed. 17. The appraiser has examined the available flood maps that are provil by the Federal Emergency Management Agency and 'has noted in the appraisal reportlhsubject site is located in an identified Special Flood Hazard Area:- Because the appr erg not a surveyor, he makes no guarantees, express or Implied, .regarding this deterrrainatiort. . I & The Americans with Disabilities Act (ADA) became effective January14k,190Z, We hays not ' made a specific compliance survey and analysis of this property to deteixnrne whether or not it is in conformity with the various detailed requirements of the 'ADA, tt . possible that a compliance survey of the property. together with a detailed analvsis of flig", rirtntc. f%f th a EXTRAORDINARY ASSt.IWTIONS Extraordinary assumptions are assignment -specific assumptions,'ss of the eff dotive date; about the subject property being appraised regarding uncertain information used in -aclysis. Should -such assumptions be found to be false, the appraisers' -conclusions or opinions #old be altered. - This information might include physical, legal, or economic characteristics ofthosu ' property, p p ►tY, or conditions external to the property, such as market conditions or trends; or the Integrity of the r data used Man analysis. 3 EXTRAORDINARY ASSUMPTIONS (continued) 1. Based on evidence from nearby properties and from utilities authorities, the subject property is being appraised as if utilities are available to the property sufficient in capacity to support the Highest and Best Use, at costs that are typical to competing properties. 2. It is assumed that the subject property does not have any adverse site factors, such as fuel, oil, or other soil or environmental conditions that are hazardous to the subject property. 3. The subject property consists of (16) essentially vacant lots located along the north side of 32nd Street and both sides of 33rd Street, midway between U.S. #1 and 13' Avenue, in Vero Beach, Florida. The lots are each 50 feet by 150 feet in size, totaling 7,500 square feet. The overall parcel size is 800 feet by 150 feet, or a total of 120,000 square feet, which equates to 2.75 acres. These lots are located in R.D. Carter Subdivision. We have utilized the site information provided on the Indian River County Property Appraisers records to estimate the size of these lots and the subject overall parcel. The appraisal is subject to a survey providing a Legal Description, all site dimensions, along with the total site area. 4. The subject property was physically inspected (limited drive-by inspection only) by Daniel A. Nelson on February 24, 2023. Peter D. Armfield had made a previous drive-by inspection of the subject property. These lots have been inspected from the adjacent roadways and no inspections have been made of the interior of the lots, or any of the older residential structures. ' These older residences are not estimated to contribute any value, based on their age and condition. The appraisal is subject to a complete inspection of the subject property appraised. 5. Current zoning of the subject property is RM -10/12, Multiple Family Residential. Discussions with the Planning Director at the City of Vero Beach indicated that the subject property can be rezoned to all C-1 B, Commercial Trades and Services, in his opinion. We have assumed that the subject property (all 16 lots) are all zoned C-1 B. 4 SUMMARY OF APPRAISAL 1 Property Type: Vacant Commercial Lots Ownership: RDC Phoenix, LLC Addresses: 1386, 1378, 1366, 1356 & 1.3461 &d Street - 5 lots 1375,1365,1355,1345 & 1335 33rc1 Street - 5 lots 1366, 1346, 1336,1326 & 1,316 Wd Street - 6 lots Vero Beach, Florida 32968 Effective Date of Appraisal: February 24, 2023 Date of Inspection: February 24, 2023 Date of Report Preparation: February 24 - February 28, '2023 Date of Appraisal Report: February 28, 2023 Inspected by: Daniel A. Nelson & Peter D. Arm6eld, MAI Property Rights Appraised: Fee, Simple Estate Purpose of the Appraisal: Provide our opinion of the M et P� Value of the subject property, Intended Use users of Appraisal: To assist client and intended in making valuation decisions on the subjectproperty for road alignments and .proposed right- f y acquisition. Intended- Users of the Appraisal: Mmley-Hom arnd Indian Rives qty. Appraisal complies with the 2022 - 2023 Uniform Standards of 'professional Appralsal Practice (USPAPj: Yes, Appraisal Report. Zoning: (Current) Currently RM-10/12, Multipl Fa, ally R dential (Assumed) C-1 B, -Commerdla1 Trades` Se�c District , Land Area: (Overall Parcel) 124,000 + SP­ 2.75 *- Acres Lot sizes: (16 lots) each 'W x'450' = 7,%d SF , Highest and Best Use: Future development with commercial use, as demand warrants. (See Rep It): Opinion of Market Value: ue. tAlignment A 13 lots ($75,00011-ot) $ 975,000 Alignment B 14 lots ($75,000/Lot) $12050,000 Alignment C 13 lots ($75,000/Lot) $ 975,000 I Ii t 5 INTRODUCTORY COMMENTS PURPOSE OF THE APPRAISAL AND RIGHTS APPRAISED The purpose of this appraisal is to provide our opinion of the Market Value of the fee simple estate of the subject property (16 lots), as of February 24, 2023. Further, there are three alignments being considered for these lots, identified as Alternatives or Alignments A, B, and C. Alignment A and C both include the same 13 lots with Alignment B having 14 lots. The appraisal is provided in an Appraisal Report format. MARKET VALUE DEFINED Market value is the major focus of most real property appraisal assignments. Both economic and legal definitions of market value have been developed and refined. A current economic definition agreed upon by federal financial institutions in the United States of America is: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated. 2. Both parties are well informed or well advised, and acting in what they consider their own best interest. 3. A reasonable time is allowed for exposure in the open market. 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents a normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. SOURCE: Uniform Standards of Professional Practice of the Appraisal Foundation; and Office of Thrift Supervision Regulation 12 CFR 564.2(f); and the Office of Comptroller of the Currency. DEFINITION OF FEE SIMPLE ESTATE Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. SOURCE - Taken from The Dictionary of Real Estate Appraisal Fifth Edition, sponsored by the Appraisal Institute, 2010 page 78. The subject property is reportedly listed for sale with Lambert Commercial Real Estate. The asking price for the subject property is around $14.50 per square foot. There have been some inquiries and offers on the subject reportedly and adjacent properties at around $8.50 and $10.00 per square foot. No current contracts are indicated as reportedly these interested parties have been waiting on the road alignment plans for the Aviation Boulevard Extension. LEGAL DESCRIPTION Lots 20, 21, 22, 23, and 24, Block 2, and Lots 8, 9, 10, 11, and 12, Block 2, and Lots 7, 8, 9, 10, 11, and 12, Block 3, R.D. Carter's Subdivision, according to the Plat thereof, as recorded in Plat Book 4, Page 28, of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. SOURCE: Taken from Indian River County Property Appraisers records. Subject to confirmation by current survey. Alignment A -13 lots Lots 20, 21, 22, 23, and 24, Block 2, and Lots 9, 10, 11, and 12, Block 2, and Lots 9, 10, 11, and 12, Block 3, R.D. Carter's Subdivision, according to the Plat thereof, as recorded in Plat Book 4, Page 28, of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. Alignment B -13 lots Lots 21, 22, 23, and 24, Block 2, and Lots 8, 9, 10 and 11, Block 2, and Lots 7, 8, 9, 10, 11, and 12, Block 3, R.D. Carter's Subdivision, according to the Plat thereof, as recorded in Plat Book 4, Page 28, of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. Alignment C -13 lots Lots 20, 21, 22, 23, and 24, Block 2, and Lots 9, 10, 11, and 12, Block 2, and Lots 9, 10, 11, and 12, Block 3, R.D. Carter's Subdivision, according to the Plat thereof, as recorded in Plat Book 4, Page 28, of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. A location map of the subject property is provided on the next page, followed by property photographs. Area data for the City of Vero Beach and Indian River County is retained in our office files, not considered necessary in the scope of work for this appraisal report. I I � I � I � I � I � I � I RT .-T s 3 m 2 c a m -r. CORIA D n 1 i' 10 SUBJECT PHOTOGRAPHS - TAKEN FEBRUARY 24, 2023 C� 1 11 i 1 1 1 1 } .. r 8 i 1 1 1 1 13 'w SOUTHEASTERLY VIEW .FMOM ON -LOT #9 AT 1365 33n 32x° STREET OF :OLDE. i S�E STREET. w EASTERLY VIEW ALONG:'3D LOTS ON BOTH SIDES 0 F STRET FROM ADJACEN' T�3, ;>CT ROADWAY. r i � I � I � I � I 15 F1 I I 17 Indian River Boulevard was completed in about 1995 and provides an alternative north/south route, east of U.S. #1, which bypasses the subject neighborhood. This roadway extends from Royal Palm Boulevard and the Barber Bridge to 37th Street and 53rd Street,, connecting with U.S. #1 north of the subject neighborhood. This creates a more direct_ traffic route to the hospital district for beach and south county areas, as well as an alternative north/south arterial to U.S. #1. Aviation Boulevard (a/k/a) Airport Perimeter roadway provides for improved access to and from U.S. #1 for areas to the west, as it runs southof the Vero Beach Airport and connects with Aviation Boulevard at 27th Avenue. In the subject neighborhood, it connects with U.S.: #1 at 32nd Street, with U.S. #1 then providing access to 3e Street and 37th Street and the hospital district, as well as Indian River Boulevard; Affi iwith ` tri c light ht t taming lanes is provided at U.S. #1 and Aviation Boulevard.intersection at 32"d Street. Consideration is now being given to creating an Aviation Boulevard Extension from 32"d ' Street northeasterly connecting with 36h Lane and the hospital district. This roadway alignment would then connect with 3r Street and eventually 41'0 Street to the north:. -Several plans are currently being considered for these roadway alignments. ' Pro Use PeKY The subject neighborhood is approximately 90% developed, with a variety of commercial and industrial uses, includingused car sales auto re air retail sales and o `" uses. Several P tbef rtci . older former gasoline service stations are located along U.S. #1. These staltons..no longer pump ' gas, but.have been converted to other uses, such as a pawn shop, usedcar les business, auto repair facilities, and a car wash. ' There are numerous other car repair; and used auto. repair busisses throughout the neighborhood, along with secondary industrial uses.They include Superior Aceto Service, now Auto Restoration, Express ear Auto Lube, K & B Foreign Car Service; \tero,%och Import Auto ' Service and Oxygen Plus. There are also some secondary commercial ando#fice;buildings, along with a coin laundry facitity. The newer Royal Palm Park upscale: trade warehouse project was completed' 14 2008. along the south side of 231 Street, east of 1:2' Avenue on the site of a former citrus padcrng=house. It is designed for trade warehouse and storage uses. Sales pace has been very s(ow; i Tess .than half of the units sold or leased. It appears that the primary users have..cc nsist i .f the original owner developers or their related businesses. Some other warehouse improvements had been constructed earlier and. a general` upgrading .of former uses has been completed, from about 28th Street to 29th Street aku'g lige rads# side of U.S. #1. These renovations included parrtial -demolition and renovation of..tcitrus packing house into trade warehouse uses, An Amoco station and convenience's tori constructed at ' U.S. #1 and 26th Street about 30 years ago, now containing a Chevron station, and convenience store. Previously, the only gas sales still represented in the nelghbodx)od was of a 7-11 convenience store located at the comer of U.S. #1 and 23rd Street, as the other older stations had ' all closed. 18 The former Tire Kingdom facility was sold and renovated b Boathouse Discount Marine 9 tY Y subsequently renovated and leased to a non-profit use, the Harvest Thrift Center - a/k/a UP Center. The warehouse buildings to the north had also been occupied with affiliated non-profit uses, consisting of the Harvest Food & Outreach Center. The UP Center has since moved into a larger facility west of the FEC Railroad Tracks and the former center has been renovated and now leased to a gym facility. Further, a new retaillwarehouse building has been constructed adjacent to the south and now partially leased. The southeastern portion of the neighborhood includes secondaryc ommercialand industrial uses along 12'hAvenue. These include Central Pump and Supply, Crossroads Animal Hospital, and Riverside Theatre warehouse storage: The former Vero Lawnmower Center is now closed. The Theatre and Vero Lawnmower Center had previously been purchased and reportedly planned for a crematory. There are also secondary office and fraternal club uses, such as the Elks Lodge, along with a Little League field and practice fields, including two new very good quality ballfields ' now used by Cal Ripkin. Two older mobile home parks are located to the south of these areas. The southwest portion of the neighborhood includes some secondary office and apartment uses. The former Atco.commercial building at 2456 U.S. #1 was purchased by BlIfs TV for their use. ' Other properties have been renovated over the years, but little new construction has occurred other than the prior Royal Palm Park development, along with the most recent retaflMarehouse ' building. The northern portion of the subject neighborhood contains Verds Motel, Discount Carpet & Tile, Mike's Cut Rate Furniture, along with an'older motel that was purchased and then renovated and now operated by the Source, named Camp Haven. An alder self-service oar wash is located adjacent to the north and was recently renovated. Further north. is the Big phots upscale golf facility, followed by a medical office 'buikding for the Center for Advanced Eye Care. There are also some vacant commercial arcels alo p ng the east side of U.S. #1, along with some other secondary uses. ' The Cleveland Clinic Indian River Hospital District are located to the northeast. This neighborttood, is located outside the City of Vero.Beacth limits in unincorporated Indian River" County. It contains the community's primary medical service area with a largo number of medical offices, nursing homes, etc. Across U.S. #1 to the west. of the northern portion of the sum neighbofiood is the Vero Beach Municipal Airport and Piper Aircraft, tThe subject neighborhood is characterized as being almost fully developed and properties in the neighborhood have"sbwly been upgraded and renovatedd. The majority of the neighborhood is considered to be a secondary location for commerc al/industrial development. The commercial real estate market has been Improving over the:last several years, despda he pandemic that began in March, 2020: Continued .slow growth and, renovation of existing older.propert es are - forecast for the neighborhood. More intensive commercial development is now #eing considered adjacent to the Aviation Boulevard Extension at U.S. #1 and 32". Street, reportedly induding both a 7-11 convenience store with gas . pumps, as well as a hotel, depending on the roadway alignment. 19 In summary, the subject neighborhood is conveniently located and has good access to county growth areas via U.S. Highway #1 and connecting 'roadways. ; Properties fronting on U.S. #1 generally have good exposure to intra -county traffic with other properties having convenient, 'but secondary locations. The subject neighborhood is mostly improved with older commercial/ , industrial improvements, along with some secondary commercial uses. The redevelopment transition. to more intensive commercial uses has been slow developing* due to its location away. from the major commercial and residential growth, but the neighborhood is conveniently located. The subject property is located between U.S. #1 and 13th Avenue along bo#h 32nd Street and 33' Street. This consists of an older neighborhood area that had historically been under residential rental use with older wood frame homes. This area of the subject neighborhood is now forecast for commercial redevelopment with the AirportBoulevard Extension. This roadway extension is being considered forAviation Boulevard between U.S. #1 and 32nd Street to thenortheast and W' Lane. This should improve access within this area of the subject neighborhood, as well as the Cleveland Clinic Indian River Hospital District. ZONING The zoning of the subject property is under the guidelines of the City of Vero Beach Planning and Zoning Department. Current zoning of the subject r property is RM 10112- Multiple Family Residential. However, discussions with the Planning Director at the City of Vero Beach indicated that the subject' property can be rezoned to all C-1 B,. Commercial Trades'and Services, in his ` opinion. This is considered reasonable, in our opinion, due to the forecast transition of 114, t3ject property and immediate neighborhood with the conceptually planned Aviation 64t � ]Extension. The City of Vero Beach Comprehensive Land Use Plan OLUP) would .then be c%arnged to support this .. zoning with a designation of MX, Ivixed Use, per the information provi+ded.. Thus, we have assumed that the subject property (all 16 tots) are zoned CA B. and h q i�x Mixed.Use GLOP. designation. Please S69 Extraordinary Assunwtion #5. 4l3j General Commercial Trades and'Servicei District The C-1 B, General Commercial Trades and Services zoning district Mows a variety of commercial uses, such as professional and business offices; general retail sales and services, restaurants, etc Current restrictions and setbacks are shown below. Front Yard: 10 feet. Side Yards: None: Rear Yard: None ,required, except if the side yard abuts a residential district, than the sloe yard is required equal°to the district it abuts. . I a 21 I IT11 ITICQ Utilities available to be provided to the subject property are as follows: Electric: FP & L Water: Indian River County * Sewer: Indian River County * Trash: Waste Management Phone: AT & T * Indian River County water and sewer service are both currently available in the overall area of ' the subject property. Cost of impact fees, line extensions, and hook-ups are the responsibility of the property owner. Due to typical uncertainties of engineering and supplying entities, this appraisal is based on the assumption that utilities do not limit the Highest and Best Use and future development of the subject property and that costs to connect to utilities are similar to other comparable properties. Please See Extraordinary Assumption #1. TAX INFORMATION The taxing authority is Indian River County. Taxes are based on Just Values that are estimated by the Indian River County Property Appraiser and on millages as set by the Tax Collector using various taxing districts' approved budgets. Taxes are assessed in arrears based on valuations as of January 1st of the tax year. Tax bills are sent out in November and become payable January 1st of the new year. The 2022 tax information is shown below for the subject overall property, which is assessed as 15 individual tax parcels: Property Appraiser's Assessed 2022 Tax Identification Number Value 2022 Taxes Site Size/SF 1386 32"d Street - Lot 24, Block 2 35-32-39-00003-0020-00024.0 $ 9,563 $ 159 7,500 SF 137832 nd Street - Lot 23, Block 2 35-32-39-00003-0020-00023.0 $ 9,563 $ 159 7,500 SF 136632 n1 Street - Lot 22, Block 2 35-32-39-00003-0020-00022.0 $ 9,563 $ 159 7,500 SF 135632 nd Street - Lot 21, Block 2 35-32-39-00003-0020-00021.0 $ 9,563 $ 159 7,500 SF 134632 nd Street - Lot 20, Block 2 35-32-39-00003-0020-00020.0 $ 9,563 $ 159 7,500 SF II , 22 Property Appraiser's Assessed 2022 Tax Identification Number Value 2022 Taxes Site Size/SF 1375 33rd Street - Lot 8, Block 2 35-32-39-00003-0020-00008.0 $ 9,563 $ 159 7,500 SF 1365 33rd Street - Lot 9, Block 2 35-32-39-00003-0020-00009.0 $ 44,189 $ 768 7,500 SF 1355 33rd Street - Lot 10, Block 2 35-32-39-00003-0020-00010.0 $ 9,563 $ 159 7,500 SF 1345 33rd Street - Lot 11, Block 2 35-32-39-00003-0020-00011.0 $ 9,563 $ 159 7,500 SF 1335 33rd Street - Lot 12, Block 2 35-32-39-00003-0020-00012.0 $ 9,563 $ 159 7,500 SF Property Appraiser's Assessed 2022 Tax Identification Number Value 2022 Taxes Site Size/SF 1366 33rd Street - Lots 7 & 8, Block 1 35-32-39-00003-0010-00007.0 $ 61,046 $ 1,015 15,000 SF 1346 33rd Street - Lot 9, Block 1 35-32-39-00003-0010-00009.0 $ 42,469 $ 746 7,500 SF 1336 33rd Street - Lot 10, Block 1 35-32-39-00003-0010-00010.0 $ 46,520 $ 798 °7,500 SF 1326 33rd Street - Lot 11, Block 1 35-32-39-00003-0010-00011.0 $ 39,326 $ 706 7,500 SF 1316 33rd Street - Lot 12, Block 1 35-32-39-00003-0010-00012.0 $ 48,175 $ 818 7,500 SF Totals $ 367,792 $6,282 120,000 SF The subject lots are each assessed at $1.50 per square foot, less 15% cost of sale, or around $1.28 per square foot. This assessed valued for the subject property is considered low, in our opinion, based on our valuation analysis, as provided herein. Further, some of the older residences are also included in the assessed value, but not estimated to contribute any value due to the older ages and poor condition. 23 ' Florida's Constitution requires all property to be appraised at Just Value. While this concept is not adequately defined in the Constitution nor in Florida Statutes, numerous court decisions have held that it approximates Market Value as defined herein, less normal seller expenses of sale, estimated at fifteen percent (15%). While this represents the target level of the property appraiser, it has been found that assessments produced by mass appraisal techniques vary considerably and tare not good indicators of Market Value. SITE DESCRIPTION � I The subject property consists of (16) essentially vacant lots located along the north side of 32nd Street and both sides of 33' Street, midway between U.S. #1 and 13" Avenue, in Vero Beach, Florida. These lots are each 50 feet by 150 feet in size, totaling 7,500 square feet. The overall parcel size is 800 feet by 150 feet, or a total of 120,000 square feet, which equates to 2.75 acres. These lots are located in R.D. Carter Subdivision. There are (5) lots located along the north side of 32nd Street, as well as (5) lots along the south side of 33' Street. Four of these lots back up to each other, with the other lots located adjacent. There are (6) lots located along the north side of 33' Street. The five lots located along the north side of 32nd Street have a total of 250 feet of frontage and 150 feet of depth, totaling 37,500 square feet in size. The five lots located along the south side of 33rd Street have the same dimensions and size. The six lots fronting along the north side of 33rd Street have a total of 300 feet of frontage and 150 feet of depth, totaling 45,000 square feet. The subject lots are summarized below: Address Legal - Lot/Block ' 138632 nd Street 137832 nd Street 136632 nd Street 135632 nd Street 134632 nd Street Lot 24, Block 2 Lot 23, Block 2 Lot 22, Block 2 Lot 21, Block 2 Lot 20, Block 2 Dimension Site Area 50'x 150' 7,500 SF 50'x 150' 7,500 SF 50'x 150' 7,500 SF 50'x 150' 7,500 SF 50'x 150' 7,500 SF 1375 33rd Street Lot 8, Block 2 50'x 150' 7,500 SF 1365 33rd Street Lot 9, Block 2 50'x 150' 7,500 SF 1355 33rd Street Lot 10, Block 2 50'x 150' 7,500 SF 1345 33rd Street Lot 11, Block 2 50'x 150' 7,500 SF ' 1335 33rd Street Lot 12, Block 2 50'x 150' 7,500 SF 1366 33rd Street Lots 7 & 8, Block 1 100'x 150' 15,000 SF 1346 33rd Street Lot 9, Block 1 50'x 150' 7,500 SF 1336 33rd Street Lot 10, Block 1 50'x 150' 7,500 SF 1326 33rd Street Lot 11, Block 1 50'x 150' 7,500 SF 1316 33rd Street Lot 12, Block 1 50'x 150' 7,500 SF Total 120,000 SF A copy of the county plat map is shown on the next page, followed by a county aerial map. 1 24 I� \ PLAT MAP -- Z ---X 4i 5 g 3 AC" 7.83 AC F G 10 11 200: I� \ -- Z ---X 4i 5 g 7 8 G 10 11 12 1314 16��$�1'f 1 a �r i 1 25 ' AERIAL MAP 1 q 1 � ' SSR6 ST IIIIC� , f 4 1 1 ,cA2Tcf''S ,�h - x.ttUnisii;tu � --------------- A� t �I SUsoii�isiatd R.D. EARiER's sU8014FlSI0N 1 .. t� a a E �� i 26 Most of the subject lots are vacant, but a few of these lots contain some older wood frame residential improvements in poor condition. None of these older buildings are estimated to contribute any value, in our opinion. It is assumed that no adverse site conditions exist. The subject lots are located adjacent to the northeast of the U.S. #1and Aviation Boulevard intersection. Aviation Boulevard becomes 32nd Street east of U.S.