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HomeMy WebLinkAbout04/04/202371 �iORty 1, COUNTY COMMISSIONERS Joseph H. Earman, District 3, Chairman Susan Adams, District 1, Vice Chairman Joseph Flescher, District 2 Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, APRIL 4, 2023 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Michael C. Zito, Interim County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.11. INVOCATION Pastor Joe Moore, Rivers of Living Water RHEMA Word Ministries 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS S.A. Presentation of Proclamation Honoring Phillip J. Matson on his Retirement from the Indian River County Board of County Commissioners Department of Community Development Attachments: Proclamation S.B. Presentation of Proclamation - Honoring Kimberly Emmons on her Retirement from the Indian River County Sheriffs Office Attachments: Proclamation April 4, 2023 Page 1 of 5 5.C. Presentation of Proclamation Recognizing National Public Safety Telecommunications Week 5.D. Attachments: Proclamation Presentation of Proclamation for April is Water Conservation Month Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Special Call Meeting of March 3, 2023 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Florida Public Service Commission Order PSC -2023 -0110 -PCO -EI approving Florida Power & Light petition for recovery of incremental storm restoration costs for Hurricanes Ian and Nicole and approving consolidated interim storm restoration recovery surcharge, is available for review in the Office of the Clerk to the Board. 7.B. District 4 Appointment to Environmental Lands Acquisition Panel (ELAP) Attachments: Commissioner's Memorandum O'Bryan Bio 7.C. Indian River County Venue Event Calendar Attachments: Event Calendar 7.D. State Housing Initiatives Partnership (SHIP) Program Loans and SHARP (American Rescue Plan) Grants Approved on January 24, 2023, by Local Housing Assistance Loan Review Committee Attachments: Commissioner's Memorandum 8. CONSENT AGENDA 8.A. The Moorings Club, Inc. for Hawks Nest Developer's Agreement Attachments: Staff Report Developers Agreement 8.B. Final Pay to All Webb's Enterprises, Inc. Attachments: Staff Report All Webbs Enterprises Final Pay App 8.C. Interlocal Agreement Between Indian River County and Town of Orchid for Beach Access for Dune Restoration Attachments: Staff Report Interlocal Agreement April 4, 2023 Page 2 of 5 8.D. Release of Easement for Drainage and Satisfaction of Developer's Agreement for Grace Baptist Church of Vero Beach Attachments: Staff Report Release of Easement for Drainage 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.11.1. Request to Speak from Paul Westcott re: Disposition of Opioid Settlement Proceeds Attachments: Request to Speak Westcott 10.B.2. Request to Speak from Bill & Ardra Rigby of West Wabasso Progressive Civic League re: Shared Usage of Building Attachments: Public Discussion Request B. Rigby C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Consideration of Marotech USA's Request for a Local Jobs Grant Attachments: Staff Report Marotech Draft Jobs Grant Agreement B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works 12.G.1. Revised Outline for Indian River County's Lagoon Management Plan Attachments: Staff Report Revised IRL Management Plan Outline H. Utilities Services April 4, 2023 Page 3 of 5 12.11.1. Work Order No. 9 to Atkins - North County Inline Pump Station Evaluation Attachments: Staff Report Work Order No 9 with Atkins 13. COUNTY ATTORNEY MATTERS 13.A. Opioid Settlement Proceeds Attachments: Staff Report Memorandum of Understanding Proposal - Opioid 13.B. Donation of County Property to the Florida Department of Transportation to be Used as Right -of -Way for the County Road 510 Improvement Project Attachments: Staff Report Color Map Depicting Parcel County Quit Claim Deed Resolution 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. Solid Waste Disposal District Meeting Minutes of January 31, 2023 15.B.2. Solid Waste Disposal District Meeting Minutes of February 7, 2023 15.B.3. Solid Waste Assessment and Tipping Fee Rate Study Attachments: Staff Report KCI Technical Memorandum - Rate Study 2022 15.B.4. Approval of Engineering Consulting Services Agreement for IRC Landfill and Work Order No. 1 to Geosyntec for Segment 3, Cell 3 Engineering Services Attachments: Staff Report Agreement Geosyntec Work Order No 1 April 4, 2023 Page 4 of 5 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 5: 00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. April 4, 2023 Page 5 of 5 PROCIAMATIO'Wiv HONORING PHILLIP J. MATSON ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF COMMUNITY DEVELOPMENT -Whereas, Phillip J. Matson retires from the Indian River County Department of Community Development as of April 12, 2023; and 'Whereas, Phil began his career with Indian River County on August 20, 2001 as Assistant Staff Director of the Metropolitan Planning Organization (MPO), was promoted to MPO Staff Director on July 30, 2004, and was promoted to Community Development Director on January 31, 2020; and -Whereas, shortly after becoming Community Development Director, Phil successfully guided the Community Development Department through the COVID-19 Pandemic while maintaining the Department's planning, permitting, and inspection activities and instituting new procedures such as electronic permitting and managing the distribution of emergency CARES Act funds which provided $2,139,587 to 300 Indian River County businesses and $2,342,697 in mortgage and rental assistance to 500 families; and —Whereas, the MPO's Transportation Improvement Program (TIP) increased from $81 million in 2002 to $400 million in 2022, and during those years, the TIP has included the widening of SR 60, US 1, I-95, CR 510, CR 512, 66th Av., and Oslo Road along with the construction of the new Oslo Road interchange; and ^Whereas, Phil's multimodal transportation planning efforts were instrumental in the construction of the Trans -Florida Central Railroad Trail, including an attractive trail bridge over I-95, and ridership on the GoLine growing from 177,425 passengers in 2001 to 1,204,772 passengers in 2022; and 'Whereas, the MPO was recognized as the Outstanding Small/Mid-Sized MPO in 2015 by the Association of Metropolitan Planning Organizations, headquartered in Washington, DC; and -Whereas, many consider Phil's presentations at board and committee meetings to be the most informative and entertaining Powerpoints presented in the history of Indian River County, showcasing skills which will be useful in his future career as a stand-up comedian; and —Whereas, Phil has served this County and the Public with utmost integrity, competence, and success, and has gained the respect and admiration of all of his colleagues, co-workers, community leaders, organizations, and agencies within the County and throughout the state; and Whereas, Phil's legacy is one of bettering the community, and his efforts will benefit the County and its residents and visitors for years to come. Now, Therefore, be it Proclaimed by the Board of County Commissioners of In4an River County, Florida, that the Board applauds Phil Matson's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last twenty-one years; and Be It Further Proclaimed that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 4'h day of April, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Proclamation Honoring Kimberly Emmons on her Retirement from the Indian River County Sheriff's Office 'Whereas, Kimberly Emmons is retiring from the Indian River County Sheriff's Office, effective April 1, 2023; and -Whereas, Kimberly graduated Vero Beach High School in 1982, began her journey at the Indian River County Sheriff's Office on February 1, 1989, and served the Sheriff's Office with distinction for thirty-four years as Public Safety Dispatcher; and -Whereas, Kimberly received many acknowledgements and commendations for her efforts, including Grand Cordon, Honorable Service, Dispatcher of the Quarter, and County Dispatcher of the Year; and -Whereas, Kimberly worked diligently under five sheriffs, and served the citizens of Indian River County and the State of Florida; and -Whereas, Kimberly's remarkable dedication to her profession has earned her the appreciation of Sheriff Flowers, and all who have had the honor of working with her; and -Whereas, Kimberly has been active in the community as 4H Leader, and secretary for the IRC airboat club. Wow, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that the Board applauds the contributions Kimberly Emmons has made to the citizens of Indian River County during her highly successful law enforcement career, and wishes her a happy, and prosperous retirement. Adopted this 4th 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 Proclamation RECOGNIZING NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK -Whereas, emergencies that require police, fire, or emergency medical services can occur at any time, and when they occur, the prompt response of police officers, firefighters, and paramedics is critical to the protection of life and preservation of property; and -Whereas, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Indian River County Sheriff's Office Dispatch Center; and -Whereas, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services, exhibiting compassion, understanding, and professionalism during the performance of their duties; and ^W ereas, Dispatchers serve as a vital link for our police officers and firefighters by monitoring their activities; and -Whereas, Indian River County Sheriff's Office Public Safety Dispatchers addressed 167,858 calls for service for Law Enforcement and 35,643 calls for Fire Rescue in 2022, as well as answered 68,831 9-1-1 calls and 101,941 administrative calls; and -Whereas, Public Safety Dispatchers of the Indian River County Sheriff's Office, as knowledgeable and highly trained individuals who work closely with police, fire, and medical personnel, have contributed substantially to the apprehension of criminals, suppression of crime, and treatment of patients. Notiv, therefore, be it proclaimed by the Board of County Commissioners of Indian River County, FCorida, that the week of April 9 through April 15, 2023, be designated as National Public Safety Telecommunications Week in Indian River County, to honor the women and men whose diligence and professionalism keep our county and citizens safe. Adopted this 4th 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 3 PROCLAMATION DESIGNATING APRIL 1 THROUGH APRIL 30, 2023, AS WATER CONSERVATION MONTH IN INDIAN RIVER COUNTY WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, The State of Florida, Water Management Districts and Indian River County are working together to increase awareness about the importance of water conservation; and WHEREAS, the State of Florida has designated April, typically a dry month when water demands are most at their peak, Florida's Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and WHEREAS, Indian River County has always encouraged and supported water conservation, through various educational programs; and WHEREAS, every business, industry, school and citizen can make a difference when it comes to minimizing their water usage; and WHEREAS, every business, industry, school and citizen can help by doing their part to conserve water; thereby, promoting a healthy economy and sustainable community; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, that the month of April 2023, be designated as WATER CONSERVATION MONTH in Indian River County, and all citizens are encouraged to use this occasion to increase their awareness of the importance of water conservation and the need to use water more efficiently. Adopted this 4th 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 El Jacqueline Rizzo From: Commission Clerk<CommissionClerk@psc.state.fl.us> Sent: Thursday, March 23, 2023 12:51 PM Subject: [External] FPSC E - service of Document NO. 02374-2023 in Docket 20230017 The document described below has been filed with the Florida Public Service Commission and issued by the Office of Commission Clerk. You are being provided this information electronically, because you are a party of record or an interested person in this docket. NOTICE: E-mail replies from this address are not monitored or read Should you have any difficulty accessing this document, please forward this e-mail to Clerk@psc.statefl.us, explaining the problem and a Deputy Clerk will assist you. Please do not alter the subject line, as it is used for processing. DOCUMENT I DESCRIPTION NO. Order PSC -2023 -0110 -PCO -EI approving FPL's petition for recovery of incrementalstorm restoration costs for Hurricane Ian and Nicole and approving consolidated interim storm 02374-2023 restoration recovery surcharge; docket to remain open pending final reconciliation of actual recoverable storm costs with the amount collected pursuant to the consolidated interim storm restoration recovery charge, and the calculation of a refund or additional charge if warranted. -Warning- This email was sent to you by someone outside of the C'lerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be Dandled with. extreme caution. i --Warning-- 1 4-1 6a /e 1,6 FILED 3/23/2023 DOCUMENT NO. 02374-2023 ,COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for limited proceeding for DOCKET NO. 20230017 -El recovery of incremental storm restoration costs ORDER NO. PSC -2023 -0110 -PCO -EI related to Hurricanes Ian and Nicole, by ISSUED: March 23, 2023 Florida Power & Light Company. I The following Commissioners participated in the disposition of this matter: ANDREW GILES FAY, Chairman ART GRAHAM GARY F. CLARK MIKE LA ROSA GABRIELLA PASSIDOMO IAN AND NICOLE AND APPROVING CONSOLIDATED INTERIM STORM RESTORATION RECOVERY SURCHARGE BY THE COMMISSION: Background On January 23, 2023, Florida Power & Light Company (FPL or Company) filed a petition for a limited proceeding seeking authority to implement an interim storm. restoration recovery charge to recover $1.3 billion for the incremental restoration costs related to Hurricanes Ian and Nicole and to replenish the storm reserve. This amount includes $18.8 million in interest. FPL has also presented an alternate storm charge calculation in its petition. This alternate calculation combines the recovery of incremental storm costs associated with Hurricanes Ian and Nicole with the remaining amounts to be collected for Hurricanes Michael, Sally, and Zeta, which we previously approved for recovery by Gulf Power Company (GPC or FPL's Northwest Florida).' This alternate calculation estimates a total of $1.5 billion for incremental restoration costs related to Hurricanes Michael, Sally,' Zota, Ian, and Nicole and to replenish the storm. reserve. This amount includes $21.6 million in interest. 'Order No. PSC -2019 -0221 -PCO -El, issued June 3, 2019, in Docket No. 2'1190038 -EI, .In re: Petition for limited proceeding for recovery of incremental storm restoration costs related to Hurricane Michael, by Gulf Power Company; and Order No. PSC -2022-0406 FOF-EI, issued November 21, 2022, in .Docket No. 20200041 -EI, In re: Petition for limited preceeding for recovery of incremental storm restoration costs related to Hurricane Wally, by Gulf Power Company. ORDER NO. PSC -2023 -0110 -PCO -EI DOCKET NO. 20230017 -El PAGE 2 FPL filed its petition pursuant to the provisions of the 2021 Settlement Agreement (2021 Settlement), which we approved in the Company's most recent rate case? Pursuant to the 2021 Settlement, the Company can recover storm costs on an interim basis beginning 60 days following the filing of a petition for recovery. FPL has proposed interim storm restoration charges applicable to all rate classes over a 12 -month recovery period, effective with the first billing cycle of April 2023, subject to a final true -up. We have jurisdiction over this matter pursuant to Sections 366.04, 366.05, 366.06, and 366.076, Florida Statutes. Decision FPL filed a petition for a limited proceeding seeking authority to implement an interim storm restoration recovery charge to recover an estimated total of $1.3 billion for incremental restoration costs related to Hurricanes Ian and Nicole and to replenish the storm reserve. In its petition, FPL requested to replenish the storm reserve to the pre -storm level of $219.9 million. The petition was filed pursuant to the provisions of the 2021 Settlement we approved in Order No. PSC -2021 -0446 -S -EI. Storm restoration costs for Ian and Nicole were incurred during the term of the 2021 Settlement. Pursuant to Paragraph 10 of the 2021 Settlement, FPL can begin recovery of storm costs 60 days following the filing of a petition for recovery. FPL is seeking approval of interim storm cost recovery surcharges associated with Hurricanes Ian and Nicole as shown in proposed tariff sheet No. 8.030.7 (Appendix F to the petition). The surcharges would be applicable to all rate classes and customers served by FPL, including customers previously served by GPC. FPL also prepared an alternate storm charge calculation seeking authority to implement an interim storm restoration recovery charge to recover an estimated total of $I.5 billion. This alternate calculation combines the incremental restoration costs related to .Hurricanes Ian and Nicole with the remaining amounts to be collected for Hurricanes Michael, Sally, and Zeta, which we previously approved for recovery by GPC, 3 and to replenish the storm reserve. Current bills for FPL's Northwest Florida customers include surcharges for Hurricanes Michael and Sally, which equate to $8 and $3 on the residential 1,000 kilowatt-hour (kWh) bill, respectively. The Hurricane Michael surcharge went into effect in July 2419 and was approved to terminate in October 2023. Once the Hurricane Michael surcharge terminates, the $3/1,000 kWh residential Hurricane Sally surcharge will increase to $10/1,000 kWh. Once recovery of Hurricane Sally is complete in October 2024, the recovery of Hurricane Zeta ($9:34/1,000 kWh) will occur in the months of November and December 2024. These hurricanes impacted GPC's service territory prior to the merger of FPL and GPC. Tariff sheet Nos. 8.030.4, 8.030.5, and 8.030.6 show the currently approved surcharges for Michael, Sally, and Zeta, applicable to FPL's 20rder No. PSC -2021 -0446 -S -EI, issued December 2, 2021, in Docket No. 20210015-E1, In re: Petition for rate increase by Florida Power & Light Company. 'Order Nos. PSC -2019 -0221 -PCO -EI; and PSC-2022-0406-FOF-EI. 4 113 i ORDER NO. PSC -2023 -0110 -PCO -EI DOCKET NO. 20230017 -El PAGE 3 i Northwest Florida customers. FPL indicated in its calculations in Appendix A of the petition that the storm costs associated with the Hurricane Michael surcharge are expected to be fully recovered by March 31, 2023. In its petition, FPL asserted that it incurred total retail recoverable costs of approximately $1.5 billion as a result of Hurricanes Michael, Sally, Zeta, Ian, and Nicole. The Company further asserted that this amount was calculated in accordance with the Incremental Cost and Capitalization Approach methodology prescribed in Rule 25-6.0143, Florida Administrative Code. The current storm surcharges for Sally and Zeta applicable to FPL's Northwest Florida customers were established in 2022 by Final Order following a disputed fact hearing.4 Testimony filed by FPL in 2021 in its rate case indicated that FPL's Northwest Florida legacys storm restoration costs and surcharges associated with Hurricanes Michael and Sally were to remain applicable to only those customers.' Our final orders are generally afforded administrative finality and are not subject to subsequent modification.' The issue of maintaining the current surcharge in place for FPL's Northwest Florida customers only until full recovery was not specifically litigated or a material issue in either the prior storm recovery or FPL rate case docket. We are not persuaded that finality is attached to this issue. Moreover, administrative finality does not apply where there has been a substantial change in circumstances or a demonstrated public interest.8 Both are present in this docket and, accordingly, we, have the legal authority to unify the charges.9 Hurricanes Ian and Nicole affected only FPL Peninsular customers, i.e., customers served by FPL prior to the merger with GPC. The proposal to apply the surcharge for this storm recovery to all current FPL customers, including FPL's Northwest Florida customers who were not impacted, is a substantial change in circumstances from the prior approach of segregating costs based on impacts. Spreading costs evenly across customers for all storms no. matter the location of impacts is the appropriate reaction to these changed circumstgnces.i0 The alternate storm charge calculations project a 12 -month recovery period (April 2023 through March 2024), subject to a final true -up. Under the currently -approved recovery schedule, recovery of Hurricanes Sally and Zeta costs are projected to be complete in December 2024. In 'Order No. PSC-2022-0406-FOF-EI, issued on November 21, 2022, in Docket Nos. 20200241-E1, 20210178 -EI, and 20210179 -EI, in In re: Petition for limited proceeding for recovery of incremental storm restoration costs related to Hurricane Sally, In re: Petition for evaluation of Hurricane. Isaias and Tropical Storm Eta storm costs, by Florida Power & Light Company, and In re: Petition for limited proceeding for recovery of incremental storm restoration costs and associated true -up process related to Hurricane Zeta, by Gulf Power Company. SFPL and GPC were separate ratemaking entities until the end of 2021. 6Document No. 02776-2021 in Docket No. 2021001 J -EI, Direct Testimony of Tiffany Cohen, p, 30 Ins. 9-15. 'Peoples Gas System, Inc. v. Mason, 187 So. 2d 335, 339 (Fla. 1966) ("orders of administrative agencies must eventually pass out of the agency's control and become final and no longer subject to modification"). $Delray Medical Center, Inc. v Agency for Health Care Admin., 5 So. 3d 26, 29 (Fla. 40' DCA 2009). 9In response to a data request from staff, FPL concurred that there is no legal prohibition on our imposing a uniform storm surcharge on all current FPL customers. Document No. 01037-2023. 10See Mason, 187 So. 2d at 339 ("actions of administrative agencies are usually concerned with deciding issues according to a public interest that often changes with shifting circumstances and passage of time"). ORDER NO. PSC -2023 -0110 -PCO -EI DOCKET NO. 20230017 -El PAGE 4 response to staff's data request, FPL stated that this accelerated recovery of storm costs would "benefit FPL and its general body of customers by reducing the amount of interest recovered from customers and regulatory lag, while also mitigating the potential for overlapping storm recovery charges in the future."11 As to whether the alternative is preferable, FPL stated in its response that it "views both as being potentially appropriate options for storm cost recovery."12 FPL explained that it has allocated the storm cost recovery amount to the rate classes consistent with the rate design approved in the 2021 Settlement.13 We havee reviewed the storm cost recovery allocation and calculation of rates, for FPL's proposal and the alternate calculations, and find that FPL has calculated rates in accordance with the 2021 Settlement, using the most recent load research study and projected billing determinants for the recovery period. The storm cost recovery surcharge shall be included in the non -fuel energy charge on customer bills, which FPL states is consistent with its standard practice. For residential customers, the alternate surcharge will be 1.530 cents per kWh, which would equate to $15.30 on a 1,000 kWh residential bill. Under FPL's proposed tariff, for residential customers, the surcharge would be 1.384 cents per kWh, which would equate to $13.84 on a 1,000 kWh residential bill. Under FPL's proposal, FPL's Northwest Florida customers would pay the proposed $13.84/1,000 kWh while continuing to pay the approved Hurricanes Sally and Zeta surcharges. FPL's Northwest Florida customers will have paid for all the Hurricane Michael costs by March 31, 2023. Under the alternate tariff, the FPL Peninsular customers would pay a storm recovery surcharge that is $1.46 ($15.30-$13.84) higher than FPL's proposal on the 1,000 kWh bill for a 12 -month period. However, FPL's Northwest Florida customers would gave monthly between $11 (Hurricanes Michael and Sally surcharges) to $9.34 (Hurricane Zeta surcharge) on the 1,000 kWh bill for a 21 -month period. The savings to FPL Northwest Florida customers, in addition to the reasons discussed above, outweigh the incremental $1.46/1,000 kWh for the FPL Peninsular customers, when comparing the two storm recovery options. For these reasons, we deny FPL's proposed interim storm restoration recovery charge. We approve FPL's alternate storm charge calculation and associated tariff sheet No. 8.030.7 as shown in Attachment A to this Order, effective with the first billing cycle of April 2023. Furthermore, effective with the first billing cycle of April 2023, tariff sheet Nos. 8.030.4, 8.030.5, and 8.030.6 shall be cancelled, as shown in Attachment A hereto. The alternate storm charge calculation avoids significant disparities in surcharges among customers of one, consolidated utility, reduces regulatory lag and interest payments, and mitigates the potential for overlapping storm recovery charges in the future. The approval of an interim storm restoration recovery charge is preliminary in nature and is subject to refund pending further review once the total actual storm restoration costs are 1 'Id. 12 Id. "Order No. PSC -2021 -0446 -S -EI, issued December 2, 2021, in Docket No. 20210015 -EI, In re._.=Petition for rate increase by Florida Power & Light Company. 4�6 ORDER NO. PSC -2023 -0110 -PCO -EI DOCKET NO. 20230017 -El PAGE 5 known. After the actual costs are reviewed for prudence and reasonableness, and are compared to the actual amount recovered through the interim storm restoration recovery charge, a determination will be made whether any over/under recovery has occurred. The disposition of any over/under recovery, and associated interest, will be considered by us at a later date. Based on a review of the information provided by FPL in its petition, we authorize the Company to implement an interim storm restoration recovery charge subject to refund. Once the total actual storm costs are known, FPL shall file documentation of the storm costs for our review and true -up of any excess or shortfall. FPL has requested that all funds collected subject to refund be secured by a corporate undertaking. The criteria for a corporate undertaking include sufficient liquidity, ownership equity, profitability, and interest coverage to guarantee any potential refund. FPL requested a 12 - month collection period from April 2023 through March 2024 for Interim Storm Cost Recovery Charges of $1.5 billion related to Hurricanes Michael, Sally, Zeta, Ian and Nicole. We reviewed FPL's three most recent annual reports filed with us (2021, 2020, and 2019) to determine if the Company can support a corporate undertaking to guarantee the funds collected for recovery of incremental storm restoration costs related to the weather events. FPL's financial information demonstrates the Company has acceptable levels of liquidity, ownership equity, profitability, and interest coverage to support a potential refund of $1.5 billion. Moreover, it is improbable FPL will be required to refund the entire requested amount. We find that FPL has adequate resources to support a corporate undertaking in the amount requested. Based on our analysis, a corporate undertaking of $1.5 billion is acceptable. This brief financial analysis is only appropriate for deciding if the Company can support a corporate undertaking in the amount proposed and was not considered in our evaluation of other issues in this proceeding. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Florida Power & Light Company's petition for recovery of incremental storm restoration costs related to Hurricanes Ian and Nicole is approved. It is further ORDERED that FPL's proposed interim storm restoration recovery charge for Hurricanes Ian and Nicole is denied. It is further ORDERED that FPL's proposed consolidated interim storm restoration charge for Hurricanes Ian, Nicole, Michael, Sally, and Zeta as shown on tariff sheet no. 8.030.7, appended to this Order as Attachment A, is approved, subject to refund, effective with the first billing cycle of April 2023. It is further ORDERED that FPL's tariff sheet Nos. 8.030.4, 8.030.5, and 8.030.6 shall be cancelled effective with the first billing cycle of April 2023. It is further ORDER NO. PSC -2023-01 10 -PCO - DOCKET NO. 2 230017 -EI PAGE ORDERED that once the total actual consolidated stag casts are lmown, the Company shall file documentation of the storm costs for our raw and true up of any excess or shorgaii. It is f other ORDERED that the appropriate secu t to guarantee the funds collected subject to rind is a corporate undertaking. Itis fiarther ORDERED that this docket shall remain open pending final reconciliation of actual recoverable storm c0W with the amount elected pursuant to the consolidated interim storm restoration recover charge, and the calcultW4, of t refund or additional charge if warranted. By ORDER of the Florida Public Service, CbMinission this 23rd day ofMarch, 2023. 2 i40 ,Sh nard Oak Eoul vatt Tall e,.Plorlcdet 23" ' (UO) -413-677e w idapse.coni Coptoo: Aifhed: A cW ument is provided to the parties 0- _ ,Vt,the time of issuance and, ifapplicable, irderesWp' . NOTICE OF FURTHER PRO.MDIN rS OR. JUDICIAL REVIEW-, The Florida Public SeMce, Commission is required by Section `I2 11. Flaids Statutes, to notify parties of any administrative hearing or judicial review oftomthission d is available under Sections 120.57 or 120.68, Florida Statutes, as well -as the procedures aad. time limits that apply. This notice should not be construed to dean all reques s .for on administrative hearing or judicial review vnll be granted or result in (relief sought. Mediation may be available on a case-by-case basis.. ItmediationAtweduat4 it doft not affect substantially interested person's right to a head ORDER NO. PSC -2023 -0110 -PCO -EI DOCKET NO. 20230017 -El PAGE 7 I Any party adversely affected by this order, which is preliminary, procedural or intermediate in nature, may request: (1) reconsideration within 10 days pursuant to Rule 25- l 22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case of a water or wastewater utility. A motion for reconsideration shall be filed with the Office of f Commission Clerk, in the form prescribed by Rule 25-22.0376, Florida Administrative Code. Judicial review of a preliminary, procedural or intermediate ruling or order is available if review j of the final action will not provide an adequate remedy. Such review may be requested from the appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate { Procedure. F l l ORDER NO. PSC -2023 -0110 -PCO -EI DOCKET NO. 20230017 -EI PAGE 8 Attachment A FLORIDA POWER & LIGHT COMPANY Canceled Original Sheet No. 8.030.4 (c-'entifuted Apffl Sheet Ne. 8.9404) IS(?AATf' A T..TA A,1T!';;A;;; CTlIAA,TA7:CT!'YA A T4llT.1'DAf''fl�f[:Al% 11)i)I Tf"'ATT/lT.:'. ltigapplka— R+, ' c U/Sti 1'T`'2t A�T>(a�L K�W�•H RSR -TR 1 0.809 O& QTS�V i 0,991 9.44.1 i.,TT PT. 1, Il�t l ' f•C I !')C"1` i 141 C'7"1 5441`U a 0.347 I"'s 1 PCT 7 C.TI L'�T�T3 Cil"f'i) l T (1 2A 9.234 �ffJ''ClT g1 f11 CT. 1.. CT 1A4Ul i 1.4 1 91, 3 �R Q5; 141 1 112 CT 1 CL Y�g CCT lq) TCC'T` 1!'T`l ,9,24 CC'P 1/l\, i` iCC'4(p) 2A4 Il RFSERVF,D rQRF1TI'UR.E USE (Golt4ffiled 06 Sheet NO. 8,030.41) Issued by: Tlffatiy Cohen, Executive mrector. Hate Dev000tnent & Strategy Effective: d tnu-v 1, 2022 ORDER NO. PSC -2023 -0110 -PCO -EI DOCKET NO. 20230017 -EI PAGE 9 Attachment A Canceled FirstRevicedSheetNo.8.030.5 FLORIDA POWER&LIGHT COMPANY Canceled Original Sheet No. 8.030.5 Issved by: Tiffany Cohen Executive Director, Rate Development & Strateav ORDER NO. PSC -2023 -0110 -PCO -EI DOCKET NO. 20230017 -EI PAGE 10 Attachment A ORDER NO. PSC -2023 -0110 -PCO -EI DOCKET NO. 20230017 -El PAGE 11 (Continued from Sheet No. 8.030.3) Attachment A 2022 CONSOLIDATED INTERIM STORM RF,STORATION RFCO'v F,RY The Consolidated Interim Stonn Restoration Recovery Surcharge is desiened to recover incremental stone related costs incurred by the Company related to Hurricanes Michael, Sally- 7,etL Ian, and Nicole. The factor is applicable to the Energy Charge under FPL's various rate schedules. Rale dule ALL KWH - RS -I, M'R-1 olkWh 1,530 95 LDZ-t 1,414 GSD-I.GSD-IEV,6<sDT-I, 0675 ESLD -1: GSLD-IEV, GSI,I)'1'-I, 0,661 — CS -1, CST -I. F1LT T-2 SDTR.-2 GSLD-2. GSLDT-2. CS -2, CST -2, HLFI'- SDTR-3 GSLD-3, GSLD'I'-3, CS -3, CST -3 0,039 OL -1 l o24 3S S-2 SL -1. PL -1, LT -1, OS I;Il 1.526 SIAM 0.95.5 SI_2 0.711 1.M SST-lr1')- iSSr-lM SST-1(DI),SST-1(D2)-SST-I(1)34, 1.892 L%U- CILC-I(Di 0.:181 -1 til i?.583 CTI.,C- I CCI 0.028 MET p }0 GSCC1-1 Issued by. Tiffany Cohen. Executive Director, Rate Development R Stratepv Effective: 78 April 04, 2023 Informational Item INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 28, 2023 SUBJECT: District 4 Appointment to Environmental Lands Acquisition Panel (ELAP) FROM: Commissioner Deryl Loar, District 4 Informational Item: I hereby appoint Peter D. O'Bryan as the representative from District 4 for the new Environmental Lands Acquisition Panel. Peter holds a degree in Marine Science with a minor in Economics from the University of Miami. Throughout his career with Indian River County Peter had been committed to preserving environmental lands as well as the lagoon, making him a perfect fit for this panel. Attachment: 2. Peter D. O'Bryan Bio 5 Peter D. O'Bryan o Peter O'Bryan is a native-born Floridian who originally moved to the Indian River area in 1984. He lives here with his wife Susan, and has three sons. o Peter received a Bachelor's Degree in Marine Science from the University of Miami, with a Minor in Economics. o Peter has been active in many local organizations, and has been either a member of and/or served on the Board of Directors of the following organizations. o Main Street of Vero Beach o Sebastian River Area Chamber of Commerce o Pelican Island Audubon Society o Environmental Learning Center o The Exchange Club of Vero Beach o Florida Association of Counties o Treasure Coast Regional Planning Council o Treasure Coast Council of Local Governments o Executive Roundtable of Indian River County o Peter was elected to the District 4 County Commission seat in 2006 and was re-elected for three consecutive terms, retiring in November, 2022. o Peter served as the Chairman of the Board of County Commissioners and also served in this role in 2010, 20141 2018. o Peter was awarded the Indian River Chamber of Commerce Carolyn K. Eggert award for Economic Development in 2010 and the Presidential Advocacy Award from the Florida Association of Counties in 2013, 2015 and 2016. A _7L V ER C, oG OR19 Q' Indian River County Venue Event Calendar — April 2023 For more www.ircgov.com FOOD FOR FINES TO BENEFIT THE IRC HUMAN SERVICES FOOD PANTRY April 1-30 @ Library System • 10:00am-5:00pm. FREE ➢ A donation of one non-perishable, unexpired food item will remove $1 from a patron's library account. ➢ For more information call 772-400-6366. EASTER EGG HUNT IN THE WATER April 4 @ Gifford Aquatic Center April 5 @ North County Aquatic Center • 6:30pm. FREE ➢ Swimming pool will be covered in Easter eggs that will float on the water surface for the children to "scoop up". Please remember to bring your swim suits and towels. ➢ For more information call 772-226-1780. FLASHLIGHT EASTER EGG HUNT April 6 @ Dick Bird Park (South County) Regional Park • 8:00pm. FREE ➢ More the 4,000 prefilled eggs. Bring your flashlight and basket. Special appearance by the Easter bunny! ➢ For more information call 772-226-1780. PICKLEBALL FOR TEENS OPEN GYM April 8, 15 & 29 @ iG Center • 5pm-8pm. FREE ➢ Community sponsors are generously underwriting the open gym fee for each participant. Come for a fun night to learn and play pickleball. Equipment provided. ➢ Call 772-226-1780 for more information or go to ircgov.com/ParksandRecreation. 7 PLANT BASED VEGETARIAN COOKING WITH CHEF CATERSON Tuesday, April 11 @ Brackett Library • 6:00pm-7:00pm. FREE ➢ Move beyond rice and beans as we tap into some of the world's heathiest and delicious cuisines to create entrees that will wow your guests. No registration'required. ➢ For more information call 772-400-6366. ADULT BASKETBALL SPRING LEAGUE @ iG Center • Registration closes April 12. Cost $475 per team. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. VERO BEACH GOLDEN GRADS Saturday, April 15 @ IRC Fairgrounds • 10:00am-3:00pm. PRIVATE ➢ Rekindle old friendships and make new friends at this great event that will connect all Vero Beach High School attendees and graduating classes of 50 years or more. ➢ For more information go to vbhsgoldengrads.wixsite.com/golden-grads-picnic. Click on the tab: Info and Contact CONSERVATION LANDS EARTH WEEK PROGRAM April 18-22 ➢ Join us for our Earth Week celebration with a series of environmentally -friendly events that honor and recognize the importance of Earth Day. We start off on April 18th with a presentation describing our Florida Scrub -jay monitoring efforts and program to the BOCC. ➢ For more information call 772-226-1772 or email mstromberg@ircgov.com. PUZZLE AND BOARD GAME SWAP Wednesday, April 19 @ Brackett Library • 4:00pm-7:00pm. FREE ➢ Looking to try a new puzzle or board game? Come visit our swap. ➢ For more information call 772-400-6366. INTRO TO ROBOTICS: ELECTRONICS PART 2 Wednesday, April 19 @ Main Library • 3:30pm-S:00pm. FREE ➢ Join us for our four-part introductory program and step into a world of creativity and innovation. ➢ For more information call 772-400-6308. : CATTLE: PAST, PRESENT AND FUTURE WITH DANA BROWN OF INDIAN RIVER COUNTY CATTLEWOMEN Friday, April 21 @Brackett Library • 2:OOpm-4:OOpm. FREE ➢ Join us for an interactive presentation about history and heritage of cattle and ranching in Indian River County and beyond. ➢ For more information call 772-400-6366. GENEALOGY CLASS -INTERMEDIATE LEVEL Friday, April 21 @ Main Library • 1:OOpm-4:OOpm. FREE ➢ This class will help you research outside the box of the standard databases available. ➢ For more information call 772-400-6330. VERO BEACH HOME SHOW April 22-23 @ IRC Fairgrounds • Saturday 9:OOam-5:OOpm, Sunday 10:OOam-4:OOpm. FREE ➢ Vero Beach's only Home & Remodel Show. Free Admission & Parking. Packed with exhibitors and options for your home improvements. ➢ For more information call 772-492-6105 or go to patriothomeshows.com. CONCEALED CARRY/101 HANDGUN April 23 @ IRC Shooting Range • 9:OOam-2:OOpm. Cost $100 ➢ This course is a complete guide to understanding the basics of firearm ownership, safety, and nomenclature, and how it applies to self-defense. ➢ For more information call 772-226-3096 or go to ircgov.com/ParksandRecreation. SWING WITH DAVE DELUCA Tuesday, April 25 @ Brackett Library • 6:OOpm-7:OOpm. FREE ➢ Join us for a celebration of music of the roaring 20s. Dave DeLuca is an accomplished singer, songwriter, musician and recording engineer who has been writing music and performing for over 40 years. ➢ For more information call 772-400-6366. LIVE MUSIC: AMERICAN TRILOGY Tuesday, April 25 @ North County Library • 2:OOpm-3:OOpm. FREE ➢ Celebrate the music of three men who lived the American Dream, rising from the humble beginnings to become international musical superstars: Neil Diamond, Elvis Presley and Frank Sinatra. ➢ For more information call 772-400-6360. 0 COMMUNITY DRUM CIRCLE WITH TREASURE COAST PERCUSSION Wednesday, April 26 @ Brackett Library • 6:00pm-7:00pm. FREE - ➢ No experience necessary. Alla es welcome. Drums provided or brin g ytwr own: ➢ For more information call 772-400-6366. THE GENEALOGY EXPERIENCE Wednesday, April 26 @ Main Library • 10:30am-12:00pm. FREE ➢ This group will focus on various topics to help you learn about Genealogy. ➢ For more information call 772-400-6330. THERE'S MORE TO THE STORY Wednesday, April 26 @ Main Library • 2:00pm-5:00pm. FREE ➢ All ages are invited to stop in anytime to learn more about all of the free resources available to you at your library. ➢ For more information call 772-400-6308. NATIONAL LIBRARY WEEK OPEN HOUSE Friday, April 28 @ Brackett Library • 10:00 am-12:00pm. FREE ➢ Join us for donuts and coffee and discover the services and resources that Indian River County Library has to offer. ➢ For more information call 772-400-6366. MARINE FLEA MARKET & SEAFOOD FESTIVAL May 6-7 @ IRC Fairgrounds • 9:00am-5:00pm. Cost $10 ➢ New & used boats, Marine bargains galore, fishing & boating seminars and more. ➢ For more information call 954-205-7813 or go to flnauticalfleamarket.com. HOT TUB AND SWIM SPA EXPO May 12-14 @ IRC Fairgrounds • 9:00am-8:00pm. FREE ➢ Come check out the large selection of hot tubs and swim spas from all major brands. ➢ For more information call 954-292-4189 or email kiana@southeastspas.com. 10 *SAVE THE DATE* MOMMY SON DANCE Saturday, May 13 @ iG Center • 6pm-8:30pm. Cost $40 per couple. $10 additional Son ➢ The theme for this year's dance is a "Night Under the Stars". Come dressed in your best attire and prepare to dance the night away! Registration ends Friday, May 5th, 2023. Children ages 3-12 years old are welcome! Registration is limited to 250 couples. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. ADULT OPEN GYM BASKETBALL Mon and Wed @ iG Center • 4pm-8:30pm. Cost $6 Tues and Thurs @ iG Center • 9am-2pm. Cost $6 ➢ Unstructured activity time where the gymnasium is available to adults (18 and over) to practice skills, shoot hoops, and play pick-up games. ➢ Call 772-226-1780 for more information or go to ircgov.com/ParksandRecreation. AQUAFIT Tues, Wed and Thurs @ North County Aquatic Center • 9:30am-10:30am. Cost $4 ➢ Through low impact and high resistance power of the water, participants will improve cardiovascular capabilities, muscle tone, increase balance and improve general health. ➢ Flotation belts and water barbells are available at no charge. ➢ For more information call 772-226-1174 or go to ircgov.com/ParksandRecreation. COLORING & COFFEE Tuesdays @ iG Center • 9am-10am. Cost $1 ➢ Looking for a way to unwind and reduce stress? Join us for a morning of relaxation through coloring. Materials provided. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. GENTLE CHAIR YOGA Tues and Thurs @ iG Center • 12pm-fpm. Cost $5 ➢ Designed to improve flexibility and strengthen muscles while using a chair for support. Walk- ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. 11 HOMESCHOOL PE Tuesdays @ iG Center • 3pm-4pm. Cost $3. Limited spots ➢ A great chance for children between the ages of the 4-10 to exercise and make new friends. ➢ Teaching children valuable life skills i.e. teamwork, fairness, and good sportsmanship. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. IRC STEEL CHALLENGE Last Friday of every month @ IRC Shooting Range • 9am. Cost $21.40 includes standard pistol and rifle ranges. ➢ Allows shooters to test their abilities on steel targets and practice their magazine reloads in the process. No registration required. ➢ For more information call 772-226-3096. MAT PILATES Tues and Thurs @ iG Center • 9:15am-10:15am. Cost $12 ➢ Exercises are structured using special equipment designed to improve strength, flexibility, posture and enhance mental awareness. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. OPEN PLAY PICKLEBALL Mon, Wed and Fri @ iG Center • 9am-12pm and 12:30pm-3:30pm. Cost $3 Saturdays @ iG Center • 9am-12pm. Cost $3 ➢ Pickleball is played in the gymnasium (6 courts) as either singles or doubles with a paddle and a plastic whiffle ball. Please bring your own equipment. ➢ Call 772-226-1780 for more information or go to ircgov.com/ParksandRecreation. PRE-SCHOOL TUMBLING Fridays @ iG Center • 10:15am, fpm and 4pm. Cost $3 ➢ Preschool tumbling is a great start for ages 4-5. Children are taught basic tbrrRbling skills such as forwards/backwards rolls, handstands, and cartwheels. ➢ They will also improve self-confidence, basic skills, strength, flexibility ihd balance. Spaces are limited sign up quickly! ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. .. 12 RIMFIRE CHALLENGE Last Saturday of every month @ IRC Shooting Range • 9am. Cost $12.60 standard range fee ➢ Open to all levels of shooting enthusiasts: It can be for fun, personal improvement or in preparation for a competition. No registration required. ➢ For more information call 772-226-3096. SHINE DANCE WITH CRYSTAL Saturdays @ iG Center • 9:30am-10:30am. Cost $10 ➢ Full body cardio and toning workout based in traditional jazz, ballet and hip-hop. ➢ Get ready to sweat, smile, shimmy and shake your worries away. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. SENIOR WELLNESS PROGRAM WITH SANDY Mon, Wed and Fri @ iG Center • Mondays 9am and 10am. FREE • Wednesdays and Fridays 10am. FREE ➢ Special programming for our 55+ community to have social interaction and light activity. Activities can be adapted to ability levels and interests. Walk-ins welcome. ➢ For more information call 772-226-1780. SENIOR WELLNESS — DANCING TO MUSIC Thursdays @ iG Center • 10:30am—11:30am. FREE ➢ Similar to our regular Senior Wellness Program for 55 + but with fun dancing music to spice it up a notch. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. STRETCH & FLEX Tues and Thurs @ iG Center • 9:30am—10:30am. Cost $5 ➢ Great cardiovascular workout set to music. Helps build endurance and strengthens the heart. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. 13 THURSDAY NIGHT LIGHTS Thursdays @ IRC Shooting Range • 5pm-9pm. Cost $8 per round ➢ We light up the fields for a fun skeet -trap night activity. No registration required. ➢ For more information call 772-226-3096. UP BEAT BOXING Tues and Thurs @ iG Center • 3pm-4pm. FREE ➢ Boxing fitness class geared for ages 55 +. BEAT! Walk-ins welcome. ➢ For more information call 772-226-1780. YOGA LATES Tues and Thurs @ iG Center • 10:30am-11:30am. Cost $5 Held twice a week to get you out, active and UP - ➢ Mix between Yoga and Pilates. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/Parksand Recreation. YOUTH OPEN GYM BASKETBALL Tue and Thurs @ iG Center • 4pm-8:30pm. Cost $2 Saturdays @ iG Center • 1pm-4pm. Cost $2 ➢ Unstructured activity time where the gymnasium is available to adults (17 and under) to practice skills, shoot hoops, and play pick-up games. ➢ Call 772-226-1780 for more information or go to ircgov.com/Parksand Recreation. ZUMBA Thursdays @ iG Center • 6pm-7pm. Cost $10 ➢ Join us for a full body workout that combines all elements of fitness, muscle conditioning, balance and flexibility. The perfect energy booster. ➢ For more information call 772-226-1780 or register online at ircgov.com/Parksand Recreation. 14 7�0 April 4, 2023 Informational Item INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: April 4, 2023 SUBJECT: SHIP & SHARP Grants Approved on March 10, 2023 FROM: Laura Moss Commissioner, District 5 Informational Item: For the Board's information, the following SHIP (State Housing Initiatives Partnership) loans and SHARP (American Rescue Plan) grants were approved on March 10, 2023 by the Local Housing Assistance Loan Review Committee: 1) $74,423.00 to Very Low Income household for purchase assistance. SHIP Purchase Assistance Loan of $50,000.00, SHIP Impact Fee Loan of $4,423.00, and SHARP Grant of $20,000.00. The household includes an employed, single father with two children. The purchase is in connection with the Habitat for Humanity program. 2) $74,032.00 to Very Low Income household for purchase assistance. SHIP Purchase Assistance Loan of $50,000.00, SHIP Impact Fee Loan of $4,032.00, and SHARP Grant of $20,000.00. The household includes an employed husband with a wife and two children. The purchase is in connection with the Habitat for Humanity program. 3) $90,000.00 to Low Income household for major rehabilitation assistance. SHIP Rehabilitation Loan of $60,000.00 and SHARP Grant of $30,000.00. The household includes an employed, single mother with one child. 4) $83,104.00 to Low Income household for major rehabilitation assistance. SHIP Rehabilitation Loan of $43,104.00, SHARP Grant of $30,000.00, and SHARP Grant (Essential Personnel) of $10,000.00. The household includes an employed, single mother with three children. Qualified as Essential Personnel for employment as a Public Librarian Associate through Covid. 5) $64,423.00 to Low Income household for purchase assistance. SHIP Purchase Assistance Loan of $35,000.00, SHIP Impact Fee Loan of $4,423.00, SHARP Grant of $15,000.00, and SHARP Grant (Essential Personnel) of $10,000.00. The household includes an employed, single mother with one child. Qualified as Essential Personnel for employment by IRC Fire Rescue. The purchase is in connection with the Habitat for Humanity program. 