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HomeMy WebLinkAbout07/11/2023I .r.t o 1Rls ORIV t BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JULY 11, 2023 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Joseph H. Earman, District 3, Chairman John A. Titkanich, Jr., County Administrator Susan Adams, District 1, Vice Chairman Dylan Reingold, County Attorney Joseph Flescher, District 2 Ryan L. Butler, Clerk of the Circuit Court and Comptroller Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Tracy Moore, Vero Beach Church of Christ 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating the Month of July, 2023, as Parks and Recreation Month and Designating July 21, 2023, as Parks and Recreation Professionals' Day Attachments: Proclamation 5.B. Presentation of Proclamation - Designating the Week of July 15, 2023 Through July 21, 2023 as Treasure Coast Waterway Cleanup Week Attachments: Proclamation 6. APPROVAL OF MINUTES July 11, 2023 Page 1 of 9 6.A. Regular Meeting of May 02, 2023 6.B. Regular Meeting of May 16, 2023 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Richard Villeneuve On His Retirement From Indian River County Board of Commissioners Department of Public Works/Road & Bridge Division Attachments: Proclamation 7.B. Environmental Lands Acquisition Panel (ELAP) Attachments: Commissioner's Memorandum 7.C. Orders Approved by County Administrator Attachments: Staff Report Change Order A. Thomas Construction 7.D. Indian River County Venue Event Calendar Review Attachments: Venue Event Calendar 7.E. Florida Public Service Commission Consummating Order No. PSC -2023 -0180 -PAA -EQ, Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company, is available for review in the Office of the Clerk to the Board 7.F. Sebastian River Improvement District's Budget for Fiscal Year 2023/2024 (October 1, 2023 - September 30, 2024) is on file for review in the Office of the Clerk to the Board 8. CONSENT AGENDA 8.A. Checks and Electronic Payments June 9, 2023 to June 15, 2023 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments June 16, 2023 to June 22, 2023 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments June 23, 2023 to June 29, 2023 Attachments: Finance Department Staff Report 8.D. Tax Collector Carole Jean Jordan, Tax Collector -- 2022 Tax Roll Recapitulation Attachments: Memorandum from IRC Tax Collector 2022 Tax Roll Recapitulation July 11, 2023 Page 2 of 9 8.E. Request to Waive the Bid Process for Community Development Software Attachments: Staff Report Sole Source Vendor brochure Neighborly Software Agreement 8.F. Increased Size Allowances for Accessory Structures on Large Single -Family Parcels Attachments: Staff Report 8.G. Resolution of the Board of County Commissioners Authorizing Funding for the Florida Department of State, Division of Historic Resources Small Matching Grant for the Gifford Parks "Tour Through Time;" and for Providing an Effective Date Attachments: Staff Report Resolution Grant Form 8.11. Approval of a License Agreement with Miss B's Learning Bees, Inc. for Use of the Intergenerational Recreation Center for a Success Team Summer Program Attachments: Staff Report License Agreement 8.I. Indian River County Subaward and Grant Agreement for Hurricane Nicole Attachments: Staff Report Subgrant Agreement 8.J. Miscellaneous Budget Amendment 06 Attachments: Staff Report 2022 2023 Resolution Exhibit "A" 8.K. Authorization for BCC Chamber Upgrades with iM Solutions Attachments: Staff Report 8.L. Award of Bid 2023022 - Treasure Shores Beach Park Septic to Sewer Conversion Attachments: Staff Report Agreement 8.M. Resolution re Signatories for Clerk Attachments: Staff Report 2023 RESO annual signatories - Clerk Certificate For Facsimile Signature July 11, 2023 Page 3 of 9 8.N. Resolutions Formally Designating A Portion of Certain County Owned Properties as Right -Of -Way Attachments: Staff Report Reso Earmarking ROW (wr) - Colvin Reso Earmarking ROW (nr) - Hernandez-Lleo Reso Earmarking ROW (wr) - Abazis Reso Earmarking ROW (wr) - Hudson Reso Earmarking ROW (nr) - ONealL Reso Earmarking ROW (nr) - GardinerR-W Reso Earmarking ROW (nr) - Thompson Reso Earmarking ROW (wr) - Central Groves Corp Reso Earmarking ROW (nr) - US Bank (Jackson) Reso Earmarking ROW (wr) - Roddenbrry Reso Earmarking ROW (wr) - HoodB 8.0. Purchase of Trucks for Parks Division Attachments: Staff Report 8.P. Authorization to Purchase Replacement Rescue Unit Attachments: Staff Report SFEV Quote 8.Q. Sector 3, Hurricanes Ian and Nicole Pre -Construction and Engineering Services, APTIM, Work Order No. 2018006-15 Attachments: Staff Report APTIM Work Order #2018006-15 Work Order No 2018006-15 Agreement 8.R. Change Order No. 1 - Release of Retainage Dick Bird Park Pickleball Courts IRC -2204 Attachments: Staff Report Change Order No. 1 8.S. Monitoring of Committees Resolution Attachments: Staff Report Committee Monitor 8.T. Addendum to RXBenefits Administrative Services Agreement Reflecting Improved Pricing and Updates effective January 1, 2023 Attachments: Staff Report July 11, 2023 Page 4 of 9 8.U. Release of Retainage and Change Order No. 1, Moorhen Marsh Low Energy Aquatic Plant System (LEAPS), IRC -2107 Attachments: Staff Report Change Order No. 1 8.V. Grant Application Funding Assistance from the State of Florida Beach Erosion Control Program - FY 2024/2025 Attachments: Staff Report Funding Resolution Sector 3 LGFR 24-25 8.W. Approval of the Grand Muck Survey and Nutrient Analysis Contract Agreement Attachments: Staff Report IRC Muck Survey Proposal FIT Agreement for IRL Muck Research 8.X. FDEP Revised Grant Agreement 23182 (Indian River County 2022 Hurricane Ian and Nicole Recovery Project) Attachments: Staff Report Revised Grant Form No. 231R2 8.Y. Colliers International Lease Compensation for North County Office Attachments: Staff Report 8.Z. Amendment No. 2 to Work Order No. 5 with Edlund, Dritenbas, Binkley Architects and Associates for Fire Station #7 (IRC -1911) Attachments: Staff Report Amendment No. 2 to Work Order No. 5 8.AA. Approval of FWC Grant for Indian River County Derelict Vessel Removal Project Attachments: Staff Report FWC Grant Sample Agreement July 2023 IRC DV Removal Map 8.AB. North Sebastian Phase II Water and Sewer Project FDEP Cost -Share Funding Agreement (LPQ 0019) Time Extension Attachments: Staff Report LPQ0019 Amendment 3 8.AC. Revision 1 to Amendment No. 1 to Centerline, Inc. for West Wabasso Septic to Sewer Phase 3B Project Attachments: Staff Report Change Order No 1 Amendment 1 to Centerline Agreement July 11, 2023 Page 5 of 9 8.AD. Work Order #1 - West Regional Wastewater Treatment Facility Effluent Reject System Attachments: Staff Report Work Order #1 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. IRC Tax Collector Carole Jean Jordan re: PACE Loans Attachments: Memorandum from IRC Tax Collector 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Pulte Home Company, LLC's Petition for Abandonment of a Public Access Easement (LEGISLATIVE) Attachments: Staff Report Location Map Abandonment Resolution B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget 12.F.1. Consideration of Levying an Additional Cent of Tourist Tax Attachments: Staff Report FS 125.0104 G. Public Works 12.G.1. Indian River County's Draft Lagoon Management Plan Attachments: Staff Report Draft Lagoon Management Plan H. Utilities Services July 11, 2023 Page 6 of 9 13. COUNTY ATTORNEY MATTERS 13.A. County Attorney Employment Contract Attachments: Staff Report Employment Agreement 13.B. Deputy County Attorney Attachments: Staff Report 14. COMMISSIONERS MATTERS A. Commissioner Joseph H. Earman, Chairman 14.A.1. Proposed Joint Municipality Meeting Attachments: Commissioner's Memorandum 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 15.A.1. Approval Firefighter Cancer Decontamination Grant Attachments: Staff Report MES Quote TEN -8 Quote Bullard Quote Notice of Funding B. Solid Waste Disposal District 15.B.1. Approval of the SWDD Meeting Minutes of May 02, 2023 15.B.2. Approval of FY 2024 CPI Adjustment Requests by Waste Management, Atlas Organics, Republic Services, and Indian River Sustainability Center Attachments: Staff Report Rate Adjustment Letters from Waste Management Rate Adjustment Letter from Atlas Rate Adjustment Letter from Republic Rate Adjustment Letter from IRSC July 11, 2023 Page 7 of 9 15.B.3. Update on Franchise Collection Procurement Process Attachments: Staff Report 15.B.4. Work Order No. 2 to Geosyntec for One Year of Groundwater Monitoring/Reporting and Remedial Action Plan Modification Addendum No. 4 Design at the Former South Gifford Road Landfill Attachments: Staff Report Geosyntec Work Order No 2 15.B.5. Notice of Public Hearing to Adopt Rate Resolution 2023-001 Attachments: Staff Report 15.B.6. Final Pay to Geosyntec for Work Order No. 14 - 2022 Permit Compliance Monitoring & Reporting Attachments: Staff Report Project Completion Report and Final Invoice 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. July 11, 2023 Page 8 of 9 Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6.00 p.m. until Wednesday at 6.00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. July 11, 2023 Page 9 of 9 PROCLAMATION DESIGNATING THE MONTH OF JULY, 2023, AS PARKS AND RECREATION MONTH AND DESIGNATING JULY 21, 2023 AS PARKS AND RECREATION PROFESSIONALS' DAY WHEREAS, Parks and Recreation Month was established in 1985 and celebrates its 381h year in the state of Florida and nationwide; and WHEREAS, County Parks and Conservation Areas preserve the ecological beauty of our community, improve water quality, protect groundwater, prevent flooding, improve air quality, are aesthetically pleasing, and provide open green space for people and valuable habitat for wildlife; and WHEREAS, Indian River County is fortunate to have many beautiful parks, playgrounds, ball fields, golf courses, swimming facilities, nature trails, beaches, fairgrounds, campgrounds, intergenerational recreational facilities, a shooting range, and open spaces, which make our community a more attractive and desirable place to live, work and play; as well as to contribute to our ongoing economic vitality through enhancing property values, increased tourism, the attraction of visitors and recreational events; and WHEREAS, services that parks and recreation professionals provide are vital for our communities — from protecting open space and natural resources to providing wellness and mental health benefits for all people. Parks and Recreation Month encourages everyone to reflect on the exponential value parks and recreation professionals bring to communities; and WHEREAS, the U.S House of Representatives has designated July as Parks and Recreation Month; and WHEREAS, the Board of County Commissioners values the essential services that parks and recreation professionals and volunteers perform to provide recreational activities that build healthy, active communities that aid in the prevention of chronic disease, and also improve the mental and emotional health of all citizens; and NOW, THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board designates July as Parks and Recreation Month (Where Community Grows), and July 21, 2023 as Parks and Recreation Professionals Day and encourages all citizens to celebrate by participating in the diverse activities offered through the many facilities and places provided by Indian River County. Adopted this the 11th day of July 2023 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss 1 Proclamation DESIGNATING THE WEEK OF JULY 15 - JULY 21, 2023, AS TREASURE COAST WATERWAY CLEANUP WEEK -Whereas, the Marine Industries Association of the Treasure Coast, Inc. and the Florida Inland Navigation District (FIND) are deeply concerned with keeping the Treasure Coast waterways clean for all to enjoy; and 'Whereas, over 99.25 tons of trash have been collected from approximately 125 miles of waterways; and -Whereas, the 16th Annual Treasure Coast Waterway Cleanup will be held on Saturday, July 22, 2023 from 8am - 12:30 pm; and -Whereas, this event will attract over 1,200 volunteers, as well as numerous waterfront homeowner associations who will participate in cleaning the waterways of Martin, St. Lucie, and Indian River Counties; and -Whereas, twenty-five designated sites throughout the three counties will serve as registration and disposal sites for the volunteers, and alternatively, volunteers may report progress online. Now, 91herefore, be it Proclaimed by the Board of County Commissioners of Indian River County, FCorida, that the week of July 15 through July 21, 2023, be designated as TREASURE COAST WATERWAY CLEANUP WEEK in Indian River County, and all citizens are encouraged to use this occasion to foster appreciation for the Treasure Coast Waterways and assist in the cleanup efforts. Adopted this 11th day of July, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss proclamation HONORING RICHARD VILLENEUVE ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS / ROAD & BRIDGE DIVISION Whereas, Richard Villeneuve retired from Indian River County Department of Public Works, Road & Bridge Division effective June 30, 2023; and Whereas, Richard Villeneuve began his career with Indian River County on October 1, 1992, as a Maintenance Worker I with the Sandridge Golf Course. On September 24, 1993, he was promoted to Maintenance Worker ll. On May 31, 1996, he transferred to Public Works as a Maintenance Worker I. On June 28, 1996, Richard was promoted to a Maintenance Worker III with the Road & Bridge Division. On March 30, 2001, the Maintenance Worker 111 position was changed to Maintenance Worker and he remained in this position until his retirement; and Whereas, Richard Villeneuve has served this County and Public with distinction and selflessness. He has gained the respect and admiration of his colleagues, co-workers and citizens within the County and his work is greatly appreciated, and Naw, 11herefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florin that the Board applauds Richard Villeneuve's hard work representing the organization on behalf of the County; and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the past 30 years; and Be It Further Proclaimedthat the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this June 30, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman July 11, 2023 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 5, 2023 SUBJECT: Environmental Lands Acquisition Panel (ELAP) FROM: Joseph H. Earman Commissioner, District 3 I will be the (non-voting) liaison to the Environmental Lands Acquisition Panel (ELAP) 4 7e. INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 29, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Orders Approved by the County Administrator BACKGROUND: Section 105.o6 of the Indian River County Code of Ordinances directs the county administrator to prepare a purchasing policies and procedures manual ("Purchasing Manual'), which provides guidance for how various transactions are to be completed. Paragraph 4.6.0 of the Purchasing Manual states the County Administrator may authorize and approve change orders to agreements executed by the Board, where the net increase to the contract amount does not exceed $5,000. The County Administrator would like to inform the Board when such approvals are made. RECOMMENDATION: No action by the Board is necessary. Attachment: A. Thomas Construction Change Order (Bid 2023027) 5 Time with . Chl#W Orders: tare Subst Coe Isimt;. . . Ft litAMA May 11,202P ISM 27th st ..... Vem FL 32,960 - R . 5300 73rd St Rolocatkm of #10 Tee 6n Lakes Course #302 Changes "sem p to . ,. 00 'o`h'ma Indian River County Venue Event Calendar — july 2023 For more www.ircgov.com 2023 ADULT — SUMMER PICKLEBALL LEAGUE Beginning July 10, 11, 12 @ Dick Bird South County Regional Park Pickleball Complex • 6:00 p.m. registration due by July 12. $60. ➢ Limited to 24 teams each league. ➢ Mondays — Women's; Tuesdays — Men's; Wednesday's —Mixed Doubles ➢ Call 772-226-1780 to register! PUZZLE GAME CHALLENGE Monday, July 10 @ North County Library • 6:00pm-7:30pm. FREE. ➢ How quickly can you solve a puzzle? Test your skills against puzzle fanatics and the clock as you race to complete a 500 -piece puzzle and win a prize! ➢ Come with a team (of up to 5 people!) or join one on site! ➢ For more information call 772-400-6360 or go to libraries.ircgov.com. DISNEY KARAOKE Thursday, July 13 @ Main Library • 1:00pm-2:00pm. FREE. ➢ Teens only! No registration required. ➢ Channel your inner Disney character during this interactive karaoke event. ➢ For more information call 772-400-6308. PICKLEBALL CLASSES — WITH DEREK PRINCE July through September @ iG Recreation Center ➢ Beginner Pickleball Levels 1— III • $30 ➢ Pickleball Doubles Strategy • $30 ➢ Intro to Pickleball • $30 o July 5, 14; August 2, 23; September 11, 20 ➢ Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! 2023 ADULT — CHILD CHAMPIONSHIP Saturday, July 15 @ IRC Sandridge Golf Course • 8:00 a.m. Shotgun start. $70 per team. ➢ Limited to first 50 teams. Registration fee includes golf charges, range balls, prizes and lunch. ➢ Must register by July 13 at 6:00 p.m. ➢ Prizes will be awarded for the overall winner and winners in 5 youth age categories. VERO BEACH GUN SHOW Saturday, July 15 and 16 @ IRC Fairgrounds • 9:00 a.m. —5:00 p.m. Saturday, 10:00 a.m. —4 p.m. Sunday. $8 for 14 and over-, tinder 14 FREE. ➢ Hosted by Patriot Productions, LLC. ➢ Buy, sell trade. ➢ For more information call 866-611-0442 JUNIOR LIFEGUARD PROGRAM Monday, July 17 —August 2 @ Gifford Aquatic Center • $40 per person, Scholarships available for those who qualify. ➢ 6 Sessions through the summer to get you swimming fast! ➢ Lessons available for age ranges 6 months old to adults. GROUP SWIM LESSONS Daily, June 5 — August 3 @ North County and Gifford Aquatic Centers • $150 per person, Scholarships available for those who qualify. ➢ The American Red Cross Junior Lifeguard Programs is a fun and educational camp for youth 11-14 years old ➢ Participants will be involved in interactive activities, such as Lifeguard rescues, CPR/First Aid, water and personal safety. ➢ For more information or to register, go to https://www.ircgov.com/parksandrecreation/ TOYS FOR TOTS CHRISTMAS IN JULY Saturday, July 22 @ IRC Fairgrounds • 11:00 a.m. — 6:00 p.m. FREE. ➢ Food trucks, vendors, music, Santa and more. ➢ For more information, go to http://vero-beach-fi.toysfortots.org HANDGUN 101 COURSE Sunday, July 30 @ IRC Shooting Range • 9:OOam-2:OOpm. $100 per person. ➢ This course is a complete guide to understanding the basics of firearm ownership, safety, and nomenclature, and how it applies to self-defense. Upon successful course completion, the student will receive a training certificate that may be submitted to the State of Florida as proof of training if applying for a Florida CCWP. ➢ Pre -registration is required. ➢ Call 772-226-3096 for more information or email the instructor nanci.robinson@crrtllc.com YOUTH PICKLEBALL CAMP Monday, July 31— August 4 @ West Wabasso Park • 9:OOam-11:OOam. $50 per child. 9 ➢ Learn the basics of Pickleball; scorekeeping, forehand, backhand and defense. ➢ All equipment is provided. Limited to 12 participants. ➢ Call 772-226-1780 for more information. 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 772-226-1752. 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. 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. 10 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. QI GONG — NEW CLASS! Tuesdays @ iG Center Starting July 11 • 10:00am-11:00am. Cost $12 ➢ No special clothing or equipment required. Stand or Sit. Walk-ins welcome. ➢ Leave refreshed, relaxed and joyful. ➢ 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 ➢ 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 tumbling skills such as forwards/backwards rolls, handstands, and cartwheels. ➢ They will also improve self-confidence, basic skills, strength, flexibility and balance. Spaces are limited sign up quickly! ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. 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 11 ➢ 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 • 9:00 am -10 am. Mondays, 10am-11:30am Monday, Wednesday and Fridays. 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 or register online at ircgov.com/ParksandRecreation. 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. 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 +. Held twice a week to get you out, active and UP- BEAT! Walk-ins welcome. ➢ For more information call 772-226-1780. YOGA LATES Tues and Thurs @ iG Center • 10:30am-11:30am. Cost $5 12 ➢ Mix between Yoga and Pilates. Walk-ins welcome. ➢ For more information call 772-226-1780 or register online at ircgov.com/ParksandRecreation. ADULT OPEN GYM BASKETBALL Tuesdays and Thursdays @ iG Center • 9am-12pm and 12:30pm-3:30pm. Cost $3 ➢ Call 772-226-1780 for more information or go to ircgov.com/ParksandRecreation. VETERANS YOGA PROJECT — MINDFUL RESILIENCE Wednesdays @ iG Center • 2:OOpm-3:OOpm. FREE ➢ Led by Certified Yoga Alliance Trainer Danielle Martinez ➢ Class open to active and retired military, first responders, their families, caregivers and anyone looking to support veterans. ➢ Call 772-226-1780 for more information. SENIOR WALKING CLUB — COMING IN AUGUST! • Tuesdays @ 8:30am @ MLK, Jr. Walking Trail & Park • Tuesdays @ 9:30am @ Victor Hart Sr. Community Enhancement Complex ➢ Led by Certified Walk with Ease Instructor & Recreation Leader Sarah Eiswerth FLORIDA HALF CENTURY TOURNAMENT SO'S DIVISION Saturday, August 19 and 20 @ Richard "Dick" Bird Park (AKA South County Park) and Commissioner Fran B. Adams Park • 8:00 a.m. — 3:00 p.m. Saturday and Sunday ➢ Between 40 - 60 teams from all over the State and beyond will be landing in our County for this illustrious tournament. ➢ For more information visit www.floridahalfcentury.org 13 BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of renewable DOCKET NO. 20230046 -EQ energy tariff and standard offer contract, by ORDER NO. PSC -2023 -0180 -PAA -EQ Florida Power & Light Company. ISSUED: June 21, 2023 The following Commissioners participated in the disposition of this matter: ANDREW GILES FAY, Chairman ART GRAHAM GARY F. CLARK MIKE LA ROSA GABRIELLA PASSIDOMO NOTICE OF PROPOSED AGENCY ACTION ORDER FLORIDA POWER & LIGHT COMPANY'S AMENDED STANDARD OFFER CONTRACT AND RATE SCHEDULE BY THE COMMISSION: NOTICE is hereby given by the Florida Public Service Commission (Commission) that the action discussed herein is preliminary in nature and will become final unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25- 22.029, Florida Administrative Code (F.A.C.). Background Section 366.91(3), Florida Statutes (F.S.), requires each investor-owned utility (IOU) to continuously offer to purchase capacity and energy from renewable generating facilities and small qualifying facilities. Commission Rules 25-17.200 through 25-17.310, F.A.C., implement the statute and require each IOU to file with the Commission, by April 1 of each year, a revised standard offer contract based on the next avoidable fossil -fueled generating unit of each technology type identified in the utility's current Ten -Year Site Plan (TYSP). On April 3, 2023, Florida Power & Light Company (FPL) filed a petition for approval of its amended standard offer contract based on its 2023 TYSP. We have jurisdiction over this amended standard offer contract pursuant to Sections 366.04 through 366.055, and 366.91, F.S. Review and Decision Section 366.91(3), F.S., and Rule 25-17.250, F.A.C., require that an IOU continuously make available a standard offer contract for the purchase of firm capacity and energy from renewable generating facilities (RF) and small qualifying facilities (QF) with design capacities of ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 2 100 kilowatts (kW) or less. Pursuant to Rules 25-17.250(1) and (3), F.A.C., the standard offer contract must provide a term of at least 10 years, and the payment terms must be based on the utility's next avoidable fossil -fueled generating unit identified in its most recent TYSP, or if no avoided unit is identified, its next avoidable planned purchase. While FPL's 2023 TYSP does not feature an avoidable fossil -fueled generating unit or planned purchases that could be deferred during the planning period, FPL has identified a 1,991 megawatt (MW) combined cycle with a projected in-service date of June 1, 2033, as the next avoidable planned generating unit based on its current planning process. In order to comply with the rule, we have previously approved using a unit outside of the TYSP planning period as the avoided unit for standard offer contract purposes.' Under FPL's standard offer contract, the RF/QF operator commits to certain minimum performance requirements based on the identified avoided unit, such as being operational and delivering an agreed upon amount of capacity by the in-service date of the avoided unit, and thereby becomes eligible for capacity payments in addition to payments received for energy. The standard offer contract may also serve as a starting point for negotiation of contrast terms by providing payment information to an RF/QF operator, in a situation where one or both parties desire particular contract terms other than those established in the standard offer. In order to promote renewable generation, we require each IOU to offer multiple options for capacity payments, including the options to receive early or levelized payments. If the RF/QF operator elects to receive capacity payments under the normal or levelized contract options, it will receive as -available energy payments only until the in-service date of the avoided unit (in this case June 1, 2033), and thereafter, begin receiving capacity payments in addition to firm energy payments. If either the early or early levelized option is selected, then the operator will begin receiving capacity payments earlier than the in-service date of the avoided unit. However, payments made under the early capacity payment options tend to be lower in the later years of the contract term because the net present value (NPV) of the total payments must' remain equal for all contract payment options. Table 1 contains FPL's estimates of the annual payments for each payment option available under the revised standard offer contract to an operator with a 50 MW facility operating at a capacity factor of 94 percent, which is the minimum capacity factor required under the contract to qualify for full capacity payments. Normal and levelized capacity payments begin with the projected in-service date of the avoided unit (June 1, 2033) and continue for 10 years, while early and early levelized capacity payments begin 4 years prior to the in-service date, or 2029 for this example. 'See Order No. PSC -2018 -0316 -PAA -EQ, issued June 20, 2018, in Docket No. 20180083 -EQ, In re: Petition far approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company; Order No. PSC -2020 -0212 -PAA -EQ, issued June 26, 2020, in Docket No. 20200114 -EQ, In re: Florida Power & Light Company's Petition for Approval of a Renewable Energy Tariff and Standard Offer Contract; Order No. PSC -2020- 0213 -PAA -EQ, issued June 26, 2020, in Docket No. 20200115 -EQ, In re: Petition for approval of new standard offer for purchase of firm capacity and energy from renewable energy facilities or small qualifying facilities and rate schedule QS -2, by Gulf Power Company, and Order No. PSC -2022 -0203 -PAA -EQ, issued June 9, 2022, in Docket No. 20220072 -EQ, In re: Petition for approval of revised standard offer contract. and a revised accompanying rate schedule QS -2, by Florida Power & Light Company. 16 -�� ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 3 Table 0 - Estimated Annual Payments to a 50 MW Renewable Facility (940/. Cnnneity Factnr) Year Energy Payment Normal Capacity Payment Levelized Early Early Levelized $(000) $ 000 $(000) $(000) $(000) 2024 16,263 - - - - 2025 14,648 - - - - 2026 14,581 - - - - 2027 14,793 - - - - 2028 12,878 - - - - 2029 11,500 - - 1,620 1,812 2030 11,465 - - 2,811 3,106 2031 11,752 - - 2,870 3,106 2032 10,675 - - 2,929 3,106 2033 11,553 2,792 3,029 2,990 3,106 2034 11,858 4,844 5,192 3,052 3,106 2035 10,887 4,945 5,192 3,116 3,106 2036 12,682 5,048 5,192 3,181 3,106 2037 13,318 5,153 5,192 3,247 3,106 2038 14,875 5,260 5,192 3,314 3,106 2039 14,581 5,369 5,192 3,383 3,106 2040 15,128 5,481 5,192 3,454 3,106 2041 15,149 5,595 5,192 3,526 3,106 2042 14,788 5,712 5,192 3,599 3,106 2043 15,608 2,400 2,163 1,512 1,294 Total 258,385 52,599 1 51,920 44,605 43,485 Total (NPV) 129,412 16,890 1 16,890 16,890 16,890 Nource: rrL's Response to 5tatt's First Data Request` FPL's standard offer contract, in type -and -strike format, is included as Attachment A to this Order. The changes made to FPL's tariff sheets are consistent with the updated avoided unit. Revisions include updates to calendar dates and payment information which reflect the current economic and financial assumptions for the avoided unit. The provisions of FPL's renewable energy tariff and amended standard offer contract conform to the requirements of Rules 25-17,200 through 25-17.310, F.A.C. The amended standard offer contract offers multiple payment options so that a developer of renewable generation may select the payment stream best suited to its financial needs. 2 Document No. 03056-2023, filed May 2, 2023, in Docket No. 20230046 -EQ. /3-3 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 4 Based on the foregoing, it is ORDERED by the Florida Public Service Commission that the amended standard offer contract and associated rate schedule QS -2 filed by Florida Power & Light Company are hereby approved. It is further ORDERED that the provisions of the Order, issued as proposed agency action, shall become final and effective upon the issuance of a Consummating Order unless an appropriate petition, in the form provided by Rule 28-106.201, Florida Administrative Code, is received by the Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on the date set forth in the "Notice of Further Proceedings" attached hereto. Potential signatories should be aware that, if a timely protest is filed, Florida Power & Light Company's standard offer contract may subsequently be revised. It is further ORDERED that in the event this Order becomes final, this docket shall be closed. By ORDER of the Florida Public Service Commission this 21 st day of June, 2023. /s/ Adam J. Teitzman ADAM J. TEITZMAN Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850)413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. JDI 13'S ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 5 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. As identified in the body of this order, our action is preliminary in nature. Any person whose substantial interests are affected by the action proposed by this order may file a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, at 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on July 12, 2023. If such a petition is filed, mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. In the absence of such a petition, this order shall become effective and final upon the issuance of a Consummating Order. Any objection or protest filed in this docket before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. Any party adversely affected by the Commission's final action in this matter may request: (1) reconsideration of the decision by filing a motion for reconsideration with the Office of Commission Clerk, within fifteen (15) days of the issuance of this order in the form prescribed by Rule 25-22.060, 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 by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 6 Attachment A Page 1 of 42 ItSISent Revised Sheet No. 9.030 6 -Fifteenth Revised Sheet No.P.113Q ►.a�nn ` t pgiatiofO company organized and existing �' P nY � ng 14!' ,. of add d0ftr, of a Rerr bla Facility as defined in sectioh2$47=4(1)1. &C. or a: , ng Facility with a design capacity of 1 W or less as defined in section �; otida Power & I ttt mpany (her nAor TP -L"), a corporation organized and existing under the laws of thdState of Florida;, The Q9 and FPL: shalt be ,ioh* =identified herein as the 4Parties". This Contract contains five Appendices,' A tdix' & 094 X' PW,We and .Energy; Appendix B. Pay for Performance Provisions; Appendix C, Termination Fee, Appendix 10,E Elatailed Project Information and Appendix 1;, contra options to be selected by QS. WITNESSETH. WHEREAS, the QS desires to sell and deliver, and FPL desires to #Umhase and receive, firm capacity and energy, to be generated by the QS consistent with the terns of this Contract, Seddon 36691, Florida Statutes, and/or 11tti[ti ttttission ("FPSC ) Rules 25=17.082 through ZStI A11,;F,A .:and FPSC Rules25- 17.M through ,517 31tlS . 114MRBAS, IM Q9, has signal a it#4tonnection agreement with: FPL (the fT rconnection Agreeinet,'), or it has entered into valid and enforceable interconnection/transmission service agreement(s) with the utility �(or those utilities) whose transmission facilities are necessary for delivering; the firm capacity and energy, to FFL(the "Wheeling Agreement(on); IXIMMr, "fit+D .MC)* 4"041te form W* Standard Offer OMtW At fhe Purchase 4tIft, Capacity and Energy from a Renewable. Energy FaQ ft ora Qualifying FaeRity with a design capacity of 1116 KWorleaskand; ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 7 (Continuedfrom SheetNolft 1. tQ&iit Attachment A Page 2 of 42 The QS contemplates, installing operatirgaWmabdaining a KVA generating facility located at (hereinafter called the "Facility'. The Facility is designed to duce a maximum of kilowa€ s CVW�ofeleetric power at an 85% lagging to 85%o: leading, power factor. The Faesility's location and generation capabilities are as describedinthe tablAelow. TECHNOLOW AMQMqMA. Leeatim,Spedficlegal descript�r(egHmetesmw tD14AWbo ryith #Feet address , ,.Generator Type (Induction or Synclw fiousy TM of Facility (Hydrogen produced from sources otherthan't'ossi ruels,biomass as defined in Section 25-17.210 (2) F.A.C. ,solar energy, geothermal energy, wind -energy, ocean energy, hydroelectric power, waste heat from sulfuric acid manufacturiug operations: or <1 001M cogenerator) Technology' ,IWIType and Source 00Rating (KVA) Maximium:Capability(Kw) 'Peaking Capability Net output(Kw) :Power Factgt Operating Voltage (k "Peak Internal LoadK'Glt' ne rouQwung secuons tat tnrougn ted are appneame to tcenewome energy raciuttes ('xhrs') w4 scessaW applicable to Qualifying Facilities witha design capacity of 100 KW or less: (et) Xthe QS is a RBF, dw-0 de-0represents and warrants that ` -lie sole sources 'af:fuel or power used by the Facilily to. produce energy for sale to FPL during the term of this Contract shall be such sources as are defined in arA .�'( hided for pursuant to Sections _ififi.91(2}(e} and (b), Florida Statutes, and FPSC Rules 25=17.210(1} and.�2�; Fossil fuels shall be limited to the minimum quantities necessary for start-up, shut -clown aZtd £dt" " arability at minnnum load, and (ui) the REF is capable 4f generating the amqunt-cifeapacity,pur�illtt�i �! tit Agreement withoutthe use. (%) The Partiba agree and aclQiowledge that:if the Q3 is 0 REF, :thy: QS will iaiat; ft 1,F ill Il obligation to pay: for, any electrical energy produced by the Facility frottt $ tf$* cif ft.W . specifically provided forinparagrap}t I(a).above. (Coad rued Maga %AM) ORDER NO. PSC -2023 -0180 -PAA -EQ Attachment A DOCKET NO. 20230046 -EQ Page 3 of 42 PAGE 8 13'9 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 9 (Continued from SheetW9.032) x.9.032) 3;2 M 1* 00130 M. shall sbe? "po=4o W, Attachment A Page 4 of 42 First Revised SheetNo. 9.032.1 Cancels Original SheetNo. 9.032.1. 3.231 Design, c0nsttttct,.and mAtiinifi'd P0040tyin accordance with this Contrack applicable 1atw, regulatory; and governmental approvals,; any requirements of warranty agreements or similar agreements, prudent industrypractice, inswartce policies, and the Ittterootgp ctibn Agreement or Wheeling Agreement. 12_2 Perform all studies, payail fees; obtain all necessary approvals and execute all necessary agreements (including the Interconnection Agreement or the Wheeling Agreement(s)) in order to schedule and deliver the firm capacity and energy to FPL. 3.2.3 Obtain and maintain all permits, certifications; licenses, consents or approvals of any governmental or regulatory) authority necessary for the construction, operation, and maintenance of the Facility (the "Pernuits"j. QS shall keep FPL reasonably informed as to the status of its_permitting efforts and shall promptly inform FPL of any Permits it is unable to obtain, that are delayed, limited, suspended, terminated, or otherwise constrained in a way that could limit, reduce, interfere with, orpreclude QS's ability to perform its obligations under this Contract (including a statement of whether and to what extentthisoircumstance maylimit or preclude QS7s abilityWperfort under this C':onn•act) 31A betnorstrate'tosa6ittet3ott: that QS' l as established Site Control, an agreement for the ownership or lease of the Facility's site, for the Term of the Contract. 1324 Camplete all environmental impact studies and comply with applicable environmental laws necessary for the 06iistioptiM operation, and maintenance of the Facility, 32:6 At FPL's request, provide to FPL electrical specifications and design drawings pertaining to the Facility for FPL's review prior to Srtalizing design of the Facility and before beginning construction work based on such specifications and drawings, provided FPL's review of such specifications and design shall not be construed as endorsing the specification[, and design thereoty or as any express or implied warranties including performance, safety, durability or reliability of the Facility. QS shall provide to.FPL reasonable advance r"cq q(tplyc gges: tt the Fac ila trrlll pro»de to FPL specifications and design drawings ofany such changes. M7 'Within fifteen atter the close of each month from the first month following the Effective Date until the Capacity Delivery Dat%prodife to FPL a monthly progress report (in a form reasonably satisfactory to FPL) and agree to regularly scheduledeen representatives of QS and FPL to review such monthly reports and discuss QS's construction progress: �, y Progress Report shall indicate whether QS is on target to meet the Capacity Delivery Date. If, for any reason, FPWreason to believe that QS may fail to achieve the Capacity Delivery Date, then, upon FPL's request, QS shall sttlirt f to FPL, within ten (10) business days of such request, a remedial action plan C Remedial Action Plan") that sets forth a detailed description of QS's proposed course of action to promptly achieve the Capacity Delivery Date; Delivery of a Remedial Action Plan does not relieve QS of its obligation to meet the Capacity Delivery Date. <33 MAW'have time right, but not the .obligatio% ttm', 3.3:2 W04Aft bosmess:hours ttpon.reasoriable notice, or held'byQSi .3.8;30pmistent with 'Section 3.26-notify'QS'in writing of tate results ofthereview-within thitty(3(i)dayst ag "Word14 specifications for the Facility, including a description of any Haws perceived by FPL in the design; 3-43, lilspect the Facility's conmstnmctionj'or on psc -site QS data and irt!atianpertainiitg to the Facilityd '61 hbo upon notice. Issued br.,X.` _ Romig,.11trector, urates and'FarlIT3 Effective: September13r1016 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 10 (Continued from` Sale of EnoW and Capacity byt1wQS Attachment A Page 5 of 42 Tenth Revised Sheet No. 9.033 Cancels Ninth Shect No. 9.033 4.1 Consistent with the terms hereof; the QS shall sell and deliver: to FPL and'"L shall purchase and receive from the QS at the Delivery Point (defined below) all of the energy and firm capacity generated by the Facility. FPL shall have the sole and exclusive right to purchase all energy and capacity produced by the Facility. The purchase and sale of energy and firm capacity pursuant to this Contract shall be a ( ) net billing arrangement or ( ) simultaneous purchase and sale arrangement; provided, however, that no such arrangement shall cause the QS to sell more energy and firm capacity than the Facility's net output The billing methodologymay be changed at the option of the QS„ subject to the provisions of FPL Rate Schedule QS -2. For purposes of this Contract, Delivery Point shall be defined as either: (a) the point: of interconnection between FPL's system and the transmission system of the fmal utility transmitting energy and firm capacity from the Facility to the FPL system, as specifically described in the applicable Wheeling Agreement, or (b) the point of interconnection between the:: Facility and FPL's transmission system, as specifically described in the lnterconnection.Agreement. 4.2 The QS shall not rely, on interruptible standby service for the startup requirements (initial or otherwise). of the Facility. 4s3 T1te Qfi shall be responsible for all costs, charges and peitalties.assoeiated with development and ooeratiott5f lite)itttit?S!, 4.A The QS shall be responsible for all intMannection, electric losses, transmission and ancillary service smrangemtitrts 8�d tegkedtodeliver, on a firm basis, the firm capacity and energy from the Facility to the Delivery Point ColtnntlMd Capoe ty/Capgdty lleltvtaty !)cite 5-1 The QS comnuts to sell and BeGY $rmn'capaoity tb FPL at the Delivery Point, the amount ofwit' eh shad to detennnrnai$` ti accordance with this Section 5 (the' rtmitted Capacity'). Subject to Section 5.3 the Con unfitted Capacity shall be °:RW, delivery date no later than the twice date of the Avoided Unit or as otherwise specified in Appendix. E (the "Guaranteed Capacity Delivery Date'). 53, Testing of the capacity of the :Fao t '(each such test, a "Committed Capaoity Taut")" shall be performed in accordance with fhb; procedures set forth in Section 6. the Demonstration Period (defined herein) for the first Conunitted Capacity Test shall commence no emriier than six (6) months prior to the Capacity Delivery Date and testing: must be completed by 11:59 p.m. EST on the date prior: to the Guaranteed Delivery Date. The first Committed Capacity Test shall be deemed successfidly completed when the QS demonstrates t4 FPL's satisfaction that the Facility can make availablecapacityof at least one hundred percent (10M16) of the Committed Capacity set forft An Section 5.1. Subject to Section 6:1 the QS .may schedule and perform up to three. (3) Camtnitted Capacity Tests to satisfy the. Capacity' requirements of the Contract. 5:3 FPL shall have the -right in require ft A' Iiy notice no less than ten (10),business days prior to such proposed tests to validate the: Committed Capacity of tate Fog*-tty.lm t' subsequent Committed Capacity Tests as follows: (a) once per each Summer period attd: once per each Winter period at FPL's seleAk"tion,(b) at any time the QS is unable to comply with any material obligation under thist Contract for a period :of thirty (30) days or:mwe in the aggregate as a consequence of an.event of Force Majeure, and (e) at anytime the QSr fails in three consecutive mo nflis to achieve oft Annual Capacity Billing Factor, as defined in Appendix B (the "ACBF), equal to or greater than 10%. The results of any such test shalfbe provided to FPL within seven (7) days oftlie conclusion of such test On and after the date of such requested Committed Capacity Test, and until the completion of a subsequent.Committed Capacity Test; the Committed Capacity slab' be deemed as the lower of the tested capacity or the Comnritted Capacity as setfortit in,Sectiom 5.1. a4 6twithstanding anything to the contnvyherem, the Committed Capacity shall not exceed the amount set forth in Section 5.1 without ut tae ,phot written consent of FPL, such consent not unreasonably withheld. .5,5 The "Capacity Delivery Date" shall be defined as the fust calendar day immediately after the date following the last to occur. of (a) the 'Facility's successful completion of the first Committed t Capacity Test but no earlier than the comtnencement date for deliveries of firm' apacityand energy (as such is specified in Appendix E) and (b) the satisfaction by QS of the following DeliveryDate Conditions (defined below); (Continued on Sheetl&*M4) p try:..t7naPy-UP M, Senior Virector, Regulatory Rates, Cost of Servke and Systems Eil'+liclWO ;Tsitt(tt q' 1, =2 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 11 FLORIDA POvI/F.R & LIGHT COAIPAINY Dontinue:I'rom $hv*I9.M Attachment A Page 6 of 42 Original Shesl.�lft,it-i 5 W A certificate addressed`tim-SPL from a Licensed Professional Engineer (reasonably acceptable to FFI, utla jl: itespects) stating: (a) the nam epi.* capacity rating of the Facility at the anticipated time of commercial operation; vMch.must be at;least9ftaffhe Expected Nameplate Capacity Rating; (b) that the Facility is able to generate electricenergy reliably in amounts expected by this Agreement and in accordance with all other terms and conditions hereof; (c) that Start -Up Testing of the Facility has been completed; and (d) that, pursuant to Section 8.4, all system protectionand control and Automatic Generation Control devices are installed and operational. 5:5.2 A certificate addressed to FPL from a Licensed Professional Engineer (reasonably acceptable to FPL in.all respects).stating; itf conformance with the requirements of the Interconnection Agreement, that: (a) all required interconnection facilities have been constructed; (b) all required interconnection tests have been completed; and (c) the Facility is`physically'interconnected with the System in conformance with the Interconnection Agreement and 4b1e ta'dnl v0.energy consistent vrith the terrnscai t 0 Agreement: 1.51 A ow0wwooessed t Professional Engineer (reasonably acceptable to FPL in all respects) stating that"QS has obtained or entered into all permits and agreements with: respect to: the Facility necessary 'for constructlon, ownership,_ operation, and maintenance of the Facility (the `Required Agreements"). QS must provide copies of an or all Required Agreements requested by FPL. 5. Att i m a"law Oran or anoiney, registered or licensed in the State orf Wd s (reasonably acceptable tci FF'L•i"H respects), stating, after all -appropriate and reasonable inquiry, that: (�),:QS has obtained or entered.into'all Aet uit i Agreements; (b) neither QS nor the Facility is in violation of or suliject to any liability under any appliic ible.law; and (c) QS'hswduly filed and had recorded .all of the agreements, documents, instruments, mortgages, deeds of trust, and other writings described in Section %7, 55 Fk'L has received the Complctioit/Perfonn ance Secut ftough (e) the "Commercial Operation } iX. afiall have ten (10) Business Days after receipt either to confirm to QS that all of the Delivery Date Conditions havabeen satisfied or have occurred, or to state with specificity what FPL reasonably believes has notbeen satisfied, 5,6 Thor QS snail ba" iiitled to receive capacity payor ents beginning on the Capd� Do very Date, provided, the Capacity Delivery Pace"occurs on or before the iaf• Y#Ge date of the Avoidedl tttssuch later date permitted by FPL pursuant to the following sentence). If the. Capacity Delivery Date does not occur on or before the trteed Capacity Delivery Date, FPL shall be entitled to the Completion/Performance Security (as set forth i;* Section 9) in full; and imadd tion, has the right but not the obligation to allow the QS up to an additional five (5 months to achieve tle:tapacity Delivery Date. If the QS fails to achieve the Capacity Delivery Date either by (a) the Guaranteed Delivery Date or b) such later date as permitted byFPL, FPL shall have no obligation to make any capacity payments under this Contract and FPI, will be permitted to terminate this Contract, consistent with the teaps hcaeitt, witltout mer obligations, duties or liability:to the QS.. (, .. ."' bet:.•. _ ; mer J'WW4 ORDER NO. PSC -2023 -0180 -PAA -EQ Attachment A DOCKET NO. 20230046 -EQ Page 7 of 42 PAGE 12 Third Revised Sheet No. 9.034 ARIDA.r0WE tAJMG A" *mO*vLtett Sheet No. 9.034 '•x� from SheetTl'ts.�i�3} 6. Testing Procedures 6.1 The Committed Capacity Test must be'completed successilillywithin a sixty -hour period (the "Demonstration Period'), which ,period, including the approximate start time of the Committed Capacity Test, shall be selected and scheduled by QS by means of a written notice :to FPL delivered at least thirty (30) days prior to the start of such period The provisions of the foregoing sentence shall not apply to W Committed Capacity Test required by FPL tmderany of the provisions of this Contract. FPL shall have the right to be present onsite to tnonitoc Catunitted Capacity Test requited orpermitted under this Contract, 51 Committed Capacity Test results shall be based on a test period of twenty-four (24) consecutive hours. (the "Committed Qapacity Test Period's at the highest sustained net KW rating at which the Facility can operate without exceeding the design operating t ottS ,.temperdture> pressures, and other parameters refired by the applicable manufacturer(s) for steady-state operations at the Facility,: i Qtis:a REF the Committed Capacity Test shall be conducted utiliairg as the sole fuel source fuels or energy sources included in the'. definition in Section 366,91, Florida Statutos, The Committed Capacity Test Period shall commence at the time designated by the Q9, pursuant to Section 6.1 or at such other time requested by FPL pursuant to Section 5.3 provided, however, that the Committed Capacity Test: Period my commence earlier than such time in the event that FPI: is notified of, and consents to, such earliertime. 6.3 For the avoidance of doubt normal station service use of unit auxiliaries, including, withoutlimitation, cooling towers, heat, exchangers, and other equipment required by law, shall be in service during the Committed Capacity Test Period Further, the QS shall affect; . deliveries of any quantity and quality of contracted cogenerated steam to the steam host during the Conmritted Capacity Test Period. 6.4 The capacity of the Facility shall be the'avarage net capacity (generator ouWArd tus. auxiliary) measured over the Committed,. Clapadty Ted Period 6,5 The Committed opacity Test shall be performed accot&gtopmdent industry testing procedures satisfaci"off tR; l4 jl : wnFrisiatechnology of die t ',. 6,6 Except as otherwise provided herein, results of any Committed Capacity Test shall be submitted to FPL by the QS withinseven. (7) daysof the conclusion of the Committed CapacityTest. 7. Payment for Ele ym W*WProdttced by the Facility 7,1 , FPL agrees to pay the QS for erYstgy"js#oditceti`by the' =" _ " oto gecordance with the rates and procedures contained in FPL's approved Rate Sche AAed hereto as A A,, imy be amended from time to time and pursuant to the election of energy payment options as spewed in APP°e Parties agree that this Contract shall be subject to all of the provisions contained in Rate Schedule QS -2 as approved and the FPSC. 72 Firm Capacity FPL agrees to pay the QS .far• the firm capacity described in Section 5 in accordance with the rates and procedures contained in Rate Schedule QS -2, attached.hereto as Appendix A, as it may be amended and approved from time to time by the FPSC, and pun, uant to the election of a capacity payment option as specified in Appendix E. The QS understands and agrees that capacity payments will be made raider the early capacity payment options only if the QS has: achieved the Capacity Delivery Date and is delivering firm capacity and energy to FPL. Once elected by the QS, the capacity payment option cannot be changed during the term: of this Contract. 7.3 Payments Payments dire the QS will be made monthly and normally by the twentieth business day following the end of the billing period A statement of the kilowatt-hours sold by the QS and the applicable avoided energy rate at which payments are being made shall. accompanythe'payment to the QS (Continued on Sheet o + 415); Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: June 9,2020 3-13 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 13 F71,011MA POWF,R & LIGHT COMPA (Continued from Sheet;,)Wg 6 8. EleelrloltyProduction and Plant Maintenance Schedule Attachment A Page 8 of 42 Second Revised Shcd3 Xw 4:1338', Cancels:E6x�k,Shr�l�t► •. 8.1 During the term of his` Contract, no later'dw sixty (60) days prior to the Capacity. Delivery Date and prior to April I of each calendar year thereafter, the QS shall submit to FPL in writing a detailed plan of: (a) the amount of &incapacity and energy to be generated by the Facility and delivered tc the Delivery Point for each month of the following calendar year, and (b) the time, duration and magnitude of any scheduled maintenance period(s) and any anticipated reductions.Awpacity. &2 By October 31 ofeach calendar year, FPL shall notify QS in writing whether the requested scheduled maintenance periods in the detailed pian are acceptable. if FPL objects to any of the requested scheduled maintenance periods, FPL shall advise the QS of the time period closest ttt the requested;period(s) when the qutage(s) can be scheduled. The QS shall schedule maintenance outages only during, ,Pdi6ds approved by FPL, such approval not unreasonably withheld. Once the schedule for maintenance has been established and approved by FPL,.either Party may request a subsequent change in such schedule and, except when such event is due to Force Majeure, request approval for such change from the other Party, such approval not to be unreasonably withheld or delayed. Scheduled maintenance outag r days shall be limited to seven (7) days per calendar year unless the manufacturer's recommendation of maintenance outage days fix the technology arid equipment used by the Facility exceeds such 7day period, provided, such number of days is considered reasonable by prudent industry standards and does not exceed two (2) fourteen (14) day intervals, one in the Spring and one in the Fall, in any calendar yeat, 'The scheduled maintenance outage days applicable for the QS are days in the Spring and days in the Fall of each calendar` year, providcd the conditions specified in the previous sentence are satisfied, in no event shall maintenance periods be scheduled during the owing patrons; June 1 throttpit and ittoitr hug Odobet � 8l#;sYtd; December 1 tiroutgh and including February 28 (or Z9*as the case rrtajx' 8';3 The lS tthall t wally with reasonable requests by FPL regarding dayAo4Wand houlrrlly-hoar communication between :tom Patties relative to eleetrii* P0460, tali -maintenance scheduling. RA Dispolvil attd.Cttgdnol:. &AI The power supplied by the QS horem'do $hall, be;in the form of three-phase 60 Hertz alternating current, at,a nominal_ operating voltage of d000volts (.-kV) and power factor dispatchable and controllable in -the range of 85% lagging to, 85%leading as measured at the Delivery Point to maintain system operating; parameters, as specified by FPL. 8.4.2A€ II,ti es during the'ttormofthes Contract, the 09 slS fpperate and maintain the Facility (8) in such a:manner as to ensure: :compliance withsihsobligations hereunder, -in accordance with prudent engineering and operating practices and applicable law, and (b) wilt all system protective equipment in setviddWILgrtever the Facility is camiected to, or is operated in parallel, with, FPL's system. The QS shall, install atfhe Facility those systempro�ction and control devices necessary to ensure safe and protected operation of all energized equipment during normal testing and repair. The QS shall have qualified personnel test and calibrate all protective equipment at regular intervals in: accordance with good engineering and operating practices. A unit functional trip test shall be perfoinned after each overhaul of the Facility's, turbine, generator or boilers and the results shall be provided to FPL prior to returning the Facility to service. The specifics of the unit. functional'. trip test will be consistent with good engineering and operating practices. 8 4 3lf'tlie Facility is separated from the FPL system for any reasort, under no circumstances shall the QS reconnect the Facility' 3Ff'L's systemittit#tsaut;fir&t obfairdng FPL's pprir viatten approval. $AADuring the taint of this Contract, the QS shall employ qualified personnel for managing, operating and maintaining the. T ftdy'alYl' #lir coordinating such with FPL. If the Facility has a Committed Capacity greater than 10 MW then, the QS shall ensure that operaipersatutel are on duty at all times; twenty-four (24) hours a calendar day and seven (7) calendar days a week. If the Facility has a t asruratte l Capacity equal to or less than 10 MW then the QS shall ensure that operating personnel are on duty at least eight (8) hours peri. day from 8:AM EST to 5 PM 9 T' from Monday to Friday, with an operator on call at all other hours. $A SIFPL Stair pt"eil times be a ccusek A to its obligation to purchase and receive energy and s;t Wty hereunder; and FPL shall'': have the ability to regtrire the QS to curtail or reduce deliveries of energy, to the extent necessary (a) to maintain the reliability and integrity of any part of FPL's system, (b) in the event that FPL determines that a failure to do so is likely to endanger life or property, or (c) is likely to result in significant disruption ofelectric service to FPL's customers. FPL shall give the QS prior notice, if practicable, of its intent to refuse, curtail or reduce FPL's acceptance of energyand firm capacity, pursuant to this Section and will act to minimize the frequency and duration: of such occurrences: (tiratad'tmrt Sheud)�u bt. Effeetivs: ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 14 VkV- Attachment A Page 9 of 42 gAhAffer providing to the QS, PPL shall not be required to purchase or reedve.energy from the OS during any period in which, due to operational circumstances, the purchase or receipt of such energy would result in FPL's incurring costs greater than those which it world incur if it did not make such purchases. An example of such an occurrence would be a period during which the load being served is such that the generating units on line are base load units operating; at their minimum continuous ratings and the purchase of additional energy would require taking a base load unit off the line and replacing the remaining load served by that unit with peaking -type generation. FPL shall give the QS as much prior notice as practicable of its indent not to purchase or receive energy and firm capacity pursuant to this Section. 8.4.71f the Facility has a Committed Capacity less than 75 MW, control, scheduling and dispatch of firm capacity and energy shall: The the responsibility of the QS, If the Facility has a Committed Capacity greater than or equal to 75 MW, then coWi, wilteduling and. dispatch.of firm capacity and energy shall be the responsibility of the QS, except during a "Dispatch Hour", i.e., mVj*& ftv for whist! FPL requests the delivery of such capacity and energy. During any Dispatch Hour: (a) control of the Facility will 4&r be by Seller's rnanual control under the direction of FPL (whether orally or in writing) or by Automatic Generation Control by FP1,'s .rystem control center, as determined by FPL; and (b) FPL may request that the real power output be at any level up to the Committed Capacity of the Facility,,, provided, in no event shall FPL require the real power output of the Facility to be below the Facility's Minimum Load without decornimitting; the Facility. The Facility shall deliver the capacity and energy requested by FPL wilhin --_minutes, taking into account the operating ,limitations of the generating equipment as specified by the manufacturer, provided such time period specified herein is considered reasonable' 'by prudent industry standards for the technology and equipment being utilized and assuming the Facility is operating; at or above its Minimum Load. Start-up time from Cold Shutdown and Facility Turnaround time from Hot to Hot will be taken into consideration provided such are reasonable and consistent with prudent industry practices for the technology and equipment being utilized. The Facility's Operating Charaoter stics have been provided by the QS and are set forth in Appendix D, Section IV of Rate Schedule QS -2. 8.4:191f'the Facility has a Committed Capacity of less than 75 MW, FPL may require during certain periods, by oral, written; or electronic notification that the QS cause the Facility to reduce output to a'level below the Committed Capacity but not lower than the Fatality*s'Mirimnart Load FPL shall provide as much notice as practicable; normally such notice will be of at least four (4) haunts. The A*#Mcyof such request: shall not exceed eighteen (18) times per calendar year and the duration of each request shall not exceed four (A) hulks,. 8.4.9FP .'s exercise of its rights under this Section 8 shall not give rise to any liability or payment obligation on the part of FPL, ttcltlthng any Bairn for breach of contract or for breach of any covenant of good faith and fair dealing. CompletionfPerformance Security The tYtu%tycnattemplated by this Section 9 constitutes secutiil+f„ hubs not a hmrtahpn vt; QS's Abligat ortitfrY%t mall ." >rmtbes'exciusiveremedy'fJi Q failure to perform in accordance vti�llls Agreement: 9.1 As security for the achievement of the Guaranteed Capacky Delivery Date and satisfactory performance of its obligations hereunder, the QS shall provide FPL either: (a) an unconditional, irrevocable, standby letter :of credits) with an expiration date no earlier than the end of the first (I st) anniversary of the Capacity Delivery Date (or the next business day thereafter), issued by a U.S. commercial bank or the U.S. branch of a foreign bank having a Credit. Rating of A- or higher by S&P or A3 or higher by Moody's (a "Qualified Issuer'). in form and substance acceptable'to FPL incl (including provisions (i) penmttutg partial and full draws and (ii) permitting FPL to draw in full i such letter of credit is not renewed or replaced as required by the terms hereof at least thirty (30) business days prior to its expiration date] "Letter of Credit'); (b) a bond, issued by a financially sound Company acceptable to FPL and in a form and substance acceptable to FPI,, a cash collateral deposited with FPL ("Cash Collateral') (any of (a), (b) or{4 ft "Cornpletion(Performance Seeur# , Complefion4lafiamarice Security shall be provided in the amount and by the date listed be1w. S$0,00 per lout (err -the number ofkV of. Oottmtitted Capacityset forth in Sat>ltow" ta.bedelivered to: PPL within i the ? �s;d ttftbe EdrveDate; and (b),$iom peeriw (for'the number oft' Committed Capacity set forth in S'eet#m'9:l be delivered to'FPL two years before the Guaranrteed`Capacity Delivery Date, "Credit Rating" means with respect to arty entity, on any date of determination, the respective ratings then asst yrilty's tuusectured, senior long-term debt or deposit obligations (not supported by third party credit enhancement) by S&P, Moody'. ed ,rating agency or agencies or if such entity does not have a rating for its unsecured, senior long -teat debt or deposit otingations the rating assigned to such entity as its "corporate credit rating" by S&P.. Issued by: Effective: ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 15 (Continued from Sheetl±tlt,M) Attachment A Page 10 of 42 Mnth Revised Sheet Caneeb Eighth Revised Sheet "Mog&V means Moody's Investors Service„ Inc .or its successor. "S&P" means Standard & Poois Ratings Groin (a# kdion of The McGraw-Hill Companies, Inc.) or its sucoemor. 12 Ylte specific security instnrment.prt>egl,, WOU poses oftlus () Letter ztfGnedit: t;) i*,ash CoDsttsal. 93 VL shall have do right to monitor t a)`fhe 5ltancial condition ofthe issuer of a Letter cif Credit in the event any Letter of Credit is provided` the QS, and (h) the insurer, in the case of any Bond. In event the issuer of a Letter of Credit no longer qualifies as Qualified Issuer or the issuer of a HoW is no longer financially sound, FPL may require the QS to replace the Letter of Credit or the Bond, as' applicable. Such replacement Letter of Credit or bond must be issued by Qualified Issuer or afinancially sound issues, as applicable, within: tea (10) business days following written notification to the QS of the requirement to replace. Failure by the QS to comply with the: requirements of this Section 9.3 shall be grounds for FPL to draw'it> ,Hitt 90 the existing Leiier ggtedit q bond and to exercise any other, remedies it may have hereunder, 9.4 Notwithstanding the foregoing; provisions of this Sec*x 4. pzxxtnttv YPSCUe 25,17:091(4), F:A.C., a 'QS qualifying as a "Solid Waste Facility Purstts �¢ iia 709(3) or. ely, ritayusoanunsecured written commitment or promise to pay in a form reasonably acceptabl$ to'1 9ne local gov the Facility er on whose behalf the QS operates the Facility, to secure its obligation to achieve on a timely basis the Capacity Delivery Date and flte;satisfactory performance of its Oligations;hereunder, 9 S FPL sNa$ ettfbled to •haw tfye Corti}iletltm/Perforrttortcd° SecuYity"to satrsi' any vbligrit ch or liabilityot`%, arising pitrsnant tn:this Contract, 9.541 lithe QS fails to achieve the Capacity Delivery Date on or before the in-service date of the Avoided Unit Or such later Ate as permitted by FPL pursuant to Section 5. 6, FPL shall be entitled immediately to receive, draw upon, or retain, as the case may be, one - hundred (100,14) ofthe Completion/ Performance Security as liquidated damages free from any claim or right of any nature whatsoever ofthe QS, including any equity or tight of redemption by the QS. The Parties acknowledge that the injury that FPL will suffer as a result of delayed milability of Committed Capacity and energy is difficult to ascertain and that FPL may accept such aums,as liquidated damages and resort tpiogftremedies wbi*rtlay,,4vailabletoitunder, :IWorinequity. 941 btAW O M thK FPL requires theOft"to Committed Capacity Test(s) At ; . O6A, the firstartmtireixa;ybfrhe doacity Delivery Date pursuant to Section 5.3 and,in wrinection with any such Committed Capacity Testis), tl"x QS fails to demonstrate a Capacity of at least: one -hundred percent (I 009(s) of the Committed Capacity set forth in Section 5. 1, FPL shall be entitled immediately to receive, draw upon, or retain, as the case may be, one -hundred percent (100%) of the Completion/Performance Security as liquidated damages free from any. claim or right of any nature whatsoever of the QS, including any equity or right of redemption by the QS. ().53 QS shall promptly, but in no event more than five (5) business days followin& the Completion/Performance; Security; kolenish the Completion/Performance Security to the amounts required herein. 9;6 The QS, as the Pledgor of the Completion/Performance Security, hereby pledges to FPL, as the secured Party, as: security Por the achievement ofthe Capacity Delivery Date and; satisfactory performance of its obligations hereunder, and grants to FPL a.firstpriority continuing security interest in, lien on and right of set-off against all Completicri/Performance Security transferred to or received by FPL; hereunder. Upon the transfer or return by FPL to the QS of Completion/Performance Security, the security interest and lien granted "hereunder on that Completion/Performance Security will be released immediately and, to the extent possible, without any further action by ether patty. !Continued on SheetALO .............._._............. Issued by: Tiffany Cohen, ] Effective: June 5, 2018 /3'N, ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 16 Attachment A Page 11 of 42 First A �t�ltti# aneels titalY1b ritl# 9 � In €��'z1?ti other amoui>is paid'�t deems te9� bti paid with respect to Caslt�l iij byFlrLt o1`wirichrrmybeietainedhy.Fl ,. wt)litransferio#hsQiSetlamonthlybailsthe t'inoiint ascalctdate l7 F I. "Interest:Antount"means, with respect to eUhmontblyperlod, the: aggregate sum of the amounts of interest calculated for each day in that meffMy period on the principal amount of Cash; Collateral held by FPL on that day, detemnned by FPL for each such dayas follows:` tha:a noantof fl OshCollateral on that day; multiplied by { ) the Interest Rate in <:eirect for that day; divided by(z) 3.60. "InterestRate" means: tete F Herat Funds Qvemightrate as from time to timetift eded, "Federal Finds Overnight Bate"means'for the relevant determinatiat, dak4w, trite opposite the; caption "Federal Funds (Effective)" as set fcitit fd'that day in the weekly statistical release" ' "` od as H15 (3191 or any successor publication, published by the BoardofGiwemorsof, the Federal Reserve System. if on tiietennirtation date such rate is not yet published in 11.15. (519), the rate fbr that date will be the rate set in Composite 3:30 PAL Otariaftons for U.S. Government: Securities for that day under the caption "Federal Funds/.Effective Rate," If on the detemutt� A such rate is_notyet published in either H.15 (5i4j buComposite 350.'P. M. Quotations for U.S, Government Securities, the -tate for that date will be determined as if the Parties had specified"UM-Federal Fu" -Reference Dealers" as the applicablerate. iii Termination Fee 10.1 ,Aft*verd that tho'Qg-reodves capacity payirtents pursuant to Caption B, E)pticdt C, Optidti D of Option E (tis sdGb options are defined in Appendix A and elected by the QS in Appendix F) or receives energy payments pursuant to the Fixed Firm Energy I'ayrnent Option (as such option is defined in Appendix and elected by the QS in Appendix F..)'then, upon the tennination of this Contract; the QS shall owe and be liable to FPL for a termination fee calculated in accordance with Appendix C (the "termination Fee's. Tile QS's' obligation to pay the Termination Fee shall surVive the termination of this Contract. FPL shall provide the QS, on a monthly basis, a alVidafitnt ofthe.Temunatitai Fee. 101J. The Termination Fee shall bo.secured (with the exception of goverr=mtal soul waste.facr7ities covered by -4. Z-17.091 in which case the QS may use an unsecured written commitment or promise to pay, in afeim reasonably accep. by the IoW goverunent which owns. the Facility or ott,Whose behalf the QS operates the Facility, to secure its obligation top t ia8ti4tunation Fee) by the QS by: (a) an unconditi onal, irrevocable, standby letter(s) of credit issued by Qualified Issuer in form and subs vvmWtdble to FPL (liodum ding provisions (a) pentting partial and full draws and (b) permitting FPL to draw upon such letter of credit, i ft -ah letter.. of credit is not renewed or replaced at least thirty (30) business days prior to its expiration date, (°femrination Fee Letter ; (b) a bond, issued by a financially sound Company and in a form and substance acceptable to FPL, CTermination Fee BoaMm,00, a cash, Collateral deposit witl}l RL ("fe rilination Fee Cash Collateral') (any Qf_a bj, or (c), rife ermination Security"j. lall-rhe sped fie security instrumentselected by the Q3 for purposes of this Contract is: C. ��errnination Fee Letter of Credit ( )Tenrrination Fee Bind' )Teem&"onFeeCashCollateral 10.1 FPL shall hW0 tlie,l light 16 monitor the financial eonditimftj the issuer of a Termination Fee Letter of Credit in the'. case of arry T'etrnination Fee Letaer of Credit and (ii) the insurer(s), in the:case.d.any Termination Fee Bond In the: event the issuer of a: Termination Fee Letter 4-1G twit longer a Qualified Issuer or the issuer of aTerniination Fee Bond is:nolonger financially sound, FPL may require the QS ta:Apl -011 the Termination Fee Letter of Creditor the Termination Fee Bond, as applicable. In the event that FPL; notifies the QS tha -ft-requires such a replacement, the replacementTemrination Fee Letter of Creditor Termination Fee Bond, as applicable;, must be issued by a Qualified Issuer or financially sound company within ten (10) business days following such notification. Failure by the. ,4,QS,Jb comply with the requirements of this Section 10. 1.2 shall he grounds- for FPL to draw in full on arty existing Termination Fee Letter Of Credit or Ternunation Fee Bond and to exercise any odder remedies it my have hereunder. Issued mrd& ** T ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 17 Attachment A Page 12 of 42 First Revised Sheet No. 9.039 FLORIDA POWER,& LIGHT COMPANY Cancels Original Sheet No.. 9.039 (Continued from Sheet No.4fAM 1,0:1.4 After the close of each calendar quarter (March 31, June 30, September 30, and December 31) occurring subsequent to: the Capacity Delivery ]late, the QS: shall provide to FPL within ten (10) business days of the close of such calendar quarter with written. assurance and documentation (the "Security Documentation), in form and substance acceptable to FPL, that the amount of the most recently provided Termination Securityis.suflicient to cover the balance of the Termination Fee. In addition to the foregoing; at anytime dating the: term of this Contract, FPL shall have the right to request, and the QS shall be obligated to deliver within five (5) business days of such. ,teque<st, such Security Documentation. Failure by the QS to comply with the requirements of this Section 10. 1.3 shall be grounds for FPL to draw in fall on any existing Termination Fee Letter of Credit or Termination Fee Bond or to retain any Termination Fee Cash Collateral,: and to exercise any other remedies it may have hereunder to be applied against any Temtination'Fee that may due and owing to FPL or that S*yin the fature be dile and pvymg'to I PI;, 1 b t,5 Upon arty termination of this Contract 1bllov ft the Ci0& lVM1t"uety Date, FPL shall be entitled to receive (and in the V* offt-T44nination Fee Letter of Credit or Termination Fee Bond, draw upon such Termination Fee Letter of Credit or Termination F## 9 4 i and retain one. hundred percent (100%) of the Termination Security to be applied against any Terminatian Fee that may be due ani owmg to FPL or that may in the future be due and owing to FPL. FPL will transfer: to the QS any proc4 '*'1 Termination Securit$w 'remaining after liquidation, set-off and/or application under this Article after satisfaction in full of all dyable by the QS with respect to any Termination Fee or other obligations due to FPL; the QS in all events will remain liable is remaining`uupait any liquridati%4 o0*117and/or application under this Article. 10.2 The QS, as the Pledgor of the Termination Security, hereby pledges to FPL, as the secured Party, as secuuity for the: Termination Fee, and grants to FPL a first priority continuing security interest in, lien on and right of set-off against all Termination Secmuityi #tamferred to or received by FPL hereunder. Upon the transfer or return by FPL to:the QS ofT.ermination Security, the security interest and; 11 Itgmtifed hereunder on that Termination Security will be released immediateJy arid, to the extent Possible.; Without any further action by eitfiet'gc 103 In lieu of any inl�re dividends or other amounts paid or deemed tahave been paid with respect to TerminationYee Cash Cd lateral HOW byFPL (all of which may be retarded byFPi) PL will transfer td t1d:Q5.on a monthly basis the Interest Amount; Pursuant to Section 9.7. 11, Performance Factor FPL desires to provide an incentive to the QS to operate the Facility during on -peak and off-peak periods in a manner which, approximates the projected performance of FPL's Avoided Unit. A formula to achieve this objective is attached as Appendix B. (Contirmdon Sheet No: 9.040) �Yi'extive 'S`Cp11;+iG ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 18 Attachment A Page 13 of 42 Fourth Revised Sheet No. 9.040 FLORIDA POWER & LIGM COMPAI+4', Cancels Third Revised Sheet No. 9.040 (Continued from Sheet No: 12. Default Notwithstanding the occurrence of any Force Majeure as described in Section 16, each of the following shall constitute an Event of Default: ILI'nwo,fails to:meet the applicable requirements specified in Section I of this Contract.; 12 T ta:t changes or modifies the Facility from that provided in Section 1 with respect to its type, location, 'technology or fuel so(Ift, without prior written approval, from. FPL.; iZ:J After the Capacity Delivery Date, the Facility fails, for twelve;X1�) o ci*Ve Months, to maintain an Annual;papjty tilling; Factor, as described in Appendix B, of at least 70%.; Ca 12:4 The QS fails to:comply with any of the provisions of Section;9.0 hereof ompletiordPerformance Sects t '. 12.S'-ftilstoeoi ywith:atgr 1he;Provisionsofseatiott:l 12,'fl The'QS ceases the conduct of active busirmss; or if proceedings under the federal bankruptcy law or insolvency laws shall be instituted by or for or against the QS or if a receiver shall be appointed for the QS or any of its assets or properties; or if any part of the QS's assets shall be attached, levied upon, encumbered, pledged, sei7cd or taken under, any judicial process, and such proceedings shall not lie vacated or My stayed within 30 days thereof; or if the QS shall make an assignment for the benefit of creditors, or admitin writing its inability to pay its debts as they become due. 12.7 The QS`fails to give proper assurance acceptable to FPL of adequate performance as specified under this Contract within 30' days after FPL, with reasonable. groundsfor insecurity, has requested in writing such wurance-. 118 71* QS' tlkWolly faild.to; 0t -.as specified under Q iitciuding, but ri6t*(IW tl , tWQS's obligations under'. arty part ofSeeiiot s $, arts -1$. 12,$TEra Q ",to achieve the pemtitting, licensing; certification, and all federal, state and local governmental environmental and iieen§iig approvals required to initiate construction ofthe Facilityby o later than one year prior to Guaranteed Capacity Date. U.,10711e QS fails to comply with any of the p"*.*, f ,Seo6ptt 1;8.3 Ftereof(Project Management). 12.11 Any of the representations or wamvu es made *,,I to QSintfa`sbattract is false or misleading in any material respect. Al2 Thezecvmnce ofan event of defuiltby.the t under the. Interconnection Agreement or any applicable Wheeling Agreement;' 12.13 Tile QS fails to satisfy its obligations under SecftJ#., .4 hereof (Assignment). A1,01 The QS fails to,deliver to FPL in accordance with this Contract any energy or firm capacity, ` Wounder or the.def very orsale of any such energy and firm capacity to an.entityother tharti. : 12:f�'1liat S to:lrerform:any material coveigdor. obligation under thisContract,rat'specifticilymeniiowdinthusSection 12, it, 161f e€ a , ... e a �acity Delivery.Y3$te, fliE (2S 'ihie Committed Capacity due to an event of Force Majeure and fails to repair the Facitily and reset the Committed Capa*t to the level set forth in Section 5.1 (as such level may be reduced by Section 5.3) within;twelve (12) months following the occurrence of such event of Force Majeure: �e,ttlit._ 1Ri�f±{li Issued by: S. r;. Romig, Director,1"Wo"Tolm Effective: September IX2. 6 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 19 Attachment A Page 14 of 42 First Revised Sheet No. 9.041 FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.041 (Continued from. Sheet No. 9.040) 13. FPL's Rights In the Event of Default 13.1 Upon the occurrence of any of the Events of Default in Section 12; FPL may: (a) terminate this Contract, without penalty or further obligation, except ae set forth in Section 13.2, by written notice to the QS, and offset against any payment(s)due from FPL to the QS, any monies otherwise due from the QS to FPL; (b) draw an Conipletion/Performance Security pursuant to Section 9 o collect the Termination Fee pursuant to Section 10 as applicable, and (c) exercise any other remedy(ies) wMchmay be available to FPL at law or in equity. 13.2 In the case of an Event of Default, the QS recognizes that any remedy at law may be inadequate because thie Contract is unique and/or because the actual damages of FPL may be difficult to reasonably ascertain. Therefore, the QS agrees that FPL shall be entitled to pursue an action for specific performance, and the QS waives all ofits rights to assert as a defense to such action that FPL's remedy at law is adequate. 13.3 Termination shall not affect the liability of either party for obligations arising prior to such termination or for damages, if any, resulting from any breach ofthus Contract. 14. I n d em a it c a t i on /L i m f is 14.1 FPL and the QS shall each be responsible for its own facilities. FPL and the QS shall each be responsible for ensuring adequate safeguards for other FPL, customers, FPL's and the QS's personnel and equipment, and for the protection of its own generating system. Subject to section 2.7 Indemnity to Company, or section 2.71 Indemnity to Company - Governmental, FPL's General Rules and Regulations of Tariff Sheet No.6.020 each party (the "Indemnifying Party') agrees, to the extent permitted by applicable law, to indemnity, pay; defend, and hold harmless the other party (the "Indemnitying Party') and its officers, directors, employees, agents and contractors (hereinafter called respectively, "FPL Entities" and "QS Entities') from and against any mid all claims, demands, costs, or expenses for less, damage, or injury to persons or property of the hidemrufied Party (or to third parties) caused by, arising out of, or resulting from: (a) a breach by the Indemnifying Party of its covenants, representations, mid warranties or obligations hereunder, (b) any act or omission by the Indemnifying Party or its contractors, agents, servants or employees in connection with the installation or operation of its generation system or the operation thereof in connection with the other Perry's system; (c) any defect in, failure of, or fault related to, the Indemnifying Party's generation system; (d) the negligence or willful misconduct of the Indemnifying Party or its contractors, agents, servants or employees; or (e) any other evert, act or incident, including the transmission and use of electricity, that is the result of, or proximately caused by, the Indemnifying Party or its contractors, agents, servants or employees. 14.2 Payment by an Indemnified Party will not be a condition precedent to the obligations of the Indemiufying Party under Section 14; No Indemnified Party ander Section 14 shall settle any claim for which it claims indemnification hereunder without first allowiiig the Indemnifying Party the right to defend such a claim. The Indemnifying Party shall have no obligations under Section 14 in the evert of a breech of the foregoing sentence by the Indemnified Party. Section 14 shall survive termination ofthiv Agreement. 14.3 Limitation on Consequential, Incidental and Indirect Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE QS NOR FPL, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS, PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS, PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS, SHALL. BE LIABLE TO THE OTHER PARTY OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, F,MPL.OYEFS, MEMBERS, PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS, FOR CLAIMS, SUITS, ACTIONS OR CAUSES OF ACTION FOR INCIDENTAL, INDIRECT, SPECIAL., PUNITIVE, MULTIPLE OR CONSEQUENTIAL. DAMAGES CONNECTED WITH OR RESULTING FROM PERFORMANCE OR NON-PERFORMANCE OF THIS CONTRACT, OR ANY ACTIONS UNDERTAKEN IN CONNECTION WITH OR RELATED TO THIS CONTRACT, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES WHICH ARE BASED UPON CAUSES OF ACTION FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), BREACH OF WARRANTY, STRICT LIABILITY, STATUTE, OPERATION OF LAW, UNDER ANY INDEMNTITY PROVISION OR ANY OTHER THEORY OF RECOVERY. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, THAT OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT, AND THAT THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF 'THE ANTICIPATED HARM OR LOSS. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR'S LIABILITY SMALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL BE THE SOLE AND EXCLUSIVE. MEASURE, OF DAMAGES AND (Continued on Sheet No. 9.042) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 20 Attachment A Page 15 of 42 Third. Revised SheetNdJM . FLORIDAPOWE[ A0311TCOWANI' aA I Sa pJ eYiscdSheet. .......... (Continued from SheetW9A0) AMariHER REMEDIES OR DAMAGES AT LAW OR INEQUITY Ai€EEa, PROVIDED, HOWEVER THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS WILL NOT IN ANY WAY LIMIT�ILITY OR DAMAGES UNDER ANY THIRD PARTY CLAIMS OR THE LIABILITY OF A PARTY WHOSE ACTIONS GIVING RISE I SUCH LIABILITY CONSTITUTE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE PROVISIONS OF THIS SECTION SHALL LY REGARDLESS OF FAULT AND SHALL SURVIVE `REIlMINATION, CANCELLATION, SUSPENSION, COMPLETION OR EXPUM.IOhi OF THIS CONTRACT. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE DEEMED TQ BEA W.t11VER OF A PARTY'S 1tlt� Tr;SFK Ili ttlJi±ICTIVE RELIEF. 