#1. This roadway has a railroad crossing just west of the U.S. #1 intersection which contains a traffic light and turning lanes. 33rd Street is located one block to the north and provides access from U.S. #1 to 13th Avenue. The subject lots have a secondary location fronting along either 32nd Street, or33rd' Street, but forecast to improve, depending on the alignment for the Aviation Boulevard Extension. ' U.S. #1 is an arterial highway that extends through the City of Vero Beach, as well as Indian River County into surrounding counties. This arterial roadway has five lanes, including a center turn lane. There are traffic lights and turning lanes at 32"`' Street (a/k/a Aviation Boulevard), adjacent to the southwest of the subject site: The subject lots have frontage along either 32nd Street or 33rd Street between. U.S., #1 and 131 Avenue. Both 32nd Street and 33rd Street are partially -paved from U.S.AM fora short distance, typically adjacent to the western edge of the.subject lots. These `roadways #hen contain recycled pavement and pavement millings as they eictend eastward to 131' Avenue, where they, terminate. 32nd Street is presently a neighborhood street, but planned for improvement as part of the Aviation, Boulevard Extension No conceptual plans are presently indicated for 33rd Street. The subject lots have historically been utilized for older residential rental: homes.: They consist of 16 individual lots that are located adjacent to each other. However, with the rnCeptually planned. road designs for the Aviation Boutevarcl Extension these tots have poWntlailf for more intensive commercial use. Current zoning of the subject property is RM -10/12, Multiple family Residential, but reportedly with potential for rezoning to C-1 B. Commercial Trades and�erviees District. ' According to the listing agent for the property owners, Ron Lambert of Lambert Commercial Real Estate, there have been Inquiries on the subject property for possibil6r hOW development, depending on the road alignment for the Aviation Boulevard Extension. It is rioted that some of, these conceptual road alignments include the subject tots as part of the right=ofva acquisition. Alignment,' or Alternative A includes all 5 lots, along; the north side of 324 Street,. but does not .' include loft $, Block,2 along the south side of 33rd Street, or tots 7 and 8, Bloptc 1, along the north side of 33rd Street. These lots are on the northwestern portion of the subjectproperty. Alignment B excludes lot 20 Block 2 along the north side of 32nd Street along with lot 12, Blod Z These lots are on the southeastern portion of the subject property. Alternative C is the similor to Alignment C, as it does not include lot 8, Block 2 along the south side of 331 Street, or.lots land 8, Block 1, along the north side of 33rd Street. Most of the adjacent lots to the east and even to the southwest are under the same ownership and currently listed for sale. This includes lots 5 and 6, Block 2, on the northeast corner of U.S.. #1 and 32nd Street. Considering these factors, the subject lots are forecast to havepotential for more intensive commercial uses. - FLOOD ZONE rAccording to the Federal Emergency Management /agency National Flood Insurance Program Maps for Indian River County, revised December 4, 2012, the subject property appears to be located in Flood Zone X. Flood Zone X is not a designated Department of Housing and Urban Development (HUD) flood hazard area and flood insurance is not required. ' CENSUS TRACT The subject property is designated as being vAthin Census Tract 503.05, based on the 2020 Census Tract -Map for Indian River County, Florida. HIGHEST AND BEST USE Property Market Value trends can be analyzed through a study of the.forees:which drive this market activity. These forces are referred to as supply and. demand, substitution, balance and external interference. The term "Highest and Best UW refers to the optimum use of a property,_ considering the impact of all of these market forces on a specific property,. The value of real roe is di related to the use to which it can be A areal may.have property rty directly P� p several different value levels under alternative uses. The property appraised herein is appraised 1 under its Highest and Best Use, as defined below: "The reasonably, probable andlegal use of vacant larxl or an, improved .� property that is physic -ally possible; appropriately suppoar*d, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility,; financial feasibility,and maximum,produgtivily," Source; The Dictionary of Rear Estate Appraisal 5th Edition, spopsi red .by ibe Appraisal Institute, 2010, Page 93.'` In each appraisal o#improved property there are two considerations of Higt*t and.Bost Use; one r for the land considered as though `vacant and one for the property as§Jmprc etl, 1V�lithin each analysis four sets of use constraints are considered: legally permissible, physa+r.Ny possible, economically feasible, and maximally productive. Legally permissible restrictions include private restrictions, zoning, building codes; historic district controls, and environmental regulations i Physically possible uses are determined by the size, shape, area, topography and accessibility of a parcel of land. Included in this analysis are the risk of natural disasters, capacity and availability of public utilities, and the physical components of the. improvements. o ' 27 FLOOD ZONE rAccording to the Federal Emergency Management /agency National Flood Insurance Program Maps for Indian River County, revised December 4, 2012, the subject property appears to be located in Flood Zone X. Flood Zone X is not a designated Department of Housing and Urban Development (HUD) flood hazard area and flood insurance is not required. ' CENSUS TRACT The subject property is designated as being vAthin Census Tract 503.05, based on the 2020 Census Tract -Map for Indian River County, Florida. HIGHEST AND BEST USE Property Market Value trends can be analyzed through a study of the.forees:which drive this market activity. These forces are referred to as supply and. demand, substitution, balance and external interference. The term "Highest and Best UW refers to the optimum use of a property,_ considering the impact of all of these market forces on a specific property,. The value of real roe is di related to the use to which it can be A areal may.have property rty directly P� p several different value levels under alternative uses. The property appraised herein is appraised 1 under its Highest and Best Use, as defined below: "The reasonably, probable andlegal use of vacant larxl or an, improved .� property that is physic -ally possible; appropriately suppoar*d, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility,; financial feasibility,and maximum,produgtivily," Source; The Dictionary of Rear Estate Appraisal 5th Edition, spopsi red .by ibe Appraisal Institute, 2010, Page 93.'` In each appraisal o#improved property there are two considerations of Higt*t and.Bost Use; one r for the land considered as though `vacant and one for the property as§Jmprc etl, 1V�lithin each analysis four sets of use constraints are considered: legally permissible, physa+r.Ny possible, economically feasible, and maximally productive. Legally permissible restrictions include private restrictions, zoning, building codes; historic district controls, and environmental regulations i Physically possible uses are determined by the size, shape, area, topography and accessibility of a parcel of land. Included in this analysis are the risk of natural disasters, capacity and availability of public utilities, and the physical components of the. improvements. 28 Financial, feasibility considers uses that are legally permissible and physically possible, and determines which ones produce a positive return. A maximally productive use is the financially feasible use that produces the highest residual land value. The Highest and Best Use of land assumes that the site is vacant and that the site could be utilized at the Highest and Best Use which is determined inthis analysis. The;Hoest and Best Use of the site, as improved, correlates the current improvements with improvements that would be made at the optimum development of the site: as determined in .the highest and Best Use of ' vacant land. - Subject - As Vacant Physically,the subject property Yconsists of (16) essensially.vacant lots. locailecl aging the north side of 32nd Street and both sides of 33rd; Street, midway between U.S. #1 and.l3d Avenue, in Vero Beach, Florida. These lots are each 50 feet by 150 feet in size, totaling 74square feet. ' The overall parcel size is 800 feet by 150 feet, or a total of 120,0100 square #fit; which equates:' to 2.75 acres. ° These lots are all located in R.D. Carter Subdivision. There are 5 lots located elan the north side of 32"a () g Street, as weN as; (5)s.plong the south side of 33'4 Street. Four of these lots back up to each other, with the otf►er loft--kicated adjacent. There are (6) lots located along the north side of 33"d Street.' The five lots located along the north side of 32nd Street have a total of 250 feet of frontage and 150 feet ref dpi;`"totaling 37,500' square feet in size. The five lots located along the south side ofStet, have the same ' dimensions and size. The six lots fronting along the.north.s de of 33.0 S' e l ave to total of 300 feet of frontage and 150 feet of depth, totaling 45.000 square feet. The subject lotsand overall site have potential for independent use, or inssnablage as the overall parcel size of 120,000 square feet, or 2.75 acres. Most of the IN ct4 are vacant, but a. few of these lots contain some older wood frame residential, iMprov, 44 poor condition. ` None of these older buildings are estimated to contribute any value, in cid - opin on. ills assumed that no adverse site conditions exist. The subject lots are located adjacent to the northeast of the U.S. #1-arw A" m�tion Boulevard intersection. Aviation Boulevard becomes 32nd Street east of U.S.#1. This r�aty has,a railroad crossing just west of the U.S. #1 intersection whick contains a traffic light and turning lanes. 33ro Street is located one block to the north and provides access from U.S.,#1 to `'l3' Avenue. Legally, the subject site is restricted by zoning and theLUP. Current zo�ting of the subject' property, Is RM -10/12, Multiple Family Residential. however, discusso' is mfift the Planning Director at the City of Vero Beach indicated that the subject property can lJe r ued#o all; C-1 B, Commercial Trades and Services, in his opinion. This is considered reasonable; in ;our opinion, due to the forecast transition of the subject property and immediate. neigh ood with the conceptually planned Aviation Boulevard Extension. fihus, we have assumed that the subject property (all 16 lots) are zoned C-1 B and have a MX, Mixed Used CLUP d6s nditlon. Please See. Extraordinary Assumption #5. MM Economic considerations deal primarily with supply and demand factors. This takes into consideration those uses which are physically and legally possible, as well as financially or economically feasible. Financial feasibility considers uses that are legally permissible and physically possible, and determines which ones produce a positive return. A maximally productive use is the financially feasible use that produces the highest residual land value. A variety of commercial and industrial uses have been historically constructed in the subject U.S. #1 neighborhood. These commercial uses have been both in the owner occupied market segment, along with some investment oriented properties. The subject's lots immediate location have historically been utilized for older residential rental homes. They consist of 16 individual lots that are located adjacent to each other. However, with the conceptually planned road designs for the Aviation Boulevard Extension these lots have potential for more intensive commercial use. According to the listing agent for the property owners, Ron Lambert of Lambert Commercial Real Estate, there have been inquiries on the subject property for possible hotel development, depending on the road alignment for the Aviation Boulevard Extension. It is noted that some of these conceptual road alignments include the subject lots as part of the right-of-way acquisition. The subject lots have strong potential for commercial development with their location adjacent to the northeast of a major intersection once the planned roadways are completed. Currently, they have marginal appeal as independent lots, but good future utility under assemblage adjacent to a high traffic roadway. In summary, the subject lots have a secondary location fronting along either 32nd Street, or 33rd Street, but forecast to improve, depending on the alignment for the Aviation Boulevard Extension. They consist of a total of 16 individual lots, each 50 feet by 150 feet in size, totaling 120,000 square feet overall. Zoning is assumed to be C-1 B, Commercial Trades and Services District. Considering all these factors, the Highest and Best Use of the subject property is to hold as vacant and consider future commercial development as warranted. VALUATION ANALYSIS For most parcels of vacant land, only one of the traditional three approaches to value is useful. This, of course, is the Sales Comparison Approach. In this approach, the subject property is compared to parcels which have been involved in recent transactions, and adjustments are made to the unit prices derived from those sales, to recognize differences between the subject and the sales. The Income Approach is not generally used since most parcels of vacant land are not producing ' income, and the Income Approach consists of capitalizing net income at a market rate, to indicate value. When sales of vacant parcels are not available for comparison, which often is the case in built-up areas, the residual income from a hypothetical highest and best use building may be capitalized to indicate land value. This was not the case here, since recent sales throughout the neighborhood are available, and this approach was not used. '1 31 Location/Access - Location adjustments are based on limited sales comparison analysis, but primarily on the appraiser's judgement considering observed unit price variances among historical sales, based on the different attributes of each location. Also considered in the location adjustment are exposure and access features. As discussed, the subject property has a secondary commercial corner location fronting along either 32"d Street or 33' Street, east of U.S. #1. The location and access of subject lots is forecast to improve, depending on the alignment for the Aviation Boulevard Extension. Sale #1 has a secondary commercial location along the south side of 15th Place, east of U.S. #1. This location is rated similar overall overall to the subject and not adjusted. Sale #2 is located along the west side of U.S. #1, south of 53 d Street. This location is rated superior and adjusted downward. Sale #3 is located in a commercial park northeast of U.S. #1 and 53rd Street. This location is also rated somewhat superior, along with the common drainage. Sale #4 is located along the south side of 20th Street (Twin Pairs eastbound), between 9th Avenue and 10th Avenue. This location in the City of Vero Beach is rated superior and adjusted downward. Size - Size adjustments are considered, as larger sites tend to sell at a lower price per square foot and per unit and vice versa for smaller sites. The subject property consists of (16) individual lots that have potential for independent use, or in assemblage. We are providing our opinion of the Market Value of the overall parcel. No adjustments for size are estimated. Shape/Depth -This adjustment considers the frontage, depth, and shape of the comparable sales in comparison to the subject property. Commercial sites with less road frontage and greater depth in relation to the frontage are generally inferior to sites with more road frontage and adequate depth. Further, parcels with irregular shapes generally have somewhat lower utility particularly if it affects the potential for commercial development. No adjustments are estimated. The four comparable land sales analyzed are discussed on the following pages. I � I Vert, BedLl AERIAL MAP- LAND SALE #1 33 � I AERIAL MAP - SALE #2 35 � I AERIAL MAP - SALE #2 11 1 36 1 Type of Property: Address: � I � I Grantor: Grantee: Date of Sale: Sale Price: Adjusted Sale Price � I Zoning: Land Use: Highest and Best Use: LAND SALE #3 Commercial Site 5350 U.S. Highway #1 Vero Beach, Florida 32967 Vero 53 Landings, LLC LPP Vero, LLC August 10, 2022 $1,000,000 No adjustments made OR Book 3365, Page 341 14-32-39-00005-0000-00004.0 Lot 4, The Landings Replat, Indian River County, Florida. CG, General Commercial C/I, Commercial/industrial Node Development with commercial use, as demand warrants. Site Size: Frontage: 325 +- feet Street: 25th Avenue ' Depth: 230 +- feet Size: 63,000 +- SF (1.45 Acres) Unit Price: $13.12 / SF IFinancing: None indicated, appears to be all cash to seller. u Confirmation: Public Records and inspection by Dan Nelson. Sale #3 consists of the September, 2022 sale of the commercial lot located in The Landings, a commercial park adjacent to the northeast corner of U.S. Highway #1 and 53rd Street. This property consists of a rear commercial lot located along an interior roadway. The commercial park has paved roadways and full utility services, along with drainage. There is a CVS drug store on the corner site to the southwest. There had been no prior sales of this property within the previous 3 years. This property is reportedly being considered for a self -storage facility, named Landings Vero Self Storage. Recorded: Tax I.D.#: Brief Legal Description � I Zoning: Land Use: Highest and Best Use: LAND SALE #3 Commercial Site 5350 U.S. Highway #1 Vero Beach, Florida 32967 Vero 53 Landings, LLC LPP Vero, LLC August 10, 2022 $1,000,000 No adjustments made OR Book 3365, Page 341 14-32-39-00005-0000-00004.0 Lot 4, The Landings Replat, Indian River County, Florida. CG, General Commercial C/I, Commercial/industrial Node Development with commercial use, as demand warrants. Site Size: Frontage: 325 +- feet Street: 25th Avenue ' Depth: 230 +- feet Size: 63,000 +- SF (1.45 Acres) Unit Price: $13.12 / SF IFinancing: None indicated, appears to be all cash to seller. u Confirmation: Public Records and inspection by Dan Nelson. Sale #3 consists of the September, 2022 sale of the commercial lot located in The Landings, a commercial park adjacent to the northeast corner of U.S. Highway #1 and 53rd Street. This property consists of a rear commercial lot located along an interior roadway. The commercial park has paved roadways and full utility services, along with drainage. There is a CVS drug store on the corner site to the southwest. There had been no prior sales of this property within the previous 3 years. This property is reportedly being considered for a self -storage facility, named Landings Vero Self Storage. AERIAL MAP - SALE #3 C 1* This property has a secondary location within a commercial park, rated superiorto the subject and adjusted minus 25% for location and for site factors, including common drainage. After adjustment, this comparable land sale indicates an adjusted value of $10.43 per square foot for the subject property. �aOitaG REFL�A: s 4 � O This property has a secondary location within a commercial park, rated superiorto the subject and adjusted minus 25% for location and for site factors, including common drainage. After adjustment, this comparable land sale indicates an adjusted value of $10.43 per square foot for the subject property. 38 AERIAL MAP - LAND SALE #4 F 11 7k J J N N O 1- Ln I- W�� V) m..:: . O N O O O c N Q M � O LLJ J J O J Q t0 O (O N M M U1 V.- V NDN Off. Q N 2 Z LO ~❑ Z - M to U)H O M =M0 Ey U 0 Y N C� Z 6l ~ m J M co U J (U: J N r N V M u> o C> L2 N Cl) M I� co N N u. U) („) Q UJ Q❑>�. z Qco _�Q❑ Z p Qy -:.mom Yi cnQz Diaz Off^ T'' LO ui F- Z " b Z N Co'! fJD C - - Q W. W Q m J Q Cl) U F ❑ �-' Q - Q U Z J J 1 U z g �t'� q p 2i -11� ¢ W ¢ rn cs as � M U) U) J W in W Z < CO❑ W Z J W -J W¢ o a a m u. p Z OD to Q ti o aLL Go w p� ` p ox �U[iU`:: u . o Wz � � O� �tUi[~L.NN c CD C7 ZQd4 F ~O HOZ 0§ Q W _ _ z � 0) v pC7 � C7 e�[�U Ci.4' W�Q[ntn HfA D Q O N WQ�� �� F DC) cl U QJ HE u. Illi . �e t Fall—' i '4na 31 !use subject to license li MARKETING TIME Marketing time consists of our opinion of the amount of time it might take to sell the subject property at the concluded Market Value during the period immediately after the effective date of the appraisal. The subject property consists of 16 lots fronting along either 32nd Street or 33rd Street, east of U.S. #1. These lots are essentially vacant and have a secondary location that is forecast to improve, depending on the alignment for the Aviation Boulevard Extension. They consist of a total of 16 individual lots, each 50 feet by 150 feet in size, totaling 120,000 square feet overall. Zoning is assumed to be C-113, Commercial Trades and Services District. The subject property is estimated to have good demand, particularly once the conceptually planned road improvements for the Aviation Boulevard Extension are finalized. The subject property is forecast to have a marketing time of 6 months to 24 months, concluded at 12 months, assuming pricing similar to our value conclusion. REASONABLE EXPOSURE TIME Reasonable exposure time is assumed to precede the effective date of the appraisal. Exposure time, per USPAP, may be defined as follows: The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at Market Value on the effective date of the appraisal; a retrospective opinion based upon an analysis of past events assuming a competitive and open market. The reasonable exposure time estimate takes into consideration the price, time, and use, of the property appraised. The reasonable exposure time for the subject property is estimated at 6 to 24 months, concluded at 12 to 18 months. 