15 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: March 9, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: The Moorings Club, Inc. for Hawks Nest Developer's Agreement Background: Indian River County Department of Utility Services (IRCDUS) would like to enter into an agreement with the developer The Moorings Club, Inc. (The Moorings) for Hawks Nest for the cost sharing of upsizing the off-site 8" diameter water main to a 12" diameter water main. IRCDUS directed the developer to upsize to a 12" diameter water main along Old Dixie Highway, approximately 487 linear feet from approximately 5920 Old Dixie Highway to 6001 Old Dixie Highway. The total cost of the project is outlined in the Utility Cost Estimate attached to the developer's agreement, which totals $52,508.00. The developer shall cover two-thirds of the total estimated cost of the project with Indian River County covering the remaining third of the total estimated cost. The developer's share is based on the cost that they would have incurred had they only been required to connect their development. Funding: Funding in the amount of $17,502.67 for the project will be accounted for in the Impact Fee/WIP/Moorings Club Hawks Nest WM Ext account, number 472-169000-23506. Funds for this project are derived from Utilities capital funding. Utilities capital funding is generated from impact fees. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities. Description Account Number Amount Impact Fee/WIP/Mooring Club Hawks Nest 472-169000-23506 $17,502.67 WM Ext Recommendation: Staff recommends that the Board of County Commissioners approve The Moorings Club Inc., for Hawks Nest Developer's Agreement with the County, and authorize the Chairman to execute the agreement to reimburse The Moorings Club Inc. in the amount of $17,502.67 for the work performed in the agreement. Attachment: Page 1Q 1. Developers Agreement between The Moorings Club, Inc. and IRC Page 2 of 2 17 AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE MOORINGS CLUB, INC. FOR HAWKS NEST FOR THE CONSTRUCTION OF OFF-SITE UTILITIES THIS AGREEMENT by and between INDIAN RIVERCOUNTY, a political subdivision Qf the State Of Florida, the address of which is 180127th Street,'Vlero Beach, Florida 32960 (hereinafter. the "COUNTY") and The Moorings Club, Inc. a Florida Notfbr Profit Corporation, the address of which b 1d Harbour Drive, Vero Beach, FL 32963 (hereinafter the DEVELOPER) is effective upon execution by the two parties. WHEREAS, the DEVELOPER, is constructing water facilities for the Hawks Nest Goff Course located at 6005 Old Dixie Highway, Vero Beach, 1114- 1967, and more specifically described in Exhibit "A"; and WHEREAS, the COUNTY, pursuant to Section 20111, of the Code, agrees to reimburse the DEVELOPER, as provided herein, for the cost of overshft -site utilities, NOW, THEREFORE, for and inlconsideratlon of the mutual promises set forth herein and other pod and valuable amideration, the COUNTY and DEVELOPER agree as follows: #�'.. FF-�1TE LMLiflES The DEVELOPER shall construct the necessary ` utilities described herein as directed by the Wim River County Utilities Department. Ttte COUNTY shall reimburse the DEVELOPER for insWIng off-site utilities as outlined below: A. 12 -inch Diameter Water Main along Old Dixie Highway approximately 487 linear feet from approximately 5920 Old Dixie Highway to 60M Old Dixie Highway. Reim bursemerit The COMM shalt reimburse the DEVELOPER pursuant to the provisions of Section 202.11 of the Com; for funds advanced by DWILOPER to oversize the off- site facilities. COU N Y shall rob"biurse DE1I LOPERIn ac ante with Exhibit "B" for oversizing the off site watermallln. The actual reimbumeme nt amounts shall be used Qn Exhibit B but In tas eyed shall the Coufty cost share exceed $17,502.67. The t+11WAMninl ents shall 18 C:WSEIES''WCMSE'W'IlWrAWOCALMICKUSUMI\WINWWSUNEICAGINI(:ONIENI'.(HfrLOMX8LXLWJ7Z )EVA(iPXEMMI:HN I HAWKS NES1-UHAVI -1.31-2023.WC - follow the schedule outlined below: 1. Off-site watermain identified as km IRC -lin Exhibit B to be paid orIC6,00MOWon of all necessary testing, acceptance of 06rida Department of lEnviroranental Protection (FDEP)Cerltfication Of Completion, final close outdf the FEC permit for work within the FEC right of way, and acceptance of the watermain dedication to Indian Rim County Department of Utility Services (IRCDU through a Bill of .Sale, per(iRCDUS) Wot-er& Wastewater Utility Standards, May 21 or latest edition, grantingof all items setforth in section 9 below, and payment to the COUNTY of $5,43556 for the fees paid by COUNTY to FEC'. 2_ Amendment: This Agreement maybe modified only by a written instrument executed by all parties to the Agreement. 3. Assignability: Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right, to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY., j 4. Authority Each party hereto represents and warrants to the other that the execution' ofthiii Agreement and any other documents required or necessaryla be executed pursuant ter. f$e provi hereof are valid, binding obligations and are enferceebte to accordance with their tenm S. Captions: Captions, if Included, In this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisionf. 6. Construction Pians, Technical Specifications and Contract Documents: The DEVELOPER agrees to complete a final set of construction drawings and make submission for a. Utilities Construction Permit (.UCP) to the Indian River County Utilities Department, Florida Department of Environmental Protection (FDEP) and all other necessary permits. The DEVELOPER shall not commence construction until all permits are approved and obtained. 7. Definition All pronouns shall be deemed to refertothe masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. 8. DEVELOPER'S Obligations: 19 - -Page 2 - C:\U5k7LS1(iCM51:C1AP1'UA't'A\LUCALIMlC1tUSUY1IW(NWWSYINI;'ICACiIb'1WNIY.N'f.UV'fLWKWLXUtlUiLNL'V AURL�EA1liM111AWKx NIiSI-ll12AVl'-111-2U23.UfK The design,. preparatione>i`rontract documents, permitting, and corAtrUcton of all water and wastewater utilities which is eit or solely serving Hawks Nest Golf 6f including but not limited to water meter, transmission lines, pumps, valves, storage facilities, etc.) shall be the DEVEi ER's responsibility and expense until such time the completionof necessary testing, acceptance of Florida Department of Environmental Protection (F ) Certification Of Completion, final close out of the FEC permit for work wWn. the W rpt of way, and acceptance of the watermain dedication oindian River Cour*V Departs oftltility Serves (IRCDUS) through a Bill of Sale, per (IRCDUS) Water & Wastewater UtiIIWStandards, Mayes or latest edition has been completed. Construction of on-site water and wastewater utl shall be subject to COUNTY review and;approval. The DEVELOPER shall be deemed in possession of the potable waterantl�e DEVELOPER's side of the water meter, however the DEVELOPER shall not be deemed to own the water, and the transfer or sale of water by the DEVELOPER is prohibited. The DEVELOPER may not transfer or sell water or wastewater capacityto any party for use off- site of the property. 9. Easements: The DEVELOPER shall convey to the COUNTY 41 utility easement for the water utilities for the COUNTY to install, maintain, operate and monitorthe water utilities, within the private right -cam way including, but not limited to, water lines, services, laterals, manholes, peters, lift station, sewer, remote monitoring and related utility structures. After the COUNTY'S final inspection of the water facilities for conformance with the approved plans and specifications, the DEVELOPER shall convey aN water facilities together with an interest in land, as may be required by the COUNW., to the COUNTY. The conveyance shiml include any of the following documents as may be required by the iI3�TY, in a form acceptable to the COUNTY: a) Bill of Sale b) Grants of Easements c;) Maintenance Bond d) Record Drawings (hard copy, signed and sealed by a professional surveyor registered in the state of Florida, and electronic f6rmat— AutoCAD reh 15.0 or higher) 10. Entire Agreement This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there are no oral or written agreements between the parties, nor any representations made by either party relative to the subject tuatter hereof, which are cwt expressly set forth herein. .,,Governing Law & Jurisdiction: 20 4.110 3 C:1USUtS1GCMSELW'1'LAY'ALLtXALMCROSUNi1WlNW WSUNl;1CIX(2WlCOt4lt lr'OU'I10OKWLXLW7Z I)KV AGREkMENI IIAWKSNN51 -UWANL-1-I1-2U23.17fi� This Agreement shall be governed by the laws ofthe State of Florida and the laws of the United States pertaining to transactions In h state, and all motions arising but of itis Agreement shall be br-mht In io+dian River County, Flores w, In the event of federal risdiction, the i United States District C&jrt for the Southern Dbtft. of Florida. All of the perties to th Agreement have participated freely in the negotiation .p�reparation hereof. Accordingly, this Agreement shall not be more strictly construed agalrli'my orte of the parties hereto. 1 12.Indemnific rt The DEVELOPER hervift rimes and holds harmless the OWNiry, and the CoWn W t em employees and a rts, from and against any and all clans for damages, costs, third party claims, judgment, and expense to persons or property that may arise outlot or be occasioned by, any work contemplated by this agreement, or from any act or omission of any representative, agent, client, and/or employee ofDEVELOPER, andONM JPER shall indemnify the COUNTY against any such claims Ansi. any judgments at may be entered to connection therewith, Including attorney fees. DIAPER shall nde llfV- t+a-tVWTY against aftydairn for damage that any utility, whether publicly or privately -array sustain or receive in connection with any work contemplated by this agreement lEEOK-R, shall not make any claim of any kind orcharacterwhatsoever against the COUNTY for damages that it may staffer by reason of the installatiom am, truction, reconstruction, operation, and/or maintenance of any public improvement, or utility, whether presently in place or which may in the future be constructed or installed, including but not limited to, any water and/or sanitary sewer mains and/or storm sewer facilities, and whether such damage is due to flooding, infiltration, backflow, and/or seepage caused from the failure of any installation, natural causes, or from any other cause of whatsoever kind or nature. It Is the intention of this indemnificaffain agreement on the part of DEVELOPER, and a condition aftbis agreement, that it shall be ftitl and total indemnity against any kind or character of clal .whatsoever that May be asserted against the COUNTY. DEVELOPER hereby agrees todefead:Any and all suits,,�claims, and causes of action brought against the COUNTY arising t;K .ole or to connecdon with any work contemplated by this agreement, and DEVELOPER Ogren top" W.WjudgmenterjUdgments, including attorney fees, that may be rendered againstlihatOUNTYor against the COUNTY'S officers, employees or agents in connection therewith: 13. Maintenance Securltvs y The DEVELOPER agrees to convey all iWit, title and interest in the aforementioned utility bnprovementsto Indian River County, Florida, and provide security as setforth herein subject to the COUMTY'S approval, for a period of -(3,) after the COUNTY'S acceptant a sdthe Improvements, plus an additional three5) f ( rntt�,'l�r an aggregate of fifteen � trt � The maintenance security may only be in oneof the following forms. (a) cash, whereupon the COUNTY and the Developer shall enter kft the COWITY'S standard Cash ft*, v. r Qeposit Agreement; or (b) Letter of Credit, In the County's standard form, drawn and payable by a financial institution located within:FkWa. The value of the maintenance security shall be twenty-five percent (25%) of the total construct1lon value of the utility improvements as c certified by Ow, Developer's licensed engineer and gpproved in writing byth, a County. i l 21 -Page 4 - C:WSk: tSAUCMSECMI'I'DA'1'ALLUCAL1MICROSOVIIWINW WSUN6"iCACiIt1CC1NIEMr.UU'ILUVKWLXDW7ZOEV AUItEJ:MLINI HAWKS N"I -DRAFT-1-31.2023DOC } Multiple Counterparts: This Agreement maybe executed in a numberPtlentical cnterparts which, taken together, shaft constitute collectively one (: Agreement In making proof of this Agreement, it shall not be necessary to produce or account for more one such counterpart united bythe party to be charged. 15, Permits: The DEVELOPER shall be responsible for obtAting all consUv and operating permits required for the construction, delivery, use and monitoring of the water distributed to-Mtd wastewater collected front! the DEVELOPER property (Lost Tree Preserve Plan Development). if, through no fault of the parties involved, any federal, state or local government or agency (excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or requires a material change in the systom,-then to the extent necessary and if possible, the parties agree to negotiate an amendmentto the Agreement to reflect the change in condition.. If the COUNTY determines that it is impossible or impracticable to perform undir. Oe^terms of this Agreement because of the above, then this Agreement shall terminate and the pa rties shal I have no further obligations to each other. The DEVELOPER shall comply with reasonable request by the QTY concerning on-site operations and maintenance priorto County acceptance including but nobt limited to all FDS regulations relating to bacteriological and hydrostatic testing, cross. connection control, monitoring, color -coding of water and wastewater equipment. E 16. Recordincr of Agreement: This Agreement maybe recorded in the official reoaards of fticfiari River County bythe COU11M. If recorded, the obligations defined in this Agreement shall run with the land and shall bind subsequent owners of the propertiibrtheterm ofthisAgreement. The DEVELOPER shall pay for all recording costs. 17. Severability / invalid Provision; If any pr ision+of the Agreement Is held to be.illegal, invalid or unenforceable under poor future laws, such provision shall be fully severable; this Agreement shall be consbued and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected bysuch Illegal, Invalid, orjunenforceable provision or by its severance from this Agreement. 18 The term of this Agreernent is fiva (S) years. MIess otherwise agreed to by the parties in writing, this Agreement shall not : ' be renewed automatically for. successive tent, Notwithstanding the f aregomg, this Agreement.shall be cotem w*ms with FDEP Permit for construction and with the Cowty's Utility ConMuction Permit, whichever provides a shorter time period, but AM be rot More than five (5) years from the date of issuance. The County 22 -Page 5 - C:WSEIiS(;CMSELW'l'UAY'A\LOCAL1MLCROSUFl\W1NWWSUWLCAClikI:ONIbWr.OUTLOOK\HLXUIIU7ZU)EVAGREEMENl WWK�NE.%I -UItAf F -1.31-2073.DOC may terminate this Agreement early in its sole discretion if it determines that the development project intended to be served by the improvements is suspended or discoo trued. 19. Time of Essence: Time is of the essence of this Agreement; however, if the - Ina I date of any period whkh is set out In any provision of this Agreement falls on a Satur6v, -'W iday or legal holiday! vWw the laws of the State of Florida, then, in such event, the time of st ch.period shall be extended to the next business day which is not a Saturday, Sunday or legal holiday. IN WITNESSIME'REOF, the COUNTY and the DEVELOPER have accepted, made, and executed this Agreement as follows: EPIRThe Moorings fes, . Wi!ess Slen"Al Iras By: �... A0 rt` Printed name:. Witness PrintedName Title: rig +" .:. 3: 4 .. . m. Date:1lvZ3 Witness Signature -Jd/ls2hWP.hg ' Witness Printed Name j. STATE OF FLORIDA _ C()UNTY OF INDIAN RIVER NEED UPDATED SIGNATURE BLOCK. Name: (lg�MS- t .��+ DEBORAH L. AUSTIN `` Commission# ;,; .: Commission # HH 188482 Expires January 8, 2026 Expiration Date t ' '. toF �e. Bended Tlw Troy Fain Insumm BOW85•T BOARD OF COUNTY COMMISSIONERS Attest: INDIAN RIVER COUNTY, FLORIDA Jeffery R. Smith, Clerk oP'IriaiE CW=k Court By: By: Deputy Clerk Joseph H. Eilir'tnan, Chairman BCC Approved: I. Approved as to Form and Legal Sufficiency Approved by: 1 r t#WAttorney f: 111 tael Zito, Interim a tAikift ftatiW . 24 _ -Pne i C:UISU(S%UCMSELW IUWrA\LOCAL MICItOSOI\WINWWSUWICACIIk1CUNTI:N'1'.OU'iLUUK\BLXUtl07L1Uk.V AUREEMENf HAWKS NFSI-VIUFI' -1-31-2023.000 t f e i _i t " k i 25 -Page 8 - C:1u5k1{51(icblshcw�Pun7•nuocnl,lbucltosor l�wuBX)wtgn�Lt4nalNKxc)m'r:N't.(w'tLUos"1HLXIHWrG1U�vnci ''tv1F.'Nt tlnwx8Hns1-L)ItAFI' -1.71-zuz7.ucX Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: March 16, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Final Pay to All Webb's Enterprises, Inc. Descriptions and Conditions: On June 8, 2021, the Board of County Commissioners (BCC) approved the agreement with All Webb's Enterprises, Inc., (AWE) for the Well Field Feasibility Investigation work at wells S-1 and N-7 in the amount of $992,100.00. The Wellfield Feasibility Expansion Study included deepening two of the county's existing production wells from the Upper Floridan Aquifer (UFA) to the Avon Park Production Zone (APPZ)/Lower Floridan Aquifer (LFA). The goal of the project was to deepen production wells S1 (south wellfield) and N7 (north wellfield) to obtain representative water quality and production data from the lower aquifer, to help facilitate long-term water supply planning efforts. AWE began the process of deepening S1 in October 2021; however, it was quickly discovered that the well was producing high volumes of sand during the drilling process, and the well was determined to be unsuitable for further use. Plans were made in December 2021 to mobilize to Well N7 to complete the scope of work associated with deepening the well. On March 8, 2022, the BCC approved a reduction of $211,465.00 for work that was no longer needed for well S1, leaving the total for the agreement at $780,635.00. During the construction at N7, it was noted that the depth to be drilled was less than the allocated depth noted in the contract. Therefore, the final amount would be less than the total agreement value that was approved on March 8, 2022. The project has since been completed, and since AWE did not have to drill as deep as originally proposed, the final total cost came in at $718,035.00. Analysis: AWE has submitted Payment Application No. 6 for $64,401.75 forfinal pay. Kimley-Horn and Associates (KHA) has recommended approval of the final payment. To date, AWE has been paid $653,633.25. Payment in the total amount of $64,401.75 will complete the county's obligation to the contractor for the amount of $718,035.00. Funding: Funds, in the amount of $64,401.75, for the final payment will be split between two accounts. Those accounts are in the Utilities operating fund under Utilities /Retainage account, number 471-206000, from which $34,401.75 will be used, and the Utilities/Water Prod/Other Professional Services account, number 47121936-033190, from which $30,000.00 will be used. Utilities operating funds are generated from water and sewer revenues. F:\UtiIities\00_L1T1LlTY- AGENDA TEMPLATE & GUIDELI NES\2023 Agenda Items\040423\Final Pay to All Webbs Enterprises\Agenda-Final Paddy Webbs Enterprises Inc..docx Lv Description Account Number Amount Utilities/Retainage 471-206000 $34,401.75 Utilities/Water Prod/Other Professional Services 47121936-033190 $30,000.00 Total $64,401.75 Recommendation: Staff recommends that the Board of County Commissioners approve the final pay and release of retainage to All Webb's Enterprises, Inc., for a total of $64,401.75. Attachments: All Webb's Enterprises Final Pay App F:\Utilities\00_UTILITY- AGENDA TEMPLATE & GUIDELINES\2023 Agenda Items\040423\Final Pay to All Webbs Enterprises\Agenda-Final PaxpLI Webbs Enterprises Inc..docx 21 N p Ln Ln N O N N N N NN 41 f-4 M�a�O~- %D 00 N z 'rn -4 I� .. .. .. .. .. .. .. .. 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DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney �1- Consent Agenda - B. C.C. 4.4.23 Ofce of INDIAN RIVER COUNTY ATTORNEY 10 1 D) 3 [0 710 1 iia TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: March 28, 2023 SUBJECT: Interlocal Agreement Between Indian River County and Town of Orchid for Beach Access for Dune Restoration BACKGROUND. On January 17, 2017, the Indian River County Board of County Commissioners ("Board") approved a license agreement with the Town of Orchid (the "Town") authorizing the Town to use the beach access point at Golden Sands Beach Park ("Park") for the limited purpose of performing dune stabilization projects for the nearby residential development. The use of the Park was limited to the period between January 30, 2017 and February 17, 2017. On September 19, 2017, the Board approved an Interlocal Agreement Between Indian River County and Town of Orchid for Emergency Dune Restoration Due to Named Storms ("ILA"). The ILA included a process of reimbursement for impacts, in which Indian River County would apply for reimbursement for impacts to Indian River County beaches and Town beaches. Indian River County would then reimburse the Town for any funds received from any federal agencies and the State of Florida relating to the Town restoration work. Additionally, any Town use of the Park would be under similar conditions as those set forth in the license agreement, with dates of any future work being mutually determined by the Town Manager and County Administrator. The Town of Orchid staff and Indian River County staff have negotiated a new Interlocal Agreement Between Indian River County and Town of Orchid for Beach Access for Beach and Dune Restoration, which removes the reimbursement provisions going forward and expands the ability of the Town to use the Parks for beach and dune restoration future storm events, hurricanes, tropical storms, heavy seas, nor-easters, king tides and general erosion. FUNDING. The cost for recording the Interlocal Agreement will be split evenly between the Town and Indian River County. Funding for Indian River County's portion of the expenditure is available from Account No. 00110214-034830 (General Fund/County Attorney/Recording Fees). RECOMMENDATION. The County Attorney's Office recommends the Board approve and authorize the chair to sign the Interlocal Agreement Between Indian River County and Town of Orchid for Beach Access for Beach and Dune Restoration. ATTACHMENT. Interlocal Agreement Between Indian River County and Town of Orchid for Beach Access for Beach and Dune Restoration C: IGrani=Ve gbwrM.51TmWI8b,6c92f-5cf"03d-9d6I-20865269aObLdoc 33 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND TOWN OF ORCHID FOR BEACH ACCESS FOR BEACH AND DUNE RESTORATION THIS INTERLOCAL AGREEMENT for ACCESS FOR DUNE RESTORATION ("Agreement") is entered into this day of , 2023 ("Effective Date") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") and the TOWN OF ORCHID, a Florida municipal corporation ("Town"). BACKGROUND RECITALS A. Indian River County, local municipalities, and private property owners maintain beach and dune systems along the 22 miles of Indian River County Atlantic Ocean shoreline. As a result of adverse weather and tidal effects, Indian River County receives direct impacts to the beach and dune system; and B. The County and Town wish to cooperate in restoring said beach and dune system from adverse impacts caused by future hurricanes, tropical storms, heavy seas, nor-easters, king tides and general erosion (collectively "Dune Erosion Events"); and C. In response to future Dune Erosion Events, County and Town wish to establish a process by which the Town can utilize Golden Sands Beach Park ("Park") for beach and dune restoration efforts; and D. The County and the Town wish to enter into this Agreement in order to formalize the process for the Town's use of the Park for future dune restoration activities; and E. By entering into this Agreement, County and Town wish to terminate and replace the Interlocal Agreement Between Indian River County and Town of Orchid for Emergency Dune Restoration Due to Named Storms dated September 19, 2017, with this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, and intending to be legally bound, the County and the Town agree as follows: 1. The background recitals are true and correct and form a material part of this Agreement. 2. County hereby authorizes Town to use the established beach access point at the Park for the limited purpose of delivering beach material and locating certain heavy equipment onto the beach to perform beach and dune restoration activities within the jurisdictional limits of the Town after Dune Erosion Events. Such work shall not occur during sea turtle nesting season, unless approved by the Florida Department of Environmental Protection. The dates of work shall be mutually determined by Town and County, and shall be subject to the following terms and conditions: 34 a) Town shall operate all equipment, or cause all equipment to be operated, in a safe and prudent manner, and in accordance with any measures deemed necessary for public safety by County staff. b) When Town is utilizing the Park for dune restoration activities and County officials or staff are not present performing dune restoration activities, Town shall (1) keep the gates to the Park securely locked at all times except when opened for the passage of Town's equipment, (2) manage in a timely and efficient manner any traffic issues that arise as a result of Town's use of the Park, and (3) prohibit any public vehicular or pedestrian use of the Park during Town's dune restoration activities. Town shall post "Beach Closed" signs at the Park entrance during Town's dune restoration activities. c) To the extent the County is not utilizing the Park for dune restoration activities, Town shall provide any sand needed to establish a "sand ramp" for equipment to access the beach by Town while Town is utilizing the Park for dune restoration activities, or for Town to perform the beach restoration activities. No use of existing sand from the Park or beach shall be allowed. Any damage by Town to the Park shall be repaired to the satisfaction of the County and at no cost to the County. The agreed upon access route shall be inspected/videoed by County staff with the Town present, prior to the equipment mobilization to the Park. The Town shall restore any pavement striping, signage, vegetation (includes dune vegetation), and improvements that may have been damaged as a direct or indirect result of the Town's construction activities to an equal or better condition upon completion of the work and demobilization of equipment, facilities, vehicles, and crew from the work area. d) The County assumes no liability for loss of or damage to Town's equipment or personal property staged or stored at the Park. Any such equipment or property shall be staged or stored at the sole risk of Town. e) Between the northern boundary of the Town and the Park there is located a residential community. As such, to the extent the County is not utilizing the Park for dune restoration activities, Town shall minimize construction impacts to the residential community (i.e. work hours 7:30 AM — 5:30 PM, construction noise, equipment vibration, etc.) to the greatest extent practical. Town shall provide notice to the homeowners' association of the adjacent residential community or to the property owners directly prior to commencing access activity through the Park whenever practicable. County shall be provided a copy of the notice to the homeowner's association or property owners upon request. f) Town shall indemnify the County for any damage to Park structures, roads, vegetation or other Park features or County property resulting from Town's performance of the dune restoration activities, or this Agreement. Any such damage shall be repaired to the satisfaction of the County, or Town shall pay to the County the reasonable cost to repair any such damage. Town shall also indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Town and persons employed or utilized by the Town in the performance of the dune restoration activities, or this Agreement. 2 35 3. At all times in which the Town is utilizing the Park for dune restoration, Town shall maintain, or cause to be maintained the insurance policies and coverage limits set forth: Insurance: Town and Subcontractors Insurance: The Town shall not commence work until it has obtained all the insurance required under this section, nor shall the Town allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work is covered by the protections afforded by the Town's insurance. Worker's Compensation Insurance: The Town shall procure and maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the Town shall provide adequate coverage for the protection of such employees. Such insurance shall also be required of any Town contractors and subcontractors. Public Liability Insurance: The Town shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and shall ensure that the contractor/subcontractor performing work in connection with dune restoration activities has commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional insured on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General Commercial General (Public) A. Premises / Operations Liability, other than Automobile B. Independent Contractors C. Products / Completed Operations $1,000,000.00 Combined single D. Personal Injury limit for Bodily Injury and Property E. Contractual Liability Damage F. Explosion, Collapse, and Underground Property Damage Automobile A. Leased Automobiles $1,000,000.00 Combined single B. Non -Owned Automobiles limit Bodily Injury and Damage C. Hired Automobiles Liability D. Owned Automobiles Proof of Insurance: Prior to commencement of any furnish the County Risk Manager a certificate of acceptable to the County for the insurance required. work, the Town shall insurance in a form Such certificate or an 3 36 endorsement provided by the contractor must state that the County will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement -naming County as Additional Insured must accompany the Certificate of Insurance. g) At the completion of any of the Town's dune restoration activities or expiration of the license, whichever occurs first, Town shall return the Park to substantially the same condition as it was at the beginning of such dune restoration activities, to the County's reasonable satisfaction. h) Town shall perform its work in strict compliance with any permit issued for dune restoration activities. If at any time Town does not adhere to the permit conditions or above conditions, the County may order the work to immediately cease until Town brings the work into compliance. Violation of permit conditions and/or the terms of this Agreement may result in termination of the Agreement by the County forthwith and at no cost to the County. 4. Upon the effective date of this Agreement, the Interlocal Agreement Between Indian River County and Town of Orchid for Emergency Dune Restoration Due to Named Storms dated September 19, 2017, shall be terminated in its entirety, except that claims for reimbursement for expenses incurred by Town for dune restoration activities in response to Hurricanes Matthew, Irma and Dorian during the effective dates of that Agreement having cooperated fully with County as required by section 2 of that Agreement, are not relinquished. 5. Parties agree to comply with the Indian River County Beach Preservation Plan, dated February 2015, or as subsequently amended. 6. The term of this Agreement shall be for three (3) years from the Effective Date and shall automatically renew for successive three (3) year terms except either party may terminate the Agreement with one -hundred twenty (120) days' written notice. 7. Any notice, request, demand, consent, approval or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (1) Hand delivery to the other party; or (2) Delivery by commercial overnight courier service; or (3) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: Indian River County: Indian River County Public Works Department Attn: Public Works Director 1801 27' Street, Building A Vero Beach, Florida 32960 Indian River County Risk Manager 1800 27th Street 37 4 Vero Beach, Florida 32960 Indian River County Parks & Recreation Director iG Recreation Center 1590 9th St SW Vero Beach, Florida 32962 Town of Orchid: Attn: Town Manager 7707-1 US Highway 1 Vero Beach, Florida 32967 8. The validity, interpretation, construction, and effect of this Agreement 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 Agreement, 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 justiciable in federal court. 9. This Agreement 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 Agreement 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 all parties. In addition, notwithstanding any other provision set forth herein, it is agreed that this Agreement shall not constitute a third -party beneficiary contract and no third party, even if referenced or mentioned hereunder, shall have any rights or privileges hereunder including, but not limited to, standing to enforce any term or condition of this Agreement or make any claim based on this Agreement. 10. Construction/Interpretation of Agreement. Each party has participated equally in the negotiation and drafting of this Agreement. In the event that an arbitration panel or court is required to interpret any provision of this Agreement, the provision shall not be interpreted for or against either party upon the basis that such party was or was not the preparer of this Agreement. 11. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 5 is 12. Captions in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. ATTEST: Jeffrey R. Smith, Clerk of Courts, and Comptroller By: Deputy Clerk Approved: , County Administrator Approved: Cherry Stowe, Town Manager BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ("County") By: Joseph H. Earman, Chairman Approved by BCC: , 2023. Approved as to form and legal sufficiency: Dylan Reingold, County Attorney TOWN OF ORCHID ("Town") By: Robert J. Gibbons, Mayor Approved by Town: 12023. Approved as to form and legal sufficiency: Warren W. Dill, Town Attorney 39 6 it V Office Of Consent Agenda 04/04/2023 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraai, Deputy County Attorney DATE: March 29, 2023 SUBJECT: Release of Easement for Drainage and Satisfaction of Developer's Agreement for Grace Baptist Church of Vero Beach In January 2004, the County and Grace Baptist Church of Vero Beach, Inc., (Grace Baptist) entered into a Developer's Agreement concerning stormwater treatment for proposed improvements to 43rd Avenue between 12 and 16th Streets. The Developer's Agreement is recorded in the Public Records of Indian River County. At the time, Grace Baptist was planning an expansion of their facility which would have necessitated reconfiguration of their stormwater treatment system. The Agreement called for Grace Baptist to grant to the County an Easement for drainage for the church to take in and treat stormwater runoff from 431 Avenue in its expanded condition. The County agreed to pay Grace Baptist $35,000: $5,000 to cover engineering costs to modify their existing permits and $30,000 for the drainage easement. Grace Baptist conveyed the drainage easement to the County and the County paid Grace Baptist $35,000. In March 2019, the County and Grace Baptist entered into a First Addendum to Developer's Agreement (not recorded) that stated the County was no longer in need of the Easement for drainage and that Grace Baptist would return $30,000 to the County that had been paid to Grace Baptist for the easement. Payments were to be paid in 5 installments of $6,000 each. The County agreed to release the easement when the $30,000 was paid in full. Grace Baptist has repaid the $30,000 in full and the County is now obligated to release the Easement for drainage and declare the Developer's Agreement, the Addendum and the Drainage Easement Agreement satisfied. FUNDING: There is no expenditure of County funds associated with this matter. 40 Release of Grace Baptist Easement March 30, 2023 Page 12 STAFF RECOMMENDATION: Staff recommends the Board approve the Release of Easement for Drainage and Satisfaction of Developer's Agreement in favor of Grace Baptist Church of Vero Beach, Inc., and authorize the Chairman to execute the Release on behalf of the Board. Attachments: Release of Easement for Drainage and Satisfaction of Developer's Agreement Copies to: Richard B. Szpyrka, P.E., Public Works Director Chris Drinnon, Pastor Grace Baptist Church of Vero Beach 1285 43rd Avenue Vero Beach, FL 32960 41 RELEASE OF EASEMENT FOR DRAINAGE AND SATISFACTION OF DEVELOPER'S AGREEMENT This RELEASE OF EASEMENT FOR DRAINAGE AND SATISFACTION OF DEVELOPER'S AGREEMENT (the "Release") is made as of the day of April 2023, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("County") having a mailing address of 1801 2711 Street, Vero Beach, FL 32960; in favor of Grace Baptist Church of Vero Beach, Inc., ("Grace Baptist") Florida not for profit corporation, having a mailing address of 1285 431d Avenue, Vero Beach, FL 32960. WHEREAS, on January 6, 2004, the County and Grace Baptist entered into a Developer's Agreement concerning stormwater treatment for proposed improvements to 431d Avenue. The Developer's Agreement is recorded in OR Book 1681, Page 897, Public Records of Indian River County; and WHEREAS, on December 19, 2003, Grace Baptist conveyed to the County, an Easement for drainage recorded in OR Book '1681, Page 1788, Public Records of Indian River County; and WHEREAS, on April 15, 2004, Grace Baptist conveyed to the County a Drainage Easement Agreement recorded in OR Book 1721, Page 487, Public Records of Indian River County; and WHEREAS, on March 5, 2019, the County and Grace Baptist entered into a First Addendum to Developer's Agreement (not recorded) that stated the County was no longer in need of the above described Drainage Easements and that Grace Baptist would return $30,000 to the County that the County had paid to Grace Baptist for the Drainage Easements; and WHEREAS, Grace Baptist has repaid the $30,000 in full and the County wishes to release the Easement for drainage and declare the Developer's Agreement, the Addendum and the Drainage Easement Agreement satisfied. NOW THEREFORE, in consideration of mutual covenants and agreements stated in the Developer's Agreement and First Addendum and for other sufficient consideration received and acknowledged by each Party, the County does declare as follows: 1. The terms of the Developer's Agreement entered into by the County and Grace Baptist dated January 6, 2004 recorded in OR Book 1681, Page 897, Public Records of Indian River County is hereby satisfied as to all parties. 1 42 EXHIBIT ..The South 315 feet- of the followind• described parcel of ' land: Commencing at the Northeast corner of -Tract 8, INDIAN RIVER FARMS COMPANY'S SUBDIVISION. of Section 9, Township 33 South, Range 39 East, according to the Plat thereof,, as recorded in' flat Book. 2, at Page 25, of the Public. Records of St. Lucie County, Florida; run .South on the East line of said Tract 8 a distance of 345 feet to -the Point of Beginning; thence'run West and parallel to the North line of said Tract 8 a distance of 538 feet to a pipe; thence run in a Southerly direction a distance of 647.6 feet to a pipe, thence run -East a distance of 54 feet to the. East tine of said Tract 8; thence run North -on the East line of said Tract 8 a distance of 635 feet to the Point of Beginning, LESS AND EXCEPT THEREFROM the East 54 feefAhem.of; said -lands situate, lying and being in Indian River County, Florida. } jOA INDIAN RIVER.C. OU14TY BOARD Olt COUNTY 'COMIAISSION, REQUEST TO BE SCHEDULED FORIVOLIC DISCUSS":: Any organization or individual +ybhlg to address the Rtrd of Cont�byo*mn1ba halt pk#s tis forte and submit it to the Indian :River County Administrator's tlltleR PUBLIC D111021SI(Nrl INFORMATION Indian RiverCounty etl2 t0 b , as is general rule, public discussion items should be limited to matters on ry ich the tom in ission may take taction Indian River County Code Section IO2,IX3'1: limit remarks to three minutes unless additional time is granted by the commission Paul MmItcott NAME OF INDIVIDUAL OR ORGANIZATION: 1570 56th Sq E, Vero Beach, FL 32966. 772 -gt`7App "'1qq� ss�� ADDRESS: PHONE: T-�t G` /a3 DNxsW.n of Qpidd Settlement proceeds :SUBJECT MATTER FOR DWUSSION: IS A DIG1TAL/ELECTRONIC PRESENTATION PLANNF,D? E:1 vis a]. Consideration of IftntiBr in which the Opioid Settlement proceeds WHAT RESOLUTION ARE YOU are to be used/allocated. REQUESTING OF THE COMMISSION? --- - __ ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? a YES F NO WHAT.FUNDS OR ACTIVITIES ARE The Opioid Settlement Prods. . REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmit to Administrate Via: Interactive Web Farm E -Mail Ind Delivered Phone INTERIMCOUNTY `ADMINISTRATOR: Michael Zito MEETING DATE: 4/4/2023 45 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 Bill & Ardra Rigby / West Wabasso Progressive Civic NAME OF INDIVIDUAL OR ORGANIZATION: League ADDRESS: SUBJECT MATTER FOR DISCUSSION: PHONE: 772-501-4753 Shared usage of the building Old Douglas School IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? YES � NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Open up building for their use for meetings ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1-1 YES � NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: ransmitte to Administrator Via: Interactive Web Form E -Mail Hand Delivered 9 Phone INTERIM COUNTY ADMINISTRATOR: Michael Zito MEETING DATE: April 4, 2023 46 Thank you for contacting the Florida Department of Health in Indian River County regarding the Wabasso Center, 8445 64th Avenue, Wabasso, FL 32970. The Center is available to community and non-profit agencies/organizations as County Health Department operations allow. Hours of operation are Monday through Friday from 8:00 a.m. to 5:00 p.m. (for security reasons, 8:00 a.m. is the earliest that anyone will be permitted access to the building). Evening hours are available as staffing is available to accommodate. To request a reservation, contact Margaret Kearney at Margaret.kearney@flhealth.gov to confirm. availability. If the requested date(s) are available, submit the following documents to the abode listed e-mail address: ❑ Completed, signed Facility Use Agreement ❑ Current Liability Insurance ❑ Meeting Agenda (agendas are subject to review; political activities are prohibited) ❑ Proof of Non -Profit Status (does not apply to government organizations) Your event will be tentatively scheduled until the final agenda has been reviewed and approved. Once the event has been approved, you will receive an e-mail confirming the reservation. If you have any questions, please contact Margaret Kearney at the e-mail listed above or via telephone at 772-794-7480. FLORIDA DEPARTMENT OF HEALTH — INDIAN RIVER COUNTY Wabasso 8445 64'" Avenue, Wabasso, FL 32970 PHONE: 772-794-7480 E-MAIL: Margaret.kearney@flhealth.gov FACILITY USE AGREEMENT FOR OFFICE USE ONLY Database Calendar Event ID Entered By CONTACT INFORMATION (REQU Requesting Organization (User) Type of Organization Representative Name E -Mail Address Phone Number Extension CONTACT INFORMATION (MUST BE PRESENT DURING ENTIRE EVENT) Representative Name E -Mail Address Phone Number Extension EVENT DETAILS Type of Event Date of Event ft of Days* # of Participants" *A separate Facility Use Agreement will be required for events scheduled on non-consecutive days. SETUPICLEANUP TIME EVENT TIME (FOR PARTICIPANTS) Start (no earlier than 8:00 a.m.) AM LL PM Start (no earlier than 8:00 a.m.) ❑ ❑ AM 4 .PM End (no later than 5:00 p.m.) ❑ AM ❑ PM End (no later than 4:30 p.m.) ❑ Evening times are available as staffing permits ❑ AM PM Will food be served during this event? ❑ Yes — please describe: ❑ No Professionally catered or commercially prepared foods are permissible, but no cooking is allowed on premises. Catering operations and electrical appliances (i.e. coffee pots and warming dishes) must be restricted to kitchen area only. NOTES/COMMENTS CANCELLATIONS If you need to cancel your event, you must notify us via e-mail as soon as possible. EVENT CHECKLIST • Immediately notify Department of Health staff of any spills • Pick up trash from tables and floors • Make sure the room is back to its standard setup with chairs pushed in and tables aligned 4tp -3 TERMS AND CONDITIONS 1. The USER of the DOH -Indian RiverMabasso facility agrees to use utmost care in the use of its facility and agree to leave them in good, clean condition with the standard set up. 2. The USER will reimburse the DOH -Indian River for any and all damages caused to the facility and/or the equipment therein. The USER agrees to reimburse the DOH -Indian River for clean-up, repair, or other expenses incurred as the result of misuse of the facility. In the event of damage to the DOH -Indian River/Wabasso facility, those using the facility shall accept the amount of repair and replacement costs as estimated, or otherwise determined, by the DOH -Indian River Health Officer or his or her designee and shall pay the DOH -Indian River for such repair and replacement costs upon demand. 3. The USER assumes all responsibility and liability for the requested use and agrees to defend, indemnify and hold DOH -Indian River harmless from any and all loss, damage or injury to any person or property arising from use of the facility. 4. If both parties to this agreement are state agencies or subdivision, Terms and Conditions Item 3 listed above does not apply. Instead, both agree to be fully responsible for acts of negligence by its officers, employees or agents, when acting within the scope of their employment or agency, and agrees to be liable for any and all damages resulting from said negligence, as provided in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to whom sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties. Neither party cannot indemnify the other party to this Agreement or any third parties. 5. Those using DOH -Indian River/Wabasso facility must confine themselves to the areas provided for in this Facility Usage Agreement. 6. Users may not take tables and/or chairs, and/or other items, from other rooms and/or areas of the DOH -Indian River/Wabasso facility and will use only the furniture and equipment in the area reserved unless otherwise authorized in writing. 7. The use of alcoholic beverages is prohibited on DOH -Indian River property by USER and/or its event participants, employees, contractors or agents. Smoking is permitted only in designated areas outside the facility. 8. The parties agree that the USER, its agents and employees are not agents or employees of DOH -Indian River. The USER will be solely responsible and will assume full responsibility for the actions and omissions of its agents and employees when using DOH -Indian River/Wabasso facility. As an independent contractor, USER is solely responsible for worker's compensation coverage of its employees. 9. The USER will be solely responsible to provide adequate supervision of the activities conducted in the DOH - Indian River/Wabasso facility. 10. The USER will comply with all applicable state laws and regulations and will not conduct any activities that conflict with the mission and values of DOH -Indian River. The DOH -Indian River reserves the right to accept or reject a request for use of its facility based on these criteria as determined by the Management team and/or the Administrator or his or her designee. 