13. Tl 151 7710 Q3 shall procure or cath to be procured, and shall maintain throughout the entire term of this Contract a policy or, policies of liability insurance issued by an usurer acceptable to FPL on a standard "Insurance Services Office" commercial general liability form (such policy or policies, collectively, the "QS Insurance'). A certificate of insurance shall be delivered to FPL at least fifteen (15), calendar days prior to the start of any interconnection work. At a minimum, the QS Insurance shall contain (a) an endorsement providing coverage, including products liability/completed operations coverage for the term of this Contract' and (b) a broad form contractual liability endorsement covering liabilities (i) which might arise under, or in the performance or nonperformance of; this Contractand the Interconnection Agreement, or (ii) caused by operation of the Facility or any of the QS's equipment or by the QS's failure to maintain the Facility or the QS's equipment in satisfactory andsafe operating condition. Effective at least fifteen (15) calendar days prior to the synchronization of the Facility with FPL's,system, the QS Insurance shall be amended to include coverage for interruption or curtailment of POW" supply in accordance with industry standards. Without limiting the foregoing; the QS Insurance must be reasonably acceptable to, HPI.. !premium assessment or deductible shall be for the account of the QS and.notFPL, 1 .7 7W,t*S Insurance shall have avogmipa"of€nae s�IronA0llat's 01,000,000) per occurrence, and two million dollars Qq,%00f go*ined aggregate limit, for baaily irdwyftfiltfulg dea&) or pmpettl damage. 15.5 In the evert that such insurance becomes totally unavailable or procurement thereof becomes commercially impracticable, -such unavailability shall not constitute an Event of Default under3his Contract, but FPL and the QS shall enter into negotiations to develop substitute protection which the Parties in their reasonable judgment deem adequate, SIA To the extent that the QS Insurance is on a "claims made"basis, the retroactive date of the;policy(ies) shall be the effective: date of this"Contract or such other date astray be agreed upon to protect the interests of the FPL Entities and the QS Entities. Furthermore, to the extert the QS Insurance is on a "claims rade" basis, the QS's duty to provide insurance cover le IQall survive the termination of this Contract until rho expit'ation..of dtemaximum statutory period of limitations in the State of Florida t2 p-�,tms based in contract or in tort. To. the extent the Q$°f ttpe iB psi en "occurrence- balls, such insurance shall be maintained effect ii yjuiies by the QS clueing the term of this Contract. 41M t S bye shad provide"that it may not be cancelled.or materially altered:without dleast thirty (30) calendar days, Ott F,PU, "09S shall provide FPL with a copy of any material comrmrtication or notice related to the QS Insurance within ten., (I0j 1 ti&ss te+ cet 'a receipt or issuancethereof 1,5:6 The QS' shall'be designated as the named insured slid FPL shall be designated as an additional named insured under the Q hlstt%W, The QS Insurance shall be endorsed to be primary to any coverage maintained byFPL IG Force Majeure Force. Majeure is defined as an event or circumstance that is not within the reasonable control of; cc the result of the negligence off„ the affected party, and which, by the exercise of due diligence, the affected party is unable to overcome, avoid, or cause to be avoided in v commercially reasonable manner. Such events or circumstances may include, but are not limited to, acts of God, war, riot or insrrrectidrtr: blockades, embargoes; sabotage, epidemics, explosions and fires not originating in the Facility or caused by its operation, hurricanes, floods, strikes, lockouts or other labor disputes, difficulties (not causedbythe failure ofthe affected party to comply with the terms of a collective, bargaining agreement), or actions or restraints by court order or governmental authority or arbitration award Force Majeure shall not include,; (a) the QS's ability to sell capacity and energy to another market at a more advantageous price; (b) equipment breakdown or inability to, equipment caused by its design, construction, operation, maintenance or inability to meet regulatory standards, or otherwise caused, event originating inthe Facility; (c)) n failure o£perforrtrartce ofarry other entity, including any entity Prov Belectric transma to the QS, except to the extent that such failure was caused by an event that would otherwise qualify as a FNWMajeure event; =5 the QS to timely apply for or obtainpermits. (CmitiiruedortSheett! OPQ Issued by: Tiffany Cohen, Senior Director, Regulatory Rates, Cost of Service and Svstems Effective: June 7, 2022 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 21 FLORM POW.IR 4, LIGHT COMPANY Attachment A Page 16 of 42 First Revised Sheet No. 9.043 Cancels Original Sheet No. 9.043 (Continued from Sheet No.,95 4):: 161 ,111iaaept as otherwise provided in t ortiract each party shattlt4 $thYC woe'-Vdl tl, is nonperformance was caused, directly or indirectly by an event of Force Majeure. 16.2 In the event of any delay nonperformance resulting from an event of Force Majeure, the party claiming Force Majeure shall `#attic, the other party in writing within two (2) business days of the occurrence of the event of Force Majeure, of the nature, cause, date of eommencement thereof and the anticipated extent of such delay, and shall indicate whether any deadlines or date(s), imposed hereunder may 'be affected thereby. The suspension of performance shall be of no greater scope and of no greater duration than the cure for the Force Majeure requires. A party elainung Face Majeure shall not be entitled to any relief therefore unless and until cotfomr8ng notice is provided. The party claiming Force Majeure shall notify the other party of the cessation of the event of Force Majeure or of the conclusion of the affected party's cute fi tt-thea-;o0oroeItilajewe in either case within two (2) business days thereof. '16.3 The party claiming Force Majeure shall use its best efforts to cure the cause(s) preventing its performance of this Contract;. vvivided,.lwwever, the settlement of strikes, lockouts and other labor disputes shall be entirely within the discretion of the affected partyi. and StIch'party shall not be required to settle such strikes, lockouts or other labor disputes by acceding to demands which such party deems to, 'tietrrifavorable: 16.4 If the QS suffers an occurrence of an event of Force Majeure that reduces the generating capability of the Facility below the Committed Capacity, the QS may, upon notice to FPL, temporarily adjust the Committed Capacity as provided in Sections 16.5• and 16.6. Sitch adjustment shall be effective the first calendar day immediately following FPL's receipt of the notice or such later date as may be specifiedby, the QS: Furthermore, such adjustment shall be the minimum amount necessitated by the event of Force Majeure, '16.5 If the Facility 3srendered completely inoperative as a restilt of Force Majeure, tfie §8 s -temporarily set the Committed Crrgad r'erpual to 0 RW until such time as the Facility can partially or fully.operate at the Commttted Capacity that existed prior to the Force Majt If the Comnttutred Capaatyas 0 itVYt, li?l!atl:haue no obligation ta: 9epaety.pstytneta&.1}e, 1Cr 6 If, at arty Brite tfmittngdme ot�tvtence uf'ait evantof Force Majeue"or durirrg its dire, the Factlit rian'partiaty't�l% tip rah;. titmt ll* QS "I temporarily set the Comnatted Capacity at the maximum capability that the Facility can reasonably be expected to operate. C '71.1pon the cessation of the event of Face Majeure or the conclusionof the cure for the event ofForce,Majeure, the Corrnmtted Capacity shall be restored to the Committed Capacity that existed immediately prior to the Force Majeure. Notwithstanding any other provision of this Contract, upon such cessation or cure, FPL shall havetheright to require a Committed Capacity Test to demonstrate the Facility's compliance with the requirements of this section I&I Airy Committed; Capacity Ie .ts gdured by FPL under this Section shall be additional to any Committed Capacity Test udder Section 5,3; 1;5 t �, the occa s ofan't vent of Force7Aajeure and a reduetion'in 6 mrritted Capacity under Section ft * &Montiuy Capacity Payments shall refled. pro -rata, the reduction in Committed Capacity, and the Monthly Capacity Payments will continue to be calctflated in'acx oderl a v?r i the pay,„fitrt parfomance provisions in Appendix B. ,16.9 The QS agrees to be responsible for and pay the costs necessary to reactivate the Facility and/or the interconnection with i P stem if thesameis (are) rendered inoperable due to actions of the QS, its agents, or Force Majeure evens affecting the QS, the f1' Ar the interconnection with FPL. FPL agrees to reactivate, at its own cost, the interconnection with the Facility in circumstances V*ftluty''lntemgrtions to suchintercorineclions are caused by FPL o its agents. 1 liepresematious, Warranties, and Covenants of QS Tit QS.tepte..sents and warrants thpt as of the 49990ye Ilaie and fdrr the tetnt orttttiFi~' 171qil io 4 S***, rad lW” The QS is & :(WIP—tio%pazfiidtft Or outer, as applicable) My organized and validly existing in good, standing: under the laws=ot', and has all necessary power and authority to carry or its business as presently conducted, to own or hold under lease its properties and to enter into and perform its obligations under this Contract and all other related documents and, agreements to which it is or shall be a Party, The QS is duly qualified or licensed to do business in:.the State of Florida and in other Jurisdictions wherein the nature of its business and operations or the character of the properties owned or leased by it intakes such qualification or licensing necessary and where the failure to be so qualified or licensed would impair its ability to perform its obligations under this Contract or would result in a material liability to or would have a material adverse effect on FPL. (Continued on Sheet No. 9.044) Issued by: S. F Romig, -Director, Rates and Tariffs E feetive: Augu* *4 l9 15'22 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE22 FWPJPA POWUL 4, UGHT COMrM—,Y (Continued from Sheet No. 000: 1'7,1.PWAUOU)rintior4,NoAppr(yvals, No Defoults, etc, Attachment A Page 17 of 42 Second Revised Sheet No. 9.044 Cancels Fint Sheet No. 9.044 Each otthe execution, delivery and performiance by the QS of this Contract has been duly authorized by all necessary action on the part of the QS, does not require any approval, except as has been heretofore obtained, of the _(shareholdem partners, or others, as. applicable) of the QS or any consent of or approval from any trustee, lessor or holder of any indebtedness or other obligation of the QS, except for such as have been duly obtained, and does not contravene or constitute a default under any law,11w (articles of incorporatiort, bylaws, or other as applicable) of the QS, or any agreement judgment injimetion, order, decree or other instrument binding upon the QS, or subject the Facility or any compment part thereof to arty hen other than as contemplated or permitted by this Contract This Contract constitutes QSs legal, valid and binding obligation, enforceable against it in accordance with, the terms hereo& except as such enforceability may be limited by applicable bankruptcy laws frorn time to time in effect that affect cre&tmy' �rightsger�etWlyor,byg-eW.WirsApl-of'ooilyo dmofw or gar hedw such a*j0mq0 considered ineqtu �ait law). 17.5'CoMplidtift with Laws The QS has knowledge of all laws and business practices that must be followed in perforniingits obligations under this Coritrad The Q$ -is in compliance with all laws, except to the extent that More to comply therewith would not, in the aggregate, have a material. adverse effeot w the QSvX,EPJ.I ITA15overturmtal Approvals Except as expressly contemplated herein, neither the execution and delivery by the QS ofthis Contract nor the consummation I* the QS of any ofthe transactions contemplated thereby, requires the consent or approval of, the giving ofnotice to, the registration witk the, recording or filing of any document with, or the taking of any other action in respect ofgovernmental authority; except in respect of peftr* (a) which have already been obtained and are in fill force andeffect or (b) are not yet required (and with respect to which file QS has W reason to believe that the same will not be readily obtainable in the ordinary course ofbusiness upon due application therefore). 17,$..Wo Suits, Proceedings Thertare, no action% suits, proceedings or investigations pending or, to the knowledge of the QS, threatened against it atlaw or 4 ,equity before any court or tribunal of the United States or any other jurisdiction which individually or in the aggregate could result in any ;materially adverse effect on the QS's business, properties, or assets or its condition, financial or otherwise, or in any impairment ofits ability to perform its obligations under this Contract. The QS has no knowledge of a violation or default with respect to any law which could res*, m,any such materially adverse effect or impairment. The QS is not in breach ot in default under, or in violation oi� any applicable Law, or 0 isions of any authorization, or in breach ot in default under, or in violation oC or in conflict with any provision of any promissory, , aVm note, indenture or any evidence of indebtedness or security therefore, lease, contract or other agreement by which it is bound, except for any such breaches, defaults, violations or conflicts which, individually or in the aggregate, could not reasonably be expected to have a material adverse effixitAmthe business or financial condition ofBWer ox-itsability:o perflanti,its obligations hereunder. 171 Environmental.Matbers 114.1 QS Representations, To the best of its knowledge after diligent inquiry, the QS knows of no�(a) existing violations of any environmental laws at the, Pacility, including those governing ha zardous materials or (b) pending, ongoing, or unresolved administrative or enforcement invesfigations� compliance orders, cWnis, demands, actions, or other litigation brought by govemenial. authorities cc other third parties allegiiig violationit.. of any awhortmerdal low or pennit which would materially and adversely affect the operation of theTacility as contemplated by this Contract 1,743 Qwnersbip and Offaing For Sale OfRenewable Energy Attributes The QS M— -Y and allfight& 0 own and to sell any and all environmental attributes associated with the electric generation of 'the Facility, including bat not lirnited.*,.miy and all renewable energy certificates, "green tap" or other tradable environmental interests (oollectively "RE Cs"), ofany description; (CW*4 on SbeO N9�49,Q45) .Issued by: S. F. Romig, Director,.Rates andTAM Effective: August 18,2009 074 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 23 Attachment A Page 18 of 42 Fourth Revised Sheet No. 9.045 !" &:11=C0141PANY _._. :eggR k fi 1045 (Continued from Sheet No. 9.044) 17.6.3 Changes in Environmental acid Governmental Regulations Ifnew environmental and other regulatory requirements enacted during the tern of the Contract change FPL's tall avoided cost of the unit on which the Contract is based, either party can elect to have the contract reopened. I771ntuconnedionJViflteeling Agreement Tice QS has executed an interconnection agreement v t M1 'or represents or warrants that it has entered into a va►id and enfotce�ile Interconnection Agreement with the utility in whose service area the"Mitt is located, pursuant to which the QS assumes contractual responsibility to make any and all transmissial-related arrangements (including controlittwa[tvj%:c9) between the QS and the transmitting utility for deliverytif tbe;,Facility's capacity and energy to FPL. ,19,8 Technolggynatt Generator Capabilities Thatfarthe,termofthisContracttheTechnology 'and Generator Capabilities tablesetforth inSection ,Iisaccurate and complete. i>� tatprtttvlsloria i�ij�E Viability To assist Min rimming the QS's financial and technical viability, the QS shall provide the information and documents requested in Appendix D or substantially similardocuments, to the extent the documents apply to the type of Facility coveted by this Contract, and to the extent the documents are available. All documents to be considered by FPL must be submitted at the time this Contract is presented to FPL. Failure to provide the following such documents may result in it determination of riot-viabilityby FPL. 1$tal'et"li K Site Control The QS herebyagrees to obtain and maintain Permits which the QS is required to obtain as a prerequisite to engaging in the activities specified in this Contract QS shall also obtain and maintain Site Control for the Terni of the Contract. 18 3Pmject Management b3'T If requested by FPL, die QS shall submit to FPL its integrated project schedule for FPL's review within sixty calendar days from the execution of this Contract, and a start-up and test schedule for the Facility at least sixty calendar days prior to start-up and testing of thin" Facility. "Riese schedules :shall identity key licensing, permitting, construction and operating milestone dates and activities. If requested by FPL, the QS stall submit progress reports in a form satisfactory to FPL every calendar month until the Capacity Delivery Date and shall notify FPL of any changes in moi,: schedules within ten calendar days after such changes are determined. FPL shall have the right to monitor the construction, start-up and testing of the 'Facilil k. either on-site or off- site. FPL's technical review and inspections of the Facility and resulting requests, if any, shall not be construed as, endorsing design thereof or as anywarranty as to Ute safety, durability or reliability of lite Facility. 1$1.2 lbe QS shall provide:FPL with the 'And designer'shnanufacturer's generator capability curves, protective relay types, propria protective relay settings, main one -line diagrams, protective relay functional diagrams, and alternating current and direct current' elementary diagrams fiNF review and inspection at FPL no laterthan one hundred eighty'cala)dar days prigs' to the injlal synchronization date. 18A Assignment This Agreement shall inure to the benefit of and shall be binding upon the Parties and their respective successors and assigns. This Agreemem'; shall not be assigned or transferred by either Patty without the prior written consent of the other Party, such consent to be granted or withheld in such other Party's sole discretion. Any direct or indirect change of control of QS (whether voluntary or by operation of law) shall be deemed an assignment and shelf: t Wire"the prior written consent of FPL. Notwithstanding the foregoing, either Party may, without the consent of the other Party, assign or transfer this Agreement: (a) to any lender as collateral security for obligations under any financing documents entered into with such lender provided, QS shall be rreVonsible for FPL's reasonable costs and expenses associated with thereview, negotiation, execution and delivery of any documents or information pursuant to such collateral assignment, including reasonable attorneys' fees (b) to an affiliate of such Party; pmvided drat such affiliate's creditworthiness is equal to or better than that of such Party (and in no event less than Investment Grade) as determined reasonably by the non -assigning orison -transferring Party and; provrdeat further, that;anysuch affilisle stall agree in writing to be bound by and to assume the terms and conditions hereof and any and all obligations to the non -assigning or non -transferring Party arising or accruing hereunder from and after the date of :such assumption. 'Investment Grade" means BBB- or above from Standard & Poor's Corporation orBaa2 or above from Moody's Investor Services. 11:S,019claimer In executing this Contract, FPL does not. nor should it be construed, to extend its credit or financial support for the bes(O p }Kitties lendipgmatpaay-to, or haying+ither trimsttetions with, the QS or any oissoctof this Coolralct. Issued by- Mat h,_ NS d0r.D1ree *.61bry s,,fi�l oaf"�sacf ar�rf�a�ems Ff% ctive: ,January 1,206 r3 Z4 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 24 FLORIDA POWER & LIGHT COMPANY (Continued from Sheet No. 9.045) 18.6 Notification Attachment A Page 19 of 42 Second Revised Sheet No. 9.046 Cancels Fist Sheet No. 9.046 All formal notices relating to this Contract shall be deemed duly given when delivered in person, or sent by registered or certified mail, or sent by fax if followed immediately with a copy sent by, registered or certified mail, to the individuals designated below. The Parties designate the following individuals to be notified or to whom payment shall be sent until such time as either Party fiunishes the other Party written instructions to contact another individual: For the QS: For FPL: Florida Power & Light Company 700 Universe Boulevard Juno Beach, FL 33408 Attn: EMT Contracts Department This signed Contract and all related documents may be presented no earlier than 8:00 a.m. EST on the effective date of the Standard Offer Contract, as determined by the FPSC. Contracts and related documents may be mailed to the address below or delivered during normal business hours (8:00 a.m. EST to 4:45 p.m. EST) to the visitors entrance at the address below: Florida Power & Light Company 700 Universe Boulevard, Juno Beach; FL 33408 Attention: Contracts Manager/Coordinator EMT Contracts Department 18.7 Applicable Law This Contract shall be construed in accordance with and governed by, and the rights of the Parties shall be construed in accordance with, the laws of the State of Florida as to all matters, including but not limited to matters of validity, construction, effect, performance and remedies, without regard to conflict oflaw Hiles thereof. 18.8 Venue The Parties hereby irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern District of Florida or, in the event that jurisdiction for any matter cannot be established in the United States District Court for the Southern District of Florida, in the state court for Palm Beach County, Florida, solely in respect of the interpretation and enforcement of the provisions of this Contract and of the documents referred to in this Contract and in respect of the transactions contemplated hereby, and hereby waive, and agree not to assert, as a defense in any action, suit or proceeding for the interpretation or enforcement hereof or of any such document, that it is not subject thereto or that such action, suit or proceeding may not be brought or is not maintainable in said courts or that the venue thereof may not be appropriate or that this Contract or any such document may not be enforced in or by such courts, and the Parties hereto irrevocably agree that all claims with respect to such action or proceeding shall be heard and determined in such a court: The Parties hereby consent to and grant any such court jurisdiction over the persons of such Parties solely for such purpose and over the subject matter of such dispute and agree that mailing of process or other papers in connection with any such action or proceeding in the manner provided in Section 18.8 hereof or in such other manner as may be permitted by Law shall be valid and sufficient service thereof. (Continued on Sheet No. 9.047) Issued by: Tiffany Cohen, Senior Director, Regulatory Rates, Cost of Service and Systems Effective: January 1, 2022 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 25 FIS 1c'0W1KR,A t GW 4~ 3WANY {Coo&ratad fi�ttrr �ll�. �; Attachment A Page 20 of 42 First Revised Sheet No. 9.047 Cancels Original Sheet No. 9.047 1. WdVer, of Jury Trial. EACH'MTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY &l S$: I*71J $THIS CONTRACT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH' �A1tT1� ft�Y IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHTI' A PARTY MAY HAVE TO A TRIAL JURY IN RESPECT OF ANY LITIGATION RESULTING FROM, ARISING. OUT OF OR RELATING TO THIS CONTRACT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES TIiAT (a) NO ,REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PAR'T'Y HAS REPRESENTED, EXPRESSLY OR OTHERWISE,; THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER,' (b) EACH PARTY UNDERSTANDS AND HAS CQNSIDERF..D THE IMPLICATIONS OF THIS WAIVER, (c) EACH PARTY MAKES' THIS WAIVER VOLUNTARILY AND (d) EACH #ARTY HAS BEEN INDUCED TO ENTER INTO THIS CONTRACT BY, AMONG €Ti#EJiTHINGS,THE. IdiJIiJAX,1 AiiI RS ANDCERTIFICATION„JNTHIS SECTIQNI” &IOTaxatiork; In the event that FPL becomes liable for additional taxes, including interest ardor penalties arising from an Internal Revenue Service's determination, through audit, ruling or other authority, that FPL's payments to the QS for capaci*vider Options B, C, D, E or for energy pursuant to the Fixed Firm Energy Payment Option D are not fully deductible when paid (additi liability), FPL maybill the -QS monthly for the costs, including carrying charges, interest and/or penalties, associated with the fact ztltOrtioii of time capacity payments are not currently deductible for federal and/or state income tax purposes. FPL, at its option, may,46wawoosts Iagainst amounts due the QS hereunder. These costs would be calculated so as to place FPL in the same economic position in been if the erttire capacity payments had been deductible in the period in which the payments were made. If FPL decides tb l drrual Revenue Service's determination, the decision as to whether the appeal should be made through the administrative or judi irprocess or both, and all subsequent decisions, pertairang to the appeal (both substantive and,procedural), sltatireat:exclusively with FPL. 1.8.•11 Severability' It'any part of$tis-Conf am fbr,aWteasm is declared`'iitv" cit' itiret cable `i y a publie wiihodty ofapproprfate 3ur4diction, then suoh deei on=sheilnot affect. The validity of the remainder of the Contract, which remainder shall remain in force and effect as if this ConteWbed-beenekedi Grnd without the hWbl dor unenforceable portion. I9,12 Complete Agreement and Amendments All previous communications or agreements between the Parties, whether verbal or written, with reference to the subject matter of this Contract are hereby abrog•ated No•amendment or modification to this Contract shall be binding unless it shall be set forth in writutg and duly executed by both PattX€g,Thi srhut constitutes the entire agreement between the Parties, 1:8:13 Survivat otCcntract This Contractw; it may amended from time to time; shall be binding upon; and inure to the benefit of, the Parties' respective successors -in -interest andlegalrepresentatives. 18.14 Record ReietiOm The QS agrees to retain for a period of five (5) years from the date of termination hereof:all records relating to the performance of its obligations hereunder, and to carne all QS Entities to retain for the same period all such records. i,&.ISNoWalvaer 90waiver of any of tlw terms and conditions of this Contract shall be effective unless in writing and, signed by the Party against whom such. waiver is sought to be enforced. Arty waiver of the terms hereof shall be effective only in the specific instance and for the specific purpose given The failure of a Party to insist, in any instance, on the strict performance of any of the terms and conditions hereof shall not be construed as a waiver of such Party's right in the future to insist on such strict performance. (C�t�ttlrOds�`�3dEk9 e7; a, Z. ccum►$r uWWRIrN 71fRtFAI I X7 1 �[i1i> tir"13a. 154W ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 26 FLORIDA POWER & LIGHT COMPANY (Continued from Sheet No; aaw-off Attachment A Page 21 of 42 First Revised Sheet No. 9.048 Cancels Original Sheet No. 9.048 i - AtMW time; ?tut shalt be under. no obligation to, a LCOarty and, 011, t cans dtlerflAM ft QS aggit #. ,.41u4 tct;lWe I-9.I!'Assistance W&-PPV'g evaluation of FIN 46R Accounting rules safiott(t in Financial Accounting Standards Board Interpretation No. 46 (Revised December 2003) CFIN 46R'), as well as future amendments and interpretations of those rules, may require FPL to evaluate whether the QS must be consolidated, as a 'Variable interest entity (as defined in FIN 46R), in the consolidated financial statements of FPL. The QS agrees to fullycooperate; with FPL and make available to FPL all financial data and other information, as deemed necessary by FPL, to perform that evaluation an a timely basis at inception of the PPA and periodically as requited by 46R. lfthe result of an evaluation under FIN 46R indicates that the QS must be consolidated in the financial statements of FPL, the QS agrees to provide financial statements, together with other required information, as ,determined by FPL, for inclusion in disclosures contained in the footnotes to the financial statements and in FPL's required filings with the Securities and Excharige Commission ('SEC). The QS shall provide this information to FPL in a timeframe consistent with FPL's earnings release and SEC filing schedules, to be detemrined at FPL's discretion The QS also agrees to fully cooperate' with FPL and FPL's indepeiulent auditorsin completing an assessment of the QS's internal controls as required by the Sarbanes-Oxley Act of 2002 and in ,performing any audit procedures necessary .for the independent, auditors to issue their opinion on the consolidated :financial statements of FPL. FPL will treat any information provided by the QS in satisfying Section 18.17 as confide tial information and shall only disclose such information to the extent required by accounting and SEC rules andany applicable laws.. IN hVlRdlsS& meted" .� ...W... —.. ice' 'n0RM ' . *LX0T,. , ANY V�Pl'lU1SS; Date Wim L11�b T.......A t.... C L` D.....:._ T:_.__1w'i�i'. Oi3s-.:s ,.atLY-:�. ..•� U oOlve. MV 29 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 27 Attachment A Page 22 of 42 Seventh Revised Sheet -No. 10.300 RATE SCHEDULE QS -2 APPENDIX A TO THE STANDARD OFFER. CONTRACT 6t0ft*j1b RATE FOR PURCHASE OF FIRM CAPACITY ANI),,'R NER ` FROM A RENEWABLE ENERGY FACILITY 0R #t:,0t=IFYING FACILITY WITH A DESIGN CAPACrry OF loo KW bRuss SCI MULE QS -2, Firm Capacity andEnerpy AVAILABLE The Company will, under the provisions of this Schedule and the Company's "Standard Offer Contract for the Purchase of Firm. Capacity and Energy from a Renewable Energy Facility or a Qualifying .Facility with a designcapacityof 100 KW or less 'Standard Offer C intrad,%, purchase firm capacity and energy offered by a Renewable Energy Facility specified in Section' 3 01 Florida Statutes or iW a Qualify* Facility with a design capacity of 10t3IM or less as specified in FPSC Rule 25-17- 0832(e) and which is either directly or indirectly interconnected with tlte't2pmpartl+> of these types of facilities shall also lie referred to herein as Qualified Sellar dr °S '. 'The Company will petition the FF;Zf9r a upon any of the following as related to the generating unit upon Wit": ondard;offer, eontract is based i* Ithe Atro ed (0 it;Irequest for proposals (RFP) pursuant to Rule 25-22.082, FAC, its issued, }! ft,, Company filesa petition £ors nation or commences construction of the Avoided Unit when the ,Sen eraftwd '. not,subject to Rule 25'-22.082,,; ACA-tF-() the generating unit upon which the standard offer contract is based is -no longer part of the utility's generation plan, of Ct W& ed by a petition to that effect filed with the Commission or by the utility's; ,most recent Ten Year :Site Plan. APPLICABLE `To Renewable Energy Facilities as specified in Section 366.91, Florida Statutes producing capacity and energy frim 'qualified =renewable resources for sale to the Company on a fur basis pursuant to the terms and conditions of this schedule and the Company's "Standard Offer. Contract". Firm Renewable Capacity and Renewable Energy are capacity and energy produced arid'. sold by wQS pursuant to nft Standard Offer Contract provisions addressing (among other things) quantity, time and reliabilhya delivery: To Qualifying FacilittwM } with a design capacity of 100M or Testas specified in FPSC Rule 25-11.0W(4)�a) °producing apacity,nnd energy for sale to dte Company on a firm basis pursuant to the terms and conditions of this schedule and the Company's "Standard 'Offer Contract, Finn Capacity and Energy are described by FPSC Rule 25-17.0832, F.A.C., and are capacity and energy produced and sold by a QF pursuant to the Standard Offer Contract provisions addressing (among other things) Miry„tima atrdrelisbility of delivery. QfARACTER OF SE RVICF.. Purdiases within the areas served by the Company shall be, at the option of the Company, single or three phase; 60 hertz alternating current at any available standard Company voltage. Purchases from outside the areas served by the Company shall be three phase, 60 hertz alternating current at the voltage level available at :the interchange point between the Company and the ent l r 'delivering the Firm Energy andCapacity from the QS. L1l4IITATION Purchases under this schedule areo Section Mf651,,Florida Statutes and/or FPSC Rules 25-17.0832 through Zl WI,,; F.AC.,.and 25-17.200 through A'! F.A.CandarelnnitedtothoseFacilitieswhich: deliveries of tgit' fid cit fnit[ irapaeity and energy no later ill tlti®appendix II ar ince suer de)t enes_ft , l�"16! ► pi tt oPifiie /ilii ef`ihe ava; R Ata, not cumently under contract with the Company ;or *iii Aby other entity flx * 00W ftw The period specified above neA arts}ieet�?�.19.�it?) wed by: Tiffany Q9hen, Senior. Director, Regulatory Rates, Cost ofService and Systems MOW: : I3'zg ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 28 6': t9 '• D1' ..�4'.%r= Attachment A Page 23 of 42 RATEMMUMIRCHAS99BY THECOMPANY Firm Capacity and Energy are purchased at a unit cost; in dollars per kilowatt per month and cents: per kilowatt-hour, respectively, based on the capacity required by the Company. For the purpose of this Schedule, an Avoided Unit has been designated by the Company, and is detailed in Appendix I1 to this Schedule. Appendix I to this Schedule describes the methodology used to calculate payment schedules, applicableto the Company's Standard Offer Contract filed and approved ursuant to:Section366.91, Florida Statutes and to FPSC Rules? :1,7-082 through 25-17.091, F.A.Cand 25,17.200 through 25- 17.310 R,,kC. A. Firm CauacitvRates Options A through :E are available for payment of firm capacity which is produced by a QSand delivered to the Company. Once selected, an option shall remain in effect for the term of the Standard Offer Contract with the Company. A, payment schedule, for the normal payment option as shown below, contains the monthly rate per kilowatt.of Firm Capacity which the QS has contractually committed to deliver to the Company and is based on contract teen which extends ten (10) -years beyond thein -service date of the Avoided Unit. payment schedules for other contract terns, as specified in Appendix: E, will be made available to any QS upon request and may be calculated based upon the methodologies descrIed inAppendix 1. The currently approved parameters used to calculate the schedule of payments are found in AppendkIl tothis Schedule. Adiustment to CapacityPavment The firm capacity rates will be adjusted to reflect the impact. that the location of`9ra Q1,NAA have on Pftaystem reliability due to constraints imposed on the operation of FPI, transmission tie lines. Appendix III shows, for illustration purposes, the factors that would be use4i!o adjust the,&m capacity rate for different geographical areas. The actual adjustment would be determined on a case-byaasse basis. Thoam ount of such adjustment; as well as a binding contract rate for frrm:capaci% shall bo provided to thet(A within sixtyK 3.of;FPL execution of the signed Standard Offer Conttaac Option A - Fixed Value of Deferral Normal Capacity Payment schedules under this option are on the value: of a single year purchase with an in-service date of the Avoided Unit, as described in, Appendix I: Once this- .option is•selected, the current schedule of payments shall remain fixed and ineffectthroughoutthe term of the Standard Offer Contract Issued by: 3.E. Romig, Director, Rates andlgdgr. Effective: June 25, 2413 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 29 on6mmed fram"l0teet`N 16201) tlon'B - Fixed Value of elerrsl''Payments - Early Caaaeiy Attachment A Page 24 of 42 10302 Payment schedules under this option are based upontheearly capital cost component of the value of a year -by -year deferral.of the Companys Avoided Unit provided, however, that under no circumstances may payments begin before the :is delivering fmn:capacity and energy to the Company pursuant to the terns of the Standard Offer Contract. When this option is selected, the capacity payments shall be made monthly commencing no earlier than the Capacity Delivery Date of the QS and calculated using the methodology shown on Appendixl. The QS shall selectthemonth and year in which the deliveries of firm capacity and energy to the Company are to- eminence and,Capacitypayments are to start; The Company will provide the QS with a schedule of capacity paynnent rates based on thmonth and year in which the deliveries of fur capacity and energy are to xxrmrnau and the term, of to S*-Iard Oft Appendixt Payment schedules under this option are based upon the level ized capital cost componentof the value of a yeas by -year deferral of the Company's Avoided Unit. The capital portion of capacity payments under this option shah consist of equal monthly payments over the team -of the Standard, Offer Contract, calculated as shown on Appendix 11 The fixed operation and maintenance portion of the capacity payments shall be equal to the value of the yew° by -year deferral of fixed operation and maintenance expense :associated with the Company's Avoided Unit. That methodology used to calculate this option is shown in Appendix I. The Company will provide the QS with. w schedule of capacity payment rates based on the month and year in which the deliveries of firm capacity and energy, are to commence and the tern of the Standard Offer Contract as specified in Appendix E. OvilonD - Fixed Value of Deferral Payment - Early Levelized Capacity Figment schedules under this option are based upon the early levelized capital cost component of the value of a+ yem-by-year deferral of the Company's Avoided Unit The capital portion of the capacity payments under this option shall"consist of, eqoal monthly payments over the tern of the Standard Offer Contract, calculated as shown. and t I. The fixed operation and m aintenance expense shall be calculated as shown in Appendix 1. At the; OpOori tlf (A xmtnents for early levelized capacity shall commence at any time before the anticipated in- service date of the Company's Avoided Unit as, specified in Appendix E, provided that the QS is delivering firm, capacity and energy to the Company pursuant to the terms of the Standard Offer Contract The Company will:: provide the QS with a schedule of capacity payment rates based on the month and year in which the defiverigs f fina; capacity and energy are to commenceand the term of the Standard Offer Contract as specked in Appendix E.. Ootion'-E— Flexible Payment Option Payment schedules under this option are based upon payment stream elected by the.QSconsist%ng of capital, component of the Company's avoided unit Payments can commence at any time after the actual in-service date cif the QS and before the anticipated in-service date of the utility's avoided unit, as specified in Appendix E„ provided thatthe ( is delivering firm capacity and energy to the Company pursuant to the terns of the Standard t3faet C #tn Opgardleas, of the payment stream elected by the QS, the cumulative present value of capital cost. paym#a std tt>txtaC*over the term of the contract shall not exceed the cumulative present value of the capital,, cost P*jffWftVdrwould have been made to the QS had such payments been made pursuant to FPSC Rule 25., 17Q(W2 , ,:tkC. Fixed operation and maintenance expense shall be calculated in conformance with Ru1q -F W16y The Qnikt ty vain .Ws p *a QS with a schedule of capacity, t t l on tho tads aiiCi iitApVft & X, (Continued on Sheet No. 10.303) Issued by: S. E- Romig, Director, Rates and Tariffs Effective- May 24 -2007 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 30 (Continued from SheetNo, 4M.) B. Energy Rates Sixth Attachment A Page 25 of 42 (1) Payments Associated with As -Available Energy Costs prior to the .In -Service 'Date of the Avoided Unit. Options A or B are available for payment of energy which is produced by the QS and delivered to the Company°' prior to the in-seryice date of the Avoided Unit. The QS shall indicate its selection in Appendix E, Once selected; an option shallremain.in.effect for the teen of the Standard Offer Contract with the Company. OptionA —Energy payments based on Actual Energy Costs The energy rate, in cents per kilowatt-hour (¢/KWhJ shall be based on the Company's actual hourly avoided energy° costs which are calculated by the Company in accordance with FPSC Rule 25-17.0825, F.A.C. Avoided energy coach rnchtde incremental fuel, identifiable operation and maintenance expenses, and. an adjushnent far line losses reflecting �1F'"�. � Calculation of �ec�'s avoided energy costs reflects the delivery of energy from the r�iori of the Company its which the Delivery the QS is located. R -'hen economy transactions take place, the incremental costs are calculated as desenb�'''��t;Rate Schedule COG -1. The calculation of payments to the QS shall be based on the stun, over all hours of the billing period, of the produotrof each hour's avoided energy ;cost times the purchases of energy from the QS. by the Company for that W, M;: purchases of energy shall be adjusted for losses from thepointof mtsWing to ft -Delivery Point:., Option B — Energy Payments based on the yew by year projection ofAs Available energy costs The energy rate„ in cents per kilowatt-hour (¢/KWh), shall be based on the Company's year by year projection of system incremental fuel costs, prior to hourly economy sales to other utilities, based on normal weather and fuel markets ccxndition&s (annualAs-Available Energy Cost Projection which are calculated by the Company in accordance with FPSC R `25� 7;0825, F.A.C.and with FPSC Rule 25-17.250(6) (a) RAC) plus a fuel market volatility risk preniitmt rntttralfyy agreed upon by the utility and the QS. Prior to the start of each applicable calendar year, the Company and the QS shall mutually agree onthe 'fuel market volatility risk premium for the following calendar yeah. normally no later than November 15. The Company will provide its projection of the applicable annual As-Availablt Energy Cost prior to the start ofgalendar year, normally no later than November 15 of each applicable calendtt]x; year. In addition to the applicable As -Available Energy Cost projection the energy payment will include identifi"', opemtiCtil anti tl}&listenance expenses, an adjustment for line losses reflecting delivery voltage and a, factor that in the calculation of the Company's Avoided, Energy Casts the delivery of energy from the region of the Company iit which the Delivery "Point of the QS is located. The calculation.of paymentstoftQS shall be based on the sum, over all hours.of'the billing period, of the product. each hour's applicable ProjectedAvoided.Energy Cost times the purchases of energy from the QS by the Company for' that hour. All purchases of energy shall be adjusted for losses from the point of metering to the Delivery Point: (2) Payments Associated with Applicable Avoided Energy Costs after"" In -Service Date of the AvoidedU Option C is aysilib% fC r payment of energy which is produced by the QS and delivered to the Company after this' m service date kl t v pid twilit Ali ,.addition, Option D'is available to the QS which elects to fix a portion of tlrp &M a J*Mft AV QSah�Jaicate its selection of Option D in Appendix E, once selected, Option D shaft* rein *tdfft Xdr the term of the Standard Offer Contract. OQntion G Energy Pa=ents based on Actual Energy Costs starting on the in-service date of the Avoided Unit a9t detailed in Aooendixll. The calculation of payments to the QS for energy delivered to FPL on and after the in-service date of the .Avoided. Unit shall be the stun, over all hours of the Monthly Billing Period, of the product of (a) each hour's firm enc rate (¢/KWh); and (b) the amount of energy (KWH) delivered to FPL from the Facility during, that hour. (Contin ned on Shea No;1¢.304) ��ttetl blit t,I& *uotig, Director, Ra":*o Uvft ertivCa �te',`��13 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 31 Attachment A Page 26 of 42 Eighth Revised Sheet No. 10.304 & LIGHTCONIPANY Cancels Seventh Revised Sheet No.10304 ,(Continued from Shee ,1;61 , 9t'1 I)ispatchfloar dwfto #Wt&1WaW 1basis, the. Company's Avoided Unit Eibp' t ror any otfaer period during which energy is delivered by the QS to FPL, the firm energy rate in Gott t? 161oivatt hour (OKWh) shall be the following on an hour -by -hour basis: the lesser of (a) the as -available et1�- calculated by FPL in accordance with FPSC Rule 25-17.0825, FAC, and FPL's Rate Schedule COG -1, as they each be amended from time to time and (b) the Company's Avoided Unit Energy Cost. The Company's AvW Unit Energy Cost, in eetlts ptr kilowatt-hour (O/KWh) shall be defined as the product of. (a) the fuel prion Ja $/mmBTU as determ5ne4:from gas prices published in Platts Inside FERC Gas Market Report; first of theft posting for Florida Gas Transmission Zone 3, plus all charges, surcharges and percentages that are in effect from time to time for service under Gulfstream Natural Gas. System's Rate Schedule FTS; and (b) the average annual heat rate of the Avoided Unit, plus (c) an additional payment for variable operation and maintenance expenses which will.be escalated based on the actual Producer Price.lndex. All energy purchases shall be adjusted for losses from the point of metering to the Delivery Point. The calculation of the Company's avoided energy cost reflects the delivery of energy from the geographical area of the Company inwhich the Delivery, Point of the QS is located. Option U- Fixed Firm Energy Payments Starting as early as the In -Service Date of tate OS Facility The calculation of , ents to the QS for p 'VL p an adjustment at the election of the; in order eitlent the provisionse, -� 6*0pog4 tP the determination of full; avoided cost 6r,4 aubject,to the provisions, O' R* «1 � ��. C., a portion of the base energy costs associated with the avoided unit; 19 a. `b 1111' 4t3rh hewable energy generator;_ shall be fixed and amortized on a present valdd basis over til %im of the contract starting, at the election of the QS;. M early as the in-service date of the QS. "Base energy cost's associated with the avoided unit" means the energy costs of the avoided unit to the extent the unit would have operated. The portion of the base energy costs mutually agreed to by the Company and the QS shall be specified in Appendix E. The Company will provide the QS with a; schedule of "Fixed Energy Payments" over the term of the Standard Offer Contract based on the applicable: formation specified in AppendixE. uifflg ,M A9-MVA�EMMUCOST As required in Section 25-17.0832, F.A.C. as -available energy cost projections until tho��5erviee date of the Avts�;=* be provided within 30 days q f receiptbykT?L of a written request for such projections by ;interested person MATED UNIT FUELCOST_ AWN—tared in Section 25-17.0832, FAA. * estim ated ul* AW costs associated with the Company's Avoided Unit and based' tWds�rvntestitn of the price of nt{ttt Al gas will be provided Within 30 days of a written request for such an estim ate. i3�3z ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 32 Pontinued from Sheet No. W" Attachment A Page 27 of 42 DELIVERY VOLTAGEADJUSTMENT Energy payments to a QS within the Compat" service area shall0j. listed according to pit, by the multipliers provided in the COG -1.. PERFORMANCE CRITERIA Payments for Firm Capacity are conditioned on the QS's ability to maintain the following performance criteria: A. Capacity Delivery The Capacity Delivery Date shatl.be no later than the projected in-service date of"the,Company's Avoided Unit, as detailed in AppendixII. B. Availability and Canacity Factor The Facility's availability and capacity factor are used in the determination of firm capacity payments through a performance based calculation as detailed in Appendix Bto the Company's Standard Offer Contract METERINGREOUIREMENTS A QS within the areas served by the C Wptitiy AVO b6, to purchase 006 tit¢ 'hourly recording meters to measure their energy deliveries to the Company. "Erierbiy purchases from a QS outside tie territory of the Company shall be measured. as the quantities scheduled for interchange to the Company by the entity delivering Firm Capacity and Reviewable Energy to the Company. Por":the purpose of this:Sehedule, the on -peak hours shall be those hours occurring April 1 through October 31 Mondays through Fridays, from 12 noon.EST to 9:00 pm. EST excluding Memorial Day, independence Day and Labor Day; and November i through March 31 :Mondays through Fridays from 6:00 am. EST to 10:00 a.m. EST and 6:00 p.m. EST to 10:00 p.m. EST prevailing Eastern time excluding Thanksgiving Day, Christmas Day, and New Years Day. FPL shall have the right to charge such On -Peak Hours by providing the QS a minimum of thirty calendar days' advance writtennotice. BLUNG OPTIOiVS A QS, upon entering into a Standard O rtc" untract ]rt tq ibm capacity and energy otpft . to delivery of a, available energy, may elect to make either simultaneous purchases from and sales to the Company, or net sales to the Company; provided, however, that no such arrangement shall cause the QS to sell more than the Facility's net output. A decision on billing methods may only be changed:: 1) when a QS selling asavailable energy enters into a Standard Offer Contract for the sale of firm capacity and energy; 2) when a Standard Offer Contract expires or is lawfully terminated by either the QS or the Company; 3) when the QS is selling as -available energy and has not changed billing methods within the last twelve" 'when the election to ehObp •balling methods will not contravene this Tariff orthe contract between the QS and the Compaiiy If a QS, elects to change billing methods, such changes shall be subject to the following: 1) upon at least thirty days advance written notice to the Company; 2) the installation by the Company of any additional metering equipment reasonably required to effect the change in billing and upon payment by the QS for such metering equipment and its installation; and 3) upon completion and approval by the Company of any alteration( s) to the, interconnection reasonably required to effect the change in billing and upon payment by the QS for such alteration(s). Payments duea QSwill be made monthly and normally,by the twentieth: business day Following the end of the billing period. The kilowatt-hours sold: by "thb"QS and the applicable avoided energy rates at whi*,,pqmerrts are beitlg shall aaotimpany pntyment to the,QS., Xstatctuent coveri *4*4W, mrd payments dWthe Qt f ander ;tits tidtly; and liay ?toittf 3t # j'"the"tVVt+ °d8yi+t�it�3�te etid�af►hebilling period, Continued on Sheet 96A0.306) l�:lllyt Tftmy,000 lift`1liftetor, Regulatory Rates, Cost of Service and Systems Vie: Jl►nl,� i3•�' ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 33 (Continued from Sheet'l+:Aa Attachment A Page 28 of 42 ;ROMTO ENF.RGYF`ACII ITY` T* WV,shaff�e responsible for all applicable charge vW approved or" ha3rttf&y be approved #� Florida VUb CtPtceCt omission, including, but not limitedto: #3ase Charges: lvlonthlybase charges for meter reading, billing and other applicable administrative costs as per applicable Customer Rate Schedtde. B. Interconnection Charge for Non -Variable Utility Expenses The QS:shall bear the cost required for interconnection, including the metering The QS shallhave the option of (i); payment in full for the interconnection costs including, the time value of money during the construction of the interconnection facilities and providing Bond, Letter of Creditor comparable assurance of payment acceptable to the Company adequate to: cover the interconnection cost estimates, (ii) payment of monthly invoices from the Company for actual costs progressively, incurred by the Company in installing the interconnection facilities, or (iii) upon showing of creditworthiness, making:. equal monthly installment, payments over a period no longer than thirty-six (36) months toward the full cost of interconnection. Intihe latter cam the Company shall assess interest at the rate then prevailing for thirty (30) day highest grade commercial paper,. such rate to be specified by the Company thirty (30) days prior to the date of each installment paymentby the QS. C. Interconnection Charge for Variable Utilitv.FApenses The QS shall be billed monthly :for the variableutility expenses associated with the operation and maintenance of the interconnection facilities. These include (a) the Company's inspections of the interconnection facilities and maintenance of any equipment beyond that which would be required to provide normal electric service to the QS if no sales to the Company wereinvolved. In lieu of payment for actual charges, the QS.may pay a monthly charge equal to a percentage of the installed cost of the interconnection facilities as provided in COG -1. A Taxes and Assessments In the event that FPL becomes liable for additional taxes, inchtdinp interest and/or penalties arisen from an Internal. Rev enue Service's determ ination, through audit, ruling or other au that FPL's payments to the QS for capacity un options B, C, D, 13 or far energy pursuant to the Ftxe Firm Tn ent Option.D are not fully deductible when (additional tax liability) FPL may bill the QS monthly for the 'darning charges, interest sr. pens tie associated with the fact that all or a portion of these capacity pa ` ently deductible for federal and/or staij income tax purposes. FPL, at its option, may offset these costs ag due the QS hereunder. These costs would be calculated so as to place FPL in the same economic position in which it would have been if the entire early, levelized or early levelized capacity payments or the Fixed Firm Energy Payment had been deductible in the period in which the payments were made. If FPL decides to appeal the Internal Revenue Service's determination, the decisions to whether the appeal should be made through the administrative or judicial process or both, end all subsequent decisions pertaining to the appeal (both substanti",ondprocedural), shall rest exclusively with FPL, (Paltinued on Meet 1'Va,;Ill i►Itt Tiffany Cohen, Senior Director, Regulatory Rates, Cost of S 13'3 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 34 (CoMirmed from Sheet No. Mat TERIYLS OF SERVICE Attachment A Page 29 of 42 (1) It shall be the Wsaespongt"IY Wto infam the Company etdgi&g ge htifr,eTec6lc generation eapal 14, Any, al 'iris service delivered by the Comparry to a QS located'in the Company's service area shall be subject>to the 161100 at j U ttrs,and conditions: Wr A QS shall be metered separately and billed under the applicable retail rate schedule()Vhose terms and =ditons shall pertain, A security deposit wi11 be required ittaccortnce•vr�"t Iles} and grid the �'vhowing> (t) In the first year of operaticrk1ie security deposit should;be based upon the singular month tn.Wbich the QS's projected purchases f -&n the Company exceed, by the greatest amount, the Company's estimated pwchases tiom the QS. The security deposit should be equal to twice the amount of the difference estimated for that month: The deposit is required upc nmterconnection. (ii) For each year thereafter,.a review of the actual sales and purchases between the QS and the Company will be conducted to determine the actual month of maximum difference. The security deposit should be adjusted to equaltwice the greatest amount by which the: actual monthly purchases by the QS exceed the actual sales:to-the Company in thatmcnth. (e): The CompwW"U specify the point of interconnection and voltage level. io The CSS must entwr into an interconnection agreement with the Company which wii� , among other things, specify "safety and reliability standards for the interconnection to the Company's system: In most instances, the Company's filed Interconnection Agreement for Qualifying Facilities will be used;: however; special features of the QS or its interconnection to the Company's facilities may require modifications to this IntercomectionAgreement or the safety and reliability standards containedtherein. (3) Service under this rate schedule is subject to the rules and regulations of the Company and the Florida Public Servicer Commission. SPECIAL:PR0 (1) Speolal Mftc% devisiSt *ara *4 aboftstandard rate schedule t tvided the Corn agrees to them, starst: tid.Ppt,lic:SeryiceCommtae Issued by. S. E. Romig, Director, Rates and Tariffs Y+ifyevtt; 1��� ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 35 APPENDIX t TQRATE SCHEDULE QS -2, CA14t T16140 "1A UX9 F DEFER RAUSOSM Attachment A Page 30 of 42 Appendix I provides a detailed description ofthe methodology used by file Caftedy'to,calculate dre`Ifid fly values of defettgig orp awiifing the Company's Avoided Unit identified in Schedule QS -2: When used in corgunclion with the current PPSC-approved cost parameters associated with die Companys:Avoided Unit oonwined in Appendix R, a QS may determine the applicable value of deferral capacity payment rate.awo die timing and opetatienof rpsi icular facility should the QS enterinto a Staudard.Okfer Cmrtactwith the Company. CALCULATION QF VALUE OF DEFERRAL OPTION A FF5C'RuIe 25-17:0832(5) specifies that avoided capacity costa, in dollars per kilowatt per month, associated with capacity sold'to a utility ii}"'a QS pursuant to the Company's Standard Offer Contract shall be defined as the year -by -year value of deferral of the Company's Avoided Unit Theyear-by- year value of deferral shall be the difference in revenue requirements associated with deferring the Company's Avoided Unit ona,yearr and shall be calculated aefollows. Where, for a one yeardefenal: VAC. = utility s monthly value of avoided capacity and O &K in dollars per kilowatt per morah, for each month of year n; K = present value of carrying charges for one dollar of investment over L years with carrying chargee computed using average amnral rate base and assruned' to be paid at the middle of each year and, present value4. to:themiddle ofthe fiistyear R _.'t"0 "ITS+ ;L' = total direct and indirect cost, in mid year dollars per kilowatt including AFUDC but occluding CWIP, of the Company's Avoided Unit with an in-service date of year N including all identifiable and quantifiable cost relating to the construction of the Company's Avoided Unit which would have been paid had the Unit been constructed, 0. total fixed operation and maintenance expense for the yearn, in mid -year dollars per kilowatt per year, of die Company's Avoided Unit; .yo = annual escalation rate associated with the plant cost of the Company's AvoidedUmt(sk io - antral escalation rate associated with the operation and maintenance expense of the Company's AvoidedUrat(v} a. _ amoral discount rate, defined as the utility's moremerdal atter-tax cast of capital; 7 ; = expected life of the Company o Avoided Unit(sl and it = year for which the Companys Avoided Unit(s) is (are) deferred staling with its (their); original anticipated in-service date(e) and ending with the temnination of the Company's Standard Offer Contract. (Conlirmdon Sheet No. 10,309) Issued by: & X Romig, Director, Rates and Tariffs i�PY�itves. ikia�•17 ];,:7 -?;-p ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 36 (Continued from Sheet No. 1103* CALCULATION OFFIXEDVALUE OF DEFERRAL PAYMENTS—EARLYCAPACITY—OPTION Attachment A Page 31 of 42 Normally, payments for firm capacity shall not commence until the in-service date of the Company's Avoided Units). At option ofthe % However the Company may begin malting payments for early capacity consisting of the capital cost component of the value of a year -by -year defisial of Ills:. Company's Avoided Unit starting as early as the in-service date ofthe QS facility. «lien such payments for early capacity are elected, -die avoided capit + coat component of capacity payments shall be paid monthly coratnencing no earlier than the Capacity Delivery ]late ofthe QS, and shall be calculated as, A. `fie A ,*, - i&t+ I'. follows Where: A = morithlypaymenis to be made to the QS for each month of theooatiaat in dollars per Wowatt per month in which QS delivers capacity putacdlrt to dwearlycapacityophon; ip = ammal escalation rate associated with the plant coat ofthe Company's Avoided Urnt(sk in annual escalation lute associated with the openaion and maintenance expense ofthe Company's AvoidedtJAt(sk In - year for which the fixed value of deferral payments under the early capacity optionare made to a QS,shnting inyear one and ending in the year k f' the term, in years, of the Standard OIBerConbact A< _ FI,(I-i-;X)j Where: F = the cwnalative present value, in the year thatthe contractual payments will begin, ofthe avoided capital cost component of capacity payments which would have been made had capacity payments commenced with the anticipated in-service date ofthe Comparry's:Avoided Unit(sk A ,~ (i +4'+$ r = annual discoamt rate, 44WIirthe Company a incremental atter-bur cost ofcapital; and VAMM The cumulative present value, in the year that the contractual payments will begin, ofthe avdQ. fixed operation and maintenance expense component of capacity payments which would have beet; made had capacity Payments commenced with the anticipated in-service date of the Compimft Avoided Unit(s), R 0+W0+10, The currently approved parameters applicable to the formulas above are found in Appendixh, (Confirmed on Sheet No. Tiles S, E Romig, Director, Rates and Tariffs I 3 -:37 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 37 (Confirmed from Sheet No. 10.30 Attachment A Page 32 of 42 CALCULATION OF FIXEDVALUE OF DEFERRAL'PA MMS— LEVELIZED AND EARLY MELTLED CAPACITY — OPTION C & OPTION D RESPECTIVELY Mordiily fiieed value of deferral payments for levedzed and early levelized capacity shall be calculated as follows: P r' +0 ow Fa the rnonlIrly levelized capacity payment, starting on or prior to the in- service date of the Company's Avoided Urut(s); F` = the cumulative present value, in the year that the contractual payments will begirt, of the avoided capital cost component of the capacity payments which would Rave been made had the capacity payments not been levelized, t = the annual;discotird rate, defined as the CompaWs incremental a&t-tax cost of capital; .1 = the tenn, in years, of the Standard Offer Contract; O = the monthly fixed operation and maintenance component of the capacity payments, calculated in accordance with calculation of the fixed value of deferral payments: for the levelized capacity or the early levehzed capacity options. Ibeueci bys 3. F Romig, Airector, Rates and Tariffs faw: May22,,2007 t3�� ORDER NO. PSC-2023-0180-PAA-EQ Attachment A DOCKET NO. 20230046-EQ Page 33 of 42 PAGE 38 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 39 Attachment A Page 34 of 42 i PAW b T#Yan Cohen, " ' '... ��y, r. Rate Development d4 Strata ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 40 Attachment A Page 35 of 42 Sheet No. 10312.1 —311-s uy: a atauy %.viten, aetuur. uuector, n.eCtuatory icates, t OST of service alto ayStgw Effective: January 1,2022 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 41 Attachment A Page 36 of 42 Second Revised Sheet No. 1030 Cancels.P'irst Revised FO]Y, WDESIGNCITY ENERGY S OR QUALIFYING FACILITIES WITH AOF 1W XW OR LESS*` FOR PERFORMANCE PROVISIONS MONTHLY CAPACrff PAYMENT CALCULATION L hood* Capacity Payments (Md1lor each Monthly Billing Period shall be computed aoLmding to the following: ,A. lit the eventthatthe AnmW,(apacdtyBilling Factor ("ACBF"l as defined below; is less than 80%, then no MonthlyCapadiy Payment shall be= Th#ia MCP=O 9 U the event that the AC13F is equal to or gresterthan 80% but less Oran 94%, then the Monthly Capacity Payment shall be,calculated by using: ire following formula: MCP =BCPx jj+4a (ACBF- 94%)i x CC C. .M the event that the>ACBF is equal to or greater than 94%, then the Monthly Capacity Payment shall be calculated by using the following formula: ACP- BCP x CC MontldyC7apediy.Paymerdindollars. 1 Base t apaatrPpyrtlentit<$/KV?Month as specified in 'isle Se}duleiz Conmtrit6edCapacity; Annual Capacity BillingFactor, T161cor is e of9Mot+Bdy Capacity Factor. This 12 month rolling average shall be defined as fhe sum of the 12 consecutive Monthly Capacity Factors preceding the date of calculation, divided by 12. During the first 12 consecutiveMonthly Billing Periods, commencing with the first Monthly Billing; Period in which Capacity payments are to be made, the calculation of the Annual Capacity Billing Factor shall be performed as follows: (a) during the first Mouthly.Billing Period, the Annual Capacity; Billing Factor shall be equal to the Monthly Capacity Facts (b) thereafter, the calculation of the Annual Capacity?' Billing Factor shall be computed by dividing the sum of the Monthly Capacity Factors during the fust year's Monthly Billing Periods in which Capacity payments are to be made by the nmnber of Monthly Billing. Periods which have elapsed This calculation shall be performed at the end of each Monthly Billing Period until enough Monthly Billing Periods have elapsed to calculate a true 12 -month rolling average Ammal Capacity Billing Factor, Periods during which the Facility has temporarily set its Committed Capacity equal to 0 KW due to,a Force Majeare eyotpt nwW, to, Section 16 shall be excluded from the applicable capacity factor calculation,. MCF Monthly Capacity Factor. The sum of (i) the Hourly Factors of the Non -Dispatch Hours plus (i) the Hourly Factors of the; Dispatch Hours or the Hourly factors of the hours when FPL requested reduced deliveries; pursuant Gy. Sections 8.4,6 mid 8.4.8 (Reduced Delivery Hour); divided by the number ofhous in the Monthly Billing Period. IiNDH = Hourly Factor of a Non -Dispatch Hour. The energy received during the hour divided by the Committed Capacity*, For purposes of calculating the.Boudy factor of a Non-Dupatch Hour the enemy rec", atall.noteresaed tirir twitted Capacity. IIFDfi1 Hourly Factor of a Dispatch Hour or a Reduced Delivery Hour. The scheduled energy.receivW divided by .thy scheduled energy requested. For purposes of calculating the Hourly Factor of a Dispatch Hour or the Hourly Factor of a Reduced Delivery Hour the scheduled energy received shall not exceed the scheduled energy requested. On -Peak Hours =Those hours occurring April 1 through October 31 Mondays through Fridays, from 12 noon to 9:00 p.m.. excluding Memorial Day, Independence Day and Labor Day; and November I through March 31 Mondays through Fridays ,from 6:00 am. to 10:00 a.m. and 6:00 p.m. to 10:00 pm: prevailing Eastern time excluding, Thanksgiving Day, t ' jorse Day and New Year's Day. FPL shrill havetthe rightto dnange sgcht7n- Peak Hotra.by providing the QS ti*dft%W*f thirty calender days' advancenotice: Monthly Billing =714aperiodbeginning on the first calendar day ofeach calendar monk except that ate ixii�itfl Monthly Billing Period Period shall consist of the period beginning L2:01 am: wr:the:Capadty Taelivery,Period Date and ending with the last calendar day of such month. Scheduled Energy and Dispatch Hours are as defined in $90f#tgt9the Standard Offer GdiotriiitG Issued by: S F. Romfg, Director, Rates andTariffs Effective: August 27, 201,5 ORDER NO. PSC -2023 -0180 -PAA -EQ Attachment A DOCKET NO. 20230046 -EQ Page 37 of 42 PAGE 42 APPLNDLX C TO TIM -SWM DARD OFFER CONTRACT TERMINATION FEE Mic Termination Fee shall be the sum of the values for each month beginning with the mouth inwhich the Capacity Delivery Date occurs through the month oftertnination(ot,month of calculation, as the case may be), computed according to the following formula 'termination Fee-liffminstlon Fee a'p qtl dal(rCapacity Payment Option plus Termination Fee applicable to Fixed Firm Energy Option Termination Fee auullcable to CamiWW PiftisdOffibasAt. D and F, 8. Z. 0M�UCfPM*0,i i+qr MA: WPC, = 0 fir all periocic prior to the in -cervi oe" of the Comparry a Avoided i lait; i number of the Monthly Billing Period commencing with the Capacity Delivery Date (i.e., the month in which Capacity Delivery Date occurs = 1; the month following the month in which Capacity Delivery Date occurs = 2, etc.) n = the number of Monthly Billing Periods whidi have elapsed'!t%um the month in x ►1 „ ., Delivery Date occurs through the month oftermination(or month of -alculation,ao*ae t the future value of an amount factor necessary to compound a sum monthly'nkrFil°i!h MAW' percentage rate derived will equal FPL'eincramental after-tax avoided cost ofcapital (defined as r in QS -2). For any Monthly Billing Period in which MCPQ is greater thanMCP,, t @hall equal 1. Pu= Monthly Capacity Payment paid WQS corresponding to the Monthly 'Biiling Period i, calculated in accordance with Appendix B. I4 CP9—Monthly Capacity Payment for Option A eartesplmding to the Monthly Billing Period i, calculated in accordance, QS -2 In the event that for any Monthly Billing Period, the computation of4hei4m,ot the,Copacity'PaymentTenainst on Fee for such Monthly Billing Period (asset forth aboveyylelrl. avalue equal to orgteater than zero* dW*raotmtbf the Capacity PaymentTermination Fee shall be increased bythe amount of ouch value. In the event that for any Monthiy'BMing Period, the computation ofthe value of the Capacity Payment Termination Fee for sack Monthly Billing;. Period (as set forth above) yields a value less than zero, the amount of the Capacity Payment Termination Fee shall be decreased by the amount of, such value expressed as. a positive number (the "Initial Reduction Value); provided, however, that such Initial. Reduction Value shall be subject the following adjustments (the Initial Reduction Value, as adjusted, the "Reduction Value'): a. In the event that in the applicable: Monthly Billing Period the Annual Capacity Mingsltaator (ACBE), as defined in Appendix B ii less than 80%, then the Initial Reduction Value shall be adjusted to equal zero (Reduction Value =0), and the Capacity Payment.. Termination Fee shall not be reduced for the applicable Monthly Billing Period. b, In the event that in the applicable Monthly Billing Period the Annual Capacity Billing Factor (ACBF), as defined in Appendix B, is, equal to or greater than 80% but lea than 94%, then the Reduction Value shall be determined as follows: Reduction Value = Initial Reduction Valtrexx", *OM' -94%)] For the applicable Monthly Billing Ponod, the Termination Fee shatbooduced by the amount ofsach Redaotfit>m alatz; In no event shdtfPL be liable 1n the tS at any time for any amount by which the Capacity Payment Termination Fee, adjusted m acoondat woo th the foregoing, is less than zoro(0) Terhuination Fee annlicable to the Fixed Firm Enerev Pavin ent Ontion D Prior to in-servia-date ofavoidedurnt: The Termination Fee for the Fixed Firm Energy Option shall be equal to the cumulative sum of the �, s Energy Payments made to the QS pursuant to Option D, starting with the in-service date of the QS facili ty, for each billing eyda number shall reach the maximum amount on the billing cycle iquo% Mately preceding die billing cycle associated with dla 'i a of$haAvorded W. Aft in-service date of avoidedunit' The Termination Fee shall be decreased each billing cycle following the in-service date of the avoidedunitby an amount equal to the difference between the projected Fixed Energy Cost that was used in the calculation to determine the base energy cost to be fixed and amortized pursuant to Option D for such billing cycle and the amortized Fixed Firm Energy Payment in cents/KWI times the energy delivered by the QS not to exceed the MW H block specified in Appendix E. Iitetled*t Tiffany Cohen, Director, Rates and Tariffs JUUC !k 209 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 43 APPENDIX D TO THE STANDARD OFFERCONTRACt 'UM0PROJUT INFORMATION; Attachment A Page 38 of 42 lich eligible CordractreceivedbyFPLwill be evaluated to detennine,ifthe underlying QS project is financially and technic ally vmblc. The VS shad. to the extent available, protide FPL `with a detailed projodproposal which addresses the information requested below. >i.. FACILITT DESCRU 1l I?rojeetNatne' . • Project Location, h Street Address site 'Plot Plan t Legal Description of Site: M Generating Technology • Facility Classification( include types from statute) rPrimary Fuel • Alternate Fuel (Ifapplicabie)' e- 't =mitted Capaoity A,, ExpectedTn-Service Date + Steam Host (for cogeneration. tacilities) ♦ Street Address t Legal Description of Steam Host :Host's annual steam requirements (lbs/yr) • Caritact Person i= "Indiv deal's. lame and Title t. CompanyName 1r+ Address + Telephone Number f Telecopy Nltmber II: PROJECT.''PARTICI]RAM • Indicate the entities respo sibie for dwfWJowingp*dinWvWrfient activities and provide'a detailed description of the experience and capabilities ofthe entities: Project Development y, ruing and Licensing the. Facility. r DAsigning the Facility t Constructing the Facility t Securing the Fuel Supply+ + ,perahng Facility' 0— PtovWdetails are currently tinder construction or operational which were developed by the'QS: • Describe the financing structure for the projects identified above, including the type of financing used, the permanent financing term, the mgior lenders, and tlwe percentage ofegpity closing. Iwd S. E Romig, Director, Rntes and 'Tariffs �#;: May. 21,,2007 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 44 III. FUrL,5VMV Attachment A Page 39 of 42 Sheet No. 10.316 • Describe all fuels'to be'used to generate eleddeityat the Facility. hrdicate Ste specific physical and chemical characteristics of each fuel type (e.g., Btu content, sulfur content, ash content, etc.). Identify special considerations: regarding fuel supply origin, source and handling, storage and processing requirements. 1, Provide armud fuel requirements (AIR) necessary to support the requirements pursuant to Section 36j 1, Florida Statutes„ and duesptarmgd levels of generation and list.ihe assumptions used to dptaxmne these quarrtitie t ' of the status of8re Biel suppSy Or**=M lrt prat 'to riueet'due ARFR in each year of the proposed< operFacility. Use thecategories below to describe the current arrangement for securing the AFR. Category Description of Fuel Supply Arrangement fuel is from a;filly developed. owned i- source owned by one or more of the project participants contract = fully executed firm fuel contract exists between the developer(s) and fuel supplier(s) LOI - a letter ofintent for the fuel supply exists between developer(s) and fuel supplier(s) REF = renewable energy facility will bum biomass; waste, or another renewable resource spot=: fuel supply will be purchased on the spot market none = no firm fuel supply arrangement currerrtly in,place other= fuel supplyanwWmentwtl444,gots 9ftheabovecategories(pleasedescribe) r Indicate the percentage of the Facility's AF.lR.v&ch is covered by, the above fuel supply arrangement(s) for each. proposed: operating year. The percent of AFR covered for each operating year must total 100%. For fuel supply arrangements identified as owned co»trao; cfr I,UI, provide documentation to support this category and explain the fuel price mechanism of tha arrangement. In addititm , indicate whether or not the fuel price includes delivaryv4,if so, to what location. • Describe fuel transirortation networks available for delivering all primary and secordlary;fuel to the Facility site. Indicate the mode, route and distance of each segment of the journey,, from fuel source to the Energy Facility site. Discuss the current status and pertinent factors impacting future availability of the transportation network. 4 Provide annual fuel transportation requirements (AFTR) necessary to support planned levdo 4f*0*00 and list the assumptions used.todetermine these quantities. • Provide a summary of the 'statics of dre fuel trMipottaiiun arrangements in place to meet' 1lie' A#rR in each year of the proposed operating life of the Energy Facility. Use the categories below to describe the current arrangement, for securing the AF'fR. owned`= fuel transport via a fully developed system owned by one or more of the project participants contract fully executed firm transportation.mitract:exiata between the developer(s) and fuel transporter(s) I,QI a letter of intent for fuel transpott eloper(s) and fuel transporters) Spot = fuel transportation will be pure arket none no firm fuel transportation arrangement currently in place other- fuel transportation arrangement whiclidoeatiot fit_any of * above;begcries (please describe) • lntiioate• the percentage of the Facility's AA which is coverad',by the above fud, supply armngement('s) for each proposed: operating year. The percent of AFR covered for each operating year must total 100%. For fuel supply arrangements identified: as owned, contract, tar LM ptm* documentation to supportAtlas category and explain the transportation price mechapism OT, the arrangement; W Provide the maximum, min mum, and average fuel mventorylevels to be maintained for primary and secondary fuels at the Facility site. List the assumptions used in determining the inventory levels. (ContinuedonSheet 14. Issuedby- S. E, Rom igx Director, Rates and'Tariff's Effedivei May -22,;W ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 45 W. PIrAW uIs1 WTCtIAB1 YICONTWUAKUMI Attachment A Page 40 of 42 Provide OA'f t!g gpert charadier stipa*O,# detailed explanation supporting the perfmmarece capabilities indicated. .Ramp Ra*NW/mitu*) 'Peak Capability (Vo above Committed Capacity) ♦' btimum powealevel (°% of Committed Capacity) ♦: ,Facility Turnaround Time, Hotto Hot (houm) ♦ Start-up Time from Cold Shutdo #ws) t Unit lin$.# qAes(y?)- i MW and MYAR Control (MC, M..A @%ass exii .)) V. Sr!'DUGAND LICENSING • Provide a licensing/permitting milestone schedule which lists all permits, licenses and variances required to site the Facility— The milestone schedule,shall also identify key milestone dates for baseline monitorin , application preparefipN agency tevieak certification and hemsinglsiting board approval, and agency permit issuance. • Provide a licensing/penuitting plan that addresses the issues of air emissions; water use, wastewater discharge, wetlw*, endangered species, protected properties, solid waste, surrounding land use, zoning for the Facility, associated linear facilities;. and support of and opposition to the Facility. • last the emission/effluent discharge limits the Facility will meet, and describe in detail the p lltU'�S?rt entero toprga t4r.tt used to meet these limits. A .VMi'v"t TY bEVELOPMENT AND PERFORMANCE • Submit:'a detailed engineering, procurement, construction, startup .and commercial operation schedule. The schedule abaft, include milestones for site acquisition, engineering phases, selection of the major equipment vendors, architect engineer, EP( contractor, and Facility operator, steam hostmtegration, and delivery of major equipment. A discussion of the current status i each milestone should also be included where applicable. Attach a diagram of the power block arrangement. Provide a list of the major equipment vendors and the name and model number of the major equipment to be, installed. * Provide a detailed Atscrip6en6ftha'ptoposed environmental control technology fa &.Vacilrty and describe the capabilities ofthe proposed technology, +r AtWIt preliminary flow diagrams for the steam system, water system, and fuel system, and amain electrical one line for'the Facility. s; State the expected haat sats OW`,at '75. degrees Fahrenheit for loads of 100%, 7594, and 50%. In addition, attach w preliminary heat balms fdr the Fetidly; • OTE, g gity' Leq*e"ttls:sGl"1# dymonstrat tg that the facility 00.19e1! "WOW atlleaj (Continued on Sheet No,10,318) Alyn S. F Romig,Director, Rates and Tariffs VIAOWV�,: May 22, 2007 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 46 ( omirnred from Sheetft 1413114 Attachment A Page 41 of 42 Sheet No.10.318 VM FINANCIAL • Provide FPL with assurances that the proposed QS project is financially viable consistent with FPSC Rule 25.17.0832(4) (c) by attaching a detailed pro -forma cash flow analysis. The pro -forma must include, at a minimum, the following assumptions J,r each year of the project. Ari meal Project Revenues • Capacity Payments (S and $/KW/Mo) • Variable O&M ($ and $/MWIt) • Energy ($ and $/MWI# Steam Revenues ($ and •�i/lli + Tippirtg'Fees ($ uutd $/ton)- 4 Interest Income • Other Revenues • Variable O&M Escalation • 'Variable • Steam Escalation (Wdyr' • Tippin Ido Escalat a .W i Amoral Project'Er€gerses 9 find O&M ($ and'$/KW/Mo) V %riable;O&M ($ and $/MWb) .0 Energy ($ and $/MWb)- Property Taxes M, • Insurance 0) • Emission CArgI}(jatreL �:$1} • Depreciation ($ auul°lJyi) • tither Expenses.($) • Fixed O&M Escalation (am) + Variable O&M Escalatipa". • Energy Escalation (%/yr) i Other 'Project Information . • Installed Cost of the Energy Facility ($ and $/KW) • Committed Capacity (KW) 4 Average Heat Rate - HHV (MBTU/KWh) e Federal Income Tax Rate (F¢) Facility Capacity Factor (! ) r EneWSoldtoFPL :(MWI *- Pint financing r Permanent Finaruting Term (yrs) • Project Capital Stracture (percentage oflong-term debt, subordinated debt, tax exemptdebt, and equity) • Financing Costs (cost of long-term debt; subordinated debt, tax exempt debt, and equity) • Annual lnterestExpense • Annual. Debt Service ($) • Amortization Schedule (beginning balance; iriterest expense, principal reduction, ending balance) • Provide details of the financing plan for the project and indicate whether the project will be non-recourse project financed. If it willnot Wproject financedplease explain the alternative financing arrangement. • Submit financial statements for the last twQ-ye@rspithgplispftlt;p@t, attdpoYjtle;}tt}llustxppptilpgpQjt ownership structure. Ussuied by: & ;E.Romig, Director, Rates and Tariffs Metim May 22, 2007 ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 47 APPENDIX L 'i`%i?IMOTANDARD OFFER CMMMM, COMMM OPTIONS TO BE SELEMD BYQS Term of Contract Execution date Termination date Firm Capacity Rates Commencement date fpr defivs,4e0.of Firm Energy And Capacity_ Capacity Payment Option Seleaetl (from.available Options A through E) Mption E is seleotad proposed payment stream: Attachment A Page 42 of 42 t*04010 of0spacity Payments to be provided by the Company based on applicable parameters follows: Year SIKWIMonth lll:Yt*"Tiaras Energy payment Options selected applicable to energy produced by the QS and delivered to the Company (from available Option A or B and D) Select from Option or B And Seleot D if'Opiioa b1s; selected by the QS; the Compa*-itad*eT :mutually agree on fixing and amorti7ing the fb1kiwin9VM%g; of the Base Energy Costs associated with the Avcideif 1 A, �o whichyields MW'H. Pmjoded,Energy Cost -of Energy Produced j 'Avoided Unit (provided by the may% projected Fixed `berev Cost (in :Cents+tKWH:or in Dol W, 1 oneCtions of Energy Costa Produced by the A�oidM Unit and the mutually l rtion o€ a Energy Costs associated with the Avoided Unit the Fixed Energy Pa;nn iNl VMWH or$ (as applicable). issued by: S.F_ Romig, Director, Rates and Tariffs Effective: Afay2;2"7 SEBASTIAN RIVER IMPROVEMENT DISTRICT c/o Special District Services, Inc. 2501 Burns Road, Suite A Palm Beach Gardens, Florida 33410 (561) 630-4922 Fax: (561) 630-4923 June 16, 2023 VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED Clerk of the Circuit Court Indian River County P.O. Box 1028 Vero Beach, FL 32961-1028 Re: Sebastian River Improvement District To Whom It May Concern: � (e Jib '.23 -059 j r. , a6a3 qv mut4l"b Pursuant to Florida law, enclosed please find a copy of the following document relative to the above referenced improvement district: 1. Proposed Budget for Fiscal Year 2023/2024 (October 1, 2023 — September 30, 2024) If you have any questions and/or comments, please do not hesitate to contact our office. Sincerely, SPECIAL DISTRICT SERVICES, INC. Laura J. ArcCr Enclosure MWIT0,413,11, (,t>> 1�wa Proposed Budget For Fiscal Year 2023/2024 October 1, 2023 - September 30, 2024 CONTENTS PROPOSED BUDGET ,3-6l PROPOSED BUDGET SEBASTIAN RIVER IMPROVEMENT DISTRICT FISCAL YEAR 2023/2024 OCTOBER 1, 2023 - SEPTEMBER 30, 2024 Notes Assessable Acres = 10,046 FY 2021 Assessment per Acre = $22.50 FY 2021 Budgeted Carryover Funding Assessment per Acre= $4.21 FY 2022 Assessment per Acre = $30.70 FY 2022 Budgeted Carryover Funding Assessment per Acre = $0.00 FY 2023 Assessment per Acre = $30.70 FY 2023 Budgeted Carryover Funding Assessment per Acre = $0.00 FY 2024 Assessment per Acre = $30.70 FY 2024 Budgeted Carryover Funding Assessment per Acre = $0.00 FUND BALANCE AS OF 9/30/21 FISCAL YEAR FISCAL YEAR -FI $C , ;EAR.. 622,558.00 202112022 2022/2023 ¢ REVENUES ACTUAL BUDGET COMMENTS NAV ASSESSMENTS 319,968 308,436 .q 10,046 Acres Q $30.70 R -O -W USE FEES 25,515 16,765 PERMIT FEES 34,363 5.000 r OTHER REVENUES 504,07 0 INTEREST INCOME 5,720 96011Interest Projected At $100 Per Month TOTAL REVENUES $ 889,639 $ 331 161 :5401 1 EXPENDITURES LEGAL 41,082 20,000 ''` "''"`. 