45 CERTIFICATION OF APPRAISAL The undersigned do hereby certify to the best of our knowledge and belief: a) The statements of fact contained in this report are true and correct. b) The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, are mypersonal, impartial, and unbiased professional analyses, opinions, and conclusions. c) We have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. d) We have no bias with respect to the property that is the subject of. this report or to the parties involved with this assignment. e) Our engagement in this assignment was not contingent upon developing- or reporting predetermined results. f) Our compensation for completing this assignment isnot contingent upon the, development or reporting of a predetermined value or direction in value that favors the oause of the client, the amount of the valise opinion, the attainment of a saula rssult; or the occurrence of a subsequent event directly related to the intanded use,of this appraisal. The appraisal assignment Was not made, nor was the appraisal tendered on the basis of a requested minimum valuation, specific vaivation, or an amount * ch would result in approval of a loan. g) Our analyses, opinions,, and conclusions wpm developed, and, this report -has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. h) This appraisal report has been made inconformity with and is suWW to the requirements of the Codes of Professional Ethics. and Standards. of Professional `Oonduct of the Appraisal Institute. i) That both. Daniel A. Nelson and Peter D ' Armfield have made a. drive-by inspectionof the property, that is the subject of this appraisal rspori. j) No one provided significant professional assistance to the person signing this report. k) Peter D. Armfield, #RZ524' and Daniel A. Nelson, #RZ897 are currently State of Florida Certified General Real Estate Appralsers. I1 � I � I � I � I Ii 1 M CERTIFICATION OF APPRAISAL (continued) m) The use of this report is subject to the requirements of the Appraisal Institute and the State of Florida Real Estate Appraisal Board relating to review by its duly authorized representatives. n) We have not provided appraisal or other services on the subject property within the 3 -year period immediately preceding acceptance of this appraisal assignment. o) Our opinion of the Market Value of the fee simple estate of the subject property appraised, as of February 24, 2023, is as follows: ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1.200.0001 Daniel A. Nelson Peter D. Armfield, MAI State -Certified General State -Certified General Real Estate Appraiser RZ897 Real Estate Appraiser RZ524 47 ' QUALIFICATIONS OF THE APPRAISER DANIEL A. NELSON fBachelor of Business Administration in 1977 from Stetson University with a Degree in Accounting. Appraisal Courses Successfully Completed SREA Course 101 - Principals of Residential, 1978 SREA Course 201 - Principals of Income Property, 1979 American Institute of Real Estate. Appraisers (AIREA) Course 1 B -A - Capitalization Theory and Techn. Part A, 1985 Course 16-13 - Capitalization Theory and Techn. Part B, 1985 Standards of Professional Practice, 1986 Case Studies in Real Estate Valuation, 1987 Valuation Analysis and Report Writing, 1987 Standards of Professional Appraisal Practices, Part A&B, 1992 Complete Review Seminar, 1993 ' 2022 Continuing Education, 2022.2023 National USPAP Update Course for Non -Residential Real Propeft Florida Appraisal Laws & Regulations, Income Approach,. Cost Approach. 2020Continuing Education, 2020-2021 National USPAP Update Course for Nom -Residential Real Properly, Florida Appraisal Laws & Regulations, Income Approach, Sales Comparison Approach. Appraisal of Small Apartment Properties. 2018 Continuing Education, 2018-2019 National USPAP Update Course for Non4ko* ilial Real Property, Florida Appraisal, Laws & Regulations, Appraisal of Small Apartment Properties, Appraisal of Fast Food Facilities, Appraisal of Limited Service Motels. 2016 Continuing Education, 2016-2417 National USPAP Update Course, florift Appraisal Laws & Regulations, Appraisal of Owner -Occupied Commercial Properties, A;ppralpalof rand Subject to Ground Leases, Appraisal of Self -Storage Facilities. Professional Membership-& AffBiations ' Registered Real Estate Broker -Salesperson, 1980, BK312M State Certified General Real Estate Appraiser, RZ897, 1991 Wbit ExRprience Staff Appraiser, Armfield-Wagner Appraisal & Reseatch,r ift., Vero Bei, Florida, 1982 to Present, Staff Appraiser, Security Federal'Savings and Loan, Vero Beach, Florida, i9?T to 1982., Types of Appraisals Completed Vacant Land Shopping Centers ' Residential Subdivisions Condominiums , Self-Stora9e Facilities Multiple Family Land M&eis/Hotels Multiple Family Improved Light Industrial Commercial Land Warehouses Light Industrial Land Airplane Hangars Offices Leased Property Retail Commercial Mobile Home Parks Restaurants Citrus Groves Engaged in the valuation of Real Estate in Indian River, Brevard, and St. Lucie Counties since 1977. i1 QUALIFICATIONS OF THE APPRAISER PETER D. ARMFIELD, MAI Education Graduate University of Florida Master of Business Administration, 1972 Bachelor of Business Administration, 1970 Florida Resident Since 1953 Registered Real Estate Broker, Florida Professional Memberships Member Appraisal Institute (MAI) - Appraisal Institute Senior Residential Appraiser (SRA) - Appraisal Institute Realtor Member - Vero Beach Board of Realtors State -Certified General Real Estate Appraiser, RZ524 Work Experience 1984 - Instructor of Appraisal Course for the Society of Real Estate Appraisers 1981 - President, Armfield-Wagner Appraisal & Research, Inc., Vero Beach, Florida 1979 - 1980 Staff Appraiser, Armfield, Sherman & Associates Real Estate Appraisers & Consultants Vero Beach, Florida 1979 - 1982 Instructor of Appraisal and Real Estate Courses, Indian River Community College, Ft. Pierce, Florida 1976 - 1978 Employed with John S. Sherman, Jr. as Staff Appraiser, Vero Beach,, Florida 1976 - Real Estate Sales, Fayetteville, North Carolina Engaged in the valuation of Real Estate in Indian River and St. Lucie Counties since December 1976. Qualified as an expert witness for real property valuation in the Circuit Courts of St. Lucie County and Indian River County, Florida. 1 t 1 1 QUALIFICATIONS OF THE APPRAISER Peter D. Armfield Page 2 Real Estate Appraisal Made for the Following: City Federal Savings & Loan of Palm Beach Savings of America Florida Federal Savings & Loan United Savings of America Florida First National Bank of Vero Beach SunTrust Lomas & Nettleton Ford Motor Credit Merrill Lynch Relo. Gulf & Western Corp. City of Vero Beach Indian River County Gulf Oil Corporation Exxon Corporation St. Lucie County Types of Appraisals Equitable Relocation American Hospital Mgmt.Corp. Attorneys and Individuals Church of Latter Day Saints Kentucky Life Insurance Co. American Petrofina Corp. Federal National Mortgage Assn. FL Dept. of Natural Resources Bank of America Tropicana Corporation Residences Airplane Hangars Warehouses Commercial Insurable Value Leased Property Offices Vacant Land Citrus Groves Shopping Centers Residential Improved Pasture Service Stations Landlocked Golf Courses Light Industrial Subdivision Social Clubs Condominiums Commercial Motels Mobile Home Parks Industrial Citrus Packing Houses Utility Easements Wetlands Apartments Health & Rec. Clubs (Including Low Income Casualty Loss Estimates Housing Involving Partial Interests Section 8; Tax Credit) Articles "Unusual Appraisal Assignments - Problems and Solutions," by Peter D. Armfield winning article in the 1981 manuscript competition sponsored by the Society of Real Estate Appraisers Foundation; published in the Real Estate Appraiser and Analyst - Spring 1982. "Casualty Loss Valuation" by Peter D. Armfield, published in the Appraisal Journal of the American Institute of Real Estate Appraisers, October 1982. "Computers in Appraising - Strategies for Success" by Peter D. Armfield and Stephen Armfield, winning article in the 1983 manuscript competition sponsored by the Society of Real Estate Appraisers Foundation. 1 yy 9 N 3 o• m" "SSSS S - n ------------- - - ---2 N 2 O N 3 b .r� .......... &e�eeeee9�W&C � o ��>�Nmge�Nw��eW�WE�W"mWw�� m �N go x o a a 0 a 9 3 D c n N A to O qQ SgSS pG QG p4 E8738 § q Qp d$C�S� Qp Q qY $ � O �a a w 3 $� v N 3 g 0 o yy 9 N 3 o• m" "SSSS S - n ------------- - - ---2 N 2 O N 3 b .r� S�'Se&wr�e &e�eeeee9�W&C � o ��>�Nmge�Nw��eW�WE�W"mWw�� m �N go x o a a 0 a 9 3 D c n N A to O qQ SgSS pG QG p4 E8738 § q Qp d$C�S� Qp Q qY $ � O �a a w 3 $� v N 3 g 0 o AN APPRAISAL REPORT OF THE COMMERCIAL PROPERTY CONTAINING MIKE'S CUT RATE FURNITURE LOCATED AT 3146 U.S. HIGHWAY #1 VERO BEACH, FLORIDA 32960 APPRAISAL # 46696 ARMFIELD-WAGNER APPRAISAL & RESEARCH, INC. PETER D. ARMFIELD, MAI CERT GEN RZ524 DANIEL A. NELSON, CERT GEN RZ897 February 28, 2023 Mr. Brian Good, P.E. Senior Vice President Kim ley -Horn 445 24th Street, Suite 200 Vero Beach, FL 32960 Dear Mr. Good: 1940 10TH AVENUE, P.O. BOX 791 VERO BEACH, FLORIDA 32960 TELEPHONE (772) 562-0532 APPRAISAL #46696 As requested, we have made an exterior drive-by inspection of Mike's Cut Rate Furniture and its site area located at 3146 U.S. #1, in Vero Beach, Florida. This is for the purpose of providing you with an appraisal of the Market Value of fee simple estate of this property (Parent Parcel), as of February 20, 2023. Further, we have also provided our opinion of the Just Compensation of the proposed partial right-of-way acquisitions, under Alignments A and B. The appraisal is provided in an Appraisal Report format. The appraisal complies with the reporting requirements set forth under Standards Rule 2-2(a) of the 2022-2023 Uniform Standards of Professional Appraisal Practice (USPAP) for an Appraisal Report. The property is physically described in this appraisal report, which explains the analysis of data upon which our opinion of value is based. The opinions expressed in this report and the value conclusion reported below are subjectto the limiting conditions and extraordinary assumptions on pages 1-4. The subject Parent Parcel contains an older, vacant commercial building containing Mike's Cut Rate Furniture located on the southeast corner of U.S. #1 and 32nd Street, in Vero Beach, Florida. This building was originally built around 1946 and contains a total of 11,259 +- square feet, per the Indian River County Property Appraisers records. The property also contains an older residential building that was built around 1940 and contains 1,354 +- square feet. No inspection has been made of these buildings, per the owners' request, as the business is ' closed and these buildings are not estimated to contribute any value to the subject commercial site, in our opinion. The subject Parent Parcel site consists of a prime commercial corner that has approximately 154.11 +- feet of diagonal frontage along the east side of U.S. #1. The site has 187.23 +- feet of frontage along the south side of 32nd Street. The east property line dimension is 150 +_ feet, ' which is also the effective north south dimension. The south property line is not indicated. Overall average dimensions are estimated at around 150'x 192 +- feet, totaling 28,767 +- square feet, or 0.66 acres, per the Indian River County Property Appraisers records. The appraisal is subject to review of a current survey providing a Legal Description, all site dimensions and the total site area of the subject property. J Mr. Brian Good, P.E. APPRAISAL #46696 ' Senior Vice President Kimley-Horn February 28, 2023 Page Two 1 The subject Parent Parcel is essentially fully improved with these older building and site 1 improvements. It is assumed that no adverse site conditions exist and that the subject property is available for development to its Highest and Best Use. The subject property is located adjacent to the southeast of the U.S. #1 and Aviation Boulevard ' intersection. Aviation Boulevard becomes 32nd Street east of U.S.#1. This roadway has a railroad crossing just west of the U.S. #1 intersection which contains a traffic light and turning lanes. This intersection provides good commercial exposure to the subject corner site. Current ' zoning of the subject property is C-1 B, Commercial Trades and Services District on lots 1 thru 3, with lot 7 zoned RM -10/12, Multiple Family Residential. Highest and Best Use of the subject Parent Parcel is estimated as future commercial development. The existing improvements are older in age and are not estimated to contribute any value. ' Our opinion of the Market Value of the fee simple estate of the subject Parent Parcel considered all three approaches, but only the Sales Comparison Approach is considered applicable. We ' considered comparable sales of commercial sites throughout the subject neighborhood and competing areas. Based on the analyses presented in this appraisal report, it is our opinion that the Market Value of the fee simple estate of the real property appraised herein, "As Is," as of February 20, 2023, is as follows: Parent Parcel ' ONE MILLION DOLLARS ($1,000,000) The subject property is being considered for the conceptually planned Aviation Boulevard Extension at U.S. #1 and 32nd Street, northeasterly to 35`" Lane. The Aviation Boulevard Extension is proposed across the northwestern edge of the subject parent parcel. Two road alignments are being considered identified as Alignment A and B. These two road alignments having the following site areas, per the information provided. Alignment A 0.004 acres Alignment B 0.026 acres This two proposed partial acquisitions are both small in size and are indicated to be at the northwestern edge of the parent parcel site, adjacent to the southeast corner of U.S. #1 and 32nd Street. No legal descriptions or site dimensions have been provided. They are both assumed to consist of vacant land areas adjacent to the northwest corner of the commercial building. The remainder parcel is estimated to be only slightly smaller than the parent parcel. The above site areas are subject to confirmation by survey providing a survey sketch with legal descriptions, dimensions, and the location of the proposed acquisitions. I � I 11 Mr. Brian Good, P.E. APPRAISAL #46696 Senior Vice President Kimley-Horn February 28, 2023 Page Three Our opinion of the Just Compensation forthe proposed partial land acquisition of subject property forthe proposed Aviation Boulevard Extension utilizes a directvaluation of the subject land value. No severance damages are estimated, subject to the Extraordinary Assumptions discussed on pages 3 and 4. Based on the analyses presented in this appraisal report, our opinion of the Just Compensation (Land Value of the Proposed Aviation Boulevard Right -of -Way Acquisition), for Alignment A and B, as of February 20, 2023, is as follows: Alignment A $6,000 Alignment B $4,000 The subject value conclusions have conditions and assumptions that are assumed to be correct, as discussed in the appraisal report. It should be noted that if some or all of these conditions or assumptions are not correct, it could affect our opinion of the subject values, as provided herein. We believe the appraisal report to be complete, but any questions you may have are welcomed. Sincerely, Daniel A. Nelson State -Certified General Real Estate Appraiser RZ897 Peter D. Armfield, MAI State -Certified General Real Estate Appraiser RZ524 11 TABLE OF CONTENTS LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS ....................... 1 EXTRAORDINARY ASSUMPTIONS ............................................ 2 SUMMARY OF APPRAISAL .................................................. 5 INTRODUCTORY COMMENTS ............................................... 7 SCOPE OF WORK ......................................................... 9 PROPERTY OWNER AND SALES HISTORY ................................... 11 LEGAL DESCRIPTION..................................................... 12 AVIATION BOULDVARD EXTENSION - ALTERNATIVE A ......................... 13 AVIATION BOULEVARD EXTENSION - ALTERNATIVE B ......................... 14 LOCATION MAP .......................................................... 15 SUBJECT PHOTOGRAPHS - TAKEN FEBRUARY 20 & 22, 2023 ................... 16 INDIAN RIVER COUNTY AREA DATA ......................................... 23 NEIGHBORHOOD......................................................... 23 ZONING................................................................. 26 CONCURRENCY......................................................... 28 UTILITIES............................................................... 28 TAX INFORMATION .................................................. .. 29 SITE DESCRIPTION - PARENT PARCEL ...................................... 30 PLATMAP............................................................... 31 AERIAL MAP............................................................. 32 FLOODZONE............................................................ 33 CENSUS TRACT.......................................................... 33 SITE IMPROVEMENTS.................................................... 33 BUILDING IMPROVEMENTS ................................................ 33 AVIATION BOULDVARD EXTENSION - ALTERNATIVE A ......................... 35 AVIATION BOULDVARD EXTENSION - ALTERNATIVE B ......................... 36 EFFECTS OF THE RIGHT-OF-WAY ACQUISITION .............................. 37 HIGHEST AND BEST USE .................................................. 38 VALUATION PROCESS .................................................... 41 PARENT PARCEL - LAND VALUE ............................................ 42 LANDSALE #1 ........................................................... 45 AERIAL MAP - LAND SALE #1 ............................................... 46 LAND SALE #2 ........................................................... 47 AERIAL MAP - LAND SALE #2 ............................................... 48 LANDSALE #3 ........................................................... 49 AERIAL MAP - LAND SALE #3 ............................................... 50 LAND SALE #4 ........................................................... 51 AERIAL MAP - SALE #4 .................................................... 52 LAND SALES SUMMARY AND ADJUSTMENT GRID ............................. 53 LAND SALES LOCATION MAP .............................................. 54 REMAINDER PARCEL - LAND VALUE ........................................ 56 RIGHT OF WAY ACQUISITION - LAND VALUE ................................. 56 SEVERANCE DAMAGES ................................................... 57 MARKETING TIME ........................................................ 59 REASONABLE EXPOSURE TIME ............................................ 59 1 ' TABLE OF CONTENTS (continued) CERTIFICATION OF APPRAISAL ............................................ 60 QUALIFICATIONS OF THE APPRAISER ....................................... 63 APPRAISAL LICENSES .................................................... 66 � I 1 LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS 1. The value given in this appraisal report represents the opinion of the signer as to the Value AS OF THE DATE SPECIFIED. Values of real estate are affected by an enormous variety of forces and conditions will vary with future conditions, sometimes sharply within a short time. Responsible ownership and competent management are assumed. 2. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 3. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 4. The information furnished by others is believed to be reliable. No warranty, however, is given for its accuracy. 5. All engineering is assumed to be correct. The plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. 6. It is assumed that there are no hidden or apparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 7. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined, and considered in the appraisal report. 8. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in the appraisal report. 9. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 10. It is assumed that the utilization of the land and improvements is within the boundaries of property lines of the property described and that there is no encroachment or trespass unless noted in the report. 11. The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 12. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event only with properwritten qualification and only in its entirety. 2 LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS (continued) 13. The appraiser herein by reason of this appraisal is not required to give further consultation, testimony, or be in attendance in court with reference to the property in question unless arrangements have been previously made. 14. Neither all nor any part of the contents of this report especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected or any reference to the Appraisal Institute, or the MAI or SRA designations shall be disseminated to the public through advertising, public relations, news, sales, or other media without prior written consent and approval of the appraiser. 15. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea -formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. 16. The Contract for the appraisal of said premises is fulfilled by the signer hereto upon the delivery of this report duly executed. 17. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he makes no guarantees, express or implied, regarding this determination. 18. The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the act. If so, this fact could have a negative effect upon the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. 19. This appraisal report has extraordinary assumptions, as discussed on the following pages 3 and 4. The use of these extraordinary assumptions may have affected the assignment results of this appraisal report. EXTRAORDINARY ASSUMPTIONS Extraordinary assumptions are assignment -specific assumptions, as of the effective date, about the subject property being appraised regarding uncertain information used in an analysis. Should such assumptions be found to be false, the appraisers' conclusions or opinions could be altered. This information might include physical, legal, or economic characteristics of the subject property, I' or conditions external to the property, such as market conditions or trends; or the integrity of the data used in an analysis. 3 EXTRAORDINARY ASSUMPTIONS (continued) 1. Based on evidence from nearby properties and from utilities authorities, the subject property is being appraised as if utilities are available to the property sufficient in capacity to support the Highest and Best Use, at costs that are typical to competing properties. 