11. DOH -Indian River has the right to cancel any reservation if an internal need to reserve the room arises. In this case, your organization will be notified in writing as soon as possible. Representative (Print) Representative (Signature) Date lRki INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael Zito, Interim County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Andy Sobczak; Assistant Community Development Director DATE: March 28, 2023 RE: Consideration of Marotech USA, Inc.'s Request for a Local Jobs Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 4, 2023. DESCRIPTION AND CONDITIONS As part of the County's initiatives to improve the local economic base, a package of economic development incentives designed to attract targeted businesses to the county and to encourage existing businesses to expand their operations within the county was established in 1996. Included in that package of incentives was a local job grant program. That program, which was revised by the Board of County Commissioners in October 2000, December 2006, and March 2009, provides a financial incentive to businesses that create good paying, full-time jobs in Indian River County. Marotech USA, Inc. has applied for a local job grant for its business which will manufacture, market, and sell Hot Melt Coated Tapes in the packaging industry. As proposed, Marotech USA, Inc. will bring a targeted business with approximately 10 new jobs to the county. To be eligible for the County's Local Job Grant Program, an applicant must create at least 5 new jobs, and those jobs must pay wages equal to or greater than 75% of the county's average annual wage ($50,454 current average annual wage). Currently, seventy-five percent of the County's average annual wage is $37,840.50. All of the proposed ten jobs meet the minimum wage requirements for the job grant application. Based upon proposed wages and jobs, Marotech USA, Inc. is eligible to receive up to a $35,200 jobs grant. ANALYSIS Marotech USA, Inc. is planning to expand in Indian River County and create 10 new jobs at 5265 45' Street Vero Beach, FL 32967. All 10 of the proposed jobs meet the minimum annual wage requirements under the Indian River County Local Jobs Grant Program. Due Diligence As part of the process of evaluating Marotech USA, Inc. for participation in the County's Local 47 Jobs Grant Program, County staff and Chamber of Commerce staff conducted research on Marotech USA, Inc., its officers, and agents. Actions taken as part of this due diligence process included: • Obtaining and evaluating a Dun and Bradstreet credit/financial report for Marotech USA, Inc.; • Conducting a general internet search for Marotech USA, Inc. and its officers using key words such as but not limited to "foreclosure" "lawsuit" "crime" "criminal" and "defendant"; • Checking the Florida Department of State Division of Corporations website for corporate registrations and liens; • Searching County official records for tax liens, judgments, and pending litigation; • Using Public Access to Court Electronic Records (PACER) to search for federal civil and federal bankruptcy actions; and • Other searches as needed Staff focused its due diligence research on the main sources of data readily available. Based upon that research and an evaluation by the Chamber's project review committee, Marotech USA, Inc. appears to be financially acceptable and appears not to have significant legal problems among its principals and officers that might raise concerns for providing Marotech USA, Inc. with public funds through the Local Jobs Grant Program. Under the jobs grant program, public funds are expended only after performance is verified (new jobs created at adequate wage levels). Local Jobs Grant Eligibility Review ➢ Industry Classification of Business To qualify for the County's Local Job Grant Program, a company must be in one of the county's targeted industries. Under the County's target industry list, Marotech USA, Inc. qualifies for the jobs grant program under the "Manufacturing/Warehouse/Distribution." ➢ Job Creation Threshold As structured, the county's jobs grant program provides $3,000 for each new position created that pays from 75% to 99.99% of the County's average annual wage; $5,000 for each new position created that pays from 100% to 149.99% of the County's average annual wage; and $7,000 for each new position created that pays 150% or more of the County's average annual wage. Currently, the County's average annual wage is $50,454. It is anticipated that Marotech USA, Inc. will create 10 new jobs in Indian River County, and all 10 of the proposed jobs will meet the minimum job grant qualification of having wages that are above 75% of the County's average annual wage ($37,840.50). Grant Calculation The following table indicates the number of proposed jobs in each wage category, the amount of of job grant associated with that wage category, and the total jobs grant amount: Category Qualified Jobs Amount per Job Total 75% of county average wage 9 $3,000 $27,000 100% of county average wage 1 $5,000 $5,000 150% of county average wage 0 $7,000 $0 10% Additional located within the Indian River County / Vero Beach Enterprise Zone $3,200 Sub -Total Grant Amount $35,200 Economic Development Council On March 21, 2023, the Economic Development Council (EDC) met and considered a presentation by County staff concerning Marotech USA, Inc.'s Local Jobs Grant application. At the meeting, the members of the EDC recommended that the Board of County Commissioners approve the Local Jobs Grant application for Marotech USA, Inc. Jobs Grant Agreement If the Board of County Commissioners approves Marotech USA, Inc.'s Local Jobs Grant application, staff will finalize a grant agreement to be executed by the County and Marotech USA, Inc. That agreement will stipulate various requirements, including that: ■ The grant will be payable over a three-year period by phase. ■ Marotech USA, Inc. will provide copies of its quarterly reemployment compensation reports (RT - 6 forms) to the County so that the County can verify that the number of jobs claimed for each local job grant payment level is being provided. ■ Marotech USA, Inc. will supply documentation to the County showing that employees reside within the County or in adjacent counties. In addition, the agreement will also include automatic termination provisions that are dependent upon performance (or lack thereof) by Marotech USA, Inc. Under those provisions, automatic termination will occur either on the date the County has made the last jobs grant payment or upon failure of Marotech USA, Inc. to meet the minimum of 5 jobs hiring deadline. Failure to provide quarterly reports for a period of three years is an additional reason for automatic termination. A draft copy of the grant agreement is included with this report. Funding & Proposed Payment Schedule If approved, the local jobs grant will be funded from County General Fund contingencies taken from four separate County fiscal years starting in County fiscal year 2023-24. The following table indicates the proposed grant funds to be distributed to Marotech USA, Inc. by fiscal year: 49 FY Proposed Job Grant Payments 2023/24 $8,433.33 2024/25 $11,733.33 2025/26 $11,733.34 2026/27 $3,300.00 Total $35,200.00 The proposed payment dates and payment amounts stated may vary, depending upon actual performance by Marotech USA, Inc. Since there may be unanticipated delays in hiring new employees, an allowance for an administratively approved extension of up to one year will be included in the jobs grant agreement. That allowance could shift grant payments forward by up to one year. RECOMMENDATION Staff recommends that the Board of County Commissioners approve a local job grant of up to $35,200.00 for Marotech USA, Inc. Attachments: 1. Draft Jobs Grant Agreement 50 JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY AND MAROTECH USA, INC. THIS INDIAN RIVER COUNTY JOBS GRANT AGREEMENT ("Agreement") is made as of the day of , 2023 (the "Effective Date") by and between Indian River County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as COUNTY, and Marotech USA, Inc, a company authorized to do business in the State of Florida, hereinafter referred to as COMPANY. BACKGROUND RECITALS: WHEREAS, it is the policy of COUNTY to stimulate economic growth in COUNTY by either attracting new businesses to COUNTY or by encouraging the expansion of existing businesses within COUNTY; and WHEREAS, the creation of new employment opportunities for residents of COUNTY and the increased tax revenues resulting from such business expansions or relocations within COUNTY is beneficial to the local economy; and WHEREAS, COUNTY has determined that offering a Jobs Grant Program encourages businesses to expand within or new businesses to locate in COUNTY and thereby creates new employment opportunities for the residents of COUNTY; and WHEREAS, COUNTY, through its Board of County Commissioners, has created a Local Jobs Grant Program; and WHEREAS, COMPANY, in accordance with the COUNTY's Local Jobs Grant Program criteria, is an Existing Business that will expand its business in COUNTY to create 10 additional full- time jobs which pay at least 75% of COUNTY's average annual wage level; and WHEREAS, COUNTY has determined that COMPANY is eligible to receive a Local Jobs Grant; and WHEREAS, COMPANY acknowledges that this Agreement shall be based upon compliance with COUNTY Local Jobs Grant Program requirements; and, WHEREAS, COUNTY finds and declares that it is in the public interest to award a Local Jobs Grant to COMPANY pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: Definitions. As used in this Agreement, the following terms shall mean: -1- ATTACHMENT 1 51 a. "Adjacent Counties" means Brevard, Osceola, St. Lucie, Okeechobee, and Martin Counties. b. "Annual Wage" - includes salary, bonuses, and commissions. c. "Default" - failure to comply with the terms of this Agreement. d. "Expanding Business" — shall be defined as a business expanding its operation over and above its base employment amount at the time of jobs grant approval by 5 or more new jobs to employ 5 or more new full-time employees in the COUNTY within the term of the Grant. e. "Full-time Equivalent Job" - shall be defined as a position that is scheduled for at least 35 hours per week. f. "Indian River County Average Annual Wage" — shall be defined as the average annual wage per job in COUNTY as determined by Florida Agency for Workforce Innovation, Labor Market Statistics Center, Quarterly Census of Employment and Wages Program, in cooperation with the U.S. Department of Labor, Bureau of Labor Statistics. Currently, the COUNTY's average annual wage is $50,454 (effective January 1` 2023 for the state QTI Tax Refund Program). This dollar value shall be used for the duration of this Agreement for determining local jobs grant incentives. g. "New Business" —shall be defined as a business establishing 5 or more new jobs to employ 5 or more new full-time employees in the COUNTY within the term of the Grant (as such term is hereinafter defined), provided that such business first begins operations on a site in the COUNTY clearly separate from any other operation owned by the same business. h. Commencement Date" — the date that the COUNTY begins tracking qualifying jobs for potential local jobs grant payments. Such date shall start on one of the following dates: January I", April I', July I", or October 1St of a year agreed to by COUNTY as established within this Agreement or as otherwise modified in accordance with this Agreement. i. "Qualifying job" —a full-time equivalent job having an annual wage equal to or greater than 75% of Indian River County's Average Annual Wage. Such jobs must be filled by people who live in COUNTY or Adjacent Counties. j. "Quarterly Reemployment Compensation Report (RT -6 form)" — Form from the Florida Department of Revenue that businesses in the state of Florida must complete and submit to the state on a quarterly basis. Information collected on the form includes the names of employees, their social security numbers, and the gross wages paid to each employee on a quarterly basis. The information is used for reemployment compensation should employees cease to be employed. For -2- ATTACHMENT 1 52 purposes of this Agreement, this definition shall also include other similar COUNTY approved certified forms from COMPANY or COMPANY's professional employer organization. k. "Relocation of a business" — a business relocating to COUNTY and employing 5 or more full-time employees in the COUNTY. 1. "Target Industry" — An industry identified within the Target Industry List of the Economic Development Element of COUNTY's Comprehensive Plan (Policy 2.5 of the Economic Development Element). 2. Term; Termination. This Agreement shall be effective as of the date of this Agreement stated on page 1 and shall automatically terminate after one of the following has occurred (whichever occurs first), unless terminated earlier by COUNTY because of a Default by COMPANY: a. COUNTY has made the last payment to COMPANY; b. COMPANY did not employ a minimum of 5 new Qualifying Jobs by the Commencement Date, as may be modified; or c. COMPANY failed, for a period of 3 consecutive years (12 quarters), to provide required Quarterly Reemployment Compensation Reports. (RT -6 form) to COUNTY. 3. Grant Eligibility; Payment Schedule: a. COMPANY will be eligible for total Jobs Grant Funding (hereinafter a "Grant") in an amount of up to $35,200 if the COMPANY relocates within the Indian River County / Vero Beach Enterprise Zone. COMPANY acknowledges and agrees that the initial Grant under this Agreement is payable on a re- imbursement basis. The number of jobs estimated to be provided is listed below. Jobs grant payments are dependent upon the number of employees exceeding the company's employment level at the time that this Agreement is approved by the Indian River County Board of County Commissioners, and by the criteria set forth below. (i) For Phase I, 7 new qualifying jobs meeting the wage level in Section 5 of this Agreement shall be provided by the commencement date 1/01/24. For each of the three successive annual periods that those jobs are maintained at the required wage level, COMPANY shall receive the Grant amount for those 7 jobs. (ii) For Phase II, 3 new qualifying jobs meeting the wage level in Section 5 of this agreement shall be provided by the commencement date 04/01/25. For each of the three successive annual periods that those jobs are maintained at the required wage level, COMPANY shall receive the Grant amount for those 3 jobs. -3- ATTACHMENT 1 53 (iii) It is understood that the quantity of jobs proposed above, their annual wages, and dates of hire are estimates. Because of that, the quantity of jobs provided may be less than 10, and the Commencement Date (for Grant tracking) may be extended. Proposed jobs will remain eligible for Grant incentives provided: a. The minimum number of qualifying jobs provided in Phase I is 5. b. The maximum number of jobs eligible for local jobs grant funds for Phases I, and H is 10. c. The maximum extension for a phase commencement date shall be one year. Such commencement date extension may be approved administratively by the County Community Development Director or his designee provided the extension date meets the requirements of Section 3 of this agreement. If any of the 10 eligible jobs proposed for Phases I, and II are created after the Phase II commencement date or, if applicable, after an administratively approved extension to the Phase II commencement date, those jobs shall not be eligible for local jobs grant funds. In no case shall the total Grant exceed $35,200. (iv) Failure of COMPANY to maintain claimed jobs for at least 3 years at required wage levels will result in the reduction of the Grant amount paid to COMPANY, as set forth herein. If, by the end of any of the annual periods, COMPANY has not maintained the total number of claimed jobs required or if COMPANY has provided the total jobs required, but the annual wage for any of those jobs is less than required for that year, the Community Development Department Director, or his designee, will lower the jobs grant award for the respective year by the amount allocated in such year for each job for which the requirements of this agreement are not met. Thus, the total jobs grant award could be less than $35,200 by the end of this Agreement. (v) If COMPANY changes the products or services it provides in such a way that would make COMPANY no longer qualify as a "Target Industry" or if COMPANY relocates outside of Indian River County, COMPANY shall be in Default of this Agreement. COMPANY shall reimburse COUNTY for payments made to COMPANY while COMPANY was not a "Target Industry or while COMPANY was not located within Indian River County." (vi) During the Term of this Agreement, COMPANY shall have a majority (greater than 50%) of its goods and services, attributable to the Indian River -4- ATTACHMENT 1 54 County location, sold or distributed outside of Indian River County. COMPANY shall reimburse COUNTY for payments made to COMPANY while COMPANY did not meet this requirement. b. Performance Evaluation for Payment. Prior to the submittal of COMPANY's 1St Quarterly Reemployment Compensation Report COMPANY shall provide to the COUNTY Community Development Director, or his designee, an employee census and a copy of the Quarterly Reemployment Compensation Report for the Effective Date of this Agreement. That employee census must list employee name, job title, city and state in which the employee lives, annual salary, location where employee works, and date of hire. COMPANY's performance evaluation will be conducted on an annual basis using the information provided on the Quarterly Reemployment Compensation Report (RT -6 form) and COMPANY's quarterly updates to its employee census. Each updated employee census must include the information referenced above plus the date of termination for each employee (if the employee terminates employment with the COMPANY). COMPANY shall supply additional documentation to the Community Development Director, or his designee, in a form acceptable to the Community Development Director, or his designee, showing that positions for which Grant funds will be awarded are filled by people who live in COUNTY or Adjacent Counties. The Grant eligibility determinations will cover one-year periods, with each yearly period beginning and ending as follows: Phase Grant Eligibility Determinations lat 2nd 3'a final Begin End Begin End Begin End I 1/01/2025 12/31 /2025 1/01/2026 12//31 /2026 1/01/2027 12/31/2027 II 1/01/2026 12/31 /2026 1/01/2027 12/31/2027 1/01/2028 12/3112028 (i) Each job must meet the minimum wage requirements specified in this Agreement. Payment of Grant funds shall be made based on the County's current adopted payment calculation methodology (methodology approved by the BCC on 10-24-2017) within forty-five (45) days after the date COMPANY submits the latest Quarterly Reemployment Compensation Report comprising the Annual Job Status Report (as defined in Paragraph 6), and this payment obligation shall survive the termination of this Agreement. Notwithstanding the foregoing, should the date for filing the last Quarterly Reemployment Compensation Report, as described above, not coincide with the date that an eligibility determination is made, COMPANY shall have the right to file a Quarterly Reemployment Compensation Report, in a form substantially similar to a Quarterly -5- ATTACHMENT 1 55 Reemployment Compensation Report, and such Quarterly Reemployment Compensation Report shall constitute the Annual Job Status Report, the filing of which shall begin the running of the forty-five (45) -day period within which payment shall be made. If COMPANY applies for a Qualified Target Industry (QTI) Tax Refund from the State of Florida and if COMPANY has that QTI Tax Refund approved by the State, the Community Development Director or his designee will reduce the Grant amount paid directly to COMPANY for each eligibility determination in an amount sufficient to cover COUNTY's QTI Tax Refund 20% contribution obligation to the State for COMPANY's QTI Tax Refund agreement. The Community Development Director or his designee will submit the 20% payment obligation to the State for placement in the Florida Economic Development Trust Fund. (ii) If at the time of performance evaluation for payment as described in subsection 3.b COMPANY is not current on COUNTY Real Estate and Tangible Personal Property Taxes, COUNTY shall withhold Grant payments for that eligibility determination time period and COMPANY shall automatically forfeit its right to collect Grant payments for that eligibility time period. COMPANY shall remain eligible for any remaining future Grant payments for future eligibility time periods provided COMPANY is current on such taxes referenced above at the time of future Grant eligibility determination time periods. 4. Job Creation Commitment. COMPANY estimates that it will provide 10 new Qualifying Jobs within COUNTY as set forth in Exhibit `B", which is attached hereto and made a part hereof. The exact number of jobs actually supplied and their salaries, however, may vary. Grant funds will be awarded up to a maximum of $35,200. The Grant award will be based on the following: Category* Amount Per Job 75% to 99.99% of Indian River County $3,000 Average Annual Wage 100% to 149.99% of Indian River County $5,000 Average Annual Wage 150% of Indian River County Average $7,000 Annual Wage (or greater) *One average annual wage category will be utilized consistent with Exhibit "D" and the County's current adopted payment calculation methodology. Wage Level Commitment. COMPANY estimates that it will pay 9 employees whose jobs are eligible for a Grant hereunder an annual wage of not less than -6- ATTACHMENT 1 56 $37,840.50, will pay 1 employee an annual wage of not less than $50,454, and will pay 0 employees an annual wage of not less than $75,681.00. The annual wage of the positions will be determined without taking into account the value of any benefits. COMPANY shall, in accordance with the provisions of paragraph 6 below, provide written verification of such wages satisfactory to the Community Development Director or his designee. 6. Annual Job Status. COMPANY must provide the Community Development Director or his designee with Quarterly Reemployment Compensation Reports (Form RT -6) of its business operations within COUNTY on State form RT -6, as amended, a sample of which is attached hereto and made a part hereof as Exhibit "C". COMPANY must also provide the Community Development Director or his designee with quarterly updates to its employee census for employees working at its Indian River County location(s) (see section 3.b. of this Agreement). The cumulative Quarterly Reemployment Compensation Reports required to be filed for the annual period, correlated with each eligibility determination and the corresponding quarterly employee census shall collectively comprise the Annual Job Status Report. Quarterly, COMPANY must also provide the Community Development Director or his designee a signed statement indicating the percent of its total sales/services from the Indian River County location provided outside of Indian River County for the jobs grant payment time period. Starting with calendar quarter 1 in 2024, quarterly reports must be submitted for Grant eligibility determination. Those quarterly reports must be submitted no later than 60 days after the end of each quarter, until the termination of this Agreement. Submittal deadline may be waived by the Community Development Director, for good cause. 7. Default; Termination. Except as set forth herein, in the event that COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, COUNTY may, at its option, terminate this Agreement. 8. Indemnification. COMPANY shall indemnify and hold harmless and defend COUNTY, its agents, servants, and employees from and against any and all claims, liabilities, losses, and/or causes of action which may arise from any negligent act or omission of COMPANY, its agents, servants, or employees in the performance of services under this Agreement. 9. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Indian River County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any -7- ATTACHMENT 1 57 party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Parties hereby waive their right for a jury trial. 10. Lobbyist Certification. COMPANY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for COMPANY, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for COMPANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. It. No Discrimination Certification. COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 12. Attorney's Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 13. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or circumstances, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The COMPANY's failure to maintain its job creation commitment or annual wage level commitment for any one year will result in the decrease of the Grant amount it was scheduled to receive for that year; however, such decrease will not preclude the COMPANY's receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and wage level commitment. 14. Assignment. COMPANY shall not, directly or indirectly, assign or transfer any of its rights or obligations under this Agreement, or any interest therein (the foregoing herein collectively "Transfer"), without the express prior written consent of the Community Development Director. The Community Development Director shall not unreasonably withhold its consent to any Transfer. Any such attempted Transfer without the express prior written Community Development Director consent shall be null and void and may, at the option of the County Community Development Director, be deemed a Default under this Agreement. COMPANY acknowledges and agrees that the Community Development Director has the right, in granting or withholding consent to any Transfer, to consider, among other things, the financial responsibility and business reputation of the proposed assignee or transferee (the foregoing herein collectively "Transferee"); and any other items that -8- ATTACHMENT 1 the COUNTY Community Development Director, in his sole discretion, deems appropriate. If COMPANY seeks the Community Development Director's consent for a Transfer, COMPANY shall submit to the Community Development Director a written request therefore, accompanied by the following documentation: (i) the name, address, and telephone number of the proposed Transferee; (ii) a description of the business and jobs, including wages, to be created in COUNTY; and (iii) a financial statement or other reasonably detailed financial information concerning the proposed Transferee. If the Community Development Director withholds the consent to Transfer, COMPANY may appeal to the County Administrator. If the County Administrator withholds the consent to Transfer, COMPANY may appeal to the Board of County Commissioners. COMPANY acknowledges and agrees that: (a) the County Administrator or his designee, or the Indian River County Board of County Commissioners, has the right to request any additional information deemed necessary to make the decision relating to consent to the Transfer; and (b) if appealed to the Board of County Commissioners such request for a Transfer is expressly subject to the approval of the Transfer by the Board of County Commissioners, and such Transfer shall become effective only when signed by the Transferee and approved by the Board, which consent shall not be unreasonably withheld. The foregoing covenant shall be binding on the permitted successors or assigns of COMPANY. The prohibition on Transfers shall not prohibit a change in the form in which COMPANY conducts business. COMPANY will be released from further liability under this Agreement in the event of an approved Transfer; provided that the COUNTY's consent to any Transfer will not otherwise relieve COMPANY from any pre-existing obligation to COUNTY under this Agreement. 15. Conflict of Interest. COMPANY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes Part III, Chapter 112. COMPANY further represents that no person having any interest shall be employed for said performance. 16. Notices. All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to COUNTY shall be mailed to: Community Development Director Indian River County 1801 27th Street Vero Beach, Florida 32960 and if sent to COMPANY shall be mailed to (or current, official address): 526545 th Street Suite 17 Vero Beach, FL 32967 -9- ATTACHMENT 1 59 17. Entire Agreement. COUNTY and COMPANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 18. No Pledge of Credit. COMPANY shall not pledge COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 19. Public Records. COMPANY shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement, as modified by exemptions in Chapter 288, Florida Statutes. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 21. General. The Background Recitals are true and correct and form a material part of this Agreement. 22. TERMINATION IN REGARDS TO F.S. 287.135: COMPANY certifies that it and those related entities of COMPANY as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, COMPANY certifies that it and those related entities of COMPANY as defined by Florida law are not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if COMPANY is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if COMPANY, 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. 23. 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 -10- ATTACHMENT 1 60 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida has made and executed this Agreement on behalf of COUNTY and COMPANY has hereunto set its hand the day and year above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Joseph H. Earman, Chairman ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk APPROVED: Michael Zito, Interim County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney COMPANY: BY: Typed Name WITNESS: Signature Title: -11- ATTACHMENT 1 61 EXHIBIT "A" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & MAROTECH USA, INC. COMPANY Identification and Information: Application received date: February 21, 2023. COMPANY description: MAROTECH USA, INC. is an existing manufacturer locating to the County that manufactures, markets, and sells Hot Melt Coated Tapes in the packaging industry. COMPANY'S current mailing address: 100. Rue de Naples. Saint-Augustin-de-Desmaures Quebec, G3A2Y2 -12- ATTACHMENT 1 62 EXHIBIT "B" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & MAROTECH USA, INC I. Target Industry Categories eligible for application: COMPANY qualifies for the Jobs Grant Program under the "Manufacturing/Warehouse/Distribution" category. Under the North American Industrial Classification System (NAICS), COMPANY's activities are classified in the category of "Plastics Material and Resin Manufacturing", NAICS Code #325211. H. Employment Commitment: The COMPANY is receiving this Grant based upon its representation that it will bring the following employment opportunities to COUNTY: 1) 9 # of new, full-time employees whose annual wages are between 75% and 99.9% of Indian River County's average annual wage. 2) 1 # of new, full-time employees whose annual wages are between 100% and 149.99% of Indian River County's average annual wage 3) 0 # of new, full-time employees whose annual wages are 150% or greater of Indian River County's average annual wage III. Maximum Potential Grant Amount Category Qualified Jobs Amount per Job Total 75% of county average wage 9 $3,000 $27,000 100% of county average wage 1 $5,000 $5,000 150% of county average wage 0 $7,000 $0 10% additional grant located within Indian River County / Vero Beach Enterprise Zone $3,200.00 Sub -Total Grant Amount $35,200 *The actual amount of the grant will depend upon the actual number of jobs provided and the salary paid for those jobs. In no case shall the total amount of the grant exceed $35,200. As noted in the agreement, incremental payments will be made for qualified jobs based upon phase dates and actual company performance in meeting local jobs grant requirements. FXommunity Development\Economic DevelopmentUNCENTWES & FUNDINGUOBS GRANT PROGRAWACT VE JOBS GRANTS\Marotech USA Inc\Proposed Jobs Grant Agreement - Marotech, Inc.docx -13- ATTACHMENT 1 63 Please save your instructions! ' Quarterly Report instructions (RT 6WRTS-3) are only malled with new accounts or when there are changes. If you misplace your instructions, you can download them from ww.rnyflorida.com/dor65 { . INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS APRIL 4, 2023 LOCAL JOBS GRANT APPLICATION: MAROTECH USA, INC. LOCAL JOBS GRANT PROGRAM Financial incentives for "Targeted Industries" to locate or expand within Indian River County - Policy 2.5 - threshold of 5 jobs or more io. $3,000 for each new position created that pays from 75% to 99.99% of the County's average annual wage ($37,841 to $49,949) ® $5,000 for each new position created that pays from 100% to 149.99% of the County's average annual wage ($50,454 to $75,676) Po. $7,000 for each new position created that pays 150% or more of the County's average annual wage ($75,681) LOCAL JOBS GRANT PROGRAM MAROTECH USA, Inc. is a Packaging Supply Manufacturing Business (making adhesive tapes for packaging) Applicant qualifies for the jobs grant program under the County's "Manufacturing/Warehousing/Distribution" Target Industry Categories v, Location will be in Indian River County LOCAL JOBS GRANT PROGRAM DUE DILIGENCE w Reviewed data available on the Company, its Officers, and Agents Dun and Bradstreet credit/financial report / Corporate registrations and liens search County official records for tax liens, judgments, and pending litigation Public Access to Court Electronic Records (PACER) to search for federal civil and federal bankruptcy actions 5/22/2023 L05 LOCAL JOBS GRANT PROGRAM • ON MARCH 21, 2023, THE ECONOMIC DEVELOPMENT COUNCIL (EDC) MET AND CONSIDERED THE LOCAL JOBS GRANT APPLICATION FOR MAROTECH USA, INC. • THE EDC'S MEMBERS RECOMMENDED THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE LOCAL JOBS GRANT APPLICATION. STAFF RECOMMENDS THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE LOCAL JOBS GRANT OF UP TO $35,200 FOR MAROTECH USA, INC. DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA 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: Revised Outline for Indian River County's Lagoon Management Plan DATE: March 24, 2023 BACKGROUND On June 19, 2018, under Commissioners Matters 14.C.1, the Indian River County Board of County Commissioners (Board) discussed and approved pursing an Indian River County Lagoon Management Plan (IRL Plan). The plan would combine the efforts the County is undertaking through multiple departments including Public Works, Utilities, Parks and Community Development into a comprehensive management plan designed to improve the health of the Indian River Lagoon. On September 7, 2018 County staff entered into a work order with Tetra Tech, Inc. (Tetra Tech) to assist in the development of an IRL Plan Outline laying the foundation for potential water quality projects, restoration projects and education efforts. Staff presented the initial IRL Plan Outline to the Board on May 7, 2019. At that time, recommendations were made regarding the direction of the IRL Plan. Staff incorporated the Board's recommendations into a revised outline, which was presented to the Board on July 16, 2019. During the meeting, the revised outline was not supported by the Board, instead staff was directed to move forward with a Research and Review Phase to identify keyfactors which may be impacting the region of the Indian River Lagoon in Indian River County. Updates on the Research and Review Phase were presented quarterly to the Board. The final update was presented on September 21, 2021. Board direction at that time was for staff to move forward with a new outline incorporating the key factors identified in the Research and Review Phase. DESCRIPTIONS AND CONDITIONS Coastal Division staff worked closely with Tetra Tech to develop the revised outline for the Indian River Lagoon Plan. The layout forthe plan is intended to be similarto the County's 2019 Beach Preservation Plan, so it will be reader -friendly. The plan will identify management strategies and projects supported by the data analyzed during the Research and Review Phase. Measurable metrics will also be included in the document in orderto demonstratethe County's progress towards plan goals. The current revised outline follows an ecosystem approach, incorporating the key factor36 Page 2 Outline for Indian River Lagoon Management Plan April 4, 2023 BCC Meeting discovered during the Research and Review Phase. The Plan outline places the key factors into five focus areas; Coastal, Stormwater, Conservation Lands, Utilities and Community Development. The categories will provide the reader with detailed information on each topic, current projects, upcoming projects and potential projects designed to benefit the Indian River Lagoon. The Plan Development Phase is anticipated to take approximately 9-12 months to complete. During the Plan Develop Phase, Coastal Division staff will continue to gather valuable scientific data for inclusion in the management plan, while filing in data gaps identified in the Research and Review Phase. Staff will continue to seek funding sources to pursue science -based projects to improve the health and resiliency of the Indian River Lagoon and benefit the community. After Plan development and adoption by the Board, the recommendations, goals and objectives written into the IRL Plan will be used to direct future Lagoon efforts for the County. The IRL Plan will work with multiple Indian River County Departments with diverse skill sets, knowledge and abilities to affect change in the Lagoon. The Plan is meant to be adaptive in nature, with updates anticipated to be made every five years to address and reevaluate goals, incorporate new strategies, evaluate current projects and create new recommendations for management strategies. FUNDING Funding is not necessary for the approval of the revised IRL Plan Outline. RECOMMENDATION Staff is requesting feedback from the Board on the revised IRL Plan Outline and is requesting approval to move forward with the Plan Development Phase. If approved, staff will continue to work with Tetra Tech to develop a plan highlighting the key factors identified in the Research and Review Phase, including identifying projects and recommendations for on-going management strategies. ATTACHMENT Revised IRL Management Plan Outline 67 Indian River County Indian River Lagoon Management Plan Table of Contents 1 2. OTETRA TECH Goal: The Indian River County Lagoon Management Plan addresses key factors impacting the health of the Indian River Lagoon through research and the implementation of restoration projects to improve resiliency and conditions for the Indian River Lagoon and citizens of Indian River County...:.: ................................ ......................... Introduction............................................................. ................... .... ......1 . . . A. State of the IRL in Indian River County ......................... ...............:....................................................1 Natural History of the IRL.................................................... ............................................ i Unique Location..................................................................................... ............................ .. ............ .........2 s . j CurrentConditions ........................ ..................... ........................ .........2 B. Plan Funding ...... ............................................... . ...............:... .............................4.61 .... .................2 Coastal.................................................................................................................................................................................3 A. Goals and Objectives.............................................................................................6......:..............................6.,...:........3 B. Key Factors..........................................................................................................................................................3 WaterQuality........................................................................................................... ........................... .......3 HarmfulAlgal Blooms....................................................................................................................................................3 Organicsand Sediments..........................................................................................................................................3 Hydrologyand Hydrodynamics............................................................................................................................3 SeaLevel Rise ...................................................... ............................. ........................ 3 Aquatic Ecosystem Functions and Habitat Use......:.................................:..............................:......:....,.,.....................3 Marinas, Boats and Boat Ramps.............................................:......................................................................6..............4 C. Operational Projects..................................................................................................................................................4 D. Projects Under Construction............................................................................................................::.......................4 E. Upcoming and Funded Projects........................................................................................................:......... .........4 F. Potential Projects.................................................................................. .................. ..:..............................4 4. Stormwater..............................................................................................................................:...............................................4 A. Goals and Objectives.....................................................................................................,. ..........................4 B. Key Factors....................................................................................... .........: ........................4 AnnualRainfall.............................................................. .. ....................................................................4 Basin Management Action Plan..........................................................................................1... ...........................4 BestManagement Practices................................................................................................................. ..5 C. Operational Projects _ I .........................4.... 5 D. Projects Under Construction.....................................................................................................................................5 E. Upcoming and Funded Projects................................................................... .............5 F. Potential Projects...............................................................:..:......:....................................................................:........5 S. . 5. Conservation Lands :............................5 ................................................................................................................................... A. Goals and Objectives..................................................................................................................................................5 Indian River County Lagoon Management Plan Outline i 69 B. Key Factors............................................................................................................................................... ...5 .. Terrestrial Ecosystem Function and Habitat Use (could remove and include in Coastal).......................................5 Islands 6 C. D. E. F. 6. Utilities A. B Operational Projects ................:.;::. .. ...................... .6. Projects Under Construction Upcomingand Funded Projects ..............................,...................... ....................... ................................6 Potential Projects.............................................................. ........................................ ::,:.:,:.:........................................ 6 .........................................................................:,.;:..............................::.::..:..............................:................................... 6 Goals and Objectives .................................................. ....................................:..........................6 KeyFactors.........................................................................................................................................................6 I i Wastewater...................................................................................................................... .. ......................6 + Biosolids...................................................................................................................................................................6 . f Onsite Sewage Treatment and Disposal Systems (OSTDS)........................................... ...........................7 i Water Consumption....................................................................... 7 C. Operational Projects ...............................................................................,........... .... .....................................7 D. Projects Under Construction.....................................................................................................................................7 E. Upcoming and Funded Projects...............................................................................................................................7 F. Potential Projects ............................... . 7. Community Development.................................................................................................................................................7 i A. Goals and Objectives...........................................................................................................................................7 B. Key Factors........................................................................................................... .... ........................................7 LandUse Changes........................................................................................................................................................7 Sustainabilityand Resiliency.......................................................................... .,,. .........................................7 C. Operational Projects....................................................................�,.. ....................8 D. Projects Under Construction ............................... ........................ ..............................8 E. Upcoming and Funded Projects ................................. .....................................................................8 F. Potential Projects .......................................... ...... »................................................................. ».................................... 8 B. References............................................................................... .. ...................................................................8 Indian River County Lagoon Management Plan Outline ii 70 vv �G OTETRA TECH Figures A list of all figures will be included with page numbers for easy reference. Indian River County Lagoon Management Plan Outline iii 71 Indian River County Lagoon Management Plan Outline iv 72 L: z w n t i Indian River County Lagoon Management Plan Outline iv 72 Acronyms and Abbreviations BCC Indian River County Board of County Commissioners IRLMP Indian River Lagoon Management Plan IRL Indian River Lagoon R & R Research and Review Phase FDEP Florida Department of Environmental Protection IRLNEP Indian River Lagoon National Estuary Program SJRWMD St. Johns River Water Management District FWC Florida Fish and Wildlife Conservation Commission FIND Florida Inland Navigational District FEMA Federal Emergency Management Agency FDEO Florida Department of Economic Opportunity NOAA National Oceanic Atmospheric Association FDOT Florida Department of Transportation HAB Harmful Algal Bloom ALA Anchoring Limitation Areas DO Dissolved Oxygen TMDL Total Maximum Daily Load BMP Best Management Practices BMAP Basin Management Action Plan OSTDS On-site Sewage Treatment Disposal Systems OTETRA TECH Indian River County Lagoon Management Plan Outline v 73 1. Goal: The Indian River County Lagoon Management Plan addresses key factors i impacting the health of the Indian River Lagoon through research and the implementation of restoration projects to improve resiliency and conditions for the Indian River Lagoon and citizens of Indian River County. 