20 000 No Change From 2022/2023 Budget LEGAL - SPECIAL COUNSEL 194,152 0 = ` 0 Fiscal Year 2021/2022 Expenditure EXPERT CONSULTANT FEES 86,859 0 s '' `" ' " 0 Fiscal Year 2021/2022 Expenditure DISTRICT ADMINISTRATIVE 27,000 30,000 k r' ' 000 $2,500 Per Month OPERATIONS MANAGER 21,000 21,000 "' 1 000 No Chan a From 2022/2023 Budget OPERATIONS MANAGER - PAYROLL TAXES 1,607 1 607. +` - s 607 Operations Manager •7.65% ENGINEERING /GENERAL 58,313 45,000 55 000 FY 2022/2023 Ex enditure Thr --h ril 2023 Was $33,720 ENGINEERING /PERMIT 0 5 000 ''`'." 5 000 No Chan a From 2022/2023 Budget ENGINEERING /OTHER 18,210 42,900 32 000 $10,900 Decrease From 2022/2023 Budget ACCOUNTING / AUDIT 5,10 5 200 5 300 Accented Amount For 2022/2023 Audit INSURANCE 7,196 20 000 15 000 FY 2022/2023 Expenditure Was $9,090 WEBSITE MANAGEMENT 2,000 2 000 2 000 No Chan a From 2022/2023 Bud et DUES & SUBSCRIPTIONS 175 925 925 $175 For Dept Of Economic Opportunity - $750 For FL Assoc Special Distdcb LEGAL ADVERTISEMENTS 1,034 1 150 ""r ° 1 150 No Chan a From 2022/2023 Bud et MISCELLANEOUS 3,243 4100'"` 4 163 Includes Travel Post--- osta aWATER WATERQUALITY ANALYTICAL SERVICE 1,056 1 000 1 000 Quarterly Service MAINTENANCE CONTRACT(ROW) 118,47 110273 '' < ' 25 000 Includes Bank Mowin , Canal Maintenance & ROW Maintenance Evaluation MISCELLANEOUS MAINTENANCE 900 2 500 "'"• 2 500 No Chan a From 2022/2023 Budget TOTAL EXPENDITURES $ 587,401 $ 312 655 7Za 321 645 REVENUES LESS EXPENDITURES $ 302,238 $ 18808 18 506 COUNTY APPRAISER & TAX COLLECTOR FEE (1,791) 6,169 Two Percent Of Total Assessment Roll DISCOUNTS FOR EARLY PAYMENTS 10,140 12 337' Four Percent Of Total Assessment Roll EXCESS/ SHORTFALL $ 290,307 $ PREVIOUS YEAR CARRYOVER - 1 > Comes from Current Fund Balance NET EXCESS/ SHORTFALL 290.3071$ Oil Notes Assessable Acres = 10,046 FY 2021 Assessment per Acre = $22.50 FY 2021 Budgeted Carryover Funding Assessment per Acre= $4.21 FY 2022 Assessment per Acre = $30.70 FY 2022 Budgeted Carryover Funding Assessment per Acre = $0.00 FY 2023 Assessment per Acre = $30.70 FY 2023 Budgeted Carryover Funding Assessment per Acre = $0.00 FY 2024 Assessment per Acre = $30.70 FY 2024 Budgeted Carryover Funding Assessment per Acre = $0.00 FUND BALANCE AS OF 9/30/21 $ 622,558.00 PROJECTED FY 2021/2022 BUDGET ACTIVITY $ 290,307.00 PROJECTED FUND BALANCE AS OF 9/30/22 $ 912 865.00 FUND BALANCE AS OF 9/30/22 $ 912 865.00 PROJECTED FY 2022/2023 BUDGET ACTIVITY Is PROJECTED FUND BALANCE AS OF 9/30/23 1 $ 912 865.00 13 -5z q W IIIIIIIIIIIIIIINIIIIIIIII�IIIIIaVeI ?021 19,0 0001 9961 4209 C 't 5 c CDn O¢cn 0 p , O CD CD r 00 o s w � N � �• O 00 t7- �� H 1 w w O FIRST• G< S s: ONC O W •, VVV���1 CO � O Of 40 m co� zQ N W La O 1 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27b Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: June 15, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 9, 2023 to June 15, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of June 9, 2023 to June 15, 2023. 14 Ra lei Or I W"MAN 14109COI TRANS NBR DATE VENDOR AMOUNT 437458 06/09/2023 CALIFORNIA STATE DISBURSEMENT UNIT 305.19 437459 06/09/2023 AMERITAS 34,224.16 437460 06/09/2023 COMMONWEALTH OF MASSACHUSETTS 154.00 437461 06/09/2023 P&AADMINISTRATIVE SERVICES INC 489.00 437462 06/09/2023 NORTH DAKOTA CHILD SUPPORT 228.47 437463 06/15/2023 REPUBLIC SERVICES INC 580,942.67 437464 06/15/2023 ATKINS NORTH AMERICA INC 10,631.24 437465 06/15/2023 INTERNATIONAL GOLF MAINTENANCE INC 990.00 437466 06/15/2023 WASTE MANAGEMENT INC 218,125.55 437467 06/15/2023 G K ENVIRONMENTAL INC 3,800.00 437468 06/15/2023 ATLANTIC ROOFING II OF VERO BEACH INC 97,961.26 437469 06/15/2023 SOUTHERN MANAGEMENT LLC 1,975.00 437470 06/15/2023 REI ENGINEERS INC 1,507.50 437471 06/15/2023 ANFIELD CONSULTING GROUP INC 10,000.00 437472 06/15/2023 CENTERLINE UTILITIES INC 303,522.48 437473 06/15/2023 BOWMAN CONSULTING GROUP LTD 16,750.00 437474 06/15/2023 J -MAC CLEANING SERVICES INC 5,591.66 437475 06/15/2023 CLEAN SPACE INC 15,995.96 437476 06/15/2023 INDIAN RIVER SUSTAINABILITY CENTER LLC 104,909.23 437477 06/15/2023 SPIEZLE ARCHITECTURAL GROUP INC 11,240.00 437478 06/15/2023 ACP FACILITY SERVICES 11,736.91 437479 06/15/2023 BECKER & POLIAKOFF PA 7,500.00 437480 06/15/2023 UTIL REFUNDS 52.55 437481 06/15/2023 UTIL REFUNDS 54.41 437482 06/15/2023 UTIL REFUNDS 3.12 437483 06/15/2023 UTIL REFUNDS 14.51 437484 06/15/2023 UTIL REFUNDS 21.12 437485 06/15/2023 UTIL REFUNDS 224.71 437486 06/15/2023 UTIL REFUNDS 77.17 437487 06/15/2023 UTIL REFUNDS 4.67 437488 06/15/2023 UTIL REFUNDS 43.76 437489 06/15/2023 UTIL REFUNDS 76.25 437490 06/15/2023 UTIL REFUNDS 78.68 437491 06/15/2023 UTIL REFUNDS 66.62 437492 06/15/2023 UTIL REFUNDS 40.11 437493 06/15/2023 UTIL REFUNDS 28.70 437494 06/15/2023 UTIL REFUNDS 16.08 437495 06/15/2023 UTIL REFUNDS 34.67 437496 06/15/2023 UTIL REFUNDS 4.21 437497 06/15/2023 UTIL REFUNDS 15.26 437498 06/15/2023 UTIL REFUNDS 144.63 437499 06/15/2023 UTIL REFUNDS 168.34 437500 06/15/2023 UTIL REFUNDS 505.03 437501 06/15/2023 UTIL REFUNDS 285.99 437502 06/15/2023 UTIL REFUNDS 11.41 437503 06/15/2023 UTIL REFUNDS 3.82 437504 06/15/2023 UTIL REFUNDS 90.01 437505 06/15/2023 UTIL REFUNDS 79.61 437506 06/15/2023 UTIL REFUNDS 30.96 437507 06/15/2023 UTIL REFUNDS 64.24 437508 06/15/2023 UTIL REFUNDS 34.92 437509 06/15/2023 UTIL REFUNDS 45.47 437510 06/15/2023 UTIL REFUNDS 184.56 437511 06/15/2023 UTIL REFUNDS 22.89 437512 06/15/2023 UTIL REFUNDS 16.60 437513 06/15/2023 UTIL REFUNDS 76.36 15 TRANS NBR DATE VENDOR AMOUNT 437514 06/15/2023 UTIL REFUNDS 48.77 437515 06/15/2023 UTIL REFUNDS 13.64 437516 06/15/2023 UTIL REFUNDS 32.04 437517 06/15/2023 UTIL REFUNDS 50.48 437518 06/15/2023 UTIL REFUNDS 121.99 437519 06/15/2023 UTIL REFUNDS 4.47 437520 06/15/2023 UTIL REFUNDS 20.40 437521 06/15/2023 UTIL REFUNDS 55.20 437522 06/15/2023 UTIL REFUNDS 50.81 437523 06/15/2023 UTIL REFUNDS 63.08 437524 06/15/2023 UTIL REFUNDS 77.63 437525 06/15/2023 UTIL REFUNDS 6.08 437526 06/15/2023 UTIL REFUNDS 33.20 437527 06/15/2023 UTIL REFUNDS 114.49 437528 06/15/2023 UTIL REFUNDS 34.54 437529 06/15/2023 UTIL REFUNDS 37.32 437530 06/15/2023 UTIL REFUNDS 40.02 437531 06/15/2023 UTIL REFUNDS 45.16 437532 06/15/2023 UTIL REFUNDS 42.23 437533 06/15/2023 UTIL REFUNDS 46.97 437534 06/15/2023 UTIL REFUNDS 89.81 437535 06/15/2023 UTIL REFUNDS 83.21 437536 06/15/2023 UTIL REFUNDS 41.71 437537 06/15/2023 UTIL REFUNDS 16.07 437538 06/15/2023 UTIL REFUNDS 89.81 437539 06/15/2023 UTIL REFUNDS 95.36 437540 06/15/2023 UTIL REFUNDS 8.54 437541 06/15/2023 UTIL REFUNDS 45.34 437542 06/15/2023 UTIL REFUNDS 4.62 437543 06/15/2023 UTIL REFUNDS 71.95 437544 06/15/2023 UTIL REFUNDS 85.04 437545 06/15/2023 UTIL REFUNDS 61.54 437546 06/15/2023 UTIL REFUNDS 132.08 437547 06/15/2023 UTIL REFUNDS 11.50 437548 06/15/2023 UTIL REFUNDS 4.39 437549 06/15/2023 UTIL REFUNDS 45.26 437550 06/15/2023 UTIL REFUNDS 57.65 437551 06/15/2023 UTIL REFUNDS 4.31 437552 06/15/2023 UTIL REFUNDS 74.97 437553 06/15/2023 UTIL REFUNDS 29.40 437554 06/15/2023 UTIL REFUNDS 62.72 437555 06/15/2023 UTIL REFUNDS 86.08 437556 06/15/2023 UTIL REFUNDS 61.33 437557 06/15/2023 UTIL REFUNDS 18.09 437558 06/15/2023 UTIL REFUNDS 58.32 437559 06/15/2023 UTIL REFUNDS 43.16 437560 06/15/2023 UTIL REFUNDS 16.47 437561 06/15/2023 UTIL REFUNDS 87.30 437562 06/15/2023 UTIL REFUNDS 53.19 437563 06/15/2023 UTIL REFUNDS 9.58 437564 06/15/2023 UTIL REFUNDS 41.97 437565 06/15/2023 UTIL REFUNDS 61.25 437566 06/15/2023 UTIL REFUNDS 7.08 437567 06/15/2023 UTIL REFUNDS 26.19 437568 06/15/2023 UTIL REFUNDS 67.66 437569 06/15/2023 UTIL REFUNDS 90.28 437570 06/15/2023 UTIL REFUNDS 88.08 437571 06/15/2023 UTIL REFUNDS 44.38 437572 06/15/2023 UTIL REFUNDS 96.62 2 16 TRANS NBR DATE VENDOR AMOUNT 437573 06/15/2023 UTIL REFUNDS 41.39 437574 06/15/2023 AT&T WIRELESS 742.68 437575 06/15/2023 AT&T WIRELESS 147.92 437576 06/15/2023 AT&T WIRELESS 296.33 437577 06/15/2023 AT&T WIRELESS 157.28 437578 06/15/2023 AT&T WIRELESS 863.42 437579 06/15/2023 AT&T WIRELESS 172.92 437580 06/15/2023 AT&T WIRELESS 909.20 437581 06/15/2023 AT&T WIRELESS 217.05 437582 06/15/2023 CLERK OF CIRCUIT COURT 324.01 437583 06/15/2023 FLORIDA POWER AND LIGHT 17,496.95 437584 06/15/2023 FLORIDA POWER AND LIGHT 3,624.97 437585 06/15/2023 INDIAN RIVER FARMS WATER CNTRL DIST 498.75 437586 06/15/2023 ST LUCIE COUNTY BOCC 151,051.00 437587 06/15/2023 CELICO PARTNERSHIP 112.41 437588 06/15/2023 CELICO PARTNERSHIP 4,787.40 437589 06/15/2023 NATIONAL NOTARY ASSOCIATION 155.00 437590 06/15/2023 CK CONTRACTORS & DEVELOPMENT LLC 3,806.73 437591 06/15/2023 SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC 150.00 437592 06/15/2023 PIVOTAL UTILITY HOLDINGS INC 8,504.00 437593 06/15/2023 ALL AREA ROOFING & CONSTRUCTION INC 1,791.53 437594 06/15/2023 VB CUSTOM HOMES LLC 500.00 437595 06/15/2023 CASA AMIGO MEXICAN KITCHEN LLC 200.00 437596 06/15/2023 NEXT GENERATION VETERANS OF IRC 500.00 437597 06/15/2023 UTIL REFUNDS 37.11 437598 06/15/2023 UTIL REFUNDS 43.34 437599 06/15/2023 UTIL REFUNDS 55.72 437600 06/15/2023 UTIL REFUNDS 31.77 437601 06/15/2023 UTIL REFUNDS 39.89 437602 06/15/2023 UTIL REFUNDS 82.51 437603 06/15/2023 UTIL REFUNDS 80.88 437604 06/15/2023 UTIL REFUNDS 48.34 437605 06/15/2023 UTIL REFUNDS 110.01 437606 06/15/2023 UTIL REFUNDS 52.43 437607 06/15/2023 UTIL REFUNDS 50.00 437608 06/15/2023 UTIL REFUNDS 54.74 437609 06/15/2023 UTIL REFUNDS 50.50 437610 06/15/2023 UTIL REFUNDS 56.35 437611 06/15/2023 UTIL REFUNDS 83.21 437612 06/15/2023 UTIL REFUNDS 63.49 437613 06/15/2023 UTIL REFUNDS 38.94 437614 06/15/2023 UTIL REFUNDS 308.27 437615 06/15/2023 UTIL REFUNDS 24.22 437616 06/15/2023 UTIL REFUNDS 86.92 437617 06/15/2023 UTIL REFUNDS 41.92 437618 06/15/2023 UTIL REFUNDS 44.80 437619 06/15/2023 UTIL REFUNDS 39.52 437620 06/15/2023 UTIL REFUNDS 27.10 437621 06/15/2023 UTIL REFUNDS 33.91 437622 06/15/2023 UTIL REFUNDS 61.00 437623 06/15/2023 UTIL REFUNDS 113.40 437624 06/15/2023 UTIL REFUNDS 99.41 437625 06/15/2023 UTIL REFUNDS 85.46 437626 06/15/2023 UTIL REFUNDS 60.98 437627 06/15/2023 UTIL REFUNDS 91.74 437628 06/15/2023 UTIL REFUNDS 36.69 437629 06/15/2023 UTIL REFUNDS 9.19 437630 06/15/2023 UTIL REFUNDS 42.35 437631 06/15/2023 UTIL REFUNDS 53.27 3 17 TRANS NBR DATE VENDOR AMOUNT 437632 06/15/2023 UTIL REFUNDS 36.41 437633 06/15/2023 UTIL REFUNDS 63.40 437634 06/15/2023 UTIL REFUNDS 46.07 437635 06/15/2023 UTIL REFUNDS 52.49 437636 06/15/2023 UTIL REFUNDS 15.93 437637 06/15/2023 UTIL REFUNDS 73.67 437638 06/15/2023 UTIL REFUNDS 55.37 437639 06/15/2023 UTIL REFUNDS 54.85 437640 06/15/2023 UTIL REFUNDS 100.00 437641 06/15/2023 UTIL REFUNDS 86.44 437642 06/15/2023 UTIL REFUNDS 42.68 437643 06/15/2023 UTIL REFUNDS 699.42 437644 06/15/2023 UTIL REFUNDS 27.66 437645 06/15/2023 UTIL REFUNDS 85.17 437646 06/15/2023 UTIL REFUNDS 79.96 437647 06/15/2023 LENGEMANN CORP 38.97 437648 06/15/2023 TEN-8 FIRE EQUIPMENT INC 680.38 437649 06/15/2023 RANGER CONSTRUCTION IND INC 513.92 437650 06/15/2023 VERO CHEMICAL DISTRIBUTORS INC 1,154.65 437651 06/15/2023 HENRY SCHEIN INC 433.05 437652 06/15/2023 DATA FLOW SYSTEMS INC 339.20 437653 06/15/2023 PARALEE COMPANY INC 683.90 437654 06/15/2023 E-Z BREW COFFEE & BOTTLE WATER SVC 51.00 437655 06/15/2023 INDIAN RIVER BATTERY 614.50 437656 06/15/2023 GRAINGER 1,049.26 437657 06/15/2023 KELLY TRACTOR CO 1,480.14 437658 06/15/2023 SAFETY KLEEN SYSTEMS INC 840.18 437659 06/15/2023 GRAYBAR ELECTRIC CO INC 2,947.03 437660 06/15/2023 HACH CO 2,251.50 437661 06/15/2023 CLIFF BERRY INC 773.85 437662 06/15/2023 MEEKS PLUMBING INC 552.50 437663 06/15/2023 BOUND TREE MEDICAL LLC 29,327.75 437664 06/15/2023 DIVE RESCUE INC 333.14 437665 06/15/2023 TIRESOLES OF BROWARD INC 3,866.36 437666 06/15/2023 CALL ONE INC 79.98 437667 06/15/2023 CHILDCARE RESOURCES OF IRC INC 36,635.07 437668 06/15/2023 NEWMANS POWER SYSTEMS 968.08 437669 06/15/2023 COMPUTYPE INC 614.82 437670 06/15/2023 MIDWEST TAPE LLC 7,592.83 437671 06/15/2023 ODYSSEY MANUFACTURING CO 10,497.90 437672 06/15/2023 CENGAGE LEARNING INC 48.73 437673 06/15/2023 SUNSHINE REHABILATION CENTER OF IRC INC 1,210.00 437674 06/15/2023 CITY OF VERO BEACH 1,311.50 437675 06/15/2023 UNITED WAY OF INDIAN RIVER COUNTY 1,288.68 437676 06/15/2023 INDIAN RIVER ALL FAB INC 8,209.12 437677 06/15/2023 HOME DEPOT USA INC 535.97 437678 06/15/2023 FLORIDA GOVERNMENT FINANCE 60.00 437679 06/15/2023 LIVINGSTON PAGE 50.00 437680 06/15/2023 PUBLIX SUPERMARKETS 4.35 437681 06/15/2023 PUBLIX SUPERMARKETS 9.58 437682 06/15/2023 WEST PUBLISHING CORPORATION 202.32 437683 06/15/2023 FEDERAL EXPRESS CORP 111.36 437684 06/15/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 3,274.65 437685 06/15/2023 COMO OIL COMPANY OF FLORIDA 142.48 437686 06/15/2023 FLORIDA POWER AND LIGHT 22,758.51 437687 06/15/2023 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 437688 06/15/2023 CITY OF FELLSMERE 293.88 437689 06/15/2023 PEACE RIVER ELECTRIC COOP INC 230.70 437690 06/15/2023 NEW HORIZONS OF THE TREASURE COAST 29,379.50 4 18 TRANS NBR DATE VENDOR AMOUNT 437691 06/15/2023 COMPLETE ELECTRIC INC 539.50 437692 06/15/2023 ESRI INC 2,553.00 437693 06/15/2023 HENRY SMITH 75.00 437694 06/15/2023 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 34.65 437695 06/15/2023 IRONSIDE PRESS LLC 396.00 437696 06/15/2023 DAVCO ELECTRICAL CONTRACTORS CORP 1,797.00 437697 06/15/2023 SYMBIONT SERVICE CORP 827.94 437698 06/15/2023 BRIDGESTONE AMERICAS INC 49.99 437699 06/15/2023 MIDWEST MOTOR SUPPLY CO 777.44 437700 06/15/2023 HULETT ENVIRONMENTAL SERVICES 300.00 437701 06/15/2023 CONTROL SYSTEMS DESIGN INC 6,328.21 437702 06/15/2023 POLYDYNE INC 3,749.00 437703 06/15/2023 BIG BROTHERS AND BIG SISTERS 8,099.20 437704 06/15/2023 FLORIDA RURAL LEGAL SERVICES INC 2,660.80 437705 06/15/2023 FASTENAL COMPANY 34.10 437706 06/15/2023 THE SHERWIN WILLIAMS CO 131.18 437707 06/15/2023 SOUTHERN JANITOR SUPPLY INC 2,378.73 437708 06/15/2023 ETR LLC 275.56 437709 06/15/2023 GLOVER OIL COMPANY INC 46,067.08 437710 06/15/2023 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 9,862.51 437711 06/15/2023 BOTTOM LINE PERSONAL 39.00 437712 06/15/2023 C W NIELSEN MFG CORP 486.00 437713 06/15/2023 LARRY STEPHENS 125.00 437714 06/15/2023 GERELCOM INC 9,485.00 437715 06/15/2023 CAROLE J MADIGAN 1,500.00 437716 06/15/2023 ORCHID ISLAND PROPERTY MGMT II INC 1,350.00 437717 06/15/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 2,646.51 437718 06/15/2023 PAK MAIL 196.64 437719 06/15/2023 JOHNNY B SMITH 105.00 437720 06/15/2023 CEMEX INC 492.11 437721 06/15/2023 REDLANDS CHRISTIAN MIGRANT ASSOC 10,906.84 437722 06/15/2023 PETER J CASSARA 3,450.00 437723 06/15/2023 AFFORDABLE WATER & COFFEE SVC 37.50 437724 06/15/2023 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 10,226.08 437725 06/15/2023 AMERIMARK INC 8,909.33 437726 06/15/2023 DANA SAFETY SUPPLY INC 604.89 437727 06/15/2023 YOUTH GUIDANCE DONATION FUND OF IRC INC 4,625.92 437728 06/15/2023 NICOLACE MARKETING INC 7,203.00 437729 06/15/2023 PR DIAMOND PRODUCTS INC 272.00 437730 06/15/2023 BRENNTAG MID-SOUTH INC 4,579.39 437731 06/15/2023 STAT MEDICAL DISPOSAL INC 735.00 437732 06/15/2023 TREASURE COAST ENGINEERING 800.00 437733 06/15/2023 CREATIVE POWER SOLUTIONS INC 690.00 437734 06/15/2023 EARTHBALANCE CORPORATION 10,900.00 437735 06/15/2023 FLORIDA COAST EQUIPMENT INC 95.26 437736 06/15/2023 OVERDRIVE INC 1,410.93 437737 06/15/2023 VERO BEACH PARTNERSHIP 400.00 437738 06/15/2023 ALAN JAY CHEVROLET CADILLAC 29,246.00 437739 06/15/2023 GFA INTERNATIONAL INC 30,317.50 437740 06/15/2023 JOSHUA HARVEY GHIZ 3,760.00 437741 06/15/2023 NEWSOM OIL COMPANY 932.50 437742 06/15/2023 ALAN JAY FORD LINCOLN MERCURY INC 71,508.00 437743 06/15/2023 CARDINAL HEALTH 110 INC 14.86 437744 06/15/2023 MUNICIPAL EMERGENCY SERVICES INC 2,780.97 437745 06/15/2023 BURNETT LIME CO INC 3,779.82 437746 06/15/2023 STRAIGHT OAK LLC 89.52 437747 06/15/2023 STEWART & STEVENSON FDDA LLC 6,247.38 437748 06/15/2023 CHEMTRADE CHEMICALS CORPORTATION 4,693.74 437749 06/15/2023 STS MAINTAIN SERVICES INC 28,734.40 5 19 TRANS NBR DATE VENDOR AMOUNT 437750 06/15/2023 SYLVIA MILLER 72.00 437751 06/15/2023 THE TRANSIT GROUP INC 3,348.00 437752 06/15/2023 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 134.76 437753 06/15/2023 JDS GRAPHICS DESIGN INC 257.68 437754 06/15/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 222.52 437755 06/15/2023 GOTTA GO GREEN ENTERPISES INC 89.83 437756 06/15/2023 CROSSOVER MISSION INC 7,083.00 437757 06/15/2023 EASTERN PIPELINE CONSTRUCTION INC 21,697.50 437758 06/15/2023 CDW LLC 120.21 437759 06/15/2023 MATHESON TRI-GAS INC 28,084.21 437760 06/15/2023 COLE AUTO SUPPLY INC 878.83 437761 06/15/2023 GARLAND DBS INC 120,715.35 437762 06/15/2023 KONICA MINOLTA BUSINESS SOLUTIONS 622.85 437763 06/15/2023 DAY DREAMS UNIFORMS INC 192.81 437764 06/15/2023 BEST CHOICE PROFESSIONAL CLEANING LLC 2,025.00 437765 06/15/2023 FLORIDA BULB & BALLAST INC 1,093.50 437766 06/15/2023 RELX INC 426.40 437767 06/15/2023 SSE ASSOCIATES INC 3,150.00 437768 06/15/2023 CORE & MAIN LP 27,158.18 437769 06/15/2023 BOTTOMS UP BEVERAGE OF FLORIDA LLC 1,032.00 437770 06/15/2023 ENGINEERED SERVICES INC 325.35 437771 06/15/2023 DIRECTV GROUP INC 97.14 437772 06/15/2023 AMAZON CAPITAL SERVICES INC 4,130.89 437773 06/15/2023 PACE ANALYTICAL SERVICES LLC 453.60 437774 06/15/2023 AMERIGAS PROPANE LP 7,574.28 437775 06/15/2023 METROPOLITAN COMMUNICATION SERVICES INC 786.00 437776 06/15/2023 JORDAN POWER EQUIPMENT CORP 725.61 437777 06/15/2023 LIFE EXTENSION CLINICS INC 106,500.00 437778 06/15/2023 PC SOLUTIONS & INTEGRATION INC 31,270.00 437779 06/15/2023 MULLINAX FORD OF VERO BEACH 330.57 437780 06/15/2023 SEBASTIAN RIVER ROWING INC 3,000.00 437781 06/15/2023 R&S RADIO LLC 400.00 437782 06/15/2023 SAFEWARE INC 1,268.19 437783 06/15/2023 SOUTH CENTRAL PLANNING & DEVELOPMENT COMM 4,583.33 437784 06/15/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 1,031.64 437785 06/15/2023 STAPLES INC 828.05 437786 06/15/2023 LOWES COMPANIES INC 3,367.99 437787 06/15/2023 SMI TRADING LLC 361.33 437788 06/15/2023 GOOD SPORTSMAN MARKETING LLC 564.05 437789 06/15/2023 ROBERT A HUDSON 75.00 437790 06/15/2023 BMC SOFTWARE INC 4,331.23 437791 06/15/2023 THEODORE SEMI 125.00 437792 06/15/2023 QUADMED INC 15.30 437793 06/15/2023 PALFINGER US HOLDING INC 1,181.35 437794 06/15/2023 J-MAC CLEANING SERVICES INC 433.33 437795 06/15/2023 BRITTON INDUSTRIES INC 372.82 437796 06/15/2023 JUNIPER LANDSCAPING OF FLORIDA LLC 7,298.00 437797 06/15/2023 FUN EXPRESS LLC 39.96 437798 06/15/2023 LAWRENCE F WALLIN 105.00 437799 06/15/2023 VERO COLLISION II LLC 4,249.94 437800 06/15/2023 HIREQUEST LLC 13,273.75 437801 06/15/2023 PETERBILT STORE SOUTH FLORIDA LLC 465.20 437802 06/15/2023 A TEAM OF THE TREASURE COAST INC 860.00 437803 06/15/2023 CER SIGNATURE CLEANING LLC 2,100.00 437804 06/15/2023 CLEAN SPACE INC 455.00 437805 06/15/2023 DOBBS EQUIPMENT LLC 4,649.72 437806 06/15/2023 SCOTT B MCKINLEY 150.00 437807 06/15/2023 AUAES INC 20,057.00 437808 06/15/2023 GOMEZ BROTHERS CONTRACT SERVICES 1,278.00 6 20 TRANS NBR DATE VENDOR AMOUNT 437809 06/15/2023 BTAC HOLDING CORP 4,800.06 437810 06/15/2023 CONSOLIDATED WATER GROUP LLC 47.89 437811 06/15/2023 CONSOLIDATED WATER GROUP LLC 58.51 437812 06/15/2023 BRIGHTVIEW LANDSCAPE SERVICES INC 3,200.00 437813 06/15/2023 JEFFERYHOGUES 4,100.00 437814 06/15/2023 KERNER LLC 8,250.00 437815 06/15/2023 OCP COMMUNITY OUTREACH INC 7,690.58 437816 06/15/2023 TAYLOR NELSON AUXIER 75.00 437817 06/15/2023 PREMIER NURSERIES LLC 3,641.36 437818 06/15/2023 XEROX CORPORATION 413.01 437819 06/15/2023 BLUETARP FINANCIAL INC 697.84 437820 06/15/2023 WHIPPS INC 1,500.00 437821 06/15/2023 SUBSTANCE ABUSE COUNCIL OF IRC 14,108.49 437822 06/15/2023 TALEWISE LLC 475.00 437823 06/15/2023 GIS WORKSHOP LLC 4,250.00 437824 06/15/2023 JOHN DIGIACOMO 125.00 437825 06/15/2023 BATES AIR & HEAT LLC 221.12 437826 06/15/2023 LF STAFFING SERVICES INC 5,529.09 437827 06/15/2023 CYNTHIA WOLD 225.00 Grand Total: 2,677,127.86 7 21 TRANS NBR DATE 902721 06/15/2023 902722 06/15/2023 902723 06/15/2023 902724 06/15/2023 902725 06/15/2023 902726 06/15/2023 902727 06/15/2023 902728 06/15/2023 Grand Total: RENTAL ASSISTANCE CHECKS WRITTEN VENDOR FORT PIERCE HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY CELICO PARTNERSHIP ORCHARD GROVE VENTURE LLC VERO BEACH LEASED HOUSING ASSOC III LLLP STARWOOD REIT OPERATING PARTNERSHIP LP STAPLES INC XEROX CORPORATION AMOUNT 864.38 565.00 1.16 327.00 918.00 974.00 141.98 363.28 4,154.80 1 22 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020705 06/13/2023 AT&T CORP 6.87 1020706 06/13/2023 AT&T CORP 6.87 1020707 06/13/2023 AT&T CORP 1,618.77 1020708 06/13/2023 AT&T CORP 971.00 1020709 06/13/2023 OFFICE DEPOT INC 4,851.12 1020710 06/13/2023 COMCAST 368.45 1020711 06/13/2023 WASTE MANAGEMENT INC OF FLORIDA 2,903.63 1020712 06/15/2023 PARKS RENTAL & SALES INC 364.95 1020713 06/15/2023 INDIAN RIVER OXYGEN INC 277.60 1020714 06/15/2023 RING POWER CORPORATION 5,045.38 1020715 06/15/2023 DEMCOINC 545.88 1020716 06/15/2023 MIKES GARAGE & WRECKER SERVICE INC 385.00 1020717 06/15/2023 WATER SAFETY PRODUCTS INC 3,291.30 1020718 06/15/2023 GALLS LLC 616.41 1020719 06/15/2023 IRRIGATION CONSULTANTS UNLIMITED INC 208.66 1020720 06/15/2023 GROVE WELDERS INC 664.62 1020721 06/15/2023 JOHN DEERE COMPANY 65,206.68 1020722 06/15/2023 DLT SOLUTIONS LLC 207.70 1020723 06/15/2023 PRIDE ENTERPRISES 224.00 1020724 06/15/2023 HYDRA SERVICE (S) INC 3,139.80 1020725 06/15/2023 WRIGHT FASTENER COMPANY LLC 186.00 1020726 06/15/2023 HORIZON DISTRIBUTORS INC 485.64 1020727 06/15/2023 UNIFIRST CORPORATION 2,660.64 1020728 06/15/2023 ALLIED DIVERSIFIED OF VERO BEACH LLC 100.00 1020729 06/15/2023 GUARDIAN ALARM OF FLORIDA LLC 4,518.10 1020730 06/15/2023 NEXAIR LLC 115.56 1020731 06/15/2023 EFE INC 2,029.55 1020732 06/15/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 106.92 1020733 06/15/2023 CARLON INC 526.00 1020734 06/15/2023 FIRST HOSPITAL LABORATORIES INC 76.00 1020735 06/15/2023 HD SUPPLY INC 17.38 Grand Total: 101,726.48 1 23 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10560 06/09/2023 KIMLEY HORN & ASSOC INC 25,077.50 10561 06/09/2023 IRC FIRE FIGHTERS ASSOC 10,184.66 10562 06/09/2023 TIMOTHY ROSE CONTRACTING INC 7,133.41 10563 06/09/2023 PUBLIC DEFENDER 4,291.82 10564 06/09/2023 FLORIDA DEPARTMENT OF REVENUE 21,663.21 10565 06/09/2023 FLORIDA DEPARTMENT OF REVENUE 2,033.23 10566 06/09/2023 FLORIDA DEPARTMENT OF REVENUE 3,739.89 10567 06/09/2023 FLORIDA DEPARTMENT OF REVENUE 2,344.67 10568 06/09/2023 EDH HOLDINGS LLC 685.58 10569 06/09/2023 HEALTH ADVOCATE SOLUTIONS INC 3,521.55 10570 06/12/2023 LINCOLN RETIREMENT 95,738.27 10571 06/12/2023 FL SDU 3,135.73 10572 06/12/2023 IRS -PAYROLL TAXES 579,841.18 10573 06/14/2023 HUMANE SOCIETY 43,000.00 10574 06/14/2023 VEROTOWN LLC 20,530.13 10575 06/15/2023 FIRST AMERICAN TITLE INSURANCE CO 54,423.00 10576 06/15/2023 OCEANSIDE TITLE & ESCROW 50,000.00 10577 06/15/2023 ATLAS ORGANICS INDIAN RIVER LLC 320,476.70 10578 06/15/2023 SEGAL, BARRY G 1,081,420.35 Grand Total: 2,329,240.88 1 24 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 27`h Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: June 22, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 16, 2023 to June 22, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of June 16, 2023 to June 22, 2023. 25 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 437828 06/16/2023 BTAC HOLDING CORP 1,280.39 437829 06/22/2023 NAEMT 300.00 437830 06/22/2023 RICHARD MECKES 27.12 437831 06/22/2023 BRIAN FREEMAN 154.85 437832 06/22/2023 RACE TO SAFETY TRAINING LLC 700.00 437833 06/22/2023 SHELBY BALL 126.92 437834 06/22/2023 DIANE LYSTLUND 122.43 437835 06/22/2023 KIMBERLY K MOIRANO 12.99 437836 06/22/2023 RYAN LLOYD 213.89 437837 06/22/2023 SEAN LIESKE 11.00 437838 06/22/2023 JOHN TITKANICH 638.24 437839 06/22/2023 GIL PLOURDE 189.24 437840 06/22/2023 JOBEAR CONTRACTING INC 89,410.93 437841 06/22/2023 THE TRANSIT GROUP INC 16,697.85 437842 06/22/2023 CONSOR ENGINEERS LLC 143,076.91 437843 06/22/2023 CW ROBERTS CONTRACTING INC 1,040,340.55 437844 06/22/2023 AT&T WIRELESS 345.84 437845 06/22/2023 AT&T WIRELESS 297.60 437846 06/22/2023 CLERK OF CIRCUIT COURT 248.40 437847 06/22/2023 CLERK OF CIRCUIT COURT 35.50 437848 06/22/2023 HOME DEPOT USA INC 374.85 437849 06/22/2023 AT&T CORP 1,264.82 437850 06/22/2023 AT&T CORP 950.78 437851 06/22/2023 INDIAN RIVER COUNTY UTILITIES 243.93 437852 06/22/2023 SHERILEE D PARSELL 715.50 437853 06/22/2023 CELICO PARTNERSHIP 46.60 437854 06/22/2023 GRBK GHO HOMES LLC 3,759.81 437855 06/22/2023 DESK SPINCO INC 1,786.50 437856 06/22/2023 KIB CONSTRUCTION CORP 9,562.50 437857 06/22/2023 LEGAL AID SOCIETY OF PALM BEACH COUNTY INC 150.00 437858 06/22/2023 OFFICE OF THE COMMISSIONER OF BASEBALL 6,500.00 437859 06/22/2023 MICHAEL POLVERARI 10.00 437860 06/22/2023 UTIL REFUNDS 70.47 437861 06/22/2023 UTIL REFUNDS 146.84 437862 06/22/2023 UTIL REFUNDS 43.34 437863 06/22/2023 UTIL REFUNDS 64.67 437864 06/22/2023 UTIL REFUNDS 58.32 437865 06/22/2023 UTIL REFUNDS 62.37 437866 06/22/2023 UTIL REFUNDS 83.32 437867 06/22/2023 UTIL REFUNDS 7.73 437868 06/22/2023 UTIL REFUNDS 31.17 437869 06/22/2023 UTIL REFUNDS 58.15 437870 06/22/2023 UTIL REFUNDS 39.05 437871 06/22/2023 UTIL REFUNDS 69.89 437872 06/22/2023 UTIL REFUNDS 55.67 437873 06/22/2023 UTIL REFUNDS 70.69 437874 06/22/2023 UTIL REFUNDS 67.47 437875 06/22/2023 UTIL REFUNDS 57.73 437876 06/22/2023 UTIL REFUNDS 48.38 437877 06/22/2023 UTIL REFUNDS 74.71 437878 06/22/2023 UTIL REFUNDS 126.91 437879 06/22/2023 UTIL REFUNDS 2.57 437880 06/22/2023 UTIL REFUNDS 42.80 437881 06/22/2023 UTIL REFUNDS 34.09 437882 06/22/2023 UTIL REFUNDS 5.00 437883 06/22/2023 UTIL REFUNDS 79.80 1 26 TRANS NBR DATE VENDOR AMOUNT 437884 06/22/2023 UTIL REFUNDS 61.95 437885 06/22/2023 UTIL REFUNDS 22.52 437886 06/22/2023 UTIL REFUNDS 59.51 437887 06/22/2023 UTIL REFUNDS 7.75 437888 06/22/2023 UTIL REFUNDS 20.91 437889 06/22/2023 UTIL REFUNDS 67.47 437890 06/22/2023 UTIL REFUNDS 33.48 437891 06/22/2023 UTIL REFUNDS 23.72 437892 06/22/2023 UTIL REFUNDS 40.39 437893 06/22/2023 UTIL REFUNDS 43.34 437894 06/22/2023 UTIL REFUNDS 40.74 437895 06/22/2023 UTIL REFUNDS 68.91 437896 06/22/2023 UTIL REFUNDS 71.37 437897 06/22/2023 UTIL REFUNDS 58.68 437898 06/22/2023 UTIL REFUNDS 5.33 437899 06/22/2023 UTIL REFUNDS 4.46 437900 06/22/2023 UTIL REFUNDS 9.00 437901 06/22/2023 UTIL REFUNDS 80.54 437902 06/22/2023 UTIL REFUNDS 4.86 437903 06/22/2023 UTIL REFUNDS 59.46 437904 06/22/2023 UTIL REFUNDS 29.89 437905 06/22/2023 UTIL REFUNDS 78.15 437906 06/22/2023 UTIL REFUNDS 77.75 437907 06/22/2023 UTIL REFUNDS 16.45 437908 06/22/2023 PORT CONSOLIDATED INC 2,585.14 437909 06/22/2023 TEN -8 FIRE EQUIPMENT INC 3,639.69 437910 06/22/2023 RANGER CONSTRUCTION IND INC 1,941.28 437911 06/22/2023 VERO CHEMICAL DISTRIBUTORS INC 656.90 437912 06/22/2023 RICOH USA INC 197.77 437913 06/22/2023 RICOH USA INC 121.73 437914 06/22/2023 SAFETY PRODUCTS INC 127.95 437915 06/22/2023 INDIAN RIVER BATTERY 1,051.30 437916 06/22/2023 GRAINGER 61.01 437917 06/22/2023 KELLY TRACTOR CO 1,832.53 437918 06/22/2023 GENES AUTO GLASS INC 280.00 437919 06/22/2023 SAFETY KLEEN SYSTEMS INC 462.50 437920 06/22/2023 GAYLORD BROTHERS INC 168.54 437921 06/22/2023 HACH CO 407.79 437922 06/22/2023 AVERY DENNISON CORPORATION 331.84 437923 06/22/2023 KSM ENGINEERING & TESTING INC 110.00 437924 06/22/2023 MEEKS PLUMBING INC 2,404.00 437925 06/22/2023 BOUND TREE MEDICAL LLC 6,112.64 437926 06/22/2023 TIRESOLES OF BROWARD INC 5,022.36 437927 06/22/2023 EDLUND DRITENBAS BINKLEY ARCHITECTS 487.44 437928 06/22/2023 DELL MARKETING LP 28,380.00 437929 06/22/2023 MIDWEST TAPE LLC 427.08 437930 06/22/2023 NORTHERN SAFETY CO INC 140.98 437931 06/22/2023 ODYSSEY MANUFACTURING CO 23,061.15 437932 06/22/2023 BAKER DISTRIBUTING CO LLC 104.40 437933 06/22/2023 CENGAGE LEARNING INC 964.99 437934 06/22/2023 PENWORTHY COMPANY 2,460.87 437935 06/22/2023 JIMMYS AIR & REFRIGERATION INC 203.73 437936 06/22/2023 SOFTWARE HARDWARE INTEGRATION 35,934.65 437937 06/22/2023 ENNIS-FLINT INC 150.58 437938 06/22/2023 PING INC 897.46 437939 06/22/2023 CLERK OF CIRCUIT COURT 2,236.75 437940 06/22/2023 CITY OF VERO BEACH 5,876.68 437941 06/22/2023 INDIAN RIVER ALL FAB INC 575.00 437942 06/22/2023 HOME DEPOT USA INC 839.39 2 27 TRANS NBR DATE VENDOR AMOUNT 437943 06/22/2023 JANITORIAL DEPOT OF AMERICA INC 1,350.58 437944 06/22/2023 PUBLIX SUPERMARKETS 87.00 437945 06/22/2023 PUBLIX SUPERMARKETS 13.72 437946 06/22/2023 ACUSHNET COMPANY 4,755.52 437947 06/22/2023 ST JOHNS RIVER WATER MGMT DISTRICT 122.50 437948 06/22/2023 WEST PUBLISHING CORPORATION 253.00 437949 06/22/2023 FEDERAL EXPRESS CORP 111.11 437950 06/22/2023 ATHENS TECHNICAL SPECIALISTS INC 444.37 437951 06/22/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 224.10 437952 06/22/2023 CALLAWAY GOLF SALES COMPANY 5,064.20 437953 06/22/2023 FLORIDA POWER AND LIGHT 57,169.36 437954 06/22/2023 TAYLOR MADE GOLF CO INC 835.39 437955 06/22/2023 GLOBAL GOLF SALES INC 1,382.47 437956 06/22/2023 STRUNK FUNERAL HOMES & CREMATORY 425.00 437957 06/22/2023 COMPLETE ELECTRIC INC 350.68 437958 06/22/2023 INDIAN RIVER FARMS WATER CNTRL DIST 320.00 437959 06/22/2023 NEXTRAN CORPORATION 272.33 437960 06/22/2023 CHILDRENS HOME SOCIETY OF FL 1,000.00 437961 06/22/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 400.00 437962 06/22/2023 BRIDGESTONE AMERICAS INC 1,907.81 437963 06/22/2023 RECHTIEN INTERNATIONAL TRUCKS 2,716.77 437964 06/22/2023 BROADCAST MUSIC INC 1,124.10 437965 06/22/2023 HULETT ENVIRONMENTAL SERVICES 742.00 437966 06/22/2023 CINTAS CORPORATION NO 2 135.57 437967 06/22/2023 CINTAS CORPORATION NO 2 221.40 437968 06/22/2023 FLORIDA DEPT OF JUVENILE JUSTICE 45,718.00 437969 06/22/2023 SYNAGRO-WWT INC 81,411.33 437970 06/22/2023 POLYDYNE INC 3,749.00 437971 06/22/2023 FASTENAL COMPANY 1,238.40 437972 06/22/2023 THE SHERWIN WILLIAMS CO 38.95 437973 06/22/2023 SOUTHERN JANITOR SUPPLY INC 3,472.04 437974 06/22/2023 OCLC ONLINE COMPUTER LIBRARY CENTER 500.20 437975 06/22/2023 GLOVER OIL COMPANY INC 45,861.47 437976 06/22/2023 GERELCOM INC 51,818.90 437977 06/22/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 112.73 437978 06/22/2023 SUNBELT RENTALS INC 240.00 437979 06/22/2023 SLR PROPERTIES INC 300.00 437980 06/22/2023 CEMEX INC 355.32 437981 06/22/2023 SIMS CRANE & EQUIPMENT CO 1,790.10 437982 06/22/2023 F. J. NUGENT & ASSOCIATES INC 209,691.00 437983 06/22/2023 STAT MEDICAL DISPOSAL INC 100.00 437984 06/22/2023 TORRES ELECTRICAL SUPPLY COMPANY INC 11,016.00 437985 06/22/2023 FLORIDA COAST EQUIPMENT INC 1,223.54 437986 06/22/2023 OVERDRIVE INC 5,004.12 437987 06/22/2023 GFA INTERNATIONAL INC 33,591.25 437988 06/22/2023 ALAN JAY FORD LINCOLN MERCURY INC 37,289.00 437989 06/22/2023 ALADTEC INC 5,354.53 437990 06/22/2023 CARDINAL HEALTH 110 INC 146.68 437991 06/22/2023 MUNICIPAL EMERGENCY SERVICES INC 1,209.83 437992 06/22/2023 BURNETT LIME CO INC 3,779.82 437993 06/22/2023 SOUTHERN MANAGEMENT LLC 41,191.00 437994 06/22/2023 STEWART & STEVENSON FDDA LLC 717.00 437995 06/22/2023 HAWKINS INC 1,188.00 437996 06/22/2023 GOTTA GO GREEN ENTERPISES INC 190.83 437997 06/22/2023 WURTH USA INC 152.50 437998 06/22/2023 AC VETERINARY SPECIALTY SERVICES 45.00 437999 06/22/2023 CDW LLC 242.63 438000 06/22/2023 COLE AUTO SUPPLY INC 3,273.00 438001 06/22/2023 RHOADES AIR & HEAT 1,210.00 3 28 TRANS NBR DATE VENDOR AMOUNT 438002 06/22/2023 BETH NOLAN 294.00 438003 06/22/2023 DAY DREAMS UNIFORMS INC 92.85 438004 06/22/2023 JOSEPH ELLIOTT USA LLC 1,047.36 438005 06/22/2023 CALVIN GIORDANO & ASSOCIATES INC 30,111.26 438006 06/22/2023 VEOLIA WATER TECHNOLOGIES INC 464,221.32 438007 06/22/2023 CORE & MAIN LP 25,392.85 438008 06/22/2023 BOTTOMS UP BEVERAGE OF FLORIDA LLC 1,309.00 438009 06/22/2023 GYRO-TRAC CORPORATION 658.99 438010 06/22/2023 TRAFFIC SUPPLIES & DISTRIBUTION LLC 8,620.00 438011 06/22/2023 VISTA OUTDOOR SALES LLC 392.22 438012 06/22/2023 AMAZON CAPITAL SERVICES INC 4,126.27 438013 06/22/2023 TREASURE COAST PLUMBING LLC 637.00 438014 06/22/2023 PACE ANALYTICAL SERVICES LLC 226.80 438015 06/22/2023 PACE ANALYTICAL SERVICES LLC 8,121.72 438016 06/22/2023 AMERIGAS PROPANE LP 36.00 438017 06/22/2023 JORDAN POWER EQUIPMENT CORP 947.56 438018 06/22/2023 CK CONTRACTORS & DEVELOPMENT LLC 18,396.56 438019 06/22/2023 MULLINAX FORD OF VERO BEACH 3,217.23 438020 06/22/2023 JUDITH A BURLEY 487.50 438021 06/22/2023 CIVICPLUS LLC 1,064.55 438022 06/22/2023 KRONOS SAASHR INC 147.42 438023 06/22/2023 KRONOS SAASHR INC 55,240.00 438024 06/22/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 55.99 438025 06/22/2023 DESK SPINCO INC 1,381.86 438026 06/22/2023 MT CAUSLEY LLC 28,116.00 438027 06/22/2023 BLUE GOOSE CONSTRUCTION LLC 735.17 438028 06/22/2023 ORCHARD GROVE VENTURE LLC 600.00 438029 06/22/2023 STAPLES INC 80.27 438030 06/22/2023 LOWES COMPANIES INC 650.62 438031 06/22/2023 SMI TRADING LLC 3.36 438032 06/22/2023 TOTAL GOLF CART LLC 87.90 438033 06/22/2023 QUADMED INC 1,502.48 438034 06/22/2023 FIRE EQUIPMENT SERVICES OF FLORIDA INC 297.00 438035 06/22/2023 HIREQUEST LLC 1,868.85 438036 06/22/2023 PETERBILT STORE SOUTH FLORIDA LLC 3,489.30 438037 06/22/2023 TAKING GROUND LAWN & LANDSCAPE INC 4,575.00 438038 06/22/2023 MARUBENI AMERICA CORPORATION 8,761.55 438039 06/22/2023 BTAC HOLDING CORP 4,074.75 438040 06/22/2023 CONSOLIDATED WATER GROUP LLC 28.91 438041 06/22/2023 RONALD MARASCO SR 150.00 438042 06/22/2023 STERLING CUT GLASS CO INC 1,626.21 438043 06/22/2023 XEROX CORPORATION 675.51 438044 06/22/2023 BLUETARP FINANCIAL INC 421.80 438045 06/22/2023 NATIONAL 4-H COUNCIL 52.25 438046 06/22/2023 FLEETPRIDE INC 316.92 438047 06/22/2023 JORDAN PARKER 50.00 438048 06/22/2023 TRAVIS WADDELL 2,900.00 438049 06/22/2023 VETERINARY MEDICAL CENTER OF IRC INC 401.00 438050 06/22/2023 NICOLE ALBANO 60.00 438051 06/22/2023 FL ASSOCIATION OF PUBLIC PROCUREMENT PROFESS 275.00 438052 06/22/2023 MIKEL KINNEY RUYLE 150.00 438053 06/22/2023 BATES AIR & HEAT LLC 297.50 438054 06/22/2023 LF STAFFING SERVICES INC 3,214.73 438055 06/22/2023 SCHOOL OUTFITTERS LLC 1,763.26 438056 06/22/2023 RONALD J RENNICK 550.00 Grand Total: 2,820,892.63 4 29 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020736 06/19/2023 AT&T CORP 5,458.24 1020737 06/19/2023 OFFICE DEPOT INC 1,823.83 1020738 06/19/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 575.00 1020739 06/19/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 100.00 1020740 06/19/2023 WASTE MANAGEMENT INC OF FLORIDA 2,418.42 1020741 06/22/2023 RING POWER CORPORATION 7,818.42 1020742 06/22/2023 MIKES GARAGE & WRECKER SERVICE INC 655.00 1020743 06/22/2023 GALLS LLC 135.28 1020744 06/22/2023 GROVE WELDERS INC 98.85 1020745 06/22/2023 STRYKER SALES CORP 39,557.16 1020746 06/22/2023 AUTO PARTNERS LLC 7,020.14 1020747 06/22/2023 RADWELL INTERNATIONAL INC 350.00 1020748 06/22/2023 UNIFIRST CORPORATION 914.85 1020749 06/22/2023 GUARDIAN ALARM OF FLORIDA LLC 85.00 1020750 06/22/2023 NEXAIR LLC 93.54 1020751 06/22/2023 EFE INC 213.90 1020752 06/22/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 235.61 1020753 06/22/2023 CARLON INC 756.40 Grand Total: 68,309.64 1 30 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10579 06/16/2023 AGENCY FOR HEALTH CARE ADMIN 48,756.00 10580 06/16/2023 APTIM CORP 26,341.41 10581 06/16/2023 IRS -PAYROLL TAXES 12,526.19 10582 06/16/2023 RX BENEFITS INC 2,224.70 10583 06/16/2023 EDH HOLDINGS LLC 44.75 10584 06/16/2023 RX BENEFITS INC 2,215.00 10585 06/16/2023 SCHOOL DISTRICT OF I R COUNTY 77,400.00 10586 06/16/2023 SCHOOL DISTRICT OF I R COUNTY 7,031.95 10587 06/16/2023 WRIGHT EXPRESS FSC 32,304.70 10588 06/19/2023 P&AADM NISTRATIVE SERVICES INC 399.00 10589 06/20/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 9,513.60 10590 06/20/2023 HUMANE SOCIETY 43,000.00 10591 06/20/2023 MUTUAL OF OMAHA 2,685.00 10592 06/20/2023 VEROTOWN LLC 20,000.00 10593 06/20/2023 SAVE ON SP LLC 34,018.43 10594 06/20/2023 HEALTH ADVOCATE SOLUTIONS INC 1,965.60 10595 06/20/2023 HEALTH ADVOCATE SOLUTIONS INC 1,612.05 10596 06/21/2023 VETERANS COUNCIL OF I R C 6,459.27 10597 06/21/2023 EDH HOLDINGS LLC 5,291.00 10598 06/22/2023 TOWN OF INDIAN RIVER SHORES 8,404.52 10599 06/22/2023 RX BENEFITS INC 289,662.38 10600 06/22/2023 APTIM CORP 54,711.60 10601 06/22/2023 EDH HOLDINGS LLC 279.44 Grand Total: 686,846.59 1 31 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: June 29, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 23, 2023 to June 29, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of June 23, 2023 to June 29, 2023. 32 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 438057 06/23/2023 UNITED WAY OF INDIAN RIVER COUNTY 769.00 438058 06/23/2023 CALIFORNIA STATE DISBURSEMENT UNIT 305.19 438059 06/23/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 7,027.28 438060 06/23/2023 COMMONWEALTH OF MASSACHUSETTS 154.00 438061 06/23/2023 NORTH DAKOTA CHILD SUPPORT 228.47 438062 06/29/2023 INDIAN RIVER COUNTY HEALTH DEPT 29,527.57 438063 06/29/2023 VICTIM ASSISTANCE PROGRAM 7,460.08 438064 06/29/2023 ROGER J NICOSIA 1,500.00 438065 06/29/2023 CITY OF VERO BEACH 2,230.27 438066 06/29/2023 CITY OF VERO BEACH 11,987.50 438067 06/29/2023 AT&T CORP 690.00 438068 06/29/2023 AT&T CORP 198.00 438069 06/29/2023 AT&T CORP 6.02 438070 06/29/2023 STATEATTORNEY 11,586.97 438071 06/29/2023 SUNSHINE STATE ONE CALL OF FL INC 3,335.02 438072 06/29/2023 KURT STEFFEN 75.00 438073 06/29/2023 ST LUCIE COUNTY BOCC 59,533.16 438074 06/29/2023 MARONDA HOMES INC OF FLORIDA 150.00 438075 06/29/2023 FISHER & PHILLIPS LLP 11,092.00 438076 06/29/2023 STATE OF FLORIDA 19,926.97 438077 06/29/2023 PIVOTAL UTILITY HOLDINGS INC 18,072.07 438078 06/29/2023 PAIGE K BROWN 110.00 438079 06/29/2023 SHEBA PARSON 250.00 438080 06/29/2023 JMZ LIFE RESTORATION PROJECT FOR MEN 250.00 438081 06/29/2023 WAFFLE HOUSE 250.00 438082 06/29/2023 PUBLIX 159.20 438083 06/29/2023 UTIL REFUNDS 37.03 438084 06/29/2023 UTIL REFUNDS 17.92 438085 06/29/2023 UTIL REFUNDS 14.85 438086 06/29/2023 UTIL REFUNDS 34.92 438087 06/29/2023 UTIL REFUNDS 43.51 438088 06/29/2023 UTIL REFUNDS 278.23 438089 06/29/2023 UTIL REFUNDS 45.51 438090 06/29/2023 UTIL REFUNDS 47.23 438091 06/29/2023 UTIL REFUNDS 62.15 438092 06/29/2023 UTIL REFUNDS 68.65 438093 06/29/2023 UTIL REFUNDS 71.04 438094 06/29/2023 UTIL REFUNDS 56.00 438095 06/29/2023 UTIL REFUNDS 27.93 438096 06/29/2023 UTIL REFUNDS 10.75 438097 06/29/2023 UTIL REFUNDS 32.75 438098 06/29/2023 UTIL REFUNDS 95.03 438099 06/29/2023 UTIL REFUNDS 27.09 438100 06/29/2023 UTIL REFUNDS 41.92 438101 06/29/2023 UTIL REFUNDS 59.24 438102 06/29/2023 UTIL REFUNDS 38.92 438103 06/29/2023 UTIL REFUNDS 86.73 438104 06/29/2023 UTIL REFUNDS 131.24 438105 06/29/2023 UTIL REFUNDS 42.42 438106 06/29/2023 UTIL REFUNDS 9.09 438107 06/29/2023 UTIL REFUNDS 76.84 438108 06/29/2023 UTIL REFUNDS 30.49 438109 06/29/2023 UTIL REFUNDS 39.00 438110 06/29/2023 UTIL REFUNDS 83.32 438111 06/29/2023 UTIL REFUNDS 78.94 438112 06/29/2023 UTIL REFUNDS 46.67 438113 06/29/2023 UTIL REFUNDS 68.49 438114 06/29/2023 UTIL REFUNDS 44.13 33 TRANS NBR DATE VENDOR AMOUNT 438115 06/29/2023 UTIL REFUNDS 42.82 438116 06/29/2023 UTIL REFUNDS 43.66 438117 06/29/2023 UTIL REFUNDS 18.22 438118 06/29/2023 UTIL REFUNDS 71.61 438119 06/29/2023 UTIL REFUNDS 42.65 438120 06/29/2023 UTIL REFUNDS 32.12 438121 06/29/2023 UTIL REFUNDS 86.92 438122 06/29/2023 UTIL REFUNDS 42.47 438123 06/29/2023 UTIL REFUNDS 35.96 438124 06/29/2023 UTIL REFUNDS 8.79 438125 06/29/2023 UTIL REFUNDS 75.91 438126 06/29/2023 UTIL REFUNDS 32.18 438127 06/29/2023 UTIL REFUNDS 42.23 438128 06/29/2023 UTIL REFUNDS 64.55 438129 06/29/2023 UTIL REFUNDS 20.20 438130 06/29/2023 UTIL REFUNDS 9.01 438131 06/29/2023 UTIL REFUNDS 87.96 438132 06/29/2023 UTIL REFUNDS 61.34 438133 06/29/2023 UTIL REFUNDS 30.44 438134 06/29/2023 UTIL REFUNDS 1.92 438135 06/29/2023 UTIL REFUNDS 78.53 438136 06/29/2023 UTIL REFUNDS 37.12 438137 06/29/2023 UTIL REFUNDS 40.60 438138 06/29/2023 UTIL REFUNDS 71.21 438139 06/29/2023 UTIL REFUNDS 67.34 438140 06/29/2023 UTIL REFUNDS 64.87 438141 06/29/2023 UTIL REFUNDS 70.69 438142 06/29/2023 UTIL REFUNDS 1.27 438143 06/29/2023 UTIL REFUNDS 5.32 438144 06/29/2023 UTIL REFUNDS 32.23 438145 06/29/2023 UTIL REFUNDS 104.39 438146 06/29/2023 UTIL REFUNDS 1,690.27 438147 06/29/2023 UTIL REFUNDS 212.32 438148 06/29/2023 UTIL REFUNDS 59.48 438149 06/29/2023 UTIL REFUNDS 39.46 438150 06/29/2023 UTIL REFUNDS 340.34 438151 06/29/2023 UTIL REFUNDS 28.22 438152 06/29/2023 UTIL REFUNDS 64.20 438153 06/29/2023 UTIL REFUNDS 57.85 438154 06/29/2023 UTIL REFUNDS 30.73 438155 06/29/2023 UTIL REFUNDS 38.88 438156 06/29/2023 UTIL REFUNDS 2.01 438157 06/29/2023 UTIL REFUNDS 45.68 438158 06/29/2023 UTIL REFUNDS 46.41 438159 06/29/2023 UTIL REFUNDS 60.19 438160 06/29/2023 UTIL REFUNDS 38.99 438161 06/29/2023 UTIL REFUNDS 23.68 438162 06/29/2023 COMMUNICATIONS INTERNATIONAL 341.80 438163 06/29/2023 SSES INC 662.38 438164 06/29/2023 TEN-8 FIRE EQUIPMENT INC 733.98 438165 06/29/2023 VERO CHEMICAL DISTRIBUTORS INC 220.60 438166 06/29/2023 PERERS ENTERPRISES INC 3,710.40 438167 06/29/2023 SAFETY PRODUCTS INC 428.00 438168 06/29/2023 E-Z BREW COFFEE & BOTTLE WATER SVC 48.00 438169 06/29/2023 INDIAN RIVER BATTERY 141.45 438170 06/29/2023 KELLY TRACTOR CO 2,106.60 438171 06/29/2023 CLIFF BERRY INC 169.45 438172 06/29/2023 NATIONAL FIRE PROTECTION ASSOC 175.00 438173 06/29/2023 MEEKS PLUMBING INC 1,540.25 438174 06/29/2023 BOUND TREE MEDICAL LLC 57.36 34 TRANS NBR DATE VENDOR AMOUNT 438175 06/29/2023 DIVE RESCUE INC 1,021.67 438176 06/29/2023 EXPRESS REEL GRINDING INC 2,830.00 438177 06/29/2023 TIRESOLES OF BROWARD INC 2,078.70 438178 06/29/2023 WORLD INDUSTRIAL EQUIPMENT INC 10,083.55 438179 06/29/2023 BARNEYS PUMP INC 4,482.00 438180 06/29/2023 MIDWEST TAPE LLC 669.30 438181 06/29/2023 ODYSSEY MANUFACTURING CO 5,388.60 438182 06/29/2023 SOFTWARE HARDWARE INTEGRATION 2,189.74 438183 06/29/2023 CLERK OF CIRCUIT COURT 132.70 438184 06/29/2023 CITY OF VERO BEACH 822.13 438185 06/29/2023 HOME DEPOT USA INC 36.98 438186 06/29/2023 LIVINGSTON PAGE 50.00 438187 06/29/2023 JANITORIAL DEPOT OF AMERICA INC 32.12 438188 06/29/2023 FEDERAL EXPRESS CORP 99.80 438189 06/29/2023 COMO OIL COMPANY OF FLORIDA 50.00 438190 06/29/2023 FLORIDA POWER AND LIGHT 149,915.31 438191 06/29/2023 FLORIDA POWER AND LIGHT 2,617.70 438192 06/29/2023 COMPLETE ELECTRIC INC 715.00 438193 06/29/2023 SHERILEE D PARSELL 546.50 438194 06/29/2023 TREASURE COAST SPORTS COMMISSION INC 1,398.16 438195 06/29/2023 HENRY SMITH 100.00 438196 06/29/2023 PITNEY BOWES INC 201.00 438197 06/29/2023 EVENTMAKERS INTERNATIONAL LLC 1,772.50 438198 06/29/2023 G K ENVIRONMENTAL INC 9,750.00 438199 06/29/2023 THE FLORIDA BAR 310.00 438200 06/29/2023 THE FLORIDA BAR 310.00 438201 06/29/2023 THE FLORIDA BAR 310.00 438202 06/29/2023 THE FLORIDA BAR 150.00 438203 06/29/2023 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 45.00 438204 06/29/2023 NABORS GIBLIN & NICKERSON PA 21,244.46 438205 06/29/2023 BRIDGESTONE AMERICAS INC 1,516.43 438206 06/29/2023 THE PALMS AT VERO BEACH 900.00 438207 06/29/2023 HULETT ENVIRONMENTAL SERVICES 170.00 438208 06/29/2023 SOUTHERN JANITOR SUPPLY INC 2,178.92 438209 06/29/2023 JACKS COMPLETE TREE SERVICE INC 3,400.00 438210 06/29/2023 GLOVER OIL COMPANY INC 23,874.39 438211 06/29/2023 LARRY STEPHENS 100.00 438212 06/29/2023 JOHNNY B SMITH 25.00 438213 06/29/2023 GLOBALSTAR USA 221.46 438214 06/29/2023 AQUA -AEROBIC SYSTEMS INC 218.51 438215 06/29/2023 PETER J CASSARA 1,250.00 438216 06/29/2023 TRADEWINDS POWER CORP 1,182.10 438217 06/29/2023 DANA SAFETY SUPPLY INC 604.89 438218 06/29/2023 NICOLACE MARKETING INC 3,258.00 438219 06/29/2023 AMERICAN HEART ASSOCIATION INC 2,849.35 438220 06/29/2023 HELPING ANIMALS LIVE -OVERCOME 28.00 438221 06/29/2023 BRENNTAG MID -SOUTH INC 13,309.71 438222 06/29/2023 FLORIDA ARMATURE WORKS INC 13,403.07 438223 06/29/2023 OVERDRIVE INC 1,061.45 438224 06/29/2023 APPLIED MEMBRANES INC 715.45 438225 06/29/2023 CARDINAL HEALTH 110 INC 1,990.26 438226 06/29/2023 BURNETT LIME CO INC 7,486.60 438227 06/29/2023 PENGUIN RANDOM HOUSE LLC 60.00 438228 06/29/2023 STEWART & STEVENSON FDDA LLC 675.00 438229 06/29/2023 FLORIDA DESIGN DRILLING CORP 7,771.37 438230 06/29/2023 STS MAINTAIN SERVICES INC 14,400.04 438231 06/29/2023 CATHEDRAL CORPORATION 1,627.11 438232 06/29/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 498.11 438233 06/29/2023 FLORIDA EAST COAST HOLDINGS CORP 19,210.00 438234 06/29/2023 EASTERN PIPELINE CONSTRUCTION INC 10,650.00 U-1 TRANS NBR DATE VENDOR AMOUNT 438235 06/29/2023 CDW LLC 122.42 438236 06/29/2023 COLE AUTO SUPPLY INC 2,026.08 438237 06/29/2023 RHOADES AIR & HEAT 1,130.00 438238 06/29/2023 BETH NOLAN 174.00 438239 06/29/2023 CORE & MAIN LP 12,345.88 438240 06/29/2023 WOERNER AGRIBUSINESS LLC 584.00 438241 06/29/2023 UNIVERSAL PUBLIC PROCUREMENT 265.00 438242 06/29/2023 AMAZON CAPITAL SERVICES INC 2,833.34 438243 06/29/2023 PACE ANALYTICAL SERVICES LLC 3,971.64 438244 06/29/2023 AMERIGAS PROPANE LP 1,230.15 438245 06/29/2023 JORDAN POWER EQUIPMENT CORP 74.97 438246 06/29/2023 LIBERTY TIRE RECYCLING LLC 7,353.40 438247 06/29/2023 PC SOLUTIONS & INTEGRATION INC 3,273.60 438248 06/29/2023 DERECK R PRINCE 135.00 438249 06/29/2023 MULLINAX FORD OF VERO BEACH 556.42 438250 06/29/2023 SOLAR ELECTRIC POWER COMPANY 2,908.28 438251 06/29/2023 JUDITH A BURLEY 124.50 438252 06/29/2023 PDR INVESTMENT TEAM LLC 11,811.38 438253 06/29/2023 PUMP SERVICE & IRRIGATION INC 4,641.75 438254 06/29/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 373.86 438255 06/29/2023 DESK SPINCO INC 976.12 438256 06/29/2023 MILTON MAYBERRY ENTERPRISES INC 800.00 438257 06/29/2023 BLUE GOOSE CONSTRUCTION LLC 1,556.80 438258 06/29/2023 STAPLES INC 665.54 438259 06/29/2023 LOWES COMPANIES INC 3,995.35 438260 06/29/2023 SMI TRADING LLC 48.05 438261 06/29/2023 GOOD SPORTSMAN MARKETING LLC 1,299.81 438262 06/29/2023 THEODORE SEMI 75.00 438263 06/29/2023 JLA GEOSCIENCES INC 6,660.00 438264 06/29/2023 LAWRENCE F WALLIN 50.00 438265 06/29/2023 HIREQUEST LLC 1,129.68 438266 06/29/2023 A TEAM OF THE TREASURE COAST INC 860.00 438267 06/29/2023 CER SIGNATURE CLEANING LLC 3,800.00 438268 06/29/2023 DOBBS EQUIPMENT LLC 2,260.00 438269 06/29/2023 SCOTT B MCKINLEY 100.00 438270 06/29/2023 DODADS LAB 425.00 438271 06/29/2023 GOMEZ BROTHERS CONTRACT SERVICES 540.00 438272 06/29/2023 PIVOTAL UTILITY HOLDINGS INC 52.32 438273 06/29/2023 SHRIEVE CHEMICAL CO LLC 12,765.88 438274 06/29/2023 BTAC HOLDING CORP 3,492.36 438275 06/29/2023 CONSOLIDATED WATER GROUP LLC 983.74 438276 06/29/2023 TPH HOLDINGS LLC 478.94 438277 06/29/2023 CRYSTAL MCANELLY DIVERS 85.00 438278 06/29/2023 SEVEN ISLES CAPITAL 2,333.00 438279 06/29/2023 RONALD MARASCO SR 120.00 438280 06/29/2023 TAYLOR NELSON AUXIER 50.00 438281 06/29/2023 XEROX CORPORATION 1,559.54 438282 06/29/2023 JORDAN PARKER 50.00 438283 06/29/2023 SUBSTANCE ABUSE COUNCIL OF IRC 27,301.72 438284 06/29/2023 MIKEL KINNEY RUYLE 120.00 438285 06/29/2023 REAL ESTATE ANALYST LLC 1,372.50 438286 06/29/2023 JOHN DIGIACOMO 25.00 438287 06/29/2023 BATES AIR & HEAT LLC 635.69 438288 06/29/2023 LF STAFFING SERVICES INC 652.80 438289 06/29/2023 SCHOOL OUTFITTERS LLC 2,468.95 438290 06/29/2023 CERBERUS SFR HOLDINGS PARTNERS LP 800.00 438291 06/29/2023 JOSEPH A. SPAIDER 650.00 438292 06/29/2023 CYNTHIA WOLD 50.00 438293 06/29/2023 PD -MM OPCO LLC 84,532.00 438294 06/29/2023 WILLIE C REAGAN 850.00 4 36 TRANS NBR DATE VENDOR AMOUNT 438295 06/29/2023 TREASURE COAST HOMELESS SERVICES 6,869.00 438296 06/29/2023 BRACKETT FAMILY LIMITED PARTNERSHIP 1,174.00 438297 06/29/2023 DAVID SPARKS 808.00 438298 06/29/2023 FORT PIERCE HOUSING AUTHORITY 825.00 438299 06/29/2023 THE PALMS AT VERO BEACH 3,077.00 438300 06/29/2023 ARTHUR PRUETT 798.00 438301 06/29/2023 MICHAEL JAHOLKOWSKI 554.00 438302 06/29/2023 RICHARD SCHLITT 862.00 438303 06/29/2023 SUNCOAST REALTY & RENTAL MGMT LLC 872.00 438304 06/29/2023 PAMELA R CUMMINGS 689.00 438305 06/29/2023 INDIAN RIVER RDA LP 530.00 438306 06/29/2023 OKEECHOBEE PARTNERS LLC 1,167.00 438307 06/29/2023 MISS INC OF THE TREASURE COAST 1,636.00 438308 06/29/2023 FIVE STAR PROPERTY HOLDING LLC 1,407.00 438309 06/29/2023 AUGUSTUS B FORT JR 939.00 438310 06/29/2023 H&H SHADOWBROOK LLC 737.00 438311 06/29/2023 WEDGEWOOD RENTALS LLC 768.00 438312 06/29/2023 KARL POKRANDT 1,109.00 438313 06/29/2023 BRANDON ROUER 3,231.00 438314 06/29/2023 HUDSON CONSULTING & MANAGEMENT LLC 716.00 438315 06/29/2023 SHARON P BRENNAN 689.00 438316 06/29/2023 A PLUS PROPERTY MANAGEMENT INC 3,094.00 438317 06/29/2023 ORCHARD GROVE VENTURE LLC 675.00 438318 06/29/2023 BREGO PROPERTIES LLC 861.00 438319 06/29/2023 SREIT LEXINGTON CLUB LLC 4,839.00 438320 06/29/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 484.00 438321 06/29/2023 MARLBROS HOLDINGS LLC 1,341.00 438322 06/29/2023 SEUNG KIM 708.00 438323 06/29/2023 NEX-GEN PARTNERS LLC 6,678.00 438324 06/29/2023 EZAS INVESTMENTS LLC 1,300.00 438325 06/29/2023 MICHAEL MILLER 1,361.00 438326 06/29/2023 RS REALTY ADVISORS LLC 2,451.00 438327 06/29/2023 WILLIAM J LAHEY 773.00 438328 06/29/2023 SONIA SUSAN SOSA 1,383.00 438329 06/29/2023 ULTIMATE PROPERTIES & LOGISTICS LLC 1,250.00 438330 06/29/2023 KAREN CHENNELL 1,585.00 438331 06/29/2023 JT VERO PROPERTIES LLC 3,215.00 438332 06/29/2023 SM REALTY PARTNERS LLC 2,207.00 438333 06/29/2023 IXORIA RE LLC 2,414.00 438334 06/29/2023 HI LIFE PROPERTY MANAGEMENT LLC 1,578.00 438335 06/29/2023 JB JONES JR 721.00 438336 06/29/2023 UNA GRAHAM 1,400.00 438337 06/29/2023 HAR-RO PROPERTIES LLC 1,030.00 438338 06/29/2023 JOHN DAVID HAYES 2,600.00 438339 06/29/2023 GARY C ALERTE JR 950.00 438340 06/29/2023 FIONNA SMITH 1,417.00 438341 06/29/2023 EDLUND DR.ITENBAS BINKLEY ARCHITECTS 4,750.00 438342 06/29/2023 ARCADIS U S INC 11,832.87 438343 06/29/2023 MASTELLER & MOLER INC 839.25 438344 06/29/2023 SOUTHERN MANAGEMENT LLC 1,076.00 438345 06/29/2023 BIOGAS ENGINEERING 2,702.50 438346 06/29/2023 INTERTECH CONSTRUCTION CORPORATION OF AMER 4,753.59 438347 06/29/2023 TIGER NATURAL GAS, INC. 88,501.82 Grand Total: 970,082.94 37 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020754 06/23/2023 OFFICE DEPOT INC 638.11 1020755 06/23/2023 COMCAST 291.25 1020756 06/23/2023 WASTE MANAGEMENT INC OF FLORIDA 8,935.21 1020757 06/29/2023 INDIAN RIVER OXYGEN INC 3,997.00 1020758 06/29/2023 RING POWER CORPORATION 1,611.28 1020759 06/29/2023 GROVE WELDERS INC 623.10 1020760 06/29/2023 AUTO PARTNERS LLC 3,341.16 1020761 06/29/2023 HYDRA SERVICE (S) INC 18,980.00 1020762 06/29/2023 UNIFIRST CORPORATION 1,732.94 Grand Total: 40,150.05 38 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10602 06/23/2023 IRC FIRE FIGHTERS ASSOC 11,156.64 10603 06/23/2023 TEAMSTERS LOCAL UNION #769 5,357.00 10604 06/23/2023 CER SIGNATURE CLEANING LLC 13,762.87 10605 06/23/2023 FIRST AMERICAN TITLE INSURANCE CO 54,423.00 10606 06/26/2023 INDIAN RIVER COUNTY SHERIFF 71,958.57 10607 06/26/2023 INDIAN RIVER COUNTY SHERIFF 215,034.00 10608 06/26/2023 FL SDU 3,135.73 10609 06/26/2023 IRS -PAYROLL TAXES 534,200.70 10610 06/26/2023 HALLEY ENGINEERING CONTRACTORS INC 397,958.72 10611 06/26/2023 LINCOLN RETIREMENT 88,888.81 10612 06/27/2023 CITY OF SEBASTIAN 30,334.64 10613 06/28/2023 ATLANTIC COASTAL LAND TITLE CO LLC 23,382.35 10614 06/29/2023 AMERICAN FAMILY LIFE ASSURANCE CO 13,913.40 10615 06/29/2023 ALLSTATE 95.84 Grand Total: 1,463,602.27 39 06 Carole jean Jordan, c.Fc. Tax Collector "How may we help you?" INTER -OFFICE MEMO: To: John Titkanich, County Administrator Date: Thursday, June 15, 2023 Subject: Consent Agenda Item From: Carole Jean Jordan, Tax Collector Please place the following on the Consent Agenda for the Board of County Commissioners meeting on Tuesday July 11, 2023. Pursuant to Chapter 197.492 of the Florida Statutes, enclosed is a report of the List of Errors, Insolvencies, Double Assessments and Discounts for the 2022 tax roll. This list was completed as of June 14, 2023 and is attached for your review. If you need any further information or assistance, please feel free to contact me. Thank you for your consideration in this matter. 6 4 -AOL 9-e4W44ax� P.O. Box 1509, Vero Beach, FL 32961-1509 Website: www.irctax.com Phone: (772) 226-1343 Fax: (772) 226-1965 40 June 15, 2023 Carole Jean Jordan, c.Fc. Tax Collector "How may we help you?" Board of County Commissioners Attention: Joe Earman 180127' Street, Bldg A Vero Beach, FL 32960 Re: Errors and Insolvencies Report for the 2022 Tax Roll Dear Chairman Earman: Pursuant to Chapter 197.492 of the Florida Statutes, please find enclosed the Recapitulation of the 2022 Tax Roll. It includes a copy of the Errors and Insolvencies Report which shows the errors, double assessments, and insolvencies allowed. If I may be of further assistance, please do not hesitate to contact me. Thank you. Sincerely, Carole Jean Jordan Indian River County Tax Collector CJJ.jca Attachments P.O. Box 1509, Vero Beach, FL 32961-1509 Website: www.irctax.com Ph6pe:. (772) 226-1343: Faxc:(772) 226-1965 .. 41 i REPORT OF DISCOUNTS, ERRORS, DOUBLE ASSESMENTS, AND INSOLVENCIES Section 197.492, Florida Statutes Certified to the Board of County Commissioners by Carole Jean Jordan, Tax Collector for Indian River County, Florida. Discounts, errors, double assessments, insolvencies, and exemptions are the only reasons for not collecting personal property taxes. Do not list any personal property tax item unless it is uncollectible. Do not take credit for items which are expected to be collected and remitted later. Before submitting this list to the board of county commissioners, the tax collector must fill out and sign the certificate at the end of this form as the last page of the report and recapitulate the amount of all taxes that will be credited. 42 Description of land or personal property Person the tax is assessed against in the roll Property ID # Total taxes deleted Reason for reduction CARAF OIL 310 SOUTH VERO INC 0223458 0000 $ 323.67 Errors BRISTER SIGNS INC 0073300 0000 $ 343.41 Errors MASCHMEYER CONCRETE CO OF FL 0082400 0000 $ 566.75 Errors WARE DDS JENEE 0187611 0000 $ 252.92 Errors WAL-MART STORES 0188562 0000 $ 3,483.80 Errors WAL-MART/SAMS CLUB 0189172 0000 $ 3,615.51 Errors ATWELL J ROBIN MD PA 0190564 0000 $ 649.32 Errors AT&T MOBILITYPROPERTY TAX DEPT 0195349 0000 $ 9,322.02 Errors AT&T MOBILITYPROPERTY TAX DEPT 0199629 0000 $ 134.56 Errors AT&T MOBILITYPROPERTY TAX DEPT 0199630 0000 $ 7,138.69 Errors AT&T MOBILITYPROPERTY TAX DEPT 0203770 0000 $ 7,382.95 Errors AT&T MOBILITYPROPERTY TAX DEPT 0203772 0000 $ 4,303.65 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0205154 0000 $ 5,766.21 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0205155 0000 $ 5,818.06 Errors AT&T MOBILITYPROPERTY TAX DEPT 0205186 0000 $ 8,383.84 Errors SPRINT DBA T -MOBILE 0205207 0000 $ 8,147.09 Errors MIMMO'S GRILL INC 0205643 0000 $ 343.07 Errors PINNACLE TOWERS INC 0206334 0000 $ 447.34 Errors AMERICAN TOWER MANAGEMENT INC FL 0206607 0000 $ 797.67 Errors AMERICAN TOWER MANAGEMENT INC FL 0206608 0000 $ 834.35 Errors AMERICAN TOWER MANAGEMENT INC FL 0206609 0000 $ 468.74 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0206671 0000 $ 6,800.71 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0206672 0000 $ 5,646.91 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0206673 0000 $ 2.81 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0206674 0000 $ 8,945.59 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0206675 0000 $ 8,981.93 Errors SPRINT DBA T -MOBILE 0206704 0000 $ 9,728.67 Errors SPRINT DBA T -MOBILE 0206706 0000 $ 3,630.47 Errors NORTHERN TRUST BANK OF FLORID 0208169 0000 $ 116.22 Errors SPRINT DBA T -MOBILE 0208338 0000 $ 11,561.84 Errors JOHN BROWN & SONS INCATT., PETER 0208746 0000 $ 342.62 Errors AT&T MOBILITYPROPERTY TAX DEPT 0208806 0000 $ 7,919.75 Errors SPRINT DBA T -MOBILE 0209126 0000 $ 5,633.85 Errors AMERICAN TOWER MANAGEMENT INC FL 0209801 0000 $ 657.92 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0209985 0000 $ 9,368.61 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0209986 0000 $ 5,371.64 Errors SPRINT DBA T -MOBILE 0210017 0000 $ 7,223.96 Errors ROSS DRESS FOR LESS INC 537 0210389 0000 $ 174.36 Errors DIABETES & ENDOCRINE ASSOCIATE 0210702 0000 $ 282.30 Errors PINNACLE TOWERS AQUISTION LLC 0211219 0000 $ 546.09 Errors T -MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0211238 0000 $ 7,280.58 Errors T -MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0211239 0000 $ 13,499.71 Errors SPRINT DBA T -MOBILE 0211262 0000 $ 5,519.53 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0211314 0000 $ 5,170.36 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0211315 0000 $ 22.75 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0211317 0000 $ 7,660.99 Errors AT&T MOBILITYPROPERTY TAX DEPT 0211390 0000 $ 8,118.31 Errors AT&T MOBILITYPROPERTY TAX DEPT 0211391 0000 $ 8,142.77 Errors PINNACLE TOWERS AQUISTION LLC 0211478 0000 $ 1,278.96 Errors T -MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0212436 0000 $ 7,620.93 Errors TREASURE COAST EYE ASSOC PA 0212610 0000 $ 239.12 Errors T -MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0212666 0000 $ 1,884.78 Errors AT&T MOBILITYPROPERTY TAX DEPT 0212671 0000 $ 9,453.87 Errors T -MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0212672 0000 $ 5,804.87 Errors T -MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0212673 0000 $ 167.53 Errors T -MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0212675 0000 $ 6,070.99 Errors T -MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0212676 0000 $ 6,503.61 Errors 42 T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0212677 0000 $ 550.25 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0212679 0000 $ 5,918.25 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0212703 0000 $ 3,349.89 Errors CROWN CASTLE SOUTH LLC 0212746 0000 $ 963.36 Errors CROWN CASTLE SOUTH LLC 0212747 0000 $ 580.98 Errors CROWN CASTLE SOUTH LLC 0212748 0000 $ 479.96 Errors MARONDA HOMES INC OF FLORIDA 0212838 0000 $ 350.67 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0215442 0000 $ 9,140.37 Errors JUTRAS WALKER LISA D 0215501 0000 $ 317.63 Errors AT&T MOBILITYPROPERTY TAX DEPT 0215828 0000 $ 7,107.57 Errors AT&T MOBILITYPROPERTY TAX DEPT 0215830 0000 $ 9,152.86 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 02171930000 $ 1.12 Errors SPRINT DBA T-MOBILE 0217475 0000 $ 5,766.19 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0217501 0000 $ 6.90 Errors AT&T MOBILITY PROPERTY TAX DEPT 0217574 0000 $ 4,904.57 Errors INDRIO BRANDS LLC 0219440 0000 $ 350.67 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0219635 0000 $ 3,230.98 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0219666 0000 $ 3,957.00 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0219667 0000 $ 7,942.46 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0219668 0000 $ 5,692.42 Errors GTP TOWERS V LLC 0220184 0000 $ (63.72) Errors SPRINT DBA T-MOBILE 0220290 0000 $ 10,294.40 Errors SPRINT DBA T-MOBILE 0220291 0000 $ 4,364.94 Errors SPRINT DBA T-MOBILE 0220292 0000 $ 1,601.28 Errors SPRINT DBA T-MOBILE 0220293 0000 $ 3,202.92 Errors SPRINT DBA T-MOBILE 0220296 0000 $ 6,337.28 Errors AT&T MOBILITYPROPERTY TAX DEPT 0220305 0000 $ 3,347.69 Errors GTP TOWERS I LLC 0220386 0000 $ 8,859.18 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0220398 0000 $ 0.78 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0220399 0000 $ 12,414.25 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0220403 0000 $ 0.12 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0220440 0000 $ 9,110.82 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0220441 0000 $ 3.82 Errors TOWER DEVELOPMENT CORPORATION 0220738 0000 $ 529.49 Errors AT&T MOBILITYPROPERTY TAX DEPT 0220816 0000 $ 5,524.02 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0220818 0000 $ 2.10 Errors AMERICAN TOWER MANAGEMENT INC FL 0220889 0000 $ 1,665.64 Errors CRAB E BILLS INC 0221229 0000 $ 381.90 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0221406 0000 $ 4,638.34 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0221407 0000 $ 3,125.18 Errors AT&T MOBILITYPROPERTY TAX DEPT 0221432 0000 $ 6,858.35 Errors AT&T MOBILITYPROPERTY TAX DEPT 0221433 0000 $ 8,320.29 Errors BIG LOTS STORES LLC 0221753 0000 $ 267.89 Errors INDIAN RIVER MEMORIAL HOSPITAL INC 0221997 0000 $ 65.56 Errors AT&T MOBILITYPROPERTY TAX DEPT 0222003 0000 $ 8,520.10 Errors CROWN CASTLE TOWERS 06-02LLC 0222018 0000 $ 61.77 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0222052 0000 $ 0.09 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0222217 0000 $ 3,674.52 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0222218 0000 $ 4.11 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0222219 0000 $ 6,480.32 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0222284 0000 $ 9,799.29 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0222285 0000 $ 8,766.17 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0222286 0000 $ 5,728.11 Errors FLORIDA EYE INSTITUTE PA 0222484 0000 $ 117.75 Errors SPRINT DBA T-MOBILE 0222526 0000 $ 145.23 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0222549 0000 $ 2,617.72 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0222791 0000 $ 7,389.25 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0222792 0000 $ 5.84 Errors WAL-MART STORES INC/SAMS CLUB NEIGHBORHOOD MARKET 0222917 0000 $ 3,592.35 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0223038 0000 $ 3,183.82 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0223039 0000 $ 2.40 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0223042 0000 $ 0.86 Errors INDIAN RIVER MEMORIAL HOSPITAL INC. 0223078 0000 $ 146.57 Errors OTG LIQUIDATION CENTER LLCMICHAEL SMITH 0223250 0000 $ 350.66 Errors AT&T MOBILITYPROPERTY TAX DEPT 0223301 0000 $ 8,500.38 Errors OASIS POOLS & SPAS OF THE TREASURE COAST 0223358 0000 $ 306.46 Errors VAKANI ORTHODONTICS 0223393 0000 $ 189.16 Errors CARAF OIL 310 VERO LAND LLC 0223462 0000 $ 343.63 Errors SPRINT DBA T-MOBILE 0223496 0000 $ 16.42 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0223696 0000 $ 6,389.15 Errors T-MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0223697 0000 $ 0.06 Errors 43 CELLCO PARTNERSHIPVERIZON WIRELESS 02237180000 $ 8,581.20 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0223719 0000 $ 4,563.66 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0223720 0000 $ 0.22 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0223721 0000 $ 0.40 Errors INTEGRITY METALS,LLC 0223778 0000 $ 389.33 Errors LAWRENCE AND NORMA NOESEN 0223896 0000 $ 518.88 Errors T -MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0223921 0000 $ 4,864.06 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0223969 0000 $ 0.18 Errors AMERICAN TOWER MANAGEMENT INC FL 0223981 0000 $ 24.37 Errors AT&T MOBILITYPROPERTY TAX DEPT 0223984 0000 $ 8,083.92 Errors T -MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0223985 0000 $ 3,096.84 Errors SPRINT DBA T -MOBILE 0223986 0000 $ 7,182.87 Errors AMERICAN TOWER MANAGEMENT INC FL 0224017 0000 $ 1,012.56 Errors AT&T MOBILITYPROPERTY TAX DEPT 0224019 0000 $ 5,702.33 Errors AT&T MOBILITYPROPERTY TAX DEPT 02240200000 $ 9,752.42 Errors CROWN CASTLE SOUTH LLC 0224024 0000 $ 2,263.53 Errors CELLCO PARTNERSHIPVERIZON WIRELESS 0224025 0000 $ 17.98 Errors COLE AUTO SUPPLY INC 0224026 0000 $ 352.59 Errors CROWN CASTLE SOUTH LLC 0224027 0000 $ 620.87 Errors LINUS JAMES C (CO -TRS) & 30-38-00-00001-0280-00081/0 $ 586.90 Errors IRWIN ANTHONY G & 30-38-00-00001-0300-00007/0 $ 514.80 Errors HYDEN PATRICIA E 30-38-21-00001-9999-00001/0 $ (3,372.48) Errors TRINKWALD GARY D & ALPHA 30-38-21-00007-0000-00003/0 $ 1,582.31 Errors KUBICEKMARK A 30-38-21-00012-0000-00006/0 $ 789.46 Errors 13350 SEBASTIAN LLC 30-38-25-00000-0041-00002/0 $ 2,966.48 Errors COOPER MICHAEL G JR & DONNA D 31-37-00-00001-1132-00001/0 $ 573.37 Errors GRAEME RICHARD 31-37-00-00001-1569-00001/0 $ 1,683.61 Errors VAN BUREN RYAN E & EVE N (L) 31-37-00-00001-1728-00001/0 $ 4,311.90 Errors GAMEZ JAIME 31-37-00-00001-2255-00001/0 $ 2,808.37 Errors MOODY JONATHAN 31-37-00-00001-2452-00002/1 $ 526.92 Errors SALINAS JOSE M & MARGARITA 31-37-00-00008-0130-00009/0 $ 1,330.73 Errors CITY OF FELLSMERE 31-37-00-00009-0650-00021/0 $ 395.10 Errors SEPULVEDA MARIA ISABEL ESPINOZA DE 31-37-00-00009-0690-00043/0 $ 1,540.89 Errors GOSSON HELGA K 31-38-01-00002-0330-00008/0 $ 1,334.70 Errors FREEMAN DENNIS 31-38-01-00003-0500-00022/0 $ 1,519.16 Errors { BOSMENY JUDY (LE) 31-38-01-00003-0530-00016/0 $ 2,750.54 Errors SHOFNER BRIAN S & ANGELA M 31-38-01-00003-0620-00020/0 $ 518.95 Errors ORTIZ HERNAN A 31-38-01-00003-1080-00002/0 $ 2,893.67 Errors HILLRICH PHILLIP J 31-38-11-00001-1190-00006/0 $ 2,260.73 Errors RIENDEAU LOUISE R 31-38-13-00002-2180-00019/0 $ 1,920.33 Errors SCERBO RAYMOND (LE) & ELISA (LE) 31-38-14-00002-1600-00023/0 $ 2,309.61 Errors CHIARINO JOSEPH A & VANESSA 31-38-24-00001-2940-00008/0 $ 2,862.12 Errors SNIDER CHERYL L 31-38-25-00001-2980-00009/0 $ 643.29 Errors NELSON NICHOLAS L VAN (TRS)FBO THE VAN NELSON REVOCABLE FAMILY TRUE 31-38-26-00003-0000-00273/0 $ 1,726.77 Errors TURNER BRENNA REANNE 31-38-27-00003-0050-00010/0 $ 833.03 Errors BOURDETTE CLAYTON 31-38-33-00003-0080-00003/0 $ 207.98 Errors KARTAK SHANNON KEITH 31-38-34-00004-0110-00013/0 $ 769.83 Errors BLUHM CAROLYN HUGHES 31-38-34-00007-0200-00001/0 $ 2,379.32 Errors HODER MATTHEW D and MARJORIE H 31-38-35-00000-5000-00002/0 $ 1,861.06 Errors O'CONNOR MICHAEL JOHN 31-39-06-00025-0000-00051/0 $ 2,526.29 Errors CAULFIELD RUTH E (LE) 31-39-18-00001-4150-00003/0 $ 2,192.08 Errors BEALE DANIEL 31-39-19-00001-6110-00019/0 $ 4,018.32 Errors TOM SAWYER GARDENS LLC 31-39-21-00003-0000-00004/0 $ 622.40 Errors TOM SAWYER GARDENS LLC 31-39-21-00003-0000-00005/0 $ 928.52 Errors TOM SAWYER GARDENS LLC 31-39-21-00003-0000-00006/0 $ 440.24 Errors QUKU GERALDINEFBO THE GERALDINE QUKU REVOCABLE TRUST 31-39-23-00012-0000-00103/0 $ 5,862.20 Errors RECK WILLIAM F III 31-39-26-00027-0000-00059/0 $ 705.32 Errors MCALLISTER SUSAN B (TR)FBO THE SUSAN B MCALLISTER TRUST 31-39-26-00035-0000-00003/0 $ 2,204.06 Errors COASTAL COMMUNITY CHURCH OF INDIAN RIVER INC 31-39-28-00006-0002-00001/0 $ 1,899.11 Errors COASTAL COMMUNITY CHURCH OF INDIAN RIVER INC 31-39-28-00006-0050-00013/0 $ 9,829.57 Errors INDIAN RIVER COUNTY HABITAT FOR HUMANITY INC 31-39-29-00002-0000-00015/0 $ 22.98 Errors INDIAN RIVER COUNTY HABITAT FOR HUMANITY INC 31-39-29-00002-0000-00016/0 $ 23.57 Errors RYALL NATHAN ALAN 31-39-36-00022-0000-00007/0 $ 1,360.61 Errors DASHWOOD II LLC 32-39-01-00009-0000-00013/0 $ 21,542.82 Errors INDIAN RIVER COUNTY 32-39-06-00001-0090-00001/1 $ 107.50 Errors BESANCON CURT D 32-39-07-00001-0010-00006/0 $ 2,029.97 Errors BESANCON MARK E 32-39-07-00001-0010-00007/1 $ 305.15 Errors GOZZO PAUL 32-39-07-00005-0000-00002/0 $ 2,228.85 Errors MILLER LYN C 32-39-09-00005-0000-00004/0 $ 551.71 Errors LANDRY PAUL 0 (LE) & BARBARA P (LE) 32-39-16-00004-0000-00036/0 $ 545.74 Errors REINAUER ROBERT M JR 32-39-16-00010-0000-00032/0 $ (1,986.06) Errors VEITEL RONALD L 32-39-16-00011-0000-00037/0 $ 666.08 Errors CLARK STRIDER 32-39-18-00001-0130-00002/0 $ 1,601.83 Errors INDIAN RIVER COUNTY 32-39-21-00001-0150-00002/0 $ 467.50 Errors REINAUER ROBERT MARSHALL JR 32-39-21-00015-0000-00305/0 $ 39.74 Errors RESSLER SHARON BROOKE 32-39-21-00016-0000-00039/0 $ 185.13 Errors RUSS BHRILLER J & 32-39-22-00010-0000-00022/0 $ 3,185.30 Errors JOHNSON DONALD S 32-39-24-00020-0000-00301/0 $ 1,057.80 Errors KING JOYCE (L) 32-39-27-00014-0000-00001/0 $ 1,104.18 Errors NETTLES ROBERT E 32-39-31-00001-0070-00005/0 $ 800.92 Errors INDIAN RIVER COUNTY 32-39-32-00009-0020-00011/0 $ 386.54 Errors CITY OF VERO BEACH 32-39-35-00007-0030-00006/2 $ 100.25 Errors MCKENZIE BERTHA (LE) 32-39-35-00007-0050-00001/0 $ 1,417.49 Errors BEARDSLEY BRIAN M & SANDRA L 32-39-36-00011-0130-00005/0 $ 508.33 Errors TOWLES ELIZABETH STARR 32-40-07-00006-0000-00256/0 $ 2,401.33 Errors KURLANSKYAARON 32-40-18-00006-0000-00001/0 $ 2,402.81 Errors LOGAN LISA M 32-40-18-00008-0000-00063/2 $ 5,755.41 Errors PATTERSON D SCOTT 32-40-18-00037-0000-00017/0 $ 6,861.91 Errors PERRY ANTHONY J 32-40-19-00006-0030-00026/0 $ 257.68 Errors LANGE CAROLYN STROUD 32-40-29-00002-0000-00037/0 $ 269.63 Errors TAGLIONE JOSEPH CARMEN JR 32-40-29-00011-0020-00540/0 $ 620.87 Errors CHAPMAN JAMES RICHARD 32-40-31-00010-0070-00005/0 $ 384.78 Errors FORTUNATO MICHAEL A (CO -TRS) 32-40-32-00012-0020-00002/0 $ 16,549.75 Errors MUKHERJI ANIL (LE) 32-40-32-00022-0000-00508/0 $ 2,033.91 Errors MOORE INVESTMENT FUND IV LLC 33-37-08-00000-1000-00001/0 $ 31,327.56 Errors KLEIN STEVEN H 33-37-09-00000-1000-00001/2 $ 7,861.53 Errors NS RANCH LIMITED LIABILITY COMPANY 33-37-25-00001-0030-00001/0 $ 148.60 Errors NS RANCH LIMITED LIABILITY COMPANY 33-37-25-00001-0040-00001/0 $ 148.60 Errors NS RANCH LIMITED LIABILITY COMPANY 33-37-25-00001-0080-00001/0 $ 182.42 Errors THE TREASURE COAST PEACH COMPANY LLC 33-37-35-00002-0110-00001/0 $ 6,368.51 Errors RACETRAC PETROLEUM INC 33-38-02-00001-0050-00002/0 $ 2,459.91 Errors SKAGGS KAREN SUE 33-38-02-00003-0050-00012/0 $ 259.80 Errors DRAWDY BETTY 33-38-02-00003-0280-00009/0 $ 47.52 Errors DINARI HOSPITALITY LLC 33-38-03-00009-0000-00005/1 $ 1,107.38 Errors AVG APTS LLC 33-38-09-00001-0050-00001/0 $ 6,275.61 Errors AVG APTS LLC 33-38-09-00001-0060-00001/0 $ 6,898.81 Errors NORTH 94TH LLC 33-38-22-00001-0030-00001/0 $ 9,341.79 Errors OSLO INTERCHANGE LLC 33-38-22-00001-0150-00001/0 $ 13,214.29 Errors OSLO INTERCHANGE LLC 33-38-22-00001-0160-00001/0 $ 13,522.16 Errors KAI PROPERTIES LTD 33-38-26-00001-0010-00001/0 $ 14.13 Errors KAI PROPERTIES LTD 33-38-26-00001-0010-00003/0 $ 10.67 Errors KAI PROPERTIES LTD 33-38-26-00001-0010-00003/1 $ 2.08 Errors STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-38-26-00001-0020-00001/0 $ 114.33 Errors ST JOHNS IMPROVEMENT DISTRICT 33-38-30-00000-1000-00001/1 $ 906.00 Errors EPIC ESTATES LLC 33-38-30-00000-5000-00001/0 $ 10,099.15 Errors EPIC ESTATES LLC 33-38-30-00000-5000-00002/0 $ 10,099.15 Errors EPIC ESTATES LLC 33-38-30-00000-5000-00003/0 $ 10,099.15 Errors INDIAN RIVER PLAZA LLC 33-39-01-00063-0000-00002/0 $ (2,754.53) Errors MCPHETERS PAMELA 33-39-02-00002-0270-00003/0 $ 629.01 Errors SANCHEZ BERNARDO (LE) 33-39-03-00010-0110-00007/0 $ (1,656.07) Errors WEISSENBORN KIMBERLY 33-39-03-00019-0060-00009/0 $ 428.65 Errors INDIAN RIVER COUNTY 33-39-04-00001-0080-00001/1 $ 95.82 Errors DILLARD'S INCPROPERTY TAX DEPT 33-39-05-00007-0000-00001/0 $ 28,968.68 Errors GGH 27 LLC 33-39-05-00011-0000-00000/3 $ 95.37 Errors COSS THOMAS M 33-39-05-00020-0000-00013/0 $ 1,126.06 Errors BINET STEVE J 33-39-10-00001-0030-00014/0 $ 607.72 Errors ANDREOLLI VINCENT JR 33-39-10-00004-0000-00001/0 $ 578.73 Errors MELTON HOWARD III 33-39-10-00006-0060-00001/0 $ 53.64 Errors PEREZ DANIEL ANTONIO RIVERO 33-39-10-00013-0000-00004/0 $ 741.01 Errors KLUCKOWSKI MATTHEW 33-39-10-00032-0000-00022/0 $ 128.21 Errors BURT ANDREW PRESTON 33-39-10-00038-0000-00067/0 $ 3,875.73 Errors SMITH STEPHEN F & ELIZABETH N 33-39-11-00006-0110-00009/0 $ 490.78 Errors DIAMONTE SALVATORE R & EVELYN A 33-39-11-00035-0000-00059/0 $ 2,563.95 Errors EBNER MARK 33-39-11-00035-0000-00188/0 $ 478.84 Errors JOHNSON SUSAN LORRAINE 33-39-12-00049-0000-00040/0 $ 2,173.43 Errors BURNETT PERRY HOWARD 33-39-13-00006-0006-00004/0 $ 936.05 Errors FORBES DIANNE BERMAN 33-39-13-00007-0013-00019/0 $ 444.19 Errors TUCKER RICKEY 33-39-14-00006-0070-00008/0 $ 558.72 Errors MOHN SHEILA ANN 33-39-14-00013-0001-00012/0 $ 144.22 Errors WILLIAMS CRISTA TOEPPEL (TR) 33-39-14-00016-0002-00026/0 $ 49.11 Errors GOODE JAMES 33-39-14-00017-0002-00007/0 $ 163.28 Errors WOOD BRITTANY 33-39-16-00002-0011-00001/0 $ 1,198.08 Errors 45 COOPER AIMEE 33-39-16-00014-0000-00009/0 $ 500.65 Errors WONDERLY BETTINA NEBEL (TRS)FBO THE BETTINA WONDERLY REVOCABLE TR 33-39-16-00014-0000-00015/0 $ 7.05 Errors INDIAN RIVER COUNTY 33-39-18-00001-0040-00001/0 $ 817.00 Errors JOHNSON KENNETH 33-39-18-00001-0160-00001/0 $ 6,125.18 Errors BRIGGS JAMES A & LINDA M 33-39-23-00018-0000-00105/0 $ 145.72 Errors GORDON DANA A 33-39-24-00002-0110-00003/0 $ 551.70 Errors CAMPAGNA LARRY 33-39-26-00002-0008-00017/0 $ 733.71 Errors DOMINGUEZ YSABEL C BATISTA 33-39-26-00004-0005-00013/0 $ 524.63 Errors JARDINE JOANNE R 33-39-26-00012-0000-00093/0 $ 414.11 Errors BROWN JAY F 33-39-28-00009-0000-00019/0 $ 2,975.58 Errors MAITLAND JOHN G 33-39-28-00011-0000-00013/0 $ 962.01 Errors DUNN JAYSON 33-39-35-00003-0000-00226/0 $ 980.31 Errors ROOT LAWRENCE E 33-39-35-00004-0000-00189/0 $ 1,568.08 Errors SANSEVERINO MICHAEL III 33-39-36-00002-0680-00019/0 $ 2,104.03 Errors MARKFIELD CAROLINE S (TR)FBO THE 2020 IRREVOCABLE TRUST FOR CAROLINI33-40-05-00001-0020-00038/0 $ (8,040.58) Errors MARKFIELD CAROLINE S (TRS) 33-40-05-00001-0020-00039/0 $ 16,088.15 Errors OSBORNE CHRISTINE (TR) 33-40-05-00001-0020-00040/0 $ (8,040.57) Errors PITCHER WILLIAM BRUCE & CHRISTINE RINGLER 3340-05-00027-0000-00012/0 $ 7,373.36 Errors BOYER GEORGES C 33-40-05-00028-0000-00016/0 $ 457.42 Errors HUIZINGA GEORGE H 3340-06-00007-0004-00204/0 $ 262.73 Errors O'BRIEN VINCENT MILES & LOUISE M POLLOCK (L) 33110-06-00007-0004-00205/0 $ 262.74 Errors BRAWNER COURTNEY D (TRS) 3340-08-00004-0000-00012/0 $ 11,654.42 Errors HAGGERTY JEFFREY W 3340-16-00020-0000-00053/0 $ 1,652.97 Errors WEBBER JOSEPH J (TR)(1/2) 3340-18-00002-0190-00107/0 $ 1,406.73 Errors STARR PAUL BRIAN 33-40-18-00002-0250-00105/0 $ 481.07 Errors INDIAN RIVER COUNTY 3340-19-00000-5000-00008/1 $ 942.61 Errors POGGI DANIEL & MARY & 3340-19-00002-0270-00102/0 $ 1,398.56 Errors FINNAN DIANE P 3340-21-00006-0000-00010/0 $ 7.03 Errors JONES LLOYD BARRY & BARRIE F 3340-27-00005-0001-00021/0 $ 2,899.15 Errors GOETZ JAMES J (TR) & 33-40-27-00008-0020-00202/0 $ 398.09 Errors ELLERMAN ROBERTA J 33-40-27-00015-0000-00106/0 $ 1,182.12 Errors TOTAL -ERRORS $ 921,349.71 CITY OF FELLSMERE 31-37-00-00009-0650-00021/0 $ 5.24 Insolvencies STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 31-38-26-00000-5999-00001/2 $ 17.95 Insolvencies INDIAN RIVER COUNTY HABITAT FOR HUMANITY INC 31-39-29-00002-0000-00015/0 $ 106.84 Insolvencies INDIAN RIVER COUNTY HABITAT FOR HUMANITY INC 31-39-29-00002-0000-00016/0 $ 109.14 Insolvencies INDIAN RIVER COUNTY 32-39-23-00000-5999-00020/0 $ 37.57 Insolvencies INDIAN RIVER COUNTY 32-39-23-00000-5999-00021/0 $ 45.06 Insolvencies STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-38-23-00001-0100-99991/0 $ 49.41 Insolvencies STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-38-23-00001-0110-99991/0 $ 6.74 Insolvencies STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-38-23-00001-9999-00001/0 $ 28.60 Insolvencies STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-38-24-00001-0110-99991/0 $ 19.10 Insolvencies STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-38-24-00001-0120-99991/0 $ 22.40 Insolvencies STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-38-24-00001-9949-00001/0 $ 165.36 Insolvencies KAI PROPERTIES LTD 33-38-26-00001-0010-00001/0 $ 55.36 Insolvencies KAI PROPERTIES LTD 33-38-26-00001-0010-00003/0 $ 59.60 Insolvencies STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-38-26-00001-0020-00001/0 $ 135.70 Insolvencies STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-39-20-00001-0130-99994/0 $ 130.39 Insolvencies STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-39-20-00001-0140-99991/0 $ 12.52 Insolvencies STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-39-20-00001-0150-99991/0 $ 70.15 Insolvencies TOTAL - INSOLVENCIES $ 1,077.13 CHEVRON USA INC 7100014 $ 9.33 Under Minimum CRYO -TRANS INC 7100228 $ 16.53 Under Minimum TITAN FLORIDA LLC 7100330 $ 0.96 Under Minimum TROPICANA TRANSPORTATION CORP 7100915 $ 24.86 Under Minimum MARTIN MARIETTA MATERIALS 7100924 $ 0.31 Under Minimum CHEVRON USA INC 7200014 $ 4.04 Under Minimum GREENBRIER MGT SVCS LLC 7200031 $ 17.39 Under Minimum CRYO -TRANS INC 7200228 $ 7.14 Under Minimum TITAN FLORIDA LLC 7200330 $ 0.41 Under Minimum S M B C RAIL SVC LLC 7200338 $ 26.56 Under Minimum INFINITY TRANSPORTATION 2020-1 LLC 7200906 $ 15.57 Under Minimum TROPICANA TRANSPORTATION CORP 7200915 $ 10.78 Under Minimum CEMEX INC 7200919 $ 27.15 Under Minimum MARTIN MARIETTA MATERIALS 7200924 $ 0.13 Under Minimum CHEVRON USA INC 7300014 $ 22.01 Under Minimum TITAN FLORIDA LLC 7300330 $ 2.27 Under Minimum MARTIN MARIETTA MATERIALS 7300924 $ 0.77 Under Minimum CHEVRON USA INC 7400014 $ 6.45 Under Minimum 46 GREENBRIER MGT SVCS LLC 7400031 $ 27.80 Under Minimu CRYO -TRANS INC 7400228 $ 11.48 Under MinimulI TITAN FLORIDA LLC 7400330 $ 0.67 Under Minim+ INFINITY TRANSPORTATION 2020-1 LLC 7400906 $ 24.89 Under Minimum TROPICANA TRANSPORTATION CORP 7400915 $ 17.27 Under Minimum MARTIN MARIETTA MATERIALS 7400924 $ 023 Under Minimum SPENCER DOROTHY, SUSAN 8480231 $ 8.43 Under Minimum PALAZZO MICHAEL J 8480271 $ 8.43 Under Minimum LAUZON,LAUZON, MCDONELL GILLES, ANDRE,LEAH 8480293 $ 8.43 Under Minimum DOLGEN CORP INC 0004700 0000 $ 18.52 Under Minimum YEAR ROUND LAWN MAINT INC 0065820 0000 $ 25.98 Under Minimum STATE FARM MUTUAL AUTO INS CO 0083790 0000 $ 2.46 Under Minimu BLUE DOLPHIN POOL SERVICE INC 0144085 0000 $ 4.59 Under Minimu REALTORS ASSN OF I R CTY INC 0178710 0000 $ 29.46 Under Minimu STATE FARM MUTUAL AUTO INS CO 0189687 0000 $ 2.92 Under Minimum DERMATHERAPY INC 0190361 0000 $ 22.95 Under Minimum HALLMARK MARKETING CORPORATION -011 0191171 0000 $ 24.98 Under Minimu STATE FARM MUTUAL AUTO INS CO 0191447 0000 $ 3.75 Under Minimus RUSSELL PAYNE INC 0191998 0000 $ 28.00 Under Minimum REDDY ICE LLC 0203488 0000 $ 27.81 Under Minimum ADT FLORIDA LLC 0206577 0000 $ 11.54 Under Minimum REDDY ICE LLC 0206796 0000 $ 6.98 Under Minimum THEERATAT & PREEDA CORP 0208935 0000 $ 19.52 Under Minimum ORTHODONTIC GROUP VI LLC 0209345 0000 $ 21.99 Under Minimum TUESDAY MORNING INC 0215605 0000 $ 10.07 Under Minimum SEBASTIAN FITNESS LLC 0216236 0000 $ 21.85 Under Minimum BANK OF AMERICA NA 0219454 0000 $ 0.18 Under Minimu HILLMAN GROUP INC THE 0219594 0000 $ 26.01 Under MinimU SHEAR TRANQUILITY INC 0220080 0000 $ 27.68 Under Minimu COMCAST IP PHONE II LLC 0220230 0000 $ 7.92 Under Minimum SPRINT DBA T -MOBILE 0220293 0000 $ 26.78 Under Minimum COMCAST IP PHONE II LLC 0220379 0000 $ 2.24 Under Minimum COMCAST IP PHONE II LLC 0220811 0000 $ 0.16 Under Minimum COMCAST IP PHONE II LLC 0220812 0000 $ 1.03 Under Minimum COMCAST IP PHONE II LLC 0220813 0000 $ 2.26 Under Minimum COMCAST IP PHONE II LLC 0220814 0000 $ 1.94 Under Minimum ROCKET 5 CORPHENRY IZQUIERDO 0220983 0000 $ 24.63 Under Minimum RACETRAC PETROLEUM INC 0220984 0000 $ 14.03 Under Minimum HYG FINANCIAL SERVICES INC 0221399 0000 $ 20.09 Under Minimum IDEXX DISTRIBUTION INC 0221490 0000 $ 11.09 Under Minimum AT&T SERVICES INC 0221870 0000 $ 16.59 Under Minimum AT&T SERVICES INC 0221872 0000 $ 12.47 Under Minimum CELLCO PARTNERSHIPVERIZON WIRELESS 0222052 0000 $ 17.68 Under Minimum CELLCO PARTNERSHIPVERIZON WIRELESS 0222053 0000 $ 4.12 Under Minimum CITY ELECTRIC SUPPLY 0222799 0000 $ 23.37 Under Minimum BRYAN M WELLS PLLC 0222926 0000 $ 18.49 Under Minimum STATE FARM MUTUAL AUTO INS CO 0223036 0000 $ 2.67 Under Minimum STATE FARM MUTUAL AUTO INS CO 0223037 0000 $ 2.38 Under Minimum T -MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0223044 0000 $ 3.44 Under Minimum BEACHLAND HOMES CORP 0223202 0000 $ 18.76 Under Minimum CSC SERVICEWORKS INC 0223236 0000 $ 14.75 Under Minimum HTEN 0223478 0000 $ 19.98 Under Minimum FUSA MARKETING 0223520 0000 $ 18.93 Under Minimum STATE FARM MUTUAL AUTO INS CO 0223521 0000 $ 0.14 Under Minimum MIND & BODY OF VERO LLCSTUART J. SHAFER 0223553 0000 $ 20.71 Under Minimum FUSA MARKETING 0223554 0000 $ 3.77 Under Minimum SHIFT4 PAYMENTS 0223678 0000 $ 11.03 Under Minimum SHIFT4 PAYMENTS 0223679 0000 $ 18.22 Under Minimum T -MOBILE SOUTH LLCPROPERTY TAX DEPARTMENT 0223697 0000 $ 19.85 Under Minimum HC SALON HOLDINGS INC 0223756 0000 $ 11.67 Under Minimum HC SALON HOLDINGS INC 0223757 0000 $ 20.46 Under Minimum DATA SALES CO INC 0223865 0000 $ 22.52 Under Minimum PARIS AIR INC 0224008 0000 $ 28.66 Under Minimum BONO NICHOLAS & JENNIFER 8480055 0000 $ 8.43 Under Minimum KASHI CHURCH FOUNDATION INC 30-38-00-00001-0280-00076/4 $ 16.01 Under Minimum ROSELAND UNITED METHODIST CHURCH INC 30-38-21-00005-0080-00001/0 $ 1.00 Under Minimum ROSELAND UNITED METHODIST CHURCH 30-38-21-00005-0090-00004/0 $ 1.00 Under Minimum ROSELAND UNITED METHODIST CHURCH INC 30-38-21-00005-0100-00006/0 $ 1.00 Under Minimum ROSELAND UNITED METHODIST CHURCH INC 30-38-21-00005-0120-00001/0 $ 1.00 Under Minimum SLADE JON JEFFREY (COTRS) & BONNIE SUSAN (COTRS) 30-38-22-00002-0006-00000/0 $ 14.38 Under Minimum HUMANA INC 30-38-25-00000-0010-00017/0 $ 2.40 Under Minimum 47 THE INLET AT SEBASTIAN CONDO ASSOC INC 30-38-25-00000-0050-00015/0 $ 1.12 Under Minimum LAMB CHARLENE R 30-38-25-00007-0000-00001/1 $ 23.98 Under Minimum GROVER ALBERT D & 30-39-33-00000-1000-00005/0 $ 2.78 Under Minimum DYNASTY PROPERTIES OF SOUTH FLORIDA LLC 30-39-33-00000-1000-00006/0 $ 2.86 Under Minimum BENJAMIN LYNDA L 30-39-33-00000-1000-00009/0 $ 2.10 Under Minimum SHENOY REKAH 30-39-33-00000-1000-00009/1 $ 2.05 Under Minimum LEOPOLDO SILVIO & VALERIE 30-39-33-00000-7000-00005/0 $ 2.78 Under Minimum DESTINATION SEBASTIAN LLC 30-39-33-00000-7000-00007/0 $ 2.87 Under Minimum GAMUT PROPERTIES LLCCT CORPORATION SYSTEM 30-39-33-00000-7000-00009/0 $ 2.82 Under Minimum GAMUT PROPERTIES LLC 30-39-33-00000-7000-00010/0 $ 2.30 Under Minimum CORDNER HAROLD & LIANNE 30-39-33-00000-7000-00012/0 $ 4.56 Under Minimum CORDNER HAROLD J & LIANNE K 30-39-33-00000-7000-00013/0 $ 4.67 Under Minimum UNITED REAL ESTATE VENTURES INC 30-39-33-00000-7000-00015/0 $ 1.09 Under Minimum MARTINEZ PERCY 30-39-33-00000-7000-00016/0 $ 4.51 Under Minimum RBCR LLC 31-35-03-00000-1000-00005/0 $ 1.81 Under Minimum LISLE DORIS M (TR) 31-35-03-00000-3000-00002/0 $ 19.66 Under Minimum RBCR LLC 31-35-03-00000-5000-00003/0 $ 3.48 Under Minimum LISLE DORIS M (TR) 31-35-04-00000-1000-00002/0 $ 28.20 Under Minimum LISLE DORIS M (TR) 31-35-04-00000-5000-00004/0 $ 11.09 Under Minimum MILLS KATHRYN (TR) 31-35-06-00000-5000-00001/1 $ 20.43 Under Minimum MILLS KATHRYN (TR) 31-35-18-00000-3000-00001/0 $ 21.35 Under Minimum PRESSLEY RANCH INC 31-35-36-00000-7000-00001/0 $ 29.89 Under Minimum FLORIDA ATLANTIC CITRUS PROPERTY OWNERS ASSOCIATION INC 31-37-00-00001-0568-00001/0 $ 29.40 Under Minimum FLORIDA ATLANTIC CITRUS PROPERTY OWNERS ASSOCIATION INC 31-37-00-00001-0625-00001/0 $ 29.49 Under Minimum FLORIDA ATLANTIC CITRUS PROPERTY OWNERS ASSOCIATION INC 31-37-00-00001-0677-00001/0 $ 29.45 Under Minimum CITY OF FELLSMERE 31-37-00-00001-1441-00003/0 $ 29.00 Under Minimum CITY OF FELLSMERE 31-37-00-00001-1441-00004/0 $ 29.00 Under Minimum CITY OF FELLSMERE 31-37-00-00002-0000-00046/0 $ 29.00 Under Minimum CITY OF FELLSMERE 31-37-00-00004-0020-00054/0 $ 29.00 Under Minimum NEW BETHEL AME CHURCH 31-37-00-00004-0020-00061/0 $ 29.00 Under Minimum MT OLIVE MISSIONARY BAPTIST CHURCH 31-37-00-00004-0030-00073/0 $ 29.00 Under Minimum MT OLIVE MISSIONARY BAPTIST CHURCH 31-37-00-00004-0030-00074/0 $ 29.00 Under Minimum FELLSMERE CHURCH OF GOD (TRS) 31-37-00-00009-0820-00001/0 $ 29.00 Under Minimum REDLANDS CHRISTIAN MIGRANT ASSOCIATION INC 31-37-00-00009-0830-00016/0 $ 29.00 Under Minimum JOURNIGAN HORACE (TRS) &FIRST BAPTIST CH OF FELLSMERE 31-37-00-00009-1160-00012/0 $ 29.00 Under Minimum REDLANDS CHRISTIAN MIGRANT ASSOCIATION 31-37-00-00009-1180-00010/0 $ 29.00 Under Minimum CITY OF FELLSMERE 31-37-00-00013-0000-00000/3 $ 29.00 Under Minimum FEY HAROLD 31-38-11-00003-0090-00019/0 $ 6.37 Under Minimum FISCHER HENRY ANTHONY 31-38-14-00000-5000-00003/0 $ 26.35 Under Minimum UNITED REAL ESTATE VENTURES IN 31-39-04-00000-0030-00004/0 $ 12.41 Under Minimum GOLDING JEFFREY & MARY BETH 31-39-04-00000-0030-00004/1 $ 2.40 Under Minimum INDIAN RIVER COUNTY 31-39-06-00017-0010-00013/1 $ 6.30 Under Minimum MOTIVA ENTERPRISES LLC 31-39-06-00020-0060-00001/1 $ 0.13 Under Minimum CONDE CLARENCE P * 31-39-17-00000-0020-00029/2 $ 10.83 Under Minimum LECK PROPERTIES INC 31-39-17-00000-0020-00029/3 $ 15.98 Under Minimum FISCHER HENRY A 31-39-20-00000-1000-00022/2 $ 12.00 Under Minimum MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC 31-39-27-00006-0000-00033/0 $ 0.14 Under Minimum MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC 31-39-27-00006-0000-00034/0 $ 0.14 Under Minimum MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC 31-39-27-00006-0000-00035/0 $ 0.14 Under Minimum MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC 31-39-27-00006-0000-00036/0 $ 0.14 Under Minimum ESCAPE INVESTMENTS LLC 31-39-27-00006-0000-00037/0 $ 0.14 Under Minimum MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC 31-39-27-00006-0000-00044/0 $ 0.14 Under Minimum MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC 31-39-27-00006-0000-00045/0 $ 0.14 Under Minimum MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC 31-39-27-00006-0000-00046/0 $ 0.14 Under Minimum MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC 31-39-27-00006-0000-00047/0 $ 0.14 Under Minimum MARSH ISLAND YACHT CLUB CONDOMINIUM ASSOCIATION INC 31-39-27-00006-0000-00048/0 $ 0.14 Under Minimum SCHWERIN 510 LLC 31-39-28-00006-0090-00001/0 $ 4.87 Under Minimum W WABASSO CEMETERY ASSOC INC 31-39-29-00000-3000-00001/0 $ 26.73 Under Minimum DAWSEY WOODROW 31-39-29-00000-3000-00011/0 $ 27.63 Under Minimum DAWSEY WOODROW 31-39-29-00000-3000-00012/0 $ 27.63 Under Minimum INDIAN RIVER COUNTY 31-39-30-00002-0000-00000/3 $ 9.21 Under Minimum GRAVES BROS * 31-39-33-00000-1000-00001/1 $ 27.05 Under Minimum GRAINGER KEITH A 31-39-33-00000-1000-00038/0 $ 17.98 Under Minimum TR OF HEAVENLY CHURCH OF FIRST BORN 31-39-33-00000-3000-00008/0 $ 12.00 Under Minimum SEACREST ESTATES INC * 31-39-34-00000-0060-00001/0 $ 7.60 Under Minimum CROOKED TREE LAND AND CATTLE COMPANY 