2. It is assumed that the subject property does not have any adverse site factors, such as fuel, oil, or other soil or environmental conditions that are hazardous to the subject property. Inspection of the subject site has been limited to the adjacent roadways and review of the county aerial maps, as only a drive-by inspection has been made. 3. The subject property (parent parcel) consists of an approximate 28,767 +- square foot site. We have utilized the site information provided on the Indian River County Property Appraisers records to estimate the size of the parent parcel. We have used the information from Kimley- Horn for the two right-of-way acquisitions, Alignments A and B. The subject property parent parcel is estimated to contain 28,767 +- square feet, or 0.66 acres, per the Indian River County Property Appraisers records. The subject property is being considered forthe proposed Aviation Boulevard Extension between U.S. #1 and 35th Lane. The Aviation Boulevard Extension is proposed across the northwestern edge of the subject parent parcel. Two road alignments are being considered identified as Alignment A and B. These two road alignments having the following site areas, per the information provided. Alignment A 0.004 acres Alignment B 0.026 acres It is assumed that these parcel sizes are accurate and any significant size difference from those estimated and assumed to be accurate could possibly change our opinion of the Just Compensation of the subject property. The appraisal is subject to a survey and staking of these site areas. 4. No roadway plans have been provided for the proposed Aviation Boulevard Extension that is being considered for 32"d Street between U.S. #1 and 35' Lane. It is assumed that the elevation of the new roadway and other planned improvements for Aviation Boulevard Extension will be sloped to not adversely affect the subject property remainder site drainage and/or other requirements. It is assumed that the drainage adjacent to the subject site, after the right-of-way acquisition, will be at least equal to the drainage that currently exists. The appraisal is subject to review of the final completed plans by a qualified engineer and certification by the engineer that the drainage adjacent to the remainder parcel will be at least equal, or better in his or her opinion, than currently exists. ' 5. The subject property was physically inspected (limited drive-by inspection only) by Daniel A. Nelson on February 20, 2023. Peter D. Armfield had made a previous drive-by inspection of the 1 subject property. The appraisal is subject to a complete inspection of the subject property appraised. 4 EXTRAORDINARY ASSUMPTIONS (continued) 6. The subject Parent Parcel contains an older, vacant commercial building containing Mike's Cut Rate Furniture located on the southeast corner of U.S. #1 and 32"d Street, in Vero Beach, Florida. This building was originally built around 1946 and contains a total of 11,259 +- square feet, per the Indian River County Property Appraisers records. The property also contains an older residential building that was built around 1940 and contains 1,354 +- square feet. No inspection has been made of these buildings, per the owners' request, as the business is closed and he indicated they do not contribute any value to the subject commercial site. 7. Current zoning of the subject property is C-1 B, Commercial Trades and Services District on lots 1 thru 3, with lot 7 zoned RM -10/12, Multiple Family Residential. Discussions with the Planning Director at the City of Vero Beach indicated that the subject property can be rezoned to all C-1 B, Commercial Trades and Services, in his opinion. We have assumed that the subject property (Parent Parcel) is entirely zoned C-1 B. 8. We have not included in our opinion of Just Compensation any consideration or compensation for any temporary construction easements that would be associated with construction of any proposed improvements. It is assumed that access to the subject property will be maintained during construction and that drainage of the site will also be maintained during construction. Property Type: Ownership: Address: Effective Date of Appraisal: Date of Inspection: Date of Report Preparation: Date of Appraisal Report: Inspected by: Property Rights Appraised: Purpose of the Appraisal: Intended Use of Appraisal: Intended Users of the Appraisal: 5 SUMMARY OF APPRAISAL Commercial Parcel - Mike's Cut Rate Furniture Right-of-way Acquisition Myron J. Madsen Jr. And Davene Madsen 3146 U.S. Highway #1 Vero Beach, Florida 32960 February 20, 2023 February 20, 2023 - Exterior Drive-by only February 20 - February 28, 2023 February 28, 2023 Daniel A. Nelson & Peter D. Armfield, MAI (Drive-by exterior inspection only) Fee Simple Estate Provide our opinion of the Market Value of the Parent Parcel and the Just Compensation for the two proposed right-of-way acquisitions by Indian River County under Alignments A and B. To assist client and intended users in making valuation decisions on the subject property for road alignments and proposed right-of-way acquisition. Kimley-Horn and Indian River County. Appraisal complies with the 2022 - 2023 Uniform Standards of Professional r Appraisal Practice (USPAP): Yes, Appraisal Report. Zoning: (lots 1, 2, & 3) Zoning: (lot 7) Land Area: (Parent Parcel) Land Area: (Alignment A) Land Area: (Alignment B) Land Area: (Remainder Parcel) Highest and Best Use: � I C-1 B, Commercial Trades & Services District RM -10/12, Multiple Family Residential 28,767 ± SF - 0.66 +- Acres 0.0040 +- Acres 0.0026 +- Acres 0.6560 +- Acres to .6574 +- Acres Future intensive commercial development, as demand warrants. (See Report). 6 SUMMARY OF APPRAISAL (continued) Value Conclusions: Opinion of Market Value of Parent Parcel: $1,000,000 (Fee Simple Estate - "As Is") Just Compensation may be allocated to the land value of the proposed right-of-way acquisition, together with the value of the improvements acquired, and any severance damages incurred as a result of the right-of-way acquisition. The calculations are shown below: Alignment A Alignment B Land Value of Right -of -Way $6,000 $4,000 Plus: Estimated Value of Improvements: $-0 - $_0 - Just Compensation -Right-of-Way $6,000 $4,000 Plus: Severance Damages: $_0 - $_0 - Total Just Compensation $6,000 $4,000 Opinion of Just Compensation: $6,000 $4,000 (Fee Simple Estate) � I INTRODUCTORY COMMENTS PURPOSE OF THE APPRAISAL AND RIGHTS APPRAISED The purpose of this appraisal is to provide our opinion of the Market Value of fee simple estate of this property (Parent Parcel), as of February 20, 2023. Further, we have also provided our opinion of the Just Compensation of the proposed partial right-of-way acquisitions, under Alignments A and B. The appraisal is provided in an Appraisal Report format. JUST COMPENSATION DEFINED In condemnation, the amount of loss forwhich a property owner is compensated when his or her property is taken. Just compensation should put the owner in as good a position as he or she would be if the property had not been taken. SOURCE - Taken from The Dictionary of Real Estate Appraisal Fifth Edition, sponsored by the Appraisal Institute, 2010 page 106. � I MARKET VALUE DEFINED Market value is the major focus of most real property appraisal assignments. Both economic and legal definitions of market value have been developed and refined. A current economic definition agreed upon by federal financial institutions in the United States of America is: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated. 2. Both parties are well informed or well advised, and acting in what they consider their own best interest. 3. A reasonable time is allowed for exposure in the open market. 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents a normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. SOURCE: Uniform Standards of Professional Practice of the Appraisal Foundation; and Office of Thrift Supervision Regulation 12 CFR 564.2(f); and the Office of Comptroller of the Currency. DEFINITION OF FEE SIMPLE ESTATE Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. SOURCE - Taken from The Dictionary of Real Estate Appraisal Fifth Edition, sponsored by the Appraisal Institute, 2010 page 78. REAL PROPERTY DEFINED All interests, benefits, and rights inherent in the ownership of physical real estate. Source - Taken from The Dictionary of Real Estate Appraisal Fifth Edition, sponsored by the Appraisal Institute, 2010 page 161. DEFINITION OF SEVERANCE DAMAGES (DAMAGES) In condemnation, the loss in value to the remainder in a partial acquisition of property. Generally, the difference between the value of the whole property before the acquisition and the value of the remainder after the acquisition is the measure of the value of the part taken and the damages to the remainder. SOURCE - Taken from The Dictionary of Real Estate Appraisal Fifth Edition, sponsored by the Appraisal Institute, 2010 page 52. BENEFITS DEFINED In eminent domain valuation, the advantageous factors that arise from a public improvement for which private property has been taken. The law in some jurisdictions makes a distinction between general benefits and special benefits because only special benefits are considered in determining the value of the remainder in a partial acquisition. The distinction between special benefits and general benefits is both a factual and legal question, so appraisers may need to consult legal counsel to resolve questions about the classification of benefits. SOURCE - Taken from The Dictionary of Real Estate Appraisal Fifth Edition, sponsored by the Appraisal Institute, 2010 page 19. Intended Use of Appraisal: To assist client and intended users in making valuation decisions on the subject property for road alignments and proposed right-of-way acquisition. Intended Users of the Appraisal: Kimley-Horn and Indian River County. SCOPE OF WORK The Scope of Work is defined as the type and extent of research and analyses in an assignment. Source - Taken from 2020-2021 Uniform Standards of Appraisal Practice (USPAP), prepared by the Appraisal Standards Board (ASB) for The Appraisal Foundation, Effective January 1, 2020, Page 5. The three main points of the Scope of Work are as follows: 1) Identify the problem to be solved. 2) Determine and perform the scope of work necessary to develop credible assignment results. 3) Disclose the scope of work in the report. The appraiser must properly identify the problem to be solved to determine the appropriate scope of work. Per the clients request, the appraisal is provided to you in an Appraisal Report format. The appraisal is provided in an Appraisal Report format. The appraisal complies with the reporting requirements set forth under Standards Rule 2-2(a) of the 2022-2023 Uniform Standards of Professional Appraisal Practice (USPAP) for an Appraisal Report. The property is physically described in this appraisal report, which explains the analysis of data upon which our opinion of value is based. The opinions expressed in this report and the value conclusion reported below are subject to the limiting conditions and extraordinary assumptions on pages 1-4. The purpose of this appraisal is to provide our opinion of the Market Value of fee simple estate of this property (Parent Parcel), as of February 20, 2023. Further, we have also provided our opinion of the Just Compensation of the proposed partial right-of-way acquisitions, under Alignments A and B. The subject Parent Parcel site consists of a prime commercial corner that has approximately 154.11 +- feet of diagonal frontage along the east side of U.S. #1. The site has 187.23 +- feet of frontage along the south side of 32"d Street. The east property line dimension is 150 +_ feet, which is also the effective north south dimension. The south property line is not indicated. Overall average dimensions are estimated at around 150'x 192 +- feet, totaling 28,767 +- square feet, or 0.66 acres, per the Indian River County Property Appraisers records. Per your request, a current drive-by inspection has been made of the subject property by Daniel A. Nelson on February 20, 2023 and previously by Peter D. Armfield. The property inspection has primarily been limited to the adjacent roadways and properties, including U.S. #1 to the west and 32nd Street to the north. Further, we also reviewed the Indian River County Property Appraisers records, along with an aerial map of the subject property and the property information regarding the proposed right-of-way acquisition by Indian River County. Property photographs have been taken of the subject property at the time of this drive-by inspection, as provided herein, along with two additional photos on February 22, 2023. The subject Parent Parcel contains an older, vacant commercial building containing Mike's Cut Rate Furniture located on the southeast corner of U.S. #1 and 32"d Street, in Vero Beach, Florida. This building was originally built around 1946 and contains a total of 11,259 +- square feet, per the Indian River County Property Appraisers records. The property also contains an older residential building that was built around 1940 and contains 1,354 +- square feet. No inspection has been made of these buildings, per the owners' request, as the business is closed and he indicated that it does not contribute any value. Based on our analysis, which considers the subject prime commercial corner site land value, it is our opinion that these improvements do not contribute any value. Any interim value is forecast to be roughly offset by future demolition and removal costs, in our opinion. We observed neighborhood supply and demand factors, use patterns, along with maintenance levels. We also considered the supply and demand for similar types of properties throughout the community. Highest and Best Use of the subject Parent Parcel is estimated as future commercial development. The scope of work in this appraisal report involves gathering information on the subject property, along with market data to support three different market analyses, when available. The data targeted is from properties with Highest and Best Use similar, or relatively similar to the subject. The three market analyses are commonly referred to as approaches to value and are identified as the Cost Approach, Sales Comparison Approach, and the Income Approach. Our opinion of the Market Value of the fee simple estate of the subject Parent Parcel considered all three approaches, but only the Sales Comparison Approach is considered applicable. We considered comparable sales of commercial sites throughout the subject neighborhood and competing areas. The proposed right-of-way acquisition of the subject property primarily consists of the reduction ' in site areas. Our opinion of the Just Compensation for the proposed partial acquisitions (Alignments A and B) of the subject property utilizes a direct valuation of the subject land value. No severance damages are estimated. The data gathered is limited in area to the real estate market in Indian River County. Primary focus is on data available from within the area described as the subject's neighborhood, or from other neighborhoods felt to be competing, or servicing similar market segments in Indian River County. Data sources for sales include public recording of real estate sales transferred by warranty deed via data sources used in the appraisers office. These sources include the Indian River County Board of Realtors Multiple Listing Service (MLS), County Property Appraiser, and Clerk of the Court. Also, general knowledge of sales that are publicized in the news media, or that are made known by real estate market participants, including brokers, bankers, buyers, sellers and attorneys are used. Data is gathered and analyzed to interpret trends of the market participants. The analyzed data is then applied to the subject property for a value indication. 1 ■ 11 ' PROPERTY OWNER AND SALES HISTORY Owner of Property: Myron J. Madsen Jr. And Davene Madsen (Per 2022 Tax Rolls) ' Based on the public records reviewed by the appraisers, there has not been a sale of the subject property within the past three years. The subject property has been under the same ownership for many years. ' Currently, the subject property is listed for sale at an askingprice of $1,100 000 with Lambert , Commercial Real Estate. Ron Lambert indicated that there is a contract to purchase the subject ' property for $1,000,000. This agreement for sale and purchase is dated March 30, 2022 and the buyer is Elevate Acquisitions, LLC. Reportedly, they are considering commercial development of the subject property and adjacent parcel to the east and southeast for a 7-11 convenience ' store with gasoline pumps. The status of this contract is currently uncertain, per Mr. Lambert, due to the Aviation Boulevard roadway extension status. The $1,000,000 contract price equates to $34.76 per square foot of land area. ■ Last month, a Letter of Intent Offer was submitted at a purchase price of $1,100,000. The status of this LOI is also uncertain, per Mr. Lambert, again due to the Aviation Boulevard roadway extension status. Their intended use of the property has not been provided. As discussed, reportedly lot #7 of the subject property can be rezoned to C-113, Commercial ' Trades and Services District, per the Planning Director at the City of Vero Beach. This is assumed for purposes of this appraisal. Further, we have estimated that the older commercial and residential building and site improvements do not contribute any value, as supported by the property owner, Mr. Lambert, and the current offers on the subject property for commercial redevelopment. 11 � I 11 n. � I I I I 12 LEGAL DESCRIPTION Source: Copied from Quit Claim Deed, dated March 25, 2015, recorded in OR Book 2833, Page 209. Subject to confirmation by current survey. Parent Parcel Parcel 1 Lotsl, 2, and 3, Block 3, R.D. CARTER'S SUBDIVISION, as recorded in Plat Book 4, Page 28 of the Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida. Parcel Id #s: 32-39-35-00003-0030-00001.0; and 32-39-35-00003-0030-00002.0; and 32-39-35-00003-0030-00003.0 Parcel 2 Lot 7, Block 3, R.D. CARTER'S SUBDIVISION, according to the plat thereof recorded in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 4, Page 28; said land now lying and being in Indian River County, Florida. Parcel ID#: 32-39-35-00003-0030-00007.0 Proposed Right-of-way Acquisition: See sketches on following pages for Segment 1, Alternative A and Alternative B. Remainder Parcel: Parent Parcel Less the Proposed Acquisition. Copies of the Aviation Boulevard Extension Alternative Alignment Study for Segment 1, Alternative A and B are provided on the next two pages. This is followed by a location map of the subject property, along with property photographs. Area data for the City of Vero Beach and Indian River County is retained in our office files, not considered necessary in the scope of work for this appraisal report. 1� 13 AVIATION BOULDVARD EXTENSION - ALTERNATIVE A l [I 11 11 AVIATION BOULEVARD EXTENSION - ALTERNATIVE B 7HEASTERLY VIEW ALONG THE NORTH SIDE 0l 4��� .CUA' ' -------------- NORTHERLY VIEW ALONG FRONT WEST' SIDE OF M SCUT RATE FURNITURE ALONG SIDEWALK ADJACENT TO U.S. #j.. NORTHERLY VIEW ALONG U.S.. #1 FROM im WEST SIDE WITH MIKE'S ' CUT RATE FURNITURE SHOWN.'ON RIGHT 'ALONG EAST SIDE.:`' 20 1 � z, 1 � I � I i i 1 2� r r r r WESTERLY VIEW FROM 32ND STREET OF PROPOSED RXGRT-OE"WAY ACQUISITION AREA ON NORTHWEST PORTION OF-PROPERTY. r r _ �T. r r SOUTHERLY VIEW OF. PROPOSED RIGHT-OF-WAY AREA ADJACENT TO THE SOUTHEAST CORNER OF U.S. #1 AND 32ND STREET. � I f 23 ' INDIAN RIVER COUNTY AREA DATA I Indian River County is a small east central Florida county located midway between Palm Beach and Cape Kennedy, or slightly less than halfway from Miami to Jacksonville. 4 is bordered on the north by the Sebastian River and Brevard County; on the south by St. Lucie County (ft. PierceJPort St. Lucie); and on the west by Osceola and Okeechobee Counties. The:eaetem boundary is the Atlantic Ocean. The subject property is located along U.S. #1 in the northern portion of the City of Vero Beach. Additional information on the City of Vero Beach and Indian. River County are retained in our office files, not considered necessary in the scope of work of this appraisal report. NEIGHBORHOOD ' A neighborhood may defined as follows: A group of complementary land uses; a congruous grouping of inhabitants, b#in9s or business p enterprises. Source -Taken from The Dictionary of Real Estate ApnraisalFrltti Edrtrcm, s onsored by the Appraisal Institute, 2010 page 133. The subject property is located in a mixed use neighborhood- norlhees of U,S. #'l in the northern portion of the City of Vero Beach. The rid! ghborhoodi1 twWa i i commercial and ' industrial area along and adjacent to U.S. #1, along with some mobile how pWk .and recreational uses. The neighborhood is generally defined by the City limits of Vag teach, ;zoning and commercial/industrial uses. The neighborhood consists of a narrowah*, easfot` l„I:S. #1 and the Florida East Coast Railroad, from approximately 21 st Street vn the souti th 3 "'Stitin the. City of Vero Beach. The subject property is located in the northern portion of. neighborhood,' adjacent to the southeast comer of U.S. #1 and 32nd Street. To the east of the southern portion of the neighborhood is an establish: residential area: consisting of both multi family and single '%mily residential areas. Bordedr on the south is a secondary commercial strip along Miracle Mile, which is almost 100' bit -rte with various' commercial and automotive related uses, similar to the subject ne ghbori caod. The ' " hb+pfiood is bordered on the north and northeast by medical uses associated with i" �Iinic lndtan RiverHospital. The west boundary is definedby the Florida East Coast R,Which extends along the west side of U.S. #1. rPrincipal access through the neighborhood Is provided by U.S. #1. Pres y,,.V.S. #1 is a five lane asphalt paved arterial that carries a moderate volume of local and inter-iny. traffic. U.S. #1 currently serves as a transportation corridor for local traffic between downa;sr>id the shopping district and. beach routes located east of the neighborhood. Royal 'Palm ulevard provides easttwest access from U.S. #1 to Ind' well asto e.iVs# of U,S. #1 Signalized intersections in the neighborhood that mss the F.E.G. railroad `hvck include both 26thStreet and 23rd Street. 26th Street provides access to the County Adrninitrattian Building. 