2. Introduction • On July 16, 2019, the Indian River Board of County Commissioners (BCC) adopted an outline for developing the County's Indian River Lagoon Management Plan (IRLMP). • Research and Review phase o The development of the Indian River Lagoon Management Plan followed a specific process beginning with the research and review phase (R & R). o The research and review phase identified 17 key factors (Table 1), which may be impacting the health of the IRL located within the County. o Staff worked with numerous departments and stakeholders to gather scientific data on the 17 key factors. Through the process, staff consolidated data, identified data gaps and prepared infographicsto disseminate information learned. • Plan Development Phase o Develop the outline for approval by the BCC ■ Write the management plan for managers, stakeholders and citizens ■ Create goals and objectives for the County to manage the region of the IRL ■ Define impacts occurring in our section of IRL • Incorporate strategic management ideas by IRL stakeholders o Indian River County Board of County Commissioners Meetings • Receive input through Board of County Commissioners meetings o Incorporate Research and Knowledge Gaps ■ Define clear priorities for County projects and collaborations ■ Identify research needs for IRL o Create Recommendations for Innovative Projects ■ Multi -pronged objective projects • Partnership projects • Plan Implementation Phase o Implementation will focus on the prioritization and implementation of projects within the IRL. It will discuss plan updates as new research comes to light and data gaps are closed. • The 17 key factors are addressed in the Management Plan, along with the goals and objectives. The IRLMP is a living document, able to be modified based on emerging factors and research. A. State of the IRL in Indian River County Natural History of the IRL Information on the natural history of the Indian River Lagoon and the region will be provided to give the reader a greater understanding of the dynamics of the ecosystem. In addition, it will assist the reader in understanding the changes the ecosystem has experienced. Indian River County Lagoon Management Plan Outline 1 74 Unique Location OTETRA TECH It is importantto provide information on the uniqueness of the Indian River Lagoon in Indian River County, comparing it to other regions of the lagoon to give the reader a better understanding of the widespread and local issues. Some of the unique parameters setting Indian River County apart are listed below: Bordered by inlets Reduced retention time Consistent salinity Watershed and canal system Current Conditions Understandingthe past is important to better understand the impacts the Indian River Lagoon has faced. In addition, it is important to provide the reader with data on the current conditions of the Lagoon as a whole and those specific to the IRL in Indian River County. This would include information on water quality, habitat fragmentation and seagrass. B. Plan Funding Represents a portion of grant funding sources available and is by no means a comprehensive list. As new funding sources come available they will be added to the list. Funding Sources for Research o Florida Department of Environmental Protection (FDEP) Grants o Indian River Lagoon National Estuary Program (IRLNEP) o St. Johns River Water Management District (SJRWMD) o Protecting Florida Together Resilient Florida Planning Grant o Additional funding opportunities are welcome, including research partnerships with universities and research entities. Funding Sources for Projects o FDEP Grants o FWC Derelict Vessel Removal Grant Program o Derelict Vessel Grant Florida Inland Navigational District (FIND) Cost Share Grant o FIND Grant Program o Cooperative Assistance Program Florida Inland Navigational District (FIND) o Small -Scale Spoil Island Restoration and Enhancement Program o Building Resilient Infrastructure and Communities grant through Federal Emergency Management Agency (FEMA) o IRLNEP o SJRWMD o Florida Department of Economic Opportunity (FDEO) o Protecting Florida Together Grants o National Oceanic and Atmospheric Association (NOAA) Transformational Habitat Restoration and Coastal Resilience Grants o Florida Department of Transportation (FDOT) o Restore America's Estuaries (RAE) National Estuary Program Coastal Watershed Grant o Restore America's Estuaries National Estuary Program Watershed Grant o Additional funding opportunities are welcome, including research partnerships with universities and research entities. Indian River County Lagoon Management Plan Outline 2 75 3. Coastal A. Goals and Objectives Each section begins with a list of the goals and objectives. OTETRA TECH B. Key Factors R Water Quality Information on water quality and its influence on the Indian River Lagoon will be provided to tie reader. The topic j area will include cover water quality parameters and trends. How water quality'tata is collected and used by the e County and State with a focus on state and federal water quality regulations. Finally, it will cover water quality impacts nutrient loading events on the IRL system leading into the next section on HABs. Harmful Algal Blooms h'. This area will discuss the impacts of algal blooms and the history of algal blooms in the IRL with a focus on Indian River County. What is a harmful algal bloom (HAB)? What causes an algal bloom? Breaking down algal blooms by type, including information on macroalgae. Concluding with information on the HAB Response Plan for the County. Organics and Sediments This area will provide details on the components of muck, how muck is formed in the IRL and its impacts on the ecosystem. This will include information on muck as a source of nutrients to the lagoon, options for muck management and the prevention of muck formation in the IRL. In addition, it will include information on the data gaps regarding muck in Indian River County and how to fill those gaps. Hydrology and Hydrodynamics The reader will gain a better understanding of hydrology and hydrodynamics of surface water with a focus on the region of the IRL in IRC. It will cover historical and current information for the Lagoon and what those changes have meant to the ecosystem. Sea Level Rise Data on sea level rise will provide the backbone for the section. This section will focus on sea level rise in the IRL, more specifically within the County. Information will be provided on the vulnerability of the IRL to sea level rise, impacts to the ecosystem and homeowners. Aquatic Ecosystem Functions and Habitat Use Ecosystem function and habitat use will provide details on the habitats found within the IRL watershed. This section will highlight various species within the IRL watershed and how lagoon health impacts habitat and the associated species. This is vital information, because the reader must look at the IRL as a functioning ecosystem with negative R and positive implications on species health and human health. In addition, it is necessary to highlight endemic species, which depend on the IRL ecosystem for survival. Indian River County Lagoon Management Plan Outline 3 76 OTETRA TECH Marinas, Boats and Boat Ramps Marinas, boats and boat ramps will provide details on the various boating resources located within the County. The section will discuss information on The Clean Vessel Act and the Clean Marina Program, while providing information on marine sanitation devices and other clean boating practices. Along with these resources, this section will educate l citizens on Florida laws and local government regulations, pump out locations, derelict vessels and Anchoring Limitation Areas (ALA). The section will be divided into management and education for boaters and marina . operators. C. Operational Projects A list of all operational projects with associated cost and benefits. D. Projects Under Construction A list all projects currently under construction with associated costs. E. Upcoming and Funded Projects List all projects which are currently funded and will be implemented in the near future with associated costs and funding sources. F. Potential Projects List all potential projects in each category with a focus on benefits to the Lagoon and community. 4. Stormwater A. Goals and Objectives Each section begins with a list of the goals and objectives. B. Key Factors Annual Rainfall Rainfall on the IRL will include historical data, along with trends. The section will provide the reader with information on the influence rainfall has on the IRL, which will include information on salinity, dissolved oxygen (DO) and sediment transport. Stormwater is a major source of freshwater inputs to the IRL. This section will include information on the watershed of the IRL. It will cover changes to the watershed through development in the region. Basin Management Action Plan The section on the Basin Management Action Plan (BMAP) forthe Central Indian River Lagoon will provide information on the requirements, Total Maximum Daily Loads (TMDLs), and management actions recommended for this region of the IRL. It will cover actions taken by the County to meet these requirements and the timeline in place to meet nutrient reductions. Indian River County Lagoon Management Plan Outline 4 77 O TETRA TECH `Ltmiv' Best Management Practices What are Best Management Practices (BMPs)? What BMPs are in place and required by the EMAP? What methods are in place to enforce and educate on BMPs relating to stormwater? This area of the plan will cover Best Management Practices, discussing all aspects related to the BMAP as well as BMPs which can be implemented by businesses and homeowners. Emphasis will be placed on the stormwater parks and the efforts to remove plant material and nutrients before reaching the IRL. It will conclude with educational information for people along the IRL, including the fertilizer ordinance. C. Operational Projects A list of all operational projects with associated costs and benefits D. Projects Under Construction A list all projects currently under construction with associated costs. E. Upcoming and Funded Projects List all projects which are currently funded and will be implemented in the near future with associated costs and funding sources. F. Potential Projects List all potential projects in each category with a focus on benefits to the Lagoon and community. 5. Conservation Lands A. Goals and Objectives Each section begins with a list of the goals and objectives. B. Key Factors Terrestrial Ecosystem Function and Habitat Use (could remove and include in Coastal) Ecosystem function and habitat use was discussed in the Coastal Section of the management plan. However, it is important to highlight the ecosystems found within conservation lands and how their protection benefits the IRL. Conservation lands will include information from the County's Conservation Lands program, SJRWMD and other protected lands found within the IRI -watershed. Conservation lands will include improved lands and lands conserved to reduce habitat loss. Furthermore, this area will discuss management strategies currently in place, best management practices at parks and recreation areas, as well as strategies for the community to help protect the Lagoon. Indian River County Lagoon Management Plan Outline 5 78 Islands OTETRA TECH As part of the conservation lands section, it is necessary to provide information on natural and spoil islands within the IRL. Several natural islands are located within Pelican Island National Wildlife Refuge and Indian River County Conservation Lands program. Spoil islands are managed under the Florida Department of Environmental Protection's Indian River Lagoon Aquatic Preserve. The section will provide information on the importance of both natural and spoil islands and current management strategies. C. Operational Projects A list of all operational projects with associated costs and benefits. D. Projects Under Construction A list all projects currently under construction with associated costs. E. Upcoming and Funded Projects List all projects which are currently funded and will be implemented in the near future with associated costs and funding sources. F. Potential Projects List all potential projects in each category with a focus on benefits to the Lagoon and community. 6. Utilities A. Goals and Objectives Each section begins with a list of the goals and objectives. B. Key Factors Wastewater A section on wastewater was not included in the research and review phase. However, it is necessary to highlight wastewater treatment, including important advances and regulations designed to benefit the Indian River Lagoon. This section will cover historical wastewater issues impacting the Lagoon, transitioning into current wastewater treatment methods and the benefits. Finally, it will provide information on research and advancements in wastewater treatment. Biosolids Biosolids is an important topic for the IRL, other bodies of water, human health and agriculture. Bioso lid categories will be defined, providing information on the processing procedures of each category. Concerns regarding biosolid application, current restrictions and data on biosolid application. Indian River County Lagoon Management Plan Outline 6 79 Onsite Sewage Treatment and Disposal Systems (OSTDS) OTETRA TECH The components and function of onsite sewage treatment and disposal systems will be provided to the reader. Issues relating to septic systems and their potential impacts on the IRL will provide information to the reader on the benefits of septic system updates and conversions within the watershed. The County's septic to sewer conversions, past and present will be highlighted. Water Consumption This section will provide information on trending water quantity issues and consumption in Florida with a focus on the region of the Central IRL. Provide information on education and out -reach on water conservation. It will include water consumption use by category and future considerations. C. Operational Projects A list of all operational projects with associated costs and benefits. D. Projects Under Construction A list all projects currently under construction with associated costs. E. Upcoming and Funded Projects List all projects which are currently funded and will be implemented in the near future with associated costs and funding sources. F. Potential Projects List all potential projects in each category with a focus on benefits to the Lagoon and community. 7. Community Development A. Goals and Objectives Each section begins with a list of the goals and objectives. B. Key Factors Land Use Changes Land use changes will follow the historical and current land use within Indian River County, with an emphasis on impacts to the I RL. Current land use will identify the different types of use within the County, including development, agriculture and shoreline hardening. The section will list various County ordinances, permit requirements and state permit requirements for development. Sustainability and Resiliency What is sustainability and resiliency? How does it benefit the IRL? The section will highlight pressures on the IRL, which have impacted resiliency within the ecosystem, as well as strategies to bolster resiliency. Indian River County Lagoon Management Plan Outline 7 80 C. 0, E. F. Operational Projects A list of all operational projects with associated costs and benefits. Projects Under Construction A list all projects currently under construction with associated costs. Upcoming and Funded Projects OTETRA TECH List all projects which are currently funded and will be implemented in the near future with associated costs and funding sources. Potential Projects List all potential projects in each category with a focus on benefits to the Lagoon and community. 8. References References included in the document will be cited at the end of the document. Indian River County Lagoon Management Plan Outline 8 81 0 TETRA TECH 1353 N Courtenay Pkwy, Suite S, Merritt Island, FL 32953 tetratech.com (321) 961-5627 Tetra Tech is Leading with Science* to provide innovative, sustainable solutions that help our clients address their water, environment, infrastructure, resource management, energy, and international development challenges. We are proud to be home to leading technical experts in every sector and to use that expertise throughout the project life cycle. Our commitment to safety is ingrained in our culture and at the forefront of every project. We combine the resources of a global, multibillion -dollar company with local, client -focused delivery. tetratech.com Indian River Lagoon Plan Outline Public Works Department Coastal Engineering Division April 4, 2023 • June 19, 2018 Commissioner Matters 14.C.1 approved pursuing an Indian River County Lagoon Management Plan. • Coordinated efforts of multiple County departments to maximize efforts. • Public Works (Coastal and Stormwater) • Utilities • Conservation Lands • Community Development 5/22/2023 �'Z- 1 • Staff entered into a work order with Tetra Tech on September 7, 2018 to assist the County in the development of the Plan. • Initial outline was presented to the Board on May 7, 2019. • Staff incorporated recommendations made by the Board and Public • Revised outline was presented to the Board on July 16, 2019. • Staff was directed to move forward with the Research and Review Phase • Research and Review Phase • Provided quarterly updates to the Board • The Board approved 17 key factors • Completed September 21, 2021 • Staff and consultants have worked to prepare the following outline 5/22/2023 S2 2 Introduction • State of the Indian River Lagoon • Natural history of the IRL • Unique location • Current conditions • Plan Funding Five Focal Areas • Coastal • Stormwater • Conservation Lands • Utilities • Community Development 5/22/2023 • Water Quality • Water quality is a major indicator of the health of the Lagoon. • Harmful Algal Blooms (HABs) • Not all algal blooms produce toxins, but algal blooms can be harmful to the ecosystem of the Lagoon. 1 .. 3 • Organics and Sediments • The accumulation of fine grained sediments, organic material and nutrients entering the Lagoon through stormwater run-off has led to black, muddy sediments with high water content, referred to as muck. • Hydrology and Hydrodynamics • The hydrology and hydrodynamics of the Indian River Lagoon have changed over time as development has influenced the natural flow of the system. Sea Level Rise • The ecological implications for sea level rise will include impacts to seagrass and the loss of marshes and mangrove habitat. Ecosystem Functions and Habitat Use • The IRL is home to more than 4,000 species of which 53 are listed as threatened or endangered. Marinas, Boats and Boat Ramps • With over 10,000 boats registered in the County, boating best management practices and boater education are important to protect the IRL ecosystem. • Annual Rainfall • Rainfall is a major contributor of freshwater runoff to the IRL with an average of 52 inches per year in IRC. 5/22/2023 • Basin Management Action Plan (BMAP) • IRC is located within the Central Indian River Lagoon Basin Management Action Plan, a blueprint for restoring impaired waters. • Best Management Practices (BMPs) • BMPs are practices deemed to be an effective and practical means to prevent or reduce water pollution. • Islands • The Lagoon has natural and spoil islands, which are important habitats for terrestrial organisms within the IRL watershed. • Wastewater • Every drop of water down the drain must be treated and ultimately discharged. • Biosolids • Biosolids are the material remaining after the treatment of domestic sewage sludge. • Onsite Sewage Treatment and Disposal Systems (OSTDS) • OSTDS are underground wastewater treatment structures used in areas not connected to centralized sewer. 5/22/2023 V.;- 5 • Water Consumption • Water conservation efforts are important to the long-term health of the Lagoon. • Land Use Changes • Determining past and future land use changes are important in understanding current issues in the Lagoon and determining resiliency for the future. • Sustainability and Resiliency • Sustainability and resiliency are proactive steps the County should factor in when creating projects and updating existing infrastructure to ensure the future of the Lagoon. • 18 Months COMlpleted' • Quarterly Updates '" • 17 Key Factors Review A JrL 42 • Plan Development In Proess • Fill Data Gaps/Update Research • 9-12 Months for Draft Plan Review Development • Present Completed Plan to the Board Future • Implement Plan • Implement Restoration and Management Strategies Phase• Monitor Progress 5/22/2023 r:. 7 • Sections • Coastal • Goals and Objectives • Water Quality • HABs • Organics and Sediments • Hydrology and Hydrodynamics • Sea Level Rise • Aquatic Ecosystem Functions and Habitat Use • Marinas, Boats and Boat Ramps • Operational Projects • Projects Under Construction • Upcoming and Funded Projects • Potential Projects • Stormwater • Goals and Objectives • Annual Rainfall • Basin Management Action Plan • Best Management Practices • Operational Projects • Projects Under Construction • Upcoming and Funded Projects • Potential Projects • Conservation Lands • Goals and Objectives • Terrestrial Ecosystem Function and Habitat Use • Islands • Operational Projects • Projects Under Construction • Upcoming and Funded Projects • Potential Projects • Utilities • Goals and Objectives • Wastewater • Biosolids • Onsite Sewage Treatment and Disposal Systems • Water Consumption • Operational Projects • Projects Under Construction • Upcoming and Funded Projects • Potential Projects • Community Development • Goals and Objectives • Land Use Changes • Sustainability and Resiliency • Operational Projects • Projects Under Construction • Upcoming and Funded Projects • Potential Projects 5/22/2023 Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: March 13, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Howard G. Richards, PE, Manager— Capital Projects Subject: Work Order No. 9 to Atkins — North County Inline Pump Station Evaluation Background/Analysis: The Indian River County Department of Utility Services (IRCDUS) manages over three -hundred and forty (340) lift stations that pump wastewater collected throughout the county to three (3) regional wastewater treatment facilities (WWTFs). Some lift stations function as master stations that receive incoming flows from other lift stations that are "repumped" towards the designated regional WWTF. In parts of the north region of the county, wastewater collected is transported to the decommissioned North WWTF, where it is repumped to the Central WWTF for treatment and disposal of the reclaimed water. It is anticipated that increases in wastewater flows, due to continued regional growth, will increase risks of unacceptable odor levels and corrosion potential to surrounding areas, stress on the receiving tank, and operational flexibility of the repump system at the North WWTF. It is prudent to address these risks within the short term to meet increases in current and future growth of the north region. IRCDUS staff desires to utilize the services of Atkins under the Continuing Consulting Engineering Services Agreement for Professional Services dated April 17, 2018, amended and renewed on May 18, 2021, to provide engineering and program management services through completion of construction for a new inline pump station at the North WWTF. This work order (WO) is to complete the first step, which is to evaluate future flows and operating conditions to develop the design basis and operating scenarios for the new pump station. Upon request by staff, Atkins provided a proposal for the services to be provided for a fee of $83,433.00. Funding: Funds for this project are derived from capital funding. Capital fund revenues are generated from impact fees. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities. Expenses in the amount of $83,433.00 for this project will be recorded in the Impact Fee/WIP/North Co Inline Pump Station account, number 472-169000-23505. Departmental Item ACCOUNT NAME I ACCOUNT NUMBER AMOUNT Impact Fee/WIP/North Co Inline Pump Station 1 472-169000-23505 $83,433.00 Recommendation: Staff recommends that the Board of County Commissioners approve Work Order No. 9 to Atkins to provide professional services for the North County Inline Pump Station Evaluation in the amount, not to exceed, of $83,433.00, and authorize the Chairman to sign on their behalf. Attachments: • Work Order No 9 with Atkins CCNA 2018 WORK ORDER 09 North County Inline Pump Station Evaluation This Work Order Number 09 is entered into as of this day of , 202 pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement") and amended and renewed on the 18th day of May, 2021, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Atkins ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work) attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order all in accordance with the terms and provisions set forth in the Agreement. Pursuant to Paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Print Name: Chris Rader, PE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman Title: Sr. Division Manager BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Michael C. Zito, Interim County Administrator Dylan T. Reingold, County Attorney :R North County Inline Pump Station Evaluation IRCDUS PID 21-23010 Background Increases in current and anticipated future growth in the north end of the County's service area have resulted in the need to address the replacement of the master lift station for this area, Lift Station 203. In October 2022, Indian River County Department of Utility Services (IRC) requested that Atkins provide technical services to evaluate the option of replacing the existing master pump station, Lift Station 203, with an above -ground booster pump station, Capital Improvement Project Identification Number (PID) 21-23010. Lift Station 203 is located at the decommissioned North Wastewater Treatment Facility (WWTF) and consists of two submersible pumps located in the equalization tank that was part of the abandoned North WWTF. The equalization tank is open to atmosphere, causing major odor issues, and there is concern about the structural integrity of the concrete tank. For these reasons, Lift Station 203 is considered unsuitable for expansion or rehabilitation. Figure 1 shows the existing pump station and tank configuration. Figure 1. Lift Station 203 at the North WWTF IRC would like to replace the deteriorating existing pump station with an in-line above -grade wastewater pump station similar to the configuration of IRC's Lift Station 89. The new pump station will address the increase in pump station capacity as well as the odor issues associated with the current pump station. Lift Station 203 functions as a master pump station, collecting flows from three areas. From the north, there are 59 lift stations that feed into a 24" force main which reduces to a 12" force main 1 ExhibitA 1�TK1 N� IRC North County Inline Pump Station Evaluation just north of the EQ tank (to take advantage of an existing pipe at the abandoned North WWTF). The next area sending flow is a lift station located at the IRC's North Water Treatment Plant that transfers waste through a 6" force main that connects to the 12" force main just ahead of the EQ tank. From the west, flows from Fellsmere and SR 510 feed into a 12" force main that empties directly into the EQ tank. The total flow into the EQ tank is approximately 2 million gallons per day (mgd). Lift Station 203 transfers this wastewater directly to IRC's Central Wastewater Treatment Facility (WWTF). The Atkins team will assist IRC Staff in the review of the hydraulics of the existing collection system, verify the design criteria for the master pump station, and determining a location best suited for efficient operations and maintenance of the facility. The results of the activities will be discussed in a series of Workshops with a goal of finalizing the path forward for meeting the requirements for the pump station. Scope of Services This Scope of Services is for technical services associated with determining the replacement options for Lift Station 203. Upon Notice to Proceed, the Atkins Team will provide professional services associated with the investigation into replacement options, culminating in a series of Workshops to document the recommendations and decision processes. Task 01 Project Management This task consists of overall management of the Project including contract administration, budget management, invoicing, monthly status reports, project scheduling, facilitating and coordinating internal design meetings, and coordination with the Atkins's subconsultants. It is anticipated that Atkins will facilitate three in- person meetings with Staff to conduct field visits, review draft concepts and to receive review comments. In addition, the Atkins Team will facilitate up to four monthly project progress meetings with the County, including scheduling, preparing agendas and distributing meeting minutes. Deliverables: Invoices, meeting and Workshop coordination, facilitation of meetings and Workshops, meeting agendas and summaries. Task 02 Data Collection The Atkins Team will collect and review data and information provided by the County for the work to be completed and request any information that may be missing. Any information provided by IRC in hard copy will be scanned for project use. The hard copy along with an electronic version will be returned to the County for their records. A summary of the anticipated data is listed below. • Existing In -Line Booster Station As-Builts, including wetwell and float settings • Existing Pump 0&M Manuals, including pump curves • Existing Force Main As-Builts • Roadways and Utility Data in Proximity 2 ExhibitA IRC North County IhIlne Pump Station Evaluation A i 4 • New infrastructure added since the 2015 Wastewater Hydraulic Model update, including pipe and valves • GIS shapefiles of the collection system • Projected wastewater flows that are anticipated in the LS 203 basin such as planned unit developments, commercial/industrial developments and/or populations projections. • New lift station operations (pumps on/off) • Previous Geotechnical Reports, Condition Assessmeo%-:Or other studies performed within the abandoned North WWTF site. • Operational SCADA data for all lift stations in Lift Station 203 basin showing pumping start times, durations, and flow rates (15 -minute intervals). Deliverables: Data request memo. Task 03 Hydraulic Evaluation The hydraulic model of the existing collection system will be updated to the latest software version and any new lift stations and piping will be added. Existing flows will be updated in the model based on geocoded water demands, pump station flows, and influent flows at the Central WWTF. Current peaking factors will be determined through evaluation of SCADA data. Future flows through 2045 for Lift Station 203 will be determined by review of anticipated future development and anticipated land use plans. The results of the modeling effort will be summarized and presented in a Workshop with the County for verification of results with actual field operations. Following the meeting, the model will be updated to address County comments. The model will then be utilized to determine the anticipated range of flowsiland pressures required for the new pump station. System curves will be created for use, in. pump selection. Along with Workshop meeting notes, tables and figures summarizing the results from the finalized model will be submitted to the County for their r&ords. Deliverables: Workshop with County Staff to discuss and verify the results of the updated model. Workshop summary, including final model tables and figures. Task 04 Equipment Selection and Operations The Atkins Team will utilize the results of the hydraulic model to determine the capacity of the proposed lift station and determine if an emergency wet weather bypass system is required. To meet the anticipated need for bypass during extreme weather, a bypass to the equalization tank has been considered. Pending hydraulic model results, the volume and frequency of bypass operations will be better understood and the potential operations for bypass and recovery cern be addressed. Atkins will facilitate a Workshop to discuss options with County.Stalff, and finalize_ _ pump station operations. The results of the Workshop will be documented in a meeting summary. Atkins will contact pump vendors to discuss the intended 3 ExhibitA+ IRC North County Inline Pump Station Evaluation ATKINIS operation of the pumps and verifypump; motor and dire selections. Preliminary Cost f Proposals from vendors will.be requested and provided to the .County Deliverables: Workshop with the County. to review pump station. design criteria,: # including bypass. capacity and: operations. Workshop. summary and vendor cost proposals. Task 05 Pump Station Sitingand Preliminaiylayout Atkins will determine pump station. compenents; including booster pumps, drive types, piping configurations, backup generator and fuel `tank, and control room based on the decisions made at the Pump.OperationsWorkshop,: Atkins will .review options for utilizing portions of the abandoned North WWTF to house components of the pump station such as the electrical room and control room. A:draft layout will be discussed with IRC Staff in a virtual meeting prior to creating a preliminary site plan that includes.the proposed yard piping, new pump station.and associated. components including bypass operations. A conceptual site plan will be submitted to the County via email. Deliverables: Submittal of a draft conceptual site plan, followed by a virtual meeting to discuss County comments. An updated site plan will be submitted to the County via email. Deliverables - Task Deliverable 1:Invoices, Status Reports, Meeting Agendas and Summaries ; 2 Data Request Memo 3 Hydraulic Model Workshop Presentation and Meeting Summary 4 Pump Station Operations Workshop Presentation and Meeting Summary 5 Draft Preliminary Site Plan and Review Meeting Agenda and Summary. Schedule The anticipated schedule shown below is based on the weeks after the formal issuance of the signed Work Order and a Notice to Proceed by the County: Task.. Duration from NTP Project Kick -Off Meeting and: Site Visit 2 weeks Begin Data Collection I Hydraulic Modeling Workshop 2 weeks 8 weeks Pump Station Operations Workshop. 10 weeks 1 Draft PreliminarySite Plan Virtual Meeting g Finalize Site Plan 12 weeks 16 weeks . 89 ExhibitA IRC North County Inline Pump Station Evaluation Quality Control Atkins will be responsible for the professional quality of all deliverables. This shall include an internal Quality Assurance Plan that, as a minimum, provides review of all deliverables and significant calculations by another qualified professional that was not responsible for preparing the deliverable or calculation. Assumptions The following assumptions have been made in the development of this scope of work, schedule, and fee: General • No survey or geotechnical services are required as part of this conceptual design. • The record drawings, "as-builts," calculations, operational data, and information pipeline, booster station and I&C system are available and will be furnished to Atkins. • The design will be based on the federal, state, and local codes and standards in effect at the start of the project. Any changes in these codes may necessitate a change in scope. • The drawings will follow Atkins CAD standards. • Attendees of the review meetings are designated as decision makers. • Data requests will be addressed within five (5) calendar days. • FDEP permitting is not required for this conceptual design. No permitting support or fees are included in this scope. • No architectural or structural design efforts are required for this evaluation. • No electrical or controls design efforts are required for this evaluation. • No technical memorandum or evaluation summary will be provided beydnd a summary of each Workshop. Existing Conditions/ Scope of Work • The existing electrical feed to the pump station will be sufficient for any increase in power required for the new pump station equipment. This will be verified during the next phase of this project to allow adequate time for external coordination, if required. • Landscaping will not be included in this project. • Right-of-way engineering and acquisition services are excluded. • Neighborhood or community meetings are excluded. • Additional meetings not described or accounted for in the Services identified above. • The location of subsurface improvements such as underground utilities are not included in this proposal. Technical • An overall hydraulic profile is not required for this project. 0 •E ExhibitA IRC North County Inline Pump Station Evaluation • Updates to the 2015 wastewater hydraulic model will be required for Lift Station 203 Basin. Other updates to the hydraulic model are not included in this scope but may be recommended for future phases. • The hydraulic capacity of Lift Station 203 will be verified for current operation. Future capacities will be determined for the 2030 and 2045. Capacities between these modeled scenarios will be extrapolated from the model results for those years. • Field calibration of the hydraulic model is not included in this scope but may be recommended for future phases. • No site civil work beyond conceptual connections to the on-site force mains will be required as part of this phase of the project. No survey activities are included in this scope. Exclusions With the exception of the update to the hydraulic model of the Lift Station 203 Basin, the activities associated with this Work Order are conceptual in nature, intended to clarify the ability to create an in-line wastewater booster pump station and potential bypass operation at this location. Information created and provided under this Work Order is intended as a guide for use in performing the design and construction of the new master pump station. Compensation Atkins proposes to perform the work described in Tasks 1— 6 on a Fixed Fee basis with budgets between the sub -tasks and expenses being interchangeable as needed. The estimated total engineering fee including labor and expenses associated with the scope of work is not to exceed $83,433 as summarized in the table below and presented in detail in Exhibit B. Task No. Task Fee 1 Project Management Data Collection Hydraulic Evaluation, Tables & Figures $17,030 2 $ 8,500 . 3 $ 25,801). 4 Equipment Selection and Operations $ 14,580 5 Pump Station Siting. and Prelimina y1ayout $16,192 6 Expenses $ 1,331:. Total Fee - $ 83,433 ..6 91 UN 9 FA 1 LI i Exhibit B Cost Detail 92 ATKINS' f Member of the SW-Uwatfn Group I Cost Proposal - Detail IRC LS 203 Replacement Evai Indian River County ... . Submittal Date:':::. i '. Mar -M-2023 I Task# Resource Description Om Rata tJMt Qty Extended. Prica. f Category Pool 1 Project Management and Meetings Labor i Sr. Project Manager Home 220.00 Hr 44.0 9,680.00 . Sr Engineer 11 Home 165.00 Hr 220: 3,630.00 Project Controls Manager Home 150.00 Hr 12.0 1,800.00 f �_-__ LaborTotal T$' : 15,110 Subcontract & Consuftents KMAC Consulting 1.0 - 1,920.0 ... 1,920.00 Subcontract and Expenses Total 1,920.00 - 1 Protect Management and Meetings Total 1T,030.00 2 Data Collection Labor Sr. Project Manager Home 220.00 Hr 12.0 2,640.00 Sr Engineer II Home 165.00 Hr 20.0 3,300.00 E { Labor.TbUll 3Y 5,940.00 Subcontract & Consultants 2,560.0: 2,560.00 KMACConsulting -: 1:0 - 2,5600 2,560.00 1 Subcontract and Expenses Total ET Data Collection Total $,500.00 3. Hydraulic Evaluation i Labor 3 Sr. Project Manager Home 220.00 Hr 16.0 (3320.00 : 1 Sr Engineer 11 Home 165.00 Hr 40.0 6,600.00 Submittal Date: ` Mar -08-2023 I Task# Resource .Description � Uak . O/H .. Rate . .. Qty Extended, Price CateSory Pool h is i 10,120.00. bor Total 56 .:. 15,590.00 Subcontract & Consultants KMAC Consulting 1.0 15,690.0 15,680:00. i 15,69000 ----------- Sutiaontract aW Expenses Total 3 25,800.00 Hydraulic Evaluation Total a , 4. Equip Select and Oper. Labor I Sr. Project Manager Home 220.00 Hr 26.0 5,720.W Sr Engineer 11 Home 165.00 Hr 44.0 1,260.00 ( Labor Total _ 70 12,990.00 i SAcontract & ConsukaMs 1,60000 KMAC Consulting 1.0 w E ::. 1,600.0 .. 1,600:00 i 1,600.00 S Subcontract and Expenses Total 4 : 14,580.00: i Equipaelect and Oper. Total : . .::. S. PS Siting and:Layout Labor I Sr. Project Manager Home 220.00 Hr 160 3,520.00 Sr Engineer II Home : 165.00 Hr 32:0 5,280.00 1 Sr Designer II Home 154.{10 Hr 411110: 7,392.00 Labor Total 16,192.00' 3i; 5 PS Siting and Layout Total 16,132:00 h Total Extended Price 83,433.00 KIN: I Member of the StdG-Lavelin (3t9up Cost Proposal - Detail IRC LS 203 Replacement Eval Indian River County Submittal Date: ; ::. Mar-0&2023 Task# . qty Extended Price. Resource Description Ojiif RstDe Unit Category .. . Poo. . P061 I 6 6. Expenses 250A0 sIlil}QO wact a Consaltanu :. KMAC Consulting 1.0 .. 210.0 250A0 i 9131.00 G Travel Mileage _ 0.665 .1,400.0 931.A0 + Tolls _ . 1,0 .. - :. 150.0.. 50.00. x00.00 ODC5 11UNLO Copies & Prints 1.0 :. 1`00.9 ;;. 100.00 Subcontract and Expenses Total 1,$31.00 • I o 1� Expenses Total Total Extended Price 83,433.00 Exhibit C Time Schedule Task Duration from NTP Project Kick -Off Meeting and Site %isit 2 weeks Begin Data Collection 2 weeks . Hydraulic Modeling Workshop 8 weeks Pump Station Operations Workshop 10 :weeks Draft Preliminary Site. Plan Virtual Meeting 12 weeks . Finalize Site Plan 16 weeks 5/22 a IV Background— i 2 ... �� 1: .. � ... -_ i Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney kli� County Attorney's Matters - B. C C .4.4.23 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: March 29, 2023 SUBJECT: Opioid Settlement Proceeds ATTORNEY BACKGROUND. On June 15, 2021, the Indian River County Board of County Commissioners approved a proposed Memorandum of Understanding ("MOU") with the State of Florida Attorney General's Office that serves as the allocation agreement between the State of Florida and the local governments on the settlement of various opioid cases. As part of the MOU, money would go into a City/County Fund, a Regional Fund and a State Fund. In December 2022, Indian River County received $139,604.16 from the State of Florida for its portion of the City/County Fund. I had a conversation with Janna Barineau, Senior Operations Manager, with the Attorney General's Office on March 8t' and was told that Indian River County should also anticipate receiving roughly $158,000 as a one-time payment as part of the Walmart opioid settlement in the next 30 to 90 days. She also stated that Indian River County should expect to receive year 2 funds in the amount of roughly $140,000 in August or September. Earlier this year, the County Attorney's Office reached out to the Sheriff's Office and the Emergency Service District with respect to proposed uses of the funds that were received in December. The Sheriff s Office was interested in using funds for addressing opioid use disorders in the jail. The Emergency Services Director recommended using funds for the Substance Abuse Center and the Mental Health Association and also using funds to assist the District with the increased cost of drugs used to resuscitate opioid overdose victims, along with enhanced training opportunities for the District crews. On February 24, 2023, the issue of the use of the funds was discussed at the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse ("Council") meeting. Although there was not a quorum, the Council discussed the use of funds for expanded programs and facilities at the jail to treat inmates with substance abuse problems. It was also suggested using funds for a new device that could scan substances inside of sealed packages, avoiding the need for law enforcement to open the packages and expose themselves to dangerous drugs. And funds could be used to increase accessibility to the drug court and the hiring of a screener who could meet with clients at the time of intake to determine who is eligible for the various problem -solving courts. Finally, the Council discussed the Sheriff's Office need for Narcan (a medication used to reverse or reduce the effects of opioids) in auto -injectors, citing the difficulty of using nasal applicators on some people deputies encounter. (� C: IGr=kwTegi W_WJITww121cfcd04-1760-452J-M4"3J6051WIc3.dw 98 Board of County Commissioners March 29, 2023 Page 2 It is important to note that per my discussion with Ms. Barineau the City of Sebastian has not entered into an agreement with the State with respect to the non-Walmart settlement agreements. She informed me that since Sebastian has not signed the agreements and is over 10,000 in population, the money allocated to Sebastian will not come to our community. She told me that the City of Vero Beach has signed the agreements and that the City of Fellsmere, Town of Indian River Shores and Town of Orchid had not, but due to their size their allocation automatically transfers to the County. Since the conversation with Ms. Barineau, it is my understanding that the City of Sebastian has verbally commited to County staff to signing the agreements. FUNDING. Upon the Board of County Commissioners approving a spending plan, a budget amendment will be submitted allocating the funds. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners provide guidance as to the use of the opioid settlement funds, which could include using funds for 1) addressing opioid use disorders in the jail, 2) the Substance Abuse Center, 3) the Mental Health Association, 4) assisting the District with the increased cost of drugs used to resuscitate opioid overdose victims, along with enhanced training opportunities for the District crews, 5) obtaining a new device that could scan substances inside of sealed packages, 6) increasing accessibility to the drug court and the hiring of a screener who could meet with clients at the time of intake to determine who is eligible for the various problem -solving courts, and 7) for Narcan (a medication used to reverse or reduce the effects of opioids) in auto -injectors. The County Attorney's Office also recommends that the Board direct staff to coordinate with the various entities, and develop a more specific spending plan setting forth a range of percentage allocations for each of the approved uses. ATTACHMENT(S). Memorandum of Understanding C: IGro kwlLegbr 5V_5ITemWVlgfW04-17b"52f-W4 I3J6051b31e3.d= 99 PROPOSAL MEMORANDUM OF UNDERSTANDING Whereas, the people of the State of Florida and its communities have been harmed by misfeasance, nonfeasance and malfeasance committed by certain entities within the Pharmaceutical Supply Chain; Whereas, the State of Florida, through its Attorney General, and certain Local Governments, through their elected representatives and counsel, are separately engaged in litigation seeking to hold Pharmaceutical Supply Chain Participants accountable for the damage caused by their misfeasance, nonfeasance and malfeasance; Whereas, the State of Florida and its Local Governments share a common desire to abate and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State of Florida; Whereas, it is the intent of the State of Florida and its Local Governments to use the proceeds from Settlements with Pharmaceutical Supply Chain Participants to increase the amount of funding presently spent on opioid and substance abuse education, treatment and other related programs and services, such as those identified in Exhibits A and B, and to ensure that the funds are expended in compliance with evolving evidence -based "best practices"; Whereas, the State of Florida and its Local Governments, subject to the completion of formal documents that will effectuate the Parties' agreements, enter into this Memorandum of Understanding ("MOU") relating to the allocation and use of the proceeds of Settlements described herein; and Whereas, this MOU is a preliminary non-binding agreement between the Parties, is not legally enforceable, and only provides a basis to draft formal documents which will effectuate the Parties' agreements. A. Definitions As used in this MOU: 1. "Approved Purpose(s)" shall mean forward-looking strategies, programming and services used to expand the availability of treatment for individuals impacted by substance use disorders, to: (a) develop, promote, and provide evidence -based substance use prevention strategies; (b) provide substance use avoidance and awareness education; (c) decrease the oversupply of licit and illicit opioids; and (d) support recovery from addiction. Approved Purposes shall include, but are not limited to, the opioid abatement strategies listed on Exhibits A and B which are incorporated herein by reference. 2. "Local Governments" shall mean all counties, cities, towns and villages located within the geographic boundaries of the State. 3. "Managing Entities" shall mean the corporations selected by and under contract with the Florida Department of Children and Families or its successor ("DCF") to manage the 000003/01288125_1 100 daily operational delivery of behavioral health services through a coordinated system of care. The singular "Managing Entity" shall refer to a singular of the Managing Entities. 4. "County" shall mean a political subdivision of the state established pursuant to s. 1, Art. VIII of the State Constitution. 5. "Municipalities" shall mean cities, towns, or villages of a County within the State with a Population greater than 10,000 individuals and shall also include cities, towns or villages within the State with a Population equal to or less than 10,000 individuals which filed a Complaint in this litigation against Pharmaceutical Supply Chain Participants. The singular "Municipality" shall refer to a singular of the Municipalities. 6. "Negotiating Committee" shall mean a three-member group comprised by representatives of the following: (1) the State; and (2) two representatives of Local Governments of which one representative will be from a Municipality and one shall be from a County (collectively, "Members") within the State. The State shall be represented by the Attorney General or her designee. 7. "Negotiation Class Metrics" shall mean those county and city settlement allocations which come from the official website of the Negotiation Class of counties and cities certified on September 11, 2019 by the U.S. District for the Northern District of Ohio in In re National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). The website is located at https:Hallocatiomnap.iclaimsonline.com. 8. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this MOU. 9. "Opioid Related" shall have the same meaning and breadth as in the agreed Opioid Abatement Strategies attached hereto as Exhibits A or B. 10. "Parties" shall mean the State and Local Governments. The singular word "Party" shall mean either the State or Local Governments. 11. "PEC" shall mean the Plaintiffs' Executive Committee of the National Prescription Opiate Multidistrict Litigation pending in the United States District Court for the Northern District of Ohio. 12. "Pharmaceutical Supply Chain" shall mean the process and channels through which Controlled Substances are manufactured, marketed, promoted, distributed or dispensed. 13. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in, or has engaged in the manufacture, marketing, promotion, distribution or dispensing of an opioid analgesic. 