32-35-14-00000-7000-00003/0 $ 5.48 Under Minimum RBCR LLC 32-35-18-00000-3000-00001/0 $ 10.73 Under Minimum RBCR LLC 32-35-19-00000-1000-00002/0 $ 3.52 Under Minimum MCINTURF ENTERPRISES INC 32-35-20-00000-1000-00002/0 $ 4.72 Under Minimum LGR RANCH CATTLE COMPANY LLC 32-35-22-00000-3000-00001/0 $ 8.21 Under Minimum LATT MAXCY CORP 32-35-22-00000-5000-00001/1 $ 1.18 Under Minimum 48 BRACKFAM LAND AND CATTLE LLC 32-35-23-00000-1000-00002/1 $ 16.89 Under Minimum CROOKED TREE LAND AND CATTLE COMPANY 32-35-23-00000-1000-00004/0 $ 15.06 Under Minimum BRACKFAM LAND AND CATTLE LLC 32-35-26-00000-3000-00001/2 $ 26.94 Under Minimum HEEL HUNTING LLC 32-35-26-00000-5000-00001/0 $ 12.47 Under Minimum HULLFISH CLARENCE E 32-35-31-00000-3000-00001/6 $ 18.70 Under Minimum DOT -BAR LLC 32-35-31-00000-5000-00011/0 $ 19.22 Under Minimum STORER DAVID DUN & CHERI C 32-35-31-00000-5000-00013/0 $ 18.70 Under Minimum TIMMONS CATHERINE ANN 32-35-31-00000-7000-00001/0 $ 16.89 Under Minimum PRESSLEY RANCH INC 32-35-36-00000-0010-00002/0 $ 8.32 Under Minimum PRESSLEY RANCH INC 32-36-00-00000-0000-00002/0 $ 4.93 Under Minimum HOLMAN B L (LESS) 32-36-00-00000-0000-00007/0 $ 4.63 Under Minimum RO-ED CORP 32-38-08-00000-1000-00001/1 $ 1.77 Under Minimum HUGH CORRIGAN III FAMILY LIMITED PARTNERSHIP (1/2) & 32-38-29-00000-5000-00001/0 $ 5.45 Under Minimum INDIAN RIVER PROPERTY LP 32-38-30-00000-5000-00001/0 $ 15.39 Under Minimum HUGH CORRIGAN III FAMILY LIMITED PARTNERSHIP (1/2) & 32-38-32-00000-3000-00001/0 $ 20.00 Under Minimum KEAN JOHN (TRS) & 32-39-01-00001-0260-00001/0 $ 4.64 Under Minimum THE STRAND AT INDIAN RIVER SHORES LLC 32-39-01-00001-1110-00001/0 $ 6.72 Under Minimum LOST TREE VILLAGE CORP 32-39-01-00001-1120-00001/0 $ 22.84 Under Minimum LOST TREE VILLAGE CORP 32-39-01-00001-1140-00001/0 $ 13.39 Under Minimum WINKLER ANDREW J (TR) & 32-39-03-00000-5000-00001/2 $ 11.93 Under Minimum INDIAN RIVER COUNTY 32-39-06-00001-0090-00004/0 $ 21.50 Under Minimum KLETTY RICHARD F & MONICA EVE 32-39-10-00000-3000-00004/0 $ 12.40 Under Minimum HUNTER BRUCE & 32-39-10-00000-3000-00008/0 $ 19.68 Under Minimum FLORIDA EAST COAST RAILWAY LLC 32-39-10-00000-3000-00018/0 $ 5.97 Under Minimum CLARK EDWARD & LOUISE 32-39-10-00003-0020-00017/1 $ 21.45 Under Minimum JOHNS ISLAND CLUB INC 32-39-12-00000-0010-00002/0 $ 1.60 Under Minimum GRAND HARBOR NORTH LAND LLC 32-39-15-00000-1000-00025/0 $ 1.19 Under Minimum BENT PINE GOLF CLUB INC 32-39-15-00000-3000-00011/2 $ 29.55 Under Minimum BENT PINE GOLF CLUB INC 32-39-16-00000-1000-00015/1 $ 29.55 Under Minimum BENT PINE GOLF CLUB INC 32-39-16-00000-1000-00015/2 $ 29.55 Under Minimum DIVOSTA HOMES LP 32-39-16-00011-0000-00000/4 $ 21.50 Under Minimum THE MAGNOLIA COURT AT WATERWAY VILLAGE HOMEOWNERS ASSOCIATION It 32-39-16-00013-0000-00000/2 $ 21.50 Under Minimum GRBK GHO BENT PINE LLC 32-39-16-00014-0000-22022/1 $ 21.50 Under Minimum GRBK GHO BENT PINE LLC 32-39-16-00014-0000-22022/2 $ 21.50 Under Minimum INDIAN RIVER COUNTY 32-39-17-00002-0010-00010/0 $ 21.50 Under Minimum INDIAN RIVER COUNTY 32-39-17-00002-0010-00013/0 $ 21.50 Under Minimum INDIAN RIVER COUNTY 32-39-17-00002-0010-00014/0 $ 21.50 Under Minimum INDIAN RIVER COUNTY 32-39-17-00002-0010-00015/0 $ 21.50 Under Minimum INDIAN RIVER COUNTY 32-39-17-00002-0010-00016/0 $ 21.50 Under Minimum PROVIDENCE POINTE VERO BEACH LLC 32-39-20-00001-0030-00003/0 $ 24.20 Under Minimum CAC VERO I LLC 32-39-22-00000-1000-00003/2 $ 23.85 Under Minimum DIVOSTA HOMES LP 32-39-22-00016-0000-22022/2 $ 21.50 Under Minimum DIVOSTA HOMES LP 32-39-22-00016-0000-22022/3 $ 21.50 Under Minimum DIVOSTA HOMES LP 32-39-22-00016-0000-22022/4 $ 21.50 Under Minimum DIVOSTA HOMES LP 32-39-22-00016-0000-22022/5 $ 21.50 Under Minimum DIVOSTA HOMES LP 32-39-22-00016-0000-33032/1 $ 21.50 Under Minimum PUBLIX SUPER MARKETS INC 32-39-23-00029-0000-00000/2 $ 7.19 Under Minimum ESTUARY DEVELOPMENT LTD ` 32-39-24-00002-0000-00000/1 $ 0.23 Under Minimum GREATER REFUGE CHURCH OF OUR LORD JESUS CHRIST 32-39-26-00000-3000-00048/0 $ 21.00 Under Minimum SEGMENT MARKETS 85 INC 32-39-26-00000-7000-00002/0 $ 14.61 Under Minimum APOSTOLIC FAITH REVIVAL CENTER 32-39-26-00002-0130-00003/0 $ 21.00 Under Minimum INDIAN RIVER COUNTY 32-39-26-00003-0180-00009/0 $ 21.00 Under Minimum APOSTOLIC FAITH REVIVAL CENTER 32-39-26-00004-0200-00001/0 $ 21.00 Under Minimum APOSTOLIC FAITH REVIVAL CENTER 32-39-26-00004-0200-00002/0 $ 21.00 Under Minimum TRIPLE S PROPERTIES INC 32-39-26-00006-0000-00025/0 $ 23.03 Under Minimum BEASLEY LEONA MC DOUGALD 32-39-26-00010-0070-00103/0 $ 11.93 Under Minimum CITY OF VERO BEACH 32-39-26-00011.0050-00001/1 $ 21.50 Under Minimum CITY OF VERO BEACH 32-39-26-00011-0050-00001/2 $ 21.50 Under Minimum SUN AVIATION INC (LESS) 32-39-26-00011-0060-00001/1 $ 21.50 Under Minimum INDIAN RIVER COUNTY 32-39-26-00011-0210-00001/3 $ 21.50 Under Minimum INDIAN RIVER MOTOR HAUS LLC 32-39-26-00022-0001-00000/2 $ 21.00 Under Minimum INDIAN RIVER COUNTY 32-39-28-00007-0030-00016/0 $ 21.50 Under Minimum ALMAND JESSE R & SUMMER P 32-39-30-00006-0000-00002/0 $ 10.83 Under Minimum CORNESTONE COMMUNITIES OF FLORIDA LLC 32-39-31-00001-0070-00001/1 $ 25.37 Under Minimum ARCADIA OF VERO BEACH HOME OWNERS ASSOCIATION INC 32-39-32-00024-0000-00000/3 $ 21.50 Under Minimum ST JOHNS RIVER WATER MANAGEMENT DISTRICT 32-39-32-00024-0000-00000/4 $ 7.03 Under Minimum ARCADIA OF VERO BEACH HOME OWNERS ASSOCIATION INC 32-39-32-00027-0000-00000/3 $ 21.50 Under Minimum INDIAN RIVER COUNTY 32-39-33-00004-0000-00000/1 $ 21.50 Under Minimum VISTA HARBOR 32-39-36-00011-0130-00000/5 $ 21.50 Under Minimum VISTA HARBOR 32-39-36-00011-0140-00000/5 $ 21.50 Under Minimum VISTA HARBOR 32-39-36-00011-0150-00000/5 $ 21.50 Under Minimum 49 VISTA HARBOR 32-39-36-00011-0160-00000/5 $ 21.50 Under Minimum VISTA HARBOR 32-39-36-00011-0170-00000/5 $ 21.50 Under Minimum VISTA HARBOR 32-39-36-00011-0180-00000/5 $ 21.50 Under Minimum VISTA HARBOR 32-39-36-00011-0190-00000/5 $ 21.50 Under Minimum VISTA HARBOR 32-39-36-00011-0200-00000/5 $ 21.50 Under Minimum JOHNS ISLAND INC 32-40-07-00000-0040-00001/0 $ 20.16 Under Minimum STINGAREE POINT LLC 32-40-18-00000-0090-00002/0 $ 0.22 Under Minimum LOST TREE VILLAGE CORP 32-40-18-00059-0000-00000/3 $ 7.87 Under Minimum FORBES JAMES D 32-40-18-00059-0000-00000/7 $ 28.74 Under Minimum THE ESTUARY DEVELOPMENT LTD 32-40-19-00000-0020-00004/0 $ 14.68 Under Minimum VISTA HARBOR 32-40-31-00010-0010-00000/5 $ 21.50 Under Minimum VISTA HARBOR 32-40-31-00010-0020-00000/5 $ 21.50 Under Minimum VISTA HARBOR 32-40-31-00010-0030-00000/5 $ 21.50 Under Minimum VISTA HARBOR 3240-31-00010-0040-00000/5 $ 21.50 Under Minimum VISTA HARBOR 3240-31-00010-0050-00000/5 $ 21.50 Under Minimum VISTA HARBOR 32-40-31-00010-0060-00000/5 $ 21.50 Under Minimum VISTA HARBOR 32110-31-00010-0070-00000/5 $ 21.50 Under Minimum VISTA HARBOR APT BLDG 32-40-31-00010-0080-00000/5 $ 21.50 Under Minimum VISTA HARBOR APT BLDG 32-40-31-00010-0090-00000/5 $ 21.50 Under Minimum VISTA HARBOR APT BLDG 3240-31-00010-0100-00000/5 $ 21.50 Under Minimum VISTA HARBOR 32-40-31-00010-0110-00000/5 $ 21.50 Under Minimum VISTA HARBOR 3240-31-00010-0120-00000/5 $ 21.50 Under Minimum VISTA HARBOR 3240-31-00010-0210-00000/5 $ 21.50 Under Minimum R & H DEVELOPMENT CORP 3240-31-00014-0000-00000/1 $ 21.50 Under Minimum CAIN & BRANIGAN 32-40-31-00016-0000-00000/1 $ 21.50 Under Minimum ROYAL PALM POINTE OF VERO BEACH CONDO ASSOC INC 32-40-31-00017-0000-00000/3 $ 21.50 Under Minimum I.M.G. ENTERPRISES INC 33-37-04-00000-5000-00003/0 $ 17.46 Under Minimum ESCO LYNN (TRS) &FBO MARGARET BELCHER TRUST 33-37-14-00000-3000-00002/0 $ 21.56 Under Minimum THE PACKERS OF INDIAN RIVER INC 33-37-14-00000-5000-00001/1 $ 19.10 Under Minimum SALLIN MICHEL & VERONIQUE 33-37-14-00000-7000-00001/1 $ 12.78 Under Minimum BELCHER E N JR (ETAL) 33-37-23-00000-7000-00002/0 $ 13.28 Under Minimum FOUNTAIN JOHN N JR 33-38-03-00002-0010-00009/0 $ 27.47 Under Minimum GILMORE JOSEPH A * and STEPHANIE * 33-38-03-00002-0030-00009/0 $ 1.63 Under Minimum PRIMA VISTA II CORPORATION 33-38-03-00002-0030-00019/0 $ 23.13 Under Minimum PARADISE CENTRAL CORP 33-38-03-00002-0170-00013/1 $ 29.46 Under Minimum TUERK GEORGE R (TR) 33-38-10-00001-0010-00003/0 $ 15.93 Under Minimum TUERK GEORGE R (TR)` 33-38-11-00001-0050-00001/0 $ 29.82 Under Minimum SOUTHERN CLASSIC HOMES LLC 33-38-12-00002-0000-00045/1 $ 27.47 Under Minimum VERO BEACH COUNTRY CLUB INC 33-39-01-00000-3000-00008/0 $ 15.09 Under Minimum PTNRS II LLC 33-39-01-00000-5000-00020/0 $ 6.63 Under Minimum MENTAL HEALTH ASSOC IN IRC INC 33-39-01-00005-0010-00012/1 $ 21.50 Under Minimum FIRST PRESBYTERIAN CHURCH OF VERO BEACH FL INC 33-39-01-00005-0310-00011/0 $ 21.50 Under Minimum 1400 10TH AVENUE LLC 33-39-01-00047-0040-00020/1 $ 28.13 Under Minimum ROYAL PARK CONDO ASSN BLDG E 33-39-01-00052-0050-00000/5 $ 21.50 Under Minimum ROYAL PARK CONDO ASSN BLDG W 33-39-01-00052-0100-00000/5 $ 21.50 Under Minimum DATAPATH VERTICAL BRIDGE LLC 33-39-02-00000-7000-00001/8 $ 13.24 Under Minimum ST VINCENT DE PAUL SOC IRC INC 33-39-02-00000-7000-00005/0 $ 21.50 Under Minimum ST VINCENT DE PAUL SOC IRC INC 33-39-02-00000-7000-00006/0 $ 25.84 Under Minimum COMMUNITY CHURCH OF VERO BEACH INC 33-39-02-00001-0240-00003/0 $ 26.05 Under Minimum FIRST BAPTIST CHURCH OF VERO BEACH INC 33-39-02-00001-0300-00010/0 $ 23.60 Under Minimum FIRST BAPTIST CHURCH OF VERO BEACH INC 33-39-02-00001-0300-00014/0 $ 21.50 Under Minimum FIRST UNITED METHODIST CHURCH OF VERO BEACH INC 33-39-02-00001-0390-00010/0 $ 25.98 Under Minimum COMMUNITY CHURCH OF VERO BEACH 33-39-02-00001-0390-00012/0 $ 28.92 Under Minimum FIRST UNITED METHODIST CHURCH OF VERO BEACH INC 33-39-02-00001-0420-00010/0 $ 21.50 Under Minimum FIRST METHODIST CHURCH OF VERO BEACH INC 33-39-02-00001-0430-00003/0 $ 26.82 Under Minimum FIRST METHODIST CHURCH OF VERO BEACH INC 33-39-02-00001-0430-00007/0 $ 29.41 Under Minimum INDIAN RIVER COUNTY 33-39-02-00001-0440-00006/0 $ 21.50 Under Minimum GERALD M BARBARITO (BISHOP)OF THE DIOCESE OF PALM BEACH 33-39-02-00004-0120-00001/0 $ 25.84 Under Minimum CAVAGNARO JAMES JOHN 33-39-02-00004-0240-00021/0 $ 21.50 Under Minimum VERO BEACH THEATRE GUILD INC 33-39-02-00005-0350-00003/0 $ 21.50 Under Minimum ST FRANCIS MANOR INC 33-39-02-00008-0040-00007/0 $ 22.69 Under Minimum ST FRANCIS MANOR INC 33-39-02-00008-0040-00008/0 $ 27.59 Under Minimum EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC 33-39-02-00016-0010-00001/1 $ 27.66 Under Minimum EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC 33-39-02-00016-0010-00001/2 $ 21.50 Under Minimum EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC 33-39-02-00016-0010-00011/0 $ 21.50 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00007/0 $ 26.47 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00010/0 $ 21.50 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00012/0 $ 21.50 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00016/0 $ 21.50 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00017/0 $ 21.50 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00019/0 $ 21.50 Under Minimum 50 VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00021/0 $ 21.50 Under Minimum BRACKETT FAMILY LIMITED PARTNERSHIP 33-39-03-00010-0040-00016/0 $ 21.50 Under Minimum BRACKETT FAMILY LIMITED PARTNERSHIP 33-39-03-00010-0040-00020/0 $ 21.50 Under Minimum GGH 27 LLC 33-39-05-00011-0000-00000/3 $ 21.50 Under Minimum INDIAN RIVER COUNTY SCHOOL BOARD 33-39-09-00001-0150-00005/1 $ 21.50 Under Minimum HAMPTON WOODS EAST PROPERTY OWNERS ASSOCIATION LLC 33-39-09-00031-0000-00000/2 $ 21.50 Under Minimum UNITARIAN UNIVERSALIST FELLOWSHIP OF VERO BEACH INC 33-39-10-00003-0010-00003/0 $ 21.50 Under Minimum SANDALWOOD OF VERO HOA INC 33-39-10-00030-0080-00001/0 $ 21.50 Under Minimum FIRST CHURCH OF THE NAZARENE INC 33-39-11-00014-0020-00004/0 $ 21.50 Under Minimum FIRST CHURCH OF THE NAZARENE INC 33-39-11-00014-0020-00016/0 $ 21.50 Under Minimum FIRST CHURCH OF THE NAZARENE INC 33-39-11-00014-0020-00018/0 $ 21.50 Under Minimum LEWIS JESSIE G * & 33-39-12-00000-1000-00042/0 $ 13.12 Under Minimum ABG 19 LLC 33-39-12-00000-1000-00042/1 $ 17.88 Under Minimum SAWMILL RIDGE PROPERTIES INC 33-39-12-00000-3000-00039/0 $ 23.85 Under Minimum GRIMM MANAGEMENT LTD PTNR 33-39-12-00000-3000-00039/1 $ 3.00 Under Minimum VILLAGE WALK INC 33-39-12-00043-0000-00001/0 $ 11.93 Under Minimum PRESTON ESTATES HOMEOWNERS ASSOCIATION INC 33-39-12-00056-0000-00000/3 $ 21.50 Under Minimum HEALTH CARE REIT INC 33-39-13-00000-1000-00014/0 $ 7.16 Under Minimum SCHLITT MARGUERITE M (1/2) & 33-39-13-00000-7000-00002/1 $ 5.97 Under Minimum KING'S BAPTIST CHURCH INC 33-39-13-00022-0000-00001/0 $ 21.50 Under Minimum KING'S BAPTIST CHURCH INC 33-39-13-00022-0000-00002/0 $ 21.50 Under Minimum CARINI EUGENE * and OLIVE B 33-39-15-00001-0080-00019/0 $ 26.27 Under Minimum TEMPLE BETH SHALOM OF VERO BEACH INC 33-39-16-00001-0090-00010/1 $ 21.50 Under Minimum ENRIQUEZ PEDRO &`TERESA 33-39-18-00001-0050-00004/0 $ 23.89 Under Minimum STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-39-20-00001-0130-99993/0 $ 25.10 Under Minimum DM PERFECTION INC 33-39-24-00014-0000-00000/1 $ 11.93 Under Minimum TREASURE COAST COMMUNITY HEALTH INC 33-39-26-00001-0010-00002/1 $ 21.50 Under Minimum DR HORTON INC 33-39-35-00010-0000-01030/1 $ 21.50 Under Minimum DR HORTON INC 33-39-35-00010-0000-01030/2 $ 21.50 Under Minimum TREASURE COVE RE HOLDINGS LLC 33-40-16-00004-0000-00021/1 $ 2.39 Under Minimum VISTA II INC * 33-40-19-00001-0010-00002/1 $ 10.72 Under Minimum SOUTH PASSAGE ASSN INC 33-40-28-00000-0030-00001/0 $ 11.34 Under Minimum SOUTH PASSAGE ASSN INC 33-10-28-00000-0030-00003/0 $ 29.10 Under Minimum SOUTH PASSAGE ASSN INC 33-40-28-00000-0030-00004/0 $ 20.43 Under Minimum MAASAI SPECIAL PROJECTS FUND INC 33-40-28-00000-0030-00005/0 $ 20.21 Under Minimum MREIT LLC 33-40-28-00000-0030-00007/0 $ 23.97 Under Minimum FEITOSA BERNARDO 33-40-28-00000-0040-00005/0 $ 2.52 Under Minimum REDEVGROUP INC 33-40-28-00000-0040-00007/1 $ 5.72 Under Minimum HARBOUR SIDE YACHT CLUB INC 33-40-28-00005-0000-00000/1 $ 9.00 Under Minimum FLORIDA POWER & LIGHT COMPANY 33-40-31-00000-5000-00004/1 $ 23.85 Under Minimum INDIAN RIVER LAND TRUST INC & 33-40-31-00005-0010-00001/0 $ 29.00 Under Minimum TOTAL - UNDER MINIMUM $ 5,549.19 DISCOUNTS ALLOWED TOTAL - DISCOUNTS $ 13,089,540.79 GRAND TOTAL - ERRORS, INSOLVENCIES, UNDER MINIMUM, AND DISCOUNTS $ 14,017,516.82 51 To Tax Collectors: l 1. Use this for the last sheet on your report of discounts, errors, double assessments, and insolvencies. 2. Do not list any item without showing the reason for reduction in the right-hand column. 3. As much as possible, group together all items coming under one heading. For instance, place all errors under one heading, all double assessments under another, exemptions under another, etc. 4. For exemptions, specify whether widow, veteran, homestead, disability, etc. Tax Collector Recapitulation I, Carole Jean Jordan , Tax Collector of Indian River County, Florida, certify this is a report of all discounts, errors, double assessments, insolvencies, and federal bankruptcies on the assessment roll for 2022 ; that the discounts were actually earned for the month as shown; that the attached list shows all errors and double assessments as the property appraiser certified; that I have allowed no exemptions, other than those the attached list shows as certified by the property appraiser; that each item marked insolvent on the attached list is in fact insolvent and, although I have made a diligent search, I have been unable to find the tangible personal property to levy on to enforce the payment of the tax; and that I have not collected any of the items on the attached list. I am entitled to credit against the 2022 assessment roll on the following amounts: Discounts 13, 089,540.79 Errors 921, 349.71 Double Assessments 0.00 Insolvencies 1,077.13 Federal Bankruptcies 0.00 Other: (specify) Under minimum 5,549.19 Total 14,017,516.82 Q. Indian River Signature, fax Collector County 06/14/2023 Date Wm o INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator PREPARED BY: Andy Sobczak; Interim Community Development Director DATE: June 27, 2023 SUBJECT: Request to Waive Bid Process for Community Development Software It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 11, 2023. DESCRIPTION & CONDITIONS The Community Development Department is transitioning away from CD Plus (our legacy software) which has been used to administer planning reviews, permitting, code enforcement, building permits, and the State Housing Initiative Partnership program (SHIP). While replacement software for many of the Department's functions has been identified and/or is available from multiple vendors, the SHIP program has more specialized needs. In addition, due to the recent significant increase in SHIP applications, staff has been looking for ways to more quickly process incoming applications to reduce the backlog. After learning about a software provider (Neighborly Software) that specializes in SHIP administration at a recent conference, staff reached out to several neighboring jurisdictions that use this software. Based on those discussions, the feedback from Neighborly Software users was overwhelmingly positive. ANALYSIS Neighborly Software simplifies the SHIP review process by automating the enrollment, administration, and required reporting to state authorities. Currently, most of these processes are done via paper hardcopy documents through CD Plus. There are 67 other jurisdictions in Florida that use Neighborly Software to administer their housing programs, and 375 nationwide. While a competitive -bid process is typically used to seek new services, such as housing administration software, based on research by staff, no similar products to Neighborly Software are currently available. For this reason, the other Florida agencies using the software staff was able to contact, noted that they either declared Neighborly Software as a sole source to administer their housing programs, or waived the requirement for bids. Staff also consulted with My Government Online (MGO) concerning the availability of software to administer the SHIP program. MGO's software is replacing CD Plus for planning, code enforcement, and building division functions. MGO does not have software available to administer the county's SHIP program, they would need to create software to fulfill the individual needs of the SHIP program. For these reasons, staff is recommending to waive the bid process and contract with Neighborly Software to address the immediate needs of the SHIP program and its applicants. FUNDING The SHIP program has budgeted seventeen thousand dollars ($17,000) for fiscal year 2023/2024 for the first (ls) year implementation and maintenance costs from SHIP/Computer Software, account #12322869-035120. Subsequent annual costs for the two modules included in the contract are estimated to be approximately $12,000 for 5 users on an annual basis. RECOMMENDATION Staff recommends that the Board of County Commissioners waive the requirement for bids, approve the proposed Neighborly Community Development Software agreement, and authorize the Chairman to sign it after review and approval by the County Attorney as to form and legal sufficiency. Attachments: 1. Neighborly Software Sole Source Vendor brochure 2. Neighborly web -based Community Development Software Agreement 2 54 Z4 �Z Ak� , wi'7, 011 e 7Y Benevate, Inc is the producer and sole source vendor of Neighborly Software's Housing, Economic and Community Development hosted software. Benevate further certifies that no other hosted software is available for purchase that can address all of the Housing, Economic and Community Development needs in one solution, including: Automating the enrollment, qualification, administration and reporting for ALL of your housing, economic, and community development programs: Affordable Housing Construction Down Payment Assistance Tenant Based Rental Assistance Employer Assisted Housing Lead Remediation Housing Rehabilitation / Repair Home Accessibility Modifications Asset Management (Housing) HOPWA Grants Public Service Grants (CDBG) Homeless Grants (ESG) Public Facilities & Infrastructure Property Acquisition & Demolition Community Land Trust Business Fagade Improvements Meal Delivery Services Economic Development Revolving Loans Disaster Recovery Enabling you to originate and administer deferred, forgivable, and amortizing loans. Providing an online participant portal that allows beneficiaries to apply for grant funding, view loan information, request loan payoff details and attest to ongoing program requirements. Providing an online portal that allows sub -recipients to apply for grant funding, submit monthly accomplishment reports and make draw requests. Assigning internal and external reviewers to subjectively score and make funding recommendations for prioritizing competitive grant submissions. Providing an online portal that allows contractors to respond to construction/ rehabilitation bidding opportunities through a sealed bidding environment, update their insurance/license information, upload before and after pictures and make draw requests. Enabling housing inspectors to complete HQS/OPCS inspections and Work Write Ups from the "field" using a mobile tablet device. Empowering your organization to track multiple funding sources across all programs. Allowing your organization to report the results of all Housing, Economic, and Community Development programs on a consolidated map. Benevate's solution is unique and market leading as evidence by the fact that 80 -percent of our public sector contracts have been limited bid/sole sourced. 56 r, : } Benevate, Inc is the producer and sole source vendor of Neighborly Software's Housing, Economic and Community Development hosted software. Benevate further certifies that no other hosted software is available for purchase that can address all of the Housing, Economic and Community Development needs in one solution, including: Automating the enrollment, qualification, administration and reporting for ALL of your housing, economic, and community development programs: Affordable Housing Construction Down Payment Assistance Tenant Based Rental Assistance Employer Assisted Housing Lead Remediation Housing Rehabilitation / Repair Home Accessibility Modifications Asset Management (Housing) HOPWA Grants Public Service Grants (CDBG) Homeless Grants (ESG) Public Facilities & Infrastructure Property Acquisition & Demolition Community Land Trust Business Fagade Improvements Meal Delivery Services Economic Development Revolving Loans Disaster Recovery Enabling you to originate and administer deferred, forgivable, and amortizing loans. Providing an online participant portal that allows beneficiaries to apply for grant funding, view loan information, request loan payoff details and attest to ongoing program requirements. Providing an online portal that allows sub -recipients to apply for grant funding, submit monthly accomplishment reports and make draw requests. Assigning internal and external reviewers to subjectively score and make funding recommendations for prioritizing competitive grant submissions. Providing an online portal that allows contractors to respond to construction/ rehabilitation bidding opportunities through a sealed bidding environment, update their insurance/license information, upload before and after pictures and make draw requests. Enabling housing inspectors to complete HQS/OPCS inspections and Work Write Ups from the "field" using a mobile tablet device. Empowering your organization to track multiple funding sources across all programs. Allowing your organization to report the results of all Housing, Economic, and Community Development programs on a consolidated map. Benevate's solution is unique and market leading as evidence by the fact that 80 -percent of our public sector contracts have been limited bid/sole sourced. 56 BENEVATE, INC. d/b/a NEIGHBORLY SOFTWARE SAAS ORDER FORM Customer Information Account Name: Indian River County, FL Initial Service Term: One (1) Year from Effective Date Address: Community Development Department 1801 27th Street Vero Beach, FL 32960-3365 Billing Contact Name & Title: Andy Sobczak, Phone: (772) 226-1249 Interim Community Development Director • Dedicated Client Success Manager Email: asobczak@ircgov.com Alternate Contact Name & Title: Kathy Charest, Assistant to Phone: 772-226-1254 Interim Community Development Director • Data Storage, Backup, and Recovery Email: kcharest@indianriver.gov PURCHASE SUMMARY Annual Recurring Fees Unit Price Quantity Annual Total �'_l Administrative License Fee for One Year (Users 1-10) $2,400.00 5 $12,000 Administrative License Fee for One Year (Users 11+) $1,800.00 $0 Services Included: • Hosted Software to Administer Program(s) • Dedicated Client Success Manager • Technical Support (Monday — Friday: 8:00 a.m. to 8:00 p.m. EST) • Hosting/Security in Microsoft Tier IV Data Center • Data Storage, Backup, and Recovery One -Time Fees Unit Price Quantity One -Time Total Implementation of Program(s) $2,500.00 2 T $5,000 Services include System Configuration, Program Design, and Administrator Training for the following programs: • Purchase Assistance • Housing Rehabilitation Subtotals Annual Subtotal (Licenses): $12,000 One -Time Subtotal (Implementation): $5,000 TOTAL: $17,000 57 Benevate Inc. (dba Neighborly Software) SAAS Services Order Form SOFTWARE AS A SERVICE (SAAS) AGREEMENT This SaaS Agreement ("Agreement") is entered into on this day of 2023 (the "Effective Date") between Benevate, Inc., d/b/a Neighborly Software, a Delaware Corporation, with its principal place of business located at 3423 Piedmont Rd. NE, Atlanta, GA 30305 ("Company"), and the Customer listed above (referred to as the "Customer") (collectively referred to as the "Parties"). This Agreement includes and incorporates the above Order Form, the Terms and Conditions below, and Exhibits A - B attached hereto. TERMS AND CONDITIONS 1. DEFINITIONS. a. "Authorized User" means those individuals designated and authorized by the Customer to use one of the purchased licenses to access the Software and Services, using his or her login credentials (email address and password), which may only be used by that single, named user. b. "Confidential Information" means all information, in oral, written, machine readable, sample or any other form, that either Party discloses ("Discloser") to the other ("Recipient") relating to the business of Discloser, whether furnished before or after the Effective Date of this Agreement, including, without limitation, information related to pricing, products, services, Customer Data, and any implementing regulations or guidelines, proprietary business practices, policies, finances, procedures, sales, costs, liabilities, markets, strategies, concepts, methods or employees, that is not generally ascertainable from public or published information or sources, and all analyses, compilations, data, studies, notes, memoranda or other documents prepared by Discloser based on such Confidential Information. c. "Customer Data" means any non-public, personal information provided by the Customer to the Company to enable the provision of Services. d. "Documentation" means the applicable training materials, user guides, publicly available marketing and/or proposal materials, and other similar information, or other documents disseminated under or governed by confidentiality obligations which pertain to the Software or Services provided by Company, which may be updated by Company at any time without notice to include information about new features and incorporate feedback to help Company's customers understand how to use the Software and Services. e. "License Fees" means the annual cost for the administrative license(s) enabling users to have access to the Software. f. "Professional Services" means non-standard customization and services available at an additional fee, including, but not limited to, data migration services, in-person trainings, Power BI services, geographical data services, non-standard professional developer services, etc. g. "Services" means standard implementation services, configuration of stated program(s) to allow for enrollment, qualification, administration and reporting, access to the Software, technical support services, hosting and security services, data storage, backup, recovery, and other services provided by the Company as described in the Order Form or this Agreement. h. "Software" means the proprietary web -based products, including, but not limited to, the source code, object code or underlying structure, ideas, know-how or algorithms, documentation, or data related to the Services provided by Company, or its licensors identified on an Order Form and subsequently made available to Customer by Company in accordance with an Order Form or this Agreement. 2. SOFTWARE AND SERVICES. a. During the Term of this Agreement, Company will provide Customer access to, and use of, the Software, Services, and Documentation by enabling a portal for Customer to access through a web browser (the "Portal"). b. This Agreement does not contemplate any customized products, services, work -for -hire, or code developed exclusively for Customer. In the event that the Parties agree that Company shall provide such non-standard Professional Services, the description of the services and applicable ownership rights with respect to such Professional Services will be set forth in a separately executed Professional Services Agreement. This Agreement does not contemplate any IP rights beyond the terms provided herein. c. Company will make available to Customer all updates and any documentation for such updates to the Services. Company will use commercially reasonable efforts to ensure that (i) new features or enhancements to existing features are synchronized with the previous version, and (ii) updates will not degrade the performance, functionality, or operation of the Services. General maintenance of the system is completed on a regular basis to ensure optimal performance of the Services. 2 58 Benevate Inc. (dba Neighborly Software) SAAS Services Order Form d. Service Levels. Company will use commercially reasonable efforts to maintain the availability of the Services at a level of 99.5%. For further specifications regarding the Service Levels, refer to Service Level Terms attached as Exhibit "A" to this Agreement. e. Technical Support. With the exclusion of Federal Holidays, Technical Support is available from 8:00 a.m. to 8:00 p.m. EST, Monday - Friday. ("Support Hours'). Customer shall initiate a helpdesk ticket during Support Hours by sending an email to support@neighborlysoftware.com. Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day. f. Data Storage. All Customer Data will be stored, processed, and maintained solely in data centers located in the United States. g. Backup and Recovery of Customer Data. Company is responsible for maintaining a backup of the Customer Data and for an orderly and timely recovery. Company shall maintain a contemporaneous backup of Customer Data that can be recovered within a reasonable period of time. 3. CUSTOMER RESTRICTIONS AND RESPONSIBILITIES. a. Customer will not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation, or data related to the Services ("Software"); (ii) modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); nor (iii) use the Services or any Software for timesharing or service bureau purposes. b. Customer represents, covenants, and warrants that Customer will use the Services in compliance with all applicable laws and regulations. Subject to the limitations set forth in section 768.28, Florida Statutes, and without in any manner waiving its sovereign immunity, Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing. c. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like. d. At no time is it permissible for an Authorized User to share their login credentials. The number of Authorized Users licensed hereunder is specified in the Order Form or as formally requested and approved, in writing, during the Term. Customer is solely responsible for maintaining the status of its Authorized Users and the confidentiality of all login credentials and other Portal access information under its control. Customer will notify Company immediately if Portal information is lost, stolen, or disclosed to an unauthorized person or any other breach of security in relation to its passwords, usernames, or other Portal access information that may have occurred or is likely to occur. 4. CONFIDENTIALITY; PROPRIETARY RIGHTS a. Duty Not to Disclose Confidential Information. In connection with the Agreement, Recipient, and its employees and agents, may have access to the Confidential Information of the Discloser. Recipient shall, and shall ensure that its employees and agents shall, keep the Confidential Information of the Discloser in strict confidence and use it only for the purpose of performing its duties under this Agreement. Recipient will not directly or indirectly disclose, publish, disseminate, make available or otherwise communicate in any way, to any third person not having a need to know in order to perform its duties under this Agreement, any Confidential Information of the Discloser, without the Discloser's prior written consent. Recipient will have appropriate safeguards in place within its organization to restrict access to Confidential Information to only those individuals as needed in connection with the performance of this Agreement. Recipient will take care of Confidential Information using at least the same standard of care it would use with its own confidential information, but in no event shall Recipient use less than reasonable care in protecting such Confidential Information. b. Mandatory Disclosures. In the event that Recipient is required by law, a binding order of a governmental agency or court of competent jurisdiction to disclose any Confidential Information of the Discloser, it shall, if legally permitted, provide the Discloser with prompt written notice (via e-mail that is acknowledged as received) to allow the Discloser an opportunity to appear and object prior to Recipient's compliance with requested disclosure. The written notice shall provide Discloser with 59 Benevate Inc. (dba Neighborly Software) SAAS Services Order Form sufficient information describing the content of the information to be disclosed. If such objection is unsuccessful, then Recipient shall produce only such Confidential Information as is required by the court order or governmental action. c. Customer shall own all right, title, and interest in and to the Customer Data, as well as any data that is based on or derived from the Customer Data and provided to Customer as part of the Services. d. Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements, or modifications thereto, (b) any software, applications, inventions, or other technology developed in connection with implementation of services or support, and (c) all intellectual property rights related to any of the foregoing. e. Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and (ii) disclose such data solely in aggregate or other de -identified form in connection with its business. 5. PAYMENT OF FEES a. Payment Terms. Customer shall pay Company the fees listed in the Purchase Summary of the Order Form. An invoice for the fees will be sent to the Customer immediately following the Effective Date and is due within forty (40) days from the date of the invoice, in accordance with the requirements set forth in Section 215.422, Florida Statutes, the Florida Local Government Prompt Payment Act. b. Late Payments. If the Customer fails to pay any invoice in full within forty-five (45) days from the due date, the Company shall have the right to suspend the Services until payment is received. Suspension of Services in accordance with this subsection shall not be deemed a breach of this Agreement. C. Addition of Licenses or Programs. During the Initial Service Term, the Customer may add additional licenses and/or programs for an additional charge. Additional programs will be charged at the rate provided in the Order Form. Additional licenses will be charged on a pro rata basis. d. Implementation & Delay Fees. Implementation costs are based on a 6 -8 -week implementation period (for up to four (4) programs). Company reserves the right to assess a weekly fee of $500.00 for implementations that exceed eight (8) weeks, beginning on the date of the Kickoff Meeting, and caused solely by Customer's delays. e. Renewal. Company reserves the right to change the fees listed in the Order Form at the end of the Initial Service Term or then - current renewal term. The Company shall provide the Customer with an invoice (via e-mail) based on the Company's then - current pricing, sixty (60) days prior to end of the Initial Service Term or then -current renewal term. f. Taxes. The fees do not include any taxes, including, without limitation, sales, use or excise tax. If Customer is a tax-exempt entity, you agree to provide Company with a tax-exempt certificate. Otherwise, Company will pay all applicable taxes to the proper authorities and Customer will reimburse Company for such taxes (this excludes Company's income taxes, both federal and state, as applicable, arising from Company's performance of this Agreement). g. The parties acknowledge that appropriation of funds is a governmental function which the Customer cannot contractually commit itself in advance to perform and this Agreement does not constitute such commitment. The Customer's obligation to pay under this Agreement is contingent upon Customer's annual appropriation of funds for such purpose, and the non - appropriation of funding for such purpose in any fiscal year shall immediately relieve both parties of their respective obligations hereunder, as of the last day for which funds have been appropriated. The Customer shall immediately notify the Company in writing (via e-mail), upon determining that sufficient funds will not be budgeted and appropriated in any fiscal year under this Agreement. 6. TERM AND TERMINATION a. Term and Renewal. Subject to earlier termination as provided below, the term of the Agreement shall commence on the Effective Date and shall cover the Initial Service Term as specified in the Order Form and shall renew for additional periods of the same duration as the Initial Service Term (collectively, the "Term"), upon written agreement, by the Parties. 4 60 Benevate Inc. (dba Neighborly Software) SAAS Services Order Form b. Termination for Cause. This Agreement may be terminated by either Party for cause by providing written notice (via e-mail) to the other Party upon the occurrence of any of the following events (each, an "Event of Default"): (i) If the other Party ceases to do business, or otherwise terminates its business operations, except as a result of an assignment permitted under this Agreement; (ii) If the other Party materially breaches any material provision of this Agreement and fails to substantially cure the breach within ten (10) business days of receipt of written notice describing the breach; or (iii) If the other Party becomes insolvent or seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against the other Party and not dismissed within sixty (60) days; provided however that in such event, termination will not require notice to the other Party. c. Effect of Termination. Upon the termination of this Agreement, Company shall disable the Company's website portal and provide the Customer with a final extract of the Customer Data via the Secure File Transfer Protocol (SFTP), within a reasonable time, not to exceed thirty (30) days from the date of the termination. The extraction and transfer of the Customer Data will be provided without charge and without any conditions or contingencies whatsoever (including but not limited to the payment of any fees due to Service Provider). Within thirty (30) days from the date of the final extraction and transfer of the Customer Data via the SFTP, the Company shall provide Customer with a Termination of Services and Final Data Destruction Agreement (the "Termination Agreement"), which will provide the details regarding termination of services and final data destruction, a sample copy of which is attached hereto as Exhibit `B". The Customer acknowledges and agrees that if the Termination Agreement is not executed and returned by the Customer within fifteen (15) days, the Company will follow the default process which provides for final destruction of Customer Data forty-five (45) days after the final extraction and transfer via the SFTP. The Customer acknowledges and agrees that the Company has no obligations whatsoever with regard to the Customer Data following the final destruction. The Company will provide the Customer with a Certification of Data Destruction when the Customer Data has been permanently deleted in accordance with this subsection. This Section shall survive the termination of this Agreement. 7. WARRANTY AND DISCLAIMER a. Company Warranty. Company represents and warrants the following: (a) the Documentation sufficiently describes features, functionality, and operation of the Software as applicable; (b) the Software, as applicable, conforms to the Documentation and is free from defects in material and workmanship; (c) the Software does not contain any viruses or other malicious threats, programs, features, or devices ("Viruses") that could harm Customer, and Company uses commercially reasonable efforts to prevent and eradicate such Viruses. Furthermore, consistent with prevailing industry standards, Company shall maintain the Software in a manner which minimizes errors and interruptions and shall perform the Services in a professional and workmanlike manner. Notwithstanding the foregoing, the Software may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond Company's reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. b. Loss of Data. In the event of any act, error or omission, negligence, misconduct, or breach that compromises or is suspected to compromise the security, confidentiality, or integrity of Customer Data or the physical, technical, administrative, or organizational safeguards put in place by Company that relate to the protection of the security, confidentiality, or integrity of Customer Data, Company shall, as applicable: (i) notify Customer as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; (ii) cooperate with Customer in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by Customer; and (iii) in the case of Personally Identifiable Information (PII), at Customer's sole election, notify the individuals whose PII was compromised as soon as practicable but no later than is required to comply with applicable law, or, in the absence of any legal requirement, within five (5) calendar days of the occurrence; and/or (iv) perform or take any other actions required to comply with applicable State law as a result of the occurrence. c. DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT 5 61 Benevate Inc. (dba Neighborly Software) SAAS Services Order Form WARRANT THAT THE SERVICES WILL BE ERROR -FREE OR UNINTERRUPTED OR MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE AND SERVICES. THE LIMITED WARRANTIES PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED TO CUSTOMER IN CONNECTION WITH THE PROVISION OF THE SOFTWARE AND SERVICES. 8. INDEMNITY a. Company will indemnify, defend, and hold harmless the Customer against all claims, suits and actions asserted by an unaffiliated third party against the Customer for liabilities, damages and costs, including reasonable attorneys' fees, incurred in the defense of any claim brought against Customer alleging that any Software or Services infringes or misappropriates a third -party's U.S. registered patent right, trademark, or copyright (an "Infringement Claim"), provided Company is promptly notified of any and all threats, claims, and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement. Customer shall not settle or compromise such Infringement Claim without the express written consent of the Company. b. Company's indemnity obligation under this Section shall not extend to claims that arise from: (i) An unauthorized modification of the Software or Services by Customer where the Software or Services would not be infringing without such modifications; (ii) Customized portions of the Services designed in accordance with written specifications provided by Customer where the Software or Services would not be infringing but for Company's compliance with such written specifications; (iii) The failure of Customer to install an update to the Software or Services provided by Company that would have avoided the actual or alleged infringement; (iv) The combined use by Customer of the Software or Services with other components, products, or services not provided by Company where the Software or Services would not be infringing but for such combination; and/or (v) Workflows, analytic applications, algorithms, or other applications or programming built by Customer or created by or on behalf of Customer without Company's approval. 9. LIMITATION OF LIABILITY a. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR LIABILITY RESULTING FROM (1) A PARTY'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS SET FORTH IN PARAGRAPH 4; (2) A PARTY'S INDEMNIFICATION OBLIGATIONS SET FORTH IN PARAGRAPHS 3(D) AND 8; OR (3) A PARTY'S WILLFUL MISCONDUCT OR FRAUD, IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING., BUT NOT LIMITED, TO LEGAL FEES AND EXPENSES), WHETHER FORESEEABLE OR UNFORESEEABLE, THAT MAY ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY OR NEGLIGENCE. EXCEPT FOR LIABILITY RESULTING FROM (1) A PARTY'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS SET FORTH IN PARAGRAPH 4; (2) A PARTY'S INDEMNIFICATION OBLIGATIONS SET FORTH IN PARAGRAPHS 3(D) AND 8; OR (3) A PARTY'S WILLFUL MISCONDUCT OR FRAUD, IN NO EVENT WILL THE AGGREGATE LIABILITY OF EITHER PARTY EXCEED THE GREATEST AMOUNT OF THE FEES PAID OR OWED BY EITHER PARTY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS IN THIS SECTION FORMED A BASIS FOR ENABLING EACH PARTY TO OFFER AND ACCEPT THE TERMS HEREIN. 10. INSURANCE a. During the course of performing its duties under this Agreement, Company agrees to maintain the following levels of insurance: (a) Commercial General Liability of at least $2,000,000 in aggregate and $1,000,000 each occurrence; (b) Professional Liability (E&O) of at least $5,000,000; (c) Cyber Liability of at least $5,000,000; (d) Commercial Auto Insurance for Hire and Non - owned vehicles of at least $1,000,000; and (e) Workers Compensation complying with applicable statutory requirements. Company will provide Customer with copies of certificates of insurance upon Customer's written request. 62 Benevate Inc. (dba Neighborly Software) SAAS Services Order Form 11. DISPUTE RESOLUTION a. Venue for any action arising from or relating to this Agreement shall be in the state court of Indian River County, Florida or for federal cases, in the Southern District of Florida, Fort Pierce Division. 12. NOTICE a. Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient when delivered (a) personally or by overnight courier, (b) sent by email, or (c) forty-eight (48) hours after being deposited in the U.S. mail as certified or registered mail with postage prepaid, addressed to the party to be notified at such party's address or email address as set forth in this section. E-mail is the preferred method of notice. Any change of address, e-mail address, telephone number, or person to receive notice shall be made by notice given to the other Party. b. Addresses. Subject to change pursuant to this Section above, the addresses for notices areas follows: For the Company: Jason Rusnak Benevate, Inc. (dba Neighborly Software) 3423 Piedmont Rd, NE Atlanta, GA 30305 Phone: Email: Jason.Rusnak(a),Nei hg borlySoflware.com Sarah Bohentin Benevate, Inc. Phone: 850-363-1717 Email: Sarah.Bohentin@NeighborlySoftware.com For the Customer: Andy Sobczak Interim Community Development Director Indian River County 1801 27th Street Vero Beach, FL 32960-3365 Phone: 772-226-1269 Fax: 772-226-1232 Email: asobczak@ircgov.com 13. MISCELLANEOUS a. Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. b. Waivers. No waiver of any provision of this Agreement or consent to any action shall constitute a waiver of any other provision of this Agreement or consent to any other action. No waiver or consent shall constitute a continuing waiver or consent or commit a Party to provide a future waiver. Any provision of this Agreement may be waived only with the written consent of the Parties. Company may use Customer's name and logo in a list of customers section on its website. c. Entire Agreement & Amendments. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. 63 Benevate Inc. (dba Neighborly Software) SAAS Services Order Form d. Assignment. This Agreement is not assignable, transferable, or sub -licensable by either Party without the other Parties prior written consent, except as such assignment, transfer or sublicense is in connection with a merger, acquisition, or similar change of control event. e. Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and the Parties do not have any authority of any kind to bind the other Party in any respect whatsoever. f. Force Majeure. Neither Party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of amounts due) to the extent caused by strikes, shortages, riots, insurrection, fires, flood, storm, explosions, pandemics, acts of God, terror, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond the reasonable control of such party. Upon an occurrence of an event of force majeure, Company cannot ensure uninterrupted or error free service or access to the Software or Services and there may be periods where access is delayed, limited or unavailable. Company shall use commercially reasonable efforts to provide the Software or Services to Customer in accordance with its Business Continuity and Disaster Recovery Plan a copy of which will be provided upon written request. g. This Agreement shall be governed and construed in all respects in accordance with the laws of the State of Florida. h. TERMINATION IN REGARD 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. Customer 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. i. Company 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. Company is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK — SIGNATURE PAGE FOLLOWS 8 64 SIGNATURE PAGE BENEVATE, INC. By: By: Name: J. Jason Rusnak INDIAN RIVER COUNTY, FL Joseph H. Earman, Chairman By: Title: President, Benevate, Inc. John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) 9 65 Benevate Inc. (dba Neighborly Software) SAAS Services Order Form 10 66 Benevate Inc. (dba Neighborly Software) SAAS Services Order Form EXHIBIT A Service Level Terms This Exhibit A outlines the Company's commitments to provide Support Services and problem resolution regarding the performance of the Software and/or Services. 1. Definitions. a. "Error" means a failure of the Software to perform in accordance with the Documentation, resulting in the inability to use, or material restriction in the use of, the Software. b. "Scheduled Downtime" means any period of time during which the Software or Services are unavailable due to the Company's planned maintenance and support of the Software or Services. Scheduled Downtime and are excluded from the 99.5% Service Availability calculation. c. "Support Services" means technical support assistance provided by Company personnel to Customer's designated administrators for problem resolution, bug reporting, and/or technical assistance. d. "Unscheduled Downtime" means any time the Software is not available due to an event or circumstance excluding Scheduled Downtime or Force Majeure and the amount of time required by Company to resolve or provide a work around for the failure of any documented feature required to complete a primary function of the Software in accordance with the Documentation. e. "Update" means any error correction, bug fix, patch, enhancement, improvement, update, upgrade, new version, release, revision or other modification to the Software or Services provided or made available by the Company pursuant to the Agreement, including, without limitation, any update designed, intended, or necessary to make the Software, Services, or Customer's use thereof compliant with applicable law. 2. Service Availability. a. Company will use commercially reasonable efforts to maintain the availability of the Software to the Customer at 99.5%. All Updates will be completed outside of standard business hours (same as Support Hours). Notification of Updates will not be provided unless downtime is expected. If major Updates are required during standard business hours due to necessity, Company will provide notification to Customer as soon as reasonably possible. Updates during Scheduled Downtime and are excluded from the 99.5% Service Availability calculation. 3. Technical Support. a. Availability. With the exclusion of Federal Holidays, Technical Support is available from 8:00 a.m. to 8:00 p.m. EST, Monday - Friday. ("Support Hours"). b. Procedure. Customer must initiate a helpdesk ticket during Support Hours by sending an email to support@neighborlysoftware.com. Company will use commercially reasonable efforts to respond to all Help tickets in the manner set forth in Paragraph 4. c. Conditions for Providing Support. Company's obligation to provide Software or Services in accordance with the stated Service Availability is conditioned on Customer providing Company with sufficient information and resources to correct the Error, as well as access to the personnel, hardware, and any additional systems involved in discovering the Error. 4. Ticket Resolution. Company will use all commercially reasonable efforts to resolve support tickets in the process described below. Response metrics are based on issues being reported during Support Hours. a. Standard Ticket: Issue does not significantly impact the operation of the software or there is a reasonable 11 67 Benevate Inc. (dba Neighborly Software) SAAS Services Order Form workaround available. (i) Response Metric: Neighborly Software will use commercially reasonable efforts to respond and resolve all Standard tickets within eight (8) business hours of notification. b. Priority Ticket: Software is usable, but some features (not critical to operations) are unavailable. (i) Response Metric: Neighborly Software will use commercially reasonable efforts to respond to all Priority tickets within two (2) hours and resolve Priority tickets within six (6) business hours of notification. C. Emergency Ticket: Issue has rendered software unavailable or unusable, resulting in a critical impact on business operations. The condition requires immediate resolution. (i) Response Metric: Neighborly Software will use commercially reasonable efforts to respond to all Emergency tickets within one (1) hour and resolve Emergency tickets within two (2) business hours of notification. 5. Remedies. If Customer reasonably believes that Company has failed to achieve its Service Availability commitments in any given month, the Company shall, following Customer's written request, provide a report that contains true and correct information detailing Company's actual Service Availability performance. Customer must have reported an issue with the Service Availability within the calendar month and must request the report within ten (10) days of the end of the calendar month. The sole remedies for failure to meet the Service Availability level of commitment is a service refund based on the following: a. less than 99.5% but equal to or above 97%, Company shall provide Customer with a root cause analysis and a written plan for improving Company's Service Availability to attain the 99.5% Service Availability and Company shall promptly implement such plan; b. between 96.9% and 93%, Company shall provide Customer with a service refund in an amount equal to 10% of the prorated amount of the License Fees for one month; c. between 92.9% and 90%, Company shall provide Customer with a service refund in an amount equal to 25% of the prorated amount of the License Fees for one month; d. Less than 90%, Company shall provide Customer with a service refund in an amount equal to 100% of the prorated amount of the License Fees for one month; 6. Exclusions. Company shall have no liability for, and shall make no representations or warranties respecting Service Availability or lack of availability of the Software due to: (1) outages caused by the failure of public network or communications components; (2) outages cause by a Force Majeure event; (3) outages or Errors caused by the Customer's use of any third -party hardware, software, and/or services; (4) Errors caused by the individual Authorized User's desktop or browser software; (5) Errors caused by the Customer's negligence, misconduct, hardware malfunction, or other causes beyond the reasonable control of the Company; and/or (6) Customer has not paid License Fees under the Agreement when due. 12 68 Benevate Inc. (dba Neighborly Software) SAAS Services Order Form EXHIBIT B Sample Termination of Services and Data Destruction Agreement This Termination of Services and Final Data Destruction Agreement is made as of [Effective Date], by and between Benevate, Inc. d/b/a Neighborly Software, a Delaware corporation (the "Company'), and [Full Legal Name] (the "Customer"), collectively referred to as the "Parties." Pursuant to the Software as a Service Agreement, attached hereto as Exhibit "A" (referred to as the "Agreement"), the Company has housed the Customer Data (defined as any non-public, personal information provided by the Customer to the Company to enable the provision of Services). 1. The parties agreed to terminate the Agreement as of [Date] (Termination Date) and acknowledge and agree to the terms provided herein. a. Portal Disabled. The Company disabled the Customer's portal website on the Termination Date, restricting Customer's ability to insert or alter any data in preparation for the final data extraction. b. Final Extraction of Customer Data. Company completed a final extraction of the Customer Data and provided said data to the Customer on [Date] (Final Extraction Date), via the Secure File Transfer Protocol (SFTP). c. Loss of Access. The Customer shall continue to have access to the Customer Data via the Secure File Transfer Protocol (SFTP) until [Date], thirty (30) days from the Final Extraction Date. d. Customer Responsibility. The Customer is solely responsible for retrieving and storing the data provided via the SFTP within this thirty (30) day period. If the Customer fails to retrieve and store the data, there is no recourse as the data will have been permanently deleted in accordance with subsection (e). e. Destruction of Data. The Customer Data will be permanently deleted by the Company on [Date], forty- five (45) days from the Final Extraction Date. 2. Customer Aclmowledeement. The Customer acknowledges and agrees that the Company has no obligations whatsoever with regard to the Customer Data following the final destruction of the data as referenced above. The parties have executed this Termination of Services and Final Data Destruction Agreement as of the date first above written. 13 69 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Andrew Sobczak, Interim Community Development Director DATE: June 26, 2023 SUBJECT: Increased Size Allowances for Accessory Structures on Large Single -Family Parcels It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 11, 2023. BACKGROUND: Over the past several years, Planning Division staff has seen an increase in the number of inquiries and/or building permit submittals to construct larger accessory structures (e.g. detached garages, pre-engineered metal buildings, multiple large storage sheds, etc.) on single-family zoned parcels. This has been increasingly apparent during the recent influx of new people relocating from northern states where homes typically have extra storage space within basements and/or large attics. Historically, staff has relied on the definition for "accessory use" contained within the County land development regulations (LDRs) to determine the maximum allowable size and building area for accessory structures located on single-family zoned parcels. Specifically, the definition states that an accessory use, "is subordinate in purpose, area, and extent to the principal use served." Therefore, staff's interpretation of this definition has been that the cumulative total of all accessory structures on a single-family parcel must be at least one square foot smaller than the cumulative (enclosed) building area of the principal use (i.e. the single-family home). It is still staff's opinion that this interpretation should remain unchanged for "standard" single- family parcels. However, it may also be appropriate to allow accessory structures to exceed the size of the principal use on larger single-family parcels that are .5 to 1 acre in size (or larger) where the visual impact of a larger accessory structure(s) would be lessened due to the size of the parcel. RECOMMENDATION: Staff recommends that the Board of County Commissioners consider the proposed LDR amendment request and authorize Planning Division staff to draft a County -initiated LDR amendment to provide increased size allowances for accessory structures on larger single-family parcels. C:\Granicus\Legistar5\L5\Temp\3c7ac480-93fc-4a8d-985d-77da6a8f/43c.docx Page 1 of 1 70 10 A C R E S Accessory Structures 1. Clarify the definition of Accessory Structures Z.Increase the size allowance for accessory structures in certain situations Community Development,: July 11, 2o23 Accessory Structures A C R E S 11 A C :R E S 8/3/2023 I 0 BCC Meeting July 11, 2023 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation Date: June 22, 2023 To: The Honorable Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Assistant County Administrator From: Beth Powell, Director of Parks and Recreation Subject: Resolution of the Board of County Commissioners Authorizing Funding for the Florida Department of State, Division of Historical Resources Small Matching Grant for the Gifford Parks "Tour Through Time;" and for Providing an Effective Date. BACKGROUND: In June 2022, Staff applied for a Florida Department of State, Division of Historical Resources (DHR) Small Matching Grant to produce educational signage, brochures, and a video highlighting the Gifford Community. The DHR grant, if awarded, is a 1 -year grant that would begin on July 1, 2024. The goal for this project is to create an experience showcasing the past, present, and future of the Gifford Community. The objective of this grant is to create signage and other materials that capture the rich history of the Gifford community, while at the same time bringing the story of the community through time to present. Staff will work with community leaders, the Indian River County Historical Society, and other available resources, to develop the materials that will be produced. The largest array of signage is planned for MLK Park. The interior of the Park has a small trail where the "Tour Through Time" will be showcased along this pathway. A series of signs will be produced based on pivotal events, community leadership, and other milestones that present the story of the Gifford Community. These signs will have both narrative and photography designed to engage readers with interesting and informative facts and events. MLK Park includes the Macedonia Church and the nearby Gifford Sundial Marker adjacent to the Gifford Middle School. Signage along the MLK Trail will showcase these, and other important historical sites in Gifford. Additional signage is proposed for Victor Hart Park, including the portion of the Park where the three baseball fields are located. Signage in proximity to these fields will link the history of Gifford to the Jackie Robinson Training Complex. The final two locations for proposed signage include the Gifford Dock and Hosie Schumann Park. Signage in these two locations will be designed to provide history of these sites, their link to the other historical sites, and their impact on the Gifford Community, both past and present. C:\Granicus\Legistar5\L5\Temp\261aef69-490 4eed-b907-90 09991611doc 71 The grant also will include production of brochures, providing the public a "take away" element to share with others. A video will be prepared that showcases the knowledge and experiences of community members, County historian, and other notable people. A copy of the video will be provided to the Gifford Youth Achievement Center, to local schools, and to the Historical Society for use in their programming. The video will be available through a link on the County's website, and as a QR code on prepared signage. As part of the Application process to the DHR, the County is required to provide a Resolution that states that matching funds have been allocated for this grant. The project cost is estimated to be $22,500. The County is required to match 50% ($11,250) towards the completion of the grant deliverables. A copy of the draft DHR Resolution for this grant has been attached. Should the grant be awarded, a grant agreement provided by DHR will be brought to the Board for consideration and execution, if approved. FUNDING Funding for this project, in the total amount of $22,500, will be budgeted and available in the General Fund/Parks/Other Professional Services — Gifford Tour Grant, account number 00121072- 033190-23812, in Fiscal Year 2024/2025 if the grant is awarded. The Department of State, Division of Historical Resources funds will provide $11,250 as a matching share towards this project. Account Name Account Number I Amount General Fund/Parks/Other Professional Services —Gifford Tour Grant 00121072-033190-23812 $22,500 STAFF RECOMMENDATION: Staff respectfully recommends that the Chairman execute Resolution for the DHR Small Matching Grant for the Gifford Tour Through Time project ATTACHMENT • Draft Resolution • Grant Form APPROVED AGENDA ITEM FOR JULY 11, 2023 C:\Crranicus\Legistar5\L5\Temp\261aef69-490 4eed-b907-90 09991611doc 72 RESOLUTION NO. 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING FUNDING FOR THE FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES SMALL MATCHING GRANT FOR THE GIFFORD PARKS "TOUR THROUGH TIlVIE"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River County Board of County Commissioners has submitted a grant application to provide educational information for various parks in the Gifford Community, and within the Jackie Robinson Training Complex ("Project") for the enjoyment of the citizenry of the County and the State of Florida; and WHEREAS, the Project will provide educational signage, project brochures, and an educational video describing the history of the Project through time; and WHEREAS, the Project is estimated to cost $22,500.00; and WHEREAS, Florida Department of State, Division of Historical Resources (DHR) financial assistance is required for the project mentioned above; and WHERAS, Indian River County Board of County Commissioners has allocated $11,250.00 to meet the required 50% match for the project, NOW, THEREFORE, BE IT RESOLVED AND CERTIFIED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. That it will accept the terms and conditions set forth in Chapter 1A-39, F.A.0 and Section 267.0617, F.S. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. Section 2. That it is in complete accord with the attached proposal and that it will carry out the Project in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the State. Section 3. That it has the ability and intention to finance its share of the cost of the Project and that the Project will be operated and maintained at the expense of said Indian River County Board of County Commissioners for public use. 73 Section 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. Section 5. That it will maintain adequate financial records on the Project to substantiate claims for reimbursement. Section 6. That it will make available to the DHR if requested, a post -audit of expenses incurred on the Project prior to, or in conjunction with, request for the final 10% of the funding agreed to by the DHR. Section 7. This resolution shall become effective immediately upon adoption. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss 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 Dylan Reingold County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS 2 Joseph H. Earman, Chairman 74 GRANT NAME: Tour Through Time - Gifford Community GRANT# N/A AMOUNT OF GRANT: $11,250 DEPARTMENT RECEIVING GRANT: General Services/Parks and Recreation CONTACT PERSON: Wendy Swindell TELEPHONE: X1 781 1. How long is the grant for? 1 year starting Date: 07/01/2024 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In -Kind services? X Yes No 4. Percentage of match to grant 50 % 5. Grant match amount required � 11 ,250 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 00121072-033190-23812 (project account set up for this grant) x- non. bra 7. Does the grant cover capital costs or start-up costs? Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement - Contributions 012.13 Insurance - Life & Health 012.14 1 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? no addl funding required s -15-21-12 9 5 9 3 0w-2939771992-920866299.2149 WI600- °b�'�00j'616'•` ����•m �~"�•°0--�•`�' pusnw4wwr�-nna�uwinr�8nrw..yw 763848E84o16b3739d8638+&Ao9In.wMOwn.nstl29b3cc91-7972- �w•a�an-�s•vnsw�um�uw.nm-rws.ws Signature of Preparers+99+-e966-0+.366,]]Mwoxn9.1�n8enMs.9wa-^ •--- Date: 75 Grant Amount Other Match Costs Not Covered Match Total First Year $11,250.00 $ $11,250.00 $ 22,500.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ s -15-21-12 9 5 9 3 0w-2939771992-920866299.2149 WI600- °b�'�00j'616'•` ����•m �~"�•°0--�•`�' pusnw4wwr�-nna�uwinr�8nrw..yw 763848E84o16b3739d8638+&Ao9In.wMOwn.nstl29b3cc91-7972- �w•a�an-�s•vnsw�um�uw.nm-rws.ws Signature of Preparers+99+-e966-0+.366,]]Mwoxn9.1�n8enMs.9wa-^ •--- Date: 75 INDIAN RIVER COUNTY, FLORIDA e AGENDA ITEM Assistant County Administrator / tJRi Department of General Services Parks and Recreation Date: June 21, 2023 To: The Honorable Board of County Commissioners Through: John Titkanich, County Administrator Michael C. Zito, Assistant County Administrator From: Beth Powell, Acting General Services Director/Parks and Recreation Director Subject: Approval of a License Agreement with Miss B's Learning Bees, Inc. for Use of the Intergenerational Recreation Center for a Success Team Summer Program DESCRIPTION AND CONDITIONS: Miss B's Learning Bees, Inc. is a 501(c)3 non-profit organization that provides a no cost afterschool program to qualified students enrolled in local schools. The organization relies on grants and donations to allow children the opportunity to receive afterschool support and tutoring through the program. Miss B's Learning Bees, Inc. (Miss B's) began using the Intergenerational Recreation Center (IG) in 2018 for their afterschool program. As a new facility, rental agreements were established to promote the rental space in the building as well as to assist the program in the new location. Since that time, the program has grown from using one small space with approximately 30 children, to now more than 60 children using two larger classrooms two days per week. The program is now growing once again to be able to offer its first summer program for 30 children 2 days per week from 4:00-6:00pm for the month of July and the first week of August. The proposed License Agreement is based on a bulk rental fee agreement consistent with a reduced pricing structure and other accommodations specific to facilitating the program's success at the IG. On February 5, 2019, the Board of County Commissioners (BCC) approved a Sample Bulk Rental Agreement for a reduced fee for Ballfield rentals with a requirement of 300 hours booked for a 50% volume discount off the standard rental price. A similar approach was taken for developing and negotiating this License Agreement with the organization's CEO and President, Ms. LaToya Bullard. The License Agreement's term is for the 2023 summer session beginning July 11, 2023 through August 3, 2023. It includes use of Room 131 A Tuesday and Thursday (exact dates specified in the License Agreement) for 3 hours each day. The standard non-profit rate is reduced by 50% for a total of 24 hours. 11 tables and 38 chairs are included in the License Agreement at no cost to the Applicant. Additionally, storage is included at no cost for equipment essential to the program. IG staff set up, break down, and cleaning of the room is included at a rate of $75 per day. Payment for the use of the facility has been modified for this License Agreement to be paid on the first day of each month for the current month. A current IRS 501(c)(3) letter of designation has been received. The License Agreement requires that the County be named as additional insured on the Applicant's insurance policy which has been received, reviewed, and approved by the County's Risk Manager. FUNDING 76 There are no additional funding requirements or obligations to the County as this program is operating within normal business hours. RECOMMENDATION Staff recommends the Indian River County Board of County Commissioners accept the License Agreement with Miss B's Learning Bees, Inc., and authorize the Chairman to execute the agreement after review by the County Attorney for legal sufficiency. ATTACHMENT: Indian River County iG License Agreement dated May 25, 2023 — Miss B's Learning Bees, Inc. LaToya Bullard, CEO & President — Miss B's Learning Bees, Inc. Approved Agenda Item for July 11, 2023 77 INDIAN RIVER COUNTY 1G LICENSE AGREEMENT License Preparation 6/19/2023 LiDuration: July 2023: 11,13,18, 20, 25 & 27. License uraon: Date: August 2023: 1 & 3. Organization: Miss B's Learning Bee's Inc. Contact Name: LaToya Bullard Address: 4736 341 Ave Phone: 772-7134130 City/State/zip Code: Vero Beach, FL 32967 Name of Event: Miss B's Learning Bees Success Team Summer Program Event Time: 4:00pm-6:00pm Load -In Date/Time: 3.30pm-4.00pm E -Mail: Missbslearningbees@outlook.com Expected 30 Attendance: Load -Out 6:00pm-6:30pm Date/Time: WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Indian River County Intergenerational Recreation Center and Event Venue, located in Indian River County, Florida, (the "iG Center"); and WHEREAS, the County has the authority to issue and/or execute, and Miss B's Learning Bees, Inc. (the "Applicant") desires the issuance and/or execution of, a permit/agreement for the utilization of the iG Center, which Applicant has inspected and hereby acknowledges to be sufficient for its intended purpose and/or use contemplated hereunder; and WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in the State of Florida and Indian River County, Florida and has or will obtain and maintain the proper certification, licensure, insurance, permits and all other requirements pursuant to federal, state and local laws, statutes, ordinances, rules and regulations necessary to conduct any and all activities contemplated herein, and to satisfactorily perform its obligations as herein required; and WHEREAS, the Applicant acknowledges that the use of the iG Center is subject to and expressly conditioned by section 205.04 (Permits) and section 205.09 (Sale and consumption of alcoholic beverages at designated recreational facilities), of the Indian River County Code of Ordinances, if applicable at the time of the License Duration, which are hereby incorporated by reference when applicable; NOW, THEREFORE, for and in consideration of the use of the iG Center and other valuable consideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual covenants herein contained, the parties, as indicated by their authorized representatives' signatures below, hereby agree to the terms and conditions set forth herein: iG License Agreement Page 1 of 21 Initials 78 A. PARK, PREMISES & EVENT SCHEDULE: 1. This Indian River County iG Center License Agreement ("License Agreement") applies to all events for the use of the iG Center. The areas, personnel and facilities of the iG Center which Applicant may apply for a permit, license, or use hereunder are more particularly described as I. Facilities & II. Amenities (Reference Exhibit A & Exhibit B) r Room 131 A k . a... $ 41.25 x _ _ 24 $ : 990.00 (3 hours per day) Storage Closet 131A $ - x _ $ ; Bulk Rental Agreement S'+dWmc9*dit*m FACILITY 25% discount = $247.$0 .: ToW Coit i I TT AME1vITYES PER EVENT (egotpdea) TY Tables $ 8.00 x S -: 11 tables are included in the Standard & Non >=o st Rates for all rooms at no additional cost Chairs $ 0.50 . x $ 30 chairs are included in the Standard & Nonprofit Rates for all rooms at no additional cost. 8 additional chairs will be made accessible to the Applicant in the storage closet at no charge as part of this bulk rental agreement. **additional chairs needed will be reconciled monthly and the requestfor additional chairs shall be made in writing. 'SET-UP/BREAK DOWN FEE ,Event Cleaning Fee (During Event) iG Event/Rental Usage $ %00 x- Gymansium Restrooms $ 100.00 x West Wing Restrooms 100.00 ! x East in Restrooms $ 100.00 x = : $ - }_ Post Event Fee f !Guests less than 75 $ 75.00 x $ _ $ 600.00 Guests between 75 to 150 $ 100.00 x = $ - Guests greater than 150 $ 200.00]x = $ - ;Post Event Cleaning Fee does not include decorations. Applicant is responsible for items brought in to decorate room area to include any 3rd party vendor items (e.g. lighting, sound, tents, etc), plates, cutlery, drinks, linens, slipcovers, balloons, etc. Tables must be cleared prior to Applicant departure. sAny 3rd party items left by Applicant's subcontracts or 3rd party vendors past the indicated loadout time indicated in the License Agreement are subject to additional fees. W License Agreement Initials FACILITY / PROPERTY / AMENITITIES / OTHER SUBTOTAL: = $ 1,342.50 Tax Exempt = Subtotal: = $ 1,342.50 RENTAL AGREEMENT COST = $ 1,342.50 * REFUNDABLE DameDeppsiiH S *.lfilly refundable follow3n event ivith :no additional ch a. or .dam e. i GRIND TOTAL: = S 1,342.50 *Rental Rate is subject to Board of C Cosioners **** For each quarter hour after the applicant will be charged a fee of $50.00 per quarter hoar , (the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder. III. Personnel '*V iG Event Staff N. Permits ❑ Alcohol Permit 2. Applicant may use and have access to the Premises for a period, commencing on Tuesdays and Thursdays on the dates defined below between the hours of 3:30pm and ending at 6:30pm, iG License Agreement Page 3 of 21 Initials 80 PAYMENTS Method of P nt Date Notes An3smut . S S: _ 1st of the Month for $alance Due: the Month of Service *'Damage deposit refundable with no additional charges and no damage. ** Required to Reserve Room /Area and due upon contract signing. *** License Duration shall include Event set-up, removal and clean-up. Where the Applicant requires usage a/ter the ;stipulated time, Applicant is required to pay additional charges including, but not limited to standard hourly/daily rates and any overage fees as set forth in the iG Fee Schedule attached as Exhibit B (`Fee Schedule'). —1 -111 - **** For each quarter hour after the applicant will be charged a fee of $50.00 per quarter hoar , (the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder. III. Personnel '*V iG Event Staff N. Permits ❑ Alcohol Permit 2. Applicant may use and have access to the Premises for a period, commencing on Tuesdays and Thursdays on the dates defined below between the hours of 3:30pm and ending at 6:30pm, iG License Agreement Page 3 of 21 Initials 80 ("License Duration"), which License Duration shall include Event set-up, removal and clean-up. Where the Applicant requires usage after the stipulated time, Applicant is required to pay additional charges including, but not limited to standard hourly/daily rates and any overage fees as set forth in the iG Fee Schedule attacOhed as Exhibit B ("Fee Schedule"). Dates included in License Agreement: July 2023: 11, 13, 18, 20, 25 & 27 August 2023: 1 & 3 B. AUTHORIZED USE, TERMS & CONDITIONS: The Premises are to be used by Applicant for the Miss B's Learning Bees Success Team Summer Program (the "Event"). (a) The Event may include the following activities: Supervised school summer program for elementary and middle school aged children. (b) The hours of the Event shall be: 4:00pm-6:00pm Tuesdays and Thursdays during the month of July and August starting July 6, 2023 to August 3. 2023. Program set up will be from 3:30pm-4:00pm and break -down will be from 6:00pm-6:30pm. (c) The Event shall be used for no other purpose whatsoever, unless prior written approval is requested in writing by Applicant and given by the County which approval shall be subject to availability but not be unreasonably withheld, conditioned, or delayed so long as such request is submitted at least 90 days prior to the beginning of the License Duration. Such change may result in a modification of the insurance requirements set forth in B. 17. 2. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises the following sums: (a) Rental fee will be $1,342.50, plus any additional charges imposed at the request of the Applicant to be reconciled at the end of License Duration, based on the calculations on the attached Fee Schedule. On 7/1/2023 rent is due and will be calculated based on the number of actual rental hours and days within the month of June. Any incidental charges or fees not included in this Agreement at the time of execution shall be due within five (5) business days of the conclusion of the Event as described in B. Lb. (b) A Damage Deposit of $150.00 is on file with the Indian River County Finance Department. The Damage Deposit shall be applied against the fees, costs, expenses, charges and/or delinquent payments described herein, and against any costs of repair or replacement of damages to the iG Center that directly or indirectly result from the Event, whether caused by Applicant or Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors or performers, or others on the Premises at Applicant's direction or invitation. The County's use of the Damage Deposit or any other sum described herein shall in no way constitute a waiver of any other right the County may have at law or equity. The Damage Deposit, to the extent unused, shall be returned to Applicant within thirty (30) business days following the Event. iG License Agreement Page 4 of 21 Initials 81 3. Applicant shall be financially responsible for all charges for all materials, personnel, services and equipment that the county furnishes for the Event. Applicant shall also be financially responsible for all charges for all materials, personnel, services and equipment that are provided by non -county agencies associated with this Event (i.e., stagehands, sound/light companies, ushers). 4. This License Agreement is not a permit. As set forth in sections 205.04 (Permits) and 205.09 (Sale and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the Indian River County Code of Ordinances, the Applicant must obtain the necessary iG Center use permit and alcohol permit, which collectively require the Applicant to timely obtain approvals of plans, including but not limited to, adequate sanitation facilities and sewage disposal, parking facilities, transportation of patrons, adequate medical facilities, adequate security and traffic control. Applicant shall be responsible for all costs associated with such facilities and services. 5. The County shall have the right, after coordination with the Applicant's authorized representative, to determine in its sole discretion the level of County staff necessary to service the facilities during the License Duration. Applicant shall be responsible for all additional costs for County staff and Applicant may request additional staff as needed. 6. Applicant's failure to make any of the payments required hereunder in a timely manner shall constitute a material breach and shall result in the immediate termination of this License Agreement. All fees, costs and expenses, including, without limitation, attorney's fees, incurred by the County in the collection of any payment due hereunder shall be reimbursed by Applicant. 7. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be voidable by the County at any time during the License Duration. Undisclosed and unpermitted activities shall be subject to cancellation of the Event, and Applicant shall be subject to damages, penalties and other legal and equitable remedies including, but not limited to full payment under this License Agreement. 8. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises without the express prior written consent of the Assistant County Administrator or his/her designee. 