23rd Street connects the downtown area to the west, as well as Royal Palm Bor�fezrard to the east providing an access route to Indian River 'Boulevard and beach areas fug to the east. 1 1 1 24 Indian RiverBoulevard was completed in about 1995and provides an altematrvenor th/south route, east of U.S. #1, which bypasses the subject neighborhood. This roadway extends from Royal ' Palm Boulevard and the Barber Bridge to 37th Street and 53rd Street,- conning with U.S. #1 north of the subject neighborhood. This creates a more direct traffic route to the hospital district for beach and south county areas, as well as an- alternative north/south arterial to U.S. #1., ' Aviation Boulevard (a/k/a) Airport Perimeter roadway p�vides for improved accessto and from U.S. #1 for areas to the west, as it runs south of the Vero Beach Airport and connects with Aviation Boulevard at 27th Avenue. In the subject neighborhood, it connects with, US,. #1 at 32nd Street, with U.S. #1 then providing access to 36th Street and 37th Street and the hospital district, as well as Indian River Boulevard. A traffic light with turning lanes is provided at U.S. #1 and Aviation Boulevard intersection at 32nd Street. Consideration is now being given to creating an Aviation Boulevard Oft- nsion from 32nd Street northeasterly connecting with Wh Lane and the hospital district. TM..roadway alignment would then connect with 3r Street and eventually 4114 Street to thenorth. t Several plans are currently being considered for these roadway alignments. Property Use ' The subject neighborhood is approximately, 90% wiih a vari*_ ctf`coi rnercial and industrial uses, including used car sales, auto repair, 'retail sales, and other a Xed uses. Several older former gasoline service stations are ioc ated along U.S. #1: These stations no longer pump gas, but have been converted to other uses, such as a pawn shop, used car*O*,business, auto repair facilities, and a. car wash. There are numerous other car repair and used auto repair businesses -hroughout the neighborhood, along with secondary industrial uses, They include Spm' Ruth Service, now Auto Restoration, Express Car Auto Lube, K & B Feign Car `Service, V .beach Import Auto Service and'Oxygen Plus. There are also some seo6ndary commercial and � buildings, along with a coin laundry facility. The newer Royal Palm Park upscale trade warehouse project was conaPOA rn 20013 along the f south side of 23rd Street, east of 12!' Avenue on the sots Of a former o vs Wig: house. It .is designed for trade warehouse and storage uses. Sales pace 'has-been � s iwvwith less than half of the units sold or leased. 1t appears that the primary users haves cxthalsci of the original owner developers or their related businesses. Some other warehouse improvements had been constricted earlier and a general upgrading of former uses has been completed, from about 213th; Street to 29th Street akng.e east side of U.S. #1. These renovations included partial demolition and renovation o f the forrrt#r.c rus packing house into trade warehouse uses. An Amoco station and convenience stor�was constructed at ' U.S, #1 and 26th Street about 30 years ago, now containing a Ohevrori station and convenience 1 store: Previously, the only gas sales stili represented in the neighborh+bod was ata 7-11 convenience store located at the comer of U.S. #1 and 23rd Street, as the other older stations had all closed. 1 25 The former Tire Kingdom facility was sold and renovated b Boathouse Discount Marin 9 Y Y e, subsequently renovated and leased to a non-profit use, the Harvest Thrift Center - a/k/a UP ' Center. The warehouse buildings to the north had also been occupied with affiliated non-profit uses, consisting of the Harvest Food & Outreach Center. The UP Center has since moved into a larger facility west of the FEC Railroad Tracks and the former center has been renovated and ' now leased to a gym facility. Further, a new retail/warehouse building has been constructed adjacent to the south and now partially leased. ' The southeastern portion of the neighborhood includes secondary commercial and industrial uses along 12th Avenue. These include Central Pump and Supply, Crossroads Animal Hospital, and Riverside Theatre warehouse storage. The former Vero Lawnmower Center is now closed. The ' Theatre and Vero Lawnmower Center had previously been purchased and reportedly planned for a crematory. There are also secondary office and fraternal club uses, such as the Elks Lodge, along with a Little League field and practice fields, including two new very good quality ballfields, now used by Cal Ripkin. Two older mobile home parks are located to the south of these areas. The southwest portion of the neighborhood includes some secondary office and apartment uses. ' The former Atco commercial building at 2456 U.S. #1 was purchased by Bill's TV for their use. Other properties have been renovated over the years, but little new construction has occurred other than the prior Royal Palm Park development, along with the most recent retail/warehouse building. The northern portion of the subject neighborhood contains Vero's Motel, Discount Carpet & Tile, Mike's Cut Rate Furniture, along with an older motel that was purchased and then renovated and now operated by the Source, named Camp Haven. An older self-service car wash is located adjacent to the north and was recently renovated. Further north is the Big Shots upscale golf 1 facility, followed by a medical office building for the Center for Advanced Eye Care. There are also some vacant commercial parcels along the east side of U.S. #1, along with some other secondary uses. The Cleveland Clinic Indian River Hospital District are located to the northeast. This neighborhood is located outside the City of Vero Beach limits in unincorporated Indian River County. It contains the community's primary medical service area with a large number of medical offices, nursing homes, etc. Across U.S. #1 to the west of the northern portion of the subject neighborhood is the Vero Beach Municipal Airport and Piper Aircraft. The subject neighborhood is characterized as being almost fully developed and properties in the neighborhood have slowly been upgraded and renovated. The majority of the neighborhood is considered to be a secondary location for commercial/industrial development. The commercial real estate market has been improving over the last several years, despite the pandemic that began in March, 2020. Continued slow growth and renovation of existing older properties are forecast for the neighborhood. More intensive commercial development is now being considered adjacent to the Aviation Boulevard Extension at U.S. #1 and 32nd Street, reportedly including both a 7-11 convenience store with gas pumps, as well as a hotel, depending on the roadway alignment. 1 26 In summa the subject neighborhood is convenient) located and has good access to count summary, J 9 Y 9 Y growth areas via U.S. Highway #1 and connecting roadways. Properties fronting on U.S. #1 generally have good exposure to intra -county traffic with other properties having convenient, but secondary locations. The subject neighborhood is mostly improved with older commercial/ industrial improvements, along with some secondary commercial uses. The redevelopment transition to more intensive commercial uses has been slow developing, due to its location away from the major commercial and residential growth, but the neighborhood is conveniently located. ' The subject property is located at the southeast corner of U.S. #1 and 32nd Street in the northern portion of the neighborhood. This is a prime commercial corner location within the neighborhood, now being considered for intensive commercial development, depending on the final design forthe Airport Boulevard Extension. It is felt that the subject neighborhood, as well as the subject location within the neighborhood should participate in overall neighborhood and community development trends. ZONING ' The zoning of the subject property is under the guidelines of the City of Vero Beach Planning and Zoning Department. Current zoning of the subject property is C-1 B, Commercial Trades and Services District on lots 1 thru 3, with lot 7 zoned RM -10/12, Multiple Family Residential. However, according to the Planning Director for the City of Vero Beach, the subject property can be re -zoned to all C-1 B. The City of Vero Beach Comprehensive Land Use Plan (CLUP) supports the current ' zoning, as it designates the subject property as MX, Mixed Use for the majority of the site with the remainder designated MR, Mixed Residential, but also planned on being changed. 1 Thus, the subject property is assumed to be entirelyzoned C-1 B, Commercial Trades and Services District with either a MX, Mixed Use or C, Commercial CLUP designation allowing full commercial use of the subject property. The subject zoning district is summarized below: C-1 B, General Commercial Trades and Services District The C-1 B, General Commercial Trades and Services zoning district allows a variety of commercial uses, such as professional and business offices, general retail sales and services, restaurants, etc. Current restrictions and setbacks are shown below. ' Front Yard: 10 feet. Side Yards: None. ' Rear Yard: None required, except if the side yard abuts a residential district, than the side yard is required ' equal to the district it abuts. Building Height: 35 feet. ' Open Area Required: 25%. Maximum Lot Coverage: 40%. i 1 . 27 i Parking Spaces Required: 1 General Commercial: 1 space per 200 S.F. of gross floor area Professional & General Offices: 1 per space 300 S.F. p p of gross building area Manufacturing, Wholesale 1 and Storage Businesses- 1 space per 500 SF of building area. Automotive Sales: {1space per 500 square feet of gross building -area, plus one space per 2,500 square feet of 1 outside display area. Trades Buildings: One space per 300 square feet.ofbuildingarea up 1 to 3,000 square feel, then one space per 500 square feet. Wholesale or Storage: One space per 500 square: feet of bujfding area up to 1 00 0, 0 square feet, ..then ode space per 750 square feet, Auto Repair Facility:1 400 () space 'Per . P square feet of grass bu#iing CONCURRENCY Concurrency is a provision adopted in the Florida's Local Government Comprehensive Planning and Land Use Development Regulation Act in 1985. Concurrency is a requirement for public facilities and services to be available (concurrent) with the impacts of development. These facilities and services include traffic and transportation facilities, sewage collection facilities, potable water facilities, drainage, park and recreation facilities, etc. Typically, concurrence is most applicable in roads and traffic capacity, but any of the other items can also impact development. If a project is proposed, its impact must not exceed the capacity levels of current infrastructure, or the plan must propose the expansion of the infrastructure and the source of funds required to construct these improvements. A valid certificate of concurrency must be obtained prior to approval of the development order. This is an extensive study that is not within the scope of work of this appraisal report. However, there are no known concurrency issues that affect the subject property appraised, based on our observations. It is assumed that the subject property will be able to obtain all necessary approvals, including concurrency, for future development to their Highest and Best Use. UTILITIES Utilities provided to the subject site are as follows: Electric: FP & L Water: Indian River County * Sewer: Indian River County * Trash: Waste Management Phone: AT & T * Indian River County water and sewer service are both currently available adjacent to the subject property. Cost of impact fees, line extensions, and hook-ups are the responsibility of the property owner. Due to typical uncertainties of engineering and supplying entities, this appraisal is based on the assumption that utilities do not limit the Highest and Best Use and future development of the subject property and that costs to connect to utilities are similar to other comparable properties. Please See Extraordinary Assumption #1. 29 TAX INFORMATION The taxing authority is Indian River County. Taxes are based on Just Values that are estimated by the Indian River County Property Appraiser and on millages as set by the Tax Collector using various taxing districts' approved budgets. Taxes are assessed in arrears based on valuations as of January 1st of the tax year. Tax bills are sent out in November and become payable January 1 st of the new year. The 2022 tax information is shown below for the subject, which is assessed as four individual parcels, one for each lot: Property Appraiser's Assessed 2022 Tax Identification Number Value 2022 Taxes Site Size/SF 138532 n, Street - Lot #1 35-32-39-00003-0030-00001.0 $315,109 $ 5,460 7,701 SF 3146 U.S. Highway #1 - Lot #2 35-32-39-00003-0030-00002.0 $ 36,154 $ 585 7,089 SF 3136 U.S. Highway #1 - Lot #3 35-32-39-00003-0030-00003.0 $ 33,753 $ 547 6,477 SF 137532 nd Street - Lot #7 35-32-39-00003-0030-00007.0 $ 71,913 $ 1,121 7,500 SF Totals $456,929 $ 7,713 28,767 SF Lot #1 includes the corner lot along with the main building and site improvements for Mike's Cut Rate Furniture. The commercial lot is assessed at $39,275 with the improvements at a total of $275,834. The commercial lot is assessed at $6.00 per square foot, less 15% cost of sale. Lot #2 consists of the vacant commercial lot only, also assessed at $6.00 per square foot, less 15% cost of sale. Lot #3 includes $720 in miscellaneous improvements with the commercial lot assessed at $6.00 per square foot, less 15% cost of sale. Lot #4 contains the older residential building on the eastern portion of the site. This assessed value includes $9,563 for the land and $62,350 for the improvements. The assessed values for the subject property are considered low, in our opinion, based on our valuation analysis, as provided herein. Florida's Constitution requires all property to be appraised at Just Value. While this concept is not adequately defined in the Constitution nor in Florida Statutes, numerous court decisions have held that it approximates Market Value as defined herein, less normal seller expenses of sale, estimated at fifteen percent (15%). While this represents the target level of the property appraiser, ' it has been found that assessments produced by mass appraisal techniques vary considerably and are not good indicators of Market Value. 31 SITE DESCRIPTION - PARENT PARCEL The subject Parent Parcel is located on the southeast corner of U.S. #1 and 32nd Street, in Vero Beach, Florida. This site contains an older, vacant commercial building containing Mike's Cut Rate Furniture and a residence. No inspection has been made of these buildings and they are not estimated to contribute any value to the subject commercial site. The subject Parent Parcel site consists of a prime commercial corner that has approximately 154.11 +- feet of diagonal frontage along the east side of U.S. #1. The site has 187.23 +- feet of frontage along the south side of 32nd Street. The east property line dimension is 150 +_feet, which is also the effective north south dimension. The south property line is not indicated. Overall average dimensions are estimated at around 150'x 192 +- feet, totaling 28,767 +- square feet, or 0.66 acres, per the Indian River County Property Appraisers records. The appraisal is subject to review of a current survey providing a Legal Description, all site dimensions and the total site area of the subject property. The site consists of four individual lots, identified as lots #1, #2, and #3 fronting along the east side of U.S. #1 with lot #7 fronting along the south side of 32nd Street. Primary frontage and exposure to the subject site are provided by U.S. Highway #1. U.S. #1 is an arterial highway that extends through the City of Vero Beach, as well as Indian River County into surrounding counties. This ' arterial roadway has five lanes, including a center turn lane. There are traffic lights and turning lanes at 32nd Street (a/k/a Aviation Boulevard), adjacent to the northwest of the subject site. The subject site has access from U.S. #1 at the southwest portion. The subject site also has access available from 32nd Street to the north. 32nd Street is partially paved from U.S. #1 for a short distance adjacent to the subject property. It then contains recycled pavement and pavement millings as it extends eastward to 13' Avenue, where it terminates. 32nd Street is presently a neighborhood street, but planned for improvement as part of the Aviation Boulevard Extension. The subject parent parcel site has frontage and access along both U.S. #1 and 32nd Street and currently contains an older commercial building, along with a residence. The overall site size is 0.66 acres. The subject parent parcel site is somewhat small, but considered adequate for independent use. However, it is noted that the prospective purchaser of the subject also has plans to purchase adjacent parcels to the south and east to increase the overall site size. The adjacent properties include the older Vero Motel to the south and vacant multiple family zoned lots in R.D. Carter Subdivision the east. The subject site has potential for intensive commercial use with the prime corner location at U.S. #1, at the southeast corner of 32nd Street. 32nd Street is planned for future road improvements as part of the Aviation Boulevard Extension. A copy of the county plat map is shown on the next page, followed by a county aerial map. 0 8 �° 1� 11 12 131 14; . 18.16 17 3390 <... S.,. • I _�Ali Y 6, lt1 11 12 13.:14 2 r 24 22.7 21: 20` 19 a16 X17 6 S 10 11 12. 13 i4 21 20 1$ 18, 1.7 � I � I � I II 01 AERIAL MAP I 33 FLOOD ZONE According to the Federal Emergency Management Agency National Flood Insurance Program Maps for Indian River County, revised December 4, 2012, the subject property appears to be located in Flood Zone X. Flood Zone X is not a designated Department of Housing and Urban Development (HUD) flood hazard area and flood insurance is not required. ICENSUS TRACT The subject property is designated as being within Census Tract 503.05, based on the 2020 Census Tract Map for Indian River County, Florida. SITE IMPROVEMENTS Principal site improvements consist of concrete and stabilized parking and drive, walkways, ' sidewalk, minimal landscaping, drainage improvements, fencing, signage, and utility hookups. As discussed, we have only made a drive-by inspection of the subject property. Thus, these site improvements have not been inspected. There are two access drives to the subject property, one at the southwest corner via U.S. #1 and another on the northeast portion of the site. These drives connect and provide access to the building along with the parking and work area on the rear southeast portion of the site. Landscaping is minimal as essentially the entire site is improved with the building and site improvements. Drainage improvements are provided on the adjacent roadways with curbing and storm drainage along U.S. #1. There are also catch basins along 32nd Street to the north. A walkway and sidewalk are located along U.S. #1 with stabilized parking along the south side of 32nd Street. This parking backs into the right-of-way of 32nd Street. Other site improvements include fencing, signage and utility hookups, most likely including a dumpster. Both City of Vero Beach water and sewer service are provided. Overall, the site improvements are less than ideal and below current zoning and site plan requirements. BUILDING IMPROVEMENTS Building improvements consist of an older, vacant commercial building containing Mike's Cut Rate Furniture located on the southeast corner of U.S. #1 and 32nd Street, in Vero Beach, Florida. This building was originally built around 1946 and contains a total of 11,259 +- square feet, per the Indian River County Property Appraisers records. The property also contains an older residential building that was built around 1940 and contains 1,354 +- square feet. No inspection has been made of these buildings, per the owners' request, as the business is closed and the improvements do not contribute any value. This is considered reasonable, in our opinion with the subject prime commercial corner location and current land value. Proposed Right -of -Way Acquisition ' A small portion of the subject property is being considered for right-of-way for the conceptually planned Aviation Boulevard Extension between U:S. #1 and 32uStreet, northeasterly to 36h Lane. The Aviation Boulevard Extension is proposed across the northwestern edge of the subject parent parcel. Two road alignments are being considered identified as Alignment A and B. These two road alignments having the following site areas, per the information provided. Alignment A 0.004 acres Alignment B 0.026 acres These tworo osed partial acquisitions are both small . in size and are indicated to be at the p p p �1 northwestern edge of the parent parcel site, adjacent to the southeast corner of U.S. #1 and 32"d Street. They appear to have_a slight curvilinear shape adjacent to the northwest comer of the existing building. No legal descriptions or site dimensions have been provided. They are both'assumed to consist Of vacant land areas adjacent to the northwest comer of the commercial being. it is assumed that these parcel sizes are accurate and any significant size differepce Wn �e estimated and assumed to be accurate could possibly change our, opinion of the, of the . subject property. The appraisal is subject to a survey of These site. areas The proposed right-of-ways will only slightly reduce the size of the remainder parcel, based on the information provided. The site areas are assumed to consist of Vaoatt.'Ilond area on I the northwestern ortion of the site, althou p gh possibly including some sideway, inr fray. or stabilized parking area. However, the site areas have not been staked and the exact location of these right- of -ways is not available. Further, no roadway plans have been provided forthe.proposed Aviation Boulard Extension that is being considered for 32nd Street between U.S, ## and 361h Lane. 1t is assumed that the elevation of the new roadway and other planned improvements for Aviation BQu Extension wi l be sloped to not adversely affect the subject property .remainder site dralr'age and/or other requirements. It is assumed that the drainage adjacent to the suVjadsite.,Oft6rihe right-of-way acquisition, will be at least equal to the drainage that currently exists. , ThO pipr�isal is subject to review of the final completed plans by a qualified engineer and certificet6o .6engineer that the the drainage adjacent to the remainder parcel will be at least equal, or bettOln his or her opinion, than currently exists. Copies of the Aviation Boulevard Extension Alternative Alignment Study for,869 hent 1; Alemative A and B are provided on the next two pages. r 36 AVIATION BOULDVARD EXTENSION - ALTERNATIVE B IF x ` CURVE NO. DESIGN SPEED (MPN) SUPER ELEVATION 1 ED- WB - 346 EB - 30, W B - 30 EB - N.C., WB - N.C. �r 33nd STREET _ - -- HAVEN / _x 03 a AAJ VA j v 4 4 � I 1 11 11 37 Remainder Parcel The remainder parcel is estimated to be only slightly smaller than the parent parcel. The parent parcel is indicated and estimated at 0.66 acres in size, with the remainder parcel at approximately 0.6560 to 0.6574 +- acres, as summarized below: Land Area: (Parent Parcel) 28,767 ± SF - 0.66 +- Acres Land Area: (Alignment A) 0.0040 +- Acres Land Area: (Alignment B) 0.0026 +- Acres Land Area: (Remainder Parcel) 0.6560 +- Acres to .6574 +- Acres Again, the above site areas are subject