14. "Population" shall refer to published U.S. Census Bureau population estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this MOU. These estimates can currently be found at https://www.census.gov 101 15. "Qualified County" shall mean a charter or non -chartered county within the State that: has a Population of at least 300,000 individuals and (a) has an opioid taskforce of which it is a member or operates in connection with its municipalities or others on a local or regional basis; (b) has an abatement plan that has been either adopted or is being utilized to respond to the opioid epidemic; (c) is currently either providing or is contracting with others to provide substance abuse prevention, recovery, and treatment services to its citizens; and (d) has or enters into an agreement with a majority of Municipalities (Majority is more than 50% of the Municipalities' total population) related to the expenditure of Opioid Funds. The Opioid Funds to be paid to a Qualified County will only include Opioid Funds for Municipalities whose claims are released by the Municipality or Opioid Funds for Municipalities whose claims are otherwise barred. 16. "SAMHSA" shall mean the U.S. Department of Health & Human Services, Substance Abuse and Mental Health Services Administration. 17. "Settlement" shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by the State and Local Governments or a settlement class as described in (13)(1) below. 18. "State" shall mean the State of Florida. B. Terms 1. Only Abatement - Other than funds used for the Administrative Costs and Expense Fund as hereinafter described in paragraph 6 and paragraph 9, respectively), all Opioid Funds shall be utilized for Approved Purposes. To accomplish this purpose, the State will either file a new action with Local Governments as Parties or add Local Governments to its existing action, sever settling defendants, and seek entry of a consent order or other order binding both the State, Local Governments, and Pharmaceutical Supply Chain Participant(s) ("Order"). The Order may be part of a class action settlement or similar device. The Order shall provide for continuing jurisdiction of a state court to address non-performance by any party under the Order. Any Local Government that objects to or refuses to be included under the Order or entry of documents necessary to effectuate a Settlement shall not be entitled to any Opioid Funds and its portion of Opioid Funds shall be distributed to, and for the benefit of, the other Local Governments. 2. Avoid Claw Back and Recoupment - Both the State and Local Governments wish to maximize any Settlement and Opioid Funds. In addition to committing to only using funds for the Expense Funds, Administrative Costs and Approved Purposes, both Parties will agree to utilize a percentage of funds for the core strategies highlighted in Exhibit A. Exhibit A contains the programs and strategies prioritized by the U.S. Department of Justice and/or the U.S. Department of Health & Human Services ("Core Strategies"). The State is trying to obtain the United States' agreement to limit or reduce the United States' ability to recover or recoup monies from the State and Local Government in exchange for prioritization of funds to certain projects. If no agreement is reached with the United States, then there will be no requirement that a percentage be utilized for Core Strategies. 102 3. Distribution Scheme - All Opioid Funds will initially go to the State, and then be distributed according to the following distribution scheme. The Opioid Funds will be divided into three funds after deducting costs of the Expense Fund detailed in paragraph 9 below: (a) City/County Fund- The city/county fund will receive 15% of all Opioid Funds to directly benefit all Counties and Municipalities. The amounts to be distributed to each County and Municipality shall be determined by the Negotiation Class Metrics or other metrics agreed upon, in writing, by a County and a Municipality. For Local Governments that are not within the definition of County or Municipality, those Local Governments may receive that government's share of the City/County Fund under the Negotiation Class Metrics, if that government executes a release as part of a Settlement. Any Local Government that is not within the definition of County or Municipality and that does not execute a release as part of a Settlement shall have its share of the City/County Fund go to the County in which it is located. (b) Regional Fund- The regional fund will be subdivided into two parts. (i) The State will annually calculate the share of each County within the State of the regional fund utilizing the sliding scale in section 4 of the allocation contained in the Negotiation Class Metrics or other metrics that the Parties agree upon. (ii) For Qualified Counties, the Qualified County's share will be paid to the Qualified County and expended on Approved Purposes, including the Core Strategies identified in Exhibit A, if applicable. (iii) For all other Counties, the regional share for each County will be paid to the Managing Entities providing service for that County. The Managing Entities will be required to expend the monies on Approved Purposes, including the Core Strategies. The Managing Entities shall endeavor to the greatest extent possible to expend these monies on counties within the State that are non -Qualified Counties and to ensure that there are services in every County. (c) State Fund - The remainder of Opioid Funds after deducting the costs of the Expense Fund detailed in paragraph 9, the City/County Fund and the Regional Fund will be expended by the State on Approved Purposes, including the provisions related to Core Strategies, if applicable. (d) To the extent that Opioid Funds are not appropriated and expended in a year by the State, the State shall identify the investments where settlement funds will be deposited. Any gains, profits, or interest accrued from the deposit of the Opioid Funds to the extent that any funds are not appropriated and expended within a calendar year, shall be the sole property of the Party that was entitled to the initial deposit. 103 4. Regional Fund Sliding Scale- The Regional Fund shall be calculated by utilizing the following sliding scale of the Opioid Funds available in any year: A. Years 1-6: 40% B. Years 7-9: 35% C. Years 10-12: 34% D. Years 13-15: 33% E. Years 16-18: 30% 5. Opioid Abatement Taskforce or Council - The State will create an Opioid Abatement Taskforce or Council (sometimes hereinafter "Taskforce" or "Council") to advise the Governor, the Legislature, Florida's Department of Children and Families ("DCF"), and Local Governments on the priorities that should be addressed as part of the opioid epidemic and to review how monies have been spent and the results that have been achieved with Opioid Funds. (a) Size - The Taskforce or Council shall have ten Members equally balanced between the State and the Local Governments. (b) Appointments Local Governments - Two Municipality representatives will be appointed by or through Florida League of Cities. Two county representatives, one from a Qualified County and one from a county within the State that is not a Qualified County, will be appointed by or through the Florida Association of Counties. The final representative will alternate every two years between being a county representative (appointed by or through Florida Association of Counties) or a Municipality representative (appointed by or through the Florida League of Cities). One Municipality representative must be from a city of less than 50,000 people. One county representative must be from a county less than 200,000 people and the other county representative must be from a county whose population exceeds 200,000 people. (c) Appointments State - (i) The Governor shall appoint two Members. (ii) The Speaker of the House shall appoint one Member. (iii) The Senate President shall appoint one Member. (iv) The Attorney General or her designee shall be a Member. (d) Chair - The Attorney General or designee shall be the chair of the Taskforce or Council. (e) Term - Members will be appointed to serve a two-year term. 104 (f) Support - DCF shall support the Taskforce or Council and the Taskforce or Council shall be administratively housed in DCF. (g) Meetings - The Taskforce or Council shall meet quarterly in person or virtually using communications media technology as defined in section 120.54(5)(b)(2), Florida Statutes. (h) Reporting_- The Taskforce or Council shall provide and publish a report annually no later than November 30th or the first business day after November 30th, if November 30th falls on a weekend or is otherwise not a business day. The report shall contain information on how monies were spent the previous fiscal year by the State, each of the Qualified Counties, each of the Managing Entities, and each of the Local Governments. It shall also contain recommendations to the Governor, the Legislature, and Local Governments for priorities among the Approved Purposes for how monies should be spent the coming fiscal year to respond to the opioid epidemic. (i) Accountability - Prior to July 1st of each year, the State and each of the Local Governments shall provide information to DCF about how they intend to expend Opioid Funds in the upcoming fiscal year. The State and each of the Local Government shall report its expenditures to DCF no later than August 31 st for the previous fiscal year. The Taskforce or Council will set other data sets that need to be reported to DCF to demonstrate the effectiveness of Approved Purposes. All programs and expenditures shall be audited annually in a similar fashion to SAMHSA programs. Local Governments shall respond and provide documents to any reasonable requests from the State for data or information about programs receiving Opioid Funds. (j) Conflict of Interest - All Members shall adhere to the rules, regulations and laws of Florida including, but not limited to, Florida Statute § 112.311, concerning the disclosure of conflicts of interest and recusal from discussions or votes on conflicted matters. 6. Administrative Costs- The State may take no more than a 5% administrative fee from the State Fund ("Administrative Costs") and any Regional Fund that it administers for counties that are not Qualified Counties. Each Qualified County may take no more than a 5% administrative fee from its share of the Regional Funds. 7. Negotiation of Non -Multistate Settlements - If the State begins negotiations with a Pharmaceutical Supply Chain Participant that is separate and apart from a multi -state negotiation, the State shall include Local Governments that are a part of the Negotiating Committee in such negotiations. No Settlement shall be recommended or accepted without the affirmative votes of both the State and Local Government representatives of the Negotiating Committee. 8. Negotiation of Multistate or Local Government Settlements - To the extent practicable and allowed by other parties to a negotiation, both Parties agree to communicate with 105 members of the Negotiation Committee regarding the terms of any other Pharmaceutical Supply Chain Participant Settlement. 9. Expense Fund - The Parties agree that in any negotiation every effort shall be made to cause Pharmaceutical Supply Chain Participants to pay costs of litigation, including attorneys' fees, in addition to any agreed to Opioid Funds in the Settlement. To the extent that a fund sufficient to pay the entirety of all contingency fee contracts for Local Governments in the State of Florida is not created as part of a Settlement by a Pharmaceutical Supply Chain Participant, the Parties agree that an additional expense fund for attorneys who represent Local Governments (herein "Expense Fund") shall be created out of the City/County fund for the purpose of paying the hard costs of a litigating Local Government and then paying attorneys' fees. (a) The Source of Funds for the Expense Fund- Money for the Expense Fund shall be sourced exclusively from the City/County Fund. (b) The Amount of the Expense Fund- The State recognizes the value litigating Local Governments bring to the State of Florida in connection with the Settlement because their participation increases the amount Incentive Payments due from each Pharmaceutical Supply Chain Participant. In recognition of that value, the amount of funds that shall be deposited into the Expense fund shall be contingent upon on the percentage of litigating Local Government participation in the Settlement, according to the following table: Litigating Local Government Participation in the Settlement (by percentage of the population) Amount that shall be paid into the Expense Fund from (and as a percentage o the City/County City/Countyfund 96 to 100% 10% 91 to 95% 7.5% 86 to 90% 5% 85% 2.5% Less than 85% 0% If fewer than 85% percent of the litigating Local Governments (by population) participate, then the Expense Fund shall not be funded, and this Section of the MOU shall be null and void. (c) The Timing of Payments into the Expense Fund- Although the amount of the Expense Fund shall be calculated based on the entirety of payments due to the City/County fund over a ten to eighteen year period, the Expense Fund shall be funded entirely from payments made by Pharmaceutical Supply Chain Participants during the first two years of the Settlement. Accordingly, to offset the amounts being paid from the City/County to the Expense Fund in the first two years, Counties or Municipalities may borrow from the Regional Fund during the first two years and pay the borrowed amounts back to the Regional Fund during years three, four, and five. WN For the avoidance of doubt, the following provides an illustrative example regarding the calculation of payments and amounts that may be borrowed under the terms of this MOU, consistent with the provisions of this Section: Opioid Funds due to State of Florida and Local Governments (over 10 to 18 years): $1,000 Litigating Local Government Participation: 100% City/County Fund (over 10 to 18 years): $150 Expense Fund (paid over 2 years): $15 Amount Paid to Expense Fund in 1 st year: $7.5 Amount Paid to Expense Fund in 2nd year $7.5 Amount that may be borrowed from Regional Fund in 1 st year: $7.5 Amount that may be borrowed from Regional Fund in 2nd year: $7.5 Amount that must be paid back to Regional Fund in 3rd year: $5 Amount that must be paid back to Regional Fund in 4th year: $5 Amount that must be paid back to Regional Fund in 5th year: $5 (d) Creation of and Jurisdiction over the Expense Fund- The Expense Fund shall be established, consistent with the provisions of this Section of the MOU, by order of the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, West Pasco Division New Port Richey, Florida, in the matter of The State of Florida, Office of the Attorney General, Department of Legal Affairs v. Purdue Pharma L.P., et al., Case No. 2018 -CA -001438 (the "Court"). The Court shall have jurisdiction over the Expense Fund, including authority to allocate and disburse amounts from the Expense Fund and to resolve any disputes concerning the Expense Fund. (e) Allocation of Payments to Counsel from the Expense Fund- As part of the order establishing the Expense Fund, counsel for the litigating Local Governments shall seek to have the Court appoint a third -neutral to serve as a special master for purposes of allocating the Expense Fund. Within 30 days of entry of the order appointing a special master for the Expense Fund, any counsel who intend to seek an award from the Expense Fund shall provide the copies of their contingency fee contracts to the special master. The special master shall then build a mathematical model, which shall be based on each litigating Local Government's share under the Negotiation Class Metrics and the rate set forth in their contingency contracts, to calculate a proposed award for each litigating Local Government who timely provided a copy of its contingency contract. 10. Dispute resolution- Any one or more of the Local Governments or the State may object to an allocation or expenditure of Opioid Funds solely on the basis that the allocation or expenditure at issue (a) is inconsistent with the Approved Purposes; (b) is inconsistent with the distribution scheme as provided in paragraph 3, or (c) violates the limitations set forth herein with respect to administrative costs or the Expense Fund. There shall be no other basis for bringing an objection to the approval of an allocation or expenditure of Opioid Funds. 107 Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies ("Core Strategies")[, such that a minimum of _% of the [aggregate] state -level abatement distributions shall be spent on [one or more of] them annually].' A. Naloxone or other FDA -approved drug to reverse opioid overdoses 1. Expand training for first responders, schools, community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. Medication -Assisted Treatment ("MAT") Distribution and other opioid -related treatment 1. Increase distribution of MAT to non -Medicaid eligible or uninsured individuals; 2. Provide education to school-based and youth -focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Treatment and Recovery Support Services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication with other support services. C. Pregnant & Postpartum Women 1. Expand Screening, Brief Intervention, and Referral to Treatment ("SBIRT") services to non - Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder ("OUD") and other Substance Use Disorder ("SUD")/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD) including housing, transportation, job placement/training, and childcare. D. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence -based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant -need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. 1 As used in this Schedule A, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. 1 108 E. Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions. ; 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. F. Treatment for Incarcerated Population 1. Provide evidence -based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. Prevention Programs 1. Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco); 2. Funding for evidence -based prevention programs in schools.; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre -arrest diversion programs, post - overdose response teams, or similar strategies that connect at -risk individuals to behavioral health services and supports. H. Expanding Syringe Service Programs 1. Provide comprehensive syringe services programs with more wrap-around services including linkage to OUD treatment, access to sterile syringes, and linkage to care and treatment of infectious diseases. I. Evidence -based data collection and research analyzing the effectiveness of the abatement strategies within the State. 2 109 Schedule B Approved Uses PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following:2 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication -Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence -based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence -based or evidence - informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence -based withdrawal management services for people with OUD and any co- occurring mental health conditions. 8. Training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD or mental health conditions, including but not limited to training, z As used in this Schedule B, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. 3 110 scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. [Intentionally Blank — to be cleaned up later for numbering] 13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 14. Dissemination of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service -Opioids web -based training curriculum and motivational interviewing. 15. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication -Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for or recovery from OUD and any co-occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/NIII conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA -approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. S. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 4 111 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co- occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have — or at risk of developing — OUD and any co- occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically -appropriate follow-up care through a bridge clinic or similar approach. 112 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid - related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non -profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL -JUSTICE -INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Support pre -arrest or pre -arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: a. Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 113 f. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence -informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence -based options for persons with OUD and any co-occurring SUD/M1H conditions 4. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual -diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal -justice -involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Support evidence -based or evidence -informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women — or women who could become pregnant — who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions. 4. Expand comprehensive evidence -based treatment and recovery support for NAS babies; expand services for better continuum of care with infant -need dyad; expand long-term treatment and services for medical monitoring of NAS babies and their families. 7 114 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 6. Child and family supports for parenting women with OUD and any co-occurring SUD/MH conditions. 7. Enhanced family supports and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including but not limited to parent skills training. 10. Support for Children's Services — Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Fund medical provider education and outreach regarding best prescribing practices for opioids consistent with Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non -opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point -of -care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 8 115 c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based or evidence - informed programs or strategies that may include, but are not limited to, the following: 1. Fund media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take -back disposal or destruction programs. 5. Fund community anti-drug coalitions that engage in drug prevention efforts. 6. Support community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction — including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 7. Engage non -profits and faith -based communities as systems to support prevention. 8. Fund evidence -based prevention programs in schools or evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent -teacher and student associations, and others. 9. School-based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address 9 116 mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid -related harms through evidence - based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, individuals at high risk of overdose, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities provide free naloxone to anyone in the community 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence -informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Provide training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions. 13. Support screening for fentanyl in routine clinical toxicology testing. 10 117 PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in sections C, D, and H relating to first responders, support the following: 1. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid -related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitation, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local, or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services; to support training and technical assistance; or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to share reports, recommendations, or plans to spend opioid settlement funds; to show how opioid settlement funds have been spent; to report program or strategy outcomes; or to track, share, or visualize key opioid -related or health-related indicators and supports as identified through collaborative statewide, regional, local, or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection, and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non -opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals entering the criminal justice system, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (ADAM) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. 12 119 RESOLUTION NO. [INSERT] A Resolution authorizing [City/County] (herein referred to as this "Governmental Unit") to join with the State of Florida and other local governmental units as a participant in the Florida Memorandum of Understanding and Formal Agreements implementing a Unified Plan. WHEREAS, the [City/County] has suffered harm from the opioid epidemic; WHEREAS, the [City/County] recognizes that the entire State of Florida has suffered harm as a result from the opioid epidemic; WHEREAS, the State of Florida has filed an action pending in Pasco County, Florida, and a number of Florida Cities and Counties have also filed an action In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the "Opioid Litigation") and [City/County] [is/is not] a litigating participant in that action; WHEREAS, the State of Florida and lawyers representing certain various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation; WHEREAS, the Florida Memorandum of Understanding (the "Florida Plan") sets forth sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds and it is anticipated that formal agreements implementing the Florida Plan will be entered into at a future date; and, WHEREAS, participation in the Florida Plan by a large majority of Florida cities and counties will materially increase the amount of funds to Florida and should improve Florida's relative bargaining position during additional settlement negotiations; WHEREAS, failure to participate in the Florida Plan will reduce funds available to the State, [City/County], and every other Florida city and county; NOW, THEREFORE, BE IT RESOLVED BY THIS GOVERNMENTAL UNIT: SECTION 1. That this Governmental Unit finds that participation in the Florida Plan would be in the best interest of the Governmental Unit and its citizens in that such a plan ensures that almost all of the settlement funds go to abate and resolve the opioid epidemic and each and every city and county receives funds for the harm that it has suffered. SECTION 2. That this Governmental Unit hereby expresses its support of a unified plan for the allocation and use of opioid settlement proceeds as generally described in the Florida Plan, attached hereto as Exhibit "A." SECTION 3. That [official name] is hereby expressly authorized to execute the Florida Plan in substantially the form contained in Exhibit "A." SECTION 4. That [official name] is hereby authorized to execute the any formal agreements implementing a unified plan for the allocation and use of opioid settlement proceeds that is not substantially inconsistent with the Florida Plan and this Resolution. 120 SECTION 5. That the Clerk be and hereby is instructed to record this Resolution in the appropriate record book upon its adoption. SECTION 6. The clerk of this Governmental Unit is hereby directed to furnish a certified copy of this Ordinance/Resolution to the Florida [Florida League of Cities/Florida Association of Counties] Attorney General Ashley Moody c\o John M. Guard The Capitol, PL -01 Tallahassee, FL 32399-1050 SECTION 7. This Resolution shall take effect immediately upon its adoption. Adopted this day of, 12021. 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ABATEMENT PLAN TERM SHEET SUMMARY OF TERMS AND CONDITIONS THIS TERM SHEET DOES NOT CONSTITUTE (NOR SHALL IT BE CONSTRUED AS) AN OFFER, AGREEMENT OR COMMITMENT' Issue Description 1. APPLICABILITY These terms (once agreed) shall apply to the allocation of value received OF AGREEMENT under, and shall be incorporated into, any plan of reorganization (the "Chapter 11 Plan") in the chapter 11 cases of Purdue Pharma L.P. and its affiliates (collectively, "Purdue") pending in the U.S. Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") between the states, territories and the District of Columbia (each a "State") on the one hand, each county, city, town, parish, village, municipality that functions as a political subdivision under State law, or a governmental entity that has the authority to bring Drug Dealer Liability Act ("DDLA Claims") under State law (collectively, the "Local Governments"), and each federally recognized Native American, Native Alaskan or American Indian Tribe (each a "Tribe") on the other. 2. PURPOSE Virtually all creditors and the Court itself in the Purdue bankruptcy recognize the need and value in developing a comprehensive abatement strategy to address the opioid crisis as the most effective use of the funds that can be derived from the Purdue estate (including without limitation insurance proceeds and, if included in the Chapter 11 Plan, payments by third -parties seeking releases). Because of the unique impact the crisis has had throughout all regions of the country, and as repeatedly recognized by Judge Drain, division of a substantial portion of the bankruptcy estate should occur through an established governmental structure, with the use of such funds strictly limited to abatement purposes as provided herein.2 ' As a condition to participating in this abatement structure, the settlements that the states of Kentucky and Oklahoma separately entered into with Purdue must be taken into account in any allocation to them or flowing through them. Potential adjustments may include a different Government Participation Mechanism structure for the disbursement of funds to benefit Local Governments in those states or some redirection of funds, which would still be used solely for abatement purposes. ' See, e.g., Hrg. Tr at 149:22-150:5 (Oct. 11, 2019)(` "I would hope that those public health steps, once the difficult allocation issues that the parties have addressed here, can be largely left up to the states and municipalities so that they can use their own unique knowledge about their own citizens and how to address them. It may be that some states think it's more of a law enforcement issue, i.e. interdicting illegal opioids at this point. Others may think education is more important. Others may think treatment is more important."); id. At 175:24-176:6 ("I also think, and again, I didn't say this lightly, that my hope in the allocation process is that there would be an understanding between the states and the municipalities and localities throughout the whole process that[,] subject to general guidelines on how the money should be used, specific ways to use it would be left up to the states and the municipalities, with guidance from the states primarily."); Hr'g Tr. At 165:3-165:14 (Nov. 19, 2019) ("I continue to believe that the states play a major role in [the allocation] process. The role I'm envisioning for them is not one where they say we get everything. 4812-5294-4831.v1 1 130 COP Issue Description This approach recognizes that funding abatement efforts — which would benefit most creditors and the public by reducing future effects of the crisis through treatment and other programs — is a much more efficient use of limited funds than dividing thin slices among all creditors with no obligation to use it to abate the opioid crisis. Because maximizing abatement of the opioid crisis requires coordination of efforts by all levels of government, particularly when the abatement needs far exceed the available funds, this structure requires a collaborative process between each State and its Local Governments. This Term Sheet is intended to establish the mechanisms for distribution and allocation of funds to States, Local Governments and Tribes (the "Abatement Funds") to be incorporated into the Chapter 11 Plan and any order approving the Chapter 11 Plan (Abatement Funds net of the portion thereof allocated to a Tribal Abatement Fund under Section 5 hereof are referred to herein as "Public Funds"). The parties agree that 100% of the Public Funds distributed under the Chapter 11 Plan shall be used to abate the opioid crisis. Specifically, (i) no less than ninety five percent (95%)of the Public Funds distributed under the Chapter 11 Plan shall be used for abatement of the opioid crisis by funding opioid or substance use disorder related projects or programs that fall within the list of uses in Schedule B (the "Approved Opioid Abatement Uses"); (ii) priority shall be given to the core abatement strategies ("Core Strategies") as identified on Schedule A; and (iii) no more than five percent (5%) of the Public Funds may be used to fund expenses incurred in administering the distributions for the Approved Opioid Abatement Uses, including the process of selecting programs to receive distributions of Public Funds for implementing those programs and in connection with the Government Participation Mechanism' ("Allowed Administrative Expenses," and together with the Approved Opioid Abatement Uses, "Approved Uses").' Notwithstanding anything in this term sheet that might imply to the contrary, projects or programs that constitute Approved Opioid Abatement Uses may be provided by States, State agencies, Local Governments, Local Government agencies or nongovernmental parties and funded from Public Funds. 3. GENERAL NOTES The governmental entities maintain that the most beneficial and efficient use of limited bankruptcy funds is to dedicate as large a portion as ossible to abatement programs addressing the opioid crisis. If this I think that should be clear and I think it is clear to them. But, rather, where they act — in the best principles of federalism, for their state, the coordinator for the victims in their state."); Hr' g Tr. at 75:19-76:1 (Jan. 24, 2020) ("Even if there ultimately is an allocation here — and there's not a deal now, obviously, at this point on a plan. But if there is an allocation that leaves a substantial amount of the Debtors' value to the states and territories, one of the primary benefits of a bankruptcy case is that the plan can lock in, perhaps only in general ways, but perhaps more in specific ways, how the states use that money ...."). s Capitalized terms not defined where first used shall have the meanings later ascribed to them in this Term Sheet. ^ Nothing in this term sheet is intended to, nor does it, limit or permit the ability of funds from the Purdue estate (other than Public Funds) to be used to pay for legal fees and expenses incurred in anticipation of or during Purdue's chapter 11 case, or once confirmed, in implementing the Chapter 11 Plan. 4812-5294-4831.v1 2 131 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE Issue Description approach is taken, the governmental entities involved in the mediation — states, territories, tribes, counties, cities and others — would commit the Public Funds allocated to them to such future abatement, in lieu of direct payment for their claims. a. Resolution of States' and Local Governments' claims under this model presumes signoff by and support of the federal government, including an agreement that the federal government will also forego its past damages claims. Continued coordination with the federal government therefore is necessary as this model is finalized. b. This outline addresses the allocation of Abatement Funds among governmental entities to provide abatement programs to the public for the benefit of not only the governmental entities and their constituents, but also a substantial number of other creditors. The States and Local Governments welcome other, private -side creditor groups to enter discussions concerning how such creditors may participate in, contribute to and/or benefit from the government - funded abatement programs contemplated herein in lieu of direct payment on their claims for past damages. c. In addition to providing abatement services, it is understood that, if their claims are to be released in a reorganization plan, a portion of the Purdue estate will also need to be dedicated to personal injury claimants. A proposal regarding such claims is being developed separately. AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRF, 409: DO NOT COPY OR DISTRIRITTF. Issue Description • Trigger and timing for disbursements. • Insert details to show how these funds shall be distributed for abatement uses and that the funds will not flow into the state general revenue accounts (unless constitutionally required and, in that event, the funds shall still be disbursed for abatement uses as required by the terms of the document), including possible distribution to state points of contact and block grant recipients. • Possible creation of template document for Abatement Funds distribution requests. • If trust mechanism is employed, trust location and governing law.] 5. ATTORNEYS' A separate fund will be established for attorneys' fees and litigation costs FEES AND COSTS in the final bankruptcy plan. Agreement by the parties to this Abatement FUND Plan Term Sheet is contingent upon the establishment of this fund and the details of the fund, which are subject to further negotiation, including without limitation the participants, amount, jurisdiction, oversight, and administration. Participation in an abatement program, receipt of abatement services or benefits will not affect, and specific percentages in the abatement structure received by various parties will not determine, the amount of fees and costs that may be recovered. 6. TRIBAL a. [X%] of the Abatement Funds will be allocated to a Tribal ABATEMENT Abatement Fund and these funds will not be a part of the structure FUNDING involving abatement programs funded by state and local governments. b. The Tribes are working on their proposal for allocation among Tribes, which would be included as part of the overall abatement plan. c. The Tribes will use the tribal allocation of Abatement Funds for programs on the approved list of abatement strategies (see Schedule B) and also for culturally appropriate activities, practices, teachings or ceremonies that are, in the judgment of a tribe or tribal ,T health organization, aimed at or supportive of remediation and abatement of the opioid crisis within a tribal community.' The Tribes will have a list of representative examples of such culturally appropriate abatement strategies, practices and programs which is attached as Schedule [ 1. The separate allocation of abatement funding and illustrative list of culturally appropriate abatement strategies recognizes that American Indian and Alaska Native Tribes and the communities they serve possess unique cultural histories, practices, wisdom, and needs that are highly relevant to the health and well-being of American Indian and Alaska Native ' [NTD: Discuss how private claimants will be treated under Tribal Allocation, if at all.] 4812-5294-4831.v1 `' 133 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE Issue Description people and that may play an important role in both individual and public health efforts and responses in Native communities. 7. DIVISION OF Public Funds are allocated among the States, the District of Columbia and PUBLIC FUNDS Territories in the percentages set forth on Schedule C. Except as set forth below in section 7(C) for the District of Columbia and Territories, each State's Schedule C share shall then be allocated within the State in accordance with the following: 1. Statewide Agreement. Each State and its Local Governments will have until [the later of 60 days from entry of an order confirming the Chapter 11 Plan or the Effective Date of the Chapter 11 Plan]6 (the "Agreement Date") to file with the Bankruptcy Court an agreed-upon allocation or method for allocating the Public Funds for that State dedicated only to Approved Uses (each a "Statewide Abatement Agreement" or "SAA"). Any State and its Local Governments that have reached agreement before the Effective Date of the Chapter 11 Plan that satisfies the metric for approval as described in the immediately following paragraph shall file a notice with the Bankruptcy Court that it has adopted a binding SAA and either include the SAA ,with its filing or indicate where the SAA is publicly available for the SAA to be effective for the Purdue Bankruptcy. Any dispute regarding allocation within a State will be resolved as provided by the Statewide Abatement Agreement. �A Statewide Abatement Agreement shall be agreed when it has been approved by the State and either (a) representatives' of its ocal Governments whose aggregate Population Percentages, Mtermined as set forth below, total more than Sixty Percent (60%), or (b) representatives of its Local Governments whose aggregate Population Percentages total more than fifty percent r (50%) provided that these Local Governments also represent .>g 15% or more of the State's counties or parishes (or, in the case of y States whose counties and parishes that do not function as Local Governments, 15% of or more of the State's incorporated cities ' or towns), by number.' 6 Should there be provision for extension of the date for filing Statewide Abatement Agreement? An authorized "representative" of local, or even State, government can differ in this Term Sheet depending on the context. 8 All references to population in this Term Sheet shall refer to published U. S. Census Bureau population estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this agreement. These estimates can currently be found at haps://www.census.gov/data/datasets/time-series/demo/popest/2010s-counties- total.html 4812-52944831.v1 5 134 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS RTTRYFCT TO MMIATION ORnF.R ANTI FRF dOR• illi N(1T C/1PV nuT)iCTRTRTTTF Issue Description Population Percentages shall be determined as follows: For States with counties or parishes that function as Local Governments,' the Population Percentage of each county or parish shall be deemed to be equal to (a) (1) 200% of the population of such county or parish, minus (2) the aggregate population of all Primary Incorporated Municipalities located in such county or parish,10 divided by (b) 200% of the State's population. A "Primary Incorporated Municipality" means a city, town, village or other municipality incorporated under applicable state law with a population of at least 25,000 that is not located within another incorporated municipality The Population Percentage of each primary incorporated municipality shall be equal to its population (including the population of any incorporated or unincorporated municipality located therein) divided by 200% of the State's population; provided that the Population Percentage of a primary incorporated municipality that is not located within a county shall be equal to 200% of its population (including the population of any incorporated or unincorporated municipality located therein) divided by 200% of the State's population. For all States that do not have counties or parishes that function as Local Governments, the Population Percentage of each incorporated municipality (including any incorporated or unincorporated municipality located therein), shall be equal to its population divided by the State's population. Statewide Abatement Agreement will become effective .'N'The within fourteen (14) days of filing, unless otherwise ordered by the Bankruptcy Court. A State and its Local Governments may revise, supplement, or ' refine a Statewide Abatement Agreement by filing an amended Statewide Abatement Agreement that has been approved by the State and sufficient Local Governments to satisfy the approval standards set forth above with the Bankruptcy Court, which shall become effective within fourteen (14) days of filing, unless otherwise ordered by the Bankruptcy Court. 2. Default Allocation Mechanism (excluding Territories and ` DC addressed below). The Public Funds allocable to a State that is not party to a Statewide Abatement Agreement as defined in 7(1) above (each a "Non -SAA State") shall be allocated as between the State and its Local Governments to be 9 The following states do not have counties or parishes that function as Local Governments: Alaska, Connecticut, Massachusetts, Rhode Island, and Vermont [INSERT OTHERS]. All other States have counties or parishes that function as Local Governments. 10 Discuss how to deal with cities and towns that straddle counties. 4812-52944831.v1 6 135 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS Issue Description used only for Approved Uses, in accordance with this Section (B) (the "Default Allocation Mechanism"). a. Regions. Except as provided in the final sentence of this paragraph, each Non -SAA State shall be divided into "Regions" as follows: (a) each Qualifying Block Grantee (as defined below) shall constitute a Region; and (b) the balance of the State shall be divided into Regions (such Regions to be designated by the State agency with primary responsibility for substance abuse disorder services employing to the maximum extent practical, existing regions established in that State for opioid abuse treatment or similar public health purposes); such non -Qualifying Block Grantee Regions are referred to herein as "Standard Regions"). The Non - SAA States which have populations under 4 million and do not have existing regions described in the foregoing clause (b) shall not be required to establish Regions; 11 such a State that does not establish Regions but which does contain one or more Qualifying Block Grantees shall be deemed to consist of one Region for each Qualifying Block Grantee and one Standard Region for the balance of the State. b. Regional 'Apportionment. Public Funds shall be allocated to each Non -SAA State, as defined in 7(1) above, as (a) a Regional Apportionment or (b) a Non - Regional Apportionment based on the amount of Public Funds dispersed under a confirmed Chapter 11 Plan as llows: i. First $1 billion — 70% Regional Apportionment/30% Non -Regional Apportionment ii. $142.5 billion — 64% Regional Apportionment /36% Non -Regional Apportionment iii. $2.5-$3.5 billion — 60% Regional Apportionment /40% Non -Regional Apportionment iv. Above $3.5 billion — 50% Regional Apportionment /50% Non -Regional Apportionment " To the extent they are not parties to a Statewide Abatement Agreement, the following States will qualify as a Non - SAA State that does not have to establish Regions: Connecticut, Delaware, Hawai'i, Iowa, Maine, Nevada, New Hampshire, New Mexico, Rhode Island, Vermont [INSERT OTHERS]. 4812-52944831.v1 7 136 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS CiiRTF.CT TO MEDIATION ORDER AND FRF. 40R- DO NOT rOPV OR nISTRYRITTF. Issue Description c. Qualifying Block Grantee. A "Qualifying Local Government" means a county or parish (or in the cases of States that do not have counties or parishes that function as political subdivision, a city), that (a) either (i) has a population of 400,000 or more or (ii) in the case of California has a population of 750,000 or more and (b) has funded or otherwise manages an established, health care and/or treatment infrastructure (e.g., health department or similar agency) to evaluate, award, manage and administer a Local Government Block Grant. 12 A Qualifying Local Government that elects to receive Public Funds through Local Government Block Grants is referred to herein as a Qualifying Block Grantee." d. Proportionate Shares of Regional Apportionment. As used herein, the "Proportionate Share" of each Region in each Non -SAA State shall be (a) for States in which counties or parishes function as Local Governments, the aggregate shares of the counties or parishes located in such Region under the allocation model employed in connection with the Purdue Bankruptcy (the "Allocation Model"),14 divided by the aggregate shares for all counties or parishes in the State under the Allocation Model; and (b) for all other States, the aggregate shares OIL of the cities and towns in that Region under the Allocation Model's intra -county allocation formula, divided by the aggregate shares for all cities and towns' in the State under the Allocation Model. xpenditure or Disbursement of Regional Apportionment. Subject to 7(2)(i) below regarding Allowed Administrative Expenses, all Regional � Apportionments shall be disbursed or expended in the form of Local Government Block Grants or otherwise for Approved Opioids Abatement Uses in the Standard f ` Regions of each Non -SAA State. 12 As noted in footnote 8, the population for each State shall refer to published U. S. Census Bureau population estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this agreement. These estimates can currently be found at https://www.census.gov/data/datasets/time-series/demo/popest/2010s- counties-total.html 13 [NTD: Perhaps provide for a Qualifying Political Subdivision to expand to include neighboring areas that are part of its metro area?] 14 Need to address whether to use the Negotiation Class Allocation Model or other metric to determine Proportionate Share. " Should this be all cities and towns or only primary incorporated municipalities? 