9. In the event that the Premises or any other portion of the iG Center are not vacated and cleaned by Applicant at the end of the License Duration, the County is hereby authorized to remove from the Premises or any other portion of the iG Center, at the expense of Applicant, all goods, wares, merchandise and property of any and all kinds and descriptions placed or permitted therein by Applicant and which may be then occupying the same, and County shall not be liable for any damage or loss to such goods, wares, merchandise or other property which may be sustained either by reason of such removal or of the place to which it may be removed. Applicant hereby expressly releases County from any and all such claims for damages of whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at Applicant's expense as to any claims for damages by third parties having interests in such goods, wares, merchandise and property, including costs and attorney's fees. 10. Applicant shall: (i) use and occupy the Premises in a safe and careful manner, including but not limited to properly covering any and all power cords; (ii) comply with all federal, state and local iG License Agreement Page S of 21 Initials 82 laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes provided above; (iv) not permit the Premises, or any part thereof, to be used for any unlawful purpose or in any manner that may result in or cause harm and/or damage to persons or property; (v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show -bills, lithographs, posters or cards of any description inside or in front of, or on any part of the Premises, except with the prior written consent of County, which consent shall not be unreasonably withheld, conditioned, or delayed; and (vi) deliver to the County the Premises in as good a condition and repair, including all necessary trash or waste removal, as the same shall be found at the beginning of the License Duration. Additionally, Applicant: (a) assumes all costs arising from the use of patented, trademarked or copyrighted materials, equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's expense from all suits, actions, proceedings, damages, costs and expenses in law or equity, including attorney's fees, for or on account of any patented, trademarked or copyrighted materials, equipment, devices, processes or dramatic rights furnished or used by Applicant or its employees, invitees, licensees, contractors, assignees, performers, contestants and exhibitors, in connection herewith. (b) shall not alter landscaping, fencing or any permanent structure nor shall there be any obstruction to ingress and egress to and from the Premises without the express written consent by the County. (c) acknowledges that the County shall have the sole right to collect and have the custody of articles left at the Premises by persons attending any Event given or held on the Premises, and Applicant or any person in Applicant's employ shall not collect or interfere with the collection or custody of such articles. (d) acknowledges that the County reserves the right to eject any persons reasonably deemed violent or otherwise dangerous to health, safety and welfare. (e) acknowledges that the County may immediately terminate the Event if the National Weather Service issues a severe weather warning, or imminent severe weather conditions develop in the area indicating a risk to public safety, or a state of emergency has been declared. Applicant hereby waives any rights and all claims for damages against the County that may result from the exercise of the rights reserved herein. i. In the event any part of the iG Center is damaged or unsafe for use to due to a hurricane, fire, water, or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of the Agreement by the County impossible for the event, the County shall refund all fees to the applicant. (f) represents and warrants to the County that Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors and performers by their speech, song, music, conduct or manner will not violate or incite others to violate any statute, law, ordinance, rule, regulation or order of any federal, state, municipal or other governmental authority. iG License Agreement Page 6 of 21 Initials 83 11. The County and its officers, agents and employees engaged in the operation and maintenance of the Premises reserve the right to enter upon and to have free access to the Premises at any and all times, which reservation is hereby acknowledged and agreed to by Applicant. 12. Applicant releases and forfeits any right of action against the County or its members, officials, employees and agents from any liabilities, claims for damages, losses, and costs which arise out of or in connection with the Event and to the fullest extent permitted by law, indemnifies, defends and saves the County and County's members, officials, officers, employees and agents harmless (1) against all liability, claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in any way connected with the Event irrespective of negligence, actual or claimed, upon the part of the County, its agents and employees, except where caused by the willful and wanton acts of County officials, officers, employees and agents, and (2) from all expenses incurred by the County for police protection, fire protection and emergency medical services, restoration and clean up, sanitation and maintenance costs and expenses that are required to preserve public order and protect public health, welfare and safety on the Premises of the Event. 13. At least 30 days prior to the License Duration, the Applicant shall, without limiting Applicant's liability submit certificates of insurance naming "Indian River County, FL" as additional insured and shall: Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts not less than stated below: Schedule Limits Commercial General Liability — No more restrictive than J$ 1,000,000 Each Occurrence Combined ISO Form CG0001 (including property damage, Single Limit personal injury, products / comp. ops. agg., premises, operations, and blanket contractual liability, and host liquor liability) (The County and County's members, officials, officers, employees and agents, shall be named as additional insureds under all of the above Commercial General Liability coverage). In the event the use of motor vehicles is an integral part of the Event (unless a separate ordinance is specifically applicable to the automobiles): Automobile Liability (all automobiles -owned, hired or $500,000 Combined Single Limit non -owned) In the event the Applicant hires employees for the Event or is otherwise required to carry workers' compensation insurance, the Applicant will provide evidence of workers' compensation insurance or exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida iG License Agreement Page 7 of 21 Initials 84 Statutes. Applicant will assume responsibility for Applicant's discretion in confirming that all of the Applicant's contractors or subcontractors engaged in work for the Event have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage: Workers Compensation Florida Statutory Coverage Including coverage for any appropriate Federal Acts (e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. =Employer's Liability $100,000 Each Accident $500,000 Disease Policy Limit 1$100,000 Each Employee/Disease In the event that any services or activities of a professional nature are provided, and Risk Management determines the coverage is necessary, pursuant to (k) below: Professional Liability (Errors and Omissions) 1$1,000,000 Each Occurrence/Claim In the event that children will be supervised in connection with the Event and Risk Management determines the coverage is necessary, pursuant to (k) below: Sexual Molestation Liability 1$1,000,000 Each Occurrence/Claim In the event alcoholic beverages, including beer and wine, will be served, sold, consumed or otherwise allowed at the Event, the entity serving or selling the alcoholic beverages must have the following coverage: ' Liquor Liability $1,000,000 Combined Single Limit (b) Participants — Except as set forth below, the Applicant shall assume all responsibility for Applicant's discretion in obtaining, if any, insurance from the Event's contributing participants and subcontractors (such as caterers, vendors, production companies, entertainers, sponsors) in the types and amounts necessary to adequately protect the County and the County's members, officials, officers, employees and agents. (c) Primary and Non -Contributory — The Applicant's insurance will apply on a primary basis and will not require contribution from any insurance or self-insurance maintained by the County. (d) Deductibles — The deductibles of the insurance policies applicable to the Event shall be deemed customary and the responsibility of the Applicant and any named insureds. iG License Agreement Page 8 of 21 Initials 85 (e) Additional Insured — The Applicant's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Commissioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the Event. (f) Reporting Provision — The Applicant's insurance shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the Applicant shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term. (g) Duration — Notwithstanding anything to the contrary, the Applicant's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages. (h) Sovereign Entities — State and federal agencies eligible for sovereign immunity may submit a statement of self-insurance for liability as allowed by the applicable state or federal statute. Such statement will be acceptable in place of insurance requirements defined herein. (i) Financial Responsibility — Applicant shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better. Applicant must maintain continuation of the required insurance throughout the Event, which includes load -in, setup, tear down, and load -out. (j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement 30 days prior to the Event Date. Upon written request, the Applicant shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies with this License Agreement's requirements, including, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation, including expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after receipt of written notice by the County from the Applicant or the Applicant's insurance company. (k) Discretionary Authority — Depending upon the nature of any aspect of any event and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured. (1) Applicant is required to immediately notify the County of any incident, accident, occurrences and/or claims made in connection with the Event. 14. Applicants seeking a permit for the sale and consumption of alcoholic beverages per section 205.09 of the Indian River County Code of Ordinances shall submit the purveyor's name no less iG License Agreement Page 9 of 21 Initials 86 than 45 days prior to the Event to the County. At least 30 days prior to the Event, the Applicant shall submit copies of the alcohol vendor's required state alcoholic beverage licenses and insurance certificate in accordance with Section B. 17 to the County. 15. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or conditions, including the timely submittal of all documents set forth in Section B, of this License Agreement, the County may terminate this License Agreement and decline to issue any and all permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any other charges hereunder, whether accruing before or after such termination, shall be considered part of and inclusive of the County's damages resulting from Applicant's default. Applicant's default hereunder shall be considered a default of any and all agreements by and between Applicant and the County, and any amounts due Applicant under its other agreements with the County may be used by the County to remedy Applicant's defaults hereunder. Any remedy granted in this License Agreement to County shall be in addition to all other remedies available to County in law or equity, and not exclusive of such remedies. 16. In the event that the Applicant cancels all or any time or portion of the Premises reserved for the Event, the County must receive written notice. Applicants may be entitled to a refund according to the following schedule: (a) Cancellation prior to 180 days from the first date of License Duration will receive a refund equal to 85% of the Event Deposit collected under Section BA(a). (b) Cancellation between 90-180 days of the first date of License Duration will receive a refund equal to 50% of the Event Deposit collected under Section BA(a). (c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event Deposit collected under Section BA(a). 17. In addition to any other charges set forth in the Fee Schedule, the Applicant shall pay a $250 administrative fee for each modification or addendum to the License Agreement. 18. In the event that the Premises or any part thereof, or adjacent premises required for access thereto, should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent the use of the Premises for the Event, then this License Agreement shall terminate. In such event, the County shall be paid for all items of expense incurred by it under this License Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's control shall include, without limitation, acts of God, floods, earthquakes, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Applicant's control, and thus not falling within this Section 12, shall include, without limitation, Applicant's financial inability to perform or comply with the terms and conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, and misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees, contractors, or agents. (a) In the event any part of the iG Center is damaged or unsafe for use to due to a hurricane, fire, water, or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of the Agreement by the County impossible for the event, the County shall refund all fees to the applicant. iG License Agreement Page 10 of 21 Initials 87 19. Applicant acknowledges receipt of and agrees to comply with the iG's Rules and Regulations which are attached hereto as Exhibit C and incorporated by reference. 20. Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture, appliances or other property of Applicant or Applicant's employees, invitees, licensees, contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant, and Applicant hereby expressly releases and discharges County from any and all liability for any such loss and agrees to defend, indemnify and hold County harmless from all claims and actions for damages as to such losses, including attorney's fees. 21. County and Applicant retain all television, film, recording and licensing rights as to any Event that takes place in or on the Premises, provided such is permitted within the Artist Contract. County will coordinate such recordings with Applicant's marketing representative. In the event of artist recording restrictions, Applicant shall request the right to allow the County to take generic production and still photographs of the Event. 22. Unless excused by impracticability or impossibility of performance or other lawful contractual defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall appear at the published time or within one hour thereafter. Applicant shall not advertise or permit any advertising that a particular performer will appear for the Event until after a contract for the performer's appearance has been executed and a copy thereof has been provided to the County; otherwise, the County may terminate this License Agreement and cancel the Event. 23. No exception or waiver of any provision of this License Agreement shall be effective unless in writing signed by the Assistant County Administrator. No such waiver shall be held to waive the same provision on a subsequent occasion or be construed to constitute a waiver of any other provision of this License Agreement. This License Agreement contains the entire agreement between the parties, unless modified or amended by a subsequent written agreement executed by the parties. This License Agreement shall be governed by the laws of the State of Florida, and venue for the resolution of disputes hereunder shall be in a court of law in Indian River County, Florida. 24. At least 30 days prior to the Event Date, Applicant shall submit proof of application for a "Special Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section 208.11. 25. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event. 26. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. 27. Animals will not be permitted onto the iG Center property during an event unless they are considered a Service Animal. The Americans with Disabilities Act (ADA) 2010 Regulations define a service animal as "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, iG License Agreement Page 11 of 21 Initials 88 trained or untrained, are not service animals for the purposes of this definition." C.F.R. § 35.104 and § 36.104 (2010). This paragraph does not apply to organizations hosting animal events (dog shows/horse shows). Indian River County Code of Ordinances also states: "Dogs prohibited. No dogs are allowed in any park or recreational facility unless specifically posted as allowable by the department. (205.3 paragraph 22). The Promoter/Organization/Renter is wholly responsible for any incidents that occur during the event that involve non -service animals that were allowed on the property during their event. 28. The use of glitter and tape are strictly prohibited. Painter's tape may be used with approval from iG Center Management. The Applicant must use their own equipment and supplies to decorate the rental area(s). 29. Any notice, request, instruction, demand, consent or other communication required or permitted to be given under this License Agreement shall be in writing and shall be given in writing and delivered by email or US Mail, Certified — Return Receipt Requested, to the following: Indian River County iG Center Parks and Recreation Division 1590 9t' Street SW Vero Beach, FL 32962 Email: jchandler@ircgov.com Applicant: Miss B's Learning Bees Name: LaToya Bullard Address: 4736 341 Ave, Vero Beach, FL 32967 Email: missbslearningbees@outlook.com 30. Applicant acknowledges that the County makes no guarantees to Applicant, express or implied, as to any pecuniary gain that Applicant may have intended to result from the Event. 31. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated herein by this reference. 32. Services Provided by the County: (a) County reserves the right to determine the adequacy of outside services procured by the Application under Section B as a condition of the Permit. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this License Agreement on this day of iG License Agreement Page 12 of 21 Initials 89 APPLICANT: LaToya Bullard, CEO ATTEST: By: Jeffrey R. Smith, Clerk of Court and Comptroller Approved as to form and legal sufficiency: Dylan Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph Earman, Chairman Approved by BCC: , 2023. iG License Agreement Page 13 of 21 Initials 90 Exhibit A- Intergenerational Center 135 1 '0'(j T F) CO 0 GYMNASIUM 141 A 125 OU—DOOR %, \ 00.—ER FFATJ ip. F 112 PREP J MAIN ENTRANCE 4 4 GUEST DROP-OFF PARKING 0 AREA iG License Agreement Page 14 of 21 Initials 91 Miss B's Learning Bees -Success Team Sammer:Frogram 2#23 Pate(s) ofReetal; Ju ..2023: 11, 13, 18, 20, 25, 27, Au 2023:1 & 3 ' Event Time: Load In DateMme: # Load Out Date/71nw: 6 Estimated # ofParticipants: 4:00 m-6:0 m 3:300m-4:00PM - E 0 pm -6: 30pnt 50 i Hoata I Dap Total Room 112A Room 112 B Room 125 Room 131 A $ 56.25: x $ 56.25 x = $ - $ 33.75 x = $ �.. $ . 41.25 x 24 _ $ 990.00 O hones er day) Room 131 B $ 41.25 x = $ - Room 131 C $ 41.25 X1 1_ $ - - Room 135 $ 41.25 x = $ - Room 110 (Prep Kitchen) $ 15.00 x = $ - - -- Lobby Room 144 (Concessions) ,Room 141 (Gymnasium) $ 56.25 x = $ - $ 37.50 x = $ $ 93.75 x = $ - Veranda Courtyard ( East Lawn:: $ 75.00 x = $ - $ _.. 75.00 x 187.50 x $ -1.$ J. Wiggins Field (West Lawn) $ 150;00 x i Storage Closet 131A $ - x I Bulk Rental Agreement `FACILITY 25% discoanot - _ $da = $ - _ $247.50 Subimactedfrom Total Com AMENITIES PER EVENT (ftelpment) QTY Tables $ 8.00 1XI= $ - 11 tables are included in the Standard & Nonprofit Rates or all rooms at pro additional cost Chari � Is 0.50 x = ' $ - 30 chairs are included in the Standard & Nonprofit Rates for all rooms at no additional cost. 8 additional chairs will be made accessible to the Applicant in the storage closet at no charge as part of this bulk rental agreement. j **additional chairs needed will be reconciled monthly and the requestfor additional chairs shall be made in writing. 1 iG License Agreement Page 16 of .11 Initials 93 Gyrnnasiurn Bleachers, Y,.. V sou $ x = No fee, included in rental M Gym Flooring $ 300.00 x = $ - event ShL Mobfie Bleachers. Sm. Mobie Bleachers, Addl. Days $ 50.00 $ 25.00 x x _ = $ - $ _ l Projector $ 150.00 x = $ - oat P ' ctor Screen, Mobile $ - x = No fee, included in rental Projector Screen, 131 C $ - x = No fee, inchuled in rental ProjectorI Is screen w/projecWr a 2 gmiWe $ 500.00 x = $ - P ctor, Inflatable Screen Only $ 300.00 xj = $ - I Media Cart (so^ T V & compiterj $ 100.00 x = $ - daily 50" TV $ 25.00 x = $ - DVD Player $ 15.00 x = $ jdaily x Bluetooth Sound tem $ 75.00 xi = $ - Sound System, Mobile $ 100.00 X1 = $ Gwmsmm Sound System $ 325.00 x = $ Gyronasitim Score Board $ 25.00 x = $ - Podium $ - x = No fee, included in rental Serving Carts $ 20.00 x = $ 200 AMP Electrical Power, Per - Electrical Power tie-in and tie -out must be performed by a licensed electrician. Electrician trustprovide proofof ALCOHOL PERMIT FEE Daily Alcohol Pemat $ 400.00 x = $ - A tnini>num o one 1 Indian River County Sher(f's Deputy is required to be on site during alcohol service and iG License Agreement Page 16 of .11 Initials 93 SET-VPB.REAK DOWN FEE - - Event Cleaning Fee (During Event) --- q-� iG Event/Rental Usage $ 50.00 x = $ - Gymansium Restrooms $100.00 x $ West Wiq Restroom :East Wing Resuvows, $ _ 100:00 x } $ 100.00 x = $ - $ - - Post Event Fee (Guests less than 75 $ 75.00 x 8 $ 600.00 - Guests between 75 to 150 $ 100.00 x $ Guests greater than 150 $ 200. 00: x = .. $ : - v Post Event Cleaning Fee does not include decorations. Applicant is responsible for items brough t to to decorate_ roon✓area to include any 3rd party vendor items (e.g. lighting, sound, tents, etc.), plates, cutlery, drinks, linens, slipcovers, balloons, etc. Tables must be cleared prior to Applicant departure. Any 3rd parry items lei by Applicant's subcontracts or 3rd party vendors past the indicated loadout time indicated in the License Agreement aresub, jest to additional fies. 15ftDummter, per drop off or swep . $ 157.34 x = $ 14 ft Dumpsterper drop off or swap $ - 120.00 x $ - $ 75.00 x _ $ DywysW Disposal $ 50.00 x STAFFQTY Hoare Staff _ _o $ 25.00 x x _ $ _ Staff (Hoiday Rate) $ 50.00 x x = $ . MISCELLANEOUS Facgk y Exehnion (per wing or gym) $ 250.00 x = $ Zest-M imrte Booking Fee, ®oow gess as nays : $ 25.00 x = $ per.event IRC PARKS DEPT. ITEMS QTY Per Day Stage Risers, 6-8 each, 4ftx8ft panels $ 25.00 x' FAC'ILM PROPERTY/ AMENITITIES / OTHER SUBTOTAL: _ $ 1,342.50 Tax Exempt = Subtotal: = $ 1,342.50 RENTAL AGREEMENT COS 342.50 _. _ * REFUNDABLE Dame D *Fully refundable folio event with no additional :chares or damage. GRAND TOTAL: _ $ :1,342.50 s to Board o #Rental Rate i$ t f C Cammissianers A '�. may_ i iG License Agreement Page 17 of 21 Initials 94 .. PAYMENTS Method ofP et Date .: Notes Amount .$ Is _. 1st of the Month for Balance Due: the Month_ of Service. *'Damage deposit refundable with no additional charges and no damage. . n ...._...., __._ ..,. .._..m_. ..._.. _. **Re uiredtoReserveRoom/Area and due upon.contract st n . s**. License Duration shall include Event set=up, removal and clean-up. Wkere the Applicant requires usage after the stipulated time, Applicant is required to pay additional charges including, but not limited to standard hourly/daily rates and any overage fees as set,brth in the iG Fee Schedule attached as Exhibit B ("Fee Schedule'). *"*,For each quarter hour quer the applicantwill be: charged a fee of$50.60 per quarter hoar . t iG License Agreement Page 18 of 21 Initials 95 Indian River County Parks & Recreation Department iG Center General Rules & Regulations 1. Scheduling is conducted on a first come, first serve basis for open dates. Reservation dates are only be secured and guaranteed with a minimum 25% Deposit Fee and fully executed license agreement. Staff reserves the option to issue a placeholder agreement along with a minimum 25% Deposit Fee in lieu of a fully executed license agreement which will secure the date pending a due diligence review. Placeholder agreements shall automatically expire 90 days after the issued date and the reservation forfeited unless the Applicant enters into a license agreement. 2. Permits for groups composed of minors will be issued only to adults who accept responsibility for supervising them throughout the period of the permit. 3. Security Plan: A. If applicable, events shall present a security plan to the Indian River County Sheriff's Office, Division of Law Enforcement. Approval and sign off by the Division shall be a condition precedent of the issuance of the Permit/license agreement. B. Assigned Indian River County Sheriff's Deputy(s) must have arresting authority in Indian River County. C. Indian River County in consultation with the Indian River County Sheriff's Office will determine the level of security of sworn law enforcement and emergency services personnel. Indian River County will provide Applicants with the order forms for sworn Indian River County Sheriff's Office and Indian River County Emergency Service Personnel. D. Evidence of sworn law enforcement and emergency service personnel scheduling shall be provided to Indian River County 45 days prior to the Event by means of a paid receipt from said Indian River County Department and Division. 4. All indoor cooking is strictly prohibited. Outdoor cooking, grilling, etc. shall be approved in advance by the Indian River County Intergenerational Recreation Center & Event Venue Management Staff along with a Special Event Permit generated by the Indian River County Fire Department. Indian River County will provide Applicants with the order forms for Special Event Permit. Evidence of Special Event Permit Inspection scheduling shall be provided to Indian River County forty-five (45) days prior to the Event by means of a paid receipt from said Indian River County Department Fire Department. 5. Deposits: A. All buildings and facilities shall be left in the same condition it was received in. An additional cleaning fee shall be deducted from the damage deposit to cover the cost of cleaning/restoring the facilities to their original condition. i. Any and all decorations must be approved prior to installation and removed completely at the conclusion of the event. ii. The Indian River County Intergenerational Recreation Center & Event Venue Management should be left in a broom swept condition and all garbage left in designated location. Client must check in with a staff member prior to departure regarding state of room upon completion of event. iii. Any damage to walls, including debris, dirt, scuff marks, food, etc. shall require a cleaning fee. iv. Any cleaning fee will be deducted out of the Damage Deposit. B. A damage deposit depends on number of areas rented and can range from $150.00 to $1,000.00 and is refundable. An inspection of the property is required for every event. Damage Deposit are iG License Agreement Page 19 of 21 Initials 96 increased at the sole discretion of Indian River County dependent upon number of attendees and events. 6. Any signage visible from the road in any county right of way requires a permit from the Indian River County Code Enforcement Division prior to placement. 7. No animals are allowed unless assisting the handicapped. 8. Alcohol is strictly prohibited except through the issuance of an Alcohol permit issued by the Parks & Recreation Division. 9. Under no circumstances shall any person remove any equipment or other items from the premises. 10. Facilities shall be restored to their original condition and all activities ceased by at the time referenced in the Agreement. For each quarter hour after the applicant will be charged a fee of $50.00 per quarter hour. 11. Control of all lights, thermostats and other equipment, and the locking and unlocking of doors is the responsibility of the Indian River County Intergenerational Recreation Center & Event Venue Management Staff. Staff should be notified of any special needs of the Applicant. 12. Applicant agrees to hold Indian River County, FL harmless from any and all claims for damages to persons or property resulting from their use of any facility. 13. Applicant agrees to accept facilities "as is." Applicant acknowledges responsibility for conduct of each member / guest attending event. Applicant conducts all events at their own risk. All attendees must abide by Indian River County policies. 14. Insurance: A. Insurance requirements shall be determined at the sole discretion of the Indian River County Risk Manager. B. Certificates of insurance designating "Indian River County, FL" as additional insured shall be presented to Indian River County no less than forty-five (45) days prior to the event. • If event is held at Indian River County Intergenerational Recreation Center & Event Venue Management and less than 30 days to the start of event date, certificates must present at the time of executing license agreement. 15. All activities shall be subject to inspection by Indian River County Offices of Fire Prevention, Health Department, Sheriff's Office, Risk Management, Traffic Control, Solid Waste Disposal District and Florida Department of Business and Professional Regulation. 16. The Event shall be used for no other purpose whatsoever as, unless prior written approval is requested in writing by Applicant and given by Indian River County. Approval shall be subject to availability but not be unreasonably withheld, conditioned, or delayed so long as such request is submitted at least thirty (30) days prior to the beginning of the License Duration. Such change results in a modification of the insurance requirements. 17. Marketing: A. Publicity for an event shall NOT be distributed without an executed license agreement and a minimum of a 25% reservation deposit. B. All promotional pieces must be approved by an Indian River County, prior to distribution. Applicants assumes all risk. 18. Indian River County Intergenerational Recreation Center & Event Venue Management Staff is not responsible for deliveries for any event. Applicant must be present for deliveries and is responsible for securing those deliveries, unless prior written approval is requested in writing by Applicant and given by an Indian River County Intergenerational Recreation Center & Event Venue Management. 19. All motorized vehicles are required to park in the designated parking areas only, which include the Main Parking or Joe Wiggins Field, if deemed necessary for your event. There will be no parking iG License Agreement Page 20 of 21 Initials 97 of motorized vehicles in or around the facility without prior approval from the Indian River County Intergenerational Recreation Center & Event Venue Management. • Motorized vehicles are limited to ten (10) minutes in the Drop Off Area, unless prior approval from the Indian River County Intergenerational Recreation Center & Event Venue Management. iG License Agreement Page 21 of 21 Initials 98 M CONSENT AGENDA Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator DATE: June 15, 2023 SUBJECT: Indian River County Subaward and Grant Agreement for Hurricane Nicole FROM: Kristin Daniels Director, Office of Management & Budget BACKGROUND: On November 10, 2022, Hurricane Nicole made landfall as a Category 1 storm in Vero Beach, Florida. Hurricane Nicole caused over $1 billion in damages along its track with an estimated $2 million, excluding beach and dune damage, in Indian River County alone. In order to receive Federal Emergency Management Agency (FEMA) reimbursement, Indian River County is required to sign the Federally -Funded Subaward and Grant Agreement. The agreement is standard for all recipients. STAFF RECOMMENDATION: Staff recommends that Board approve and authorize the Chairman to execute the agreement and all other documents necessary to effectuate the agreement and authorize the County Administrator to sign any additional modifications. ATTACHMENTS: Federally -Funded Subaward and Grant Agreement 99 Agreement Number: FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT for DR - 4680- Hurricane Nicole The following Agreement is made and information is provided pursuant to 2 CFR §200.332(a)(1): Subrecipient's name: Indian River County Subrecipient's unique entity identifier: FB3SLJJZ38K9 Federal Award Date: Subaward Period of Performance Start and End Date (Cat A -B): Subaward Period of Performance Start and End Date (Cat C -G): Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Subrecipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Subrecipient by the pass-through entity: Federal award project description (see Federal Funding Accountability and Transparency Act (FFATA): Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Assistance Listing Number (Formerly CFDA Number): 2023 Nov 7, 2022 - June 13, 2024 N/A Grant for communities to respond to and recover from major disasters or emergencies and for limited mitigation measures. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) Florida Division of Emergencv Management (FDEM) 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 97.036 Disaster Grants - Pi ihlir. Ac_ictanna (Pra_irtantlally Assistance Listing Program Title (Formerly CFDA program Title): Declared D THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and (hereinafter referred to as the "Subrecipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Subrecipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The Subrecipient, by its decision to participate in this grant program, bears the ultimate responsibility for ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the ultimate j consequences of any adverse decisions rendered by the Division, the Federal Awarding Agency, or any other State I and Federal agencies with audit, regulatory, or enforcement authority; 100 C. This Agreement establishes the relationship between the Division and the Subrecipient to allow the Division to pay grant funds to the Subrecipient. THEREFORE, the Division and the Subrecipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 CFR § 200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance," applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. Performance under this Agreement is subject to 2 CFR Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. In addition to the foregoing, the Subrecipient and the Division shall be governed by all applicable State and Federal laws, rules, and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. The applicable statutes, rules, or regulations are the statutes, rules, or regulations in effect at the time of the declaration of the incident through which federal funds are awarded, or as otherwise indicated as retroactively applied. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be, responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division'si. liaison with the Subrecipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Subrecipient performance; and ii. Review and document all deliverables for which the Subrecipient requests payment. b. The Division's Grant Manager for this Agreement is: Name Jennifer Stallings Title Grant Program Manager Bureau of Recovery Address: Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Telephone: (850) 815-4408 Email: Jennifer. Stallings(a)em.myflorida.com c. The name and address of the Representative of the Subrecipient responsible for the administration of this Agreement is: Name: John A. Titkanich, Jr. Address: 1801 27th Street Vero Beach, FL 32960 101 2 Telephone: (772) 226-1202 Email: jtitkanich@ircgov.com d. In the event that different representatives or addresses are designated by either party after execution:; of this Agreement, notice of the name, title, and address of the new representative will be provided to the other party in writing via letter or electronic email. e. Systems Access: It is the Subrecipient's responsibility to maintain current active users in the Division's grants management system in accordance with Attachment B to this Agreement ("Systems Access Form"). (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK The Subrecipient shall perform the work as approved by FEMA and provide the necessary documentation to substantiate work completed. (8) PERIOD OF AGREEMENT/PERIOD OF PERFORMANCE The Period of Agreement establishes a timeframe for all Subrecipient contractual obligations to be completed. Upon execution by both parties, this Agreement shall begin on the first day of the incident period for the disaster applicable to the agreement and shall end upon closeout of the Subrecipient's account for this disaster by the Federal Awarding Agency, unless terminated earlier as specified elsewhere in this Agreement. This Agreement survives and remains in effect after termination for the herein referenced State and Federal audit requirements and the referenced required records retention periods. Work may only be performed during the timeframes established and approved bye FEMA for each Category of Work type. 4 9 (9) FUNDING a. The amount of total available funding for this subgrant is limited to the amount obligated by the Federal Awarding Agency for all projects approved for this Subrecipient for DR - 4680 - Hurricane Nicole Payments to Subrecipients are contingent upon the granting of budget authority to the Division. b. Pursuant to section 252.37(5)(a), Florida Statutes, unless otherwise specified in the General Appropriations Act, whenever the State accepts financial assistance from the Federal Government or its agencies under the Federal Public Assistance Program and such financial assistance is conditioned upon a requirement for I matching funds, the State shall provide the entire match requirement for state agencies and one-half of the required match for grants to Local governments. Affected Local governments shall be required to provide one-half of the required match prior to receipt of such financial assistance. Section 252.37, Florida Statutes, does not 102 3 apply to Subrecipients that are considered Private Non -Profit entities, therefore the entire non-federal share shall be the responsibility of the Private Non -Profit Subrecipient. c. The Executive Office of the Governor may approve a waiver to local governments for the Non-Feder�l match requirement. The local government must apply for the waiver in accordance with Section 252.37(5)(b), Florida Statutes. Local governments must apply for the match waiver independently from their respective County. (10) PAYMENT a. The payment method used by the Division is either a Cost Reimbursement or an Advance Payment. Advance payments will be governed by Chapter 216, Florida Statutes. b. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Subrecipient. (11) REPAYMENTS a. Refunds or repayments of obligated funds may be paid to the Division through check or through a payment plan as approved by the Department of Financial Services. Additionally, FEMA may permit the Division to off -set against other obligated projects where deemed appropriate. In accordance with Chapter 255, Florida Statutes, the Subrecipient has 30 days to repay the funds from the issuance of the invoice from the Division. The Division may impose a 1 % per month interest fee for unpaid invoices. b. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management," and must include the invoice number and the applicable Disaster and' Project number(s) that are the subject of the invoice, and be mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (12) RECORDS a. As required by 2 CFR § 200.334, and modified by Florida Department of State's record retention requirements (Fla. Admin. Code R. 1 B-24.003), the Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and all relevant terms and conditions of the award paid from funds under this I Agreement, for a period of five (5) years from the date of submission of the final expenditure report. This period may be extended for reasons including, but not limited to, litigation, fraud, or appeal. As required by 2 CFR § 200.303(e), the Subrecipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal Awarding Agency or the Division designates as sensitive or the Subrecipient considers il sensitive consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over ` confidentiality. b. The Subrecipient shall maintain all records for the Subrecipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient 3. 103 4 to determine compliance with the requirements and objectives of the award and all other applicable laws and regulations. (13) AUDITS a. The Subrecipient shall comply with the audit requirements contained in 2 CFR Part 200, Subpart F. b. As required by 2 CFR § 200.337(a), "The Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the [Division], or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the [Subrecipient] which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the [Subrecipient's] personnel for the purpose of interview and discussion related to such documents." The right of access is not limited to the required retention period but lasts as long as the records are retained (2 CFR § 200.337(c)). c. As required by 2 CFR § 200.332(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such documents. (14) REPORTS a. Consistent with 2 CFR § 200.329, the Subrecipient shall provide the Division with quarterly reports and any applicable financial reporting, including reports required by the Federal Funding Accountability and Transparency Act (FFATA). These reports shall include the current status and progress by the Subrecipient and, as applicable, all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. The Subrecipient agrees to submit quarterly reports to the Division no later than fifteen (15) days after the end of each quarter of the program year and to submit quarterly reports each quarter until one quarter past the closeout of each project in the Division's Grant Management System. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. c. The closeout report is due sixty (60) days after completion of each project worksheet associated with the applicant executing this Agreement, or sixty (60) days after termination of this Agreement, whichever first occurs. 104 5 Reporting Time Period Subrecipient Report Submittal Deadline Quarter 1 (Q1) October 1 — December 31 January 15 Quarter 2 (Q2) January 1 — March 31 April 15 Quarter 3 (Q3) April 1 — June 30 July 15 Quarter 4 (Q4) July 1 — September 30 October 15 b. The Subrecipient agrees to submit quarterly reports to the Division no later than fifteen (15) days after the end of each quarter of the program year and to submit quarterly reports each quarter until one quarter past the closeout of each project in the Division's Grant Management System. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. c. The closeout report is due sixty (60) days after completion of each project worksheet associated with the applicant executing this Agreement, or sixty (60) days after termination of this Agreement, whichever first occurs. 104 5 d. The Subrecipient shall provide additional program reports, updates, or information that may be required by the Division or the Federal awarding agency. (15) MONITORING a. The Division shall monitor the performance of the Subrecipient under this Agreement to ensure that the Scope of Work is being accomplished within the specified time periods, and that other performance goals are being met. b. The Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that an audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by the Division to the Subrecipient regarding such audit. c. Small Projects, as defined in 44 CFR § 206.203, that are obligated above the Federal Simplified Acquisition Threshold (SAT) will be subject to enhanced oversight and monitoring by the Division as authorized by 2 CFR § 200.332(a)(2). (16) LIABILITY a. Unless the Subrecipient is a State agency or political subdivision, as defined in section 768.28(2), Florida Statutes, the Subrecipient is solely responsible to third parties it deals with in carrying out the terms of this Agreement: As authorized by section 768.28(19), Florida Statutes, Subrecipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of the Division but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Subrecipient which is a State agency or political; subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division and agrees to be liable for any damages+ proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Subrecipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (17) TERMINATION This Agreement terminates upon the completion of all eligible work and payment of all eligible costs in accordance with the Public Assistance Program requirements. The Division and Subrecipient agree that all records will be maintained until the conclusion of any record retention period. (18) PROCUREMENT a. The Subrecipient must ensure that any procurement involving funds authorized by the Agreement complies with all applicable Federal and State laws and regulations, including 2 CFR §§ 200.318 through 200.327 as well as Appendix II to 2 CFR Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). Additional requirements, guidance, templates, and checklists regarding procurement may be obtained through the FEMA Procurement Disaster Assistance Team. Resources found here: hftps://www.fema.gov/qrants/procurement. b. The Subrecipient must include all applicable federal contract terms for all contracts for which federal 105 70 funds are received. If the Subrecipient contracts with any contractor or vendor for performance of any portion of the work required under this Agreement, the Subrecipient must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors, the Division, its employees and/or their contractors, and the Subrecipient and its employees and/or their contractors harmless from liability to third parties for claims asserted under such contract. c. The Subrecipient must monitor and document, in the quarterly report, the contractor's progress in performing its work on its behalf under this Agreement in addition to its own progress. d. The Subrecipient must ensure all contracts conform to sections 287.057 and 288.703, Florida Statutes, as applicable. (19) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Attachment A —Certification Regarding Debarment ii. Attachment B — Systems Access Form iii. Attachment C —Certification Regarding Lobbying 106 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUBRECIPIENT: Indian River County By: (Signature) Name: Joseph H. Earman Title: Chairman Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Governor's Authorized Representative Date: Agreement Number: 107 8 Attachment A CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within the five-year period preceding entering into this Agreement had one or more public transactions (Federal, State, or Local) terminated for cause or default; and 3. Have not within the five-year period preceding entering into this proposal been convicted of or had a civil judgment rendered against them for: a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or a contract under public transaction, or b) violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. The Subrecipient understands and agrees that the language of this certification must be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants, loans, and cooperative agreements) and that all contractors and sub -contractors must certify and disclose accordingly. The Subrecipient further understands and agrees that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. By: Signature Joseph H. Earman Name and Title 1801 27th Street Street Address Vero Beach, FL, 32960 City, State, Zip Indian River County Subrecipient's Name Z3631 DEM Contract Number 108 9 Attachment B SYSTEMS ACCESS The System Access Form is submitted with each new disaster or emergency declaration to identify the Subrecipient's contacts for the FDEM Grants Management System in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Systems Access Form is originally submitted as Attachment "B" to the PA Funding Agreement. The Subrecipient is responsible for regularly reviewing its contacts. Contacts should be removed within 14 days of separation, retirement, or are reassignment by the Subrecipient. A new form will only be needed if all listed contacts have separated from the Agency. If a new Systems Access form is submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FDEM Grants Management System for the specified grant. All users must log in on a monthly basis to keep their accounts from becoming locked. Note: the Systems Access Form is NOT a delegation of authority. A signatory must have an attached delegation of authority as appropriate. Instructions for Completion Complete the form in its entirety, listing the name and information for all representatives who will be working in the FDEM Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FDEM Grants Management System within twelve (12) hours of being notified or their account will lock them out. Each user must log in within a sixty (60) day period or their account will lock them out. In the event you try to log in and your account is locked, users must submit a request for unlocking to RPA. Hel p(cDem. myflorida.com. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent" — This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. A subsequent new Authorized Agent must be designated through a letter on letterhead from the Subrecipient's Authorized Representative. It is recommended to delegate this authority, to an organizational staff member to avoid delays in grant management (Only one Authorized Agent is allowed, and this person will have full access/authority unless otherwise requested). Block 2: "Primary Contact" — This is the person designated by your organization to receive all correspondence and; is our main point of contact. This contact will be responsible for answering questions, uploading documents, and; submitting reports/requests in FDEM Grants Management System. The Authorized Agent may designate a newj Primary Contact. (Only one Primary Contact is allowed, and this contact will have full access). Block 3: "Alternate Contact" — This is the person designated by your organization to be available when the Primary is not. Either the Authorized Agent or Primary Contact may designate a new Alternate Contact. (Only one Alternate Contact is allowed, and this contact will have full access). Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management -Insurance, and Environmental -Historic). i Providing these contacts is essential in the coordination and communication required between State and Local subject I matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you ' enter the name and information again to ensure we are communicating with the correct individuals. Block 7 — 12: "Other" (Read Only Access) — There is no limit on "Other" contacts, but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read -Only" designation cannot take any action in FDEM Grants Management System. Note: The Systems Access Form is NOT a delegation of authority. A signatory must have an attached delegation of authority as appropriate. 109 10 FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Subrecipient: Indian River County Box 1: Authorized Agent (Full Access) Box 2: Primary Contact (Full Access) Name Joseph H. Earman Name Kristin Daniels Signature Signature i ur anization i utticiai rosmon In ian River County Board of County Commissioners, Chairman Mailing Address 1807 27th Street City, State, Zip Vero Beach, FL 32960 Daytime Telephone (772) 226-1919 E-mail Address jearman@ircgov.com Box 3: Alternate Contact (Full Access) Elise Kriss 1801 27th Street City, State, Zip Vero Beach, FL 32960 Daytime Telephone (772) 226-1307 E-mail Address ekriss@ircgov.com Box 5: Other -Risk Mgmt-Insurance (Full Access) Director, Office of Management & Budget Mailing Address 1801 27th Street City, State, Zip Vero Beach, FL 32960 Daytime Telephone (772) 226-1214 E-mail Address kdaniels@ircgov.com Box 4: Other-Finance/Point of Contact (Full Access) Name gnature Mawng Hooress City, State, Zip Daytime Telephone E-mail Address Box 6: Other -Environmental -Historic (Full Access) Name Cynthia Stanton Name Eric Charest Signature Signature A Organization / Official Position Organization / Official Position Risk Manager, Risk Management Officer Natural Resources Manager, Beach Restoration Mailing Address Mailing Address 1801 27th Street 1801 27th Street City, State, Zip Vero Beach, FL 32960 City, State, Zip Vero Beach, FL 32960 Daytime Telephone Daytime Telephone (772) 226-1287 (772) 226-1569 E-mail Address E-mail Address cstanton@ircgov.com echarest@ircgov.com The above contacts may utilize the FDEM Grants Management System to perform the Subrecipient's responsibilities regarding the Public Assistance Grant according to their level of access. The Subrecipient is responsible for ensuring that all contacts are correct and up-to-date. Subrecipient Authorized Representative Signature Date 11 110 SYSTEMS ACCESS FORM (CONTACTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Subrecipient: Indian River County Date: Box 7: Other (Read Only Access) Box 8: Other (Read Only Access) Name Ryan Lloyd Name John A. Titkanich, Jr. Signature Signature Organization / Official Position Emergency Management Coordinator, Emergency Management Organization / Official Position County Administrator, Indian River County BOCC Mailing Address 1801 27th Street Mailing Address 1801 27th Street City, State, Zip Vero Beach, FL 32960 City, State, Zip Vero Beach, FL 32960 Daytime Telephone (772)226-3944 Daytime Telephone (772)226-1202 E-mail Address rlloyd@ircgov.com E-mail Address ititkanich@ircgov.com Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) Name Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone i E-mail Address E-mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Name Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Subrecipient's Fiscal Year (FY) Start: Month: October Day:1 st Subrecipient's Federal Employer's Identification Number (EIN) 59-6000674 Subrecipient's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management j Subrecipient's: FIPS Number (If Known) Oal-99061-00 Attachment C Certification Regarding Lobbying APPENDIX A, 44 CFR PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Subrecipient or contractor, Indian River County , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Su breci pie nt/contractor's Authorized Official Joseph H. Earman Name and Title of Subrecipient/contractor's Authorized Official Date 13 112 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners Through: John A. Titkanich, Jr. County Administrator From: Kristin Daniels Director, Office of Management & Budget Date: July 05, 2023 Subject: Miscellaneous Budget Amendment 06 Description and Conditions: 1. On June 20, 2023, the Board of County Commissioners approved the renewal of the HUD Grants. Exhibit "A' appropriates the revenues and expenses of the grants. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2022-23 budget. 113 RESOLUTION NO. 2023- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2022-2023 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2022-2023 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2022-2023 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2022-2023 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2023. Attest: Ryan L. Butler Clerk of Court and Comptroller as Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners A -- go APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 114 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 06 1 oft 115 Type Fund/ Department/Account Name Account Number Increase Decrease HUD Grants/COC WIDE TRA 136033-331601-23803 $20,000 $0 FL01131-41-1092210 HUD Grants/ALCOHOPE FL01141-41-1092215 136033-331601-23804 $24,000 $0 HUD Grants/HMIS FL0116L4H092215 136033-331601-23805 $8,000 $0 HUD Grants/NEW CHRONICS 136033-331601-23806 $100,000 $0 FL0119L4H092215 Revenue HUD Grants/COC TRA TWO 136033-331601-23807 $10,000 $0 FL03381-41-1092209 HUD Grants/IR CHRONIC FL03601-41-1092213 136033-331601-23808 $50,000 $0 HUD Grants/FAM RENT FL03801-41-1092208 136033-331601-23809 $10,000 $0 HUD Grants NEW HORIZONS 136033-331601-23811 $70,000 $0 FL0440L4H092211 1. HUD Grants/COC WIDE TRA 13616364-036730-23803 $20,000 $0 FL01131-41-1092210 HUD Grants/ALCOHOPE FL01141L41-1092215 13616364-036730-23804 $24,000 $0 HUD Grants/HMIS FL01161-41-1092215 13616364-088871-23805 $8,000 $0 HUD Grants/NEW CHRONICS 13616364-036730-23806 $100,000 $0 FL01191-41-1092215 Expense HUD Grants/COC TRA TWO 13616364-036730-23807 $10,000 $0 FL03381-41-1092209 HUD Grants/IR CHRONIC FL03601-41-1092213 13616364-036730-23808 $50,000 $0 HUD Grants/FAM RENT FL03801-41-1092208 13616364-088871-23809 $10,000 $0 HUD Grants NEW HORIZONS 13616364-036730-23811 $70,000 $0 FL0440L41-1092211 1 oft 115 �K INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 30, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Authorization for BCC Chamber Upgrades with iM Solutions BACKGROUND: Several of the systems in the Commission Chambers are due for upgrades. A Purchase Order was issued to AVI-SPL, in accordance with a TIPS cooperative agreement, on June 20, 2022 for audio system upgrades, budgeted in the 2021/2022 fiscal year. AVI-SPL never began the work, citing equipment delays, and the purchase order was canceled on April 6, 2023. Staff reached out to iM Solutions, who has successfully completed several audio/visual projects for the County in recent years, to assume the project. DISCUSSION• In the course of discussing the audio upgrade project iM Solutions, staff also mentioned video upgrades that were budgeted in the current fiscal year, as well as needed upgrades to the failing broadcast system, for which funding was made available by budget amendment. Staff asked iM Solutions to provide a quote for all of the related audio/visual and broadcast system upgrades anticipated. The quote provided is in accordance with a City of Cocoa bid, with the exception of $5,654.38 in shipping expenses for parts, which are not part of the contract. The Cocoa contract was the result of a request for qualifications solicitation, with pricing negotiated at the City Manager level. Because the contract was not awarded by the equivalent of our Board, staff is limited to using it only up to the approval authority of the County Administrator ($75,000), as the equivalent level of the Cocoa awarding authority. Staff therefore is requesting the Board authorize the use of the Cocoa contract for the full project cost. 116 FUNDING• Funds are available in Information Technology/Chamber AV Equipment, as shown. GL Account Name Price 505-169000-22036 Info Tech/Chambers AV Equipment $142484.53 RECOMMENDATION: Staff recommends the Board authorize piggyback the City of Cocoa contract, and authorize the Purchasing Division to issue a Purchase Order to iM Solutions for the upgrades. 117 1A CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 27, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John Titkanich, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2023022 — Treasure Shores Beach Park Septic to Sewer Conversion BACKGROUND: In April of 2022, the Parks Division enlisted Carter and Associates, Inc., to complete survey, design, and permitting services necessary to convert Treasure Shores Beach Park from a septic system to County -operated sewer system. The project will include elimination of the existing septic system and replacement with a lift station and force main. Sealed bids were solicited for the execution of the work. ANALYSIS• Advertising Date: Bid Opening Date: Solicitation Broadcast to: Bid Documents Requested by: Replies: May 9, 2023 June 8, 2023 761 Subscribers 21 Firms 3 Firms *Mathematical error corrected Meeks Plumbing is considered the lowest, responsive, responsible bidder, and has completed many projects satisfactorily for the County. FUNDING• Expenses, in the amount of $1o8,170, for this project are budgeted and available in the Optional Sales Tax/Parks/Beach Parks Septic to Sewer account, number 31521072- o66510-23020. 'ss » tP�'a��.'3 r s :, ,,,� s• ,,.. ,,rax,. 40-0 `,�,. Optional Sales Tax/Parks/Beach Parks Septic to 31521072-o66510-23020 $1o8,170 Sewer 118 Meeks Plumbing* Vero Beach $io8,170.00 Timothy Rose Contracting, Inc. Vero Beach $213,975-11 Jobear Contracting, Inc. Palm Ba $230,129.25 *Mathematical error corrected Meeks Plumbing is considered the lowest, responsive, responsible bidder, and has completed many projects satisfactorily for the County. FUNDING• Expenses, in the amount of $1o8,170, for this project are budgeted and available in the Optional Sales Tax/Parks/Beach Parks Septic to Sewer account, number 31521072- o66510-23020. 'ss » tP�'a��.'3 r s :, ,,,� s• ,,.. ,,rax,. 40-0 `,�,. Optional Sales Tax/Parks/Beach Parks Septic to 31521072-o66510-23020 $1o8,170 Sewer 118 CONSENT RECOMMENDATION: Staff recommends the Board award Bid 2023022 to Meeks Plumbing, Inc., approve the agreement, and authorize the Chairman to sign the agreement after review and approval by the County Attorney as to form and legal sufficiency, and after receipt and approval of the required public construction bond. ATTACHMENT Agreement 119 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Meeks Plumbing, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Equipment and services required to decommission the existing septic system and install a lift station, electrical connection for the lift station, and force main in accordance with the plans prepared by Carter Associates. ARTICLE 2 - THE PROJ The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Treasure Shores Beach Park Septic to Sewer Conversion Bid Number: 2023022 Project Address: Treasure Shores Beach Park, 11300 Florida A1A, Vero Beach, FL 32963 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 60th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $388.00 for each calendar day that expires after the time specified in paragraph 3.02 120 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $108,170 Written Amount: One hundred eight thousand, one hundred seventy dollars ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 121 A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has.discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. 122 ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Public Construction Bond; (4) Certificate(s) of Liability Insurance; (5) Invitation to Bid 20230221- (6) 023022;(6) Addenda (numbers 1 to 2, inclusive); (7) CONTRACTOR'S Bid Form; (8) Bid Bond; (9) Qualifications Questionnaire; (10) Drug Free Workplace Form; (11)Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (13) Certification Regarding Lobbying; (14) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 123 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 124 (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10—TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such 125 termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 126 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on July 11, 2023. OWNER: INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman By: John A. Titkinich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Joe Tilton, CPRP, Recreation Manager 550077 th Street, Vero Beach, FL 32967 772-226-1881 jtilton@ircgov.com CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Designated Representative: Kyle Meeks, President 5555 US Highway One, Suite 1, Vero Beach, FL 32967 772-569-2285 kmeeks@meeksplumbing.com 127 Exhibit 1 to the Agreement — Pricing 128 CONSENT: 7/11/2023. t: Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Dylan Reingold — County Attorney DATE: June 21, 2023 SUBJECT: Resolution re Signatories for Clerk ATTORNEY In connection with the selection of a new Chairman and Vice Chairman, the Board of County Commissioners adopts a resolution annually directing depositories of County funds to honor certain authorized signatures on County checks, warrants, and other orders for payment. With Ryan L. Butler having been appointed as the new Clerk for Indian River County, the attached resolution has been prepared designating the new Clerk as the authorized signatory and providing for facsimile signatures rather than manual signatures on all checks. Funding: There are no costs associated with this agenda item. Requested Action: Adopt the resolution and authorize the newly appointed Clerk to sign the resolution and the respective Certificate of Facsimile Signature; and to instruct the Clerk to the Board of County Commissioners to transmit to the Department of State the original Certificate of Facsimile Signature. Attachment Resolution Certificates of Facsimile Signature 129 RESOLUTION NO. 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DIRECTING DEPOSITORIES OF COUNTY FUNDS TO HONOR CERTAIN AUTHORIZED SIGNATURES ON COUNTY CHECKS, WARRANTS, AND OTHER ORDERS FOR PAYMENT; PROVIDING FOR THE CLERK OF THE CIRCUIT COURT SIGNATORY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ryan L. Butler has been appointed by Governor Ron DeSantis, beginning July 1, 2023, to serve as Clerk of the Circuit Court and Comptroller for Indian River County ("Clerk"), and he will serve as clerk and accountant to the Board, pursuant to Section 28.12, Florida Statutes (2020); and WHEREAS, the Board has previously designated certain institutions as depositories of County funds; and WHEREAS, the Board is re -designating the signatory for the Clerk for County warrants, checks, and other orders for the payment of money drawn on the County's depositories, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The manual and facsimile signatures of the herein designated officer appear on Exhibit "A" attached hereto and by this reference incorporated herein in its entirety. 2. The signatory named on the attached Exhibit "A" is hereby authorized to execute any and all signature cards and agreements as requested by the respective banking institutions designated as official depositories by the Board. 3. The Clerk to the Board shall immediately file with the Department of State the Certificate of Facsimile Signature bearing the original manual signatures, at which point a facsimile signature of the official signatory to Exhibit "A" of this Resolution shall have the same legal effect as a manual signature on any instrument of payment. 4. All other provisions of Resolution 2022-95 adopted by the Board on December 6, 2023 shall remain in full force and effect. 130 RESOLUTION NO. 2023 - The Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 11th day of July, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Ryan L. Butler, Clerk of Circuit Court and Comptroller 2 Deputy Clerk Joseph H. Earman, Chairman 131 RESOLUTION NO. 2023 - EXHIBIT "A" Ryan L. Butler, Clerk of Circuit Court and Comptroller Actual Facsimile 132 CERTIFICATE FOR FACSIMILE SIGNATURE (Section 116.34, Florida Statutes) State of Florida County of Indian River I, Ryan L. Butler being (print name as to be signed below) Duly appointed Clerk of Circuit Court and Comptroller of (state complete title or position) Indian River County, Florida Do hereby file with the Secretary of State my official signature for the purpose of complying with Section 116.34, Florida Statutes, and do hereby certify that the signature below is true, correct and manually subscribed by me. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING OATH AND THAT THE FACTS STATED IN IT ARE TRUE. Signature Date signed Ryan L. Butler Print Name as signed 2000 16th Avenue Business Address Vero Beach, FL 32960 City State Zip Code 133 CONSENT AGENDA: July 11, 2023 ," h' Ofce of - INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners ATTORNEY THROUGH: John Titkanich, Jr., County Administrator FROM: Dylan Reingold, County Attorney DATE: June 30, 2023 SUBJECT: Resolutions Formally Designating A Portion of Certain County Owned Properties as Right -Of -Way 1. The County purchased, for future road expansion of 66' Avenue, a parcel of property from Eleanor J. Williams Colvin. The intent of the County is to now earmark by formal resolution that portion of the property [Exhibit A] that will be for right-of-way so that the remainder [Exhibit B] can be re -sold and put back on the tax rolls. In this regard, a resolution has been prepared to designate the portion that will be for future right-of- way, thus alleviating any boundary issues that may surface in the future with respect to the re -selling of the remainder property. 2. The County purchased, for future road expansion of 66th Avenue, a parcel of property from Justo Manuel Hernandez and Blanca Lleo, a portion of which was later conveyed to Paul Edward Thompson and Rennie Sue Thompson. The intent of the County is to now earmark by formal resolution that portion of the property that will be for right-of-way. In this regard, a resolution has been prepared to designate the portion that will be for future right-of-way. 3. The County purchased, for future road expansion of 66th Avenue, a parcel of property from Steven William Abazis, William George Abazis, and Evan Achilles Abazis. The intent of the County is to now earmark by formal resolution that portion of the property [Exhibit A] that will be for right-of-way so that the remainder [Exhibit B] can be re -sold and put back on the tax rolls. In this regard, a resolution has been prepared to designate the portion that will be for future right-of-way, thus alleviating any boundary issues that may surface in the future with respect to the re -selling of the remainder property. 134 Subject: Resolutions Formally Designating A Portion of Certain County Owned Properties as Right -Of -Way June 30, 2023 — Page 2 4. The County purchased, for future road expansion of 66th Avenue, a parcel of property from A. Ronald Hudson a/k/a Audestine R. Hudson and Jackye V. Hudson f/k/a Jackye V. Porter. The intent of the County is to now earmark by formal resolution that portion of the property [Exhibit A] that will be for right-of-way so that the remainder [Exhibit B] can be re -sold and put back on the tax rolls. In this regard, a resolution has been prepared to designate the portion that will be for future right-of-way, thus alleviating any boundary issues that may surface in the future with respect to the re -selling of the remainder property. 5. The County purchased, for future road expansion of 66th Avenue, a parcel of property from Thomas Lester O'Neal, Jr., a married man. The intent of the County is to now earmark by formal resolution the portion of the property that will be for right-of-way. In this regard, a resolution has been prepared to designate the portion that will be for future right-of-way. 6. The County purchased, for future road expansion of 66th Avenue, a parcel of property from Robert Joseph Gardiner, II and Wendy Gardiner. The intent of the County is to now earmark by formal resolution the portion of the property that will be for right-of- way. In this regard, a resolution has been prepared to designate the portion that will be for future right-of-way. 7. The County purchased, for future road expansion of 66th Avenue, a parcel of property from Paul Edward Thompson, Jr. and Rennie Sue Thompson. The intent of the County is to now earmark by formal resolution that portion of the property that will be for right-of-way. In this regard, a resolution has been prepared to designate the portion that will be for future right-of-way. 8. The County purchased, for future road expansion of 66th Avenue, a parcel of property from Central Groves Corp. The intent of the County is to now earmark by formal resolution that portion of the property [Exhibit A] that will be for right-of-way so that the remainder [Exhibit B] can be re -sold and put back on the tax rolls. In this regard, a resolution has been prepared to designate the portion that will be for future right-of- way, thus alleviating any boundary issues that may surface in the future with respect to the re -selling of the remainder property. 9. The County purchased, for future road expansion of 66th Avenue, a parcel of property from U.S. Bank National Association as Trustee for RASC 2006-KS8 Who Acquired Title As U.S. Bank National Association as Trustee. The intent of the County is to now earmark by formal resolution that portion of the property that will be for right-of- way. In this regard, a resolution has been prepared to designate the portion that will be for future right-of-way. 135 Subject: Resolutions Formally Designating A Portion of Certain County Owned Properties as Right -Of -Way June 30, 2023 — Page 3 10. The County purchased, for future road expansion of 66' Avenue, a parcel of property from Joseph Clifton Roddenberry, Jr. and Pearl Roddenberry. The intent of the County is to now earmark by formal resolution that portion of the property [Exhibit A] that will be for right-of-way so that the remainder [Exhibit B] can be re -sold and put back on the tax rolls. In this regard, a resolution has been prepared to designate the portion that will be for future right-of-way, thus alleviating any boundary issues that may surface in the future with respect to the re -selling of the remainder property. 11. The County purchased, for future road expansion of 66th Avenue, a parcel of property from Brian R. Hood a/k/a Brian Hood. The intent of the County is to now earmark by formal resolution that portion of the property [Exhibit A] that will be for right- of-way so that the remainder [Exhibit B] can be re -sold and put back on the tax rolls. In this regard, a resolution has been prepared to designate the portion that will be for future right-of-way, thus alleviating any boundary issues that may surface in the future with respect to the re -selling of the remainder property. FUNDING: The only cost associated with this matter will be recording fees for recordation of the resolutions in the amount of $577.50. Funding for any costs associated with this item will come from either Traffic Impact Fees/District II/ROW/66th Ave/49th to 69th Street 10215241-066120-07806 or Traffic Impact Fees/District I/ROW/66th Ave/69th to 85th Street 10215141-066120-16009, depending on location. RECOMMENDATION: Adopt the resolutions, and authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. ATTACHMENT: Resolutions 136 A RESOLUTION OF THE BOARD OV COUNTY COMMISSIONERS OF INDIAN RIVER CM'Y, IFLORIDA, FORMALLY DESIGNATING CERTAIN COUINTY OWNED PROPERTY FOR 66TH "EN M' Rf i F- 1' „ AND DIRECTING THE PROPERTY APPRAISER TO CUT OUT ''Glib PROPERTY DESIGNATED AS RIGHT-OF-WAY FRM: i PARENT PARCEL. WHEREAS, on June 30, 2006, Indian R)w Coum.ty-pu ptbperfiy from Eleanor J. Williams Colvin, for future road expansion of 66th Avenue; said conveyance was recorded In Book 2062 at Page 1402 of the PuI& Records of Indian River County, Florida; and WHEREAS, the intent of the County is to now earmark by a formal document that portion of the property for right-of-way with the remainder being 4 retained by the County for other purposes until it can be re -sold and put back on the tax rolls; and WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit ";A' old WHEREAS, a sketch and legal description have igen Vmpared for remainder property and are attached hereto as Exhibit °B"; and WHEREAS, it would be beneficial to designate by a recorded instrttt the County's designation of this right-of-way identified in.the attached E "A" so that the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps, as well as cut out the designated' right-of- way ight-ofway from the parent parcel, thus alleviating any potential boundary issues that may 137 RESOLUTION NO. 2023 - surface in the future with respect to the re -selling of the remainder property identified in the attached Exhibit "B", NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit 'A" is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County Property Appraiser is instructed to cut out the designated right-of-way as depicted and described on the attached Exhibit "A" from the parent parcel, and accordingly earmark any maps within the Property Appraiser's Office to reflect this designation. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss 6 138 RESOLUTION NO. 2023 - The Chairman thereupon declared the resolution duly passed and adopted this day of July, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney 3 Joseph H. Earman, Chairman 139 'ER N T Y LEGAL DESCRIPTION (Right of Way Acquisition) Being the East 112.00 feet of those lands as described in Official Record Book 2052, Page 1402, Public Records of Indian River County, Florida. Said Lands being more particularly described as follows: The North 2 Acres of the East 10 Acres of Tract 1, Section 19, Township 32 South, Range 39 East, according to the Last General Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25. of the Public Records of St. Lucie County, Florida. Less and Except the Right of Way for the Lateral "A" Canal j Containing 26,743 Sq. Ft.± (0.61 Acres±) Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Right of Way Map prepared by Arcadis U.S. Inc., Job No. 0138, (I.R.C. Job No. 545) Dated May 01, 2008. Together with the Last General Plat of lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida. (Now lying and Being in Indian River County, Florida.) 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RNV = RIGHT-OF-WAY T = TOWNSHIP Is Is not a BOundary Survev Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17..052 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STT 0 S. DATE OF SIGNATURE 'DAVI SC tR,P PROFESSIONAL SURPPER FLORIDA CERTI4 AGLNCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPLANGINERM DIV.. Sketch a Legal Descrolon D06/08/2020 DRAWN BY: l ..M ILI for: ` SCALN: A APPROVED BY: D.SILON INDIAN RIVER COUNTY SHEET: JOB NO: 1 OF 2 1505 140 s Sketch and Legal Description for: INDIAN RIVER COUNTY RIGHT OF WAY LINE 53rd Street NORTH LINE OF SECTION 19-32-39 AND NORTH LINE TRACT 1 Indian River farms Water Control District Sub—Lateral "A-9" Canal RIGHT OF WAY LINE i t: N. Tract 1 Indian River Farms Co. Plot Of Lands Plot Book 2. Page 25 (S.L.C.R.) Section 19/32/39 32-39-19-00001-0010-00001.0 INDIAN RIVER COUNTY N STE ADDRESS: 5285 66th AVENUE O.R.B. 2052 PG 1402 NOT TO SCALE o; M i b DEED BOOK 48 1 PAGE 23 1 11 C.R. = COUNTY ROAD LLC = LIMITED LIABILITY COMPANY I.R.F.W.C.D. = INDIAN RIVER FARMS O.R.B. = OFFICIAL RECORD BOOK WATER CONTROL DISTRICT (P) = PLAT L = LENGTH OF ARC P.B. = PLAT BOOK INDIAN RIVER COUNTY, FL BLIC WORKS DEPTJENGINEERING DIV. OF 2 R. IN BY: D. SCI 1505 18 1 17 19 20 80' 50' 60' I PGE DEED BOOK 4 PBS PAGE 23 1 32-39-19-00001-0010-00002.0 JAMES LEIMS STATE OF FLORIDA STATE 97E ADDRESS. 5265 66th AVENUE ROAD DEPARTMENT O.R.B. 3110. PG 2478 SECTION No. 88530-2250 Legend and I Abbreviations C.R. = COUNTY ROAD LLC = LIMITED LIABILITY COMPANY I.R.F.W.C.D. = INDIAN RIVER FARMS O.R.B. = OFFICIAL RECORD BOOK WATER CONTROL DISTRICT (P) = PLAT L = LENGTH OF ARC P.B. = PLAT BOOK INDIAN RIVER COUNTY, FL BLIC WORKS DEPTJENGINEERING DIV. OF 2 R. IN BY: D. SCI 1505 18 1 17 19 20 80' 50' 60' I PGE =PAGE PBS = PLAT BOOK ST. LUCIE a = DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RfW = RIGHT-OF-WAY T = TOWNSHIP Sketch and Legal Description for: INDIAN RIVER COUNTY 141 i Sketch and Legal Description forI1I1 RI'S'ER COUNTY I LEGAL DESCRIPTION (O.R.B. 2052, PAGE 1402) j The North 2 Acres of the East 10 Acres of Tract 1, Section 19, Township 32 South, Range 39 East, according to the Last General Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25. of the Public Records of St. Lucie County, Florida. Less and Except the Right of Way for the Lateral "A" Canal i i ALSO LESS AND EXCEPT: The East 112.00 feet Thereof. i 1 Containing 51,788 Sq. Ft. (1.19 Acres) More or Less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Right of Way Map prepared by Arcadis U.S. Inc., Job No. 0138, (I.R.C. Job No. 545) Dated May 01, 2008. Together with the Last General Plat of lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida. (Now lying and Being in Indian River County, Florida.) 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE R/W = RIGHT-OF-WAY T = TOWNSHIP This is not a Boundary Surve AGENCY: INDIAN RIVER PUBLIC WORKS DEPT DATE: DRAWN BY: 06/08/2020 I ET: NOB N 1 OF 2 Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF + SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STA S. Lt'W9 5. 2 jam`;.. 23, DATE OF SIGNATURE AVID W. SCHR ER P.S.M. PROFESSIONAL SURVE AND MAPPER j FLORIDA CERTIFICATE NO. 4864 S COUNTY, FL I ENGINEERING DIV. Sketch and Legal Description I o R. INGLETT for. j Iz z 3Y: W D.SILON INDIAN RIVER C TIP Z 1505 3 a EXHIBIT B _:. Sketch and Legal Description fore INDIAN RIVER COUNTY iROT OF WAY UNE 53rd Str"t is 17 .;: NORTH UNE OF SEC11ION 19-32-39 AND NORTH H UNE TRA T t Indian River farms Wotow Cwt-ol District Sub—LOterai '*A—V Canal o:DEED BOOK 48 "'' PAGE 23 .. .. . W. ' I • RAY . .. :. • ' EAST 112' �,,. r .,. .ar.... -r!t!�rr.ir,..rk Tr+a,ct 1 I E r kdW Ricer Farms Co. P10 Of o g Plot So* Z Pegs 25 (S.Lt R.) J U)00 c a n^ section 19/3" ;: g a v V)00 .id oma �Q W j IO I $M�" oaN �b'39-19- -0010-00001. m o' z i QI j Ick to ( M °° w o m W Q . �� m r- INDIAN RIVER COUNTY M w o f SM. ADDRESS: 5285 66th AVENUE n a / O.R.B. 2052, PG 1402 v Z JI i !7 W w 3 M 51.788 SO. FT. (1.19 ACRES) MORE OR LESS >3 t3 o r a N C Q c� = cs3 z � w o z �it z �' v - 1 ! � i ..0o LIM 7W1EAST EAST 112'4' ,. .30 DEED BOOK 48 32-39-19-00001-0010-00002.0 JAMES LEWIS PAGE 23 STATE OF FLORIDA STATE ---- { 1 SITE ADDRESS: 5265 66th AVENUE O.R.B. 3110, PG 2478 ROAD DEPARTMENT v SECTION No. 88530-2250 1 N Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE WATER CONTROL DISTRICT (P) = PLAT P.B. A = DELTA ANGLE FEET NOT TO SCALE L = LENGTH OF ARC = PLAT BOOK RO. = RANGEE R/W = RIGHT-OF-WAY ; o This is not a Boundary SunfeT T = TOWNSHIP AGENCY: INDIAN RIVER COUNTY, FL PUBUC WORKS IDIPTAMANEERING DIN. Sketch ILe _1o d z DATE: DRAWN BY: 06/08/2020 R. INGLETT Tor. 154N,901ANIVB COUNTY Z W z SCALE: APPROVED BY: N D. SCHRYVER Z SHEET- JOB N0: 2 2 1505 143 f 'LL f . I RESOLUTION NO.2923-� A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN - COUNTY OWNED PROPERTY FOR 66TH AVENUE RIGHT-OF-WAY. WHEREAS, on October 26, 2006, Indian Rivet' County purchased property from Justo Manuel Hernandez and Blanca Lleo, for flare road expansion of 66th Avenue; said conveyance was recorded in Book 2096 at Page 1040 of the Public Records of Indian River County, Florida; and WHEREAS, the intent of the County is to now earmark by a formal document the property for right-of-way; and WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit "A°; Stld . WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way identified in the attached Exhibit "A" so that the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps, NOW, THEREFORE, BE IT RESOLVED BY THE BOARID Of: COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit "A," is hereby formally designated as right-of-way; and 2. This resolution shalt be recorded in the Pubic Records of Indian River County, Florida. 1 144 RESOLUTION NO. 2023 - The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of July, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph H. Earman, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller c Deputy Clerk Approved as to form and legal sufficiency: By: D71an Reingold County Attorney 2 145 Sketch and Legal DescriptionforC �l Rl%*. Ek 1lI Legal Description,((M. V1/ay Acquisition) BEING THE EAST 158.0 FEET OF THOSE LANDS AS DESCRIBED INSIAL RECORD BOOK 2096, PAGE 1040, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID LARD BEING MORE PARTMLARLY DESCRIBED AS FOLLOWS: THE NORTH 90 FEET Of TI IE SOUTH 355 FEET OF THE EW 10 ACRES OF TRACT 9, SECTION 6, TOWNSHIP SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEM{ AS RECORDED, IN PLAT BOOK 2, AT PAGE(s) 25, OF THE PUBLIC RECORDS OF ST. LUCK COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 14,040 SQUARE FEET (0.32 ACRES), MORE OR LESS Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by the Indian River County Public Works Department- Survey Section, Job No. 1505, Dated May 21, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. . Leaend and Abbreviations C.R.COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE a =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RNV = RIGHT -OF --WAY T = TOWNSHIP This is not a SHEET; 1 Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPEL SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND j BELIEF. 1 I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OP, PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF i SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLO A ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STA T ! DMOF SIGNATURE DAVID W. SCHR PROFESSIONAL SURVEYORFAM MAPPER' FLORIDA CERTIFICATE NO. 4864 INDIAN RIVER COUNTY, FL I WORKS DLF GINEERING DIV. Skew and Lal 13 wcdofion DRAWN Q20 BY - R. INGLETT Intl • j . .W rn n o 04 o J 00- w. 32-39-06-00001-009 0-00003.0 c o ri I INDIAN RIVER COUNTY m 00 o z i i SITE ADDRESS: 7135 66TH AVE p o /1cT O.R.B. 2096, PG 1040 SQ. r ./ M I I I IIy�II I 32-39-06-00001-0090-00004.0 PAUL THOMPSON SITE ADDRESS: 7125 66th AVENUE O.R.B. 1680, PG. 2221 i i i r --I i SOUTH UNE OF TRACT 9 NORTH UNE OF TRACT 16 — NLegend . if I 0) �Z CJI, '. 