to confirmation by survey providing a survey sketch with legal descriptions, dimensions, and the location of the proposed acquisitions. The Aviation Boulevard Extension is proposed across the northwestern edge of the subject parent parcel. The proposed right-of-way acquisitions have a slightly irregular shape, as shown on the aerial map sketches on the previous pages. It is designed to provide a roadway connection from U.S. #1 and 32nd Street, northeast to 35th Lane. The proposed roadway is designed to connect U.S. #1 with 35th Lane along with 37th Street northward to 41 st Street. EFFECTS OF THE RIGHT-OF-WAY ACQUISITION The proposed right-of-way acquisitions are both small in size and considered independently for Alignments A and B. The site areas are assumed to consist of vacant land area on the northwestern portion of the site, although possibly including some sidewalk, walkway, or stabilized parking area. However, the site areas have not been staked and the exact location of these right- of-ways is not available. Thus, the proposed right-of-ways will only slightly reduce the size of the remainder parcel, based on the information provided, leaving the vast majority of the site available for future development. Based on this information, no severance damages are estimated. Highest and Best Use of the subject remainder parcel is considered to be essentially the same as the parent parcel, in our opinion. Just Compensation is estimated based on the land value of the proposed right-of-way acquisition, calculated by the difference between the Parent Parcel Land Value and the Remainder Parcel Land Value. As these parcels are estimated to have the same value per square foot or per acre, a direct valuation has been made of the right-of-way acquisition. � I � I � I W. HIGHEST AND BEST USE Property Market Value trends can be analyzed through a study of the forces which drive this market activity. These forces are referred to as supply and demand, substitution, balance and external interference. The term "Highest and Best Use" refers to the optimum use of a property, considering the impact of all of these market forces on a specific property. The value of real property is directly related to the use to which it can be put. A parcel may have several different value levels under alternative uses. The property appraised herein is appraised under its Highest and Best Use, as defined below: "The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity." Source: The Dictionary of Real Estate Appraisal - 5th Edition, sponsored by the Appraisal Institute, 2010, Page 93. In each appraisal of improved property there are two considerations of Highest and Best Use: one for the land considered as though vacant and one for the property as improved. Within each analysis four sets of use constraints are considered: legally permissible, physically possible, economically feasible, and maximally productive. Legally permissible restrictions include private restrictions, zoning, building codes, historic district controls, and environmental regulations. Physically possible uses are determined by the size, shape, area, topography and accessibility of a parcel of land. Included in this analysis are the risk of natural disasters, capacity and availability of public utilities, and the physical components of the improvements. Financial feasibility considers uses that are legally permissible and physically possible, and determines which ones produce a positive return. A maximally productive use is the financially feasible use that produces the highest residual land value. The Highest and Best Use of land assumes that the site is vacant and that the site could be utilized at the Highest and Best Use which is determined in this analysis. The Highest and Best Use of the site, as improved, correlates the current improvements with improvements that would be made at the optimum development of the site: as determined in the Highest and Best Use of vacant land. The Highest and Best Use of the subject parent parcel and remainder parcel are discussed on the following pages. 39 Parent Parcel - As if Vacant Physically, the subject parent parcel is located on the southeast corner of U.S. #1 and 32nd Street, in Vero Beach, Florida. This site contains an older, vacant commercial building containing Mike's Cut Rate Furniture and a residence. No inspection has been made of these two buildings and they are not estimated to contribute any value to the subject commercial site. The subject Parent Parcel site consists of a prime commercial corner that has approximately 154.11 +- feet of diagonal frontage along the east side of U.S. #1. The site has 187.23 +- feet of frontage along the south side of 32nd Street. The east property line dimension is 150 + feet, which is also the effective north south dimension. The south property line is not indicated. Overall average dimensions are estimated at around 150'x 192 +- feet, totaling 28,767 +- square feet, or 0.66 acres, per the Indian River County Property Appraisers records. The appraisal is subject to review of a current survey providing a Legal Description, all site dimensions and the total site area of the subject property. The site consists of four individual lots, identified as lots #1, #2, and #3 fronting along the east side of U.S. #1 with lot #7 fronting along the south side of 32nd Street. Primary frontage and exposure to the subject site are provided by U.S. Highway #1. There are traffic lights and turning lanes at 32nd Street (a/k/a Aviation Boulevard), adjacent to the northwest of the subject site. The subject parent parcel site has frontage and access along both U.S. #1 and 32nd Street. The overall site size is 0.66 acres. The subject parent parcel site is somewhat small, but considered adequate for independent use. The subject site has potential for intensive commercial use with the prime corner location at U.S. #1, at the southeast corner of 32nd Street. 32nd Street is planned for future road improvements as part of the Aviation Boulevard Extension. Legally, the subject site is restricted by zoning and the CLUP. The zoning of the subject property is under the guidelines of the City of Vero Beach Planning and Zoning Department. Current zoning of the subject property is C-1 B, Commercial Trades and Services District on lots 1 thru 3, with lot 7 zoned RM -10/12, Multiple Family Residential. However, according to the Planning Director for the City of Vero Beach, the subject property can be re -zoned to all C-1 B. The City of Vero Beach Comprehensive Land Use Plan (CLUP) supports the current zoning, as it designates the subject property as MX, Mixed Use for the majority of the site with the remainder designated MR, Mixed Residential, but also planned on being changed. Thus, the subject property is assumed to be entirely zoned C-1 B, Commercial Trades and Services District with either a MX, Mixed Use or a C, Commercial CLUP designation allowing full commercial use of the subject property. Thus, the subject zoning will allow intensive commercial use of the subject site. Economic considerations deal primarily with supply and demand factors. This takes into consideration those uses which are physically and legally possible, as well as financially or economically feasible. Financial feasibility considers uses that are legally permissible and physically possible, and determines which ones produce a positive return. A maximally productive use is the financially feasible use that produces the highest residual land value. F, 40 A variety of commercial and industrial uses have been historically constructed in the subject U.S. #1 neighborhood. These commercial uses have been both in the owner occupied market segment, along with some investment oriented properties. The subject's corner location at the southeast comer of U.S. #1 and 321 Street. provides excellent commercial' exposure. It is estimated that a high intensity commercial use would provide the greatest return to the site. Nevertheless, the conceptually planned road improvements for the Aviation Boulevard Extension adjacent to the north of the subject property are still being analyzed. Considering these factors, the Highest and Best Use of the subject property (Parent Parcel), as if vacant, is to hold as vacant and consider future intensive commercial development when warranted. Remainder Panel - After the Right -of. -Way Acquisition Site as if Vacant: The remainder parcel is estimated to be only slightly smaller than the pmt parcel.The parent parcel is indicated and estimated at ©.66 acres in size, with the remainder parcel at -approximately 0.6560 to 0.6574 +- acnes, as summarized below: Land Area: (Parent Parcel) 28,767 ± SF - 0.66'+- Acres'.. Land. Area: (Alignment A) 0 0040 +- Acres Land Area: (Alignmert B) O.a026 +- Acres Land Area: (Remainder Parcel) 0.6560 +- Acres to .6574 +- Ages The Aviation Boulevard Extension is proposed across the northwestern.edge..of subject parent parcel. Thep fight -of -way acquisitions have a slightly egutar shaper' hey yam deigned to provide a roadway connection from U..S. #1; and 3e Street, northeast to 36�.Larre. The proposed right-of-way acquisitions are both small ire size and considetr jndependently for` Alignments A and B. Thus, the proposed right-of-ways will ody slightly reds e.the size of the reminder parcel, based on the information provided, leavi the vast majopfthe steavailajite , for future development. Based on this information, ,no severance dames ft estimated. Highest and Best Use of the subject remain. deer parcel is considered to be.�ssei�tiaNy the same as the parent parcel, consisting of future intensiva commercial developments w�%nanted. Parent Parcel - As Improved The subject property is currently improved with. an older, vacant commerdat building containing Mike's Cut Rate Furniture located on the southeast>Corner of U.S. #1.and k2 d .street, in Vero Beach, Florida. This building was originally built around 1,946 and contains a:#coat of 11,259 ++ tsquarefeet, per the Indian RiverCoun Pro ert tY p y Appraisers records. The property also contains an older residential building that was built around 1940 and; contains 1,364 +-: square feet. ' 44 Sale #4 is located along U.S. #1, just south of 45th Street. It consists of an interior site that is rated slightly inferior. Size - Size adjustments are made, as larger sites tend to sell at a lower price per square foot and per unit and vice versa for smaller sites. Sales #1 and #2 are both similar in size with sale #3 ' slightly larger, but not adjusted. Sale #4 is adjusted upward plus 5%. Shape/Depth -This adjustment considers the frontage, depth, and shape of the comparable sales in comparison to the subject property. The subject property has a functional shape with around 150 +- feet of effective frontage and 192 +- feet of average depth. Commercial sites with less road frontage and greater depth in relation to the frontage are generally inferior to sites with more road frontage and adequate depth. Further, parcels with irregular shapes generally have somewhat lower utility particularly if it affects the potential for commercial development. ' Sale #1 is rated similar with sale #2 inferior as this commercial parcel has a narrow irregular shape. Sale #3 is also rated similar with sale #4 inferior. Site Factors - This adjustment considers any negative site factors, such as demolition and removal, along with underground fuel tanks that had to be removed. It also takes into account the improvements on these commercial site and if they contributed any value. For example, sale #1 ' contains some older improvements which are being renovated and are estimated to have contributed some value. An adjustment of minus 15% is estimated. Sale #2 consists of an older service station that also reportedly has fuel tanks. This property was purchased by the adjacent auto dealership and is presently being used for auto display area. None of the improvements had been removed by the seller, but reportedly needed to be removed ' by the purchaser. This sale is considered inferior in comparison to the subject property and adjusted upward. Sale #3 consists of an older citrus packinghouse facility named Poinsettia Groves. The building improvements are not estimated to provide any additional value. This sale is considered similar to the subject property. Sale #4 consists of vacant commercial land. The four comparable land sales analyzed are discussed on the following pages. � I I I i I � I I 45 � I AERIAL MAP - LAND SALE #1 II � I � I It LAND SALE #2 Type of Property: Commercial Site - former service station Location: Northwest corner of U.S. #1 and 100' Street 48 AERIAL MAP - LAND SALE #2 51 LAND SALE #4 Type of Property: Commercial Site Address: 4425 U.S. Highway #1 Vero Beach, Florida 32967 Grantor: Quality Fruit Packers of Indian River Inc. Grantee: E Vero Beach, LLC Date of Sale: December 31, 2021 Purchase Price: $1,200,000 Adjusted Sale Price: No adjustments made MLS #: #227622 - OR Book 350011097 Tax I . D.#: 26-32-39-00000-3000-00003.2 Brief Legal Description: Part of the NW 1.14 of Section 26, Township 32 South, Range 39 East, Indian River County, Florida. Zoning: CH, Heavy Commercial Land Use: M ComrnercialAndustriaal Node Highest and Best Use: Development with commercial use, as demand warrants. Reportedly planned for a new car wash. Site Size: Frontage: 150 f- feet- Street: U.S. highway #1,& QId t3ixie.Highway Depth: 400 +-feet Size: 47,942 +- SF (1.10 Acres Unit Price: $25,03 /-SF, Financing: Seller provided a PMM in the principal amount of $75a,wo Confirmation: Public Records, MLS, Listing Agent and inspection by,Den Nelson. Sale .#4 consists of the December, 2021 sale of the heavy commercial zoned arta located along the west side of U.S. #1, just south of 45"' Street. The property is located just north of the northern portion of the Quality Fruit Packers site, now. Crossover Mission.: The properly is located adjacent to the vacant comer site to the north planned for a new Wawa: . The property has 150 feet of frontage along. U.S. #1 to the east and around 200 +- feet along " the east side of Old Dbde Highway. The site is an interior site that extends between these two roadways The site is level and has been cleared with the exception of a small` building. Access is available and the property is reportedly planned for a new car wash. Reportedly, ,the seller has an agreement for shared access and retention between this property and the Wawa to the north. There had been no prior sales of this property within the previous 3 years. 53 LAND SALES SUMMARY AND ADJUSTMENT GRID w. fill Wir 3' ViiiA IN!"I" 0-0 55 Summary and Conclusion of Parent Parcel Land Value After adjustments, the four comparable land sales analyzed indicate the following adjusted values per square foot for the subject parent parcel site: The subject property has a prime commercial corner location at the southeast corner of U.S. #1 and 32nd Street. After adjustment, these sales indicate a fairly tight range from around $34.37 to $35.98 per square foot. Sale #1 is considered similar. Sale #2 is somewhat inferior, but adjusted upward. Sale #3 is also considered similar, along with sale #4. Subject Contract Currently, the subject property is listed for sale at an asking price of $1,100,000 with Lambert Commercial Real Estate. Ron Lambert indicated that there is a contract to purchase the subject property for $1,000,000. This agreement for sale and purchase is dated March 30, 2022 and the buyer is Elevate Acquisitions, LLC. Reportedly, they are considering commercial development of the subject property and adjacent parcel to the east and southeast for a 7-11 convenience store with gasoline pumps. The status of this contract is currently uncertain, per Mr. Lambert, due to the Aviation Boulevard roadway extension status. The $1,000,000 contract price equates to $34.76 per square foot of land area. This is within the same range as the four comparable land sales and considered as the most supportable Market Value conclusion of the subject parcent parcel site. 1 The Market Value of the subject parent parcel site is valued at $1,000,000, which equates to approximately $34.76 per square foot. Opinion of Parent Parcel Land Value $1,000,000 LI t Adjusted Value Sale # Per S.F. Comments 1. $34.76 1995 U.S. #1 - Planned for Pharmacy 2. $35.77 1031 U.S. #1 - Steil to Dyer 3. $34.37 1481 U.S. #1 - Poinsettia Groves 4. $35.98 4425 U.S. #1 - South of Wawa The subject property has a prime commercial corner location at the southeast corner of U.S. #1 and 32nd Street. After adjustment, these sales indicate a fairly tight range from around $34.37 to $35.98 per square foot. Sale #1 is considered similar. Sale #2 is somewhat inferior, but adjusted upward. Sale #3 is also considered similar, along with sale #4. Subject Contract Currently, the subject property is listed for sale at an asking price of $1,100,000 with Lambert Commercial Real Estate. Ron Lambert indicated that there is a contract to purchase the subject property for $1,000,000. This agreement for sale and purchase is dated March 30, 2022 and the buyer is Elevate Acquisitions, LLC. Reportedly, they are considering commercial development of the subject property and adjacent parcel to the east and southeast for a 7-11 convenience store with gasoline pumps. The status of this contract is currently uncertain, per Mr. Lambert, due to the Aviation Boulevard roadway extension status. The $1,000,000 contract price equates to $34.76 per square foot of land area. This is within the same range as the four comparable land sales and considered as the most supportable Market Value conclusion of the subject parcent parcel site. 1 The Market Value of the subject parent parcel site is valued at $1,000,000, which equates to approximately $34.76 per square foot. Opinion of Parent Parcel Land Value $1,000,000 LI t 11 1 56 1 REMAINDER PARCEL - LAND VALUE � I n The remainder parcel is estimated to be only slightly smaller than the parent parcel. The parent parcel is indicated and estimated at 0.66 acres in size, with the remainder parcel at approximately 0.6560 to 0.6574 +- acres, as summarized below: Land Area: (Parent Parcel) Land Area: (Alignment A) Land Area: (Alignment B) Land Area: (Remainder Parcel) 28,767 ± SF - 0.66 +- Acres 0.0040 +- Acres 0.0026 +- Acres 0.6560 +- Acres to .6574 +- Acres The Aviation Boulevard Extension is proposed across the northwestern edge of the subject parent parcel. The proposed right-of-way acquisitions have a slightly irregular shape. They are designed to provide a roadway connection from U.S. #1 and 32nd Street, northeast to 35th Lane. The proposed right-of-way acquisitions are both small in size and considered independently for Alignments A and B. Thus, the proposed right-of-ways will only slightly reduce the size of the remainder parcel, based on the information provided, leaving the vast majority of the site available for future development. Based on this information, no severance damages are estimated. Highest and Best Use of the subject remainder parcel is considered to be essentially the same as the parent parcel, consisting of future intensive commercial development, as warranted. ' The Land Value of the Remainder Parcel is analyzed by using the same four comparable land sales. The Remainder Parcel Land Value is estimated based on applying the same land value of approximately $34.76 per square foot. RIGHT OF WAY ACQUISITION - LAND VALUE The land value of the part taken (right-of-way acquisition) is calculated by deducting the land value of the remainder parcel from the parent parcel. The subject parent parcel contains 28,767 +- I' square feet, with the right-of-way alignment A indicated at 0.0040 acres in size, which equates to around 174 square feet. Alignment B is indicated at 0.0026 acres in size, which equates to around 113 square feet. The site areas for Alignments A and B are summarized below: Alignment A 0.0040 acres 174 SF 28,593 SF Remainder Alignment B 0.0026 acres 113 SF 28,654 SF Remainder The land values of the proposed right-of-way are estimated by utilizing the Parent Parcel Land Value, less the Remainder Parcel Land Value. � I i 57 The calculations for the proposed right-of-way for Alignments A and B are summarized below: Value Conclusions - Alignment A SUMMARY OF LAND VALUES - ALIGNMENT A Parent Parcel 28,767 SF x $34.76 / SF $ 999,941 $1,000,000 (Rd.) Remainder 28,593 SF x $34.76 / SF $ 993,893 $ 994,000 (Rd.) Right -of -Way $ 6,000 SUMMARY OF LAND VALUES - ALIGNMENT B Parent Parcel 28,767 SF x $34.76 / SF $ 999,941 $1,000,000 (Rd.) Remainder 28,654 SF x $34.76 / SF $ 996,013 $ 996,000 (Rd.) Right -of -Way $ 4,000 Opinion of Alignment B Right -of -Way Value $ 4,000 Our valuation analysis indicates a land value forthe part taken (right-of-way acquisition) of $6,000 for Alignment A and $4,000 for Alignment B, as shown below: Land Value - Right -of -Way - Alignment A $6,000 Land Value - Right -of -Way - Alignment B $4,000 SEVERANCE DAMAGES Severance damages are the result of the diminution of value of the Remainder as a result of the right-of-way acquisition compared to its contributory value to the whole prior to the right-of-way acquisition. Based on the analysis made, it is the appraiser's opinion that no severance damages would result from the proposed right-of-way acquisition. Just Compensation may be allocated to the land value of the proposed right-of-way acquisition, together with the value of the improvements acquired, and any severance damages incurred as a result of the right-of-way acquisition. The calculations are shown below: Alignment A Land Value of Right -of -Way $6,000 58 Just Compensation may be allocated to the land value of the proposed right-of-way acquisition, together with the value of the improvements acquired, and any severance damages incurred as a result of the right-of-way acquisition. The calculations are shown below: Alignment B $4,000 $4,000 $-0 - $4,000 $4,000 Based on the analyses presented in this appraisal report, our opinion of the Just Compensation (Land Value of the Proposed Aviation Boulevard Right -of -Way Acquisition), for Alignment A and B, as of February 20, 2023, is as follows: Alignment A $6,000 Alignment B $4,000 The subject value conclusions have conditions and assumptions that are assumed to be correct, as discussed in the appraisal report. It should be noted that if some or all of these conditions or assumptions are not correct, it could affect our opinion of the subject values, as provided herein. Alignment A Land Value of Right -of -Way $6,000 Plus: Estimated Value of Improvements: $-0 - Just Compensation -Right-of-Way $6,000 Plus: Severance Damages: $_0 - Total Just Compensation $6,000 Opinion of Just Compensation: $6,000 (Fee Simple Estate) Alignment B $4,000 $4,000 $-0 - $4,000 $4,000 Based on the analyses presented in this appraisal report, our opinion of the Just Compensation (Land Value of the Proposed Aviation Boulevard Right -of -Way Acquisition), for Alignment A and B, as of February 20, 2023, is as follows: Alignment A $6,000 Alignment B $4,000 The subject value conclusions have conditions and assumptions that are assumed to be correct, as discussed in the appraisal report. It should be noted that if some or all of these conditions or assumptions are not correct, it could affect our opinion of the subject values, as provided herein. I 59 MARKETING TIME Marketing time consists of our opinion of the amount of time it might take to sell the subject property at the concluded Market Value during the period immediately after the effective date of the appraisal. The subject parent parcel is located on the southeast corner of U.S. #1 and 32nd Street, in Vero Beach, Florida. This site contains an older, vacant commercial building containing Mike's Cut Rate Furniture and a residence. ' The Parent Parcel site consists of a prime commercial corner that has approximately 154.11 +- feet of diagonal frontage along the east side of U.S. #1. The site has 187.23 +- feet of frontage along the south side of 32nd Street. The east property line dimension is 150 +_feet, which is also the effective north south dimension. The south property line is not indicated. Overall average dimensions are estimated at around 150' x 192 +- feet, totaling 28,767 +- square feet, or 0.66 acres, per the Indian River County Property Appraisers records. The subject parent parcel site has frontage and access along both U.S. #1 and 32nd Street. The overall site size is 0.66 acres. The subject parent parcel site is somewhat small, but considered adequate for independent use. It has potential for intensive commercial use with the prime corner location at U.S. #1, at the southeast corner of 32nd Street. 