4812-5294-4831.v1 8 137 Issue AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS 1171 M IJ R19 L1JCl1J Y IJ M Cmc\CI M11 C41 AC 11231 UVACLU ILIM W&VJ L10 IJ N71 Z4 d9A I J Description f. Qualifying Block Grantees. Each Qualifying Block Grantee shall receive its Regional Apportionment as a block grant (a "Local Government Block Grant"). 4812-5294-4831.v1 9 WT.*] Local Government Block Grants shall be used only for Approved Opioid Abatement Uses by the Qualifying Block Grantee or for grants to organizations within its jurisdiction for Approved Opioid Abatement Uses and for Allowed Administrative Expenses in accordance with 7(2)(i) below. Where a municipality located wholly within a Qualifying Block Grantee would independently qualify as a block grant recipient ("Independently Qualifying Municipality"), the Qualifying Block Grantee and Independently Qualifying Municipality must make a substantial and good faith effort to reach agreement on use of Abatement Funds as between the qualifying jurisdictions. If the Independently Qualifying Municipality and the Qualifying Block Grantee cannot reach such an agreement on or before the Agreement Date [or some later specified date], the Qualifying Block Grantee will receive the Local Government Block Grant for its full Proportionate Share and commit programming expenditures to the benefit of the Independently Qualifying Municipality io , eneral proportion to Proportionate Shares (d fined as provided in 7(2)(d) above) of the municipalities within the Qualifying Block Grantee. Notwithstanding the allocation of the Proportionate Share ' of each Regional Apportionment to the Qualifying Block `Grantee, a Qualifying Block Grantee may choose to Nk contribute a portion of its Proportionate Share towards a Statewide program. g. Standard Regions. The portions of each Regional Apportionment not disbursed in the form of Local .�" Government Block Grants shall be expended throughout the Standard Regions of each Non -SAA State in accordance with 95%-105% of the respective Proportionate Shares of such Standard Regions. Such expenditures will be in a manner that will best address Opioid abatement within the State as determined by the State with the input, advice and recommendations of the Government Participation Mechanism described in Section 8 below. This regional spending requirement may be met by delivering Approved Opioid Abatement Use services or programs to a Standard Region or its residents. Delivery of such services or programs can be 4812-5294-4831.v1 9 WT.*] AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS A.NU rKE 4U3: llU 1N01 1:UYY UK D1N 1K1SU rE Issue I Description accomplished directly or indirectly through many different infrastructures and approaches, including without limitation the following: i. State agencies, including local offices; ii. Local governments, including local government health departments; iii. State public hospital or ;`., th systems; iv. Health care delivery tri v. Contracting with abate m ce providers, including nonprofit and, cial entities; or vi. Awarding grants to local programs. h. Expenditure or Disbursement of Public Funds Other Than Regional Apportionment. All Public Funds allocable to a Non -SAA State that are not included in the State's Regional Apportionment shall be expended only on Approved Uses. The expenditure of such funds shall be at the direction of the State's lead agency (or other point of contact designated by the State) and may be expended on a statewide and/or localized manner, cluding in the manners described in herein. Qualifying Mock Grantees will be eligible to participate in or receive the benefits of any such expenditures on the same basis as other Regions. Allowed Administrative Expenses. Qualifying Block Grantees States may use up to 5% of their Non- egional Apportionments plus 5% of the Regional Apportionment not used to fund Local Government Block Grants, for Allowed Administrative Expenses. ,x Qualifying Block Grantees may use up to 5% of their Local Government Block Grants to fund their Allowed Administrative Expenses. 3. Records. The State shall maintain records of abatement expenditures and its required reporting will include data on regional expenditures so it can be verified that the Regional Distribution mechanism guarantees are being met. 16 Qualifying Block Grantees shall maintain records of abatement expenditures and shall provide those records periodically to their State for inclusion in the State's required periodic reporting, and shall be subject to audit consistent with State law applicable to the granting of State funds. 16 Additional records and reporting requirements? 4812-5294-4831.v1 10 139 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE Issue Description (C) Allocation for Territories and the District of Columbia Only The allocation of Public Funds within a Territory or the District of Columbia will be determined by its local legislative body [within one year of the Agreement Date ], unless that legislative body is not in session, in which case, the allocation of Public Funds shall be distributed pursuant to the direction of the Territory's or District of Columbia's executive, in consultation — to the extent applicable — with its Government Participation Mechanism [within ninety (90) days of the Agreement Date ].17 8. GOVERNMENT In each Non -SAA State, as defined in 7(1) above, there shall be a process, PARTICIPATION preferably pre-existing, whereby the State shall allocate funds under the MECHANISM Regional Distribution mechanism only after meaningfully consulting with its respective Local Governments. Each such State shall identify its mechanism (whether be it a council, board, committee, commission, taskforce, or other efficient and transparent structure) for consulting with its respective Local Governments (the "Government Participation Mechanism" or "GPM") in a notice filed with the Bankruptcy Court identifying what GPM has been formed and describing the participation of its Local Governments in connection therewith. States may combine these notices into one or more notices for filing with the Bankruptcy Court. These notices are reviewable by the Bankruptcy Court upon the motion of any Local Government in that State asserting that no GPM has been formed. Government Participation Mechanisms shall conform to the following: (A ,Composition. For each State, the State, on the one hand, and State's Local Governments, the other hand, shall have equal representation on a Local Government representation on a GPM shall be weighted in favor of the Standard Regions but can include representation from the State's Qualifying Block Grantees; c. the GPM will be chaired by a non-voting Chairperson appointed by the State; d. Groups formed by the States' executive or legislature may be used as a GPM, provided that the group has equal representation by the State and the State's Local Governments. 18 Appointees should possess experience, expertise and education with respect to public health, substance abuse, and other related 17 Territory and DC provisions to be discussed 18 Additional potential terms: mechanism for state and local appointment; duration of term, reimbursement of expenses. 4812-52944831.v1 11 140 Issue v AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS Description topics as is necessary to assure the effective functioning of the GPM. (B) Consensus. Members of the GPMs should attempt to reach consensus with respect to GPM Recommendations and other actions of the GPM. Consensus is defined in this process as a general agreement achieved by the members that reflects, from as many members as possible, their active support, support with reservations, or willingness to abide by the decision of the other members. Consensus does not require unanimity or other set threshold and may include objectors. In all events, however, actions of a GPM shall be effective if supported by at least a majority of its Members. GPM Recommendations and other action shall note the existence and summarize the substance of objections where requested by the objector(s). (C) Proceedings. Each GPM shall hold no fewer than four public meetings annually, to be publicized and located in a manner reasonably designed to facilitate attendance by residents throughout the State. Each GPM shall function in a manner consistent with its State's open meeting, open government or similar lavas, and with the Americans with Disabilities Act. GPM members shall be subject to State conflict of interest and similar ethics in government laws. (D) Consultation and Discretion. The GPM shall be a mechanism by which the State consults with community stakeholders, including Local Governments (including those not a part of the GPM), state and local public health officials and public health `advocates, in connection with opioid abatement priorities and expenditure decisions for the use of Public Funds on Approved vioid Abatement Uses. 19 (E) Recommendations. A GPM shall make recommendations regarding specific opioid abatement priorities and expenditures for the use of Public Funds on Approved Opioid Abatement Uses to the State or the agency designated by a State for this purpose ("GPM Recommendations"). In carrying out its obligations to provide GPM Recommendations, a GPM may consider local, state and federal initiatives and activities related to education, prevention, treatment and services for individuals and families experiencing and affected by opioid use disorder; recommend priorities to address the State's opioid epidemic, which recommendations may be Statewide or specific to Regions; recommend Statewide or Regional funding with respect to specific programs or initiatives; recommend measurable outcomes to determine the effectiveness of funds expend4 for 19 Address form of consultation with non -GPM members, public hearings, etc. 4812-5294-4831.v1 12 141 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE Issue Description Approved Opioid Abatement Uses; monitor the level of Allowed Administrative Expenses expended from Public Funds. The goal is for a process that produces GPM Recommendations that are recognized as being an efficient, evidence -based approach to abatement that addresses the State's greatest needs while also including programs reflecting particularized needs in local communities. It is anticipated that such a process, particularly given the active participation of state representatives, will inform and assist the state in making decisions about the spending of the Public Funds. To the extent a State chooses not to follow a GPM Recommendation, it will make publicly available within 14 days after the decision is made a written explanation of the reasons for its decision, and allow 7 days for the GPM to respond. (F) Review. Local Governments an 'States may object to an allocation or expenditure of Public Funds (whether a Regional Apportionment or Non -Regional Apportionment) solely on the basis that the allocation or expenditure at issue (i) is inconsistent with the provisions of Section 7(B)2 hereof with respect to the levels of Regional Apportionments and Non -Regional Apportionments; (ii) is inconsistent with the provisions of Section 7(B)(5) hereof with respect to the amounts of Local Government Block Grants or Regional Apportionment expenditures; (iii) is not for an Approved Use, or (iv) violates the limitations set forth herein with respect to Allowed Administrative Fees. The objector shall have the right to bring that objection to either (a) a court with jurisdiction within the plicable State ("State Court") or (b) the Bankruptcy Court if t Purdue chapter 11 case has not been closed; provided that f nothing herein is intended to expand the scope of the Bankruptcy Court's post -confirmation jurisdiction or be deemed to be a consent to any expanded post -confirmation jurisdiction by the -'' Bankruptcy Court (each an "Objection"). If an Objection is filed within fourteen (14) days of approval of an Allocation, then no funds shall be distributed on account of the aspect of the Allocation that is the subject of the Objection until the Objection < . is resolved or decided by the Bankruptcy Court or State Court, as applicable. There shall be no other basis for bringing an Objection to the approval of an Allocation. 8. COMPLIANCE, At least annually, each State shall publish on the lead State Agency's REPORTING, AUDIT website or on its Attorney General's website a report detailing for the AND preceding time period, respectively (i) the amount of Public Funds ACCOUNTABILITY received, (ii) the allocation awards approved (indicating the recipient, the 4812-5294-4831.v1 13 142 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS supuFCT TO MPMATInN nRDFR AND FRF, 4fiR- nn NOT CnPv OR n1RTR1rRTTTF. Issue Description amount of the allocation, the program to be funded and disbursement terms), and (iii) the amounts disbursed on approved allocations, to Qualifying Local Governments for Local Government Block Grants and Allowed Administrative Fees. At least annually, each Qualifying Block Grantee which has elected to take a Local Government Block Grant shall publish on its lead Agency's or Local Government's website a report detailing for the preceding time period, respectively (i) the amount of Local Government Block Grants received, (ii) the allocation awards approved (indicating the recipient, the amount of the grant, the program to be funded and disbursement terms), and (iii) the amounts disbursed on approved allocations. As applicable, each State or Local Government shall impose reporting requirements on each recipient to ensure that Public Funds are only being used for Approved Uses, in accordance with the terms of the allocation, and that the efficacy of the expenditure of such Public Funds with respect to opioids abatement can be publicly monitored and evaluated. The expenditure and disbursement of Public Funds shall be subject to audit by States as follows: [details of audit scope, process, output, etc.] (a) A court with jurisdiction within the applicable State ("State Court") or (b) the Bankruptcy Court if the Purdue chapter 11 case has not been closed shall have jurisdiction to enforce the terms of this agreement, and as applicable, a Statewide Abatement Agreement or Default Mechanism; provided that nothing herein is intended to expand the scope of the B nkruptcy Court's post -confirmation jurisdiction. 4812-5294-4831.v1 14 143 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies ("Core Strategies")[, such that a minimum of _% of the [aggregate] state -level abatement distributions shall be spent on [one or more of] them annually]. A. Naloxone/Narcan 1. Expand training for first responders, EMTs, law enforcement, schools, community support groups and families; 2. Increase distribution to non -Medicaid eligi or sure ividuals. B. Medication Assisted Treatment ("MAT" . Distribution• other opioid -related treatment 1. Increase distribution of MA 'to non- d eli le or uninsured individuals; 2. Provide MAT services to youth ool-based and youth - focused programs that discourage preve isuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Non -MAT treatment, including addition and expansion of services for managing withdrawal and related systems such as detox, residential, hospitalization, intensive outpatient, outpatient, recovery housing, and treatment facilities. C. Pregnant & Postpartum Women l Expand Screening, Brief Intervention, and Referral to Treatment ("SBIRT") services to non -Medicaid eligible or uninsured pregnant women; i Expand comprehensive evidence -based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder ("OUD") and other Substance Use Disorder ("SUD")/Mental Health disorders from 60 days postpartum to 12 months (post -Medicaid coverage); and 3. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare. D. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence -based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant -need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. 4812-5294-4831.vl 15 144 E. F G. AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or other polysubstance abuse problems; 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers to facilitate exp ve.: d` Treatment for Incarcerated Population 1. Provide evidence -based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails that currently have or had detox units to treat inmates with OUD. Prevention Programs 1. Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco); 2. Funding for school-based prevention programs, beyond education about MAT mentioned above, including evidence -based school -wide programs; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); Funding for community drug disposal programs; and Funding for additional city police officers/county sheriffs to specifically address OUD and opioid -related ODs. 4812-5294-4831.v1 Syringe Service Programs wide comprehensive syringe exchange services programs with more ap-around services including treatment information. based data collection and research analyzing the effectiveness of the strategies within the State. 16 145 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE Schedule B Approved Uses20 Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: PART ONE: TREATMENT Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Expand availability of treatment for OUD and any co,, ccurring , UD/MH conditions, including all forms of Medication -Assisted featment T) ap UV' by the U.S. Food and Drug Administration. 2. Support and reimburse services that include theSociety of Addiction Medicine (ASAM) continuum of care for OUD and 4a -occurring SUD/MH conditions, including but not limited to: a. Medication -Assisted Treatment (MAT); b. Abstinence -based treatment; c. Treatment, recovery, or other services provided by states, subdivisions, community health centers; non -for-profit providers; or for-profit providers; d. Treatment by providers that focus on OUD treatment as well as treatment by roviders that offer OUD treatment along with treatment for other SUD/MH ditions; or e. ce-inf ed residential services programs, as noted below. 3. Expand telealth ncrease access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence -based, evidence -informed, or promising practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with 20 [NTD: Discuss expanded list of Approved Uses to be included. Discuss "self-executing" function based on additional information received from NCSG.] 4812-5294-4831.v1 17 146 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Treatment of mental health trauma resulting from the traumatic experiences of the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support detoxification (detox) and withdrawal management services for persons with OUD and any co-occurring SUD/MH conditions, including medical detox, referral to treatment, or connections to other services or supports. 8. Training on MAT for health care providers, students, or other pp rofessionals, such as peer recovery coaches or recovery outreach specialists, includin lementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Fellowships for addiction medicine speciall for'eat , instructors, and clinical research for treatments. 11. Scholarships and supports for certified addiction counselors and other mental and behavioral health providers involved in addressing OUD any co-occurring SUD/M1H conditions, including but not limited to training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. Scholarships for persons to become certified addiction counselors, licensed alcohol and drug counselors, licensed clinical social workers, and licensed mental health counselors practicing in the SUD field, and scholarships for certified addiction counselors, licensed alcohol and drug counselors, licensed clinical social workers, and licensed mental health counselors practicing in the SUD field for continuing education and licensing fees. 13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 14. Dissemination of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service -Opioids web -based training curriculum and motivational interviewing. 15. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication -Assisted Treatment. _11L 11 W1 11 11 11 \ / 1 1,11\ \I 1_3 09 RK13,11 4812-5294-4831.v1 18 147 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE Support people in treatment for and recovery from OUD and any co-occurring SUD/MH conditions through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Provide the full continuum of care of recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, residential treatment, medical detox services, peer support services and counseling, community navigators, case management, and connections to community-based services. 2. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co- occurring SUD/MH conditions. 3. Provide access to housing for people with OUD a conditions, including supportive housing, recover or training for housing providers. ift 4. Provide community support services, includitlg sc deinstitutionalizing persons with OUD and any cc co-occurring SUD/MH assistance programs, ,* services, to assist in SUD/IVIH conditions. 5. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other servi�.s for persons with OUD and any co-occurring SUD/MH conditions. 6. Provide or support transportation to en tr recovery programs or services for persons with OUD and any co-occurrin `SUD/MH conditions. 7. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 8. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 9. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to manage the opioid user in the family. 10. Training and development of procedures for government staff to appropriately interact and provide social and other services to current and recovering opioid users, including reducing stigma. 11. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 12. Create or support culturally -appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans. 4812-5294-4831.v1 19 148 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 13. Create and/or support recovery high schools. 1 ►I►I 1''1111 JILVATA. 030 DI DI 111111011111 is o,I CI n alfia Dino 1 ►I► 1 1 :_ _,_ Provide connections to care for people who have — or at risk of developing — OUD and any co- occurring SUD/MH conditions through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Tx tment, $BIRT) programs to reduce the transition from use to disorders. 3. Provide training and long-term implementatioof IRT in ke ' sys ems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Training for emergency room personnel treating opioid overdose patients on post- discharge planning, including community referrals for MAT, recovery case management or support services. 6. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into community treatment or recovery services through a bridge clinic or similar approach. 7. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 8. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid -related adverse event. 9. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 10. Provide funding for peer navigators, recovery coaches, care coordinators, or care managers that offer assistance to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced on opioid overdose. 4812-5294-4831.0 20 149 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 11. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 12. Develop and support best practices on addressing OUD in the workplace. 13. Support assistance programs for health care providers with OUD. 14. Engage non -profits and the faith community as a system to support outreach for treatment. 15. Support centralized call centers that provide information and c Ncti'ns to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. 16. Create or support intake and call centers to facilitate education and access to treatment, prevention, and recovery services for persons with OUD and any co-occurring SUD/MH conditions. 17. Develop or support a National TreatmentAilabili gh e — multistate/nationally accessible database wherebyproviders can list locations for currently available in-patient and out-patient OUD treatment services that are accessible on a real-time basis by persons who seek treatment. 1 1 1 ; . I ►1 1 �1] �[ lid I la mul.i \ I k/ 1 ' Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved — or are at risk of becoming involved — in the criminal justice system through evidence - based, evidence -inform ro ing progr r strategies that may include, but are not limited to, the following: 1. Support pre -arrest or pr 'gement diversion and deflection strategies for persons with OUD and any co-occurring SUD/MII conditions, including established strategies such as: Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) "Model; c. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 4812-52944831.v1 21 150 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE f. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise and to reduce perceived barriers associated with law enforcement 911 responses. 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence -informed treatment, including MAT, and related services. 3. Support treatment and recovery courts for persons with OUD and any co-occurring SUD/MH conditions, but only if these courts provide referrals to evidence -informed treatment, including MAT. 4. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD an y ca < cc SUD/MH conditions who are incarcerated in jail or prison, s 5. Provide evidence -informed treatment, including T, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual - diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal -justice -involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section u I I_ _ 11 :: IDMW_ 89 80TIMITTW. MINTZER_ -130:111 ' ! Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome, through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Support evidence -based, evidence -informed, or promising treatment, including MAT, recovery services and supports, and prevention services for pregnant women — or women who could become pregnant — who have OUD and any co-occurring SUD/MH conditions, and other measures educate and provide support to families affected by Neonatal Abstinence Syndrome. 4812-5294-4831.v1 22 151 F. AIIC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 2. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions. 3. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 4. Child and family supports for parenting women with OUD and any co-occurring SUD/MH conditions. 5. Enhanced family supports and child care services for parents with OUD and any co- occurring SUD/MH conditions. 6. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events.. 7. Offer home-based wrap-around services to persons with OUD any o -occurring SUD/MH conditions, including but not limited to parent skills training. 8. Support for Children's Services — Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. WO: PREVENTION AND DISPENSING OF OPIOIDS Support efforts a prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based, evidence -informed, or promising programs or strategies that may includ . ut are,not limited to, the following: 1. Training fi ealth care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 2. Academic counter -detailing to educate prescribers on appropriate opioid prescribing. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non -opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 4812-5294-4831.v1 23 152 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point -of -care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD. 6. Development and implementation of a national PDMP — Fund development of a multistate/national PDMP that permits information sharing while providing appropriate safeguards on sharing of private health information, including but not limited to: a. Integration of PDMP data with electronic health records, overdose episodes, and decision support tools for health care providers relating to OUD. b. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT Support efforts to discourage or vent misuse of opioids through evidence -based, evidence - informed, or promising progr r urate ' at may include, but are not limited to, the following: - 1.: Gorr ve advertising or a ative public education campaigns based on evidence. 2: ` ice ti+eation Arng to drug disposal. 3. Drug take -back disposal or destruction programs. 4. Fund community anti-drug coalitions that engage in drug prevention efforts. Support community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction — including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 6. Engage non -profits and faith -based communities as systems to support prevention. 4812-5294-4831.v1 24 153 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 7. Support evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent -teacher and student associations, and others. 8. School-based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 9. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 10. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 11. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. \ MIGILTA DI t 1 1 1 S M4 Support efforts to prevent or reduce overdose deaths or other opioid -related harms through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following:` 1. Increase availability and distribution of naloxon and other drugs that treat overdoses for first responders, overdose patients, opioid users, families and friends of opioid users, schools, community navigators and outreach workers, drug offenders upon release from jail/prison, or other members of the general public. 2. Public health entities provide free naloxone to anyone in the community, including but not limited to provision of intra -nasal naloxone in settings where other options are not available or allowed. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 4812-5294-4831.v1 25 154 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence -informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction ices, treatment, recovery supports, health care, or other appropriate servic to p ns ., a opioids or persons with OU'tiD and any co-occurring SUD/M - .. 12. Provide training in harm reduction strategies to he -79th care 'providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring'SUD/MH conditions. 13. Support screening for fentanyl in routine clinical toxicology testing. Vk[REE N-" RATEGEE S L FIRST RESPONDERS In addition to items C8, D1 through D7, H1, H3, and H8, support the following: 1. Law enforcement expenditures relating to the opioid epidemic. 2. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 3. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid -related emergency events. M Q *111 DI 14.101 I a W 1►.1a I I►lown I )ZK1113 -'i ]i`►71111 [I� Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Community regional planning to identify goals for reducing harms related to the opioid epidemic, to identify areas and populations with the greatest needs for treatment 4812-5294-4831.v1 26 155 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE intervention services, or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A government dashboard to track key opioid -related indicators and supports as identified through collaborative community processes. 3. 4. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. Provide resources to staff government oversight and man' op batement programs. In addition to the training referred to in items A7,`8, A9, NAI C5, D7, E2, E4, F1, F3, F8, G5, H3, H12, and I-2, support train through activities, programs, or strategies that may include, but , B7, B10, C3, opioid epidemic o, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructurelind s ffin for laborative cross -system coordination to prevent g Y opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/MH conditions, or implement ostrategies to abate the opioid epidemic described in this opioid abatement stra s list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RF,SF.ARCH Support opioid abatement research that may include, but is not limited to, the following: a. Monitoring, surveillance, and evaluation of programs and strategies described in this opioid abatement strategy list. b. Research non -opioid treatment of chronic pain. c. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. d. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 4812-5294-4831.v1 27 156 AHC/NCSG/MSGE 06/04/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS SUBJECT TO MEDIATION ORDER AND FRE 408: DO NOT COPY OR DISTRIBUTE e. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. f. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). g. Research on expanded modalities such as prescription methadone that can expand access to MAT. h. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals entering the criminal justice system, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (ADAM) system. i. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. j. Geospatial analysis of access barriers to engagement and treatment outcomes. 157 DRAFT 05/20/20 CONFIDENTIAL SETTLEMENT, MEDIATION AND COMMON INTEREST MATERIALS FOR DISCUSSION AMONG NCSG, AHC AND MSGE ONLY SUBJECT TO MEDIATION ORDER AND FRE 408 Schedule C State Allocation Percentages [TO BE INSERTED] 63779069 v1 4812-5294-4831.v129 158 �r Y OfCB Of Attorney's Matters 04/04/2023 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: March 29, 2023 SUBJECT: Donation of County Property to the Florida Department of Transportation to be Used as Right -of -Way for the County Road 510 Improvement Project The Florida Department of Transportation (FDOT) is in the process of acquiring the property needed for the County Road 510 Improvement Project (Project). The Project will be constructed in several phases, expanding CR 510 from two to four lanes with a divided median. The first phase will begin at the intersection of CR 512 and CR 510 and run south past Sebastian River High Scholl to 87th Street, at the entrance of Vero Lake Estates. Additional phases will continue with the same four lane improvements along the length of CR 510 to the beginning of the Wabasso Causeway. Construction is scheduled to begin in Summer, 2024 and earlier this year, FDOT filed a few eminent domain lawsuits against affected property owners along the first phase of the Project. Those suits are still in their preliminary stages. The estimated cost of the first phase of the Project is $10,000,000 which is funded entirely by FDOT. The County has been assisting FDOT whenever possible by attending informational meetings and providing input with the redesign of intersections. As a result of the construction of the first phase of the Project, a County owned parcel on the west side of CR 510, south of the High School will be impacted. This site contains a lake that assists with the drainage of the eastern portion of the Vero Lake Estates development. Back in 1998, Edwin Ansin dedicated the property to the County and the County agreed to construct a series of ditches that would take water from the eastern part of the development and carry the water to the lake along CR 510. The proposed construction plans for the first phase will impact this lake. Additional County owned property will be impacted as well. The property purchased from the now idle Blue Water Bay subdivision that lies along east and north side of the 90 -degree 159 CR 510 Parcel 100 March 30, 2023 12 curve in CR 510 will also be impacted, including right-of-way donated at the north side of the intersection of 871h Street and CR 510. The County purchased this right-of-way specifically for the expansion of CR 510. The lake property and the property along the 90 -degree bend all make up what the FDOT calls Parcel 100. As you may recall with the Oslo Road Interchange Project, the FDOT requires County owned right-of-way to be dedicated to the FDOT prior to the beginning of construction so the right- of-way acquisition may be certified as being complete by FDOT. The County has been asked to convey this impacted property to FDOT without consideration. The six impacted properties are as follows: • Parcel 100 is a 3.587 -acre strip of property that is located on the west side of CR 510 north of 87th Street and also running along the 90 -degree bend in CR 510 to the north of the existing road and further to the west at the intersection of CR 510 and 86th Avenue. An aerial photo and a map depicting Parcel 100 in highlight are attached to this memo In order for the parcel to be conveyed, the County has been asked to execute the following documents: ✓ A County Quit Claim Deed, at FDOT's request, the County will convey Parcel 100 by County Quit Claim deed, even if an easement interest is being conveyed. ✓ A Resolution declaring Parcel 100 is not needed for County purposes and is being conveyed to FDOT for transportation purposes. In light of the amount of FDOT funds being expended on the Project, staff feels that forgoing compensation for conveyance of Parcel 100 will show continued County support for the project. Upon approval and execution of the above referenced documents, they will be sent to FDOT for recording. FUNDING: There is no expenditure of County funds associated with this matter. STAFF RECOMMENDATION: Staff recommends the Board approve the Resolution for the parcel and approve the County Quit Claim Deed for Parcel 100 and authorize the Chairman to execute the documents on behalf of the Board. Attachments: Aerial Photo and Color Map Depicting Parcel County Quit Claim Deed Resolution Copies to: Richard B. Szpyrka, P.E., Public Works Director Robin D. Brisebois, Right of Way Project Manager, FDOT Mark Besoner, Right of Way Specialist, FDOT 160 Legaw .�.... O` fq ^— fteet Center lines �R Subdivisions Municipal Boundaries 2 IRC Private Schoo +' Z" Government Facilities + . FEDERAL $ftTH'PL a GOVERNMENT COUNTY GOVERNMENT THA:LOCAL GOVERNMENT SCHOOL HOSPITAL - .. -ENFORCEMkW _6�9ft `*AM PARK ' to COUNTY PARK CITY PARK $OAT RAMP - "i► CANOE LAUNCH * CANOE LANDING {i'W Courses --water Parcel ID 31382700000700000002.1 Prop lD 25666 Owner INDIAN RIVER Last 2 Sales Sec/Twp/Rng 27-31-38 Class 8600- County Address COUNTY Date Price Instr Type Quai Property 87TH ST Foreclosed/Owned 180127TH ST 7/1/2001 $100 Unqualified U Address VERO BEACH Acreage 8.45 VERO BEACH, FL - 3 32960 � too tj11MtN-U District 1-1#ORTH COUNTY W/SEB INLV Brief Tax Description CQIAMATTHENWCOROFTHEE Wi FELGQP.7 1% . F V4*OANDRU1il EG 09 MIN 15 SSG WALONG THE W LINE A DISTQFjMFT,**"*jH3 5XIli**`E PARALMiWtj"V49j!:: d UI*A=TOF 40179 FT TO THE POB; tH WS"JA4 #*400 mw Wow &UMV- k : .. � Date created: 3/29/2023 . . . . . A Last Data Uploaded: 3/29/2023 8:06:59 AM ....... ... ..... ..: _ 161 ... ...... .. 03-BSD.03-07/18 This instrument prepared udder the direction of: Elizabeth S. Quintana, Encs District Four Assistant General C Legal Description prepared by: Luis A. Gaztambide, P.S.M. (8/26/2021) Document prepared by: Cochise Wadley (10/18/2022) Florida Department of Transportation Right of Way Production Services 3400 W. Commercial Boulevard Fort Lauderdale, Florida 33309 Parcel No. 100.1 Item/Segment No. 4056064 Section: 88050-2507 Managing District: 04 C.R. No. 510(Wabasso Rd/851 St/90th Ave) County: Indian River COUNTY DEED THIS DEED, Made this day of 20 bY. INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is: 1801 27th Street, Vero Beach, Florida 32960, Grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors, and assigns of organizations). WITNESSETH: That the Grantor, for and in consideration of the sum of 51.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Indian River County, Florida, viz: (More particularly described in the legal description attached hereto) TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 166 Page 1 of 4 Legal Description Parcel No. 100 Item/Segment No. 4056064 A portion of land lying in the Southeast One -Quarter (SE 1/4) of Section 27, Township 31 South, Range 38 East, Indian River County, Florida, as shown on Sheets 6 and 7 of the Florida Department of Transportation Right of Way Map of County Road 510 (90th Avenue), Item/Segment No. 4056064, Section 88050-2507, being more particularly described as follows: Commence at the East One -Quarter (E 1/4) Corner of said Section 27; thence South 89°48'22" East along the North line of the Southwest One -Quarter (SW 1/4) of Section 26, Township 31 South, Range 38 East, a distance of 15.21 feet to the Baseline of Survey of said County Road 510 (90th Avenue); thence South 00°12'12" West along said Baseline of Survey of County Road 510 (90th Avenue), a distance of 133.96 feet; thence North 89°47'48" West along a line at a right angle to the previously described course, a distance of 30.00 feet to a point on the Westerly Existing Right of Way line of said County Road 510 (90th Avenue) and the POINT OF BEGINNING; thence North 89°38'25" West along a line parallel with and 134.00 feet South of the North line of the Southeast One -Quarter (SE 1/4) of said Section 27, a distance of 80.00 feet; thence South 00°12'12" West along a line parallel with and 80.00 feet West of said Westerly Existing Right of Way line of County Road 510 (90th Avenue), a distance of 30.00 feet; thence South 44°47'48" East, a distance of 55.23 feet to the beginning of a non -tangent curve concave Easterly, having a chord bearing of South 03°03'01" East; thence along said curve, having a radius of 5,054.00 feet, through a central angle 05°10'27", an are distance of 456.41 feet to a point of reverse curvature with a curve concave Westerly, having a chord bearing of South 04°3541" East; thence along said curve, having a radius of 4,946.00 feet, through a central angle 02°05'06", an arc distance of 179.99 feet to said Westerly Existing Right of Way line of County Road 510 (90th Avenue); thence North 00°12'12" East along said Westerly Existing Right of Way line of County Road 510 (90th Avenue), a distance of 703.70 feet to the POINT OF BEGINNING. Containing 20,327 square feet, more or less. OzEb. A portion of land lying in the Southeast One -Quarter (SE 1/4) of Section 27, Township 31 South, Range 38 East, Indian River County, Florida, as shown on Sheet 7 of the Florida Department of Transportation Right of Way Map of County Road 510 (90th Avenue), Item/Segment No. 4056064, Section 88050-2507, being more particularly described as follows: Commence at the East One -Quarter (E 1/4) Comer of said Section 27; thence South 89°48'22" East along the North line of the Southwest One -Quarter (SW 1/4) of Section 26, Township 31 South, Range 38 East, a distance of 15.21 feet to the Baseline of Survey of said County Road 510 (90th Avenue); thence South 00°12'12" West along said Baseline of Survey of County Road 510 (90th Avenue), a distance of 973.04 feet; thence North 89°47'48" West along a line at a right angle to the previously described course, a distance of 30.00 feet to a point on the Westerly Existing Right of Way line of said County Road 510 (90th Avenue) and the POINT OF BEGINNING; thence North 89°47'48" West, a distance of 29.00 feet; thence South 00°12'12" West, a distance of 53.26 feet; thence South 89°47'48" East, a distance of 29.00 feet to a point on said Westerly Existing Right of Way line of County Road 510 (90th Avenue); thence North 00°12'12" East along said Westerly Existing Right of Way line of County Road 510.(90th Avenue), a distance of 53.26 feet to the POINT OF BEGINNING. Containing 1,545 square feet, more or less. 168 Page 3 of 4 / 11 A portion of land lying in the Southeast One -Quarter (SE 1/4) of Section 27, Township 31 South, Range 38 East, Indian River County, Florida, as shown on Sheet 7 of the Florida Department of Transportation Right of Way Map of County Road 510 (90th Avenue), Item/Segment No. 4056064, Section 88050-2507, being more particularly described as follows: Commence at the East One -Quarter (E 1/4) Corner of said Section 27; thence South 89°48'22" East along the North line of the Southwest One -Quarter (SW 1/4) of Section 26, Township 31 South, Range 38 East, a distance of 15.21 feet to the Baseline of Survey of said County Road 510 (90th Avenue); thence South 00°12'12" West along said Baseline of Survey of County Road 510 (90th Avenue), a distance of 1,320.02 feet; thence North 89°47'48" West along a line at a right angle to the previously described course, a distance of 30.00 feet to the point of intersection with said Westerly Existing Right of Way line of County Road 510 (90th Avenue) and the Northerly Existing Right of Way line of 87th Street, also being the POINT OF BEGINNING; thence North 83°23'42" West along said Northerly Existing Right of Way line of 87th Street, a distance of 76.46 feet; thence North 06°36'18" East, a distance of 23.00 feet; thence South 83°2342" East along a line parallel with and 23.00 feet North of said Northerly Existing Right of Way line of 87th Street, a distance of 73.88 feet to a point on said Westerly Existing Right of Way line of County Road 510 (90th Avenue); thence South 00° 12'12" West along said Westerly Existing Right of Way line of County Road 510 (90th Avenue), a distance of 23.14 feet to the POINT OF BEGINNING. Containing 1,729 square feet, more or less. I:1101I A portion of land lying in the Southwest One -Quarter (SW 1/4) of Section 26, Township 31 South, Range 38 East, Indian River County, Florida, as shown on Sheets 8 and 9 of the Florida Department of Transportation Right of Way Map of County Road 510 (85th Street), Item/Segment No. 4056064, Section 88050-2507, being more particularly described as follows: Commence at the Southwest (SW 1/4) Corner of said Section 26; thence South 89°42'24" East along the South line of said Southwest One -Quarter (SW 1/4) of Section 26, a distance of 205.85 feet; thence North 00117'36" East along a line at a right angle to the previously described course, a distance of 0.25 feet to the Baseline of Survey of said County Road 510 (85th Street); thence South 89°46'38" East along said Baseline of Survey of County Road 510 (85th Street), a distance of 69.13 feet; thence North 00°13'22" East along a line at a right angle to the previously described course, a distance of 50.00 feet to a point on the Northerly Existing Right of Way line of said County Road 510 (85th Street) and the POINT OF BEGINNING; thence North 0091'50" East, a distance of 506.80 feet to the beginning of a non -tangent curve concave Northeasterly, having a chord bearing of South 58°46'55" East; thence Southeasterly along said curve, having a radius of 900.00 feet, through a central angle 611154'43", an are distance of 972.51 feet to the end of said curve; thence South 00°13'22" West, a distance of 30.00 feet to a point on said Northerly Existing Right of Way Iine of County Road 510 (85th' Street); thence North 89°46'38" West along said Northerly Existing Right of Way line of County Road 510 (85th Street), a distance of 793.45 feet to the POINT OF BEGINNING. Containing 3.045 acres, more or less. All together containing 3.587 acres, more or less. 169 Page 4 of 4 RESOLUTION NO.2023- 03-BSD.04-07/18 This instrument prepared under the direction of: Elizabeth S. Quintana, EsA. District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide. P.S.M. (8/26/2021) Parcel No. Document prepared by: Item/Segment No. Cochise Wadley (10/18/2022) Section: Florida Department of Transportation Managing District: Right of Way Production Services C.R. No. Ave) 3400 W. Commercial Boulevard County: Fort Lauderdale, Florida 33309 100.2 4056064 88050-2507 04 510 (Wabasso Rd/85th St/90th Indian River A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONVEYING COUNTY OWNED PARCEL 100 TO FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 510, Item/Segment No. 4056064, Section 88050-2507, in Indian River County, Florida: and WHEREAS, it is necessary that certain lands now owned by Indian River County, Florida, be acquired by the State of Florida Department of Transportation: and WHEREAS, said property is not needed for County purposes: and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a deed, or deeds, in favor of the State of Florida Department of Transportation, conveying all rights, title and interest that said County has in and to said lands required for transportation purposes, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the application of the State of Florida Department of Transportation for a deed, or deeds, is for transportation purposes which are in the Page 1 of 2 170 RESOLUTION NO. 2023 - public or community interest and for public welfare and the land needed for transportation purposes is not needed for county purposes; that a deed, or deeds, in favor of the State of Florida Department of Transportation conveying all right, title and interest of Indian River County, Florida, in and to said lands should be drawn and executed by this Board of County Commissioners. Consideration shall be $0.00. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33309. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of _ .2023. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: William K. DeBraal County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA LIM Joseph H. Earman, Chairman Page 2 of 2 171 X543 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: March 22, 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: Solid Waste Assessment and Tipping Fee Rate Study Descriptions and Conditions: The Solid Waste Disposal District (SWDD) is operated as an enterprise fund with the two primary sources of revenue being the Solid Waste Disposal Rates (tipping fees) charged at the Indian River County (IRC) Landfill and the fees collected through a non -ad valorem special assessment for improved residential and commercial properties throughout Indian River County. These fee structures were originally established through a rate resolution for the tipping fees and an ordinance for the assessment fees. These rates were established in 1995 through a waste composition study. There have been some minor clarifications and adjustments throughout the years; however, the overall structure remains the same. Due to the continued need to increase the annual special assessment to keep up with the increased costs, staff began in early 2020 to look into the landfill tipping fees and the overall assessment program in an effort to reevaluate and modernize the financial strength of SWDD. As a first step, a purchase order in the amount of $10,000 (not to exceed) was issued to Kessler Consulting, Inc. (KCI) on March 27, 2020 to initiate a Solid Waste Disposal Rate Survey to compare SWDD's disposal rates with up to ten other counties in the state. These counties were selected due to their geographical proximity or similar population. Additionally, only counties with publicly owned landfills and/or transfer stations, similar to the SWDD, were considered for this analysis. On July 7, 2020, staff presented a summary of the tipping fee rate survey performed by KCI and the SWDD Board approved staff recommendation to bring back a proposal for a full solid waste rate analysis. On December 1, 2020, the SWDD Board approved the proposal from KCI to perform Phase I of the project to review and analyze existing data and to select field-based methodologies for measuring waste generation. Per recommendation from KCI, there was a strategic delay in starting the project to avoid the impacts of Covid-19 on the possible change in waste generation both on the residential and commercial sector. However, on August 17, 2021, the SWDD Board approved the proposal from KCI to perform Phase 2 project to provide on-site and analytical testing services to complete the rate study. The total cost approved to date for the project is $221,250; however, the actual spent to date are expected to be approximately $219,550. This work can be approximately broken down into the following categories: a) Tipping Fee Analysis - $10,000; b) purchase and installation of truck scales on two Waste Management (WM) vehicles - $28,000; c) Waste Generation Study - $123,550; and d) Rate Study - $58,000. This is about a $1,700 savings; however, the actual amount will be determined after the final invoice in April 2023. ea3df404-2d5e-4d6b-ac98-18e02elcc5de Page 117? SWDD Item The field collection data began in October 2021 and the corresponding waste generation study was anticipated to be completed in early 2022 with the intention of completing the rate study for Fiscal Year 2022/23; however, there was a delay due to truck repairs on WM's two vehicles. Once the trucks were repaired, KCI was able to collect additional seasonal field data through July 2022 to maximize the information used in the waste generation study. On January 31, 2023, KCI presented the findings of the waste generation study to the SWDD Board. Overall KCI identified that most properties, including residential, have a lower annual generation rate than what was determined in 1995. Meaning that less material is being processed by SWDD that is being generated by County properties, and a shift in the revenue generation for operations of the landfill and other facilities, should be considered. Some particular commercial entities though have shown an increase in their generation rates based upon the data collected. The purpose of this agenda item is to have KCI present the findings of the Rate Study and to obtain SWDD Board direction and approval to begin the process for modifying both solid waste assessment and tipping fee changes that would take effect starting October 1, 2023. Analysis: The following is a brief summary of how the implementation of the tipping fee analysis and the waste generation study factors into the various scenarios to provide solid waste rates and fund balance sufficiency for the next ten years. TIPPING FEE ANALYSIS AND RECOMMENDATION: Based on the initial survey of surrounding and similar size counties by KCI in 2020 as well as an updated survey in 2022, it was determined that the tipping rates in Indian River County are significantly less across the various categories. In staff's opinion, this creates an opportunity where "out of count" waste is brought in to IRC due to lower costs. KCI has provided a rate comparison table in Attachment A of their attached Rate Study report to show how IRC's rate compare to surrounding and similar size counties. The attached Table 1 summarizes the recommended SWDD tipping fee changes that would go in effect on October 1, 2023 and then 3% annually thereafter. RATE STUDY SUMMARY AND RECOMMENDATION: KCI developed a multi-year projected financial program that analyzed revenues versus planned expenditures over a five-year and a ten-year period. These also included capital expenditures ranging from $17.3 million in the next five years and an additional $22.3 million the following five years for a total ten- year projection of $39.6 million. These projections were then further revised into five separate scenarios to gauge impacts of two primary factors: the implementation of proposed new Waste Generation Unit (WGU) rates from the generation analysis performed in 2022 and the increase of various tipping fees to be in line with market levels, especially of neighboring counties and solid waste districts. Please note, The County's current fund balance target for the SWDD fund is that a minimum of 30% total expenditures (including capital investment projects and transfers) be maintained as unrestricted funds. For the purposes of this study, a slightly more conservative 35% minimum was used. ea3df404-2d5e-4d6b-ac98-18e02e1cc5de Page 217 SWDD Item This analysis was broken down into the following five options: 1. Baseline (No Changes): This scenario did not implement new recommended WGU rates and did not apply any changes to tipping fee rates for either a five- or ten-year period. Per KCI, the lowest the fund balance reached in the ten-year period is in FY 2032 at 26% this is predominantly due to large capital expenditures being planned for during that and the preceding years. This is below the recommended fund balance of 35%. 2. Scenario 1: This scenario only applied the new recommended WGU rates to the revenue projections for the five- and ten-year periods. As noted by KCI in the Generation Study technical memorandum, these rates are lower based upon new data representing lower generation of waste by most types of properties, and some that are higher. These lower overall generation rates then apply to the same assessment charges and show an impact of lower revenues throughout the ten-year period. KCI projections shows that if the new recommended WGU rates are applied, the fund will go below the recommended fund balance minimum percentage of 35% in FY 2031, and will be negative in the following years. This is again due to capital expenditures projected to impact the fund in that and previous years. 3. Scenario 2: This scenario only applied increases to tipping fees based upon review by SWDD to the five- and ten-year periods, and then increased them by an estimated CPI increase of 3% in outer years. In this scenario, revenues increase due to the tipping fee changes and the fund does not fall below the 35% fund balance target in the ten-year period. 4. Scenario 3: This scenario applied both recommended WGU rates and proposed tipping fee changes from Scenario 2 to the five- and ten-year periods. In this scenario the impacts of increasing the tipping fees positively impacts the reductions in revenue due to the WGU rate changes and the fund does not go below the minimum fund balance threshold of 35% in the ten- year period. 5. Scenario 4: This scenario applied a differential implementation of recommended WGU rates to be applied over a three-year period. This would include a revision to the WGU's of 50 percent of the proposed change in FY 2024 and the remaining 50% of the change in FY 2027. This scenario also implemented the new proposed tipping fees as presented in Scenarios 2 and 3 with a 3% increase per year in tipping fee rates through the ten-year period. In this scenario the impacts of increasing the tipping fees positively impacts the reductions in revenue due to the WGU rate changes and the fund does not go below the minimum fund balance threshold of 35% in the ten- year period. All scenarios were identical in projected capital expenditures and associated projected revenues and expenditures in all other aspects. Per KCI, the SWDD fund is in good shape for the coming five years no matter how SWDD chooses to implement potential revisions to their revenue structure. This provides SWDD some ease in determining the appropriate way to cover costs for the future and to plan for future capital investment needs. It also provides options for SWDD to consider that would not have immediate disparaging effect if implemented and could be reviewed for impacts for the coming years to verify projections. As noted in the Generation Study technical memorandum, KCI has determined that the previous WGU rates that were in place are not accurate with current generation data based upon their age and changes in waste generation trends over the past two decades. Along with this information, an analysis occurred to determine if the proposed generation rates fell into line with actual tonnage data provided by the ea3df404-2d5e-4d6b-ac98-18e02e1cc5de Page 31754 SWDD Item Landfill. Since this data appeared more accurate than previous WGU information, it is recommended that these new rates be implemented. As this rate study has shown, however, these new WGUs will reduce associated assessment revenue each year going forward, requiring SWDD to revise their revenue methodologies to cover similar expense requirements and new capital costs in the future. To do this, tipping fee rates have been evaluated for revision and increase for particular types to bring these more into line with neighboring counties and market levels. The results of which show positive revenue impacts and effective fund balance coverage for the future. It should be noted that future projections get increasingly less accurate each year going forward due to the unpredictability of markets, the economy, growth, and many other factors that impact the projections included in this study. As such, the fact that all scenarios reviewed meet financial requirements in the next five-year period is a positive note, with the County or SWDD having the ability to impact the ten-year projections with multiple variables in the future. Using the information gathered in this study, KCI (with SWDD leadership's input and guidance) recommends that Scenario 3 or Scenario 4 be strongly considered for implementation with regular review of the SWDD fund's financial standing to verify projection accuracy. This will implement more accurate, defensible generation rates for County residents and businesses while also implementing new tipping fees to meet market requirements and to further benefit flow control. Finally, it is recommended that these funding scenarios be reviewed upon completion of the current franchise collection procurement process to integrate new collection costs into the model and to update rate changes or impacts accordingly. Funding: This agenda provides the results of the final rate study and is not requesting any funding. Recommendation: Solid Waste Disposal District staff recommends that the Board consider the following options as presented by Kessler Consulting, Inc. in the 2022 Rate Study: 1. No changes to current Waste Generation Units or the Tipping Fees. 2. Change only the Waste Generation Units. 3. Change only the Tipping Fees. 4. Starting October 1, 2023, change both the Waste Generation Units and the Tipping Fees. S. Starting October 1, 2023, change the Tipping Fees 100% and the Waste Generation Units by only 50%; however, change the remaining Waste Generation Units by 50% starting October 1, 2027. Staff recommends Option 5 and, if approved, request that the SWDD Board direct staff to begin the process for modifying both solid waste assessment and tipping fee changes, that would take effect starting October 1, 2023. Attachments: 1. KCI Technical Memorandum — Rate Study 2022 ea3df404-2d5e-4d6b-ac98-18e02e1cc5de Page 417S5 Table 1- New SWDD Tipping Fees Type of Disposal Use Code Fee Basis Current Proposed Rate Change % Change Mixed Garbage and C&D GCH $/ton $32.50 $34.13 $1.63 5% C&D Debris WCD $/ton $31.80 $44.52 $12.72 40% C&D $/ton $30.00 $42.00 $12.00 40% DIR $/ton $3.00 $3.15 $0.15 5% Asphalt ASP $/ton $31.80 $44.52 $12.72 40% Pallets PAL $/ton $31.80 $44.52 $12.72 40% Clean Concrete CCD, SCC $/ton $3.00 $15.00 $12.00 400% Land Clearing Debris LCD $/ton $22.00 $42.00 $20.00 91% CHP $/ton $18.00 $38.00 $20.00 111% Yard Trash YDT $/ton $0.00 No change $0.00 $0.00 FDOT Yard Trash FOOT $/ton $24.48 $42.00 $17.52 72% Garbage in Yard Trash AGAR Each $25.00 No change $0.00 $0.00 Contaminated Land Clearing Debris LCN $/ton $55.00 No change $0.00 $0.00 Contaminated Yard Trash YDC $/ton $55.00 No change $0.00 $0.00 Contaminated C&D CDL $/ton $55.00 No change $0.00 $0.00 Contaminated Soil CCS $/ton $55.00 No change $0.00 $0.00 Contaminated Soil- Alternative Cover CCS -AC $/ton $5.00 $20.00 $15.00 300% Charity Projects - C&D CPC $/ton $31.80 $44.52 $12.72 40% Charity Projects - Garbage CPG $/ton $32.50 $34.13 $1.63 5% Dewatered Sludge UTS $/ton $15.00 $40.00 $25.00 167% Septage/Grease/Grit SGG $/ton $15.00 $40.00 $25.00 167% Dewatered Sludge VB-UTS $/ton $24.23 $49.23 $25.00 103% Animal Disposal -Small ANS each $5.00 No change $0.00 $0.00 Animal Disposal -Large ANL each $50.00 No change $0.00 $0.00 Out of County MSW OCG $/ton $60.00 $70.00 $10.00 17% Asbestos ASB $/ton $140.00 No change $0.00 $0.00 Tires -Auto TAS*, TAU*, TDO* $/ton $95.00 $150.00 $55.00 58% each $2.00 Remove Remove Remove Tires -Truck TTR, TTS, TMS* $/ton $100.00 $300.00 $200.00 200% each $5.00 Remove Remove Remove Tires - Heavy Equip. THE, THS $/ton $130.00 $300.00 $170.00 131% each $20.00 Remove Remove Remove Treated Ties/Poles TTP $/ton $32.53 $45.00 $12.47 38% Special Waste Handling SWH each $50.00 $70.00 $20.00 40% Vehicle Weight Tare/Gross VWS each $3.00 $10.00 $7.00 233% Uncovered Load UL each $25.00 $100.00 $75.00 300% Scrap Metal / White Goods RSM each $0.00 $0.00 $0.00 $0.00 Boats BOT $/ton $32.50 $45.00 $12.50 38% Mobile Home Trailers MHT $/ton $31.80 $45.00 $13.20 42% Red Tide Debris REDTIDE $/ton $32.50 $45.00 $12.50 38% Electronics - Residents REW each $0.00 $0.00 $0.00 $0.00 Electronics - Businesses BEW $/ton $0.00 $60.00 $60.00 NEW Household Hazardous Waste HHW each $0.00 $0.00 $0.00 $0.00 ' The first six (6) Residential Tires will continue to be accepted at no charge at the IRC Landfill and at all five (5) Customer Convenience Centers (CCC's). No heavy tires will be accepted at the CCC's. No Tractor or Agricultural Tires will be accepted at the CCC's or the IRC Landfill as SWDD does not have a proper means of disposal. 176 ea3df404-2d5e-4d6b-ac98-18e02e1cc5de Page 5 of 5 kessler consulting March 27, 2023 Himanshu Mehta, P.E., Managing Director, Indian River County Solid Waste Disposc- District Chas Jordan, Project Manager, Kessler Consulting, Inc. Technical Memorandum - Rate Study - 2022 EXECUTIVE SUMMARY The Indian River County (County) Solid Waste Disposal District (SWDD) requested that Kessler Consulting, Inc. (KCI) perform a Rate Study analysis in concert with their review of applicable waste generation unit rates. This study includes a review of their residential solid waste assessment and disposal fees and then provides recommendations for solid waste rates and fund balance sufficiency for the next ten years. The primary focus of this project was on determining the long-term financial impacts of implementation of new waste generation rates and also the SWDD fund's financial health for the future. This report details the assumptions and methodology used in the rate model, findings pertaining to revenue and expense projections (REP), and recommendations to help achieve and maintain fund balance health. This project also reviewed appropriate scheduling of major capital improvements, thus maintaining a healthy fund and limiting cost impacts to customers. INTRODUCTION AND OVERVIEW OF COUNTY'S SOLID WASTE SYSTEM The County is located on the east coast of Florida with a population of 165,559' in 2022. SWDD manages the collection and disposal of solid waste materials from both residential and commercial properties. SWDD is funded through an enterprise fund organized into two primary programs: Landfill Operations and Convenience Center/Recycling. SWDD holds a subscription franchise agreement for waste collection services with Waste Management, Inc. of Florida (WMIF) that services residences, multi- family, and commercial customers. SWDD also operates a landfill and drop off center complex for disposal of various types of waste from the collection franchise vendor and other commercial and residential entities. Maintenance and management of the landfill is done through an agreement with Republic Services, Inc. METHODOLOGY The rate model used in this study was developed using Microsoft Excel° and is a dynamic model that includes a comprehensive long term fund sufficiency analysis and REP through fiscal year (FY) 2033. KCI customized this rate model to estimate the SWDD's REP over both a five-year and a ten-year planning period. The REP worksheets allow various assumptions to be updated as changes in revenue and/or expenses are anticipated or are being considered so that the effect on the fund can be identified and evaluated. For example, if a rate increase is considered, the proposed rates can be entered into the University of Florida- Bureau of Economic and Business Research 14620 N. N E B RASKA AVE BLDG D I TAMRA; F1, 33613 1,813,071-:80.3 1 KESCOIS ULT- :CQM 177 indtenRiverCbunty/2022-MeSWdy/Finai_RateStudy TM F-1 -morandum 103/27123 I Pape 2 of 21 worksheet to project the effect on the fund. As another example, increased capital improvement costs can be put into the model and can then show fund balance impacts now and in the future. The model can identify projected fund balance shortfalls, which may trigger the need to increase rates or reduce costs to make up for the projected deficit. The model can also be used to evaluate "what if' scenarios should a change in one or more of the critical drivers become imminent. The visibility provided by this REP worksheet will help SWDD to be better prepared to meet future budget requirements, make appropriate rate -setting and operational decisions, and be proactive in maintaining healthy and sustainable funding sources. Finally, the model provides for input and output data to be displayed such as: Inputs: • Revenue Growth • Rate Changes • Expense Growth • Unit Growth • Tonnage Growth • Tip Fees Changes • Capital Improvement Projects Outputs: • Assessment Rates • Fund Balance Assumptions Fund revenues were grouped into the following categories: • Service Assessment: Total collection assessment revenue. • Landfill Assessment: Total landfill assessment revenue. • FEMA Grants: Funds provided by FEMA in reimbursement for emergency costs. • Landfill Tip Fees: Tip fee revenue from all types. • Recycle Sales: Revenue sharing from recyclables processing. • Interest: Revenue due to investment interest. • Other Base Revenue: All other revenue sources. Expenditures were assigned to one of the two following programs as reported by the County: • Landfill Operations: o Operational Costs for the management, maintenance, and upkeep of the Indian River County Solid Waste Complex (Landfill). o Franchise Subscription Collection Services Management. 14620 N. NEBRASKAAVE.BLDd D ( TAMPA; F1, 33613 813.97 :8333 KESCONSULT.CQM 178 i IndianRiverCounty/2022-Rate Study/Final_Ratekudy Tm 2022 Rate Study Technical Memorandum 103/27/23 1 Page 3 of 21 kessler consulting inc. innovative waste solutions • Convenience Center and Recycling: o Convenience Center Management and Maintenance. o Countywide Recycling and Waste Diversion Programs. Expenditures were grouped within each Program into the following categories: • Personal Services o Salaries: Personnel salaries and wages. o Retirement: Retirement benefit contributions and costs. o Insurance: Personnel benefit insurance costs. o Worker's Comp: Worker's Compensation benefit costs. o Benefits: All other personnel benefit costs. • Operating Expenses: o Contracted Services: All services contracted to a vendor. o Depreciation: Depreciation allocations of assets. o Debt Charges: Payments on existing debt proceeds to the fund. o Fuel: Fuel for vehicles and equipment. o Landfill Closure: Expenses associated with the maintenance of closed landfills and cells. o Liability Insurance: Costs associated with liability insurance for SWDD. o Property Insurance: Costs associated with property insurance for SWDD. o Janitorial: Building cleaning and maintenance costs. o Postage: Postal and mail costs. o Publications: Expenses associated with the purchase and use of published materials. o Food: Any costs associated with the purchasing of food. (No expenses shown in model) o Utilities: Costs associated with necessary utilities at the Landfill. o Vehicle Maintenance: Maintenance costs for the upkeep of vehicles and equipment. o Vehicle Service: Allowances allocated for vehicles in the SWDD budget. o Other: Miscellaneous operating expenses not associated with another category. • Interfund Transfers: Transfers to other County funds for administrative or maintenance requirements. • Capital Outlay: Capital costs associated with annual capital purchases or Capital Improvement Program projects. REP The methodology for developing the REP is summarized within this section. The REP worksheet links assumptions together to project anticipated changes in revenue and/or expenses and the resulting effect on the SWDD fund. The growth projections listed below were all applied to FY 2021 actual revenue, expenses, unit counts, and tonnages. In the following bullets, various assumptions are defined 14620 N. NEBRASKA AVE BLDG D j TAMPA; ttl ( 33613 1 813.�7Z.8333 ( KESCONSUL'f:COM 179 ..... 111diagRlvlrC0Yrlty/2022-Rate StudyJFinal_RateStudy TM . ' 2022 Rate Study Technical Memorandum 103/27/23 1 Page 4 of 21 and/or sourced and the interrelationship in the model identified. • Revenue Growth Projections: kessler consulting inc. innovative waste solutions Growth Projections associated with revenues were assigned to the primary categories as detailed above in the assumptions. A growth projection was not directly applied to the Service Assessment as this was calculated based on unit counts and Waste Generation Units (WGUs) (with an adjustment factor based on historical calculated to actual revenue). A growth projection was also not directly assigned to the Landfill Tipping Fees as this was calculated based on tonnages and tip fees (with an adjustment factor based on historical calculated to actual revenue). o Landfill Assessment: This was projected at a rate of 5% per year based upORapplicable growth and historical trends. o FEMA Grants: This was projected at a rate of 0% due to the unpredictability of this revenue. o Recycle Sales: This was projected at a rate of 2% based upon historical trends and review with County staff. o Interest: This was projected at a rate of 6% based upon historical trends and review with County staff. o Other Base Revenue: This was projected at a rate of 0% due to the unpredictability of this revenue. a Expenditure Growth Projections: Growth projections associated with expenditures were assigned to the primary categories as detailed above in the assumptions. A growth projection was not applied to Capital Outlay as this was directly applied through capital project planned expenditures. These expenditure growth projections were based on County internal growth projections for long term financial planning. o Personal Services: This was projected to increase at a rate of 5% per year. o Operating Expenses: This was projected to increase at a rate of 3% per year. o Interfund Transfers: This was projected to increase at a rate of 2% per year. • Applicable Unit Growth Projections: These growth projections estimate the planned growth of residential and commercial units within the County. As such, they directly impact assessment revenue rates based upon the applicable WGUs that impact revenue lines. The categories listed below align with major categories associated with the "SWDD Roll" and the use codes associated with properties in the County. These assumptions are made using historical trends and were reviewed and agreed to by County staff. o Single Family: This was projected to increase at a rate of 0.1% per year. o Multi -Family: This was projected to increase at a rate of 0.5% per year. p o Condominiums: This was projected to increase at a rate of 3% per year. + o Other Residential: This was projected to remain the same each year going forward. o Office: This was projected to decrease at a rate of 0.1% per year. 14620 N. NEBRASKA:AVE. BLDG D TAMPA; Fi. 33613 ( 813.97X:8333 1 KESCONS.UMCOM 180 1 I3nR!%rCouhty/2022-Rate Study/Final: RateStudy_TM 0 0 0 0 Retail: This was projected to remain the same each year going forward. Food Service: This was projected to remain the same each year going forward. Industrial: This was projected to remain the same each year going forward. Other Commercial: This was projected to remain the same each year going forward. • Tonnage Projections: Tonnage projections impact revenues from tipping fees based upon their tonnage growth, independently from changes in the tip fee itself. These are broken down into four major categories based upon historical trends, and all other tonnage categories not listed in this series are represented as having no projected growth based upon those trends. These categories include Garbage, Sludge, Construction & Demolition Debris (C&D), and Yard Waste. o Garbage (waste code GCH): This was projected to increase at a rate of 1% per year. o Sludge (waste codes VB-UTS and UTS): ihis was projected to increase at a rate of 1% per year. o C&D (waste codes WCD, C&D, DIR): This was projected to increase at a rate of 1% per year. o Yard Waste (waste codes CHP and LCD): This was projected to increase at a rate of 1% per year. • Fund Balance Policy o The County's current fund balance target for the SWDD fund is that a minimum of 35% total expenditures (including capital investment projects and transfers) be maintained as unrestricted funds. For the purposes of this study, the 35% minimum was used. Capital Expenditure Impacts REPs are necessary to appropriately plan for fund balance sufficiency and targets in future years. As such, major expenditures were analyzed for projected impacts to the solid waste funding sources. Capital expenses are a considerable factor in analyzing the funding structure for this program. In the operation of a major landfill, major planned expenditures for large value items such as the closure or maintenance of existing cells and the construction and opening of new cells is essential to guarantee financial solvency for future needs. KCI utilized existing Capital Improvement Plans and projected long term needs supplied by SWDD to develop future capital outlay projections (Tables 1 and 2). Table 1: Projected Capital Expenditures — FY 2034 - FY 2028 FY ,I , Cell3Construction $7,700,000 Design, Permit & $2,000,000 Construct LFG Expansion of Cell H of Segment a Design, Permit & $2,000,000 Construct LFG Expansion of Cell III of i 14620 N. NEBRASKA:AVE BLDG D I TAMRA;A.1.3-3613 � 813,97x.8333 � KESCONSUM-CQM: 181 hd6M]"rQUnty/2022-Rate Study /Final _RateStudy_Th1 Segment 3 Blue Cypress Transfer Station New South Exit Gate & $480,000 Road Improvements Yard Waste Road $420,000 Extension & Improvements Improvements for C&D $1,020,000 Operations Dedicated right turn $1,625,000 lane along 74th Ave SW, Auto Entry Main Gate, License Plate Cameras 2nd CROM Tank with Double Wall $270,000 $1, Table 2: Projected Capital Expenditures — FY 2029 — FY 2033 LL OWL, Cell 4 Design & $1,350,000 $9,900,000 Construction New Admin Building $625,000 New Recycling $10,400,000 Processing Facility & Equipment The projects listed in FY 2030, FY 2031, and FY 2032 (Cell 4, Admin Building, and New Recycling Processing Facility) are the most impactful on long term financial planning. Currently the financial projections for the first five years, regardless of generation or tipping fee rate changes, meet fund balance minimum requirements, however the next five years require pre -planning for revenue sufficiency to cover and maintain fund balance. RESULTS KCI utilized the methodologies and data provided above to develop a multi-year projected financial program that analyzed revenues versus planned expenditures over a five-year and a ten-year period. These projections were then further revised into five separate scenarios to gauge impacts of two primary factors: the implementation of proposed new WGU rates from the generation analysis performed in 2022 and the increase of various tipping fees to be in line with market levels, especially of neighboring counties and solid waste districts. This analysis was broken down into the following: 1. Baseline (No Changes): This scenario did not implement new recommended WGU rates and did 14620 N. NEBRASKA AVE BLDG D ) TAMPA, FL -1336131 813,971:8031 1 KESCONSULT.-COM 182 Ind1aAR1"rCOUWJ2022-Rate Study/Final RateStudy TNI l - R_ not apply any changes to tipping fee rates for either a five- or ten-year period. 2. Scenario 1: This scenario only applied the new recommended WGU rates to the revenue projections for the five- and ten-year periods. 3. Scenario 2: This scenario only applied increases to tipping fees based upon review by SWDD to the five- and ten-year periods, and then increased them by an estimated CPI increase of 3% in outer years. 4. Scenario 3: This scenario applied both recommended WGU rates and proposed tipping fee changes from Scenario 2 to the five- and ten-year periods. 5. Scenario 4: This scenario applied a differential implementation of recommended WGU rates to be applied over a three-year period. This would include a revision to the WGU's of 50 percent of the proposed change in FY 2024 and the remaining 50% of the change in FY 2027. This scenario also implemented the new proposed tipping fees as presented in Scenarios 2 and 3 with a 3% increase per year in tipping fee rates through the ten-year period. All scenarios were identical in projected capital expenditures and associated projected revenues and expenditures in all other aspects. Assessment Rate Increases: All scenarios include a 5% Assessment rate projected increase annually. Table 3 represents the proposed rate increase percentages and their impact on the Assessment rates: Table 3: Projected Assessment Rates FY 2024 FY 2025 FY 2026 �Y 2027 1 Y Z0. Assessment Base Rate $57.95 $60.85 $63.89 $67.08 $70.44 ($/WGU) Assessment Recycling Rate $38.84 $40.78 $42.82 $44.96 $47.21 ($/WGU) Total Residential Rate ($/HH) $147.49 $154.86 $162.61 $170.74 $179.27 IFY 2029 FY 2030 FY 2031FY 2033 Assessment Base Rate $73.96 $77.66 $81.54 $85.62 $89 ($/WGU) Assessment Recycling Rate$49.57 $52.05.' $54.65'F"" 54.65 $57.38 $60.25 . ($/WGU) Total Residential Rate ($/HH) $188.24 $197.65 $207.53 Y $217.91 $228.80 Proposed Tip Fee Increases: In 2020, KCI performed a tip fee comparison survey for SWDD to review their tipping fees versus other comparable or geographically close disposal service providers and counties. This survey showcased that in most instances, SWDD provided some of the lowest tip fees of all those compared. Using this survey, the project team developed a proposed tip fee schedule that would then bring these fees into line with market rates, especially those that are neighbors of the County. This will assist in managing flow control 1462:0 N. NEBRASKA -AVE BLDG D ( TAMPA; L:1 33613 1813,071. 01.3 KESCONSUk'f.CQM 183 . IndianRK*rCvunty/M22-Rate Study/Final RateStudy_* 2022 Rate Study Technical Memorandum 103/27/23 I Page 8 of 21 kessler consulting i innovativ :.elf. ,t _' � ' 0- for the Landfill by limiting outside of county users bringing their materials to the Landfill for disposal due to their lower pricing. KCI used these proposed tip fees to document financial impacts over the ten-year period to determine if these would benefit the SWDD fund. Some of these tip fees, as noted, are integrated into the rate model, with the respective proposed tip fee changes included in Scenarios 2 and 3. Table 4: New Proposed Tipping Fee Rates in Scenarios 2 and 3 Type of Disposal Use Fee 13;;sis Current Propw&d Rate % Code GCH $/ton $32.50TTIMML Change 11T Change CAD Debris WCD$/ton . .� $31.80 $44:52... 40% $12.72 $/ton $30.00 $42.00 $12.00 40% DIR- $/ton $3.00 $3.15 $0.15 a 5/0 $/ton $31.80 $44.52 $12.72 �46.Ao% Pallets PAL $/ton $31.80 $44.52 $12.72 1 40% I Clean Concrete" CCD, $/ton $3.00 $15.00 $12.00 400% SCC - Land Clearing Debris LCD $/ton $22.00 $42.00 $20.00 91% CHP $/ton $18.00 $38.00 $20.00 111% Yard Trash YDT $/ton $0.00 $0.00 $0.00 $0.00. FDO MOT $/ton $24.48 $42.00 $17.52 72% ? Garbage in Yard Trash AGAR Each $25.00 $25.00 .$0.00. $0.00 C6tlqated Land Clearing Debris LCN $/ton $55.00 $55.00 $0.00 $0.00 > Contaminated Yard Trash YDCL/t$55.00 $55.00 .$.,0.00 Contaminated C&D+ CDL$55.00 $55.00 $0.00 $0.00 Contaminated Soil CCS$55.00 $55.00 $0.00 $0.00 Contaminated Soil - Alternative Cover CCS-AC$5.00 $20.00 $15.00 300% Charity Projects - C&D CPC $/ton $31.80 $44: S2 $12.72 40% Charity Projects - Garbagg, CPG $/ton $32.50 $34.13 $1.63 5%, Dewatered Sludge UTS $/ton $15.00 $40.00 $25.W 167% Septage/Grease/Grit SGG $/ton $15.00 $40.00 $25.00 167% Dewatered Sludge VB-UTS $/ton $24.23 $49.23 $25.00 103% Animal Disposal -Small each $5.00 $5.00 $0.00 t Animal Disposal - Large ANL each .. $50.00 $50.00 $0.00 $0.00.. Out of County MSW OCG $60.00 $70.00 $10.00 14620 N. NEBRASKA AW L3LDG D TAMPA;ft) 33613 813 97x:8333 KESC©NSUkT:CQM 1 84 . Indlaa"rCDunty/2022-Nate Study/Final Ratestudy_TM 2022 Rate Study Technical Memorandum 103/27/23 1 Page 9 of 21 Asbestos ASB'$/ton Tires - Auto TAS*, TAU*, each TDO* _ Tires - Truck TTR, $/ton TTS, j each TMS* Tires - Heavy Equip. THE, $/ton THS each Treated Ties/Poles TTP $/ton Special Waste Handling SWH each Vehicle Weight Tare/Gross VWS each Uncovered Load UL each Scrap Metal / White Goods RSM each Boats Mobile Home Trailers Red Tide Debris Electronics - Residents Electronics Businesses Household Hazardous Waste BOT $/ton MHT $/ton $/ton, BEW . $/ton kessler consulting inc. innovative waste solutions $140.00 ' $140.00 I $0.00 ' $0.00 $95.00 $150.00 $55.00 58% $2.00 Remove + Remove i Remove t I - _-- $100.00 $300.00 $200.00 200% $5.00 Remove Remove I Remove I $130.00 $300.00 $170.00 131% " $20.00 Remove Remove Remove:;. $32.53 $45.00 $12.47 38% $50.00 $70.00 $20.00 40% $3.00 $10.00 $7.00 233% $25.00 $100.00 $75.00 .300% $0.00 $0.00 $0.00$T 0.00 $32.50 $45.00 $12.50 38% $31 80 $45 00 $13 20 42% $32.50 $45.00 $12.50 38% $0.00 $0.00 $0.00 $0.00 $0.00 $60.00j" $60.00 NEW $0 $0.00 $0.00 *The first six (6) Residential Tires will continue to be accepted at no charge at the IRC Landfill and at all five (5) Customer Convenience Centers (CCC's). No heavy tires will be accepted at the CCC's. No Tractor or Agricultural Tires will be accepted at the CCC's or the IRC Landfill as SWDD does not have a proper means of disposal. The rate comparison table from 2020 has been updated by SWDD staff for the purposes of this rate study and is included as Attachment A. Long Range Financial Projection Scenarios KCI has developed the following chats to represent the findings of each of the five scenarios listed above. 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M N N. a -i e I t o O tR th i/1� t/} iA Vi .. i/1• •c/� L E l in LW CONCLUSIONS AND NEXT STEPS The SWDD fund is in good shape for the coming five years no matter how SWDD chooses to implement potential revisions to their revenue structure. This provides SWDD some ease in determining the appropriate way to cover costs for the future and to plan for future capital investment needs. It also provides options for SWDD to consider that would not have immediate disparaging effect if implemented and could be reviewed for impacts for the coming years to verify projections. As noted in the Generation Study technical memorandum, KCI has determined that the previous WGU rates that were in place are not accurate with current generation data based upon their age and changes in waste generation trends over the past two decades. Along with this information, an analysis occurred to determine if the proposed generation rates fell into line with actual tonnage data provided by the Landfill. Since this data appeared more accurate than previous WGU information, it is recommended that these new rates be implemented. As this rate study has shown, however, these new WGUs will reduce associated assessment revenue each year going forward, requiring SWDD to revise their revenue methodologies to cover similar expense requirements and new capital costs in the future. To do this, tipping fee rates have been evaluated for revision and increase for particular types to bring these more into line with neighboring counties and market levels. The results of which show positive revenue impacts and effective fund balance coverage for the future. It should be noted that future projections get increasingly less accurate each year going forward due to the unpredictability of markets, the economy, growth, and many other factors that impact the projections included in this study. As such, the fact that all scenarios reviewed meet financial requirements in the next five-year period is a positive note, with the County or SWDD having the ability to impact the ten-year projections with multiple variables in the future. Using the information gathered in this study, KCI (with SWDD leadership's input and guidance) recommends that Scenario 3 or Scenario 4 be strongly considered for implementation with regular review of the SWDD fund's financial standing to verify projection accuracy. This will implement more accurate, defensible generation rates for County residents and businesses while also implementing new tipping fees to meet market requirements and to further benefit flow control. Finally, it is recommended that these funding scenarios be reviewed upon completion of the current franchise collection procurement process to integrate new collection costs into the model and to update rate changes or impacts accordingly. a Y fll) M 00 N : C J d � Q . ...W w Z z 0 I � s. .. Z O G W 0 cc CL J Q u Z Q Z LL W _Z J W AA MQ�I/� W LOL,- 0 ti ......�,sm.,a, N Q PmcYw, Qi N V1 N W V M M I� m W OC ei lO lD m N N V1 N lf1 00 �� T N m o0 O t� m O L' -, c O 0 L I/1 u1 tD C J V 61 cr c m c G � O U J LL o. V) Z O u N W m m m I o o m o m 00 m t� V 1� m vi M cl W I� O lND pap M m h �O Gei vt V1 O O a �OVf N tYl N m Q M ri Vf tit N n O N V1 .ti V�1 1� O1 .ti ei tM1 Vf p V/ m a? O. Q Q Y N Q cc m W t0 g 5� M n N � � m m N W N Ipll !� N 01 O1 a� pVpl N a o. 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N a N I11I��1 N N pppp N n m o N N n N N 00 0o O� W m m In � V 8 8 0 o Io Q VI tmp O h Q .r O Vt O� Yl m� Of N n d pp t0 N IO O1 ap N i� m a0 I� N n app N ty n n <D N a 7 y Z W « E y o t w Q y ❑ d Z ❑ Z w E w � W 7 m � A d ❑ F O d a U A LL d O m o a � r ❑ � i o O � d C d w c c c w d u d w w X w ro d a E E Ii d n C r u_ Z N W C 7 d Z m m a d .Q m d v c VI w N K O= W C 0 U l7 C❑ C W N d N m v V5 m OF N O N T C 0 a`c m v` c Q v, .: :..., ....: J:_. N Z 0 W- m m clqm c -i m 00 M. M m J. 4L CdC G Q d J m Q Q Y V) Q m W z z O N tD Q' l� 1. SWDD Assessment Study with Proposed WGUs 2. Goals of the Rate Study 3. Scenarios for Consideration 4. Results 1. Scenario 1 2. Scenario 2 3. Scenario 3 4. Scenario 4 zj-- kessler consulting inc. 2 5/22/2023 2022 Study to Review Assessment Rate WGUs ✓ SWDD charges all properties an assessment based upon estimated waste generation per year multiplied by a fee for solid waste. /The Study analyzed data from various sources to determine accurate Waste Generation Units (WGUs) for assessing costs to customers. kessler consulting inc. n„ar,�w�oians ✓KCI was engaged in 2021 to implement a methodology to verify WGUs based upon new data trends, or suggest new ones based upon results, and determine their impacts on SWDD Operations and Finances. ✓Using the generation data presented to the BOCC on January 31, 2023, financial scenarios were developed to determine appropriate action for the future. kessler consulting inc. ql,, 2 The following slides represent the scenarios analyzed through KCI's proprietary Microsoft Excel spreadsheet based financial model. ✓ Baseline (No Changes): This scenario did not implement new recommended WGU rates and did not apply any changes to tipping fee rates for either a five- or ten-year period. ✓ Scenario 1: This scenario only applied the new recommended WGU rates in FY 2024 to the revenue projections for the five- and ten- year periods. ✓ Scenario 2: This scenario only applied the proposed increases to tipping fees in FY 2024, and then increased them by an estimated LC I increase of 3% in outer years. ✓ Scenario 3: This scenario applied both recommended WGU rates from Scenario 1 and proposed tipping fee changes from Scenario 2 to the five- and ten-year periods. ✓ Scenario 4: This scenario applied a differential implementation of recommended WGU rates to be applied over a three-year period. This would include a revision to the WGUs of 50% of the proposed change in FY 2024 and the remaining 50% of the change in FY 2027. This scenario also implemented the new 5/22/2023 proposed tipping fee changes from Scenarios 2 and 3. CA -6 kesdw cnnsu" inc L.wvae'�+v�oesdutian 6 9q, 3 5/22/2023 The Analysis also reviewed tipping fee rates versus comparable communities or other disposal providers in the area. This was done due to the rebalancing of tonnage managed at the Landfill through the generation study, in which it was determined that direct non -assessed tonnage was responsible for a larger portion of SWDD operating costs per year. This was also done to limit needed increases in Assessment rates over the course of the ten years to effectively manage finances. kessler consulting inc. s 1Qji 4 5/22/2023 $45,000,000 .. --- ,.......- ---- _ ------------- _ ...... ------------- ------_.......... 1609% $40,000,000 -.______ - .......:..... _. .:.._�-;.�� �_� _....._ ..__-_._-_ -` -_----:. 140% ,,. $40,000,000 ...:.... ....; __._.. ......_ __.. ._..r .. _...." .._:_- _- - --_'- —.. _.: 140% $35,000,000 ..:..-_. ,. -.... .... -._ ..;-... 120% $35,000,000 - .r.............. .... .;..:... ____.._— --.--- -- -...-,-:- _.... ....--.. __.-_....... 190% 100% - $30,000,000 __ .............. .. _...__.- - ---- ___._.__ ........ - ._...... .. .. .. .. .. .. ...................... -: w. 100% 525,000,000 "". $25,000,000 .__..- -::.. ..... .:-_._._ ._::. .:...... .: .. 80% - - - $20.000,000- X60% - : $20,000,000 ;..- -_. .._.. --_ ...._.. ..: '._ ,6096 .. . $:15,000,000 40% $15,000,000 _." ....:.... ... _. ......._ _ _.:_.._.- - :.- 20% $10,000,000 •40% - $10,000,000 $5,000,000 _... �_... .;.. _._ $5,000,000 _ ..__. - ... _.. . _.: -20% rr. '. $0"2021 r �ReYe ..._ �1>�edih9u .:" "--40% "2®1 "1025 131% 1oB% 6B% 76% Hfi 6212 53% 17% 19K 24% "2017 "7014 "7018 I n ssler consulting inc. ' .. `E $22,101537: $73.187.546, $A214A72. $2MS"O..!6� $23R2.0d5 529,156.908.480.5fd.977t .. t•B�1Mbpa $36.001.368 $26A11,597,524695,927tS25.8 AWl$2%16{,$8-$249!0,789 $29152x053 $88a539Aa5•$4MGk9W $?b�6416t_ !�•FwW 611un%_ -133K 113% 98% {._. 93% 9-0, S-" B96 89% 5912 36%^ 3112 lerconsulting inc. w. $45,000,000 .. ...:.----'.... .....:..... .------- "----- ._------------------------- ..".. .-----------------.... -`------ -- --- __._.. 160% $40,000,000 -.______ - .......:..... _. .:.._�-;.�� �_� _....._ ..__-_._-_ -` -_----:. 140% $35,000,000 ..:..-_. ......-.. ...... _. __:_.-,_ .. _._.._. _ . ;..-...--..__:__. -.... .... -._ ..;-... 120% -. .. - .. .. :.. 100% $30,000,000 .. --- .. .. .. .. .. .. ...................... "". $25,000,000 .__..- -::.. ..... .:-_._._ ._::. .:...... .: .. X60% - : $20,000,000 ;..- -_. .._.. --_ ...._.. ..: '._ 40% $15,000,000 _." ....:.... ... _. ......._ _ _.:_.._.- - :.- 20% $10,000,000 $5,000,000 _... �_... .;.. _._ _ _ ..__. - ... _.. . _.: -20% '. $0"2021 r �ReYe ..._ �1>�edih9u "202$ "1926 - - %2997 � "10� t. %?079 j "2�0 ( 7087 _".1�t - FY 2M $70.98.508 $21,x,344 $77.896933 $28,W9 257'$75.014016 PUSS" 11$27A94964 $78,713"14 $30.1:1 $81575700: 534000.168 $74311.96/ $76.�3.927$75.3®,588�Sa6.166971 $74970,7881$29,152,053 $88.569.185 S'i85�98,6 530"90.781: � "--40% ,� .. --fund edrea% 131% 1oB% 6B% 76% Hfi 6212 53% 17% 19K 24% n ssler consulting inc. 1D lvl I/5 5/22/2023 .,. 6,000,000 .... _- ..._. .-. .._..........: .. ...-......_ ----. —-._._.... ..... ..._....._..__._ 160% - - - ---- $35,000,000 120% w. $30,000,000 ---- 100% $25,000,000 =----- ----------------• :-.: --._. ...... .:..: _..-- •-- ao% $20,000,000 60% $15,000,000 ao% $10,000,000 ...:.... S5,000,0000 ...... _._ _.. _ rr:a¢s :._cv9 n>o n70sr 4fami nsq» naoao q:m3 amt , .fit 0% + �`1 1�7lwwnuo i512,IBD,9DB. 513.97<t39 t#1.%IS.S6l SIS./7�.'OM. 527.2F+.�D. SMa0.10i. ilOF1/.G70. i91S6.R6. t_aro.agx. iSs&aossss.f5ls�ii.3�151swssa7ltlisf�6 �S�i�a'r+-,51ssi4lee_. f_ iiaij SY.sssAas. 5eo.5a,Poe. Seoei,:, -•--- -- - — •_ %,: hudBdrwlt ]rift r 3fa�c 701% !ik s7e� _U3% + �sy77 ri% �!1 S!%. "'-"` _.1....._.. .. EJ kessler consulting inc. . - - Imova(n,p wnresolutbns 12 �q�, 6 5/22/2023 kessler consulting inc. - -- -- ✓Determine Board Direction on WGU implementation ✓Implement either Scenario 3 or 4 Based upon Board Direction on WGUs ✓Evaluate every two to three years for updates to capital planning and changing economic trends kessler consulting inc. Inwvariue waste mWtions 14 5/22/2023 Solid Waste Disposal District staff recommends that the Board consider the following options as presented by Kessler Consulting, Inc. in the 2022 Rate Study: 1. No changes to current Waste Generation Units or the Tipping Fees. 2. Change only the Waste Generation Units. 3. Change only the Tipping Fees. 4. Starting October 1, 2023, change both the Waste Generation Units and the Tipping Fees. (KCI Scenario 3) 5. Starting October 1, 2023, change the Tipping Fees 100% and the Waste Generation Units by only 50%; however, change the remaining Waste Generation Units by 50% startingOctober 1 2027. KCI Scenario 4 ( ) Staff recommends Option 5 and, if approved, request that the SWDD 14 Board direct staff to begin the process for modifying both solid waste 's assessment and tipping fee changes, that would take effect starting October 1, 2023. kessler consulting inc. 5/22/2023 TippingNew SWDD ..(continued) . Disposal " 1s 4b' ectasis" �IYY� ... %Change , Animal Disposal -Small ANS$- each _ s;$5 00,i.: No change $0.00 $0.00 Animal ANL each 0 0 I o change $0.00 $0.00 Out of County MSW OCG$/ton ;$6000 , : $70.00 $10.00 17% ASB f ;. $/ton 40Jo change $0.00 $0.00 TAS', TAU'*, $/ton $95 00 ;, $150.00 $55.00 58% TDO' ;... each „ 2.00, ; Remove Remove Remove TTR, TTS; $/ton 100 00, -. $300.00 $200.00 200% - TMS* '. each Y 506" = Remove �y.;,�lemove Remove "' $/ton 00 :. $300.00 $170.00 131% Tires - Heavy Equip. THE, THS each a ,130 0 Remove `Mwmove JW.-.- $12.47 Remove 38% Treated Ties/Poles TTP $/ton'+$32 53;` $45.00 0 $70.00 `20.00 40°h Special Waste HandlingSWH each VWS =: )0 =�. $10.00 x.$7.00 233% Vehicle WeightTareF each ' ... UL `: each $100.00 - 75.00 300% Scrap Metal / White Goods RSM j each ^'$0.00 $0.00 $0.00 $0.00 :.. BOT Ink, I. $/ton 2.5 $45.00 12.50 $13.20 38% 42%` Mobile Home-TrailersMHT, $/ton `$3180 t' $45.00, $45.00 12.50 38% -. REDTID ,. $/ton REW each 2.5 <,=$0.00 $0.00 - ., $0.00 $0.00 Electronics - Businesses BEW !' $/#9ft .