32"d Street is planned for future road improvements as part of the Aviation Boulevard Extension. The subject property is assumed to be entirely zoned C-1 B, Commercial Trades and Services District with either a MX, Mixed Use or a C, Commercial CLUP designation allowing full ' commercial use of the subject property. Thus, the subject zoning will allow intensive commercial use of the subject site. � I The subject property is estimated to have good demand, particularly once the conceptually planned road improvements for the Aviation Boulevard Extension adjacent to the north of the subject property are finalized. Reportedly, there is currently a contract on the subject property, along with a recent letter of intent. The subject property is forecast to have a marketing time of 6 months to 24 months, concluded at 12 months, assuming pricing similarto ourvalue conclusion. REASONABLE EXPOSURE TIME 1 Reasonable exposure time is assumed to precede the effective date of the appraisal. Exposure time, per USPAP, may be defined as follows: The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at Market Value on the effective date of the appraisal; a retrospective opinion based upon an analysis of past events assuming a competitive and open market. The reasonable exposure time estimate takes into consideration the price, time, and use, of the property appraised. The reasonable exposure time for the subject property is estimated at 6 to 24 months, concluded at 12 to 18 months. � I t 60 i CERTIFICATION OF APPRAISAL The undersigned do hereby certify to the best of our knowledge and belief: . a)' The statements of fact contained in this report are true and correct. b The reported analyses, opinions, and conclusions are limited onl the reported assumptions and limiting conditions, are mypersonal, impartial, and unbiased professional analyses, opinions, and conclusions. c) We have no present or prospective interest in the property that is the subject of this report,' and no personal interest with respect to the parties involved. d) We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. e) Our engagement in this assignment was not contingent, upon developing or reporting predetermined results. f) Our compensation forcompleting this assignment is not contingerrt ipm the development or reporting of a predetermined value or directionin value that favors the cause of the cllent, the amount of the value opinion, the attainment of a stipuiei d result, or the occurrence of a subsequent event directly related to the intended tis00 t#iis.appraisal The appraisal assignment was not made, nor wits the appraisal render*l .' the basis of a requested minimum valuation, specific valuation, or an amount �rhi6k would result in approval of a loan. g) Our analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the uniform Standards of Profess no(Appraisol Practice. h) This appraisal report has been made in conformity with and is subject.to the requirements _ of the Codes of Professional Ethics and Standards of Professional Conduct of the Appraisal Institute. i) That both Daniel A. Nelson and Peter D. Armfield have made a drive-by inspection of the property that is the subject of this appraisal report. ,. j) No one provided significant professional assistance to the person ming this report. k) Peter D. Armfield, #RZ524 and DanielA, Nelson, #RZ897 are currently State of Florida Certified General Real Estate Appraisers. 1) As of the date of this report 1, Peter D. Armfeld, MAI, SRA, have completed the requirements under the continuing education program of the Appraisal institute. t 61 CERTIFICATION OF APPRAISAL (continued) m) The use of this report is subject to the requirements of the Appraisal Institute and the State of Florida Real Estate Appraisal Board relating to review by its duly authorized representatives. n) We have not provided appraisal or other services on the subject property within the 3 -year period immediately preceding acceptance of this appraisal assignment. o) Our opinion of the Market Value of the fee simple estate of the real property appraised herein, "Parent Parcel," as of February 20, 2023, is as follows: Parent Parcel ONE MILLION DOLLARS ($1,000,000) p) Our opinion of the Just Compensation (Land Value of the Proposed Aviation Boulevard Right -of -Way Acquisition), for Alignment A and B, as of February 20, 2023, is as follows: Alignment A $6,000 Alignment B $4,000 Just Compensation may be allocated to the land value of the proposed right-of-way acquisition, together with the value of the improvements acquired, and any severance damages incurred as a result of the right-of-way acquisition. The calculations are shown below: Alignment A Land Value of Right -of -Way $6,000 Plus: Estimated Value of Improvements: $_0 - Just Compensation -Right-of-Way $6,000 Plus: Severance Damages: $_0 - Total Just Compensation $6,000 Opinion of Just Compensation: $6,000 (Fee Simple Estate) Alignment B $4,000 $-0 - $4, 000 $-0 - $4,000 $4,000 The above value conclusions have conditions and assumptions that are assumed to be correct, as discussed in the appraisal report. It should be noted that if some or all of these conditions or assumptions are not correct, it could affect our opinion of the subject values, as provided herein. Further, the appraisal is subject to a complete inspection of the subject property appraised, as only a drive-by exterior inspection has been made. 64 QUALIFICATIONS OF THE APPRAISER PETER D. ARMFIELD, MAI Education Graduate University of Florida &A....a- -4 II 1 11 65 QUALIFICATIONS OF THE APPRAISER Peter D. Armfield Page 2 Real Estate Appraisal Made for the Following: City Federal Savings & Loan of Palm Beach Savings of America Florida Federal Savings & Loan United Savings of America Florida First National Bank of Vero Beach SunTrust Equitable Relocation Lomas & Nettleton American Hospital Mgmt.Corp, Ford Motor Credit Attorneys and Individuals Merrill Lynch Relo. Church of Latter Day Unit,- aintsGulf Gulf& Western Corp. Kentucky Life Insurance o, City of Vero Beach American Petrofina -Corp. Indian River County Federal National Mortgage Win. Gulf Oil Corporation FL Deist. of Natural Resources Exxon Corporation Bank of America St. Lucie County Tropicana Corporation Types of Appraisals Residences Airplane Hangars Warehouses` Commercial insurable Value` Leased Property Offices Vacant, Land Citrus Groves, Shopping Centers Residential Improved Pasture Service Stations Landlocked Go# Courses Light Industrial Subdivisim . Social Clubs Condominiums Commercial Motels Mobile Home Parks Industrial Citrus'Packlrtg Hots J APPRAISAL LICENSES 66 1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael Zito, Interim County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Request for Funding and Authorization to Purchase a Motor Grader DATE: April 10, 2023 DESCRIPTION AND CONDITIONS Public Works currently grades approximately 250 miles of unpaved roadways within the County. This task is accomplished with eight graders operating full time with one spare used for when a grader needs normal maintenance or a grader experiences a mechanical failure. Our current fleet of graders is aging and we are experiencing multiple mechanical failures at the same time. Our current fleet of graders consist of the following: 2009 Caterpillar 120M with 20,972 Hours 2009 Caterpillar 120M with 17,537 Hours 2011 Caterpillar 120M with 19,300 Hours 2012 Caterpillar 120M with 18,439 Hours 2013 Caterpillar 120M with 16,435 Hours 2015 Caterpillar 120M with 10,250 Hours 2015 Caterpillar 120M with 8,006 Hours 2018 John Deere 620G with 8,238 Hours 2019 John Deere 620G with 7,831 Hours Due to other capital needs within the Public Works Road and Bridge Division, the purchase of new graders over the past several years was not possible. The construction industry has seen a shortage of available parts for repairs over the past two to three years, along with long lead times for the purchase of construction equipment. Normal lead times for the purchase of graders is currently nine to twelve months. However, in researching the availability of graders for possible monthly rental to help with the back long of roadway grading due to mechanical failure, both John Deere ($295,852.75 available in May 2023) and Caterpillar ($315,501.00 available in June 2023) have a grader available for purchase that can be delivered to us in four to eight weeks. After comparing the specifications for the available graders with the specification for graders utilized by the County, we find that the Caterpillar grader meets our specification for operation and maintenance parameters, while this particular John Deere grader has features that are not needed and some features that are needed. 396 Page 2 Request for Funding and Authorization to Purchase a Motor Grader For April 18, 2023 BCC Meeting Currently, funding for the purchase of this capital item is not available in the current year Public Works budget. After discussions with the Budget Director, funding for this item could be made available from Transportation Fund, fund balance if the Board so desires. FUNDING: Funding in the amount of $315,501.00 for the purchase of a 2023 Caterpillar 120 will be made available from the Transportation Fund/Cash Forward Oct 1St, account number 111039-389040 to Transportation Fund/Road & Bridge/Heavy Equipment -Wheel Track, account number 11121441-066430 via a future budget amendment. Account Name Account No. Amount Transportation Fund/Road &Bridge/Heavy Equipment -Wheel Track 11121441-066430 $315,501.00 STAFF RECOMMENDATION: Based on the availability and specifications for graders used by the County, Staff recommends the Board authorize funding in the amount of $315,501.00 from Transportation Fund, fund balance for the purchase of a 2023 Caterpillar 120 motor grader. APPROVED AGENDA ITEM FOR: April 18, 2023 397 C:\Granicus\Legistar5\L5\Temp\9a99a8e6-la0a-48f4-blbd-9a453e6f42ac.doc Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney /34 County Attorneys Matters - B.C.C.4.18.23 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: April 11, 2023 SUBJECT: Use of Optional Sales Tax for Beach Renourishment Projects ATTORNEY BACKGROUND. On November 8, 2016, the electors of Indian River County approved the extension of the one -cent sales surtax to be used to finance, plan and construct infrastructure including roads, bridges, jail expansion, libraries, fire/paramedic stations, stormwater improvements, recreation facilities, county administration buildings, closure of landfills, and any other county and municipality infrastructure projects allowed by law. Due to the costly nature of beach and dune renourishment projects, County staff is interested in having the option to utilize some of these funds for beach and dune renourishment projects. Section 212.055(2), Florida Statutes, authorizes local governments to use the discretionary sales surtax for a number of purposes, which include construction of infrastructure. Infrastructure is defined under section 212.055(2), Florida Statutes, as "[a]ny fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years, any related land acquisition, land improvement, design, and engineering costs, and all other professional and related costs required to bring the public facilities into service". Furthermore section 212.055(2), Florida Statutes states that "[f]or purposes of this sub -subparagraph, the term "public facilities" means facilities as defined in section 163.3164(39), section 163.3221(13), or section 189.012(5), and includes facilities that are necessary to carry out governmental purposes, including, but not limited to, fire stations, general governmental office buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing authority or another governmental entity." Professional County staff designs and has designed County beach and dune construction projects to have a life expectancy of 5 or more years. The County Attorney's Office believes that the use of optional sales tax for beach and dune renourishment projects is acceptable under Florida law. Thus, County staff and the County Attorney's Office believe that it would be useful to have this funding source available as an option for beach and dune renourishment projects. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the attached resolution authorizing the use of optional sales tax funds for beach and dune renourishment projects. C. IC.wi=tLeguw S5L51TempU7e3fc52<9204dc6-927A80dOe8683986.doc 398 Board of County Commissioners April 11, 2023 Page 2 FUNDING. Any requests for utilizing optional sales tax funds for upcoming beach and dune restoration projects will be brought before the Board for approval. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the resolution authorizing the use of optional sales tax funds for beach and dune renourishment projects. ATTACHMENT(S). Draft Resolution C: 1&-icu "gi, r -I M pLfWfcS1a92"&&917"OdO.8"3986.d- 399 RESOLUTION NO. 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ELECTING TO USE OPTIONAL SALES TAX REVENUE FOR BEACH AND DUNE CONSTRUCTION IN SECTOR 3 AND SECTOR 5. WHEREAS, on November 8, 2016, the electors of Indian River County approved the extension of the one -cent sales surtax to be used to finance, plan and construct infrastructure including roads, bridges, jail expansion, libraries, fire/paramedic stations, stormwater improvements, recreation facilities, county administration buildings, closure of landfills, and any other county and municipality infrastructure projects allowed by law; and WHEREAS, section 212.055(2), Florida Statutes, authorizes local governments to use the discretionary sales surtax for a number of purposes, which include construction of infrastructure; and WHEREAS, infrastructure is defined under section 212.055(2), Florida Statutes, as "[a]ny fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years, any related land acquisition, land improvement, design, and engineering costs, and all other professional and related costs required to bring the public facilities into service"; and WHEREAS, section 212.055(2), Florida Statutes states that "[f]or purposes of this sub - subparagraph, the term "public facilities" means facilities as defined in s. 163.3164(39), s. 163.3221(13), or s. 189.012(5), and includes facilities that are necessary to carry out governmental purposes, including, but not limited to, fire stations, general governmental office buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing authority or another governmental entity"; and 1 400 RESOLUTION NO. 2023 - WHEREAS, Section 102(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as Amended defines a public facility, and Title 44 of the Code of Federal Regulations (CFR), Section 206.201(c) further defines a facility as "an improved and maintained natural feature"; and WHEREAS, the standard Perpetual Beach Management and Assessment Easements executed by property owners allow for inter glia, the construction of "a public beach and dune system"; and WHEREAS, the 2019 Beach Preservation Plan Update notes that several of the beach sectors are "critically eroded areas" within Indian River County; and WHEREAS, the County's beach and dune construction projects are designed to have a life expectancy of 5 or more years; and WHEREAS, the Indian River County Board of County Commissioners desires to utilize optional sales tax funds per section 212.055(2), Florida Statutes to construct the public beach and dune system, a public facility designed with a life expectancy of 5 or more years. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY: 1. The Indian River County Board of County Commissioners authorizes the use of optional sales tax funds to construct the public beach and dune system, a public facility designed with a life expectancy of 5 or more years. 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: Chairman Joseph H. Earman Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss 2 401 RESOLUTION NO. 2023 - The Chairman thereupon declared the Resolution duly passed and adopted this day of , 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney 3 Joseph H. Earman, Chairman 402 Dylan Reingold, County Attorney William K. DeBraaL Deputy County Attorney Susan J. Prado, Assistant County Attorney TO: FROM: DATE: SUBJECT: Oce of aa INDIAN MEMORANDUM Board of County Commissioners Dylan Reingold, County Attorney April 11, 2023 Children Services Advisory Committee Appointment 136 Attorneys Matters - B. C. C. 04.18.23 RIVER COUNTY 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 appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the position of "Member At Large" vacancy on the Children Services Advisory Committee, which term expires in January 2025. The vacancy has been advertised on the County's website in excess of 30 days. The following are the names of qualified applicants for this position: Dawn M. Carboni Amber L. Cerda Daniel W. Lenderman Wendy D. McDaniel RECOMMENDATION. The County Attorney recommends that the Board review the applicants' applications, and determine whether to appoint him/her to fill the unexpired term for the "Member At Large" representative to the Children Services Advisory Committee. ATTACHMENT. Applications C.•IGraaic Vs gutar5ILSITempld19jd8c7- la6-4669-8a7&66b8b)9c84y6.do" 403 p Full Time Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. I have worked in business, education, and nonprofit for over 25 years in various financial positions. I have a Master's degree in Accounting and I am currently working on my PhD in Management. I have a varied background and have served on other advisory committees and councils in the past. Currently employed by IRC Hospital District as an Internal Auditor and Adjunct Professor of Accounting at IRSC. Please list any licenses you presently hold: None applicable Please list any organization of which you are currently a member: 405 Dawn M Carboni Amber L Cerda Interests & Experiences Why are you interested in serving on a board or commission? I am interested in serving because I believe that its a citizens duty to serve the community. Indian River County Boards & Commissions Submit Date: Nov 22, 2022 Profile Daniel W Lenderman .. First Name Mfke Inrdal : Last Now dee.lenderman@gmail.com Email Address 1048 Cheval Drive $Deet Addreas Sul* or Apt Vero Beach FL 32980 city sift Postal code Mobile: (901) 491-7634 Business: (772) 231-8241 Primary Phone Aflernate Phone Marine Bank & Trust Credit Analyst Employer Job We --------------- Which Boards would you like to apply for? Children's Services Advisory Committee: Submitted How long have you been a resident of Indian River County? 1.5 years Are you a full-time or part-time resident? Select one. P Full Time Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. Marine Bank & Trust - Credit Analyst Overall I have 25 years of banking and financial experience - I was Chief Credit Officer for 8 years for a small community bank in Memphis, TN Please list any licenses you presently hold: Please list any organization of which you are currently a member: Treasure Coast Officials Association Please list any other committees or boards you currently sit on: - 408 Daniel W Lenderman Interests & Experiences Why are you interested in serving on a board or commission? I would like to lend my experience in helping Indian County to be a better place to live, work and visit. Dees Resume.pdf Upload a Resume Do you have a government recognized disability? (Used for State reporting information) r Yes r No 409 Daniel W Lenderman Indian River County Boards & Commissions Submit Date: Dec 29, 2022 Profile Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. I work for United Against Poverty. l had a food truck that served Indian River County for 2 years. Please list any licenses you presently hold: Please list any organization of which you are currently a member: am a previous President of the Democrats of Indian River County. Please list any other committees or boards you currently sit on: Teacher at Youth Guidance Mentoring Academy Parent Engagement Advisory Council Task Force Leaders In Maximizing Access To Education Task Force 410 Wendy D McDaniel Interests & Experiences P Caucasian 411 Wendy D McDaniel C 68-t�' SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: April 4, 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. 2 to Wastewater Treatment Agreement with Indian River Sustainability Center Descriptions and Conditions: On July 13, 2021, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved the Wastewater Treatment Agreement (Agreement) between SWDD and the Indian River Sustainability Center, LLC (IRSC). This agreement is for the design, construction, and operation of a 30,000 gallon per day (GPD) Wastewater Treatment Plant. On December 14, 2021, the SWDD Board approved Amendment No. 1 to the Agreement due to project changes that resulted in a credit of not -to -exceed $240,000 from IRSC to SWDD to be applied after the Wastewater Treatment Plant is commissioned. On June 7, 2022, the SWDD Board approved the Site Access Agreement (SA Agreement) between SWDD and IRSC. The purpose of this agenda item is to obtain SWDD Board approval of the Second Amendment to the Agreement that captures some changes requested by SWDD that adjusts the credit and allows a mechanism for capturing costs for some temporary fixes that SWDD has deployed. Also, this agenda item seeks to obtain SWDD Board approval for the Amended Site Access Agreement to update the boundaries of the project. Analysis: Both SWDD staff and IRSC agree to formalize the following changes in the attached Amendment No. 2 to the Wastewater Treatment Agreement and the First Amended and Restated Site Access Agreement: 1. SWDD staff requested assistance from IRSC for building permits, a natural gas commercial meter concrete pad, and Supervisory Control and Data Acquisition (SCADA) assistance as part of the project. This resulted in an additional cost of $29,768.15, which will be applied against the credit of $240,000, resulting in the remaining credit balance of $210,231.85. The landfill gas system and pipeline to be utilized for the Wastewater Treatment Plant is currently being installed. 