$O.00 " $60.00 ', ,$60.00 NEW Household Hazardous Waste$0.00 $0.00 $0.00 $0.00 kessler consulting Inc. 18 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: March 29, 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: Approval of Engineering Consulting Services Agreement for IRC Landfill and Work Order No. 1 to Geosyntec for Segment 3, Cell 3 Engineering Services Descriptions and Conditions: The Indian River County (IRC) Solid Waste Disposal District (SWDD) Class 1 landfill includes the closed Segment 1 Infill, Segment 2 vertical expansion, and Segment 3 lateral expansion (Segment 3). The total footprint area of Segment 3 is 76 acres and consists of eight cells that are being constructed in phases, as needed. Segment 3 Cell 1, directly east of and on top of the east slope of Segment 2, was constructed in 2013. Segment 3 Cell 2 was constructed in 2020. Over the past two years, we have seen an average 21% increase in construction and demolition (C&D) debris going into the landfill compared to an average 1% increase in municipal solid waste (MSW). Based on the University of Florida Bureau of Economic and Business Research (BEBR) reports, our average population growth for the past two years has only been 2%. The significant increase in overall tonnages into the landfill has resulted in our operator, Republic Services of Florida, LP (Republic), to estimate that the filling of Cell 2 will be nearly completed by the end of Calendar Year (CY) 2023 and has therefore recommended that SWDD consider construction of Cell 3 during CY 2023. On November 22, 2022, the SWDD Board approved Work Order No. 18 (WO18) for $171,304.71 to Geosyntec to provide Segment 3 Cell 3 site preparations. The tasks within W018 include the earthworkforthe subgrade of Cell 3, appropriate routing of the perimeter stormwater ditch, and any impacts to groundwater monitoring wells and landfill gas probes, as necessary. The bid for the site preparation project is scheduled to be advertised on March 31, 2023. On behalf of SWDD and in accordance with Florida Statute (FS) 287.055, Requests for Qualifications (RFQs) were requested from qualified engineering firms for design and permitting services for landfill cell construction and closure projects anticipated over the next 10 years, as well as landfill gas system expansion design. On March 28, 2023, the SWDD Board approved the committee's final ranking and authorized negotiations with the top ranked firm, Geosyntec, (and the subsequently ranked firms, should negotiations with any higher ranked firms fail) in accordance with FS 287.055, Consultant's Competitive Negotiation Act. SWDD Agenda - Approval of Landfill Engineering Agreement and Landfill WO No. 1 to Geosyntec 198e 1 of 3 SWDD Item Analysis: Staff has successfully negotiated with Geosyntec on the attached agreement for engineering consulting services. The highlights of the agreement are as follows: 1. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. All work performed underthis agreement shall be approved by the SWDD Board per a duly authorized work order or an amendment to a previously approved work order. 2. A schedule of current hourly billing rates is provided as an exhibit to the agreement and shall be adjusted annually (effective January 1, 2024 and each year thereafter) based on a minimum of the Producer Price Index for Engineering Services. 3. The term of the agreement is for a period of ten (10) years beginning on the effective date of the agreement or until completion of all projects whichever occurs later unless otherwise terminated by mutual consent of the parties or terminated pursuant to the termination provision in the Agreement. 4. The primary scope of work involves landfill cell construction and closure projects including associated improvements to the landfill gas system and leachate system, as well as their ancillary services. Geosyntec has prepared Landfill Work Order No. 1, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the phases to complete the design, permitting and construction management of Cell 3 within Segment 3. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the attached master agreement. The phases are listed below along with their estimated fees. Phase Description Budget Phase 1: General Consulting/Meeting Support/Project Management $ 31,027.98 Phase 2: Review of Background Documents $ 22,898.44 Phase 3: Preparation of Construction Documents $ 56,928.16 Phase 4: Contractor Procurement Support Services $ 28,275.12 Total $139,129.70 Funding: Funding of $139,129.70 for this project is budgeted and available in the SWDD/WIP/Cell 3 Landfill Expansion account, number 411-169000-22034. This is funded from SWDD assessments and user fees. Description Account Number =Amount SWDD/WIP/Cell 3 Landfill Expansion 411-169000-22034 1 $139,129.70 SWDD Agenda - Approval of Landfill Engineering Agreement and Landfill WO No. 1 to Geosyntec 1 99e 2 of 3 SWDD Item Recommendation: Staff recommends that its Board: a. Approve the Agreement for Engineering Consulting Services with Geosyntec Consultants, Inc. to provide professional engineering services to include permitting and detailed construction design and bid documents for landfill closure, landfill gas system expansion and cell construction projects at the Indian River County Landfill facility over the next 10 years. b. Authorize the Chairman to execute the attached agreement after review and approval by the County Attorney as to form and legal sufficiency, and receipt and approval of the required insurance. c. Approve and authorize the Chairman to sign Landfill Work Order No. 1 authorizing Geosyntec to provide engineering services for a not to exceed fee of $139,129.70. Attachment: 1. Agreement for Engineering Consulting Services 2. Geosyntec Landfill Work Order No. 1 SWDD Agenda - Approval of Landfill Engineering Agreement and Landfill WO No. 1 to Geosyntec 2(Me 3 of 3 AGREEMENT FOR ENGINEERING CONSULTING SERVICES FOR LANDFILL CLOSURE, LANDFILL GAS SYSTEM EXPANSION, AND CELL CONSTRUCTION THIS AGREEMENT, entered into this 4t1a day of April, 2023, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUN'T'Y", and Geosyntec Consultants, Inc. hereinafter referred to as the "CONSULTANT". BACKGROUND RECITALS: In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY selected CONSULTANT to provide professional engineering consulting services ("Services"), based on statement of qualifications received in response to Request for Qualifications ("RFQ") 2023031. Projects included in this agreement are included in Exhibit 1. That the COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional consulting engineering services by the CONSULTANT, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The CONSULTANT shall provide the COUNTY with consulting engineering services and such other related services as defined in specific Work Orders, in relation to Exhibit 1. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL 1.1 Professional services necessary for the work under this agreement shall be identified in individual Work Orders prepared by the COUNTY. Work Orders will be executed by the Board of County Commissioners. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not -to -exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the CONSULTANT by which the COUNTY accepts CONSULTANT's proposal for specific services and CONSULTANT indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior commencement of work by CONSULTANT. 1.3 Services related to any individual Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Order shall be Services for which the CONSULTANT must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order; and when properly authorized and executed by both the CONSULTANT 201 and the COUNTY, shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice -to -Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice -to -Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated into each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates set forth in Exhibit 2 attached to this Agreement and made a part hereof by this reference. These hourly bill rates will be adjusted annually (effective January 1, 2024 and each year thereafter) based on a minimum of the Producer Price Index for Engineering Services. 1.6 No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONSULTANT will receive during the term of this Agreement. 1.7 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS 2.1 The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public and private property (where required) as necessary for the CONSULTANT to perform its Services, upon timely written request of CONSULTANT to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the CONSULTANT's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The CONSULTANT shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the CONSULTANT of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the 2 202 specific Services in connection with any Work Order. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the CONSULTANT; (c) communicate the COUNTY's policies and decisions to the CONSULTANT regarding the Services; and (d) determine, initially, whether the CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the CONSULTANT whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the CONSULTANT's Services. If the CONSULTANT has been delayed in completing its Services through no fault or negligence of either the CONSULTANT or any sub -consultant, and, as a result will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the CONSULTANT shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT 3.1 The CONSULTANT agrees to perform all necessary Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The CONSULTANT agrees to complete the Project within the time frame specified in the Work Order. 3.4 The CONSULTANT will maintain an adequate staff of qualified personnel. 3.5 The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONSULTANT under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age, or sex; and (2) the CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from time to time amended. 203 3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 The CONSULTANT will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. The CONSULTANT will reply, in writing, to all regulatory agencies' requests for additional information related to a permit application. The CONSULTANT will document all meetings, conversations, etc. with permitting agencies. The CONSULTANT will provide the COUNTY with copies of all permit applications, including attachments, and all related correspondence. The CONSULTANT acknowledges that preparation of all applicable permits for the COUNTY's submittal to regulatory agencies, and the CONSULTANT's written responses to all regulatory agencies' questions until the permit is issued or denied, are included within the scope of basic compensation in each particular Work Order. No additional service work related to permitting will be approved for any reason, except in the case where new permitting requirements become effective after the effective date of a Work Order. 3.9 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. 3.11 The CONSULTANT shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The CONSULTANT will confer with the COUNTY during the further development of improvements for which the CONSULTANT has provided design or other services, and the CONSULTANT will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the CONSULTANT of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the CONSULTANT. 3.14 The CONSULTANT agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the 4 204 accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the CONSULTANT shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, including but not limited to drawings and specifications, prepared by the CONSULTANT pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. 3.17 CONSULTANT is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. CONSULTANT is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants. 3.18 The CONSULTANT shall not be held liable for any modifications made to the documents by others. 3.19 Where services hereunder include preparation of drawings and other contract documents by CONSULTANT and where, notwithstanding acceptance and approval by the COUNTY thereof, in the opinion of the COUNTY, drawings and other contract documents so prepared are found during the course of construction to require modification due to the oversight, inadvertence or negligent omissions of, errors by, or lack of detail provided by CONSULTANT, such modifications must be made by CONSULTANT without additional compensation. Where such contract documents are used in letting a contract for construction, CONSULTANT will assume responsibility for any direct or actual damages suffered or incurred by the COUNTY, including, but not limited to, any increase in compensation due to a construction contractor, which increase is directly attributable to the required changes in the Drawings or other contract documents to the extent caused by CONSULTANT's negligent acts, omissions, or errors. 4. TERM; DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of ten (1o) years after the date of execution thereof, or until completion of all projects, as defined by the COUNTY, whichever occurs later, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 9 "Termination." 5. COMPENSATION 5.1 The COUNTY shall pay to the CONSULTANT a mutually agreed upon lump sum or maximum amount not -to -exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, in triplicate, phased as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be 205 made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel subject to the limitations of F. S. section 112.o61, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the CONSULTANT acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a CONSULTANT arrives from outside of Indian River County, and where a CONSULTANT maintains an office in Indian River County. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. OWNERSHIP AND REUSE OF DOCUMENTS 7.1 Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data developed by the CONSULTANT pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the CONSULTANT at any time upon request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement is complete, all of the above materials shall be delivered to the County Project Manager. 6 206 7.2 Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the CONSULTANT pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the CONSULTANT liable for any misuse by others. 8. INSURANCE AND INDEMNIFICATION 8.1 During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement. 8.2 CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the CONSULTANT's fees. 8.3 Minimum Scope of Insurance A. Worker's Compensation as required by the State of Florida. Employers Liability of $1oo,000 each accident, $50o,000 disease policy limit, and $1oo,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a $500,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 8.4 CONSULTANT's insurance coverage shall be primary. 8.5 All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. The insurer chosen shall also be licensed to do business in Florida. 8.6 The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims -made basis. 8.7 The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 8.8 Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk Management Department, of cancellation and/or nonrenewal. 8.9 The CONSULTANT shall ensure all subcontractors hold the insurance as detailed herein. 8.10 Any deductibles or self-insured retentions greater than $1oo,000 must be approved by the Risk Manager for Indian River County, with the ultimate responsibility for same going to the CONSULTANT. 7 207 8.11 The Consultant shall indemnify and hold harmless the County and its commissioners, officers, employees and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. 9. TERMINATION 9.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (3o) days' prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (3o) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one parry to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 9.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the CONSULTANT, or the percentage of work complete as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. 9.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other parry to perform in accordance with the terms of this Agreement through no fault of the terminating parry. 9.4 In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 9.5 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents prepared by the CONSULTANT for the COUNTY in connection with this Agreement. 9.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. 9.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. 9.8 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. OWNER may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 8 208 9.9 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, create pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this agreement if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5) Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. io. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES 10.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANT's other customers, for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit CONSULTANT's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 10.2 Pursuant to the CONSULTANTS' Competitive Negotiation Act, Section 287.055, Florida Statutes, the CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. u. MISCELLANEOUS PROVISIONS 11.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 11.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. 9 209 11.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other parry or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 11.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either parry to insist upon compliance by the other parry with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A parry's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 11.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 11.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 11.8 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. 11.9 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 11.10 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 11.11 Public Records Compliance Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: 10 210 (i) 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 Consultant or keep and maintain public records required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 uublicre cords (& ircgov. com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 3296o C. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. 11.12 FLORIDA STATUTE 558 PURSUANT TO FLORIDA STATUTE § 558•0359 AN INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. 12. FEDERAL CLAUSES For any work that will be paid for in part or whole by federal funds, the following terms will apply: A. Contract Work Hours and Safety Standards: (1) The CONSULTANT or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the CONSULTANT or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the CONSULTANT or subcontractor will permit such representatives to interview employees during working hours on the job. B. Suspension and Debarment: (i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 18o and 2 C.F.R. pt. 3000. As such the CONSULTANT is required to verify that none of the CONSULTANT, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935)• (2) The CONSULTANT must comply with 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the CONSULTANT did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. C. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Contractors and Firms who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. D. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the CONSULTANT shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired—(i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline- cpg-program. (3) The CONSULTANT also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. E. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this 12 212 clause— (b) Prohibitions: (i) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the CONSULTANT and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit CONSULTANTS from providing— (i) A service that connects to the facilities of a third -parry, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the CONSULTANT identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the CONSULTANT shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.(2) The CONSULTANT shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the CONSULTANT shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The CONSULTANT shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. F. Domestic Preference for Procurements: As appropriate, and to the extent consistent with law, the CONSULTANT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United 13 213 States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. G. Access to Records: The following access to records requirements apply to this contract: (1) The CONSULTANT agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONSULTANT agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the CONSULTANT acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. H.DHS Seal, Logo, and Flags: The CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre - approval. The CONSULTANT shall include this provision in any subcontracts. I. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The CONSULTANT will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. J. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, CONSULTANT, or any other parry pertaining to any matter resulting from the contract. K. Program Fraud and False or Fraudulent Statements or Related Acts: The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. L. Affirmative Steps: If subcontracts are to be let, the prime CONSULTANT is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. M. License and Delivery of Works Subject to Copyright and Data Rights: The CONSULTANT grants to the Owner a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the CONSULTANT will identify such data and grant to the Owner or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video 14 214 recordings, and architectural works. Upon or before the completion of this contract, the CONSULTANT will deliver to the Owner data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Owner. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Geosyntec Consultants, Inc.: By Date Witness: By Jim Langenbach, Vice -President Printed Name INDIAN RIVER COUNTY By its Board of County Commissioners By Joseph H. Earman, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By Deputy Clerk Approved: Michael C. Zito, Interim County Administrator Approved as to form and legal sufficiency: Dylan Reingold, County Attorney is 215 Exhibit 1- LANDFILL CLOSURE, LANDFILL GAS MANAGEMENT SYSTEM EXPANSION AND CELL CONSTRUCTION PROJECTS The consultant/engineer should specifically provide FDEP permitting and detailed construction design and bid documents for landfill closure, landfill gas system expansion and cell construction projects at the Indian River County Landfill facility over the next 10 years. The design, permitting and construction of Segment 3 Cell 3 is in the capital improvement plan for the 2022/23 — 2023/24 Fiscal Year. Ancillary services related to leachate equipment, transfer or treatment, well installation/abandonments, swale/road improvements and other services that are part of or related to the major closure or cell construction work is considered part of the scope of work. The requirements for these projects include: A. FDEP Permit Form(s) Preparing and completing the FDEP Form 17-701.900(1) titled "Application for a Permit to Construct, Operate, Modify or Close a Solid Waste Management Facility" and will include the engineering reports and drawings in support of the permit application as required by the form. Prepare and complete FDEP forms as necessary for projects during the scope of this agreement. B. Class I Landfill Partial Closure Design and Permitting a. Consists of the design and permitting of the partial closure and GMS upgrade/expansion of the Segment 3 (north and south slopes) landfill up to final design grades ranging from approximately El. 170 ft to El. 18o ft National Geodetic Vertical Datum of 1929 (NGVD 29). b. Layout and grading of the side slopes and top decks of Segment 3; C. Specification of components and materials of the final cover system (vegetative layer, cap protective layer, and geosynthetics); d. Evaluation of percolation through and liquid head build-up in the final cover system using the hydrologic evaluation of landfill performance (HELP) model; e. Evaluation of stability and settlement of the final cover system; f. Design of the final cover drainage system to collect and convey the water that percolates through the vegetative and cap protective layers; g. Design of the surface water drainage system to collect and convey the storm water runoff from the final cover system to the perimeter toe ditch; h. Development of typical final cover system details (configuration of the final cover system at the side slope swales, and other details as appropriate) as required for the permit application; i. Development of a construction quality assurance (CQA) plan; j. Development of technical specifications; and k. Development of financial assurance calculations. C. Design for Expansion of the Landfill Gas Management System Segment 1, the Infill Area, Segment 2 and Cell of Segment 3 of the IRCL has an existing landfill Gas Management System consisting of vertical and horizontal gas extraction wells, gas collection lateral and header pipes, a condensate management system, a blower system, and flare station. In addition, side -slope collectors have been utilized on the east slope of Segment 3 Cell 1. Using the currently permitted GMS design and based on the existing conditions at the site and current projected waste filling rates and waste stream properties, the Consultant will design the GMS expansion to cover the proposed partial closure areas and design upgrades to optimize the existing GMS. This will include tying in the existing GMS components with the future LFG collection system to the extent practicable. The GMS should be designed to utilize existing GMS features to 16 216 the extent practical, which may include extending existing vertical gas wells or constructing remote wellheads that connect to existing gas wells. The Consultant will also re-evaluate the need for upgrades to the LFG blowers and/or flare systems and will prepare a landfill gas generation curve for the IRCL facility using the United States Environmental Protection Agency (USEPA) LandGEM model, which will incorporate actual waste disposal rates. Based on the calculated landfill gas generation curve and assumptions of collection efficiency, the Consultant will estimate the gas flow rate that can be collected and compare to the existing LFG blower/flare system capacity. In addition, the Consultant will review the monthly GMS monitoring data (to include LFG flow rate, composition, and water levels in collection wells) for the past year to evaluate the apparent reduction in the gas generation rates compared with the gas generation predictions. A summary memorandum should be included in the GMS design package and subsequent construction documents. D. New Cell Construction Projects As mentioned above, Segment 3 is permitted for 8 cells with Cell 1 constructed in 2013 and Cell 2 constructed in 2020. The construction of Cell 3 is included in the capital improvement plan and it is anticipated that at least an additional cell will need to be constructed during the scope of this agreement. All cell construction projects will require design, permitting, procurement and construction services. E. Engineering Analysis, Documents & Support (as required) a. Subsurface investigation, geotechnical analysis and site-specific soil characterization; b. Solid Waste Permit Modification; C. ERP Permit Modification; d. Preparation of construction level drawings and specifications; e. Provide a construction cost estimate; f. Provide a bid form with quantities; g. Provide bid assistance; and h. Engineering support during construction. 17 217 Exhibit 2 - GEOSYNTEC CONSULTANTS 2023 RATE SCHEDULE (All Values are in $USD) Staff Professional $154 Senior Staff Professional $178 Professional $198 Project Professional $224 Senior Professional $254 Principal $274 Senior Principal $294 Technician I $ 83 Technician II $ 89 Senior Technician I $ 99 Senior Technician II $1o6 Site Manager I $116 Site Manager II $128 Construction Manager I $142 Construction Manager II $152 Senior Designer $190 Designer $16o Senior Drafter/Senior CADD Operator $ 145 Drafter/CADD Operator/Artist $ 130 Project Administrator $ 85 Clerical $ 65 Direct Expenses Cost plus 12% Subcontract Services Cost plus 12% Technology/Communications Fee 3% of Professional Fees Specialized Computer Applications (per hour) $ 15 Personal Automobile (per mile) Current Gov't Rate Rates are provided on a confidential basis and are client and project specific. Rates will be adjusted annually based on a minimum of the Producer Price Index for Engineering Services. 18 218 IRC LANDFILL WORK ORDER NUMBER 1 Phase 2 - Construction Of Cell 3 Segment 3 Expansion This Indian River County (IRC) Landfill Work Order Number _ is entered into as of this _ day of , 202_, in accordance with FS 287.055, Consultant's Competitive Negotiation Act per the Request for Qualification #2023031for Engineering Consulting Services for Landfill Closure, Landfill Gas System Expansion, and Cell Construction, dated April 4, 2023 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to Section 1 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Geosyntec Consultants, Inc. OF INDIAN RIVER COUNTY By: Print Name: Title: By: , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Michael C. Zito, Interim County Administrator Dylan Reingold, County Attorney 219 EXHIBIT A PROFESSIONAL SERVICES 220 Geosptecll' consultants Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 PH 904.8$84.1818 www.geosyntec.com 28 March 2023 Subject: Proposal to Provide Engineering Services for Construction Contract Procurement Phase 2 — Construction of Cell 3 of Segment 3 Expansion Indian River County Class I Landfill Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to submit this proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) for the provision of engineering support services for construction contract procurement related to Phase 2 construction of Cell 3 of Segment 3 Expansion (hereafter referred to as the Project) of the Class I Landfill at the IRC Landfill (IRCL) facility located in Vero Beach, Indian River County, Florida. The proposal presents the scope of work, schedule, and budget estimate for the preparation of construction and contract documents, development of engineer's construction cost estimate, and contractor procurement assistance. The proposal was prepared in response to a 28 March 2023 request from Mr. Himanshu Mehta P.E., Managing Director of SWDD, during a telephone conversation with Dr. Kwasi Badu- Tweneboah, P.E. of Geosyntec. Geosyntec has prepared this proposal as Exhibit A of Work Order No. 1 for the Agreement for Engineering Consulting Services for Landfill Closure, Landfill Gas System Expansion, and Cell Construction dated 4 April 2023 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("CONSULTANT"). The remainder of this proposal presents: (i) project background; (ii) proposed scope of work; (iii) schedule; and (iv) budget estimate. NCP2323092UL23017 Cell 3 Liner Contractor Procurement engineers I scientists I innovaiors 221 Mr. Himanshu Mehta, P. E. 28 March 2023 Page 2 PROJECT BACKGROUND The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo Road, and west of Rangeline Road in Vero Beach, Florida. The SWDD administers the management and operation of the Class I landfill at the IRCL facility. The Class I Landfill includes the closed Segment 1/Infill/Segment 2 vertical expansion, and Segment 3 lateral expansion (Segment 3). The total footprint area of Segment 3 is 76 acres and consists of eight cells that are being constructed in phases as needed. Segment 3, Cell 1, directly east of and on top of the east slope of Segment 2, was constructed in 2013. Segment 3, Cell 2 was constructed in 2020. Republic Services of Florida LP (Republic), the operator of the Class I Landfill, has estimated that filling of Cell 2 will be nearly completed by the end of Calendar Year (CY) 2023 and has therefore recommended that SWDD considers construction of Cell 3 during CY 2023. In order to expedite Cell 3 construction, SWDD would like to implement it in two phases, as follows: • Phase 1: Site preparation activities consisting primarily of the earthwork for construction of the subgrade for Cell 3; the fill material will be obtained from off-site borrow sources with the actual placement and compaction to be performed by a contractor through the procurement process. • Phase 2: Construction of the Cell 3 liner and leachate control systems to be performed by a contractor selected through a separate procurement process. On 22 November 2023, the SWDD Board authorized Geosyntec to prepare the construction and contract documents, and contractor procurement support, construction management (CM), and construction quality assurance (CQA) services during the placement and compaction of the fill material for the subgrade for Phase 1 of Cell 3 construction. The request for bids from contractors is scheduled to be advertised by the County by 30 March 2023 with a bid opening date of 5 May 2023. This proposal addresses the engineering and support services required to procure a construction contract for Phase 2 of the Project, including preparation of construction documents, engineer's construction cost estimate, and contractor procurement assistance. Geosyntec understands that following the preparation of the construction bid documents and cost estimate, SWDD Staff intends to request SWDD's Board authorization to commence the bidding process for the project. PROPOSED SCOPE OF WORK This project includes professional engineering and support services that will be performed for the procurement of a construction contract for the approximately 10.5 -acre Cell 3 of Segment 3 of the NCP2323092UL23017_Ce113 Liner Contractor Procurement 222 engineers I scientists I innovators Mr. Himanshu Mehta, P. E. 28 March 2023 Page 3 Class I Landfill. The scope of work is based on the requirements of Chapter 62-701, Florida Administrative Code (FAC) and Geosyntec's understanding of the Project based on information provided by the SWDD. Geosyntec will provide all engineering services necessary for the procurement of the construction contract. For budgeting purposes, the scope of work has been divided into four (4) phases, as presented below. • Phase 1 — General Consulting/Meeting Support/Project Management; • Phase 2 — Review of Background Documents; • Phase 3 — Preparation of Construction Documents; and • Phase 4 — Contractor Procurement Support Services. Each of these phases is briefly described below. Phase 1— General Consulting/Meeting Support/Project Management Phase 1 consists of three components: general consulting, meeting support, and project management. Geosyntec will provide SWDD with consulting services necessary to initiate the project. Geosyntec will prepare presentation graphics, engineering drawings, and other documents required to support the Project's meetings and coordination activities. A kickoff meeting with SWDD is proposed before the start of project activities so that the specific project requirements can be discussed. We suggest that this meeting be attended by Republic so that their input on Cell 3 construction can be provided. If required by SWDD, Geosyntec will prepare for and attend a meeting with the SWDD Board to explain the project scope and budget requirements. In addition, review meetings will be held with SWDD as necessary during the various phases of the project implementation schedule. Following each meeting, Geosyntec will prepare meeting minutes that document decisions reached in the meetings. Project management activities will include: budget and schedule tracking, invoice review, and project communications, including the preparation of a monthly progress report. The project report will include a description of the activities completed during the month and planned activities for the following month. In addition, the progress report will identify any technical or administrative issues that require SWDD's attention and the current status of the budget and schedule. NCP2323092UL23017 Ce113 Liner Contractor Procurement engineers I scientists I innovators 223 Mr. Himanshu Mehta, P. E. 28 March 2023 Page 4 For the purpose of this budget estimate, Geosyntec has included four meetings: (i) one kickoff meeting with SWDD (and Republic, if possible); (ii) one meeting with the SWDD Board, if requested by SWDD; (iii) one progress review meeting with SWDD; and (iv) one final review meeting with SWDD to present the Construction Documents and the construction cost estimate. Additional meetings are addressed in the remaining phases of this proposal. Phase 2 — Review of Background Documents Geosyntec designed and permitted the Segment 3 lateral expansion in 2010 and followed up with the construction documents, contractor procurement support, and construction certification services for the 11 -acre Cell 1 from 2012 to 2013. The original Segment 3 liner and leachate control system design utilized sideslope risers and submersible pumps to convey leachate from the leachate collection system (LCS) and leak detection system (LDS) pumps via force main to leachate treatment and disposal facility. In January 2018, CDM Smith, retained by SWDD, submitted a permit modification application to FDEP to include a gravity LCS and LDS that conveys leachate to a new pump station located north of the Class I Landfill. This permit modification application was approved by FDEP, and Cell 2 was constructed with this gravity LCS and LDS systems with liner penetrations to the pump station. It is also understood that the new pump station was designed and constructed to handle the combined leachate from Cells 2, 3, and 4 of Segment 3. Therefore, under this phase Geosyntec will review the following documents and drawings for the preparation of Cell 3 liner construction: • "Application for an Intermediate Permit Modification for a Class Landfill Permit Nos. 0128769 -022 -SC & 0128769 -023 -SO, Indian River County Landfill, Indian River County, Florida", prepared by CDM Smith, dated January 26, 2018; • Construction Drawings for Segment 3 Cell 2 Expansion, Segment 2 Partial Closure, and Landfill Gas System Expansion, dated January 2018; • As -built Survey Drawings for Cell 2 construction including new leachate force main and pump station, Octoberl6, 2019; and • "Subsurface Soil Exploration and Geotechnical Engineering Evaluation, Proposed Segment No. 3 Cell 3, Indian River County Class Landfill, Indian River County, Florida", prepared by Andersen Andre Consulting Engineers, Inc., dated January 25, 2023. NCP2323092UL23017 Ce113 Liner Contractor Procurement ctighwvrs I scientists I innovators 224 Mr. Himanshu Mehta, P. E. 28 March 2023 Page 5 Geosyntec will review these documents and any others provided by SWDD during the kick-off meeting to prepare the construction documents for Cell 3. Phase 3 - Preparation of Construction Documents Geosyntec will prepare the construction documents (drawings, technical specifications, material quantities, and CQA Plan) required to procure a contractor for Phase 2 construction of Cell 3 of Segment 3 Expansion. Construction drawings will be prepared utilizing the Permit Modification Drawings prepared by CDM Smith (and any applicable Permit Drawings initially prepared by Geosyntec) and will include control points along changes in grade, and other critical locations, including 50-$ grid intervals, to facilitate construction and certification of the Project. Technical Specifications and the CQA Plan will be compiled as part of the Construction Documents. The specifications will be prepared using the industry -standard Construction Specification Institute (CSI) format. Geosyntec will also prepare a bid sheet with estimate of material quantities for the contractor procurement. Also under this phase, Geosyntec will prepare an Engineer's Estimate of Probable Construction Cost for the Project to serve as a basis for comparison of bids during the procurement process. Probable construction cost will be based on estimated construction quantities for the project and engineering estimate of the probable unit cost for each item. Probable construction costs will be based on such catalogues as R.S. Means, information provided by product manufacturers, and Geosyntec's professional judgment and experience with similar expansion and liner system installation projects. Geosyntec will also prepare a construction schedule based on Geosyntec's understanding of the project and experience with similar landfill construction projects. Phase 4 — Contractor Procurement Services Under this phase, Geosyntec will prepare construction documents for procuring a construction contractor for Phase 2 construction. This will include preparation of the request for bid (RFB) documents; attending the pre-bid meeting; responding to bidders' questions and preparing required updates to the bidding document throughout the bid preparation process; evaluating bids; and preparing a recommendation to SWDD of the preferred bid for Phase 2 construction. Our budget is based on the assumption that the entire RFB package including the construction drawings, specifications document, responses to questions and project update will be uploaded by the County's Purchasing Division onto Demandstar website where it will be available for downloading by candidate contractors wishing to respond to the RFB. Geosyntec will provide NCP2323092UL23017_Ce113 Liner Contractor Procurement etiginer<>rs I scientists I innovators 225 Mr. Himanshu Mehta, P. E. 28 March 2023 Page 6 the County's Purchasing Division a complete package of the RFB for uploading onto the Demandstar website. SWDD will provide the front-end documents prepared for Phase 1 to be modified by Geosyntec for incorporation into the RFB package. Geosyntec will attend the pre-bid meeting with potential contractors to describe the Project and its requirements and answer questions at the pre-bid meeting. During the bidding process, Geosyntec will respond to written questions by issuing addenda. Preparation of addenda may require revisions to the Construction Drawings or material quantities as necessary to allow comparison and evaluation of bids from the contractors. Geosyntec will manage the procurement process, review and evaluate the bids submitted in compliance with the requirements of the RFB process, and prepare a recommendation with supporting rational for the selection of the preferred candidate contractor for construction of Phase 2 of the Project. SCHEDULE Geosyntec has prepared a schedule for construction contract procurement of the Segment 3 Expansion, which is included as Exhibit B. The schedule, as presented, assumes a start date of 4 April 2023. The first two months will be used to complete the Phase 3 Construction Drawings and other Construction Documents described above. Geosyntec assumes that the bid package will be completed and ready for posting by 15 June 2023. Geosyntec has assumed that the procurement phase including obtaining Board authorization will extend over a period of two to three months leading to the selection of the construction contractor by 15 October 2023. Geosyntec recognizes the importance of the schedule for SWDD and their need to obtain the required disposal capacity from Cell 3 of Segment 3 Expansion of the Class I landfill. Throughout the duration of the Project, Geosyntec will work diligently to meet those milestones and the schedule developed for the Project. BUDGET ESTIMATE Geosyntec proposes to perform the above -referenced work on a lump sum basis for $139,129.70. A budget estimate for the scope of work outlined in Phases 1 through 4 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Exhibit C. Phase 1: General Consulting/Meeting Support/Project Management $31,027.98 Phase 2: Review of Background Documents $22,898.44 Phase 3: Preparation of Construction Documents $56,928.16 Phase 4: Contractor Procurement Services $28.275.12 TOTAL $139,129.70 NCP2323092UL23017_Cell 3 Liner Contractor Procurement n t'itgmt,vrs I sciktnims 1 Innovalors 226 Mr. Hirnanshu Mehta, P. E. 28 March 2023 Page 7 Geosyntec will invoice SWDD each month of the project on a lump sum, percent complete basis in accordance with our Agreement. Additional services or any significant change in the scope of work will be performed using the Rate Schedule included in our Agreement. Geosyntec will not exceed the cost estimate without prior approval and written authorization from SWDD. CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Dr. Badu-Tweneboah's attention. Please call the undersigned with questions you may have as you review this proposal. Sincerely, Kwasi Badu-Tweneboah, Ph.D., P.E. Senior Principal Attachments NCP2323092\JL23017 Ce113 Liner Contractor Procurement 1 adendsa I hmovators 227 EXHIBIT B PROJECT SCHEDULE 228 t to I I• I... I_ (-• L-- L.- I-.. (..' ,ms: ( EXHIBIT C DETAILED BUDGET ESTIMATE 230 Table 1 BUDGET ESTIMATE PHASE 2 - CELL 3 LINER CONSTRUCTION CONTRACTOR PROCUREMENT CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 1: PROJECT MANAGEMENT/MEETINGS ITEM BASIS RATE QUANTITYTESTIMATED COST A. Professional Services a. Senior Principal Hr $294.00 30 $8,820.00 b. Principal Hr $274.00 0 $0.00 c. Senior Professional Hr $254.00 24 $6,096.00 d. Project Professional Hr $224.00 0 $0.00 e. Professional Hr $198.00 0 $0.00 f. Senior Staff Professional Hr $178.00 60 $10,680.00 g. Staff Professional Hr $154.00 0 $0.00 Subtotal Professional Services $25,596.00 B. Technical/Administrative Services a. Senior Designer Hr $190.00 4 $760.00 b. Designer Hr $160.00 0 $0.00 c. Senior Drafter/Senior CADD Operator Hr $145.00 0 $0.00 d. Project Administrator Hr $85.00 12 $1,020.00 e. Clerical Hr $65.00 6 $390.00 Subtotal Technical/Administrative Services $2,170.00 C. Reimbursables a. Lodging Da $150.00 8 $1,200.00 b. Per Diem Da $55.00 8 $440.00 c. Communications Fee 3% Labor $0.03 $27,766 $832.98 d. CADD Computer System Hr $15.00 4 $60.00 e. Vehicle Rental & Fuel Da $150.00 4 $600.00 f. 8"x11" Photocopies Each $0.09 100 $9.00 g. CADD Drawings Each 1 $3.00 1 40 $120.00 Subtotal Reimbursablesl $3,261.98 TOTAL ESTIMATED BUDGET: PHASE 01 $31.027.981 231 Table 2 BUDGET ESTIMATE PHASE 2 - CELL 3 LINER CONSTRUCTION CONTRACTOR PROCUREMENT CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 2: REVIEW OF BACKGROUND DOCUMENTS ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $294.00 12 $3,528.00 b. Principal Hr $274.00 0 $0.00 c. Senior Professional Hr $254.00 16 $4,064.00 d. Project Professional Hr $224.00 0 $0.00 e. Professional Hr $198.00 0 $0.00 f. Senior Staff Professional Hr $178.00 42 $7,476.00 g. Staff Professional Hr $154.00 0 $0.00 Subtotal Professional $15,068.00 B. Technical/Administrative Services a. Senior Designer Hr $190.00 32 $6,080.00 b. Designer Hr $160.00 0 $0.00 c. Senior Drafter/Senior CADD Operator Hr $145.00 0 $0.00 d. Project Administrator Hr $85.00 0 $0.00 e. Clerical Hr $65.00 1 0 $0.00 Subtotal Tech nical/Adminis $6,080.00 C. Reimbursables a. Lodging Da $100.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $21,148 $634.44 d. CADD Computer System Hr $15.00 32 $480.00 e. Vehicle Rental & Fuel Da $150.00 0 $0.00 f. 8"x11" Photocopies Each $0.09 400 $36.00 g. CADD Drawings Each $3.00 200 $600.00 Subtotal ReimburE $1,750.44 TOTAL ESTIMATED BUDGET: PHASE 02 22 898.44 232 Table 3 BUDGET ESTIMATE PHASE 2 - CELL 3 LINER CONSTRUCTION CONTRACTOR PROCUREMENT CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 3: PREPARATION OF CONSTRUCTION DOCUMENTS ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $294.00 22 $6,468.00 b. Principal Hr $274.00 0 $0.00 c. Senior Professional Hr $254.00 28 $7,112.00 d. Project Professional Hr $224.00 0 $0.00 e. Professional Hr $198.00 0 $0.00 f. Senior Staff Professional Hr $178.00 26 $4,628.00 g. Staff Professional Hr $154.00 56 $8,624.00 Subtotal Professional $26,832.00 B. Technical/Administrative Services a. Senior Designer Hr $190.00 136 $25,840.00 b. Designer Hr $160.00 0 $0.00 c. Senior Drafter/Senior CADD Operator Hr $145.00 0 $0.00 d. Project Administrator Hr $85.00 0 $0.00 e. Clerical Hr $65.00 0 $0.00 Subtotal Technical/Adminis $25,840.00 C. Reimbursables a. Lodging Da $100.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $52,672 $1,580.16 d. CADD Computer System Hr $15.00 1 136 $2,040.00 e. Vehicle Rental & Fuel Da $150.00 0 $0.00 f. 8"x11" Photocopies Each $0.09 400 $36.00 g. CADD Drawin s Each $3.00 200 $600.00 Subtotal Reimburd $4,256.16 TOTAL ESTIMATED BUDGET: PHASE 02 $56,928.161 233 Table 4 BUDGET ESTIMATE PHASE 2 - CELL 3 LINER CONSTRUCTION CONTRACTOR PROCUREMENT CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 4: CONTRACTOR PROCUREMENT ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $294.00 26 $7,644.00 b. Principal Hr $274.00 1 0 $0.00 c. Senior Professional Hr $254.00 20 $5,080.00 d. Project Professional Hr $224.00 0 $0.00 e. Professional Hr $198.00 0 $0.00 f. Senior Staff Professional Hr $178.00 50 $8,900.00 g. Staff Professional Hr $154.00 0 $0.00 Subtotal Professional Services $21,624.00 B. Technical/Administrative Services a. Senior Designer Hr $190.00 24 $4,560.00 b. Designer Hr $160.00 0 $0.00 c. Senior Drafter/Senior CADD Operator Hr $145.00 0 $0.00 d. Project Administrator Hr $85.00 0 $0.00 e. Clerical Hr $65.00 8 $520.00 Subtotal Technical/Administrative Services $5,080.00 C. Reimbursables a. Vehicle Rental & Fuel Da $150.00 2 $300.00 b. Per Diem Da $55.00 2 $110.00 c. Communications Fee 3% Labor $0.03 $26,704 $801.12 d. CADD Computer System Hr $15.00 24 $360.00 e. 8"x11" Photocopies Each $0.09 0 $0.00 f. CADD Drawin s Each $3.00 0 $0.00 Subtotal Reimbursables $1,571.12 TOTAL ESTIMATED BUDGET: PHASE 03$2gjZ5-_12jj 234