2. SWDD staff has also implemented some temporary measures with the storage of leachate utilizing above -ground storage frac tanks with associated pipeline and connections. Therefore, there was some engineering support by IRSC resulting in a cost of $2,640, which, when applied, will bring the credit balance to $207,591.85. We have also included future IRSC engineering, site SWDD Agenda - Amendment No. 2 to Wastewater Treatment Agreement and First Amended Site Access Agreement Page02 SWDD Item support, and travel on a daily basis to be billed at cost. These costs will be covered under the remaining credit. If costs exceed this credit, then staff will request Board approval at a future meeting. 3. The original Site Access Agreement is being replaced with an updated site access agreement to capture the updated boundaries of the project site. Staff recommends approval of Amendment No. 2 to the Wastewater Treatment Agreement and the First Amended and Restated Site Access Agreement. Funding: There is no funding required for this item. Recommendation: Solid Waste Disposal District (SWDD) staff recommends that the Board: a) Approve the Amendment No. 2 to Wastewater Treatment Services Agreement with Easement Documents between SWDD and Indian River Sustainability Center, LLC; and b) Approve the First Amended and Restated Site Access Agreement with Easement Documents between SWDD and Indian River Sustainability Center, LLC; and c) Authorize the Chairman to sign upon approval of legal sufficiency by the County Attorney. d) Authorize the County Attorney's Office to record the executed Easement. Attachment(s): Amendment No. 2 to Wastewater Treatment Services Agreement First Amended and Restated Site Access Agreement with Easement Documents SWDD Agenda - Amendment No. 2 to Wastewater Treatment Agreement and First Amended Site Access Agreement Page4IG AMENDMENT NO. 2 TO WASTEWATER TREATMENT AGREEMENT This Amendment No. 2 ("Amendment") to Wastewater Treatment Agreement (the "Wastewater Treatment Agreement") is made and entered into this of April 2023 (the "Effective Date") by and between the Indian River County Solid Waste Disposal District, a special dependent district of Indian River County, Florida (the "District") and Indian River Sustainability Center, LLC ("IRSC" or the "Company"). All capitalized terms used herein but not otherwise defined will have the meanings ascribed to them in the Wastewater Treatment Agreement. WHEREAS, on July 13, 2021, the District and IRSC (collectively, the "Parties") entered into the Wastewater Treatment Agreement which governs the interaction, rights and responsibilities of the District and IRSC with respect to designing, furnishing and operating a wastewater treatment plant (collectively, the "Evaporation Plant") to treat landfill leachate from the District's landfill located in Vero Beach FL (the "Landfill"); and WHEREAS, on March 31, 2023, the members of the IRSC have been amended to include solely Heartland Water Technology, Inc. ("Heartland") and Proximo Energy, LLC ("Proximo"). WHEREAS, the Parties now desire to make three (3) changes to the Wastewater Treatment Agreement (collectively, the "Changes") as more fully described in this Amendment (as contemplated in Section 5.2 of the Wastewater Treatment Agreement): WHEREAS, the Changes fall within the following categories: (i) reimbursement for costs and expenses incurred by Heartland on behalf of the District related to certain scope changes (collectively, "Costs Related to Certain Scope Changes'j; (ii) reimbursement for costs and expenses which will be incurred by IRSC due to certain Temporary Fixes (as defined below) which the District now plans to implement (collectively, "Costs Related to Temporary Fixes"); and (iii) certain language relating to a release requested by the District in connection with the approved design of the roll -off boxes (the "Roll -off Box Modification"). NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed between the District and IRSC as follows: I. COSTS RELATED TO CERTAIN SCOPE CHANGES A. Background There are three (3) scope changes included in this Section relating to the following provisions in the Wastewater Treatment Agreement: (a) Under the terms of Section 3.3(c), "The District shall obtain all necessary Permits to allow for installation and operation of the Evaporation Plant at the Evaporation Plant Site including without limitation the Permits that are listed on Appendix D hereof." One such permit required to be secured was a building permit. (b) The Division of Responsibilities that is found in Appendix C Part 2 of the Wastewater Treatment Agreement as amended by the First Amendment (the "DOR") contemplates that the District is responsible for supply and installation of the Landfill Gas (LFG) and Natural Gas supply for thermal energy. (c) The Wastewater Treatment Agreement did not contemplate the need for IRSC to integrate with P491EAIi of 6 a site -wide SCADA system. As to item (a) above, although IRSC had committed to provide technical assistance to the District in securing permits, the District representatives asked IRSC to take on more responsibility to secure the building permit than originally contemplated. Specifically, the District asked IRSC to take the lead to complete the work necessary to secure the Building Permit on its behalf as soon as possible. As a result, IRSC devoted unexpected internal engineering time and incurred costs from outside consultants (e.g., Carlson) in order to meet the District's needs in this regard. As to item (b) above, the District asked IRSC to take over responsibility for preparing the site, completing the design and pouring the concrete for the natural gas pad foundation on its behalf. As to item (c) above, due to permitting requirements surrounding the Crom tank, the District now needs IRSC to integrate with the District's site wide SCADA system. B. Breakdown of Costs Related to Certain Scope Changes The following is a breakdown of the costs and expenses incurred by IRSC in this regard on behalf of the District and includes both third party costs and internal engineering time: COST TOTAL Permit Related Costs $5,360.46 $21,047.50 NG Pad Costs $1,000.00 $1,000.00 1 $1,512.00 $1,512.00 1 Broadway Belmore Permit fee's related to building permit tasks CEC engineering hours related to building permit tasks Broadway Engineering Belmore Concrete Construction $251.00 $251.00 1 CEC CEC 10% markup on Belmore and Broadway SCADA Integration $477.19 $477.19 1 HWT HWT electrical hardware e a re for fiber conversion $120.00 $120.00 1 Dahlen Update prints due to SCADA change The total value of Costs Related to Certain Scope Changes as described above is $29,768.15 (the "Scope Change Amount"). C. Payment Terms In the First Amendment to the Wastewater Treatment Agreement, the District received a credit of $240,000 (the "Credit") related to some scope changes agreed to at the time the First Amendment was executed. IRSC will invoice the District for the Scope Change Amount and then apply it to reduce the Credit. The remaining amount of the Credit after this deduction is $210,231.85 (the "Remaining Credit"). P4A of 6 II. COSTS RELATED TO TEMPORARY FIXES A. Background Section 3.2 of the Wastewater Treatment Agreement and the DOR provide that both during the Start-up Phase and during the Operating Term, the District will be responsible for supplying to the Evaporation Plant: (a) Wastewater for treatment which will be stored in the District Storage Tank; and, (b) landfill gas that needs to be routed into the Evaporation Plant in sufficient quantities and quality for the Company to treat the Wastewater. For reasons outside of IRSC's control, the District informed IRSC that (i) it will not be ready to make the District Storage Tank available to IRSC during the planned Start Up Phase and for some time following COD (the "Tank Issue"); and, (ii) it will not complete the work for the landfill gas transfer system during the Start Up Phase or for some time following COD (the "Gas Line Issue"). As a result, IRSC has worked with the District to develop a plan to complete certain temporary fixes to the Tank Issue and the Gas Line Issue in order not to further delay the Start Up Phase or COD (collectively, the "Temporary Fixes"). These Temporary Fixes will be paid for and implemented by the District in accordance with the Parties' mutually agreed to -plan for the Temporary Fixes; putting them in place will give the District time to complete work as contemplated originally under the Wastewater Treatment Agreement (the "Originally Planned Work"). B. Breakdown of Costs Related to Temporary Fixes Unfortunately, installation by the District of the Temporary Fixes and completion of the Originally Planned Work as contemplated will result in the need for IRSC to devote certain previously unbudgeted engineering time and complete two separate recommissioning exercises (each an "Occurrence" and collectively, the "Additional IRSC Work"). The time spent by IRSC engineers to support the District in development of the Temporary Fixes, and to validate and confirm the workability of the proposed Temporary Fixes was extensive. That said, IRSC proposes charging the District for only 22 hours or $2,640 ("Supplemental Engineering Cost"). The following is a cost breakdown for the Additional IRSC Work per Occurrence that will be required each time Evaporation Plant is ready to be recommissioned: Engineering Support ..................................................................................................... $960 per day Site Installation and Support by Heartland Field Crew......................................................$840 per day Travel and Per Diem (Lodging, Food & local transportation) . ................................::....:...Billed at Cost If due to circumstances on the ground, additional time is needed for IRSC to complete the required work of any Occurrence beyond that described above, IRSC will change the District on a T&M basis at the rates listed below: _. Service Manager: $150 per hour Engineering: $120 per hour Service Technician: $105 per hour Travel and Per Diem (Lodging, Food & local transportation): Billed at Cost During the period while IRSC is operating the Evaporation Plant with the Temporary Fixes in place, any rights of the District (under the Wastewater Treatment Agreement or otherwise) to penalize IRSC for failure P443 of 6 to meet its contractual performance requirements or claim a Company Event of Default will be suspended; such rights will be reinstated once the Originally Planned Work is fully completed by the District and the Evaporation Plant has been fully and finally re -commissioned. C. Payment Terms IRSC will invoice the District for Supplement Engineering Cost promptly after execution and approval by the District of this Second Amendment. IRSC will invoice the District for Additional IRSC Work relating to the Tank Issue promptly following completion of the portion of the Additional IRSC Work relating to the Tank Issue. IRSC will invoice the District for the portion of the Additional IRSC Work relating to the Gas Line Issue promptly following completion of the portion of the Additional IRSC Work relating to the Gas Line Issue. Each amount invoiced will be applied to the Remaining Credit until it is exhausted, after which any amounts remaining due and payable by the District for Costs Related to Temporary Fixes will be due and payable within thirty (30) days of receiving the applicable invoice. III. ROLL -OFF BOX MODIFICATION A. Background The design basis for IRSC's Evaporation Plant being built by IRSC to treat the District's leachate contemplated the installation of metal stands to hold the roll -off boxes where residual will be collected following leachate processing. Under the Wastewater Treatment Agreement, the District is the party who is solely responsible for disposal of all residual material collected in the roll -off boxes. The District plans to have that activity performed by its subcontractor, Republic Services ("Republic") once the Evaporation Plant is operational. Republic has asked the District for some contractual protection in the event that it damages the roll of boxes or the stand while removing residual. Since IRSC has no direct legal relationship with Republic, IRSC has proposed that the District and IRSC amend the Wastewater Services Agreement to address this concern. B. Modifications to the Wastewater Treatment Agreement to Address Roll Off Box Issue 1. Section 3.2 of the Wastewater Treatment Agreement is hereby amended to add the following as a new subsection (f) as follows: "(f) The Company will work with the District and its vendor Republic Services ("Republic") to develop standard operating procedures for Republic to use when removing residual from the Evaporation Plant ("Residual Removal SOPS'") and a process to ensure that personnel charged with removing residual from the Plant have been properly trained and certified by IRSC ("Certified Operators"). IRSC has already modified certain aspects on the Evaporation Plant to reduce the risk that the roll off boxes or stands will be damaged in the ordinary course of business (e.g., adding a concrete barrier in front of the stands holding the roll -off boxes)." 2. Section 7.2 of the Wastewater Treatment Agreement is hereby amended to add the following P494of6 as a new subsection (c) as follows: "(c) Claimable Damages for Certain Roll Off Box Issues. (i) Except as otherwise provided in this Section 7.2(c), the Company hereby agrees to release the District from liability for the cost of repairing or replacing the stands or the roll -off boxes in the event the stands or roll -off boxes themselves are damaged by the District or Republic (or other Certified Operator) while residual is being loaded or offloaded from the roll -off boxes ("Claimable Damages"). (ii) A given damage will only be deemed to be a Claimable Damage if the cause of such damage is not due to Republic or the District's negligence, willful misconduct, use of personnel who are not Certified Operators or failure to follow the Residual Removal SOPS. This release will mean that if any such Claimable Damages occur, the Company will forgo its rights hereunder to seek recourse or reimbursement, directly or indirectly, from the District for the cost of such repair or replacement of the roll off boxes or stands. (iii) Any other claims that the Company may have that relate to damages that don't constitute Claimable Damages (e.g., the cost of cleaning up a leachate spill that occurred as a result of such damage to the roll -off -boxes or stands) will continue to be governed by the terms of this Agreement. (iv) Notwithstanding anything to the contrary contained herein, nothing in this letter is intended to modify any of the obligations of the parties under the Agreement or release the District or Republic in the event any of their actions or omissions causes damage to any other property, processes or persons or prevents the Company from timely performance of its obligations under the Agreement." The rest of this page is left intentionally blank. This Amendment is effective on the date first written above. Except as expressly modified by this Amendment, all other terms of the Wastewater Treatment Agreement remain in full force and effect. ATTEST: Jeffrey R. Smith, Clerk By: Deputy Clerk APPROVED: By: Michael C. Zito Interim County Administrator APPROVED AS TO LEGAL FORM AND SUFFICIENCY: INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT By: Joseph H. Earman, Chairman District Approved: [SIGNATURES CONTINUED ON FOLLOWING PAGES] By: Dylan Reingold County Attorney INDIAN RIVER SUSTAINABILITY CENTER, LLC WITNESSES: By: Heartland Water Technology, Inc., its Managing Member Name: Susan C. Portin Title: EVP, Business and Legal Affairs Date: APPROVED: By: Name: Alain Castro Title: Managing Partner, Proximo Energy Date: Prepared by and after recording return to: STATE OF FLORIDA ,K/111IN&WOa1013/_1►M9\VI X1:7 THIS FIRST AMENDED AND RESTATED SITE ACCESS AGREEMENT ("Access Agreement") is made effective as of the day of '2023 (the "Effective Date"), by and between INDIAN RIVER SUSTAINABILITY CENTER, LLC ("Operator"), and INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a special dependent district of Indian River County, Florida ("District"). Operator and District are referred to herein collectively as the "Parties" and individually as a RECITALS WHEREAS, Operator and District entered into that certain Wastewater Treatment Agreement, dated as of July 13, 2021 (as such may be further amended or assigned from time -to -time, collectively, the "Treatment Agreement"), pursuant to which Operator is authorized to install, operate, maintain, repair, replace and remove a 30,000 gallons -per -day wastewater evaporation plant featuring a Type 3 LM -HT® Heartland Concentratofm System (collectively, the "Project") located on certain real property, improvements and appurtenances as more particularly described on Exhibit "A" attached hereto and by reference incorporated herein (the "Premises"). WHEREAS, pursuant to the terms of the Treatment Agreement, the Operator will process (by evaporation) the District's wastewater at the Project for the term of the Treatment Agreement, provided that the District provides sufficient quantities of wastewater and other required inputs as required in the Treatment Agreement, which items include, without limitation, access to the Premises. WHEREAS, District and Operator entered into a Site Access Agreement dated June 7, 2022 (the "Origin�greement"), whereby District granted access to the Premises to Operator in order to allow Operator to perform its duties and obligations under the Treatment Agreement. WHEREAS, the District and Operator desire to replace the Original Agreement with this Access Agreement, in order to update the boundaries of the Premise. 420 NOW, THEREFORE, in consideration of good and valuable considerations, including, without limitation, and where applicable, each Party's respective duties and obligations under the Treatment Agreement, the Parties agree as follows: 1. Grant and Term. From and after the Effective Date, and continuing until the earlier of the termination of the Treatment Agreement but not later than twenty (20) years from the Commercial Operation Date of the Project as defined in the Treatment Agreement, District grants to Operator the right to access and to conduct all activities necessary to perform its obligations and to enjoy any rights it may have under the Treatment Agreement, including but not limited to the operation, maintenance, service, repair and removal of the Project in accordance with the terms and provisions of the Treatment Agreement, including, without limitation, access from 6:OOAM to 6:OOPM daily and off -hours with adherence to the District's site access protocols. 2. Consideration. In consideration of the right to access and use the Premises, Operator shall pay to the District the sum of $1.00. 3. Indemnification. In addition to any other obligations that Operator has under the Treatment Agreement, Operator hereby agrees to protect, indemnify, defend and hold harmless District, along with its employees, tenants, invitees, contractors, lenders and agents from any and all claims, losses, damages, expenses, liabilities, demands and causes of action arising from, caused by, related to or involving (i) the entry onto or use of the Premises by Operator, or by the Operator's contractors, agents and/or consultants ("Operator's Consultants"), including, but not limited to, performance of construction or maintenance work relating to the Project, or (ii) any acts, omissions or negligence of Operator or Operator's Consultants. 4. No Modification. Nothing herein shall be deemed to modify or amend the terms and provisions of the Treatment Agreement or limit any party's duties, obligations, rights and interests thereunder. 5. Assignment. The District shall not assign any of its rights or obligations hereunder without the prior written consent of the Operator. The Operator may assign (including any collateral assignment) any of its rights and obligations hereunder to any lender providing financing for the benefit of the Operator. 6. Severability. If any provision of this Access Agreement is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Access Agreement shall not be affected or impaired thereby and (b) the parties shall endeavor in good faith negotiations to replace the illegal, invalid or unenforceable provision with valid provisions the economic effect of which comes as close as possible to that of the illegal, invalid or unenforceable provision. The invalidity of a provision of this Access Agreement in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 7. Counterparts. This Access Agreement may be executed by the Parties and transmitted electronically or by facsimile in as many counterparts as the Parties may 2 421 deem necessary and convenient, and all such counterparts taken together shall constitute but one and the same instrument. 8. Entire Agreement. This Access Agreement contains the entire understanding and agreement of the Parties with respect to its subject matter, and supersede any prior understandings or agreements, whether written, oral or otherwise. 9. Governing Law. This Access Agreement shall be governed by the laws of the State of Florida, without regard to the conflicts of law principles that would result in the application of any law other than the law of the State of Florida. THE PARTIES HEREBY IRREVOCABLY SUBMIT TO THE NONEXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT IN FLORIDA WITH RESPECT TO ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS ACCESS AGREEMENT. EACH PARTY HERETO IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING RELATING TO A DISPUTE AND FOR ANY COUNTERCLAIM WITH RESPECT THERETO. [SEPARATE SIGNATURE PAGES ATTACHED] 3 422 IN WITNESS WHEREOF, the Parties have caused this instrument to be executed as of the day and year first above written. ATTEST: Jeffrey R. Smith, Clerk DISTRICT By: Deputy Clerk APPROVED: By: Michael C. Zito Interim County Administrator APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Un INDIAN RIVER COUNTY SOLID WASTE DISPOSAL Joseph H. Earman, Chairman District Approved: By: Dylan Reingold County Attorney INDIAN RIVER SUSTAINABILITY CENTER,LLC WITNESSES: By: Heartland Water Technology, Inc., its Managing Member Name: Susan C. Portin Title: EVP, Business and Legal Affairs Date: APPROVED: By: Name: Alain Castro Title: Managing Partner, Proximo Energy Date: 4 423 Exhibit "A" The "Premises" 424