1 O0_! 1. .W.C.D, = INDIAN RIVER FARMS A =DELTA ANGLE D Z � 0 yyy a? c ,. NOT TO SCALE C Z� : O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT C-) 7 C = PLAT BOOK /A a Boundary Survey m = PAGE - AGENCY: f+ 'r SkAch and L I DwOPteidn PuBuc 50' W arv. NLegend and Abbreviations CJI, = COUNTY ROAD PBS = PLAT BOOK ST. LUCIE 1. .W.C.D, = INDIAN RIVER FARMS A =DELTA ANGLE WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET 1..: = LENGTH OF ARC. R = RANGE NOT TO SCALE LLC = LIMITED LIABILITY COMPANY RNV = RIGHT-OF-WAY O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT P.B. = PLAT BOOK This is not a Boundary Survey PGE = PAGE - AGENCY: INDIM RMR,-. FL SkAch and L I DwOPteidn PuBuc W arv. DATE: DMVM BY' fo: 06/10/200 k #40LETT S PROVED BY! INDIAN RIVER Ct"UNT' . rRYv S OB N0:: (7135 Aft.- P L 11 3) 2 Of 2 RESOLUTION NO. 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN 9►il iM OWNED PROPERTY FOR 66TH AVENUE RIGHT-OF-WAY, AND DIRECTING THE PROPERTY APPRAISER TO CUT OUT THE PROPERTY DESIGNATED AS RIGHT-OF-WAY FROM THE PARENT PARCEL. WHEREAS, on December 30, 2009, Indian River County obtained property from Steven William Abazis, William George Abazis, and Evan Achilles Abazis, for future road expansion of 66th Avenue; said conveyance was recorded in Book 2392 at Page 139 of the Public Records of Indian River County, Florida; and WHEREAS, the intent of the County is to now earmark by a formal document that portion of the property for right-of-way with the rem bin9 retained by the Cotnty for other purposes until it can be re -sold and F on the tax rolls; and WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit "A"; and WHEREAS, a sketch and legal description have been prepared for the remainder property and are attached hereto as Exhibit "B"; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way identified in the attached Exhibit "N' so that the Indian River County Property Appraiser can earmark the property right-of-way on the appropriate maps, as well as cut out the designated right-of- way from the parent parcel, thus alleviating any potential boundary issues that may 1 148 RESOLUTION NO. 2023 - surface in the future with respect to the re -selling of the remainder property identified in the attached Exhibit "B", NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit 'A" is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County Property Appraiser is instructed to cut out the designated right-of-way as depicted and described on the attached Exhibit "A" from the parent parcel, and accordingly earmark any maps within the Property Appraiser's Office to reflect this designation. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss 2 149 RESOLUTION NO. 2023 - The Chairman thereupon declared the resolution duly passed and adopted this day of July, 2023. ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 3 Joseph H. Earman, Chairman 150 Sketch and Legal Description for:INDIAN RIVED COUNTY Legal Description (Right of Way Acquisition) BEING THE EAST 126.0 FEET OF THE NORTH 1298.35 FEET OF THE SOUTH 1328.35 FEET; TOGETHER WITH: THE NORTH 80.00 FEET OF THE SOUTH 110.00 FEET OF THE WEST 201.88 FEET OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2392, PAGE 139, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 10 ACRES OF TRACT 8, SECTION 18, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE i LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, '. PAGE(S) 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING ' IN INDIAN RIVER COUNTY, FLORIDA. { CONTAINING 179,765 SQUARE FEET (4.13 ACRES), MORE OR LESS . j Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Right of way Map Survey prepared by Kimley-Hom & Associates for the Indian River County Public Works Department - Survey Section, Job No. 1505, Dated July 24, 2017. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. l 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. s (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. _I. Legend and Abbreviations Certification C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL WATER CONTROL DISTRICT RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF'P'#ilE'PROPERTY O.R.B. = OFFICIAL RECORD BOOK SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID (P) = PLAT SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND P.B. = PLAT BOOK BELIEF. PGE =PAGE PBS = PLAT BOOK ST. LUCIE I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF A =DELTA ANGLE PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SQ. FT. = SQUARE FEET SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINIST TIVE CODE, R = RANGE PURSUANT TO SECTION 472.027 FLORIDA STATE STA R/W = RIGHT-OF-WAY T = TOWNSHIP t DATE OF SIGNATURE jDATID W. SCHRY R, P.S.M. i PROFESSIONAL SURVEYOR ND MAPP91t his is not a Boundary Survey FLORIDA CERTIFICATE NO. 4W AGENCY: ' INDIAN RIVER COUNTY, FL ��Ch and Legal Description WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: 03/28/2022 R. INGLETT for: SCALE: APPROVED BY: INDIAN RIVER CtOUNTY N A D.. SCHRYVER SHE OF 2 OB N0: 15D5 (5875 66th Avenue) EMI$UT A 32- 39-18-00001- 0080- 00003.1 INDIAN RIVER COUNTY SITE ADDRESS 66TH AVE O.R.B. 2392, PG 139 57th Street SOUTH LINE OF TRACT 8 C SOUTH LINE OF THE NORTHEAST ONC QUARTER SECTION16-32-39 1NLNAN RrNER FARMS CQAtPANY Tract 9 (PBS Z. PGE 25) Legend and Abbreviations P.B. = PLAT BOOK CR, = COUNTY ROAD PGE = PAGE I.R.F.WC.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE WATER CONTROL DISTRICT A =DELTA ANGLE L = LENGTH OF ARC SQ. FT. = SQUARE FEET LLC = LIMITED LIABILITY COMPANY R = RANGE O.R EL = OFFICIAL RECORD BOOR RNV = RIGHT-OF-WAY i*Q 11QI8 = PLAT T = TOWNSHIP INDIAN RIM COU10Y, FL Skt WOIi". and Le" D"Im"m GINEERING DIV. ; )ATE: DRAWN. BY: 03a!42022 R. INGLETT I ;CALL1 APPROVED BY:NQIAN RIVER COU N A D. SCHRYVER NO:10'" Av. (68 2 1505 _.. .. .. _.. { { I Sketch and Legal Descri 9 ` # I t UN'T Y' i 32-39-18-00001-0010-00001.0 SITE ADDRESS: 66th AVENUE I SOUTH UNE OF TRACT 1 O.R.B. 3238, PG 212 :. NORTH LINE OF TRACT B . I. INDIAN RIVER FARMS COMPANY Tract 8 D N w a (PBS, PGE 25) 0 EI C ounN vi I o�N UJ Z n'1 00 v gam" <I oa t I o o,0n Ln V 32-39-18-DODOI-0080-00003.0 N o ••ri a 1 INDIAN RIVER COUNTY SITE ADDRESS: 66TH AVE > D w m w M O.R.B. 2392, PG 139 .7 5 S(� 4 Z o o �,'!�3 ACRESf z m h� J 1 ... NOT TO SCALE -�CD 32- 39-18-00001- 0080- 00003.1 INDIAN RIVER COUNTY SITE ADDRESS 66TH AVE O.R.B. 2392, PG 139 57th Street SOUTH LINE OF TRACT 8 C SOUTH LINE OF THE NORTHEAST ONC QUARTER SECTION16-32-39 1NLNAN RrNER FARMS CQAtPANY Tract 9 (PBS Z. PGE 25) Legend and Abbreviations P.B. = PLAT BOOK CR, = COUNTY ROAD PGE = PAGE I.R.F.WC.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE WATER CONTROL DISTRICT A =DELTA ANGLE L = LENGTH OF ARC SQ. FT. = SQUARE FEET LLC = LIMITED LIABILITY COMPANY R = RANGE O.R EL = OFFICIAL RECORD BOOR RNV = RIGHT-OF-WAY i*Q 11QI8 = PLAT T = TOWNSHIP INDIAN RIM COU10Y, FL Skt WOIi". and Le" D"Im"m GINEERING DIV. ; )ATE: DRAWN. BY: 03a!42022 R. INGLETT I ;CALL1 APPROVED BY:NQIAN RIVER COU N A D. SCHRYVER NO:10'" Av. (68 2 1505 _.. .. .. _.. { 1 Sketch and Legal Description for. -INDIAN RIVE COUNTY Legal Description (O.R.B. 2392, PAGE 139) BEING A PARCEL OF LAND LYING IN TRACT 8, SECTION 18, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE(S) 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FLOWS: THE EAST 10 ACRES OF TRACT 8, SECTION 18, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE 1 LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE(S) 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT BEING THE EAST 126.0 FEET OF THE NORTH 1298.35 FEET OF THE SOI'1328.35 FEET; ALSO LESS AND EXCEPT: THE NORTH 80.00 FEET OF THE SOUTH 110.00 FEET OF THE WEST 201.88 FEET OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2392, PAGE 139, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONTAINING 245,986 SQUARE FEET (5.65 ACRES), MORE 'ORLESS Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Right of way Map Survey prepared by Kimley-Horn & Associates for the Indian River County Public Works Department - Survey Section, Job No. 1505, Dated July 24, 2017- Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RNV = RIGHT-OF-WAY T = TOWNSHIP IThis is not a Bou C crFifirn4inn (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TOrAE SEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STATUP DATE OF SIGNATURE DAVID W. SCHR P.S.M. PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 4864 AUt_NL,T: INDIAN RIVER COUNTY, FL Sketch and Legal Description PUBLIC WORKS DEPT. ENGINEERING DIY. g 03/ DRAWN BY.,R. INGLETT for. SCAL ; APPROVED 6Y: I N DIA { RIVER COUNTY:. N/A D. SCHRYVER SH1EOF 2 0B N0: 5'05 (587566th Avenue) I L. Sketch and Legal Qescdptiion lbr. INDIAN RIVER COUNTY, 32-39-18-00001-0010-00001.0 SITE ADDRESS: 66th AVENUE TH N TRACT 1 O.R.B. 3238, PG 212 NORTH U E OF TRACT�B ( _w► --- �I tN 1 FR C __ D a Tract 8 C4 W (PBS 2, PGE 25 ' S rri 00 N n o - 00001 o O cMv INDIAN RIVER COUNTY j I r^ _ $6' V) SITE ADDRESS: 661H AVE i i m Lim w O.R.B. 2392. PG 139 M ; � � Z °� o� W ����� f ,�+ LESS AND EXCEPT Z NOT TO:SCALE o a 45.986 SQ. FT "' o (5.65 ACRES*.) o m Q M z >Co O ? O .. m Q a O �.. i i I cs 0 (fi I D D (D INDIAN RIVER COUNTY SITE ADDRESS: 6614 LIVE n rn t i z m 0 1 i O z i iMEST«201 W p T� i i . AM! E1f+CEPT + i 1�" 1 i t i .. 57th Street sou7H UNE OF TIMCT 8 SOUTH UNE OF THE NORTHEAST ONE QUARTER SECTION 18-32-39 o INDIAN RIVER FARMS COMPANY Tract 9 (PBS 2, PGE 25) Lewd and 6MMMM P,w = PIA 8401E C.R. = COUNTY ROAD PM = PA(WE I.R.F.W.C.D. = 44DIAN RI R FARMS P : PLAT"BOOK ST. LUCIE WAT£R CONTROL 0161 CT A -MTAANGLE L = L04M OF ARC SQ. FT. = SQUARE FEET j LLC = LIIM1'ED LIABILITY COMPANY R =RANGE O.R.B. = OFFICIAL RECORD BOOK. RAN = RIGHT-OF-WAY I iw ro jk PQ4Wary S u rvey CPj = PLAT T = T4, lmSFIIP NCY`' INDIAN RIVER COUNTY, FL Sket h and Le-oal DIaiptim, PUBUC WORKS DEPT. NGINEERINGt 11 TE: DRAWN BY: fo% 3 ! 302z . rNGt. rr p APPROVED BY: I RIVE "'U 1 I MIA ?.CMIR RESOLUTION N0. 20 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR 66TH AVENUE RIGff-OF-WAYj. AND DIRECTING THE PROPERTY APPRAISER TO CUT OUT THE PROPERTY DESIGNATED AS RIGHT-OF-WAY FROM THE PARENT PARCEL. WHEREAS, on August 15, 201$, Indian River County purchased property from A. Ronald Hudson a/k/a Audestine R. Hudson and Jackye V. Hudson f/k/a Jackye V. Porter, for future road expansion of 66th Avenue; said conveyance was recorded in Book 3232 at Page 1581 of the Public Records of Indian River County, Florida; and WHEREAS, the intent of the County is to now earmark by a formal document that portion of the property for right-of-way with the remainder being retained by the County for other purposes until it can be re -sold and put back the tax rolls; and 1 WHEREAS, a sketch and legal description of the right -of -10W ' have been prepared and are attached hereto as Exhibit "A"; and WHEREAS, a sketch and legal description have been prepared for the remainder property and are attached hereto as Exhibit "B"; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way identified in the attached Exhibit "A" so that the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps, as well as cut out the designated right -of - 1 155 RESOLUTION NO. 2023 - way from the parent parcel, thus alleviating any potential boundary issues that may surface in the future with respect to the re -selling of the remainder property identified in the attached Exhibit "B", NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit 'A" is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County Property Appraiser is instructed to cut out the designated right-of-way as depicted and described on the attached Exhibit "A" from the parent parcel, and accordingly earmark any maps within the Property Appraiser's Office to reflect this designation. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss 2 156 RESOLUTION NO. 2023 - The Chairman thereupon declared the resolution duly passed and adopted this day of July, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney M Joseph H. Earman, Chairman 157 BEING THE EAST 156.0 FEET OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 3232, PAGE 1581, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SMALL GROVE LATERAL A: THE EAST 10 ACRES OF TRACT 9, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS COMPANY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPT THE SOUTH 355 FEET; AND LESS AND EXCEPT THE NORTH 110 FEET; AND LESS AND EXCEPT THE WEST 50 FEET THEREOF. SAID LANDS NOW SITUATE, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 136,215 SQUARE FEET (3.13 ACRES), MORE OR LESS Survevor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Right of way Map Survey prepared by Kimley-Horn 8 Associates for the Indian River County Public Works Department - Survey Section, Job No. 1505, Dated July 24, 2017- Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE R/W = RIGHT-OF-WAY T = TOWNSHIP This is not a Bounda AGENCY: INDIAN PUBLIC WOR DATE: DF 03/29/2022 -AI C. lAC 1 -OF 2 (`crtifir,ntinn (NOTV/UID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLO A ADMINIS TIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STA IN t' AVI W. HR R P.S.M. 1 PROFESSIONAL SURVEYOR -AND MAPPER FLORIDA CERTIFICATE NO. 4864 lul —YI RIVER COUNTY, FL Sketch and Legal Description 5 DEPT. ENGINEERING DIV.- 9, WN BY: C: �. ROVED BY: R. INGLErr INDIAN RIVER C D. SCHRYVER NO: (725566th Avenue Parcel- No. '111) 1505 158 EXHIBIT A 1 i. Fetich and Legal DescHIption IbcINDIAN RIVER COUNTY. RIGHT OF WAY LINE 73rd Street; a , SOUTH LIN� NORTH A T 1/4 6- ANP SOUPjj-1NF--TRACT 8 NORTH LINE SOUTHEAST 1/4 6-32-39 ANDINORTH LINE TRACT 9 i INDIAN RIVER FARMS WATER CONTROL DISTRICTSUB-LATERAL CANAL A -14a W: RIGHT OF WAY UNE b W t y _ .r g 32-39-06-00001-0090-00002.0 INDIAN RIVER COUNTY p Z o „ � r SITE ADDRESS: 7295 66TH AVE Z rnl �► � 1 g n O.R.B. 2044, PG 1166 o p Parcel 155 N r >� i via i �'' oo,^�c i �1 r mir w p .. N ' n Z 0) p I m 0) p n aC5 rrlrn s.�. CIA r D >V/ l 1 O p iESS WEST j c° 3 ml i 50'32-39-06-00001-0090-000014. Z >C SII INDIAN RIVER COUNTY i rn SITE ADDRESS: 7255 66TH AVE o s O.R.B. 3232, PG 1581 Z - - TH - T 1 m A ( D ` I m rn a n i p W zOf1 N a M13 ) > D Q �1 I p 1♦ j r .moi. S 01 u), 1w_ NOT TO SCALE in W � `- �XTH �I E OF TRACT 9 NORTH UNE OF TRACT 16 Leaend and Abbreviations C.R. = COUNTY ROAD PBS = PLAT BOOK ST. LUCIE I.R.F.W.C.D. = INDIAN RIVER FARMS A =DELTA ANGLE WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET L = LENGTH OF ARC R = RANGE LLC = LIMITED LIABILITY COMPANY R/W = RIGHT-OF-WAY O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT P.B. = PLAT BOOK IS is not a Boun . Survey PGE = PAGE ENCY: INOW RIVER COUNTY, FL DA DRAWN BY: 03/29/2022 R. ISO APPROVED BY: I N ® IAN RIVER N/A D, SCHRYVER q. SHEET: JOB NO: (7255 66th Ave" P" - II& I v) 2 OF 2 1505 _ _ 159 Sketch and Legal Description for INDIAN RIVER COUNTY. LEGAL DESCRIPTIp 4 (W—M 3232, PACS 1581) BEING A PARCEL OF LAND LYING IN TRACT 9, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK' 'j PAGE(s) 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SMALL GROVE LATERAL A: THE EAST 10 ACRES OF TRACT 9, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS COMPANY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK Z, PAGE 25 OF! THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPT THE SOUTH 355 FEET; AND LESS AND EXCEPT THE NORTH 110 FEE'S; AND LESS AND EXCEPT THE WEST 50 FEET THEREOF. SAID LANDS NOW SITUATE, LYING AND BEING IN INDIAN RIVER COUNTY4 FLORIDA. ALSO LESS AND EXCEPT: THE EAST 156.0 FEET THEREOF. CONTAINING 104,329 SQUARE FEET (2.40 ACRES), MORE OR LESS Survevor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Right of way Map Survey prepared by Kimley-Horn & Associates for the Indian River County Public Works Department - Survey Section, Job No. 1505, Dated July 24, 2017- Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyors seal. Legend and Abbreviations C.R. = COUNTY ROAD ULF:W E:D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY ORB. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RIW = RIGHT-OF-WAY T = TOWNSHIP INDIAN RIVER PUBLIC WORKS DEPT )ATE: DRAWN BY: 03/29/2022 :rpt c. ♦co�nvrn N/A SHEET: OB Ni 1 OF 2 ('ortifirofinn (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLOPA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STM STATU E DATE OF SIGNTTURr DAVID W. SCHRYV R,Y.S.M. PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 4864 COUNTY, FL .ketch and Legal Descpthan ENGINEERING DIV. fbc R. INGLETT 3Y: D. SCHRYVER INDIAN RIVER COUNTY (7255 66th Avenue Parcel - No, 1'13' Pamainder) 1505 - 160 OXH 1 alT S Sketch and Legal DewipWn fbr..'INDIAN RIMER COU T ' RIGHT OF WAY LINE 73rd Street. SOUTH j INE NORTH A T 1/4 6- - ANP SOUTH LINE_TgAc 8 NORTH LINE SOUTHEAST 1/4 6-32-39 AND !NORTH LINE TRACT 9 L INDIAN RIVER FARMS WATER CONTROL DISTRIG' MUB-LATERAL CANAL A-14 5 RIGHT OF WAY LINE ! w 32-39-06-00001-0090-00002.0Li � 00 Li INDIAN RIVER COUNTY g V) r, SITE ADDRESS: 7295 66TH AVE t O.R.B. 2044. PC 1166 oa 10.357 SQ. FT. W i PO1�41155 r 0 c o N (0.24 ACRES±) m -+ i rn -n < o a° mom+ O mb W) vm D D O i LESS MIES;f co D I rn 1 5 -D6-00001- z C> N i INDIAN RIVER COUNTY Parcel 117 -+� v> S17E ADDRESS: 7255 66TH A%* 0 3232 PC 1581 ------------- T w LESS THE EAST 56.00 9 SQ. p (2.40 AOMS*) r (A s o o n> ( '7 w I J a D cwo 3 Z 3 1- m V)m 4 in ► > W m� 0z w* 4 M �. u°i`` o N', C, NOT TO SCALA. i N c, -A OD SOUIH JANE OF TRACT 9 t _ _ NORTH UNE OF TRACT 16 Legend and Abbreviations C.R. = COUNTY ROAD PBS = PLAT BOOK ST. LUCIE I.R.F.W.C.D. = INDIAN RIVER FARMS A =DELTA ANGLE WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET L = LENGTH OF ARC R = RANGE LLC = LIMITED LIABILITY COMPANY RNV = RIGHT-OF-WAY O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT P.B. = PLAT BOOK IS IS 1101 a BOUtit>ary Survey PGE = PAGE AGENCY: INDIAN RIVER COUNTYs FLSketch and:4;sgal Dwdiption PUBuc WNKs MARRIME 03/39/2022 DRAWN BY: R. INGLETTa. ` SCALE: APPROVED BY: INDIAN RIVER COUNTY N/A D. SCHRYVER SHEET: JOB NO: (5 66th Avenue Parcel - No. 117 Remainder) 2 OF 2 1505 161 WHEREAS, on May 21, 2009, Indian River County purchased propertyim Thomas Lester O'Neal, Jr., a married man, for future road expansion of 66th Avenue; said conveyance was recorded in Book 2343 at Page 842 of the Public Records of Indian River County, Florida; and WHEREAS, the intent of the County is to now earmark by famal - docuMent the property for right-of-way; and WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit "A"; and WHEREAS, it would be beneficial to designate by a recorded intt the County's designation of this right-of-way identified in the attached Exhibit so that the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNW COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit 'A" is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida. 1 162 RESOLUTION NO. 2023 - The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of July, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney Joseph H. Earman, Chairman 2 163 Sketch and Legal Desai ti©n for:INDIAN RIVER COUNTY. Legal Description (Right of Way Acquisi_ BONG THE EAST 156.0 FEET OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOQK 2 , PAGEi PUMIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY OMFOBW AS FOLLOWS: THE SOUTH 90 FEET OF THE SOUTH 356 FEET OF TIME EAST 10 ACRES OF TRACTIk SECTION 6, TOWNSHIP SOUTH, RANGE 39 EAST, LESS THE WEST 413,00 FIST THEREOF, ACI HGi TO TMe W GENERAL PLAT INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLEW OF THE COWIN COURT OF ST. LUCK+ COUNTY, FLORIDA IN PLAT BOOK 2,, PAGE 25; SAID LAND NOW LYNG AND BEING IN INDIAN RIVER. I�Q1JI++II"iY, FLORIDA. CONTAINING 14,040 SQUARE FEET (0.32 ACRES), MORE OR LESS Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by the Indian River County Public Works Department - Survey Section, Job No. 1505, Dated May 21, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2) -This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. tine d anti Abbreviations QfL = COUNTY ROAD Lit -FAX D = INDIAN RfVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIAML1TY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE L =DELTA-ANGLE SQ. FT. = SQUARE FEET R = RANGE R/W = RIGHT-OF-WAY T = TOWNSHIP is not a Boundary Survey VCY: INDIAN RIVER COUNTY PUBLIC WORKS DEPT. EN N " 10/2020 DRAWN BY: LEt APPROVED BY: N LA p. ET: JOB NO: Of 2 15M Certification (NOT VALID WITHOUT THE SIGNATURE AND MGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOALMD MAPPER) t I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTONOF THE PROPERTY 1 SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID f SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 1 FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF, PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLOWPA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STTV-1 E . t 16 OQAA DATE OF SIGNATURE IR R, P.S.M. PROFMIONAL SURVF R AND MAPFOR lRIDAkbCERTIFICE NQ.11Iitr FL SINat h and L E RING; . W. GLEN _ fo. RYVER INDIAN R11F U Nki— - cir't 114 - 71 1 :nth Ave EXHIBIT A Sketch and Legal Descripfion forINDIAN fVE 0UN NORTH LINE OFsly IiC 1 c� i :R.,B. 3251, PAGE 357'� c Indian River Farms Cly I' wTract 9 vii n ; (PBS. 2, PGE 25) a "� i 32 -39 -O6 -D0001-009 0-0000 3.1 32-39-06-00001-0090-00004.0 f71 0 0 `O j ' PAUL EDWARD THOMPSON INDIAN RIVER COUNTY *'- 006 W SITE ADDRESS: 7129 66TH AVE SITE ADDRESS: 7125 66th AVENUE `� r w N i O.R.B. 3251, PG 357 O.R.B. 3251, PG. 353 0 m ( Q 0 M�-41 Ole,�� ro 0 co o� 4 < rn 0 Ln � 0�r t ry i foe. = m SOUTH LINE OF TRACT 9 0 — — NORTH LINE OF TRACT 16 4-C 1 32-3 9-06-00001-01 60-00004.0 INDIAN RIVER COUNTY + SITE ADDRESS: 66TH AVE w O.R.B. 3191, PG 2412 N f NOT TO SCALE i Legend and Abbreviations C.R. •.COUNTY ROAD PBS = PLAT BOOK ST. LUCIE 1R.P.l111.'iQ. m INDIAN RIVER FARMS A =DELTA ANGLE WATER CONTROL DISTRICT SQ. FT.= SQUARE FEET L •LENGTH OF ARC R = RANGE i LLO a LIMITED LIABILMYGOMPANY RNV = RIGHT-OF-WAY O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT ' P.B. = PLAT BOOK PGE = PAGE This is not a Boundary Survey AGENCY: INDIAN RIVER t:QU ON. S► ��i slid A Descriptionj PU UG 4RKS DEPT. , . DAT ; DRAWN BY: r 1 8t 10/2020; 1 pi p SCA APPROVED BY: # D N i�►1 m UNTO' WA 0 'SCHRYV'ER SHE OB NO: i :� 1. t�'. �. _ - 1 �ti5 RESOLUTION :NN., 423- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY 'DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR 66TH AVENUE RIGHT-OF-WAY. WHEREAS, on September 26, 2008, Indian River County purchased property from Robert Joseph Gardiner, II and Wendy Gardiner, his wife, for future road expansion of 66th Avenue; said conveyance was recorded in Book 2295 at Page 536 of the Public Records of Indian River County, Florida; and WHEREAS, the intent of the County is to now earmark by a formal document the property for right-of-way; and WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit "A"; and WHEREAS, it would be beneficial to designate: by a recorded instrument the County's designation of this right-of-way identified in the attached Exhi t "A" so that the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY , COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit 'A" is hereby formally designated as right-of-way; and i 2. This resolution shall be recorded in the Public Records of Indian Rivw a County, Florida. i 166 RESOLUTION NO. 2023 - The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of July, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney Joseph H. Earman, Chairman 2 167 Sketch and Legal Description fortNDIAPI FINER COUNT. Legal Description (Right of Way Acquisition) BEING THE EAST 156.0 FEET OF THE SOUTH 90.0 FEET OF THOSE LANDS AS DESCRIBED IN OFFI01AL RECORD BOOK 2295, PAGE 536, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 90 FEET OF THE SOUTH 5 ACRES OF THE EAST 20 ACRES OF TRACT 1, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, AT PAGES(s) 25, OF THE PUBLIC REOCRDS OF ST. LUCIE COUNTY FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 14,045 SQUARE FEET (0.32 ACRES), MORE OR LESS Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by the Indian River County Public Works Department - Survey Section, Job No. 1505, Dated May 21, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Certification Legend and Abbreviations C.R. =COUNTY ROAD (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL I.R.F.W.C.D. = INDIAN RIVER FARMS RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) WATER CONTROL DISTRICT L = LENGTH OF ARC I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY LLC =LIMITED LIABILITY COMPANY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID O.R.B. =OFFICIAL RECORD BOOK SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND (P) = PLAT BELIEF. P.B. = PLAT BOOK PGE =PAGE I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PBS = PLAT BOOK ST. LUCIE PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF A SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLC1 XIDA ADMINiSTRATiVE CODE, =DELTA ANGLE SO. FT. = SQUARE FEET R =RANGE PURSUANT TO SECTION 472.027 FLORIDA STATE Si Y , } RIW = RIGHT-OF-WAY T = TOWNSHIP DATE OF SIGNATURE 4 . C t E P.�.W PROFESSIONAL SURVEY AIjID MAPPER This is not a Boundaa Survey FLORIDA CERTIFICATE NO. 4864 AGENCY: Nowow MT'`f- INDIAN RIVER COUNTY, FL Sketch and Leo.Descdption PUBUC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: TOC 06/11/2020 R,. #".L.ETT SCALE: APPROVED BY: INDIAN RIVER N/A D. SCHRYVER SHE OB N0: WthAve. - PARCEL I V) OF 2 1505 EXHIBIT A - 0 inamn raver rams uwnpany - Cn 0 o r 10 Tract 1 (PBS 2. PGE 25) om a - < v 32-39-07-00001-0010-00006.0 z-w-+� C 0 g a g w $cn GLEN BESANCON SITE ADDRESS: 6725 66TH AVE z o 0 y w I Z m F, � O.R.B. 3278, PG 1979 -� X F r 'IWO =Z Ln ~q aK N j o > �+ N Z1f � K D z C: 0 p 0' :3 1 Al EAST 156.00' � z 32-39-07-00001-001 0-00007.0 3 *3 z INDIAN RIVER COUNTY SITE ADDRESS: 6705 66TH AVE N 14,045 SQ. rQ O.R.B. 2295, PG 536 (0.32 ACRE < O -L rr 0 CD CD fl (� SOUTH LINE OF TRACT 1 D'Z < .� r 0 w NORTH UNE OF TRACT 8 z m 0c z m o 71 Inds n River Farms Com0 y � a X,5pa Tract 1 D ��a (PBS 2, PGE 25)� 0 o,tO� 32-39-07-00001-0080-00002.0 50, z •. a DEEPTI AND HARISH SADHWANI +�------- <Mai I c SITE ADDRESS: 65th STREET O.R.B. 1818, PG 1661 ryzgo I a Legend and Abbreviations C.R. = COUNTY ROAD PBS = PLAT BOOK ST. LUCIE I.R.F.W.C.D. = INDIAN RIVER FARMS a =DELTA ANGLE WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET L = LENGTH OF ARC R = RANGE LLC = NV LIMITED LIABILITY COMPANY R = RIGHT-OF-WAY NOT T4 SLE O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT This is riot a SpOOM Swyay, P.B. PGE = PLAT BOOK = PAGE AGENCY: INWX f4VElt OWNTY, FL Sk tch and L.egal Dmaiption PUBLIC INEERING DIV. •:. DATE: 06/11/2020' R. INGLETT` ! ND L RIVERCOUNTY SCALE: APPROVED BY. N/A D. SCHRYVER (66th A PARM -06) SH OF OB N0: 2 1505 .. 169 W ESOLUTION O. 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR 66TH AVENUE RIGHT-OF-WAY. WHEREAS, on October 21, 2019, Indian River County purchased property from Paul Edward Thompson, Jr., and Rennie Sue Thompson, for future road expansion of 66th Avenue; said conveyance was recorded in Book 3251 at Page 353 of the Public Records of Indian River County, Florida; and WHEREAS, the intent of the County is to now earmark by a formal document the property for right-of-way; and WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit "A"; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way identified in the attached Exhibit "A" so that the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit 'A" is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Fig. 1 170 RESOLUTION NO. 2023 - The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of July, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney Joseph H. Earman, Chairman 2 171 _.. _ jj i —. Sketch and Legal Desc p on for.l.NDI N RIVE. COUNT Lomat Descr ption ISM—„01ft Acquisition BEM THE EAST 15610 FEET OF THOSE LANDS A&DESCRIB1 D IN OFFICIAL RECORD BOOK 2096, PAGE 1040, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED ASFOLLOVIM t THE NORTH 90 FEET O' THE SOUTH 355 FE T'0F THE EAST 10ACRES OF TRACT 9, SECTION 6, T*AINSHIP 32 SOUTH, RANGE 35 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLATTHEREOF;: AS RECORDED, IN PLAT BOOK 2:, AT PAGE(s) 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COMY. FLORIDA. i CONTAINING 14,040 SQUARE FEET (0.32 ACRES), MORE OR LESS Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by the Indian River County Public Works Department - Survey Section, Job No. 1505, Dated May 21, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St Lucie (now Indian River County), Florida. 2).This legal description shall not be vafld unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations G.R. = COUNTY ROAD f.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE R/W = RIGHT-OF-WAY T = TOWNSHIP This is not a r:artifir•ntir%n (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION Of THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 1 FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLO A ADMIN:ST TIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STA T 5- 1. A4wft SO DATE OF SIGNATURE DAVID W.So P.S.M. PROFESSIONAL. SURVEYO ... AND MAPPER FLORIDA CERTIFICATE NO. 4864 `:. AGENCY: INDIAN RIVER COUNTY, FL o6/tQ .209 SCA y N A SET: I OF. 2'', i -WUGMEERING DIV. 01MC41 421M L. :. q" VN BY: i { R. INGMT.... ; WrD BY: d. INDIAN Rl\/F-COUNTY NO:1 � (7135 66th Ave: , Pl '1'1R TA... NLegend 0, Indian River Farms Company C.R. = COUNTY ROAD PBS = PLAT BOOK ST. LUCIE I.R.F.W.C.D. = INDIAN RIVER FARMS G =DELTA ANGLE WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET Tract 9 L = LENGTH OF ARC R = RANGE NOT TO SCALE I = LIMITED LIABILITY COMPANY RAW = RIGHT-OF-WAY a 10 = OFFICIAL RECORD BOOK T = TOWNSHIP (PBS 2, PGE 25) = PLAT I = PLAT BOOK This is not a Boundary Survey PGE U- N W LAJ Cr AGENCY: 110' I ---------------------- -------- COUNTY, FL Sketch and Legal Description 50' --------- ENGINEERING DIV. for: Z o DRAWN BY: 06/10/2020 R. INGLETT INDIAN RIVER COUNTY SCALE: APPROVED BY: N/A J Q (7135 66th Ave. - PARCEL 116) SHS OF 32-39-06-00001-0090-00001.1 2 1505 1-0 R. HUDSON do JACKIE AUDESTINE y m SITE ADDRESS: 7255 66th AVENUE H. O.R.B. 1076. PG. 890 (n Q- tn Ld -i "- Z D ►- Z M rn _ O W M ---;--EAST -n Z N 156.00'----- CF) Om 0 < � y= O �-1- -C j a �N `D i �" i i 32-39-06-00001-0090-00003.0 OC INDIAN RIVER COUNTY m rcel 1 0 La _� ham C r Z 068 g Z; ; SITE ADDRESS: 7135 66TH AVE o / / / / / > Q m Q O.R.B. 2096, PG 1040 141040 SQ. FT.< In r+ (0.32 ACR S±) o c �, n go C _z -�I O N n ' _ -i O �D D U) I I V I i 32-39-06-OD001-0090-00004.0 '11 m PAUL THOMPSON SITE ADDRESS: 7125 66th AVENUE D LA rDD n >> O.R.B. 1880, PG. 2221 < m i I Z U) n ' m -� Q O " r+ ' O I50 50 — — R IjjNff TRACT 9 -------- -------- _ NORTH UNE OF TRACT 16 —-- — — — NLegend and Abbreviations C.R. = COUNTY ROAD PBS = PLAT BOOK ST. LUCIE I.R.F.W.C.D. = INDIAN RIVER FARMS G =DELTA ANGLE WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET L = LENGTH OF ARC R = RANGE NOT TO SCALE LLC = LIMITED LIABILITY COMPANY RAW = RIGHT-OF-WAY O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT P.B. = PLAT BOOK This is not a Boundary Survey PGE =PAGE AGENCY: INDIAN RIVER COUNTY, FL Sketch and Legal Description PUBLIC WORKS DEPT. ENGINEERING DIV. for: DATE: DRAWN BY: 06/10/2020 R. INGLETT INDIAN RIVER COUNTY SCALE: APPROVED BY: N/A D. SCHRYVER (7135 66th Ave. - PARCEL 116) SHS OF OB NO: 2 1505 RESOLUTHM.O. 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COIJNW, PP ORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR 66TH AVENUE RIGHT-OF-WAY, .AW DIRECTING THE PROPERTY APPRAISER TO CUT OUT THE PROPERTY DEBATED AS RIGHT-OF-WAY FROM: _tfM PARENT PARCEL. WHEREAS, on February 4, 2019, Indian River County purchased property from Central Groves Corp., for future road expans% of 66th Avenue; said conveyance was recorded in Book 3181 at Page 1896 of the Public Records of Indian River County, FWda; and WHEREAS, on March 11, 2019, a Correcti Warranty Deed was recorded for the property conveyed to Indian River County from Central Groves Corp., ftr future road expansion of 66th Avenue; said conveyance; was recorded In Book 3101 at Page 2412 of the Public Records of Indian River County, Florida WHEREAS, the intent of the County is to now earmark by a fbal document that portion of the property for right-of-way with the remainder being retained by the Cour* for other purposes until it can be re -sold and put back on the tax rolls; and WHEREAS, a sketch and legal description of the righ f -way have been prepared and are attached hereto as Exhibit "K d WHEREAS, a sketch and legal desofpti tit :prepared f0t ft.- remainder property and are attached hereto as Exhibit "B"; Mid 1 174 RESOLUTiON NO. 2023 - WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way identified in the attached Exhibit W so tfiat the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps, as well as cut out the designated right-of- way from the parent parcel, thus alleviating any potential boundary issues that may surface in the future with respect to the re -selling of the remainder property identified in the attached Exhibit "B", NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit 'A" is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County Property Appraiser is instructed to cut out the designated right-of-way as depicted and described on the attached Exhibit "A" from the parent parcel, and accordingly earmark any maps within the Property Appraiser's Office to reflect this designation. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher 2 175 RESOLUTION NO. 2023 - Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of July, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney 3 Joseph H. Earman, Chairman 176 N W -*E 0 S 100' GRAPHICSCALE m TRACT 16 INDIAN RIVER FARMS CO. PLAT BOOK 2, PAGE 25 (ST, LUCIE) 32390600001016000004.0 ORB 884, PG 289 LINE TABLE UNE LENGTH — BEARING L1 30.07 N00'32'02"E L2 50.00 N89 -27.58"W ' 0 156.00' S8929'34"E w1p I m TRACT 16 J�u> � \OBD EAST LINE OF tr r� 0 Q 0 w � N TRACT 16 PAGE O �t fV EASEMENT FDOT to O OF TRANSPORTATION O ,6 Z I PARCEL 113 (T M 5.45 ACRES 3 15' TCE 12 ' 0 m w1p N WZ Z O a J�u> � \OBD RJW tr W 0 Q 0 w � N N PAGE O TEMPORARY CONSTRUCTION fV EASEMENT FDOT FLORIDA DEPARTMENT O OF TRANSPORTATION O SECTION Z I PARCEL 113 237,334 SQ.FT. 5.45 ACRES � 50' O 30' ui 20' - LD 1 S89 -22'53"E 10' TCE 423.04' ���h`O P.O.B. 70 N00 26'24"E ..SLIeYZWYBnDN LINE! L _ s1s.s3' 69th STREET 130' N89 -22'53"w SOUTH UNE SECTION 6 TRACT LINE CANAL A-13 30' P.O.G. S.E. CORNER —1—T—T SECTION 6 t LEGEND SECTION UNE EASEMENT LINE PROPERTY UNE PROPOSED RIGHT OF WAY u7 z 50'— w ,ai V) Im La C, MI Z¢ N V NTJ �i (no" J MZim0 �o<Qan X�wa N w roiw cn I� z to :3w ICN N n w0 (!) iV oI W Iz r] z Q W z U I� I J iL2 Jets cwtf w ttwt a kVt descrIpthm and sketch of the property shohm hareon was made under my supwv**n and that thb too dam**thm and skatch masts the standards of pmctks sel far@ by the nork'a Board of Profesalnnd 9rnvyws and Mappers h Choptw 5J-17, Florida Admhhkrtrodhe Coda Pursuant to Section 472027, Ronda Statutsa and blut Mb &wkrp AN o true and acmeate memmentatkn thereof to the best of my knosfedye and betlel Subjvct to notes and notation shorn harron. "C- EG DGWYEF. RS4. Na 5179 DATE 3 -13-a:� Not mW eldwut Ow sfpoohm end sed of a florfdo Lkansed Surnsypr Pq Kimley>>>Horn,�roE LEGAL DESCRIPTION AND SKETCH OF �, PLAW PARCEL113 1 OF2 ©ten,, Na ,.,.,� 1 7 «a MOM „�;,,� 2) t N0 INDIAN RIVER COUNTY, FLORIDA ww.w&n.-nrn�6ow 047035041 PARCEL — — RIGHT OF WAY UNE P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING RJW RIGHT OF WAY ORB OFFICIAL RECORDS BOOK PG PAGE TCE TEMPORARY CONSTRUCTION EASEMENT FDOT FLORIDA DEPARTMENT OF TRANSPORTATION SECT. SECTION u7 z 50'— w ,ai V) Im La C, MI Z¢ N V NTJ �i (no" J MZim0 �o<Qan X�wa N w roiw cn I� z to :3w ICN N n w0 (!) iV oI W Iz r] z Q W z U I� I J iL2 Jets cwtf w ttwt a kVt descrIpthm and sketch of the property shohm hareon was made under my supwv**n and that thb too dam**thm and skatch masts the standards of pmctks sel far@ by the nork'a Board of Profesalnnd 9rnvyws and Mappers h Choptw 5J-17, Florida Admhhkrtrodhe Coda Pursuant to Section 472027, Ronda Statutsa and blut Mb &wkrp AN o true and acmeate memmentatkn thereof to the best of my knosfedye and betlel Subjvct to notes and notation shorn harron. "C- EG DGWYEF. RS4. Na 5179 DATE 3 -13-a:� Not mW eldwut Ow sfpoohm end sed of a florfdo Lkansed Surnsypr Pq Kimley>>>Horn,�roE LEGAL DESCRIPTION AND SKETCH OF �, PLAW PARCEL113 1 OF2 ©ten,, Na ,.,.,� 1 7 «a MOM „�;,,� 2) t N0 INDIAN RIVER COUNTY, FLORIDA ww.w&n.-nrn�6ow 047035041 2 LEGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 16, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 6; THENCE, BEARING NORTH 00'32'02" EAST, ALONG THE EAST UNE OF SAID SECTION 6, A DISTANCE OF 30.07 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'27'58" WEST, A DISTANCE OF 50.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 89'22'53" WEST, A DISTANCE OF 618.93 FEET TO A POINT ON THE EAST LINE OF THE WEST 20 ACRES OF SAID TRACT 16; THENCE, BEARING NORTH 00'26'24" EAST, ALONG SAID EAST LINE, A DISTANCE OF 70.00 FEET TO A POINT; THENCE, LEAVING SAID EAST UNE, BEARING SOUTH 89"22'53" EAST, A DISTANCE OF 423.04 FEET TO A POINT; THENCE, BEARING NORTH 45'34'35" EAST, A DISTANCE OF 56.53 FEET TO A POINT; THENCE, BEARING NORTH 00'32'02" EAST, A DISTANCE OF 1,198.34 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 16; THENCE, BEARING SOUTH 89'29'34" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 156.00 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 16; THENCE, BEARING SOUTH 00.3202" WEST, ALONG SAID EAST LINE OF TRACT 15, A DISTANCE.OF 1,308.65 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 237,334 SQUARE FEET OR 5.45 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. PROPOSED ACQUISITION PARCEL ACREAGE = 5.45 ACRES PORTION OF THE ACQUISITION PARCEL THAT IS ENCUMBERED BY THE FOOT = 0.90 ACRES RIGHT-OF-WAY SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST UNE OF SECTION 6. SAID LINE BEARS NORTH 00'32'02" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. Kimley»>HornH7/10/17LEGAL DESCRIPTION AND SKETCH OF 1 QQ%NUMB ` PARCEL 113 82 OF 2 N0 TMOTM� "R1E7°° ER0°F�''{'i1°° INDIAN RIVER COUNTY, FLORIDA N PARCEL 113 I 2 STORM WA TER PROPOSED RIGHT OF WAY MANAGEMENT Kimley*Horn ©mn xee� nave wo nseauiu rs "° uw anezr s 4 suo. °'° swt R elves shard ns-+� r m-�+-� FACILITY W E — — RIGHT OF WAY LINE P.O.B. N89'29'34"W 50.00' POINT OF COMMENCEMENT I P.O.B. 5fl.00' N8929'34"W 1 0 RIGHT OF WAY 0 S 100' M 156.00 O o a, STORMWATER MANAGEMENT M A M r d N.E. CORNER GRAPHIC SCALE 98,900 SO. FT. 1 — LW RESERVATION °o TRACT 16 2.27 ACRES STREET `� N$9'22' z K) N PROPERTY LINE I 2 Surveyor and Mapper. PROPOSED RIGHT OF WAY hereon was made under my superris= and that this firW dexcn)j tiara Kimley*Horn ©mn xee� nave wo nseauiu rs "° uw anezr s 4 suo. °'° swt R elves shard ns-+� r m-�+-� PARCEL W E — — RIGHT OF WAY LINE �t P.O.C. POINT OF COMMENCEMENT I P.O.B. 0 1 0 RIGHT OF WAY 0 S 100' M PARCEL 113 O o a, STORMWATER MANAGEMENT M 070' EASEMENT FACILITY d FLORIDA DEPARTMENT OF TRANSPORTATION GRAPHIC SCALE 98,900 SO. FT. 1 — LW RESERVATION °o 2.27 ACRES STREET `� N$9'22' z K) TRACT LINE CANAL A-13 3ir 3 I TLEGEND 32390600001016000004.0 ORB 884, PG 289 89'29'34"W 2 N N WA =4� SO 4 Q~ U SO N 3"W P.O.C. S.E. CORNER SECTION1 6 r PROPERTY LINE I 2 Surveyor and Mapper. PROPOSED RIGHT OF WAY hereon was made under my superris= and that this firW dexcn)j tiara Kimley*Horn ©mn xee� nave wo nseauiu rs "° uw anezr s 4 suo. °'° swt R elves shard ns-+� r m-�+-� PARCEL f� — — RIGHT OF WAY LINE 0 I� P.O.C. POINT OF COMMENCEMENT a P.O.B. POINT OF BEGINNING 1 R/W RIGHT OF WAY hereon. ORB OFFICIAL RECORDS BOOK o a, S89'22 53 E ,o. T;J 423.04' t 070' EASEMENT E.C. tmcfEIM ASA4 Na 5179 FOOT FLORIDA DEPARTMENT OF TRANSPORTATION DA TE., Z 1 — LW RESERVATION LINE_ — — 61s.s3'69th SOUTH UNE SECTION 6 STREET `� N$9'22' TRACT LINE CANAL A-13 3ir TLEGEND �— SECTION LINE — — — EASEMENT UNE N N WA =4� SO 4 Q~ U SO N 3"W P.O.C. S.E. CORNER SECTION1 6 r PROPERTY LINE MAP certifies that a legal descrlptwn and sketch of the property shown Surveyor and Mapper. PROPOSED RIGHT OF WAY hereon was made under my superris= and that this firW dexcn)j tiara Kimley*Horn ©mn xee� nave wo nseauiu rs "° uw anezr s 4 suo. °'° swt R elves shard ns-+� r m-�+-� PARCEL and sketch meets the standards of practice set forth by the Rarldo — — RIGHT OF WAY LINE Board of Professional-uNwYors end Mappers kr Chapter 5J-17, Florida P.O.C. POINT OF COMMENCEMENT Administrative Code, pursuant to Section 472.027. Rorkia Statutes and that this drawing is o true and accurate representation thereof to the P.O.B. POINT OF BEGINNING best of my knowledge and belief. Subject to notes and nototions shown R/W RIGHT OF WAY hereon. ORB OFFICIAL RECORDS BOOK TCE TEMPORARY CONSTRUCTION , — EASEMENT E.C. tmcfEIM ASA4 Na 5179 FOOT FLORIDA DEPARTMENT OF TRANSPORTATION DA TE., SECT. SECTION Not volid without the signature and raised seal of o narkhr Licensed Surveyor and Mapper. -Wx V-1 Kimley*Horn ©mn xee� nave wo nseauiu rs "° uw anezr s 4 suo. °'° swt R elves shard ns-+� r m-�+-� 7/10/17 LEGAL DESCRIPTION AND SKETCH OF PARCEL 113 STORMWATER MANAGEMENT FACILITY INDIAN RIVER COUNTY. FLORIDA 179 1 OF 2 ase." n 010 �eT � 35 0470041 er Fm r�'.arsr-xosw.caw PARCEL ? U STORMWATER MANAGEMENT FACILITY STORMIPATER MANAGEMENT FACILITY ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 16, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2. PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE, BEARING NORTH 0032'02" EAST, ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 1338.74 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'29'34" WEST, A DISTANCE OF 50.00 FEET TO THE NORTH EAST CORNER OF TRACT 16; THENCE, BEARING NORTH 69'29'34" WEST, ALONG THE NORTH LINE OF SAID TRACT 16, A DISTANCE OF 156.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 00'32'02" WEST, A DISTANCE OF 430.00 FEET TO A POINT; THENCE, BEARING NORTH 89.29'34" WEST, A DISTANCE OF 230.00 FEET TO A POINT; THENCE. BEARING NORTH 00'32'02 EAST, A DISTANCE OF 430.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 16; THENCE, BEARING SOUTH 89'29'34" EAST, ALONG THE NORTH LINE OF SAID TRACT 16, A DISTANCE OF 230.00 FEET TO THE POINT OF BEGINNING, THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 98.900 SQUARE FEET OR 2.27 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 6. SAID LINE BEARS NORTH 0032'02" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES_ 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. ogre SHEET MUMBEF K�mlg�,Hrn /» LEGAL DESCRIPTION AND SKETCH OF1 0 PARCEL 113 STORMWATER MANAGEMENT FACILITY 2 OF 2 7?2rAX M7"-a30INDIAN RIVER COUNTY, FLORIDA nnn�Fna1 Sketch and Legal Descripbon -for.INDIAN RIVER COUNTY Survevor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by the Indian River County Public Works Department - Survey Section, Job No. 1505, Dated May 21, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed Surveyor's seal. 3). Bearings shown hereon are referenced to the East line of Section 6, Township 32 South, Range 39 East. Said line Bears North 00°32'02" East, and all others are relative thereto. 4). The legal Description for the "less and except" Right of way Parcel No. 113 was created by Kimley-Horn and Associates on May 5, 2017, Project No. 047035041. The Legal Description for the "Less and Except" Stormwater Management Facility Parcel No. 113, was created by Kimley-Horn and Associates on July 10, 2017, Project No. 047035041. 6 Leoend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE R/W = RIGHT-OF-WAY T = TOWNSHIP s is not a Boundary Survey ('orf ifir-cztinn (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. O O a I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF a SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, 3 4 PURSUANT TO SECTION 472.027 FLORIDA STATE STATU ES. a' r c 19 DATE OF SIGNATURE DAVID W CHS YVER PROFESSIONAL SUR - R AND MAPPER 0 FLORIDA CERTIFICATE NO. 4864 INDIAN RIVER G tNTY, FL C WORKS DEPT./ENGINEERING DIV. U26/2020 2020 R. INGLETT APPROVED BY: N/A D. SCHRYVI 1 OF 3 OB N0: 1505 kWVMIR#T R Sketch and Legal►eescription fo►r INDIAN RIVEIFI. COU NTY Sketch and Legal Descrip t for: I N D IAN RIVERCOUNTY Legal Description TRACT 16, LESS THE WEST 20 ACRES IN SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING: RIGHT OF WAY PARCEL NO. 113: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 16, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE ! PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCE FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 6; THENCE, BEARING NORTH c o 00°32'02" EAST, ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 30.07 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89°27'58" WEST, A DISTANCE OF 50.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 89°22'53" WEST, A DISTANCE OF 618.93 FEET TO A POINT ON THE EAST LINE OF THE WEST 20 ACRES OF SAID TRACT 16; THENCE, a BEARING NORTH 00°26'24" EAST, ALONG SAID EAST LINE, A DISTANCE OF 70.00 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING SOUTH 89°22'53" EAST, A DISTANCE OF 423.04 FEET TO A POINT; THENCE, BEARING NORTH 45'34'35" EAST, A DISTANCE OF 56.53 FEET TO A POINT; THENCE, BEARING NORTH 00`32'02" EAST, A DISTANCE OF 1198.34 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 16; THENCE, BEARING SOUTH 89°29'34" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 156.00 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 16; THENCE, BEARING SOUTH 00`32'02" WEST, ALONG SAID EAST LINE OF TRACT 16, A DISTANCE OF 1 1308.65 FEET TO THE POINT OF BEGINNING. 0 THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 237,334 SQUARE FEET OR 5.45 ACRES, MORE OR LESS. 8 SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. { m ALSO LESS AND EXCEPT STORMWATER MANAGEMENT FACILITY PARCEL NO. 113 ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 16, Y a SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE d INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE e PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCE FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 6; THENCE, BEARING NORTH 00°32'02" EAST, ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 1338.74 FEET TO A POINT; THENCE, rn LEAVING SAID EAST LINE, BEARING NORTH 89°29'34" WEST, A DISTANCE OF 50.00 FEET TO THE NORTHEAST CORNER OF TRACT 16; THENCE, BEARING NORTH 89°29'34" WEST, ALONG THE NORTH LINE OF SAID TRACT is, A ; DISTANCE OF 156.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 00°32'02" WEST, A DISTANCE OF 430.00 FEET TO A POINT; THENCE, BEARING NORTH z 89°29'34" WEST, A DISTANCE OF 230.00 FEET TO A POINT; THENCE, BEARING NORTH 00°32'02" EAST, A DISTANCE OF 430.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 16; THENCE, BEARING SOUTH 8929'34" EAST, 1 ALONG THE NORTH LINE OF SAID TRACT 16, A DISTANCE OF 230.00 FEET TO THE POINT OF BEGINNING. t t rn THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 98,900 SQUARE FEET OR 2.27 ACRES, MORE OR Lam$ SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITL9. SAID PARCEL CONTAINING 10.87 ACRES, MORE OR LESS. a t 0 This is not a Boundary Survey W 0 AGENCY: INDIAN RIVER COUNTY, FL Z PUSUC WORKS DEPT./ENGINEERING DIV. Sketch and Legal Qescri'on o DATE: DRAWN BY: You. Z 5/26/2020 R. INGLETT Z SCALE: APPROVED BY: 1,NDI 1► N E WE 1 �'1iM I'� T W N/A D. KHMER:. Ill . i x SHEET: JOB N0: 2 OF 3 1505 a Sketch and Lel DescOption INDIA,1 SIT ' N8929'34' 32-39-06-00001-0090-00005.0 INDIAN RIVER COUNTY 50.00' SITE ADDRESS: 7115 66TH AVE N89'29'34"W O.R.B. 2343, PG 842 SOUTH LINE OF TRACT 9 156.00' NORTHN OF TRAC is S89'29'34"E - 230.00' 589'29'34"E' .. FPoint of 156.00' Beginning p NORTHEAST CORNER LESS AND EXCEPT PARCEL (A TRACT 16Al )01 Less and Except N ao f- w Stormwater ""-"""' 30' c Parcel 113 I Z C]L M (2.27 Acres) ar opo fi O p N U) U1 Z O 0 i a N m Q Q z EN ^' O M �I 0 a: I`? n< Ci 0 ^ W 89'29'34"W to ° T a1 M rp "41-4 / m All -.. NDN Cjj m v a ,> 1A 1 A f��7m o _ PBSract 2, PGE 625) o o A -���D G m O 001F, OD 32- 59-00- 1- 0/160-00000 n of M 0 y n 's LJ INDIAN RIVER COUNTY Z J SITE ADDRESS: 66TH AVEy ORAL 3191. PG 2412 Z -0 Rer> der Parcelf.: u+ z m (10.87 Acre Sj RIGHT of WAY MAP m a SECTION 5o r� o �h 8 589'22 53 E — 423.04 P int O f Less and Except Parcel 113 E N00'26'24 Bdginning - 50• 70.00' (5.45 Acres) LESS AND! EXCEPT PARCEL N89'22'53y",W,�- 618.93' L-2 -1 d _ 69th .S "t RIGHT OF WAY LINE { v c SOUTH UNE OF SECTION 6 -a N89 -22 '53-W .E"� _ Canal A--� _" ��' + 8 RIGHT OF WAY U� NE L-1 = N00'32'02"E - 30.07' { L-2 = N8927'58"W - 50.00' Point of Commencemen i LESS AND EXCEPT PARCELS} SOUTHEAST CORNER SECTION 6 PN R / I \ G Legend and Abbreviations C.R. = COUNTY ROAD PBS I.R.F.W.C.D. = INDIAN RIVER FARMS A i� = PLAT BOOK ST. LUCIE =DELTA ANGLE a' Co -( WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET 3 L = LENGTH OF ARC R = RANGE LLC = LIMITED LIABILITY COMPANY RNV = RIGHT-OF-WAY z NOT TO SCALE O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT P.B. = PLAT BOOK PGE = PAGE This is t1Ett Boundary Survey.o AGENCY: �.v INDIAN RIVER Cr HTY! FL a 0 s are. and Desedp n oPum M DA' DRAWN y 3V 2020 R. L . ^ A, Q SCALE: APPROVED BY: N :A d. >R1. I X11 V RIV� i F 3 SH N0: OF 1 d RESOLUTION NO. 2023- A -A RESOLUTION OF THE BOARD OFCOUNTY COMMISSIONERS OF INDIAN RIVER COUNTYs FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR 66TH AVIS RIGHT-OF-WAY. WHEREAS, on December 8, 2011, Indian River Coui*purthased property from U.S. Bank National Association as Trustee for RASC 2006-KS8 Who Acquired Title as U.S. Bank National Association as Trustee, for future road expansion of 66th Avenue; said conveyance was recorded in Book 2543 at Page 856 of the Publlo Records of Indian River County, Florida; and WHEREAS, the intent of the County is to now earmark by a formal document that portion of the property for right-of-way; and WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as EXltibit "A"; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way identified in the attached Exhibit "A" so that the Indian Rhoer County Property Appraiser can earmark the property as right-of-way on the appropriate maps, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit 'A" is hereby formally designated as right-of-way; and i 1 184 RESOLUTION NO. 2023- 2. This resolution shall be recorded in the PubficRew.rdsof 1ndhw RhW County, Florida; and 3. Upon the recordation of Oft Resolution, the Indian Ri Com* Property Appraiser is instructed to cut out the designated ftht-ofway as depicted and described on the attached f xhibit "A" from the parent parcel, and accordingly earmark any maps within the Property Appraiser's Office to reflect this designation. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss 2 RESOLUTION NO. 2023 - The Chairman thereupon declared the resolution duly passed and adopted this day of July, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney Joseph H. Earman, Chairman 3 186 Sketch and Legal Description ` WDIAN MVER COUN Legal Description (Right of Way Acquisitionparcel 1 fit) BEING THE EAST 156.0 FEET OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2543, PAGE $56, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DEPOF AS FOLLOWS: THE NORTH 10 ACRES OF THE EAST 20 ACRES OF TRACT 1, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST; BLESS THE SOUTH 396.00 FEET THEREOF; AND LESS THE Nf1264.00 FEET OF THE WEST 150.00 FEET THEREOF; ALSO LESS CANAL AND ROAD RIGHT OF WAnA=ORDING TOTHE LAST GENERAL PIAT ©F LAWS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 25, OF TW PUSW RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER CO%M, FtORtDA. CONTAINING 37,857 SQUARE FEET (0.87 ACRES), MORE OR LESS Surveyor's Notes 1), This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by the Indian River County Public Works Department - Survey Section, Job No. 1505, Dated May 21, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations C. R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE 4 =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RNV = RIGHT-OF-WAY T = TOWNSHIP I This is not Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR*0. I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND &40 SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 F A THE CODE, PURSUANT .T+OOSECTION 472.027 FLORIDA STATE ST DATE OF SIGNATURE AVID W. 8CFM ER, P.S.M. PROFESSIONAL SUR OR AVD MAPPER FLORIDA CERTIFHCA . 4864 INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPTJENGINEERING DIV. D RAW N BY: b2/2020 It. INGLETT E.. APPROVED BY: NIA D. SCHRYVER OB NO: OF 2 1505 EM181T X . .. 187 Sketch andlegal egal Description err: INDIAN RIVER COUNTY j. NORTHEAST { RIGHT OF WAY LINE — — CORNER Cn0N 7 .. 69th Street �► NORTH LINE OF THE SECTION 7-32-39 AND TRACT Ll E INDIAN RIVER ;FARMS WATER CONTROL DISTRICT Sl$ -LATERAL A-13 Z`Aak I I T: RIGHT OF WAY LINE i � I Indian ;River F+omns tompamy 1 Tri ! i (POS 2. POE 25) < 1 10AN RIVER COUNTY Z I 111E DRESS 68756 AMIE 0) O r 0) 0 a N 37,857 SQ. el- U) 0.87 A KS±j a -2 0 m o ES Q p�NN Zj 0 £ < con < zw t O r ZI a o<ND _ � -a�� 0 "' 1 3Wm t r - �—+ Iw0c; j SOI i <o �TOFF D Z I �' z zm n rn i m 0 Cz J (: N WesT,lw � D� NOT TO SCALE M 32-39-07-00001-0010-00002.0 JOHN JACKSON JR. SITE ADDRESS: 6855 66TH AVE O.R.B. 3294, PG 2060 w SOUTH LINE OF THE NOR'TH1Q A#tES OF TRACT 1 Legend and Abbreviations P B = PLAT BOOK CJt = COUNTY ROAD PGE. = PAGE SOUTH LINE OF THE NOR'TH1Q A#tES OF TRACT 1 Legend and Abbreviations P B = PLAT BOOK CJt = COUNTY ROAD PGE. = PAGE LRP.W..C.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE WATER CONTROL DISTRICT A =DELTA ANGLE L = LENGTH OF ARC SQ. FT. = SQUARE FEET LLC = LIMITED LIABILITY COMPANY R = RANGE O.R.B. = OFFICIAL RECORD BOOK R/ = RIGHT-OF-WAY This is not a Boundary Survey (P) = PLAT T -'TOWNSHIP AGENCY: INDIAN RIVER COUNTY, FL Sketch and Le"i Descripid PU ERING DIV. DATE: DRAWN ErY- Tor. 10/02/2020 R. INAXTT INDIAIIAN ER1. I SCALE: APPROVED BY: N D IRyvrLR i T . 112-076 A #M SHS t 1505 188 A RESOLUTION OF THE BSD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, . FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY'` OWNED PROPERTY FOR 66TH AVENUE RIGHT -OF -44Y, AW DIRECTING THE PROPERTY APPRAISER TO CUT OUT T PROPERTY DESIGNATED AS RIGHT-OF-WAY FROM THE PARENT PEEL. WHEREAS, on dune 9, 2006, Indism River County purchased property from Joseph Clifton Roddenberry, Jr. and Ruby Pearl Roddenberry, for future road expansion of 66th Avenue; said conveyance was recorded in 86dk2044 sd Psge 1166 of the Public Records of Indian River !County, Florida; and WHEREAS, the intent of the County is to now earmark by a formal document that portion of the property fog' right-of-way with the remainder being retained by the County for other purposes until it can be re -sold and put ba*Qn the tax rolls; and WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit 4X-, and WHEREAS, a .sketch and legal desripn have been prepared for remainder property and are attached heroW as E- Mbit *W,, and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way Identified in the attached Exlftlit '`A" so that the Indian River County Property Appraiser can earmark the property as tight -&-way on the appropriate maps, as we1i as cut -out the designated right-of- way from the parent parcel, thus alleviating any potential boundary issues that may 1 189 RESOLUTION NO. 2023 - surface in the future with respect to the re -selling of the remainder property identified in the attached Extutdt "B", NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit "A," is hereby formally designated as -tight -of -way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County Property Appraiser is instructed to out out the designated right-of-way as depicted and described on the attached Exhibit "A" fry the parent parcel, and accordingly earmark any, maps within the Property Appraiser's Office to reflect this designation. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph K. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss 2 190 RESOLUTION NO. 2023 - The Chairman thereupon declared the resolution duly passed and adopted this day of June, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney 3 Joseph H. Earman, Chairman 191 J et and L ega/ A, soliotione)brINMW NM7 COUWY Legal Description (Right of Way Acquisition) BEING THE EAST 156.0 FEET OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2044, PAGE 1166, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 110 FEET OF THE EAST 10 ACRES OF TRACT 9. SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, AT PAGES(s) 25, OF THE.PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 30 FEET, THE EAST 50 FEET AND THE WEST 40.00 FEET. CONTAINING 12,480 SQUARE FEET (0.29 ACRES), MORE OR LESS Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by the Indian River County Public Works Department - Survey Section, Job No. 1505, Dated May 21, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seat_ Legend and Abbreviations C. R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RNV = RIGHT-OF-WAY T =TOWNSHIP This is not a Boundary Survey AGENCY: IND/AN MYER 00b PURL/C WORKS DEPT/ENG/N r1 ATC% rnMA%Aikl nv. Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLOJR,IDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STT TES. , DATE OF SIGNATURE��`15—AV`D-—SCHRTVE PROFESSIONAL SURVEYOR D MAPPER y FLORIDA CERTIFICATE NO. 4864 `TY, FL rR/NG D/Y. Mch and L" 5Ctiptio' 7116/19 ..,. R. /NGLETT Tor.. APPROVED BY: A DI A N p IV . IC�'"'� "' "�/� • N/A D. SCHRYVER 1>i'11 V Il�! C� ewe` ! i OB N0: Y OF 2 1505. I �W A - RIGHT OF WAY LINE 73rd Street SOUTH LINE NORTHEAST 1L4 6-32-39 AND SOUTH LINE TRACT 8 NORTH LINE SOUTHEAST 1/4 6-32-39 AND NORTH LINE iTRACT 9 CANAL A-14 RIGHT OF WAY LINE 1 32-39-06-00001-0090-00002.0 INDIAN RIVER COUNTY { p ,ysN SITE ADDRESS: 7295 66TH AVE �Q Ce! .f r4- 60"a O.R.B. 2044, PG 1166 . =r 12.480 SQ. g og 0.29 ACRES# D f/1 N Z I OO .. _. N 32-39-06-00001-0090-00001.1 Zm' AUDESTINE & JACHYE HUDSON p SITE ADDRESS: 7255 66TH AVE � O.R.B. 1076, PG 890 m 1 c0 m_ Z G wo W W W 777 Z0 J Q r !. Q F.D.O.T. RIGHT OF WAY UNE PER W RIGHT OF WAY MAP SECTION 88530-2250 w Legend and Abbreviations C.R. = COUNTY ROAD FUS = PLAr BOOK ST.aLrl NOT TO SCALE I.R.F.W.C.D. = INDIAN RIVER FARMS A =DELrA ANGLE WATER CONTROL DISTRICT 1jil t.= SQUARE FEET L = LENGTH OF ARC R = RANGE LLC = LIMITED LIABILITY COMPANY = RIGHT-OF-WAY O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT P.B. = PLAT BOOK PGE = PAGE This is not a Boundary Survey AGENCY: AVIAN RIWR C+ 7); F pusuc irrs` t ►r.1zwv: Aw mv.. SM" and L tl. D p n DATE. 1s/9 D8Y: ,NETT fw. AP'P; SCALE: ( M N RlV 1::. !. A.SCHRME SHE OB N0: (PARCEL 2 OF 2 1505 j I Sketch and Legal Description ftp: INDIAN RIVER COUNTY.' ' M*�,R1PT1►A1 (O:i#.I. 2044, PAGE 1166) THE NORTH 110 FEET OF THE EAST 110 ACRES OF TRACT 9, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OPTHE. INDIAN RIVER FARMS COMPANY SUBDIVISION, A RECORDED IN PLAT BOOK 2, AT PAGES(s) 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA: SAIF LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. i LESS AND EXCEPT THE NORTH 30 FEET, THE EAST 50 FEET AND THE WEST 40.00 FEET. ALSO LESS AND EXCEPT: THE EAST 156.0 FEET THEREOF. CONTAINING 10,357 SQUARE FEET (0.24 ACRES), MORE OR LESS i i i Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by the Indian River County Public Works Department - Survey Section, Job No. 1505, Dated May 21, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets, with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. tW Abbreviations . _ = COUNTY ROAD IFW.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE " SQ. FT. - SQUARE FEET R = RANGE RNV - RIGHT-OF-WAY T =TOWNSHIP Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST.QF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE S!AQID DATE OF SIGN7= W. SCHRN4R, P.S.M. PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 4864 AULNGT: INDIAN RIVER fiOMY, FL PUBLIC WORKS DEPT. ENG Y. Sketchd `' DA PRAWN BY: fo'::. 06/09/2020: R. ING1,V"I' SCALE: APPROVED BY: INDIAN: RlVP COUNTY N/A 0, SCHRYM SH E & JOB NO .::(72% 66M i n ) 194 ~ ISIT 0 Sketch and Legal Description for: INDIAN RIVER COUNTY RIGHT OF WAY LINE 73rd Street SOUTH UNIZ-N 4 - - INE TRA_QT NORTH LINE SOUTHEAST 1/4 6-32-39 AND (NORTH LINE TRACT 9 / INDIAN RIVER FARMS WATER CONTROL DISTRICT; SUB -LATERAL CANAL A-14 a 10 Cn w w Z JV Q U) O V) rn a w is not a )A i t' 06/09 N NOT TO SCALE 52-39-06-00001-0090-00001. AUDESTINE do JACHYE HUDSON 97E ADDRESS: 7255 66TH AVE O.R.B. 1076, PG 890 50' 50' L r 1/4 CORNER 6-32-39 Legend and Abbreviations Rlvn 1 yr nr� i urvc OD2.0 i2-�D ��/iiUNTY 1 A =DELTA ANGLE 0 v INDIAN RIVER SQ. FT. = SQUARE FEET r Z :3 97E ADDRESS: 7295 66TH AVE 1 LESS THE EAST 156.00' O.R.B. 2044, PG 1166 = OFFICIAL RECORD BOOK T = TOWNSHIP (P) o ? i- = PLAT BOOK 10,357 SQ. FT./ D Parcel 155 co j m ( CD 3 D Zv 1 (A O ca N NOT TO SCALE 52-39-06-00001-0090-00001. AUDESTINE do JACHYE HUDSON 97E ADDRESS: 7255 66TH AVE O.R.B. 1076, PG 890 50' 50' L r 1/4 CORNER 6-32-39 INDIAN RIVER COUNTY, FL OF 2 R. INGLETT 1505 DIV. Sketch and Legal Description for: :R INDIAN RIVER COUNTY (7295 66th Avenue) 195 Legend and Abbreviations D 0. b I.R.F.W.C.D. = INDIAN RIVER FARMS A =DELTA ANGLE 0 v WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET r Z :3 R = RANGE 0) m O qtm m = OFFICIAL RECORD BOOK T = TOWNSHIP (P) o ? i- = PLAT BOOK D rn 0-n co j m ( CD 3 D Zv C (A O ca (D D i 0) r rn n N 0 it I to � :3 0 -< 0 0 r — � m m r+ -� 0 50. so' INDIAN RIVER COUNTY, FL OF 2 R. INGLETT 1505 DIV. Sketch and Legal Description for: :R INDIAN RIVER COUNTY (7295 66th Avenue) 195 Legend and Abbreviations C.R. = COUNTY ROAD PBS = PLAT BOOK ST. LUCIE I.R.F.W.C.D. = INDIAN RIVER FARMS A =DELTA ANGLE WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET L = LENGTH OF ARC R = RANGE LLC = LIMITED LIABILITY COMPANY RNV = RIGHT-OF-WAY O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT P.B. = PLAT BOOK PGE =PAGE INDIAN RIVER COUNTY, FL OF 2 R. INGLETT 1505 DIV. Sketch and Legal Description for: :R INDIAN RIVER COUNTY (7295 66th Avenue) 195 RESOLUTION, NO. 2023-. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY PDR 66TH AVENUE RIGHT-OF-WAY, AND DIRECTING THE PROPERTY APPRAISER TO CUT OUT T1l"1E PROPERTY DESIGNATED AS RIGHT-OF-WAY FROM THe PARENT PARCEL. WHEREAS, on September 8, 2014, radian River Ccs purchased property from Brian R. Hood a/k/a Brian Hood, for future road expansion of 66th Avenue; said conveyance was recorded in Book 2787 at Page 1863 of the Public Records of Indian River County, Florida; and WHEREAS, the intent of the County is to now earmark by a formal document that portion of the property for right-of-way with the remainder being retained by the County for other purposes until it can be re -sold and wroack on the tax rolls; and WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit "A"; and WHEREAS, a sketch and legal description have been prepared for the remainder property and are attached hereto as Exhibit "B"; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way identified in the attached Exhibit "A" so that the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps, as well as cut out the designated right-of- way from the parent parcel, thus alleviating any potential boundary issues that may 1 196 RESOLUTION .2023 - surface In the future with respect to the re -selling of the remainder pvpwty identified in the attached Exhibit "B", NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted < an the attached Exhibit 'A" is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian .,River County Property Appraiser is instructed to cut out the designated right-of-way as depicted and described on the attached Exhibit "A" fns the paWft parcel, and accordingly earmark any maps vvlthtn ft Prop Appraiser's Office to reflect this designation. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, n being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Corrtmissioner Laura Moss 197 RESOLUTION NO. 2023- The Chairman thereupon declared the resolution duly passed and adopted this day of My, 2023. BOARD OF COUNTY COMWW sNERS INDIAN RIS 0", FL H. Erman, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By. Dybn ftieftoid Cotter Attamey Sketch and L egrafl?es f, , l,L?1A/VR/VER . Legal Description (Right of Way Acquisition) BEING A PARCEL OF LAND LYING IN SECTION 31 TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2787, PAGE 1863, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 31; THENCE NORTH 00°32'54" EAST, ALONG THE EAST LINE OF THE NORTHEAST ONE QUARTER OF SAID SECTION 31, A DISTAME OF 25.00 FEET; THENCE DEPARTING SAID EAST LINE', NORTH 89°50'36" WEST, A DISTANCE OF 30.00 FEET TO THE POINT INTERSECTION WITH THE WESTERLY RIGHT OF WAY 66th AVENUE AND THE NORTH RIGHT OF WAY OF 77th STREET (HOBART ROAD), SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL. THENCE CONTINUE NORTH 89°50'36" WEST, ALONG SAID NORTH RIGHT OF WAY LINE (SAID LINE BEING 25.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 31) A DISTANCE OF 102.26 FEET TO A POINT IN A NON -TANGENT CURVE, CONCAVE TO THE EAST, FROM WHICH THE CHORD BEARS NORTH 03°17'59" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 07°41'47", A DISTANCE OF 413.72 FEET; THENCE NORTH 00°32'54" EAST (ALONG A LINE THAT IS 160.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 31) A DISTANCE OF 229.26 FEET TO THE NORTH LINE OF OFFICIAL RECORD BOOK 2787, PAGE 1863; THENCE SOUTH 89°50'36" EAST, ALONG SAID NORTH LINE A DISTANCE OF 130.00 FEET TO THE WEST RIGHT OF WAY LINE OF 66th AVENUE; THENCE SOUTH 00°32'54" WEST, ALONG SAID WEST RIGHT OF WAY LINE (SAID LINE BEING 30.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 31) A DISTANCE OF 641.92 FEET TO THE POINT OF BEGINNING. CONTAINING 79,640 SQUARE FEET (1.83 ACRES), MORE OR LESS Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by the Indian River County Public Works Department - Survey Section, Job No. 1505, Dated May 21, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. 3). Bearings shown hereon are referenced to the East line of the Southeast One Quarter of Section 31, Township 31 South, Range 31 East. Said line bears North 00°32'54" East, and all others are relative thereto. Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R_B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE R(W = RIGHT-OF-WAY T = TOWNSHIP This is not a Boundary AGENCY: /A(MAN PURL /C WORKS DATE: 7/16/19 SCALE: N/A SHEET: 1 OF 2 ('.artifinatinn (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLOE !DA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE ST TF1S. DATE OF SIGNATURE DAVID W. SC Y,,tlER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 4864 RIDER WIUN)% FL DEPT./ENG/NEER/NG D/V D RAW N BY: R. /NGLETT M 1505 EXHIBITJul:::: ::: i INDIAN RIVER COUNTY 32-39- 31 - DOOOG- 7000- D001 1.0 SITE ADDRESS. 7715 66th AVENUE O.R.B. 2787, PG 1863 NOT TO SCAT r£ RIGHT OF Sm g �th fR 4 E/nol I'1 r r Z rZi NORTR 1/4 6-3Z-0Nf AND NORTH UNE IWCT 9 S I -� DOMt1 Of Commencement Begirt SOUTHEAST CORNER SECTION 31, i TOIMNSHIP 31 SOUTH, PL WA RANGE 39 EAST . Tr _ Legend and Abbreviations C.R. = COUNTY ROAD LLC = LIMITED LIABILITY COMPANY PGE = PAGE I.R.F.W.C.D.= INDIAN RIVER FARMS O.R.B. = OFFICIAL RECORD BOOK PBS = PLAT BOOK ST. WATER CONTROL DISTRICT(P) = PLAT A = DELTA ANGLE A L = LENGTH OF ARC P.B. = PLAT BOOK SO. FT. = SQUARE FEET R =RANGE R/W = RIGHT-OF-WAY This IS not a Boundary Survey T = TOWNSHIP NVIAN /P!V£R COUNT}; L�£PT./ENG/NEER/NG Skefth and: t DATE: DRAWN BY: 7116/19 R. /NGLETT SCALE: APPROVED BY: N/A 0.SCHRMER INDI'AN.RgIVE"K. SHEET: 2 OF 2 OB N0: 1505' :. - t ketch and Legal'Description Ibc INDIAN -RV5R, COUNT' , Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A RIGHT OF WAY FOR 66TH AVENUE, PREPARED BY KIMLEY-HORN & ASSOC., JOB NO. 1505, DATED JULY 24, 2017. TOGETHER WITH THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE (NOW INDIAN RIVER COUNTY), FLORIDA. 2).THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 3 SHEETS, WITH SHEET 3 SHOWING THE SKETCH OF THE DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE NOT VALID UNLESS SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 3). BEARINGS SHOWN HEREON ARE REFERENCED TO THE EAST LINE OF THE SOUTHEAST ONE QUARTER OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 31 EAST. SAID LINE BEARS NORTH 00°32'54" EAST, AND ALL OTHERS ARE RELATIVE THERETO. i I { Legend and Abbreviations I, ..... C.R. = COUNTY ROAD i.RFWCD. = INDIAN RIVER FARMS WATER CONTROL DISTRICT Certification L =LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL O.R.B. = OFFICIAL RECORD BOOK RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) (P) -PLAT P.B. = PLAT BOOK I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY = PAGE SHOWN AND DPGE ESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND PBS =PLAT BOOK ST. LUCIE BELIEF. A =DELTA ANGLE SQ. FT. = SQUARE FEET I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF R = RANGE PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA,RROFESSIONAL BOARD OF RNV = RIGHT-OF-WAY SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FISqRIQA AD -I 1 TRATIVE CODE, T = TOWNSHIP Pr IRRI iANT To cFr`Tinti 472.027 FLORIDA STATE STA UT DATE OF SIGNATURE DAVID W. H YVER PROFESSIONAL SURVE OR AND MAPPER This is not a Boundary Survey FLORIDA CERTIFICATE NO. 4864 AGENCY: NO/AN RIMER COUNTY, FL PUNIC WORKS DEPT./ENG/NEER/NG A91Y.. DATE: DRAWN DRAWN BY: 0610112020 1 R /NGLETT [7A—LE: APPROVED BY: N/A A SGHRry" 1ar J_FOB NO: 1505 E#RIT A.:... Sketch and Legal Descdpdon 11br. INDIAN RI R COUNTY Legal Description A PARCEL OF LAND SITUATED AND LYING IN PART OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND BEING DESCRIBED AS: THE SOUTH 666.91 FEET OF THE EAST 437.15 FEET OF THE SOUTH 55 ACRES OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS AND EXCEPT THE EAST 238.71 FEET OF THE NORTH 208.71 FEET OF THE SOUTH 283.71 FEET THEREOF, LESS AND EXCEPT THE EAST 30.00 FEET AND THE SOUTH 25.00 FEET FOR ROAD RIGHT OF WAY, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. I THE EAST 238.71 FEET OF THE NORTH 208.71 FEET OF THE SOUTH 283.71 FEET OF THAT CERTAIN PARCEL DESCRIBED AS THE EAST 437.15 FEET OF THE SOUTH 896.85 FEET OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS AND EXCEPT THE EAST 30 FEET, SAID PARCEL BEING PART OF THE EAST 45 ACRES OF THE SOUTH 55 ACRES OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS AND EXCEPT THE WEST 36 ACRES, ALL LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA. LESS AND EXCEPT THE FOLLOWING (PARCEL 125): BEING A PARCEL OF LAND LYING IN SECTION 31 TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2787, PAGE 1863, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 31; THENCE NORTH 00°32'54" EAST, ALONG THE EAST LINE OF THE NORTHEAST ONE QUARTER OF SAID SECTION 31, A DISTANCE OF 25.00 FEET; THENCE DEPARTING SAID EAST LINE, NORTH 89°50'36" WEST, A DISTANCE OF 30.00 FEET TO THE POINT INTERSECTION WITH THE WESTERLY RIGHT OF WAY 66th AVENUE AND THE NORTH RIGHT OF WAY OF 77th STREET (HOBART ROAD), SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL. THENCE CONTINUE NORTH 89"50'36" WEST, ALONG SAID NORTH RIGHT OF WAY LINE (SAID LINE BEING 25.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 31) A DISTANCE OF 102.26 FEET TO A POINT IN A NON -TANGENT CURVE, CONCAVE TO THE EAST, FROM WHICH THE CHORD BEARS NORTH 03"17'59" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 07°41'47", A DISTANCE OF 413.72 FEET; THENCE NORTH 00°32'54" EAST (ALONG A LINE THAT IS 160.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 31) A DISTANCE OF 229.26 FEET TO THE NORTH LINE OF OFFICIAL RECORD BOOK 2787, PAGE 1863; THENCE SOUTH 89°50'36" EAST, ALONG SAID NORTH LINE A DISTANCE OF 130.00 FEET TO THE WEST RIGHT OF WAY LINE OF 66th AVENUE; THENCE SOUTH 00°32'54" WEST. ALONG SAID WEST RIGHT OF WAY LINE (SAID LINE BEING 30.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 31) A DISTANCE OF 641.92 FEET TO THE POINT OF BEGINNING. CONTAINING 79,640 SQUARE FEET (1.83 ACRES), MORE OR LESS This is not a Boundary Survey AGENCY: IND/AN RIVER MINTrs FL PURL/C WORKS DEPT./ENG/NEER/No ON. 103.11r.tch and Legal: DescAlptim DATE: 0610112020 DRAWN BY: for: R. /NGLETT SCALE:RIVER N/A APPROVED "JD D.SCHRY{/ER IIA V LINTY . SHEET: JOB N0: 2 OF 3 1505 non w w �► 89'50'36"W-30.00' 102.36' -I' NOo 32'st"RIF of SOUTH LINE SOUTHEAST 1 4 31-31. AND SOUTH UN NORTH UNE NORTHEAST 1/4 6-32-NIOM NORTH UNE TRACT. Poin s omm�eU�en tS Beginn'"- LESS AND EXCEPT PARCEL 125 LESS AND EXCEPT PARCEL 125 1HEAST CORNER SECTION 31, TRK,7iT OF MAY LJW 31 SOUTH,RANGE 39 EA: -- __ .� PGE = PAGE C.R. = COUNTY ROAD L, €hand AbIN@Wt[8�" PSS =PLAT BOOK ST. LUCIA, d = DELTA ANGLE IR.F.W.C.D.= INDIAN RIVER FARMS LLC � LIIAITEIi UABUaT1 6f1�APANY SQ. FT. =SQUARE FEET WATER CONTROL DISTRICT O.RB. _ OFMM RECM BOOK R = RANGE ; L = LENGTH OF ARC � = PLAT R/W = RIGHT-OF-WAY This is not a Boundary Survey FiA = PLATSIUM.. AGENCY:;. /ND/AN RIVER' PUBLIC WORKS DEPT./ENS/NEERIN9 MY, SWCh andle9w.06SCription DATE: 0610112020 DRAWN BY: lid �vC�.£T SCALE:N/A APPROVED ID RlVE�UN DM. .SCHR -AN. SHEET:OB N0: 3 OF 3 1505 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 29, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Purchase of Trucks for Parks Division BACKGROUND: On June 20, 2023, the Board approved a Budget Amendment, which included two replacement vehicles for the Parks Division, at a total allocation of $84532• This amount was based on quotes received from Mike Maroone Chevrolet ("Maroone") in West Palm Beach, the only dealership staff had been able to locate with available inventory. 0,40 On Tuesday, June 27, 2023, Maroone reached out to staff and indicated the trucks were still available, and would be held for us, if payment was made by the end of June. Maroone does not have any municipal agreements in place that could be used to facilitate the purchase. Staff continues to be unable to find any available inventory from dealerships with State or other cooperative contracts. In order to fill this need, and as all agencies throughout the state continue to struggle with vehicle and other product availability, the County Administrator authorized the purchase of the trucks from Maroone. With the Administrator's support and coordination among the Parks and Purchasing Divisions, and Budget and Finance Departments, a Purchase Order was issued and a check printed and delivered to Maroone in time. The vehicles are expected to be delivered the week of July 3, 2023. The purchase of the vehicles without bid, or utilization of a piggyback or other cooperative contract, requires ratification by the Board, as the total cost of the two trucks is $84,532, exceeding the County Administrator's $75,000 authority, as established in Section 105.01, Indian River County Code. 204 FUNDING Funds, in the amount of $84532 were expended from the General Fund, Parks Division, Automotive Expense Account, # 00121072-o66420, on Purchase Order 96500. Account I Name Amount 00121072-o66420 I General Parks Automotive 1 $84,532 RECOMMENDATION: Staff recommends the Board authorize the waiver of the requirement for bids for trucks from Mike Maroone Chevrolet, made on its behalf by the County Administrator. 205 f CONSENT AGENDA INDIAN RIVER COUN'T'Y OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 30, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John Titkanich, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Authorization to Purchase Replacement Rescue Unit BACKGROUND: The Fire Rescue Division's ("Division") fleet of rescue vehicles consists of 20 units, with one primarily assigned to each of the 14 stations, four spares, and two units that are inoperable. The oldest unit is a 2014, and the newest ones were received in July of 2021. Pending orders for replacement units are shown below. PO# Date Ordered Quantity Price Per Unit 85971 3/19/2020 2 $347,946 92269 11/18/2021 3 $349,998 95349 12/15/2022 1 $423,000 95693 12/2/2023 2 $5o6,049 These pending purchases were authorized under a Florida Sheriff's Association contract, and ordered through ETR, the dealer awarded that contract. The last two units were approved by the Board as an advance purchase of items in the 2023/2024 CIP on January 17, 2023. DISCUSSION: Before the pandemic, lead times for new ambulances ranged from 90-12o days (from order to delivery). At this time, the wait is now 24 months and longer. As indicated in the table above, we ordered two units three years ago, and still have no information regarding the status of the chassis or the buildout. Ambulance chassis are supplied by Ford (approximately 8o%), GM, Chrysler, Daimler Trucks and Navistar. The demand for ambulances has increased approximately 40%, but ambulance manufacturers are not receiving a supply of chassis from the manufacturers to match that increase. 206 CONSENT AGENDA Chassis manufactures have now set allocations for municipalities, restricting the number of ambulances that can be ordered at a time. Indian River County's annual allocation for ambulance chassis from Ford is two. The Division was approached by South Florida Emergency Vehicles ("SFEV"), who supplies our Sutphen Fire Engines under a Florida Sheriffs Association contract, with an offer to purchase a rescue on the same Ford Chassis. This would not count against the County's chassis allotment limit from Ford. SFEV was able to obtain two additional 2023 F550 XLT 4x4 chassis from Ford for utilization as demos for sales, which they are outfitting to match the County's rescue unit specifications. Their quoted price for one unit is $428,852• SFEV does not have a cooperative or other municipal contract to sell rescue units, and competitive procurement would only delay the delivery, and increase the price of, a new unit; therefore, the Board would need to waive the requirement for bids for this purchase. This method of procurement is most appropriate, as it offers the ability to put the new unit in place much more quickly, and at a lower cost. While this is not the only dealer that can offer to sell us an ambulance with the same chassis and buildout as our existing fleet, this is the only dealer able to deliver a unit within two years of order, making them the sole vendor currently capable of meeting our urgent need for a replacement unit. With the chassis on hand, and the customizer, PL Custom Classic, able to add the chassis to its production schedule, staff estimates at least a year time savings in the arrival of the new unit, as compared to our current dealer, will be achieved. SFEV is anticipating a 16 -month period between receipt of a Purchase Order, and final delivery. The current quote, which expires on July 13, 2023, is available for review in the Purchasing Division. FUNDING• Funding for the unit, in the amount of $428,852, is available in the ARP Fund/Fire Services/Other Machinery & Equipment account, number 13812022-o66490. ARPA funding is appropriate, as there has been an unprecedented increase in emergency services call volume, attributed initially to COVID-related calls for service, but continuing due to the influx of new residents to the County since the pandemic. Account Description FAccount Number Amount ARP Fund Fire Services Other Machinery & Equipment 1 812022-o66 90 $ 28,852 RECOMMENDATION: Staff recommends the Board authorize the Purchasing Division to issue a Purchase Order to South Florida Emergency Vehicles for the purchase of the rescue unit. 207 SOUTH FLORIDA EMERGENCY VEHICLES Chief Sean Gibbons Indian River County Fire Rescue 422543 d Avenue Vero Beach, FL 32967 Driven to be the best DATE 6/13/2023 Thank you for considering South Florida Emergency Vehicles and PL Custom Emergency Vehicles as your next rescue provider. We are pleased to provide the following proposal. QUANTITY PRODUCT DESCRIPTION PRICE 1 PL Custom Classic Type I Ambulance built on a 2023 Ford F550 XLT 4x4 Regular Cab Diesel $428,852.00** chassis w 176"L Module 75" Headroom - per attached specifications and drawings • Price includes SFEV install of customer supplied Stryker Powerload cot system • Price includes SFEV supply and install department graphics/Chevron Price includes SFEV install two (2) ea customer supplied radios & antennas Price includes SFEV install of customer supplied Knox Med Vault — pre -wired at factory — esignated compartment - right front middle cabinet next to MediKool ehicle Delivery to customer: 16 mos. after receipt of Purchase order from customer. Ford F550 Chassis is in stock. *Pricing is valid for 30 days TOTAL CURRENT PRICE $428,852.00** *ur& , e)UA kL Kevin Burke Ambulance / SFEV Brush Truck Sales kburke@sflev.com 208 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr. County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Sector 3, Hurricanes Ian and Nicole Pre -Construction and Engineering Services, APTIM, Work Order No. 2018006-15 DATE: June 21, 2023 DESCRIPTION AND CONDITIONS On January 9, 2018, the Board of County Commissioners (BCC) approved a contract with Aptim Environmental & Infrastructure, Inc. (APTIM) for professional coastal engineering and biological support services related to the management and nourishment of the Sector 3 (Wabasso Beach) Beach and Dune Nourishment Project. The Sector 3 project area is a critically eroded 6.6 -mile section of engineered shoreline that extends from the Seaview Subdivision south to the Turtle Trail beach park. Beach and dune nourishment repair activities have historically taken place throughout Sector 3 to repair storm related sand losses as well as to address background erosion, with the most recent placement activity completing in February of 2022. The Sector 3 coastline suffered significant storm related losses to the beach and dune system from the impacts of Hurricane Ian on September 28, 2022, followed closely by Hurricane Nicole on November 10, 2022. The impacts of these storms lasted well beyond the initial day of the storm, with the increased wave activity and high surf created by the Hurricanes in the Atlantic Ocean further contributing to beach and dune erosion throughout Sector 3 beaches for several days resulting in extensive areas in Sector 3 experiencing significant dune retreat and beach berm lowering, creating the need for repair. Staff, along with the County's Coastal Engineering consultant, Aptim Environmental and Infrastructure, LLC (APTIM) have been working with representatives from the Federal Emergency Management Agency (FEMA), the Florida Department of Environmental Protection (FDEP), the US Army Corps of Engineers (USACOE) and others in quantitating the impacts from the 2022 Hurricane season in attempts to secure funding assistance for future beach and dune repair efforts. As a result of these efforts, the FDEP released the Hurricanes Ian and Nicole Recovery Plan for Florida's Beach and Dune System (December 2022), in which Sector 3 was called out to receive both FEMA Category G federal assistance as well as State of Florida legislatively allocated funding. As of the time of authoring this agenda item, the FEMA Project Worksheet for Sector 3 has not been issued, but the County has received a grant award for Sector 3 in the amount $1,288,727.40 under FDEP Grant 231R2, and anticipates receiving an additional $1,368,072.60 from the FDEP underthe recently approved Senate Bill 2500 budget package. The proposed Work Order No. 2018006-15 from APTIM includes five (5) separate tasks pertaining to pre - 209 Sector 3 Hurricanes Ian and Nicole Repairs July 11, 2023 BCC Meeting construction services to address Hurricanes Ian and Nicole's impacts to Sector 3. Task one (1) covers coordination efforts with the regulatory agencies in orderto incorporate any post -storm stipulations into a repair design. Task 1 is to be billed at a lump sum cost of $6,830.00. Task two (2) is for a design update to determine the required volume of sand within the project area based on summer 2023 routine semi- annual beach surveys provided by the County and any information obtained from the Agency Coordination task. Task 2 is a lump sum cost of $13,540.00. Task three (3) covers bid development, solicitation and awarding assistance at a cost of $14,811.30. Task four (4) covers pre -construction submittals and meetings for $6,463.30. Task five (5) covers late season sea turtle monitoring for $46,688.35. Work Order No. 2018006-15 for pre -construction and engineering services associated with the Sector 3 repair efforts is for a lump sum amount of $88,332.95. FUNDING Partial funding for the Sector 3 Hurricanes Ian and Nicole Repair project is anticipated to be made available through FEMA funding. Additionally, the FDEP Local Governmental Funding Requests (LGFR) reimbursement grant 231R2 has been made available for this project in the amount of $1,288,727.40 with additional grant funds in the amount of $1,368,072.60 expected at a later disbursement of legislatively approved funding. Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue. Funding for the pre -construction bid and monitoring services, funds in the amount of $19,433.25, will come from the Beach Restoration/CIP/Hurricane Ian—Sector 3 account, number 12814472-066514-22601, which is 22% of the total cost of $88,332.95. The remaining 78%, or $68,899.70, will come from the Beach Restoration/CIP/Storm Nicole — Sector 3 account, number 12814472-066514-23007. Account Name IAccount No. I Split Amount Beach Restoration/CIP/Hurricane Ian — Sector 3 12814472-066514-22601 22% $19,433.25 Beach Restoratio n/CIP/Storm Nicole 12814472-066514-23007 78% $68,899.70 Total $88,332.95 RECOMMENDATION Staff recommends the BCC authorize Work Order No. 2018006-15 in the total lump sum amount of $88,332.95. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018006-15. ATTACHEMENT APTIM Work Order No. 2018006-15 Work Order No. 2018006-15 execution agreement APPROVED AGENDA ITEM FOR: JULY 11. 2023 210 APTIM June 28, 2023 Mr. Eric Charest Indian River County Public Works - Coastal Division 1801 27th St, Building A Vero Beach, FL 32960 Subject: Indian River County, FL Sector 3 — 2018006 — Work Order #15 Pre -construction and Engineering Services Dear Eric: Aptim Environmental & Infrastructure, LLC 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County (the County) in support of the Sector 3 Beach and Dune Restoration Project. The scope of work described herein is to support the County in preforming preconstruction services for the commencement of a Sector 3 post -Hurricanes Ian and Nicole rehabilitation project including agency coordination, design updates, development of plans and specifications, bidding assistance, and late season sea turtle monitoring. The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee proposal were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated January 9, 2018, to provide engineering and biological support services in support of the Sector 3 (Wabasso Beach) Beach and Dune Restoration Project (RFQ#2018006). Task 1: Agency Coordination APTIM will coordinate with the permitting agencies to set-up a pre -design call to incorporate any stipulations into the post -storm repair design. APTIM will also include any requirements into project documents from these discussions. Subsequent calls may occur throughout the design process to ensure agency buy -in for the proposed repair project Deliverable APTIM will update the design based upon discussions with the regulatory agencies. APTIM will prepare for and lead a web -based teleconference meeting regarding any questions or comments from the permitting agencies. APTIM will provide the meeting minutes to all participants. Schedule APTIM will coordinate the call immediately upon receiving a notice to proceed from the County. Cost The lump sum cost for this task is $6,830.00. 211 ,>, APTIM Task 2: Design Update June 28, 2023 Page 2 of 5 Using the summer of 2023 survey, APTIM will overlay the permit template on the updated survey data and calculate the required fill volume. Profiles will be analyzed at each R -monument to determine a no - net impact bid volume and adjustments to the template will be made, if warranted. APTIM will discuss the updated fill volume with the County and revise the construction template to meet the County's budget and align with the permit conditions. Deliverable Updated cross-sections will be provided to the County for the Sector 3 project area. Schedule APTIM will provide the preliminary design within 14 days and final deliverable within 30 calendar days, including revisions, of receipt of the Sector 3 Beach and Dune Restoration Project survey data. It is assumed that the survey data provided by the County has been processed and is considered final. Cost The lump sum cost for this task is $13,540.00. Task 3: Bid Development, Solicitation, and Awarding APTIM will develop construction plans and technical specifications that will provide the necessary details to the County's Contractor to construct the project, establish payment criteria, and define the permit conditions. In conjunction with the construction plans and specifications, front-end documents are developed to assist bid solicitation and award. These documents outline contractual obligations and define the responsible parties and their roles. It is assumed that the County will provide their front-end documents for inclusion into the bid package as in past projects. APTIM will assist the County with the solicitation and award of the project. Deliverable APTIM will provide the County an electronic version of the draft plans and specifications for the County's review and comments. Once finalized, we will submit an electronic copy of the construction plans and technical specifications to the County. Schedule The schedule of task specific deliverables is provided in the Scope of Work for this task. An overall fixed schedule cannot be developed as it is unclear when the pre-bid meeting will be held and when technical questions will be received. APTIM will attempt to execute each phase of the work in as expeditious a manner as possible. Cost The lump sum cost for this task is $14,811.30 212 APTIM June 28, 2023 Page 3 of 5 Task 4: Pre -Construction Meetings and Submittals APTIM will prepare for, attend, and lead a pre -construction meeting with the permitting agencies and the County's Contractor at the County's offices. Following the meeting with the agencies, the County, APTIM and the Contractor will meet to discuss other aspects of the project. APTIM will take notes from the meetings and distribute meeting minutes. APTIM will prepare the required pre -construction submittals to the FDEP in order to commence the project, which may include Plans and Specifications; Turbidity Monitoring Qualifications; and Biological Monitoring Qualifications; and Sea Turtle Nesting Plan. APTIM will upload the submittal to FDEP's JCP Compliance file transfer site. Deliverable APTIM will provide meeting minutes from the pre -construction meeting. APTIM will also send the Commencement Notification letters to the required permitting agencies after corresponding with the Contractor regarding their schedule to begin construction. Schedule The schedule of task specific deliverables is provided in the Scope of Work for this task. An overall fixed schedule cannot be developed as the Contractor's schedule is unknown. APTIM will attempt to execute each phase of the work in as expeditious a manner as possible. Cost The lump sum cost for this task is $6,463.30. Task 5: Late Season Sea Turtle Monitoring APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. EAI has provided the enclosed proposal and cost breakdown for sea turtle and shorebird monitoring tasks, which states: Construction -phase sea turtle monitoring and ancillary professional services in support of the Sector 3 Beach and Dune Nourishment project. This scope of work was developed based on conditions and requirements set forth in standard regulatory permits and the following documents: • Florida Department of Environmental Protection (FDEP) Joint Coastal Permit (JCP) No. 0285993 -009 -JC • U.S. Fish and Wildlife Service (USFWS) Revised Statewide Programmatic Biological Opinion (BO) dated March 13, 2015 The following tasks may be performed under this work order include: • Task 1: Project Management • Task 2: Late season nest relocations • Task 3: Late season nest monitoring surveys • Task 4: FDEP permit required sea turtle monitoring Excel spreadsheet Cost The lump sum cost for this task is $46,688.35. 213 A,,,,APTIM Summary June 28, 2023 Page 4 of 5 The total lump sum cost to perform the proposed work described herein for — Work Order #15 is $88,332.95. Please refer to Exhibit 1, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed work order from Indian River County (unless stated otherwise in the schedule). It is noted that some aspects of this Work Order are dependent upon Contractor performance and are outside the control of APTIM and the County. As such, the scope, schedule and cost described herein is provided as an estimate. APTIM will strive to execute each phase of the work within budget and in as expeditious a manner according to construction progress. We will coordinate with the County in the event that the scope, schedule, or budget arise due to unforeseen issues or circumstances. Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. Sincerely, Nicole S. Sharp, P.E. Coastal Market Lead Aptim Environmental & Infrastructure, LLC Client Authorized Signature Printed Name Title 214 APT(M EXHIBIT 1 Indian River County, FL Sector 3 - 2018006 - Work Order #15 Pre -construction and Engineering Services Summary of Cost by Task June 28, 2023 Page 5 of 5 Tat ask Number TsakN Labor Subcontractors Equipment Materials Other MobemobNb Totals Cost Principal Enginsai Pro Mngr $ 250.00 $ - $ Demosas Task 1 Impowi $ 6,830.00 $ $ $ $ $ $ 6,830.00 Task 2 Design Update $ 13,540.00 $ $ $ $ $ $ 13,540.00 Task 3 Bid Development, Solitication, and $ 14,598.00 $ $ $ $ $ 213.30 $ 14,811.30 4 $ 760.00 Awarding $ 15,770.00 Sr Coastal ErigineerPraj Mngr $ 165.00 $ $ Task 5 Pre-corlsWctlon Meetings and $ 6,250.00 $ $ $ $ $ 213.30 $ 8,463 30 $ 150.00 Submittals $ $ $ $ Task 6 Leta Season Sea TurtleMrrtorirg $ 1,300.00 $ 45,388.35 $ $ $ $ $ 46,608.35 32 $ Monitoring 14 $ 1,750.00 $ 94 $11,750.00 Coastal Engineer 1 $ 105.00 Totals = $ 42,518.00 $ 45,388.35 $ - $ - $ - $ 426.50 $ 88,332.85 Submitted By: Nicole Sharp Sub. kited To: Indian River County, FL Submission Date: 06/26/23 Summary of Labor Hours and Cost Labor Title Labor Bs Rale Agency Coordination Task 1 tabor Hous Cost Design Update Task 2 Labor Hours Cost Bid Development, Solitication, and Awarding Task 3 Labor Hours Cost Pre-constution Meetings and Submittals Task 4 Labor Hous Cost Late Season Sea Turtle Monitoring Task 5 Labor Hours Cost Labor Hours Totals Cost Principal Enginsai Pro Mngr $ 250.00 $ - $ $ $ $ $ E rl Witness est mo $ 300.00 $ $ $ $ $ - $ Program Manager $ 190.00 16 $ 3,040.001 20 $ 3,800.00 25 S 4,750.00 1 18 $ 3,420.00 1 4 $ 760.00 83 $ 15,770.00 Sr Coastal ErigineerPraj Mngr $ 165.00 $ $ $ $$ _ $ Coastal Engineer III $ 150.00 $ $ $ $ $ $ Coastal Engineer II $ 125.00 8 $ 1,000.00 40 $ 5,000.00 32 $ 4,000.00 14 $ 1,750.00 $ 94 $11,750.00 Coastal Engineer 1 $ 105.00 $ 20 $ 2,100.00 $ $ $ 20 $ 2,100.00 Coastal Modeler 11 $ 130.00 $ $ $ $ $ $ Coastal Modeler 1 $ 110.00 $ $ $ $ $ $ Pmfessioral Surveyor 8 M $ 145.00 $ $ $ $ $ $ Hydrographer $ 135.00 $ $ $ $ $ $ Surveyor $ 95.00 $ $ $ $ $ $ Smey Technician $ 80.00 $ $ $ $ $ $ Senor Marine Biologist $ 135.00 16 $ 2,160.00 1 4 $ 540.00 8 $ 1,080.001 8 $ 1,080.00 4 $ 540.00 40 S 5,400.00 Marine Biologist If $ 95.00 $ $ $ $ $ $ Madre Biologist 1 $ 72.00 $ $ $ $ $ $ Professional Geologist $ 150.00 $ $ $ $ $ $ Geologist III $ 130.00 $ $ $ $ $ - $ Geologist 11 $ 95.00 $ $ $$ $ - $ Geoloist 1 $ 80.00 $ _ $ _ $ - -...-_ $ $ - _ $ - Senior CAD Operator $ 140.00 $ $ $ $ $ $ CAD Operator $ 105.00 61$ 830.00 20 $ 2,100.00 40 $ 4,200.00 $ $ 66 $ 6,830.0 GIs Operator $ 105.00 $ $ $ $ $ Boat Captain $ 80.00 E $ $ $ Bookkeeper $ 80.00 E $ $ $ $ Clerical $ 71.00 $ $ 8 $ $ 8 $ 568.00 Technican $ 60.00 $ $ $ $ - $ Subcontractors $ $ - $ $ 45,386.35 $ 45.388.35 Equipment - $ - $ - S $ - $ - $ Material $ $S $ $ $ Or OOCs 6a - $ $ $ - $ - $ MobifzationlDemob - S 213.30 $ 213.30 - $ $ 426.60 TOTAL 46 $ 6,830.00 104 S 13,540.00 1 1131$ 14,811.30 1 40 $ 6,463.30 8 S 48,6!38.35 311 $ 88,332.95 sobmet.d By: Nicole Sharp sabminsd To: Indian River County, FL submission Date: 06128123 215 WORK ORDER NUMBER 2018006-15 SECTOR 3 BEACHS HURRICANES IAN AND NICOLE PRE -CONSTRUCTION AND ENGINEERING SERVICES This Work Order Number 2018006-15 is entered into as of this day of , 2023 pursuant to that certain Engineering and Biological Support Services Contract for Sector 3 Agreement for Professional Services entered into as of January, 2018 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental and Infrastructure, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 1. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY I: P.E. Joe Earman, Chairman Title: Director of Operations Attest: Ryan L. Butler, Clerk of Court and Comptroller Date: By: (Seal) Deputy Clerk Approved: By: John Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 216 D1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Richard B. Szpyrka, P.E., Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director FROM: Mark Winslow, P.E, Project Engineer SUBJECT: Change Order No. 1— Release of Retainage Dick Bird Park Pickleball Courts IRC -2204 DATE: June 22, 2023 DESCRIPTION AND CONDITIONS On August 16, 2022, the Board of County Commissioners awarded Bid No. 2022067 to Barth Construction, Inc. in the amount of $839,764.59 to construct 12 new pickieball courts along with modifications and resurfacing of 2 existing tennis courts with all other appurtenances. Additional work included site fencing, park benches, and a chilled water fountain with bottle filling station. Change Order No. 1 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $12,332.11 for a final cost of $827,432.48 and makes final contract time adjustments. Barth Construction, Inc. has successfully completed the project and has been paid $786,060.82 with $41,371.66 held in retainage. Barth Construction, Inc. has submitted Contractor's Application for Payment No. 7 for release of retainage in the amount of $41,371.66. FUNDING Funding for the release of retainage in the amount of $41,371.66 is available in the following account: Park Impact Fees/Pickleball Complex South Account No. 103-206000-20002 County/Retainage-Barth Construction, Inc. $41,371.66 7 C:\Granicus\Legistar5\LS\Temp\8729d744-3c2f-4958-blb8-767ab8022c4d.docx Page 2 Change Order No. 1— Release of Retainage Dick Bird Park Pickleball Courts July 11, 2023 BCC Meeting RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 7 in the amount of $41,371.66 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION Contractor's Application for Payment No. 7 Change Order No. 1 APPROVED AGENDA ITEM FOR JULY 11, 2023 8 C:\G ran is us\Legista r5\L5\Te m p\8729d 744-3c2f-4958-b 1 b8 -767a b8022 c4d. docx SECTION 00942 — Change Order Form DATE OF ISSUANCE: 6-22-23 IRC -2204 No. 1 EFFECTIVE DATE: 7-11-23 OWNER: Indian River County CONTRACTOR Barth Construction, Inc. Project: DICK BIRD PARK PICKLEBALL COURTS OWNER's Project No. IRC -2204 OWNER'S Bid No. 2022067 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to the bid line items to finalize the contract amount and release retainage to the Contractor. Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $839,764.59 Net (decrease) of this Change Order: $(12,332.11) Contract Price with all approved Change Orders: $827,432.48 Net increase this Change Order: Substantial Completion: (days or dates) ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 120 Final Completion: 150 Net increase this Change Order: Substantial Completion: (days or dates) Final Completion: 79 79 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 199 Final Completion: 229 I RECOMMENDED: Digilelly sgre0 Dy: Msrk Winslow Mark Winslow DN D�=Mar 11 Wlemail= inslow®irtgov.mm C =US D = e�emaanoe Date: n23 06M 11 43:00 44'00' By: Mark Winslow, P.E. ENGINEER (Signature) Date: APPROVED: By: Richard B. Szpyrka, P.E. OWNER (Signature) Date: Change Order Form — 00942 FAPublic Works\ENGINEERING DIVISION PROJECTS\2204 Dick Bird Park - Pickle Ball Court\1-Admin\Agenda Items\Project Closeout\IRC-2204_FCO20230711.docx 219 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: DICK BIRD PARK PICKLEBALL COURTS PROJECT NO. IRC -2204 BID NO. 2022067 Item No. Description Unit Quantity Unit Price Price Increase Price Decrease WCD-1 REMOVAL OF SEPTIC SYSTEM & DRAINFIELD LS 1 $7,240,00 $7,240.00 WCD-2 DEWATER & EXCAVATE 6" BELOW BOTTOM RETAINING WALL LS 1 $7,357.86 $7,357.86 WCD-3 RESURFACE EXISTING TENNIS COURTS LS 1 $45,297.26 $45,297.26 WCDlt I REMOVE & REPLACE HARD PAN SOIL IN RETENTION AREA LS 1 $1,050.00 $1,050.00 WCD-5 ADD CURB & DRYWELL FOR FOUNTAIN & ADD SIDEWALK LS 1 1 $5,122.77 $5,122.77 WCD-6 RELOCATE HINGES ON PICKLEBALL & TENNIS COURT GATES LS 1 $1,600.00 $1,600.00 FA FORCE ACCOUNT LS 1 $80,000.00 80 000.00 SUBTOTALS 67,667.89 80,000.00 NET DECREASE OF CONTRACT AMOUNT TOTAL 1 $ (12,332.11) 1 220 RTublic WoouM1-Admi Agmda It—Troject CloseoutVRG-2204 FCOITEMCHANGES20230711 rka\ENGINEERING DIVISION PROJECTSU204 Dick Bird Park - Pickle Ball C____ Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Consent Agenda - B. C. C. 7.11.23 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Dylan Reingold, County Attorney DATE: June 22, 2023 SUBJECT: Monitoring of Committees Resolution BACKGROUND. ATTORNEY On September 13, 2011, the Indian River County Board of County Commissioners ("Board") approved Resolution 2011-72, which appointed the County Attorney as the monitor of committee terms for various committees established by the Board. Except for the Public Safety Council for Criminal Justice, Mental Health, and Substance Abuse, the County Attorney's Office does not serve as the staff for any of the committees. And except for the regulatory commissions and boards, as set forth in section 103.03 of the Indian River County Code of Ordinances, the County Attorney's Office does not regularly attend the committee meetings. These committees are in reality staffed by the Commission Office staff. The Commission Office staff generally prepares the notices for the meetings, emails committee members on attendance and takes minutes of the meetings. On June 20, 2023, the Board voted to authorize the County Attorney's Office to draft a resolution delegating the monitoring of the committee terms to the Commission Office staff. The County Attorney's Office recommends that the Board approve the drafted resolution. RECOMMENDATION. The County Attorney recommends that the Board approve the resolution delegating the monitoring of the committee terms to the Commission Office staff. C. IGronin V S*tm51L51Te pt424f9l92de89Jc9e-ble 98b9e157d3di.dx 221 RESOLUTION NO. 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MODIFYING RESOLUTION 2011-072 APPOINTING THE COMMISSION OFFICE AS THE MONITOR OF COMMITTEES. WHEREAS, On September 13, 2011, the Indian River County Board of County Commissioners ("Board") adopted Resolution 2011-72 reestablishing the terms of members of certain boards and committees and establishing a process to monitor terms in the future; WHEREAS, per Resolution 2011-072, the Board appointed the County Attorney as the Monitor of Committee terms; WHEREAS, the County Attorney does not regularly attend most boards and committees; WHEREAS, the Commission Office has been expanded to include five commission assistants, who regularly attend the board and committee meetings; WHEREAS, the Board wishes to transfer the Monitor responsibilities back to the Commission Office. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Board wishes to modify Resolution 2011-072 by appointing the Commission Office to serve as the Monitor of Committee terms going forward. 2. All other provisions of Resolution 2011-072 shall remain in full force and effect. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 2023. Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this 11th day of July, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman 222 RESOLUTION NO. 2023 - ATTEST: Ryan L. Butler, Clerk Of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney 223 RESOLUTION NO. 2023- 224 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: The Honorable Board of County Commissioners THRU: John A. Titkanich, Jr., County Administrator FROM: Suzanne Boyll, Human Resources Director DATE: June 27, 2023 SUBJECT: Addendum to RXBenefits Administrative Services Agreement Reflecting Improved Pricing and Updates effective January 1, 2023 BACKGROUND: Effective May 1, 2018, Indian River County Board of County Commissioners approved a recommendation to carve -out the pharmacy benefit under the County's group health insurance program from Florida Blue and select Express Scripts as the pharmacy benefit manager. Administrative services for the pharmacy benefit are provided by RX Benefits. Pricing and rebates are updated annually effective January of each year and approved by the BOCC. The agreement has also been updated to reflect changes as outlined below. The improved pricing projections under the attached Addendum are reflected below and reflect an estimated improvement of 14.16% or $554,496. Gross Gust $2,191,927 $2,173,094 -$678,505 AdministrE55 -$405,402 " -$405,402 Page 1 of 2 225 2 SUMMARY OF LANGUAGE CHANGES FROM RX BENEFITS AND REVIEWED BY LOCKTON: • Overall, the updates this year were made to improve formatting, align and defines terms, and continue our attempt to have our contracts be more transparent. • Due to ever evolving Federal, state and/or local laws/legislative requirements, a stipulation has been added addressing the potential for pricing variations and claims may be exempt from reconciliation of financial guarantees. • Biosimilar products are no longer excluded from pricing guarantees. • Rebate payout timeline enhancements and additional clarifying language. The agreement has been reviewed by Lockton and is recommended for approval. FUNDING: Funding for the pharmacy benefit will be budgeted for Fiscal Year 2023/2024 in the Employee Health/Health Insurance/Pharmacy Claims account, number 50412719-034586, in the amount of $3,360,727. Account Name Account Number I Amount Employee Health/Health Insurance/Pharmacy Claims 50412719-034586 $3,360,727 RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve and authorize the Board Chairman to sign the January 1, 2023 Addendum to the Administrative Services Agreement addendum with RXBenefits after review and approval by the County Attorney. Attachments: 2023 ASA Addendum RX Benefits Page 2 of 2 226 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr. County Administrator Richard B. Szpyrka, P.E., Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director FROM: Richard Reichenbach, P.E., Project Engineer SUBJECT: Release of Retainage and Change Order No. 1 Moorhen Marsh Low Energy Aquatic Plant System (LEAPS), IRC -2107 DATE: July 11, 2023 DESCRIPTION AND CONDITIONS On June 8, 2021 Indian River County Commissioners awarded Bid No. 2021038to Allen Concrete and Masonry, Inc. inthe amount of $10,987,684.90 for the for the construction of the Moorhen Marsh Low Energy Aquatic Plant Systems (LEAPS) facility located at 6520 53rd Street, Vero Beach, Florida 32967. Change Order No. 1 makes final adjustments to the contract bid items for plan omissions and design changes for an increase to the total contract price by $82,659.57 for a final cost of $11,070,344.47. Allen Concrete and Masonry Inc. has completed the project and been paid $10,413,782.88 with $548,094.03 held in retainage to date. Allen Concrete and Masonry Inc. has submitted Contractor's Application for Payment No. 2107-18 for the amount of $644,859.15 for plan changes and release of retainage for Part A of the contract. Part B of the contract, that contains the one-year landscape and warranty line items in the amount of $11,702.44, will remain open as outlined in the bid documents. FUNDING Funding is budgeted and available in: Optional Sales Tax/Public Works CIP Moorhen Account No. 31524338-066510-16018 Marsh -PC North $96,765.12 Optional Sales Tax/ Moorhen Marsh -PC Account No. 315-206000-16018 North/Retainage—Allen Concrete $548,094.03 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 2107-18 to Allen Concrete and Masonry Inc. in the amount of $644,859.15 for final payment for Part A and release of retainage. 227 Page Two Release of Retainage and CO 1: Moorhen Marsh Low Energy Aquatic Plant Systems (LEAPS) (IRC -2107) BCC Meeting 7/11/2023 ATTACHMENTS ARE AVAILABLE FOR VIEWING IN THE ENGINEERING DIVISION 1. Change Order 1 2. Contractors Application for Payment No. 2107-18 APPROVED AGENDA ITEM FOR JULY 11, 2023 C:\G ran icus\Legista r5\L5\Te m p\d4d785 b4 -4470-4173-a e71-22c74c793d51.docx 228 SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: 06/21/2023 EFFECTIVE DATE: 7/11/2023 OWNER: Indian River County CONTRACTOR Allen Concrete & Masonry, Inc. Project:MOORHEN MARSH LOW ENERGY AQUATIC PLANT SYSTEM OWNER's Project No. IRC -2107 OWNER'S Bid No. 2021038 You are directed to make the following changes in the Contract Documents: Description: Change Order 1 for Part A of the Contract Reason for Change Order: The project is complete. This change order is to make final adjustment to bid line items, to address plan omissions, and design changes for the construction of the Moorhen Marsh LEAPS facility. This change order is to finalize Part A of the contract and release retainage to the Contractor. Part B of the contract, that contains the one-year landscape maintenance and warranty line items, will remain open as outlined in the bid documents. The following is a list of plan errors, omissions and design changes for the construction of the Moorhen Marsh LEAPS facility. This includes the following: 1. Front entrance modification needed as a result of the 531 street widening (IRC -1505) — $28,936.22 2. Landscaping pay item discrepancies between the bill of materials and landscaping plans - $26,654.25 3. Construction of a sediment wall at the headworks structure that was omitted in the structural plans — $16,015.71 4. Installation of electrical service pull box required at the headworks structure for the 3- phase service - $6,778.08 5. Removal of a berm on the east side of the side of the property that was constructed after the project survey was completed - $2,417.94 6. Relocation of electrical conduit for the pole barn due to FPL service work — $1,857.37 Attachments: Description of Itemized Changes and Backup CHANGEIN CONTRACT PRICE: Time Description Amount Original Contract Price $$10,987,684.90 Net decrease of this $$82,659.57 Change Order: (days) Contract Price with all $$11,070,344.47 approved Change (days) Orders: ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Final Completion: 300 Net increase this Change Order: (days) Final Completion: 317 Contract Time with all approved (days) Change Orders: Final Completion: 1 617 RECOMMENDED: By: PROJECT MANAGER OR ASST PW DIRECTOR(Signature) Date: APPROVED: By: OWNER (Signature) Date: IRC -2107 CO#1 20230621 REDUCED 00942 - 1 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\2107 Moorhen Marsh LEAPS\1-Admin\Agenda Items\Change Orders\CO1 (PART A)\IRC-2107_CO#1_2023062h REDUCED.doc Rev. 05/01 l� CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: Moorhen Marsh Low Energy Aqatic Plant System (LEAPS) PROJECT NO. IRC- 2107 BID NO. 2021038 Item No. Description Unit Quantity Unit Price Price Increase Price Decrease CO # 1 FRONT ENTRANCE MOD, LANDSCAPING, SEDIMENT WALL, ELECTRICAL SERVICE PULL BOX, ELECTRICAL CONDUIT LS 1 82,659.57 SUBTOTALS 82,659.57 0.00 PROJECT NAME TOTAL $ 82,659.57 230 F:\PubficWorks\ENG1NEERING DIVISION PROJECTS\2107 Moorhen Marsh LEAPS\1-Admin\Agenda Items\Change Orders\CO1 (PART A)\IRC-2107_CO1_20230711 _V INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director PREPARED BY: Eric Charest, Natural Resources Manager SUBJECT: Grant Application for Funding Assistance from the State of Florida Beach Erosion Control Program — FY 2024/2025 DATE: June 29, 2023 DESCRIPTION AND CONDITIONS On June 1, 2023, the County received notification from the Florida Department of Environmental Protection (FDEP) that the Beach Management Funding Assistance Program was accepting applications for the FY 2024-2025 Local Government Funding Requests (LGFR). LGFR Grants make available State cost share funds to assist governmental entities, such as Indian River County, in sharing expenses for approved activities associated with beach nourishment projects that include; project design, engineering studies, environmental studies, construction activities and monitoring costs consistent with the FDEP's Strategic Beach Management Plan. The County's Sector 3 Beaches suffered significant sand losses from the Hurricanes in 2022 (Hurricane Ian and Hurricane Nicole). As a result of those impacts, the County has been working with the Federal Emergency Management Agency (FEMA) and the FDEP on securing federal and state funds for future dune and beach repair efforts within Sector 3. The County has been notified of receiving $2,656,800.00 in state legislatively approved reimbursement funds under LGFR Grant 231112 in which the County's match has been waived. Preliminary information available indicates that quantifiable sand losses within Sector 3 according to FEMA standards amount to 92,800 cubic yards (cy), making Sector 3 eligible for Category G public assistance funding. FEMA has not yet issued a Project Worksheet (PW) committing funds, but preliminary discussions point to FEMA providing federal funding assistance in the amount of 75% of the costs associated with the 92,800 cy volume they deem as sand losses from Hurricanes Ian and Nicole. As identified in the FDEP's Hurricanes Ian and Nicole Recovery Plan for Florida's Beach and Dune System, the County's estimate of sand losses within Sector 3 was far greater than the FEMA determination. Post -storm losses to the dry beach system were estimated by staff to be 246,000 cy, which has been further supported by surveyed data showing that 277,700 cy of sand was lost from the dry beach. The dry beach is the area from the crest of the dune to the mean high water line, while FEMA considers sand in the system from the crest of the dune to the fill depth of closure (or approximately -12 feet underwater). Hurricanes Ian and Nicole impacted the Sector 3 beach by moving sand from the dune and dry beach and depositing it just offshore. Since the sand 'in the system' is not expected to rebuild the dune, the County's estimate of 246,000 cy loss 231 Page 2 FDEP FY 24/25 LGFR Funding Resolution July 11, 2023 BCC Agenda Item more closely reflects the storms impacts to the dry beach, as opposed to the 92,800 cy loss determination made by FEMA to the system. With FEMA anticipated to commit federal assistance for 75% of the 92,800 cy amount, and with state approved funding identified in LGFR Grant 231R2 in the amount of $2,656,800.00 in non - match funds, a potential Sector 3 project to address dry beach losses from Hurricanes Ian and Nicole would not be fully funded. Engineer's estimates for a 92,800 cy repair project would cost $7,555,948.10, with FEMA providing financial assistance for 75% of that cost, or approximately $5,666,961.08. Adding to that the existing LGFR 231R2 funding for Sector 3 and estimated current funding available for Sector 3 would be $8,323,761.08. Sector 3 dry beach losses have been estimated to be 246,000 cy as identified in the FDEP Recovery Plan. Using the same costs as presented in the Engineer's estimate for a Sector 3 FEMA project, an estimated cost for a 246,000 cy dry beach repair project to address observed impacts from Hurricanes Ian and Nicole would be approximately $15,422,768.10. As current estimated funding available is $8,323,761.08, a 246,000 cy repair project would require the County cover approximately $7,099,007.02 of the project. Seeking additional cost state funds through the current Beach Management Funding Assistance Program LGFR process would potentially reduce expenses for the County should the larger volume of sand be placed within Sector 3. A proposed grant application would identify $7,099,007.02 in needed funds, with the County looking to cost share that expense with the state under the LGFR program. With the 50/50 state/local cost share, the County would seek $3,549,503.51 in cost share funds, reducing the County's participation in the project to $3,549,503.51. Sector 3 does meet the basic requirements for being able to request funds under the LGFR process, with its' critically eroded shoreline designation and numerous public access points. Historically Indian River County has applied for and received LGFR grants that have been used for prior beach nourishment projects within Sector 3. Although funds have been received previously, there is no guarantee that an application submitted by the County for a Hurricane Ian and Hurricane Nicole repair project would be awarded funding. As part of the application process however, the County is required to provide a funding resolution from the Local Sponsor indicating the County's ability to provide the full cost local share and identification of the funding source. The purpose of this agenda is to request Board approval of the County funding resolution as related to the Local Government Funding Request grant application. The Resolution does not specify a specific dollar amount and does not commit the County to perform the higher volume sand project. However, the Resolution enables the Department to consider the County's LGFR for Fiscal Years 2024/2025. FUNDING Local funding of Beach Restoration would include a portion of the Local Option Tourist Tax Revenue. It is expected that FEMA Project Worksheets and existing FDEP LGFR 231132 Grant 232 Page 3 FDEP FY 24/25 LGFR Funding Resolution July 11, 2023 BCC Agenda Item funding made available for the project will assist in reducing County expenses, in addition to a potential LGFR award per the application process referenced in this agenda. Funding for construction of the Sector 3 Hurricanes Ian and Nicole Beach and Dune Repair project would be made available in the Beach Restoration/CIP/Hurricane Ian — Sector 3 account, number 12814472-066514-22601, at 22% of the total cost with the remaining 78% coming from the Beach Restoratio n/CIP/Storm Nicole — Sector 3 account, number 12814472-066514-23007. RECOMMENDATION Staff recommends Board approval of the funding resolution. ATTACHMENTS Sector 3 LGFR FY24-25 Funding Resolution APPROVED AGENDA ITEM FOR JULY 11, 2023 233 RESOLUTION NO. 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA REQUESTING ASSISTANCE FROM THE STATE OF FLORIDA BEACH EROSION CONTROL PROGRAM - FY 2024/25 WHEREAS, Indian River County has experienced damage to structures and/or coastal lands by beach erosion in areas of public lands; and WHEREAS, Indian River County has established a Beach Preservation Plan and a Beach Preservation Fund to provide strategy and funding for beach restoration activities; and WHEREAS, the State of Florida has established a Beach Erosion Control Program for providing financial assistance for erosion control and preservation of the beaches within the State. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County, as follows: 1. The County hereby requests State financial assistance for implementation of coastal erosion control improvements within Indian River County. 2. The County hereby designates Eric Charest, Natural Resources Manager for Indian River County, as the Project Manager and Agent on behalf of the County. THE FOREGOING RESOLUTION was offered by Commissioner and seconded by Commissioner , and, being put to a vote was as follows: Chairman, Joe Earman Vice Chairman, Susan Adams Commissioner Joseph Flescher Commissioner Laura Moss Commissioner Deryl Loar The Chairman thereupon declared the resolution duly passed and adopted this 11th day of July , 2023. Attest: Ryan L. Butler, Clerk of Court and Comptroller Indian River County, Florida Board of County Commissioners Lin Deputy Clerk Joe Earman, Chairman Approved: John Titkanich, Jr., County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 234 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Melissa Meisenburg, Lagoon Plan Environmental Specialist SUBJECT: Approval of the Grand Muck Survey and Nutrient Analysis Contract Agreement DATE: June 30, 2023 BACKGROUND On January 18, 2022 the Board of County Commissioners (Board) directed Coastal Division staff to work with Florida Institute of Technology's (FIT) Dr. Austin Fox to develop a proposal and conduct a County wide muck mapping survey in the Indian River Lagoon (IRL). Determining the location of extensive muck and potential nutrient fluxes is beneficial in understanding muck accumulation within regions of the IRL. A comprehensive muck survey will fill a data gap identified during the Research and Review Phase of the Indian River County Lagoon Management Plan (LMP) development. In addition, mitigation strategies for muck provide Basin Management Action Plan (EMAP) credits required to meet the Total Maximum Daily Loads (TMDLs) set by the Florida Department of Environmental Protection (FDEP). DESCRIPTION AND CONDITIONS Staff worked closely with Dr. Fox to develop a proposal to conduct a comprehensive muck survey with sediment and nutrient analyses. Dr. Fox provided staff with a scope of work broken into six (6) Tasks, which are expected to take one year to complete. Task one (1) includes literature reviews and a preliminary mapping step at a cost of $3,125.00. Task two (2) involves remote sensing based on Lidar and site selection at a cost of $4,250.00. Task three (3) is the grand survey which is field work resulting in a map identifying muck presence within the Lagoon. This activity is expected to cost $42,850.00. Task four (4) includes an analysis of muck composition collected from sites containing at least 10cm of probe - penetrable sediments. Cost for this activity is $14,500.00. Task 5 will yield a map of muck thickness from the sites selected for detailed surveys. The cost for this activity is $32,550.00. Task six (6) is the creation of the final report which will incorporate the information gathered under the separate tasks. Cost for this aspect of the project is $5,000.00. Total project cost is $102,275.00. The grand survey will identify muck locations in the IRL within Indian River County. Sediment samples will be tested for nutrient (nitrogen and phosphorus) fluxes in order to estimate annual releases of nitrogen and phosphorus from the muck. Updates will be provided in three (3) quarterly reports and a final detailed report upon completion of the project. Staff requested Dr. Fox and FIT enter into an agreement to complete the scope of work with individual work orders for each Task. Staff prepared and submitted the agreement to Dr. Fox and FIT to review and sign. 235 Page 2 FIT Muck Survey July 11, 2023 BCC Meeting FUNDING The total to complete the scope of work proposed by Dr. Fox is, $102,275.00 with the associated costs broken down by Task. Funding in the amount of $102,275.00 is budgeted and available in the General Fund/Lagoon/Other Professional Services account 00128337-033190 to cover several of the proposed Tasks. Account Name Account No. Amount General Fund/Indian River Lagoon/Other Professional Services 00128337-033190 $102,275.00 RECOMMENDATION Staff recommends the Board of County Commissioners approve the agreement and authorize the County Administrator to sign the agreement on behalf of the Board once the signed agreement is received back from Dr. Fox and FIT. Additionally, staff requests the Board authorize the Purchasing Manager to issue individual work orders for the identified Tasks above, as funding is available and approved. ATTACHMENTS 1. IRC Muck Survey Proposal 2. FIT Agreement for IRL Muck Research APPROVED AGENDA ITEM FOR: July 11, 2023 236 Indian river County Muck Survey Title: Locating Organic -Rich Sediments (Muck) in Indian River County Indian River County Muck Survey - Phased sampling to locate muck deposits INTRODUCTION/BACKGROUND Anthropogenic changes to lagoon hydrology and nutrient loading over the past century have created conditions leading to the accumulation of muddy deposits throughout the Indian River Lagoon. Indian River Lagoon (IRL) mud, locally known as "muck," is anoxic and uninhabitable to seagrasses and benthic fauna (Fuller et al., 2021). Decomposition of organic matter contained in muck leads to releases (fluxes) of dissolved nitrogen (N) and phosphorus (P) to the overlying water that can contribute to the onset and proliferation of algal blooms and trigger positive feedback loops that can sustain or worsen eutrophication (Fox and Trefry, 2018; Kemp et al., 2005). In some sub -basins of the IRL, muck contributes up to 40-50% of the total N and P loading from all sources including runoff, direct discharges and atmospheric deposition (Tetra Tech, 2021; Fox and Trefry, 2018). Muck management has thus become an important part of restoration plans for the lagoon system and selection of optimal sites for mitigation can help select where treatment would be most cost effective with respect to decreasing internal nutrient loading thereby improving outcomes of restoration efforts. The purpose of this project is to locate muck throughout Indian River County and obtain preliminary data showing differences in composition and fluxes among major deposits. In Brevard County, benthic fluxes of nitrogen and phosphorus among deposits ranged by 20 -fold (Trefry and Johnson, 2019). By strategically selecting the highest fluxing deposits for restoration, it is thereby possible to maximize benefits towards nutrient removal while obtaining the largest possible TMDL credits (based on current draft credit guidance). Prior to conducting physical surveys, historical datasets and remote sensing techniques will be used to locate probable muck deposits for further investigation. A grand survey will focus on these areas while also investigating the entire lagoon within Indian River County at lower resolution. Up to 5 discrete muck deposits located during the grand survey will be evaluated in more detail better defining boundaries of the deposits and estimating annualized inputs of nitrogen and phosphorus from each deposit. Detailed surveys will be designed to capture the extent and composition of surface sediments in each deposit and determine the number of samples required based on pre -dredging TMDL credit guidance (based on draft guidance from FDEP). Currently, few data regarding the distribution of muck in Indian River County are available and it is difficult to predict the extent of muck and the need for further detailed investigations. Therefore, this initial phase (Phase I) of study may identify a need for further investigation of additional discrete deposits within Indian River County. 1 237 Indian river County Muck Survey LOCATION OF PROJECT (Narrative and Project Location Map) This project will be carried out in the Indian River Lagoon throughout Indian River County, centered at 27°42'00"N 80°23'30"W (Figure 1). Figure 1. Map showing the Indian River Lagoon in Indian River County SCOPE OF WORK (Outputs/Deliverables) Florida Tech will use a phased approach to locate and identify potential muck deposits within Indian River County. The phased approach will utilize a combination of existing knowledge and remote sensing techniques to identify probable muck deposits. These efforts will be combined with gridded 2 238 Indian river County Muck Survey in-situ probing throughout Indian River County using a tessellated grid system with cells sized between 1 and 5 km based on morphological and hydrologic features of the lagoon (e.g., Figure 2) Figure 2. Example grid showing 1 km grid cells. Broad survey will include randomly selected sites within each tessellated grid cell to ensure even coverage yet random site selection. TASK IDENTIFICATION: Task 1. Conduct a literature review and compile existing data for the location / thickness of muck in Indian River County. Task 2. Using remote sensing techniques (e.g., Lidar) and existing knowledge of the lagoon system, locate target areas for further investigation using in-situ probing. Create sample grid and complete study design based on historical data and remote sensing (example Lidar targets shown in Figure 3). 3 239 Figure 3. Remote sensing used to identify locations for physical surveys. Task 3. Conduct a grid -based, grand muck survey using an in-situ probing technique (Trefry et al., 1989). This survey will follow the tessellated grid system with probe locations within each approximately 1 km2 grid cell. Using data from the broad survey, target areas for more detailed surveys will be located and discussed with Indian River County Staff. Task 4. Collect sediment samples from sites containing at least 10 cm of soft (probe -penetrable) sediments in the gridded grand survey. Sediments will be analyzed for sediment water, organic matter and carbonate contents with a selected subset of samples analyzed for grain size, carbonate plus Fe, Al and Si contents. Task S. Based on results from the grand survey, up to 5 muck deposits will be surveyed in detail (grid cells 0.1 to 0.5 km on a side). Within each detailed survey, muck thickness will be recorded at each site and 5-10 sediment samples collected for determination of sediment composition and benthic fluxes using our quick flux technique. Additional detailed surveys may be carried out as part of future phases of this project. Focused areas - resolution based on DEP dredging credit guidance and the number of sites based on the total sample size. Task 6. Reporting. Progress and updates will be reported in 3 approximately quarterly reports (brief one-page project updates) and a detailed final report. 4 240 Indian river County Muck Survey DELIVERABLES AND TIME FRAMES Task 1. Map showing areas likely to contain muck based on existing data, observations and literature review. Task 2. Map based on Lidar, showing the grid that will be used for the initial, in-situ grand survey. Task 3. Datasets and maps showing water depths and muck presence / thicknesses at sites in the grand survey. Task 4. Datasets for muck composition at sites containing at least 10 cm of probe -penetrable sediments. A map showing targeted areas for further investigation with up to 5 areas selected for investigation during this phase of muck mapping/locating. Task S. Maps of muck thickness at each of the sites selected for detailed surveys. Data for muck surface areas and volumes (extrapolated from probe surveys using geospatial analysis), sediment composition and benthic nitrogen and phosphorus fluxes (as ammonia and phosphate) and estimated annual releases of N and P from each deposit. Task 6. Compile data into approximately quarterly data updates and a final project report. The final report will provide quantitative and descriptive analyses of findings from all phases of this project. Budget Table Task Line Deliverables IRC Funding Item Amount 1 Literature review and 3,125 preliminary mapping 2 Remote sensing and site 4,250 selection/design for grand survey 3 Grand survey and Field 42,850 effort 4 Sediment composition 14,500 5 Detailed surveys for 32,550 discrete deposits 6 Report 5,000 Summary Cost Project Total Cost $102,275 5 241 Indian river County Muck Survey Timeline Timeline showing major milestones including start and completion dates (mobilization and demobilization) Task Month 1 2 3 4 5 6 7 8 9 10 11 12+ 1 Lit. Review x x x (2) Remote Sensing x x x (3) Grand Survey x x x x x (4) Laboratory Analysis x x x x x x x (5) Detailed surveys x x x x x x 6 Re ort Q1 Q2 Q3 Final Q = Quarterly Report. Timeline is tentative and subject to change based on coordination with IRC staff and findings throughout the investigation. 242 AGREEMENT FOR INDIAN RIVER LAGOON MUCK RESEARCH THIS AGREEMENT, entered into this _ day of , 2023, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and Florida Institute of Technology, Inc., hereinafter referred to as the "FLORIDA TECH". BACKGROUND RECITALS: FLORIDA TECH, in furtherance of its education and research mission, has knowledge, experience, and expertise in research, design, and development in the fields necessary to evaluate Muck in the Indian River Lagoon ("IRL"). COUNTY desires the services of FLORIDA TECH, as described in Exhibit A, and as authorized in individual work orders issued under this Agreement. 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. STATEMENT OF WORK 1.1 All services ("Services") provided by FLORIDA TECH for the County shall be as identified in Exhibit A. The parties agree that the Budget Table provided in Exhibit A is the basis to be used for billing purposes and that FLORIDA TECH's compensation is the total lump sum as set forth in paragraph 5.1. 1.2 Additional services which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Exhibits shall be Services for which FLORIDA TECH 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 the Agreement, and when properly authorized and executed by both FLORIDA TECH and the County, shall become an amendment to the Agreement. 2. COUNTY OBLIGATIONS 2.1 The COUNTY will provide FLORIDA TECH with a copy of any related data or reports available, 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. FLORIDA TECH shall satisfy itself as to accuracy of any data provided. 2.2 FLORIDA TECH shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond FLORIDA TECH 's control and through no fault or negligence of FLORIDA TECH. 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 FLORIDA TECH shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE FLORIDA TECH 3.1 FLORIDA TECH agrees to provide diligent efforts to perform all necessary Services in connection with the assigned work, as set forth in this Agreement. Services will be rendered 243 at a level commensurate with professional standards acceptable in the discipline and within the scope of the project, to the satisfaction of COUNTY. 3.2 FLORIDA TECH 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. 3.3 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by FLORIDA TECH 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. 3.4 FLORIDA TECH 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, FLORIDA TECH shall cause the names of the firms responsible for such portions of the work to be inserted on the reports or other data. 3.5 FLORIDA TECH 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. FLORIDA TECH is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants. 4. TERM; DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of five 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 FLORIDA TECH a mutually agreed professional fee on a deliverable basis, all as set forth in Exhibit A. Invoices 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 made to the FLORIDA TECH 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 FLORIDA TECH acknowledges and agrees that it will not be reimbursed for travel within the State of Florida. 5.2 The COUNTY may at any time notify FLORIDA TECH of requested changes to the Services, and thereupon the COUNTY and FLORIDA TECH shall execute a mutually agreeable amendment to this Agreement. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under Exhibit A at any time and for any reason, upon written notice to FLORIDA TECH specifying the nature and extent of the reduction. In such event, 244 FLORIDA TECH 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 FLORIDA TECH 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. FLORIDA TECH 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 FLORIDA TECH 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 FLORIDA TECH to provide, either directly by FLORIDA TECH or by a subconsultant, such additional services by written amendment to this Agreement. 7. PUBLICATIONS 7.1 COUNTY recognizes that under FLORIDA TECH policy, the results of FLORIDA TECH's research must be publishable, and agrees that the researchers engaged in activities under this Agreement shall be permitted to present at symposia, professional meeting, and to publish in journals, theses or dissertations, or otherwise of their own choosing, methods and results of such services. COUNTY shall review and approve any publications prepared for non-scientific audiences, such as elected officials, media, or the general public, where the publication or presentation is not a part of a recognized scientific or academic venue 8. INSURANCE AND INDEMNIFICATION 8.1 During the performance of the work covered by this Agreement, FLORIDA TECH shall provide the COUNTY with evidence that the FLORIDA TECH has obtained and maintains the insurance listed in the Agreement. 8.2 Minimum Scope of Insurance A. Worker's Compensation as required by the State of Florida. Employers Liability of $1oo,000 each accident, $5oo,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 $5oo,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. 8.3 FLORIDA TECH's insurance coverage shall be primary. 8.4 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. 8.5 The insurance policies procured, other than professional liability, shall be occurrence 3 245 forms, not claims made policies. 8.6 FLORIDA TECH 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 its students, agents, and other persons employed or utilized by FLORIDA TECH in the performance of this Agreement. 8.7 COUNTY shall indemnify and hold harmless FLORIDA TECH and its respective directors, officers, employees, students, 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 COUNTY or its employees or agents in connection with the performance of this Agreement. 9. TERMINATION 9.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (3o) days' prior written notice to FLORIDA TECH; or (b) by FLORIDA TECH, 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 party 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 FLORIDA TECH shall be payment for those portions of satisfactorily completed under this Agreement. Such payment shall be determined on the basis of the hours of work performed by the FLORIDA TECH, or the percentage of work complete as estimated by FLORIDA TECH 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 FLORIDA TECH, elect to employ other persons to perform the same or similar services. 9.3 In the event of termination of this Agreement, FLORIDA TECH agrees to surrender any and all documents prepared by FLORIDA TECH for the COUNTY in connection with this Agreement. 9.4 The COUNTY may terminate this Agreement for refusal by FLORIDA TECH 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 FLORIDA TECH in conjunction with this Agreement. 9.5 The COUNTY may terminate this Agreement in whole or in part if FLORIDA TECH submits a false invoice to the COUNTY. 9.6 FLORIDA TECH certifies that it and those related entities of FLORIDA TECH, 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 Agreement if FLORIDA TECH, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 10. MISCELLANEOUS PROVISIONS 10.1 Independent Contractor. It is specifically understood and acknowledged by the 4 246 parties hereto that FLORIDA TECH or employees or sub -consultants of FLORIDA TECH are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 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 parry 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. 10.3 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.4 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.5 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. io.6 Public Records Compliance COUNTY is a public agency subject to Chapter iig, Florida Statutes. FLORIDA TECH shall comply with Florida's Public Records Law. Specifically, FLORIDA TECH shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter lig 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 Agreement term and following completion of the Agreement if FLORIDA TECH does not transfer the records to the County. (4) Upon completion of the Agreement, transfer, at no cost, to the County all public records in possession of FLORIDA TECH or keep and maintain public records required by the County to perform the service. If FLORIDA TECH transfers all public records to the County upon completion of the Agreement, FLORIDA TECH shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If FLORIDA TECH keeps and maintains public records upon completion of the Agreement, FLORIDA TECH 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 FLORIDA TECH HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER ng, FLORIDA STATUTES, TO THE FLORIDA TECH 'S DUTY TO PROVIDE PUBLIC RECORDS 247 RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicre cords P ircgov. com Indian River County Office of the County Attorney 18o127th Street Vero Beach, FL 3296o C. Failure of FLORIDA TECH to comply with these requirements shall be a material breach of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. FLORIDA TECH: By Date Witness: By Printed Name Designated Representative: Austin Fox, Ph.D., Assistant Professor Florida Tech Department of Engineering And Marine Science 150 W University Blvd., Melbourne, FL 32901 afox@fit.edu (321) 674-7463 INDIAN RIVER COUNTY By its Board of County Commissioners By Joseph H. Earman, Chairman Date Approved by BCC: Attest: Ryan L. Butler, Clerk of Court And Comptroller By Deputy Clerk Approved: John A. T itkanich, Jr., County Administrator Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Designated Representative: Eric Charest, Natural Resources Director 1801 27th Street, Vero Beach, FL 3296o echarest(&ircgov.com (772) 226-1569 6 248 Exhibit A - Indian River County Muck Survey Scope of Work 249 M INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director PREPARED BY: Eric Charest, Natural Resources Manager SUBJECT: FDEP Revised Grant Agreement 231R2 (Indian River County 2022 Hurricane Ian and Nicole Recovery Project) DATE: June 27, 2023 DESCRIPTION AND CONDITIONS On June 20, 2023 under Consent Agenda item 8.AH, the Board of County Commissioners (Board) accepted the State of Florida Department of Environmental Protection's (FDEP) Local Government Funding Request (LGFR) Grant 231112. LGFR grant 231R2 was awarded to Indian River County as a result of State allocated funding made available to assist counties most impacted by Hurricane Ian (2022) and Hurricane Nicole (2022) to support beach and dune repair efforts. With information submitted by Indian River County, the FDEP Office of Resilience and Coastal Protection issued the Hurricanes Ian and Nicole Recovery Plan for Florida's Beach and Dune System (December 9, 2022) which was used as the basis for allocating the initial funding approved by the Governor's office in December 2022. Laws of Florida Chapter 2022-272 Senate Bill 4A, authorized the FDEP to waive match requirements for local governments and provided non-recurring funds for damages related to Hurricane Ian and Hurricane Nicole for beach erosion projects as identified in Section 161.101 (22) Florida Statutes (F.S.). Grant 231R2, at the time of Board approval on June 20, 2023, allotted $4,080,388.00 to the beaches within Indian River County. As beach management Sectors 1 and 2 within the County are managed by the Sebastian Inlet District (SID) under a Memorandum of Understanding, the funds associated with Sectors 1 and 2 ($334,696.59) were assigned to SID under a separate grant. Indian River County was allocated $3,745,691.41 of the available funding under LGFR grant 231R2 to be used for Hurricane Ian and Hurricane Nicole beach erosion projects consistent with the FDEP's recovery plan identified above. Since the June 20, 2023 Board meeting approval of grant 231132, the Governor approved the State of Florida fiscal year 2023/2024 budget which included an additional $106 million in beach repair funding. This additional allocation will completely fund the State/Local share portion of repair efforts identified in the FDEP recovery plan. Indian River County has been awarded an additional $4,331,612.00 in Hurricane Ian and Hurricane Nicole beach and dune repair funding which is being added into a revised 231132 grant document. This revision makes the total award to the County under Grant 231R2 $8,412,000.00. As identified above, the SID funds associated with Sectors 1 and 2 (revised total of $690,000.00) are assigned to SID under a separate grant. Indian River County has been allocated $7,722,000.00 of the available funding under the revised LGFR 231R2 to be used for Hurricane Ian and Hurricane Nicole beach erosion projects consistent with 250 Page 2 FDEP Revised Grant 231112 July 11, 2023 BCC Agenda Item the FDEP's recovery plan. The revised agreement is anticipated to mirror the previously Board approved 231R2 grant, and update FDEP's commitment to provide up to $7,722,000.00 of State funding to cover non-federal Project costs for the projects identified in the Grant. It should be noted this Grant is based on reimbursement and the County would be responsible for the up -front costs associated with construction. Reimbursement would take place at a later date once all of the County's costs are deemed eligible per the Grant standards. The County continues to work with representatives from the Florida Division of Emergency Management (FDEM) and the Federal Emergency Management Act (FEMA), to secure Federal funding for these projects, and the federal share shall not affect the cost sharing percentage of the non-federal share. Eligible costs for which the grant can be used are included in the LGFR 231R2 Grant Work Plan and include work performed and costs incurred associated with the placement of fill material. The agreement identifies Indian River County as the Local Sponsor, Natural Resources Manager, Eric Charest, as the Project Manager, and 231R2 identifies a project completion timeline requiring all deliverables received by the FDEP by 6/30/2025 with an expiration date for the grant of 12/31/2025. As the Board's June 20, 2023 approval of LGFR Grant 231R2 had not been countersigned by the FDEP prior to the additional funding being made available, the FDEP is revising the funding allocation portion of LGFR Grant 231R2 to replace the previously Board approved LGFR Grant 231R2. This revised grant is not in addition to the prior Board approved Grant. Task # Eligible Project DEP Cost Federal Estimated DEP Cost Share Local Cost Total Task Share (%) Project Costs Share 1.1 Construction — a 100/ $0.00 $2,656,800.00 $0.00 $2,656,800.00 Sector 3 Beach 1.2 Construction — 100% $0.00 $2,376,000.00 $0.00 $2,376.000.00 Sector 4 Dunes 1.3 Construction — o 100/ $0.00 $885,600.00 $0.00 $885,600.00 Sector 5 Beach 1.4 Construction — o 100/ $0.00 $1,803,600.00 $0.00 $1,803,600.00 Sector 7 Beach Total $0.00 $7,722,000.00 $0.00 $7,722,000.00 Should any of the Sectors identified in the Grant move forward with beach or dune construction related activities, such as those identified in the Grant Work plan, the costs above and beyond the Grant funding per Sector would come from potential FEMA Project Worksheets, the County's Beach Restoration Fund or the County's Optional Sales Tax Fund. FUNDING As the local match funding has been waived, County funding is not required to accept the grant funds. 251 Page 3 FDEP Revised Grant 231132 July 11, 2023 BCC Agenda Item RECOMMENDATION FDEP revision to the Board's previously approved LGFR 231R2 Grant are reflected only in the amount of the award, with the revised LGFR 231R2 Grant replacing the previously approved version. Revised LGFR 231R2 Grant increases the funding amounts awarded for the County's beach and dune repair efforts from $3,745,691.41 to $7,722,000.00 as identified in the agenda above. Terms contained within the revised grant are to be identical to the Board's previously approved version. In order to move ahead with the revised grant amounts, Staff recommends the Board authorize the County Administrator to accept FDEP's revised Grant Agreement 231R2 for up to $7,722,000.00 and sign the Agreement on behalf of the County. Following County execution, Staff will transmit the partially executed Agreement to the State for final signatures. Upon receipt of the fully executed original FDEP Grant Agreement 231R2 from the State, staff will transmit to the Clerk to the Board of County Commissioners for filing. ATTACHMENTS 1. Indian River County Revised Grant Form No. 231132 APPROVED AGENDA ITEM FOR: JULY 11, 2023 252 GRANT NAME: FDEP Indian River County 2022 Hurricane Ian and Nicole Recovery Project GRANT # 231R2 AMOUNT OF GRANT: $7,722,000.00 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering CONTACT PERSON: Eric Charest TELEPHONE: ext. 1569 1. How long is the grant for? December 31, 2025 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 0 % Expected Starting Date: November 1, 2023 YES NO X 5. Grant match amount required $0.00 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? N/A 7. Does the grant cover capital costs or start-up costs? Yes M If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ Signature of Preparer: Date: 253 Crrant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ . Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 253 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Colliers International Lease Compensation for North County Office DATE: June 29, 2023 DESCRIPTION AND CONDITIONS On November 2, 2021, the Board of County Commissioners entered into an Agreement with Colliers International Florida, LLC, (Colliers) to provide brokerage, marketing, advisory and other associated services for the sale of properties owned by the County based on the terms and subject to the conditions in the agreement. Colliers was essential in establishing a lease agreement with Five Guys in the North County Office Complex. Five Guys is currently working on renovations in the lease space. Upon review of the Original Agreement with Colliers, it was discovered that the agreement did not address compensation for lease transactions. Colliers has requested a rate of 6% for the total base rent for the initial lease term. The Original Agreement has a maximum compensation rate of 4% for the sale of County property. The initial lease is for 10 -years and the calculated value of the lease term is $480,000 for the 10 -year period. This calculation includes the first six month of rent abatement with a value of zero dollars included in the overall calculation. The total compensation for the lease term at 6% is $28,800 which staff believes is fair compensation for the work that went into the Five Guys lease agreement. Staff made an initial payment to Colliers in the amount of $14,400 (3%) and it was when the second invoice was processed it was discovered that the Agreement did not address compensation for leasing property which is different than compensation for selling or buying property. FUNDING Funding in the amount of $14,400 is available from General Fund/Facilities Management/Other Contractual Services -Sebastian Corners, Acct # 00122019-033490-17018. RECOMMENDATION Staff recommends the Board approve the compensation rate of 6% for lease agreements through Colliers International Florida, LLC. AGENDA ITEM FOR JULY 11. 2023 C\Granicus\Legistar5\L5\Temp\06a497ae-5423-4119-b665-5115M3085 ell 1 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Richard B. Szpyrka, P.E., Public Works Director FROM: Kirstin Leiendecker, P.E., Assistant Public Works Director SUBJECT: Amendment No. 2 to Work Order No. 5 with Edlund, Dritenbas, Binkley Architects and Associates for Fire Station #7 (IRC -1911) DATE: June 27, 2023 DESCRIPTION AND CONDITIONS On January 11, 2022 the Board of County Commissioners approved Work Order No. 5 with Edlund, Dritenbas, Binkley Architects and Associates, P.A. to provide design, construction documents, permitting, site plan civil engineering and survey services for the construction of the new Fire Station No. 7 in the amount of $250,440.00. Public Works is overseeing the design, permitting, and construction process for Emergency Management Services as directed by the Board several years ago. Amendment No. 1 to Work Order No. 5 to Edlund, Dritenbas, Binkley Architects and Associates, P.A. was approved in the amount of $29,445.00 by the Board of County Commissioners on February 21, 2023. Amendment No. 2 to Work Order No. 5 in the amount of $18,300.00 for additional revisions to the construction plans was requested by Emergency Management Services. The revision will include moving PPE to facility storage, providing separate A/C system for D -con and PPE, adding six (6) ceiling fans, adding floor drains, adding nine (9) swing doors to dorm spaces, removing wall separating laundry and bunker gear and adding a shower in the new D -con room. This will bring the total of Work Order No. 5 to $298,185.00. FUNDING Funding in the amount of $18,300.00 for Amendment No. 2 to Work Order No. 5 for Fire Station #7 Architectural and Engineering is available in Account No. 31512022-066510-19020. Account Name Account No. Amount Optional Sales Tax/Fire Services/FS#7 Construction 31512022-066510-19020 $18,300 C:\Granicus\Legistar5\L5\Temp\518924e9-3bf7-4dd0-92e9-810bfbff2744.docx 255 Page Two Amendment No. 2 to Work Order No July 11, 2023 BCC Meeting RECOMMENDATION Public Works recommends the Board of County Commissioners approve Amendment No. 2 to Work Order No. 5 with Edlund, Dritenbas, Binkley Architects and Associates, P.A., in the amount of $18,300.00 and authorize the Chairman to execute Amendment No. 2 to Work Order No. 5. ATTACHMENT Amendment No. 2 to Work Order No. 5 APPROVED AGENDA ITEM FOR JULY 11, 2023 256 ARCHITECTURAL SERVICES AMENDMENT NO. 2 TO WORK ORDER NO. 5 ARCHITECTURAL/ENGINEERING SERVICES FOR FIRE STATION #7 (IRC -1911) This Amendment No. 2 to Work Order Number 5 is entered into as of this day of 2023, pursuant to that certain Continuing Architectural Services Agreement for Professional Services entered into as of the 13th day of November, 2018, renewed and amended as of November 2, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Edlund, Dritenbas, Binkley Architects and Associates, P.A ("ARCHITECT"). 1. The COUNTY has selected the ARCHITECT to perform the professional services set forth in existing Work Order Number 5 effective date January 11, 2022. 2. The COUNTY and the ARCHITECT desire to amend this Work Order as set forth of Exhibit A (Scope of Work and Fee Schedule) attached to this Amendment and made part thereof by this reference. The professional services will be performed by the ARCHITECT in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS EDLUND, DRITENBAS, BINKLEY ARCHITECTS INDIAN RIVER COUNTY, FLORIDA & ASSOCIATES, INC. By: Print Name: Title: By: Joseph H. Earman, Chairman BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, Deputy County Attorney 257 L*] ■1L-.11 9jl EOLUND - ORITENBAS - BINKLEY ARCHITECTS AND ASSOCIATES, P.A. 65 Royal Palm Pointe, Ste D Vero Beach, Ft_ 32960 Ph: (772) 569-4320 Fax (772) 569-9208 June 26, 2023 TO: David Rattray RE: IRC Station #7 Proposal for Additional Services Comm. #050219VB Dear David: As per our meeting on June 22, 2023, the following revisions to completed construction documents were requested: 1. Move PPE to facility storage and add a floor drain. 2. Move D -con to lawn equipment storage along with extractor and counter sink. Add a floor drain. 3. Provide separate A/C system for D -con and PPE. 4. Provide eyewash in apparatus bay. 5. Add a man door in apparatus room, shift all three (3) overhead doors 8" to make room for door. 6. Revise three (3) overhead doors on front to glass folding doors. 7. Add six (6) large ceiling fans to the apparatus room. 8. Take out the wall separating laundry and bunker gear, converting into one room. Move AHU closet, ice machine, and washer/dryer to hall area. 9. Add access doors at new PPE and redesigned laundry, eliminate hallway #4. 10. Add two (2) floor drains to apparatus room. 11. Add shower in new D -con room. 12. Take out two (2) doors from apparatus room to restrooms. 13. Add nine (9) swing doors to nine dorm spaces. 14. Provide 1 -hour rated wall in hallway #1 and #2 and add fire rated door to kitchen. 15. Add two (2) swing doors from two vestibule spaces to apparatus room. 16. Delete all two -headed emergency lights on interior to be revised to be within light fixtures throughout. 258 EXHIBIT A In our work order #5 agreement, under section VIII Additional Services note 3) making revisions to drawings when inconsistent with instruction previously given by the owner, we are entitled to additional services at our hourly rates. The following is our hourly fee/projection to complete the revisions: Architect MEP Subtotal $12,000 Hours Hourly Rate Cost Principal Architect 30.0 $165.00 $4,950 Intern Architect 30.0 $105.00 $3,150 Tech Level I Sr. AutoCAD 40.0 $85.00 $3,400 Clerical 10.0 $50.00 500 Subtotal $12,000 Subtotal $6,300 Total Additional Services 1 $18,300 All other terms and conditions remain per work order #5. If you have any questions regarding this agreement, please call. Please initiate this agreement and return one copy to the architect to authorize commencement of additional work. An amendment to work order #5 will also need to be issued. Sincerely, John F. Binkley, A.I.A. Architect Date Accepted Owner Page 2 of 2 259 Hours Hourly Rate Cost Principal 15.0 $165.00 $2,475 Engineer 15.0 $125.00 $1,875 AutoCAD 20.0 $85.00 $1,700 Clerical 5.0 $50.00 250 Subtotal $6,300 Total Additional Services 1 $18,300 All other terms and conditions remain per work order #5. If you have any questions regarding this agreement, please call. Please initiate this agreement and return one copy to the architect to authorize commencement of additional work. An amendment to work order #5 will also need to be issued. Sincerely, John F. Binkley, A.I.A. Architect Date Accepted Owner Page 2 of 2 259 Consent INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Richard B. Szpyrka, P. E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Melissa Meisenburg, Lagoon Plan Environmental Specialist SUBJECT: Approval of FWC Grant for Indian River County Derelict Vessel Removal Project DATE: June 30, 2023 DESCRIPTIONS AND CONDITIONS The Florida Fish and Wildlife Conservation Commission (FWC) has awarded Indian River County a $31,295.00 Bulk Derelict Vessel Removal Grant to reimburse the costs associated with the removal and disposal of three (3) derelict vessels from the Indian River Lagoon and St. Sebastian River within the jurisdictional boundaries of Indian River County. Officers from FWC have investigated the vessels and determined the vessels as derelict in accordance with sections 705.101(3) and 823.11, Florida Statutes. The derelict designation from FWC allows the County to have the vessels removed and disposed of, improving boating safety and removing these hazards to navigation and the environment. FWC is preparing the grant agreement (Contract No. 22299) and will forwarded it to the County for review and execution upon completion. Outlaw Maritime, LLC has been the County's contractor in prior derelict vessel removal projects, adhering to FWC's Best Management Practices for derelict vessel removal. Outlaw Maritime, LLC has provided a cost proposal to the County of $31,295.00 to remove all three (3) currently authorized derelict vessels following the same protocols as previous removal tasks. FUNDING The cost to remove and dispose of the three (3) derelict vessels totals $31,295.00. The FWC Grant will provide the County with 100% reimbursement of the associated costs not to exceed $31,295.00. This task is budgeted for in the Florida Boating Improvement Program — Other Contractual Service Account #13321072-033490. Account Name Account No. Amount Florida Boating Improvement Program/Other Contractual Services 13321072-033490 $31,29S.00 RECOMMENDATION Staff recommends the Board of County Commissioners authorize the County Administrator to sign and execute Contract 22299 in the amount of $31,295.00 on behalf of the County upon receipt. 260 Page 2 FWC Derelict Vessel July 2023 Removal Grant July 11, 2023 BCC Meeting ATTACHMENTS FWC Grant Sample Agreement July 2023 IRC DV Removal Map APPROVED AGENDA ITEM FOR July 11, 2023 261 RECIPIENT/SUBRECIPIENT AGREEMENT STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FWC Agreement No. #XXXX Federal Grant Information CFDA Title(s): N/A CFDA No(s).: N/A Name of Federal Agency(s): N/A Federal Award No(s): N/A Federal Award Year(s): N/A Federal Award Name(s): N/A State Grant Information CSFA Title(s).: Derelict Vessel Removal Grant CSFA No(s).: 77.005: State Award No(s).: State Award Year(s): 2022-2023 State Award Name(s): This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose ad dress is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission" or "FWC," and XX XXX BOCC, EIN, whose address is, Florida, the Recipient/Subrecipient, hereinafter "Recipient", collectively, "Parties". INTRODUCTORY CLAUSES WHEREAS, Commission and Recipient intend to partner together to remove derelict vessels from the waters of the State; and, WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. TERMS OF THE AGREEMENT The Commission and the Recipient, for the considerations stated in this Agreement, agree as follows: Section 1. PROJECT DESCRIPTION. The Recipient shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A, which specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If this 262 FWC Agreement No. #XXXX agreement is the result of Recipient responses to the Commission's request for competitive or other grant proposals, the Recipient's response is hereby incorporated by reference. Section 2. PERFORMANCE. The Recipient shall perform the activities described in Attachment A in a proper and satisfactory manner. Unless otherwise provided for in Attachment A, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the Recipient. The Recipient shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Recipient shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation; the Recipient shall provide evidence of such compliance to the Commission upon request. The Recipient shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By acceptance of this Agreement, the Recipient warrants that it has the capability in all respects to fully perform the requirements and the integrity and reliability that will assure good -faith performance as a responsible Recipient. The Recipient shall immediately notify the Commission's Grant Manager in writing if its ability to perform under the Agreement is compromised in any manner during the term of the Agreement. The Commission shall take appropriate action, including potential termination of this Agreement, in the event the Recipient's ability to perform under this Agreement becomes compromised. Section 3. AGREEMENT PERIOD. Agreement Period and Commission's Limited Obligation to Pay. The Agreement shall be effective upon execution by the last Party to sign and shall remain in effect through DATE. However, if this Agreement is made pursuant to a grant award as authorized by Rule 68-1.003, F.A.C., the referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60) days, provided that approval is granted from the Executive Director or his/her designee and that it is in the best interest of the Commission and State to do so. For this Agreement, the retroactive start date was not approved. The Commission's Grant Manager shall confirm the specific start date of the Agreement by written notice to the Recipient. The Recipient shall not be eligible for reimbursement or compensation for grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement. For this Agreement, pre -award costs are not eligible for reimbursement. If necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. Section 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Contractor under the terms of this Agreement, the Commission shall pay the Recipient on a cost reimbursement basis in an amount not to exceed $. B. Payments. The Commission shall pay the Recipient for satisfactory performance of the tasks identified in Attachment A as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Commission's Grant Manager. Unless otherwise specified in Attachment A, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise specified in Attachment A, a final invoice shall be submitted to the Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 2 of 27 263 FWC Agreement No. #XXXX Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the availability of funds for payment. Further, pursuant to Section 215.971(1)(d), F. S., the Commission may only pay the Recipient for allowable costs resulting from obligations incurred during the agreement period. C. Invoices. Each invoice shall include the Commission Agreement Number and the Recipient's Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may be submitted electronically to the attention of the Commission's Grant Manager. If submitting hard copies, an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Recipient acknowledges that the Commission's Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match If this Agreement is made pursuant to a grant award as authorized by Rule 68-1.003, F.A.C., the Recipient is not required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A. E. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future appropriations but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission's Grant Manager shall notify the Recipient in writing at the earliest possible time if funds are not appropriated or available. F. Non -Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that under non-competitive procurements, a Recipient may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, Recipient warrants, by execution of this Agreement, that the amount of non-competitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S. G. Cost Reimbursement If the Compensation section indicates this is a cost reimbursement Agreement, the Recipient shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in Attachment A. To be eligible for reimbursement, costs must follow the requirements of Section 215.971, F.S. and must also be in compliance with other laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. Invoices submitted for cost reimbursement must be itemized by expenditure category as outlined in the approved Agreement budget. Additionally, the invoice must evidence the completion of all tasks required to be performed for the deliverable and must show that the Recipient met the minimum performance standards established in the Agreement. The Commission is required to maintain detailed supporting documentation and to make it available for audit purposes. By submission of the payment request, the Commission is Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 3 of 27 264 FWC Agreement No. #XXXX certifying that the detailed documentation to support each item on the itemized invoice is on file at the agency and is available for audit. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for the categories in the approved Agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. The Commission may require more detailed documentation as deemed appropriate to satisfy that the terms of the Agreement have been met. Listed below are types and examples of their supporting documentation: i. Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register or similar documentation should be submitted and maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. ii. Tuition: If the Commission determines tuition, stipends, and/or waivers are allowable costs, the payments must result from obligations incurred during the specified agreement period. Documentation must be provided to show compliance with 215.971, F. S. Examples include but are not limited to keeping timesheets/time and effort reports/logs that support the hours worked on the project or activity. If an individual for whom tuition, stipends and/or waivers are being claimed are paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. iii. Fringe Benefits: Supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the Agreement specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. a. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. iv. Travel: To the extent the Commission determines travel is an allowable cost, reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher along with supporting receipts and invoices. V. Other Direct Costs: To the extent the Commission determines other direct costs are allowable, reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). vi. In -House Charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. vii. Indirect Costs: To the extent the Commission determines that indirect costs are allowable, and the Agreement specifies that indirect costs will be paid based on a specified rate, then the calculation should be provided in the Agreement's budget breakdown. Indirect costs must be in the approved Agreement budget and the Recipient must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 4 of 27 265 FWC Agreement No. #XXXX For cost reimbursement Agreements with another State agency (including State universities): In lieu of the detailed documentation described above, alternative documentation may be submitted to substantiate the costs requested to be reimbursed. This alternative documentation may be in the form of FLAIR reports or other reports containing sufficient detail. H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, unless Attachment A specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a Recipient due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. I. Electronic Funds Transfer. Recipient agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: https://www.myfloridacfo.com/Division/AANendors/default.htm. Questions should be directed to the State of Florida's EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413 -5516 or by calling the Chief Financial Officer's Hotline, (800) 342-2762. Section 5. RETURN OR RECOUPMENT OF FUNDS A. Unobligated Funds. Pursuant to Section 215.971(1)(d) -(e), F.S., the Commission may only pay the Recipient for allowable costs resulting from obligations incurred during the agreement period, and any balance of unobligated funds that has been advanced or paid must be refunded to the Commission. Any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the Agreement must be refunded to the Commission as well. To be eligible for payment, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the above referenced laws and the Reference Guide for State Expenditures. B. Overpayments to Recipient. Pursuant to Section 215.971(l)(f), F.S., any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the Agreement must be refunded to the Commission. In the event the Recipient or its independent auditor discovers that overpayment has been made, the Recipient shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event the Commission first discovers an overpayment has been made, the Commission will notify the Recipient in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 5 of 27 266 FWC Agreement No. #XXXX balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Grant Manager and made payable to the "Florida Fish and Wildlife Conservation Commission." C. Additional Costs or Monetary Loss Resulting from Recipient Non -Compliance. If the Recipient's non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Recipient under this Agreement or any other agreement between Recipient and the Commission. In the event the discovery of this cost or loss arises when no monies are available under this Agreement or any other agreement between the Recipient and the Commission, the Recipient will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Recipient is unable to repay any cost or loss to the Commission, the Commission shall notify the State of Florida, Department of Financial Services, for resolution pursuant to Section 17.0415, F.S. Section 6. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. A. Commission Exempt from Taxes. The Recipient recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. The Recipient is placed on notice that this exemption generally does not apply to nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission's Grant Manager. B. Property Exempt from Lien. If the Agreement involves the improvement of real property titled to the State of Florida, then the following paragraph applies: The Recipient acknowledges that Property being improved is titled to the State of Florida and is not subject to lien of any kind for any reason. The Recipient shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. Section 7. MONITORING. The Commission's Grant Manager shall actively monitor the Recipient's performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and conditions are found in the Requirements of the Federal and Florida Single Audit Acts, Attachment B. Monitoring terms, conditions, and schedules may be included in Attachment A. Section 8. TERMINATION. A. Commission Unilateral Termination. The Commission may unilaterally terminate this Agreement for convenience by providing the Recipient with thirty (30) calendar days of written notice of its intent to terminate. The Recipient shall not be entitled to recover any cancellation charges or lost profits. The Recipient may request termination of the Agreement for convenience. Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 6 of 27 267 FWC Agreement No. #XXXX B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination; the Commission shall provide the Recipient with written notice of termination. C. Termination - Funds Unavailability. In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement upon no less than twenty-four (24) hours' notice in writing to the Recipient. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds and will not reallocate funds appropriated for this Agreement to another program thus causing "lack of funds." In the event of termination of this Agreement under this provision, the Recipient will be compensated for any work satisfactorily completed and any non -cancellable obligations properly incurred prior to notification of termination. D. Termination — Other. The Commission may terminate this Agreement if the Recipient fails to: 1.) comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences for default. The rights and remedies of the Commission in this clause are in addition to any other rights and remedies provided by law or under the Agreement. The Recipient shall not be entitled to recover any cancellation charges or lost profits. E. Recipient Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Recipient shall, unless the notice directs otherwise, immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, the Recipient shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section, property belonging to the Commission shall include, but shall not be limited to, all books and records kept on behalf of the Commission. Section 9. REMEDIES. A. Financial Consequences. In accordance with Sections 215.971(1)(a) & (b), F.S., Attachment A contains clearly established tasks in quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable specifies the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If the Recipient fails to produce each deliverable within the time frame specified by Attachment A, the budget amount allocated for that deliverable will be deducted from the Recipient's payment. In addition, pursuant to Section 215.971(1)(c), the Commission shall apply any additional financial consequences, identified in Attachment A. B. Cumulative Remedies. The rights and remedies of the Commission during the agreement period are in addition to any other rights and remedies provided by law or under the Contract. Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 7 of 27 268 FWC Agreement No. #XXXX Section 10. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that either Party designates a different Grant Manager after the execution of this Agreement, the Party will provide written notice of the name, address, zip code, telephone, and email address of the newest Grant Manager, or an individual authorized to receive notice on behalf of that Party, to all other Parties as soon as possible, but not later than five (5) business days after the new Grant Manager has been named. Designating a new Grant Manager shall not require a formal amendment to the Agreement. FOR THE COMMISSION: FOR THE GRANTEE: Grant Manager Jennifer Tyler Derelict Vessel Program Contract Manager Fish and Wildlife Conservation Commission 620 S. Meridian Street, Room #235I Tallahassee, Florida 32399 (850) 617-9527 Direct Jennifer.Tyler(a,)MyFWC.com Section 11. AMENDMENT. A. Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the Parties. B. Change Orders. The Commission may, at any time, by written order, make a change to this Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Recipient's cost or time shall require an Amendment. Minor changes, such as those updating a Party's contact information, may be accomplished by a Modification. C. Renegotiation upon Change in Law or Regulations. The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes in the Agreement necessary. Section 12. PROPERTY RIGHTS. If this Agreement includes Federal funds, the provisions of Sections 200.310-200.316, Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200), and any language addressing Federal rights, apply. Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 8 of 27 269 FWC Agreement No. #XXXX A. Intellectual and Other Intangible Property. i. Recipient's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically addressed in Attachment A, intellectual and other intangible property rights to the Recipient's preexisting property will remain with the Recipient. ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Recipient under this Agreement for the Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements. iii. Commission Intellectual Property Rights. Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, the Commission and the State of Florida have the unlimited, royalty - free, nonexclusive, irrevocable right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Agreement is supported by Federal funds, the Federal awarding agency reserves a royalty - free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. B. Purchase or Improvement of Real Property. This Agreement is not for the purchase or improvement of real property, therefore, the following terms and conditions do not apply. i. Federal Funds. Any Federal funds provided for the purchase of or improvements to real property are subject to the Property Standards of Sections 200.310 - 200.316, and 200.329, OMB Uniform Guidance (2 CFR 200), as amended. ii. Title. If this Agreement is supported by state funds, the Recipient shall comply with Section 287.05805, F.S. This section requires the Recipient to grant a security interest in the property to the State of Florida, the type and details of which are provided for in Attachment A. Title to state-owned real property remains vested in the state. Title to federally owned real property remains vested in the Federal government in accordance with the provisions of Section 200.312, OMB Uniform Guidance (2 CFR 200), as amended. iii. Use. Federally owned real property will be used for the originally authorized purpose as long as needed for that purpose in accordance with Section 200.311, OMB Uniform Guidance (2 CFR 200). State- owned real property will be used as provided in Attachment A. C. Non -Expendable Property. i. Non -Expendable Property Defined. For the requirements of this section of the Agreement, "non - expendable property" is the same as "property" as defined in Section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non -consumable and non -expendable nature, with a value or cost of $5,000.00 or more, and a normal expected life of one (1) year or more; hardback -covered bound books that are circulated to students or the general public, with a value or cost of $25.00 or more; and uncirculated hardback -covered bound books, with a value or cost of $250.00 or more). ii. Title to Non -Expendable Property. Title (ownership) to all non -expendable property acquired with funds from this Agreement shall be vested in the Commission and said property shall be transferred Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 9 of 27 270 FWC Agreement No. #XXX to the Commission upon completion or termination of the Agreement unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A. D. Equipment and Supplies i. Title - Equipment. Title to equipment acquired under a Federal award will vest upon acquisition in the non -Federal entity in accordance with Sections 200.313 and 200.314, OMB Uniform Guidance (2 CFR 200). ii. Title — Supplies. Title to supplies will vest in the non -Federal entity upon acquisition. Unused supplies exceeding $5,000.00 in total aggregate value upon termination or completion of the project or program are subject to Section 200.314, OMB Uniform Guidance. iii. Use — Equipment. Equipment must be used by the non -Federal entity in the program or project for which it was acquired as long as needed. Section 13. RELATIONSHIP OF THE PARTIES. A. Independent Recipients. The Recipient shall perform as an independent Recipient and not as an agent, representative, or employee of the Commission. The Recipient covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Recipient and the Commission. B. Recipient Training Qualifications. The Recipient agrees that all Recipient employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Recipient shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Recipient shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Recipient. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission's other requirements. Such refusal shall not relieve Recipient of its obligation to perform all work in compliance with the Agreement. The Commission, in coordination with the Recipient, may reject and bar from any facility for cause any of Recipient's employees, subcontractors, or agents. D. Commission Rights to Assign or Transfer. The Recipient agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Recipient. Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 10 of 27 271 FWC Agreement No. #XXXX E. Commission Rights to Undertake or Award Supplemental Contracts. The Recipient agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement. The Recipient and its subcontractors shall cooperate with such other Recipients and the Commission in all such cases. Section 14. SUBCONTRACTS. The Recipient is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. A. Authority. The Recipient shall ensure, and provide assurances to the Commission upon request, that any subcontractor selected for work under this Agreement has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Agreement. The Recipient must provide the Commission with the names of any subcontractor considered for work under this Agreement; the Commission reserves the right to reject any subcontractor. The Recipient agrees to be responsible for all work performed and all expenses incurred with the project. Any subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Recipient further agrees that the Commission shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract. The Recipient, at its expense, will defend the Commission against such claims. The following provisions apply in addition to any terms and conditions included in Attachment A. B. Recipient Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above, Recipient agrees to make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from the Commission in accordance with Section 287.0585, F.S., unless otherwise stated in the agreement between the Recipient and subcontractor. Recipient's failure to pay its subcontractors within seven (7) working days will result in a penalty charged against the Recipient and paid to the subcontractor in the amount of one-half of one percent (0.50%) of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due. C. Commission Right to Reject Subcontractor Employees. The Commission shall retain the right to reject any of the Recipient's or subcontractor's employees whose qualifications or performance, in the Commission's judgment, are insufficient. D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A above, the Recipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. Section 15. MANDATORY DISCLOSURE. These disclosures are required by State law, as indicated, and apply when this Agreement includes State funding; and by Federal law, as indicated, and apply when the Agreement includes a Federal award. Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 11 of 27 272 FWC Agreement No. #XXXX A. Disclosure of Interested State Employees. This Agreement is subject to Chapter 112, F.S. Recipient shall provide the name of any officer, director, employee, or other agent who is affiliated with this project and an employee of the State of Florida. If the Agreement includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform Guidance (2 CFR 200). Recipient must disclose, in writing, any potential conflict of interest to the Commission in accordance with applicable Federal awarding agency policy. B. Convicted Vendors. The Recipient hereby certifies that neither it, nor any person or affiliate of Recipient, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Recipient shall have a continuing obligation to disclose, to the Commission, in writing, if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the convicted vendors list maintained by the Florida Department of Management Services pursuant to Section 287.133(3)(d), F.S. i. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a Recipient, supplier, subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The State of Florida, Department of Management Services, Division of State Purchasing provides listings for convicted, suspended, discriminatory and federal excluded parties, as well as the vendor complaint list at: https://www.dms.myflorida.com/business operations/state purchasing/state agency resources/ven dor registration and vendor lists ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission, in writing, within thirty (30) days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133, F.S. iii. Vendors on Scrutinized Companies List. The Recipient certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, the Recipient agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Commission may immediately terminate this Agreement for cause if the Recipient, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Recipient, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. C. Discriminatory Vendors. The Recipient shall disclose to the Commission, in writing, if they, their subrecipient, contractor, or subcontractor, are on the Discriminatory Vendor List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 12 of 27 273 FWC Agreement No. #XXXX subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." Section 287.134(2)(a), F.S. Recipient has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. D. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Recipient has a continuing duty to promptly disclose to the Commission's Grant Manager, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the Recipient's ability to perform under this agreement. If the existence of such Proceeding causes the Commission concern that the Recipient's ability or willingness to perform the Agreement is jeopardized, the Recipient may be required to provide the Commission with reasonable assurances to demonstrate that: a.) the Recipient will be able to perform the Agreement in accordance with its terms and conditions; and, b.) Recipient and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. E. Certain Violations of Federal Criminal Law. If this agreement includes a Federal award, then in accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Recipient must disclose, in a timely manner, in writing to the Commission all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Section 16. INSURANCE. If the Recipient is a state or federal agency with self-insurance, Recipient warrants and represents that it is insured, or self-insured for liability insurance, in accordance with applicable state or federal law and that such insurance or self-insurance offers protection applicable to the Recipient's officers, employees, servants and agents while acting within the scope of their employment with the Recipient. If the Recipient is not a state or federal agency with self-insurance, then the following applies: A. Reasonably Associated Insurance. During the term of the Agreement, the Recipient, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits as may be reasonably associated with the Agreement. Providing and maintaining adequate insurance coverage is a material obligation of the Recipient, and failure to maintain such coverage may void the Agreement. The limits of coverage under each policy maintained by the Recipient shall not be interpreted as limiting the Recipient's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to write policies in Florida. B. Workers Compensation. To the extent required by Chapter 440, F.S., the Recipient will either be self-insured for Worker's Compensation claims or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project, with minimum employers' liability limits of $100,000.00 per accident, $100,000.00 per person, and $500,000.00 policy aggregate. Such policy shall cover all employees engaged in any contract work. If any work is subcontracted, the Recipient shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Recipient. Such self- insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law (Chapter 440, F.S.). In case any class of employees engaged in hazardous work under this Agreement is not Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 13 of 27 274 FWC Agreement No. #XXXX protected under Workers' Compensation statutes, the Recipient shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Recipient, for the protection of its employees not otherwise protected. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. C. General Liability Insurance. By execution of this Agreement, unless Recipient is a state agency or subdivision as defined by Subsection 768.28(2), F.S. or unless otherwise provided for in Attachment A, the Recipient shall provide reasonable and adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. A self-insurance program established and operating under the laws of the State of Florida may provide such coverage. D. Insurance Required for Performance. During the Agreement term, the Recipient shall maintain any other types and forms of insurance required for the performance of this Agreement as required in Attachment A. E. Written Verification of Insurance. Upon execution of this Agreement, the Recipient shall provide the Commission written verification of the existence and amount for each type of applicable insurance coverage. Within thirty (30) days of the effective date of the Agreement, Recipient shall furnish proof of applicable insurance coverage to the Commission's Grant Manager by standard Association for Cooperative Operations Research and Development (ACORD) form certificates of insurance. In the event that any applicable coverage is cancelled by the insurer for any reason, Recipient shall immediately notify the Commission's Grant Manager in writing of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within fifteen (15) business days after the cancellation of coverage. F. Commission Not Responsible for Insurance Deductible. The Commission shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of Recipient providing such insurance. Section 17. SPONSORSHIP. As required by Section 286.25, F.S., if the Recipient is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Recipient's name) and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Recipient's organization. Additional sponsorship requirements may be specified in Attachment A. Section 18. PUBLIC RECORDS. A. All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records that are under Chapter 119, F.S. Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 14 of 27 275 FWC Agreement No. #XXXX B. This Agreement may be unilaterally canceled by the Commission for refusal by the Recipient to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Recipient in conjunction with this Agreement, unless exemption for such records is allowable under Florida law. C. If the Recipient meets the definition of "Contractor" in Section 119.0701(1)(a) F.S., the Recipient shall comply with the following: i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 850-488-65533, RecordsCustodian(a,myfwc.com, and 620 South Meridian Street, Tallahassee FL 32399 ii. Keep and maintain public records required by the Commission to perform the service. iii. Upon request from the Commission's custodian of public records, provide the Commission 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, F.S. or as otherwise provided by law. iv. 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 Commission. v. Upon completion of the contract transfer, at no cost, to the Commission all public records in possession of the Contractor or keep and maintain public records required by the Commission to perform the service. If the Contractor transfers all public records to the Commission upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Commission, upon request from the Commission's custodian of public records, in a format that is compatible with the information technology systems of the Commission. Section 19. COOPERATION WITH INSPECTOR GENERAL. Pursuant to subsection 20.055(5), F.S., Recipient, and any subcontractor to the Recipient, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Recipient shall provide any type of information the Inspector General deems relevant to the Recipient's integrity or responsibility. Such information may include, but shall not be limited to, the Recipient's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Recipient agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Recipient's compliance with the terms of this or any other agreement between the Recipient Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 15 of 27 276 FWC Agreement No. #XXXX and the State which results in the suspension or debarment of the Recipient. Such costs shall include but not be limited to salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. Section 20. SECURITY AND CONFIDENTIALITY. The Recipient shall maintain the security of any information created under this Agreement that is identified or defined as "confidential" in Attachment A. The Recipient shall not divulge to third Parties any confidential information obtained by the Recipient or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Agreement work. To ensure confidentiality, the Recipient shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Agreement. Section 21. RECORD KEEPING REQUIREMENTS. A. Recipient Responsibilities. The Recipient shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. B. State Access to Contractor Books, Documents, Papers, and Records. The Recipient shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Recipient's books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions.. C. Recipient Records Retention. Unless otherwise specified in Attachment A, these records shall be maintained for five (5) fiscal years following the close of this Contract, or the period required for this particular type of project by the General Records Schedules maintained by the Florida Department of State (https://dos.myflorida.com/libraa- archives/records-mana eg ment/general-records-schedules/), whichever is longer. Recipient shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Recipient Responsibility to Include Records Requirements — Subcontractors. In the event any work is subcontracted under this Agreement, the Recipient shall include the aforementioned audit and record keeping requirements in all subsequent contracts. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: www.USASpending_gov. Grant recipients awarded a new Federal grant greater than or equal to $25,000.00 awarded on or after October 1, 2010, are subject to the FFATA. The Recipient agrees to provide the information necessary, over the life of this Agreement, for the Commission to comply with this requirement. Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 16 of 27 277 FWC Agreement No. #XXXX Section 22. FEDERAL AND FLORIDA SINGLE AUDIT ACT (FSAA) REQUIREMENTS. Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Recipient has been determined to be a recipient of state financial assistance and/or a subrecipient of a federal award. Therefore, pursuant to Section 215.97, F.S. and/or OMB Uniform Guidance (2 CFR 200), the Recipient may be subject to the audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Recipient shall comply with the audit requirements outlined in Attachment B, attached hereto and made a part of the Agreement, as applicable. Section 23. FEDERAL COMPLIANCE. As applicable, Recipient shall comply with all federal laws, rules, and regulations, including but not limited to: A. Clean Air Act and Water Pollution Control Act. All applicable standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Water Pollution Control Act (33 U.S.C. 1251-1387, as amended). B. Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife, fish and plants have been illegally taken, possessed, transported or sold. C. Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. This Act governs marine fisheries in Federal waters. D. Migratory Bird Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or cause to be carried by any means whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any manner, any migratory bird, or any part, nest, or egg of such bird. E. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the conservation of threatened and endangered plants and animals and the habitat in which they are found. The Act also prohibits any action that cause a "taking" of any listed species of endangered fish or wildlife. Also, generally prohibited are the import, export, interstate, and foreign commerce of listed species. Section 24. FEDERAL FUNDS. No Federal Funds are applied to this Agreement, therefore, the following terms and conditions do not apply. A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and agreed that the Recipient is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the awarding federal agency. B. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), is applicable, except as otherwise provide under 41 CFR Part 60, to any grant, contract, loan, insurance, or guarantee involving Federal assisted construction. Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 17 of 27 278 FWC Agreement No. #XXXX C. Davis -Bacon Act. Unless exempt, the Davis -Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5 is applicable to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000.00 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Under this Act, contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. Davis -Bacon Act does not apply if federal funding is solely provided by the American Rescue Plan Act (ARPA). D. Copeland "Anti -Kickback Act". The Copeland "Anti -Kickback" Act, 40 U.S.C. 3141-3148, and 3146-3148, as supplemented by Department of Labor regulations (29 CFR Part 5), is applicable to contracts awarded by a non -Federal entity in excess of $100,000.00 that involve employment of mechanics or labors. Under this Act, contractors and subrecipients are prohibited from inducing, by any mean, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. E. Contract Work Hours and Safety Standards Act Sections 103 and 107 of the Agreement Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5), are applicable to construction contracts awarded by Contractors and subcontractors in excess of $2,000.00, and in excess of $2,500.00 for other contracts which involve the employment of mechanics or laborers. Under this Act, contractors and subcontractors must compute wages of mechanics and laborers (workers) on the basis of a standard forty (40) hour work week; provide workers no less than time and a half for hours worked in excess of the forty (40) hour work week; and not require workers to work in surroundings or work conditions that are unsanitary, hazardous, or dangerous. F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement' under 37 CFR 401.2(a) and the Recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under the "funding agreement," the Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. G. Energy Efficiency. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871) applies. H. Debarment and Suspension Contractor Federal Certification. In accordance with Federal Executive Order 12549 and 2 CFR Part 1400 regarding Debarment and Suspension, the Contractor certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Contractor shall not knowingly enter into any lower tier Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 18 of 27 279 FWC Agreement No. #XXXX contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. I. Prohibition against Lobbying. i. Recipient Certification — Payments to Influence. The Recipient certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. The Recipient also certifies that they have not engaged any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of the Recipient with respect to this Contract and its related federal contract, grant, loan, or cooperative agreement; or, if the Recipient has engaged any registrant with respect to this Contract and its related Federal contract, grant, loan, or cooperative agreement, the Recipient shall, prior to or upon execution of this Contract, provide the Commission Contract Manager a signed declaration listing the name of any said registrant. During the term of this Contract, and at the end of each Calendar quarter in which any event occurs that materially affects the accuracy of this certification or declaration, the Recipient shall file an updated declaration with the Commission's Contract Manager. If any non-federal funds are used for lobbying activities as described above in connection with this Contract, the Recipient shall submit Standard Form -LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The Recipient shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. ii. Recipient — Refrain from Subcontracting with Certain Organizations. Pursuant to the Lobbying Disclosure Act of 1995, the Recipient agrees to refrain from entering into any subcontracts under this Contract with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. J. Compliance with Office of Management and Budget Circulars. As applicable, Recipient shall comply with the Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200). K. Drug Free Workplace. Pursuant to the Drug -Free Workplace Act of 1988, the Recipient attests and certifies that the Recipient will provide a drug-free workplace compliant with 41 U.S.C. 81. L. American Rescue Plan Act of 2021 (ARPA). If this Agreement relies on ARPA federal funds, then the following shall apply: i. For Contracts executed prior to April 3, 2022, Contractors shall provide a Data Universal Number System (DUNS) number to the Commission within two weeks of Contract execution or prior to payment, whichever comes first. ii. For Contracts executed on or after April 4, 2022, Contractors shall provide a Unique Entity Identifier EI to the Commission within two weeks of Contract execution or prior to payment, whichever comes first. Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 19 of 27 280 FWC Agreement No. #XXXX iii. Public Law 117-2, American Rescue Plan Act of 2021, Title XI -Committee of Finance Subtitle M; Section 9901. iv. Coronavirus State Fiscal Recovery Fund (SFRF) (31 CFR Part 35). V. US Department of Treasury, Compliance and Reporting Guidance State and Local Recovery Funds, as amended. M. Build America, Buy America (BABA) provision of the Infrastructure Investment and Jobs Act (IIJA) of 2021. (117 P.L. 58) If federal funds are awarded to be used in this Contract for any project involving construction, alteration, maintenance, or repair of infrastructure in the United States, and if the project involves infrastructure as defined by §70912(5) of BABA, which includes, but is not limited to: • roads, highways, and bridges; • public transportation; • dams, ports, harbors, and other maritime facilities; • intercity passenger and freight railroads; • freight and intermodal facilities; • airports; • water systems, including drinking water and wastewater systems; • electrical transmission facilities and systems; • utilities; • broadband infrastructure; and • buildings and real property; then i. All iron and steel, manufactured products, and construction materials used in the project must be produced in the United States; ii. The BABA provision applies to all articles, materials, and supplies consumed in, incorporated into, or affixed to an infrastructure project for federal awards on or after May 14, 2022. iii. All subcontractors, successors, or assignees to this Contract will be held to the same requirements as the original parties to this Contract. iv. The BABA provision does not apply to tools, equipment, and supplies brought to the construction site and removed at or before completion of the infrastructure project. Nor does the BABA provision apply to equipment and furnishings used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 20 of 27 281 FWC Agreement No. #XXXX Section 25. AGREEMENT -RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the performance of this Contract is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2), F.S., the following statement applies: It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from [PRIDE] in the same manner and under the same procedures set forth in Subsections 946.515(2) and (4), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about PRIDE and the products it offers is available at htW://www.pride-entgMrises.ore. B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service required for the performance of this Contract is on the procurement list established pursuant to Subsection 413.035(2), F.S., the following statement applies: It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for purposes of this contract, the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at hgp://www.respectofflorida.org. C. Procurement of Recycled Products or Materials. Contractor agrees to procure any recycled products or materials which are the subject of or are required to carry out this Contract in accordance with Section 403.7065, F.S. Section 26. PROFESSIONAL SERVICES. A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this Agreement is for the acquisition of professional architectural, engineering, landscape architectural, or registered surveying and mapping services, and is therefore subject to Section 287.055, F.S., the following provision applies: The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this contract and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 21 of 27 282 FWC Agreement No. #XXXX registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. B. Termination for Breach. For the breach or violation of this provision, the Commission shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 27. INDEMNIFICATION. If the Recipient is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., or as a governmental entity as defined in Subsection 287.012(14), F.S., neither Party indemnifies nor insures the other Party for the other Party's negligence. If Recipient is not a state agency or subdivision as defined above, Recipient shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Recipient, its agents, employees, partners, or subcontractors, provided, however, that Recipient shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Commission. If this is a Professional Services Agreement as defined in Subsection 725.08 F.S., then notwithstanding the provisions of Subsection 725.06 F.S., the design professional shall only be liable for, and fully indemnify, defend, and hold harmless the State, the Commission, and their officers, agents, and employees, for actions caused in whole or in part, 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 Agreement. Section 28. NON-DISCRIMINATION. No person, on the grounds of race, color, religion, gender, pregnancy, national origin, age, handicap, or marital status, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. Section 29. MEDIATION. In the event of any claim or dispute arising by or between the Commission and the Recipient, each party shall continue to perform as required under the Agreement, notwithstanding the existence of such claim or dispute, it being acknowledged that time is of the essence. This provision includes, but is not limited to, the obligation to continue to perform under the Agreement notwithstanding disputes as to amounts due for payment hereunder. Except for any claim, dispute, or matter in question that has been waived by the acceptance of final payment, or that is otherwise barred by the applicable statute of limitations or other provision of law, any claim, dispute, or other matter in question arising out of, or relating to, the Work or the Agreement or the breach thereof, shall be first submitted to non-binding mediation by a single mediator in Tallahassee, Florida The party making a claim or dispute shall notify the other in writing of its claim or dispute within ten working days of the event giving rise to the claim or dispute. i. Such notice shall give the other party ten working days from receipt of the notice to respond in writing. Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 22 of 27 283 FWC Agreement No. #XXXX ii. If the party initiating such notice is not satisfied with the response, then it shall invoke this clause initiating non-binding mediation by sending a demand for mediation in writing to the other party within seven (7) days. iii. The parties have two weeks after notice to agree in writing upon a mediator. iv. If the parties cannot agree upon a Florida Supreme Court certified mediator, then the parties shall request the Chief Judge of the Second Judicial Circuit in Leon County, Florida, to appoint a Florida Supreme Court certified mediator. a. The mediator's fees shall be born equally by the parties involved in the mediation and shall pay all of its own attorneys' fees and expenses related to the mediation unless otherwise agreed. b. Unless otherwise agreed by the parties in writing, such mediation shall take place within forty- five (45) days of the appointment of, or agreement to, the mediator if the mediator's schedule so allows. c. The terms of this Agreement and any dispute relating thereto will be governed by the laws of the State of Florida, any litigation will be brought in the state or federal court in and for Tallahassee, Florida, and you agree to submit to the exclusive jurisdiction of the state and federal courts located in and for the Leon County, State of Florida. d. All parties agree to negotiate in good faith in an effort to settle any dispute. All parties shall have a representative present at mediation with the authority to settle the case. V. Any resolution achieved at mediation shall be set forth in a written settlement agreement. vi. The Recipient shall require all the dispute resolution provisions and requirements set out in this Section in each contract it makes with any Subcontractor, material supplier, equipment supplier, or fabricator. vii. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations, or otherwise. Unless otherwise agreed in writing, the Recipient shall carry on the Work and maintain its performance of this Agreement during any claim, dispute, or mediation. If any matter sought to be mediated by the Commission or the Recipient involves a claim or other matter by or against the Consultant, any Subcontractor, any Separate Contractor, or any other third party, or any such entity is reasonably necessary to be joined in the mediation to permit a full and complete disposition of the dispute submitted hereunder, then the Consultant, Subcontractor, Separate Contractor or third party shall be joined by personal service of the notice demanding mediation. Such termination of the mediation shall not preclude any party from commencing any judicial proceeding in a court of competent jurisdiction in Leon County, Florida, providing the claims sought to be decided are not otherwise barred. Any demand for mediation and any answer to such demand must contain a written statement of each claim alleged and the dollar amount in controversy sought in each claim. Should mediation fail to resolve the claim submitted, the parties may then proceed to seek applicable remedies at law. Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 23 of 27 284 FWC Agreement No. #XXXX The agreement to mediate set forth in this Section shall apply to, and become part of, any Subcontract, any contract into which these General Conditions are incorporated by reference or otherwise, and the parties to such contract shall mediate all disputes arising out of, or in any way relating to, that contract or the Project in accordance with the provisions of this Section. Section 30. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida. Florida law governs this Agreement, all agreements arising under or out of this Agreement, and any legal action or other proceeding of any kind designed to resolve a dispute that arises out of or relates to this Agreement. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If a court or other tribunal finds any provision of this Agreement unenforceable as written, the unenforceable provision(s) shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision and the remaining provisions of this Agreement. The parties have selected the Second Judicial Circuit in Leon County, Florida, as the mandatory and exclusive forum for resolving any dispute, in law or equity, that arises out of or relates to the parties' transactions. By signing this Agreement, Recipient affirms that Recipient considers the Second Judicial Circuit to be a fair and convenient forum for any legal action or other proceeding of any kind designed to resolve such a dispute. The Recipient will not initiate in any other forum a legal action or other proceeding to which this provision applies. Section 31. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement, including but not limited to any claim by the Recipient of quantum meruit. Section 32. NO THIRD -PARTY RIGHTS. The Parties hereto do not intend, nor shall this Agreement be construed, to grant any rights, privileges or interest to any person not a party to this Agreement. Section 33. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the Recipient of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Recipient knowingly employs unauthorized aliens. Section 34. EMPLOYMENT ELIGIBILITY VERIFICATION (E -VERIFY). A. Requirement to Use E -Verify. Section 448.095(2) Florida Statute requires the Contractor to: 1.) utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Contract term; and 2.) include in all subcontracts under this Contract, the requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 24 of 27 285 FWC Agreement No. #XXXX B. E -Verify Online. E -Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. The Department of Homeland Security's E -Verify system can be found online at hgps://www.e-verify.jzov. C. Enrollment in E -Verify. As a condition precedent to entering a Contract with the Commission, Contractors and Subcontractors shall register with and use the E -Verify system. Failure to do so shall result in the Contract not being issued, or if discovered after issuance, termination of the Contract. D. E -Verify Recordkeeping. The Contractor further agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Contractor's enrollment in the program. This includes maintaining a copy of proof of the Contractor's and subcontractors' enrollment in the E -Verify Program. If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. E. Employment Eligibility Verification & Compliance. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Contract and the Commission may treat a failure to comply as a material breach of the agreement. If the Commission terminates the Contract pursuant to Section 448.095(2)(c) Florida Statute, the contractor may not be awarded a public contract for at least 1 year after the date on which the contract was terminated and the Contractor is liable for any additional costs incurred by The Commission as a result of the termination of this Contract. Section 35. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay Recipient believes is excusable under this paragraph, Recipient shall notify the Commission's Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Recipient could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Recipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE THE RECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Recipient of its decision in writing. No claim for damages, other than for an extension of time, shall be Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 25 of 27 286 FWC Agreement No. #XXXX asserted against the Commission. Recipient shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Recipient shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in which case, the Commission may do any or all of the following: (1) accept allocated performance or deliveries from Recipient, provided that Recipient grants preferential treatment to the Commission with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Recipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate the Agreement in whole or in part. Section 36. TIME IS OF THE ESSENCE. Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional deadlines for performance for Recipient's obligation to timely provide deliverables under this Agreement including but not limited to timely submittal of reports, are contained in Attachment A. Section 37. MEDIA REQUESTS. Recipients shall refer all requests by the media or public relations personnel to the Commission's Grant Manager. Recipients must submit a written request for permission before consulting with the media and the Commission will provide consultation and talking points. Recipients will not issue news releases, respond to questions, or make statements on behalf of the Commission or its partners without prior direction and the Commission's written approval. Production and filming requests related to this Agreement shall be processed through the Commission only. Section 38. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail: this Agreement and its attachments, the terms of the solicitation and the Recipient's response to the solicitation. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 26 of 27 287 FWC Agreement No. #XXXX SIGNATURES IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. RECIPIENT EXECUTION SIGNATURE COMMISSION EXECUTION SIGNATURE Entity Name Florida Fish and Wildlife Conservation Commission Recipient Signature Executive Director (or Designee) Signature Print Name Print Name Title Title Date Date ATTACHMENTS Attachments in this Agreement include the following: • Attachment A, Scope of Work • Attachment B, Requirements of the Federal and Florida Single Audit Acts - Exhibit 1, Federal and State Funding Detail • Attachment C, Derelict Vessel Removal Best Management Practices • Attachment D, Letter of Return on Investment for the State • Attachment E, Sample Invoice Form • Attachment F, Monthly Progress Report • Attachment G, Certificate of Completion • Attachment H, Grantee's Required Documentation Submission List • Attachment I, DV Grant Monitoring Guidelines Recipient/Subrecipient Agreement Last Revised: 3.8.2022 Page 27 of 27 288 r F'����C2C� N�0042 Map ID FWC Case Number Vessel Description Registration Number 23 -DV -2 FWf 1. r ... t f 313•.• 33'Avanti D01037LW FWC220N009951 !).i P �¥ ti t � " S . 6y Y t:F C.220 00881 4 g rif x t a Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: June 28, 2023 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, PE, Manager, Capital Projects Prepared by: Robert J. Tobar, EI, Utility Design Engineer Subject: North Sebastian Phase II Water and Sewer Project FDEP Cost -Share Funding Agreement (LPQ 0019) Time Extension Background: The Indian River County Department of Utility Services (IRCDUS) is undertaking a multi -phase Septic to Sewer (S2S) program to convert residential and commercial properties on septic systems to connect with the IRCDUS sewer network. The North Sebastian Phase II Water and Sewer Project is a current project in this S2S program, consisting of approximately 200 parcels. It involves installing centralized water and sewer to certain properties off Roseland Road between 128`h Court and 135`h Lane, portions of Ercildoune Heights, and properties along Ruffner Lane. In 2020, IRCDUS submitted a Florida Department of Environmental Protection (FDEP) Water Protection grant application for the North Sebastian Phase II Water and Sewer project. Indian River County was awarded $3,250,000 after the original grant agreement and Amendment No.1 to LPQ 0019 were executed. It is the intent to use the FDEP grant of $3,250,000 to cover a portion of water costs and the majority of sewer costs associated with the public -side infrastructure. IRCDUS has two other executed grants for this project: St. Johns River Water Management District (SJRWMD) grant up to $1,346,517.00 for 33% of eligible costs, and an Indian River Lagoon National Estuary Program (IRLNEP) grant of $204,017.69. On April 20, 2021, the Board of County Commissioners (BCC) awarded North Sebastian Phase II Water and Sewer Project to Centerline, Inc. The public infrastructure portion of the project is complete, and the project is now undergoing the private -side (customer) connections. Discussion: IRCDUS is seeking additional time to allow submittal of grant reimbursements after completion of the private -side connections. This time extension benefits IRCDUS as it will allow time to complete project closeout and assess the total costs for public -side construction and private -side connection before submittal of grant reimbursement. Page 1 of 2 290 On June 8, 2023, FDEP forwarded LPQ0019 Amendment 3 for execution, which will extend the grant deadline from September 29, 2023, to December 31, 2023. This time -extension adds no cost to the project. Funding: No funding is required for this item. Recommendation: Staff recommends the Board of County Commissioners authorize the Director of Utility Services to sign the Florida Department of Environmental Protection Grant Agreement LPQ0019 Amendment 3 and all necessary documents in order to effectuate the grant time extension. Attachments: LPQ0019 Amendment 3 Page 2 of 2 291 AMENDMENT NO.3 TO AGREEMENT NO. LPQ0019 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN RIVER COUNTY This Amendment to Agreement No. LPQ0019 (Agreement), as previously amended, is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Indian River County (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for North Sebastian Phase II Water and Sewer Project for Indian River County (Project), effective July 2, 2022; and, WHEREAS, the Grantee has requested an extension of the Task Timelines in the Agreement to accommodate Grantee invoicing; and, WHEREAS, the Department has agreed to the no -cost extension to complete the project; and, WHEREAS, other changes to the Agreement are necessary. NOW THEREFORE, the parties agree as follows: Section 3. of the Standard Grant Agreement is hereby revised to change the Date of Expiration to December 31, 2023. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. Attachment 3, Project Timeline and Budget Detail, is hereby deleted and replaced with the following: PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task No. Task Title Budget Category Budget Amount Task Start Date Task End Date 1 Construction of Gravity Sewer Contractual Services $2,500,000 07/01/2019 09/30/2023 2 Construction of Water Main Contractual Services $750,000 07/01/2019 09/30/2023 Total: $3,250,000 i i All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LPQ0019, Amendment No. 3, Page 1 of 2 292 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. IiNiN7iWH:1►y:3 3V-611ft � I iVA ILE Authorized Signature Sean Lieske, Director of Utility Service Print Name and Title Date: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or Designee Angela Knecht, Division Director Print Name and Title Date: Emily Lang, Acting DEP Grant Manager Amanda Peck, DEP QC Reviewer DEP Agreement No. LPQ0019, Amendment No. 3, Page 2 of 2 293 Consent Item' , Indian River County, Florida Department of Utility Services Board Memorandum Date: June 28, 2023 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, PE, Manager, Capital Projects Prepared by: Robert J. Tobar, EI, Utility Design Engineer Subject: Revision to Amendment No. 1 to Centerline, Inc. for West Wabasso Septic to Sewer Phase 3B Project Background: The Indian River County Department of Utility Services (IRCDUS) is undertaking a multi -phase Septic to Sewer (S2S) Program to convert residential and commercial properties on septic systems to connect with the IRCDUS sewer network. The current phase of the S2S Program comprises the West Wabasso Phase 3 S2S project, which originally included all the work associated with 58th Court, 59th Avenue, and 61st Drive. Due to difficulties with location (siting) for a new lift station on 61st Drive, Phase 3 was divided into two (2) phases, Phase 3A and Phase 36, which contained the lift station. Grants from St. Johns River Water Management District (SJRWMD) and Florida Department of Environmental Protection (FDEP) were obtained for the entire project. Both grants imposed strict deadlines for completion of the project. On September 13, 2022, the Board of County Commissioners (BCC) awarded Bid 2022050 West Wabasso S2S Phase 3B to Centerline, Inc. (Centerline) in the amount of $1,403,350.48. On January 17, 2023, the BCC approved the West Wabasso Phase 3 funding status and direction for a then estimated construction public -side only cost of $2,858,344.26. On June 20, 2023, the BCC approved Amendment No. 1 to Centerline, Inc. for the construction of Phase 3A in the amount of $1,012,526.77, that if executed, would set the total construction cost (36 plus 3A) to $2,415,877.25. Since then Centerline, Inc., discovered an omission in engineer's opinion of probable cost (OPC) for Phase 3A, prepared by Bowman Consulting, serving as the engineer of record,(EOR). The omission was the lift station -related costs of $355,650 that was listed but not included in the OPC total. With the correction, the revised total cost of Phase 3A would be $1,368,176.77, thereby bringing the total for 3B and 3A to $2,771,527.25. Discussion: Centerline has agreed to the revised OPC for 3A in the amount of $1,368,176.77, and has signed the attached Change Order 1. To help ensure that IRCDUS meets the grant completion deadline of March 29, Page 1 of 2 294 Consent Item 2024, staff would like to execute the revised Amendment No. 1, increasing the $1,012,526.77 previously approved by the BCC, by $355,650 for a new amount of $1,368,176.77. If executed, the new total construction cost for Phase 3B and Phase 3A would be $2,771,527.25, which is less that the previously expected cost of $2,858,344.26 presented to the BCC on January 17, 2023. Funding: Funds for this project are derived from two (2) grants that are being used to fund West Wabasso S2S Phases 3A and 3B construction costs: 1) St. Johns River Water Management District (SJRWMD) grant up to $1,250,000.00 for 77% of eligible costs, and; 2) Florida Department of Environmental Protection (FDEP) grant up to $1,568,492.00 on a 50% matched basis. Both grants will come from the Impact Fee/WIP/West Wabasso Sewer Phase 3 account, number 472-169000-21512. IRCDUS anticipates using $220,026.14 from SJRWMD grant and $1,148,150.55 from FDEP grant to cover the costs of Phase 3A, totaling $1,368,176.77. Funding Source Account Name Account Amount Number SJRWMD Water Management $220,026.14 District Grant Impact Fee/WIP/West Wabasso Sewer Phase 3 472 -169000 - 21512 Florida Department of $1,148,150.63 Environmental Protection Grant Total $1,368,176.77 Recommendation: Staff recommends the Board of County Commissioners approve the Revision to Amendment No.1 to Centerline, Inc. in the amount of $1,368,176.77, which would effectively add both Phase 3A and 313 construction costs under one agreement, and authorize the Chairman to execute it, after review and approval of the required amendment to the public construction bond. So long as there are no changes in the dollar amount under the revised Work Order, upon adequate completion of the work set forth in the Work Order, staff is directed to make final payment and release any retainage to Centerline, Inc., after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: • Change Order No. 1 • Amendment 1 to Centerline Agreement Page 2 of 2 295 OPINION OF PROBABLE COST Change Order #1- West Wabasso Septic to Sewer Phase 3A - 61st Drive BOWMAN PROJECT No: 010514-01-013 June 29, 2023 SUBMITTED TO: Indian River County Department of Utility Services Vero Beach, Florida 32960 BY: BOWMAN CONSULTING GROUP,.LTD 4450 West Eau Gallie Blvd, Suite 144 Melbourne, Florida 32964 (321) 255-5434 Cert. of Authorization 30462 - Item No. Description Quantity Unit Unit Prh r - Tp>al Item Cost Construct County Lift Station, Complete and Operable. Furnish Pumps Package and Dataflow System. Pump package will include pumps, cables, guide rails and assemblies, float assembly, anchor bolts and washers and nuts, lifting baits, SS 1 nipples and elbows, float switches, hatch covers, duplex 1 IS 00 control panel, SS base plates and spare parts, concrete driveway and housekeeping pad. The price to include Dataffow equipment with the spare Telemetry Control Unit tfCU) Supply spare parts per IRCDUS Construction Standards - - Section 10, ... 2 Gra Sewer -i' FIIC "*A ` . 3 _. Gravity Sewerr.i' : ... ...�f!i � i,F � , . . !�(E.�Si � : - $3 . . .'. 4 - _ _ 1D- IV S Sewer 4" 6: Sewer 1*#-r0"e,Witt Cleo biQ. _ 9 1 'Yi4SUNIN B 6tandard'llrgxa#PUfi •20'(x'. 1 A_ i5 0 Standard Manholes iN -12' {5' Dia.) 2 LA $r 19 Sanitary Force Main 4" DR 18 PVC it Wastewater Mi Pipe Fittings, Ductile IrMA11ShM m TM $14,75977 iii - Gate Valve, 4" dia. wJ Box and Conc. Pad iA 23 12N 4" Tapping Sleeve & Gate Valve w1I11*x*Cw. Mad - : 1 EA 59,065,66: 59,065.;66 20 Asphaltic Concrete, Superpave (Traffic C) Per FDOT Spec 334 370 TOM,SlIMN ' ' SM98340 ' is ftm(fib(8-inches)-FDOTSpat-. 2J - —%W . '! •, iif,1.3't41� "41lbbifized Subgrade (12 -inches)- Per FDtrrSpee 710 IV 17. 6" Double Yellow Per FDOT Spec 711-8 1$ _ 24" White Per FDOT Spec 711 -8 - Raised Pavement Markers (RPWs)—CYlatk,JWT11pMl±'IiNtt'. 20 IIA - r FOOT Spec 706 q- .. Sign - Object Marker, Type 4 IOM4 3) with"BCllttiAllaitlgijRd20 FA $250.00 - - Post per FOOT Spec. 705 - � - 21 Import Fill Per FDOT Spec 120 23' Restoration (Sod) SY $3131 23 Testing of Gravity Mains (TV & Exfiltration) '1,2'16 LFS2'.Ai4Y#,¢, - 24 Stake -Out Survey 1 LS 1 35 As•buth5urvey2:. 3i,1L715 36 Erosion & Sediment Control : 1 kr : 1 - .27 Mobilization, Demobilization, MOT (See Seetion@iN% .. 1:. 'L3 SBO 560,000,64 _ Pubi.ic Construction Bond: $18,451.77 Estimated Project Tt7WG1iill: $1,368,116,77 : .. The opinion of cost, above, is based on West Wabasso Phase 38 contract prices provided by Centerline Construction, Itis true and accurate to the best of my knowledge; however, - actual construction cost rniyvary* Digitally signed by John M, Boyer Reason: Engineer's Seal t Contact Into: r' jboyer@bowman.eom Date: 2023.06,29 16:13:44-04'00' 296 . CHANGE ORDER No. 1 PROJECT: West Wabasso Septic to Sewer Phase 3 DATE OF ISSUANCE EFFECTIVE DATE OWNER Indian River County OWNER's Contract No. 2022050 Project No. UCP 4155 CONTRACTOR Centerline Inc. I ENGINEER Bowman Consulting Group, Ltd. You are directed to make the following changes in the Contract Documents: Description: Increase unit quantities as described in the attached OPC. Reason for change order: Add Phase 3A (6155 Drive) to the contract. Attachments: Phase 3A OPC CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Times $ 1,403,350.48 Substantial Completion: April 22, 2023 Final Payment: June 21, 2023 Days or dates Net changes from previous Change Orders Net change from previous Change Orders No. to No. No. to No. $ 0 (zero) 0 (zero} days Contract Price prior to this Change Order Contract Time prior to this Change Order $ 0 Substantial Completion: April 22, 2023 Final Payment: June 21, 2023 Days or dates Net Increase (decrease) in this Change Order Net Increase in this Change Order $1,368,176.77 Substantial: 390 days / Final: 360 days days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 2,771,527.25 Substantial Completion: May 16, 2024 Final Payment: lune 15, 2024 Days or dates RECOMMENDED: nawmr .�v�w-.wm+a ��m+aa� ,. D— Mtl }p1916'1lJ! W'Y! By. Engineer: John M. Boyer, P.E. Bowman Consulting Grp, Ltd Date: APPROVED: By. Owner: Sean Lieske IRC Dept. of Utility Services Date: ACCEPTED: 1 B Co ractor: Spencer Weiner Centerline, Inc. Date: L)(,- 3c> 7-3 EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. 297 FIRST AMENDMENT TO WEST WABASSO SEPTIC TO SEWER PHASE 3B AGREEMENT THIS FIRST AMENDMENT TO WEST WABASSO SEPTIC TO SEWER PHASE 3B AGREEMENT ("First Amendment") is entered into as of the _ day of July, 2023 by and between Indian River County, a political subdivision of the State of Florida, hereinafter referred to as the "OWNER", and Centerline, Inc., hereinafter referred to as "CONTRACTOR". RECITALS WHEREAS, on September 13, 2022, OWNER and CONTRACTOR entered into the West Wabasso Septic to Sewer Phase 3B Agreement "Agreement" for constructing a new gravity sanitary sewer system to serve the West Wabasso areas generally along 58t'' Court and 59' Avenue south of CR 510; and WHEREAS, OWNER and CONTRACTOR, due to time restraints under existing grants, desire to amend the Agreement to include construction of a new gravity sanitary sewer system to serve the West Wabasso areas generally along 61St Drive, north of CR 510 under the same price schedule, excluding mobilization, demobilization and MOT, and the same timeline as set forth in the Agreement. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. Article 1 WORK amended. Article 1 WORK of the Agreement is hereby amended to add the following: Construction of a new gravity sanitary sewer system to serve the West Wabasso areas generally along 61' Drive, north of CR 510. The project will include approximately 150 LF of roadway extension, 1,134 LF of gravity sewer main, 1,260 LF of sanitary force main, five manholes; a lift station and related valves, fittings, laterals, services, and restoration of trenches and roadway. Owner has assigned West Wabasso Phase 3A — Project ID (PID) 21.21.512A. CONTRACT TIMES. The Work described in Section 2 above, will be performed under the same Contract Times terms as set forth in the Agreement, but based on a substantial completion date 390 days after the original substantial completion date (May 16, 2024) and 360 days after original final completion date (June 15, 2024). shall be 61 days te 270 days and fifnes fer- Fina4 Gempletien shall be 271 days te 300 days with the times deteFmiaed by the isstmaee e -f4 --A- *A- fAV- th ....L sot f ,.th i this First Amendment. ent CONTRACT PRICE. The Contract Price for the work described in Section above will be in the amount of $1,368,176.77. 5. All other provisions of the Agreement shall remain in full force and effect and those terms will apply to the work described in Section 2 above. Page I of 2 298 IN WITNESS WHEREOF, OWNER and CONTRACTOR have executed this First Amendment this _ day of July, 2023. OWNER: INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Clerk of Court and Comptroller (SEAL) Designated Representative: Name: RobertTobar Title: Utilities Design Engineer Contact Info: (772) 226-1801 rtobar@ircgov.com Page 2 of 2 CONTRACTOR: CENTERLINE, Inc. By: Centerline, Inc. (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 299 AD Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: June 20, 2023 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, PE, Manager - Capital Projects Prepared by Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Work Order #1 - West Regional Wastewater Treatment Facility Effluent Reject System Descriptions and Conditions: Indian River County Department of Utilities Services (IRCDUS) owns and operates the West Regional Wastewater Treatment Facility (WRWWTF), a 6 -MGD Annual Average Daily Flow activated sludge facility. Treated effluent from the WRWWTF currently flows via gravity from the chlorine contact basins (CCB) to an intermediate pump station (IPS), where it can be pumped to the reclaim system or gravity flow to the rapid infiltration basins (RIBS) or the wetlands. The IPS also receives reclaim water flows from the South Regional Wastewater Treatment Facility (SRWWTF). Florida Senate Bill 64 (SB64) requires IRCDUS to eliminate nonbeneficial surface water discharge to the golf courses and treatment wetlands. Accordingly, IRCDUS desires to undertake the subject project, to construct process improvements to re -direct non -spec treated effluent, or "reject water," from the wetlands to the RIBS. Analysis: At the request of IRCDUS staff, Kimley-Horn and Associates (KHA) prepared the attached Work Order No.1 proposal for the professional engineering services for design, permitting, bid and construction phase services associated with the proposed reject water improvements for the WRWWTF. KHA will design piping improvements to facilitate installation of valves on two (2) 30 -inch mains that exit the IPS. Two (2) additional valves will be installed to control the flow between the RIBS and wetlands. KHA will also design slab on grade to support the motor actuators as well as design replacement of the RIB disposal piping. Funding: Expenses for this project, in the amount of $151,343, will be recorded in the operating capital account Utilities/WIP/WWWTF Effluent Reject System, number 471-169000-23539. Since this is an operating capital project, the funds will come from fund balance. Operating funds are derived from water and sewer sales. Description Account Number Amount Utilities / WIP / WWWTF Effluent Reject System 471-169000-23539 $151,343.00 F:\Utilities\UTILITY - Engineering\Projects -Utility Construction Permits\IRC -North Sebastian S2S (M&M)\Agenda Items\Phase II\Final Pay to M&M 300 Consent Item Recommendation: Staff recommends that the Board of County Commissioners approve Work Order No.1 with Kimley-Horn and Associates, Inc. in the amount of $151,343.00 to provide design, permitting, bid and construction phase services, and authorize the chair to execute the same. So long as there are no changes in the dollar amount under the work order, upon adequate completion of the work set forth in the work order, staff is directed to make final payment and release any retainage to Kimley-Horn and Associates, Inc., after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: Work Order #1— West Regional Wastewater Treatment Facility Effluent Reject System F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - North Sebastian S2S (M&M)\Agenda Items\Phase II\Final Pay to M&M 301 WORK ORDER 1 This Work Order Number 1 is entered into as of this _ day of , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Hom and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Print Name: Jason R. Lee, P.E. Title: Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman BCC Approval Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller 0 By: Deputy Clerk John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 302 EXHIBIT #A Indian River County Department of Utility Services West Regional Wastewater Treatment Facility (WRWWTF) Effluent Reject System Project ID 23.23.539 PROJECT UNDERSTANDING Indian River County Department of Utilities Services (IRCDUS) owns and operates the West Regional Wastewater Treatment Facility (WRWWTF), a 6 -MGD Annual Average Daily Flow activated sludge facility. Treated effluent from the WRWWTF currently flows via gravity from the Chlorine Contact Basins (CCB) to an Intermediate Pump Station (IPS), where it can be pumped to the reclaim system or gravity flow to the Rapid Infiltration Basins (RIBS) or the wetlands. The IPS also receives reclaim water flows from the South Regional Wastewater Treatment Facility (SRWWTF). Florida Senate Bill 64 (SB64) requires IRCDUS to eliminate nonbeneficial surface water discharge to the golf courses and treatment wetlands. Accordingly, IRCDUS desires to construct process improvements to re -direct non -spec treated effluent, or "reject," from the wetland to the RIBs. The following scope of services details the professional engineering services for design, permitting, bid and construction phase services associated with the proposed reject water improvements for the WRWWTF. SCOPE OF SERVICES Task 1— Design Consultant will attend one (1) project kickoff meeting with IRCDUS staff. Consultant will prepare meeting minutes and distribute to the project team. Consultant will design piping improvements to facilitate installation of electrically actuated valves on the two (2) 30 -inch mains that exit the IPS. Two (2) motor actuated butterfly valves will be installed to control the flow between the RIBs and the wetlands. Consultant will design piping improvements and slab on grade to support the motor actuators. Consultant will design replacement of the RIB disposal piping. Consultant will design pipe sizes, material, and layout for each of the yard piping components. Approximately 700 linear feet of piping improvements are anticipated. Consultant will prepare drawings and specifications for the reject improvements. Design documents will consist of construction plans, technical specifications, and opinion of probable construction costs (OPCC). Deliverables will be prepared and K:\WPB_Civil\General\Black\Florida\IRCU\WRWWTF Reject Improvements\20230615 -)WRWWTF Reject.doc 303 submitted at the preliminary (-75%) and final (bidding) design intervals. We anticipate approximately twenty (20) plan sheets will be generated as part of the design and consist of the following: • Cover sheet • Site Plan & General Notes • IPS Effluent Piping Modifications Plan & Section • RIB Piping Replacement Plan & Profile (x2 sheets) • RIB Splitter Box Improvements • Construction Details (x2 sheets) • Electrical and I&C (x 12 sheets) Soft -digs & Locates: Consultant will coordinate and provide up to sixteen (16) subsurface investigations using soft -dig technique for anticipated underground conflicts. Work will include utility designating and survey to identify horizontal location of existing utilities within the proposed work area. Survey: Consultant will prepare topographic survey for a portion of the WRWWTF site that will be impacted by the proposed work. It is assumed all work will be constructed on IRCDUS owned land. The survey scope for the plant sites consists of the following items: • Obtain existing elevations • Location of the existing above ground structures and equipment, and soft -dig locations at the site. • Building slabs at all corners near the ground surface, edge of pavement, sidewalks, inlets, swales, manholes inverts of sewer and drainage pipes, valve boxes and top of valve nuts • Ground elevations at a 20 -foot grid and within 10 feet near structures and buildings. • The vertical datum elevations will be referenced to NAVD 88 datum. • Horizontal datum to be NAD 83/90 Review comments from IRCDUS staff at the preliminary design phase will be discussed at during a review meeting and considered for implementation in design documents. Consultant's subconsultant, C&W Engineering Consultants (C&W), will prepare electrical and instrumentation engineering design associated with the proposed improvements. Task 2 — Permitting Consultant will prepare and submit FDEP form 62-620.910(9) Application for a Minor Revision to a Wastewater Facility or Activity Permit, for existing permit FLA0041637. K:\WPB_Civil\General\Black\Florida\IRCU\WRWWTF Reject Improvements\20230615 - WRWWTF Reject.doc 304 Consultant will pay the permit processing fee of $500. Consultant will respond up to two (2) Requests for Additional Information (RAI) from the FDEP to facilitate permit acquisition. Task 3 — Bidding Consultant will prepare electronic copy of bid documents, including drawings and specifications for IRCDUS purchasing department to be utilized for bidding purposes. Consultant will assist IRCDUS with front-end bid document preparation. IRCDUS purchasing department will advertise and administer the procurement of the bidding and respond to potential bidder questions. Consultant will attend a mandatory pre-bid meeting, respond to contractor questions and prepare addendum(s), if required, which will be distributed to all the contract document holders by IRCDUS purchasing department. Consultant will respond to up to two (2) addenda during bid process. Consultant will review bids, provide a summary of comments, and a letter that identifies the most responsive and responsible bidder. Task 4 — Construction Phase Services Consultant's proposal assumes construction duration will not exceed 12 months. Consultant assumes of the 12 months of contract duration, approximately 6 weeks of active construction will occur. Consultant will attend pre -work meeting with Contractor. Consultant will prepare meeting minutes and distribute to project team. Consultant will review Contractor furnished shop drawings. This scope assumes that up to six (6) shop drawing submittals will be required as part of the proposed work. Consultant will review Contractor Applications for Payment. Consultant will make recommendations to Owner with respect to payment based on Consultant's observations and overall progress of the work. Consultant assumes four (4) payment application reviews will be required. Consultant will attend up to six (6) site visits. Consultant will provide on-site construction observation services during the construction phase. Consultant will periodically visit the site during the expected 6 -week construction duration in order to observe the progress of the Work (up to 6 total site visits). Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on Consultant's exercise of professional judgment. Based on information obtained K:\WPB_Civil\General\Black\Florida\IRCU\WRWWTF Reject Improvements\20230615 - WRWWTF Reject.doc 305 during such visits and such observations, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep IRCDUS informed of the general progress of the Work. The purpose of our site visits will be to enable us to better carry out the duties and responsibilities specifically assigned in this Agreement to Consultant, and to provide the IRCDUS a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Consultant shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall we have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. Consultant will prepare IRCDUS requested "Asset Change List," or "ACL". The ACL will outline the major components or assets installed or removed as part of the work including new electrical panels, valves and actuators. The list will be prepared and submitted to IRCDUS to be used for updates to the IRCDUS's Computerized Maintenance Management System (CMMS) and Financial Information System (FIS). Assets will be identified at the lowest practical level for maintenance where work orders (WO) are assigned to carryout various maintenance tasks. The ACL will also include spare parts that are provided by the project and must be identified as such. Other key requirements for the ACL are as follows: 1. An electronic database deliverable provided at completion of the project. There is no specific requirement for the software, application, or tool used to prepare the ACL; however, the final data must be submitted in a common tabular format such as .csv or .xls. 2. The database will originate at the design/engineering stage by the Consultant who will pre -populate the ACL with known data/attributes that the consultant possesses, have access to getting or can derive (e.g., items specified with no alternates or substitution, design criteria that must be adhered to by the contractor, etc.). 3. Each row or record in the database shall represent a single (discrete) asset and its applicable data and attributes. 4. The Consultant will coordinate and manage the completion of the ACL which is carried through to the procurement/construction phase for further updates and eventual completion. 5. New assets added will include data and notable attributes for each asset to include but may not be limited to: a. Basic Asset Type — pump, tank, control valve, MCC, analyzer, PLC, etc. b. General Data — manufacturer/vendor, model, serial no. K:\WPB_Civil\General\Black\Florida\IRCU\WRWWTF Reject Improvements\20230615 - WRWWTF Reject.doc 306 c. Physical Data — voltage, TDH, capacity, diameter, material, etc. d. Service Data — date installed/in-service, warranty period/start date, expected useful life e. Financial Data — estimated installed cost (allocation of OPCC to the assets) Once the Contractor considers the work to be substantially complete, Consultant will attend one (1) punch list walk through with the Contractor and Owner. Consultant will furnish "punch list" that identifies the remaining work to complete the project. Upon completion of punch list, Consultant will perform a final site visit. Consultant will review Contractor furnished closeout documentation and if applicable, make recommendation for final payment and project closeout. Consultant will review Contractor furnished red -lined as-builts. Consultant will utilize .dwg files provided by Contractor's surveyor for preparation of record drawings. Consultant will furnish final record drawing .pdf and .dwg files to IRCDUS. Task 5 — WRWWTF Programming and Integration See attached scope of work from Control System Design, Inc. for proposed programming and integration improvements. SCHEDULE Consultant will provide our services as expeditiously as practicable with the following goals: Task 1 Design: 4 months from NTP Task 2 Permitting 2 months after design complete Task 3 Bidding 3 months after permit issued Task 4 Construction Phase Services 12 months after contract awarded Task 5 Programming and Integration Concurrent to construction schedule FEESCHEDULE We will provide these services in accordance with our Continuing Consulting Engineering Services Agreement for Professional Services dated May 2nd, 2023, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The Consultant will provide professional services for a lump sum fee as follows: Task 1: Design Phase Services $ 94,081.00 Task 2: Permitting Services $ 5,977.00 Task 3: Bid Phase Services $ 7,146.00 Task 4: Construction Phase Services $ 34,309.00 K:\WPB_Civil\General\Black\Florida\IRCU\WRWWTF Reject Improvements\20230615 - WRWWTF Reject.doc 307 Task 5: Programming and Integration $ 9,830.00 Total Tasks 1-5: $151,343.00 ADDITIONAL SERVICES The following services can be provided as additional services under separate future task order: • Meetings beyond those provided herein • Design beyond those provided herein • Construction phase services beyond those provided herein • Geotechnical Services ESTIMATE FOR ENGINEERING SERVICES PROJECF: WRW WTF Etffi�ent Resect System C=: Indian Riven County Daps ioflRdity Services EMMATOR NB 6/15/2013 WRWWTF Effluent Reject Syste. © ©: Pay Av. Review (6) © r.• t t r e ���������_ K:\WPB_Civil\General\Black\Florida\IRCU\WRWWTF Reject Improvements\20230615 - WRWWTF Reject.doc 308 inframap QUALITY PROFESSIONAL EXPERTISE April 13, 2023 Kimley-Horn 1920 Wekiva Way, Suite 200 West Palm Beach, FL 33411 Bertrand King, EI E: Bertrand.King@kimley-horn.com 0:561-845-0665 Re: West Regional Wastewater Treatment Facility (WRWWTF) Effluent Reject System Vero Beach, FL Subsurface Utility Engineering Services Dear Mr. King: We have prepared this proposal to perform subsurface utility engineering services including utility designating and air vacuum excavation test holes for the above referenced project. We have received the following files by emails dated April 13, 2023 attached identifying the project locations: • Inframap.pdf Our scope of work shall be performed in accordance with the Procedures, Exclusions and Assumptions identified below and will include the following: 1. Quality Level B - Utility Designating and Survey - Utility designating and survey will be performed to provide horizontal locations of utilities within the project limits. Project limits include the area outlined in red in the client provided file. 2. Quality Level A - Air Vacuum Excavation Test Holes - Air vacuum excavation test holes will be performed at the proposed test hole locations once utility designating and potential utility conflicts have been verified. This proposal includes 12 test holes at utility conflict locations. Electronic Sweep/Targeting - An electronic sweep of the project site will be conducted. This sweep will verify the location of utilities that were identified during record review and to search for utilities that were not identified during records review. The electronic sweep will be conducted utilizing active and passive type utility detection equipment that detects induced or naturally occurring energy fields present on conductive utilities. Utilities identified will be marked on the ground surface using InfraMap paint and symbols standards. 2. Field Drawings/Notes -Designators will draft field sheets that show the location, trend, and configuration of utilities detected. Field sheets will be prepared to differentiate utility systems and will show underground utility surface features and lines. Designated utilities will be annotated with size and material from utility record information, as applicable. 3. Survey- A survey crew will survey utility line targeting and utility surface features. Survey of designated utilities will be performed by utilizing applicable State Plane Coordinate System or client provided established survey control. 309 ainframap 4. CAD - The survey data will be processed into an existing utility file in AutoCAD format in accordance with applicable CAD standards. Quality Levels will be annotated in accordance with ASCE 38. 5. Quality Assurance / Quality Control Review - The existing utility file will be compared to record drawings, field sketches and notes. The intent of this task is to ensure existing utilities are depicted thoroughly and accurately. b. Deliverables - Deliverables will include an existing utility file in AutoCAD (dwg). Quality Level A - Air Vacuum Excavation Test Holes During utility locating by air / vacuum test holes InfraMap will complete the following tasks: 1. Agency Coordination - InfraMap will comply with laws and regulations concerning excavation by coordinating with utility inspectors, property owners, "ONE CALL" and others as required. 2. Anticipated Permits - InfraMap will prepare and coordinate throughout the permitting process and will bill the associated fees as a direct expense. 3. Test hole conflict identification and field locate -If InfraMap has not performed the utility designating prior to the test hole task, and we identify a discrepancy between existing utility location on client provided plans and what is in the field, we will notify the Client prior to any test hole work. We will make recommendations if utilities are not where the records maps indicate, or a utility is discovered that is not shown on any records and is not detectable during the electronic sweep. InfraMap will contact the client and discuss strategies to address the unpredictable field conditions. InfraMap will work with the client in the identification of additional test holes or removal of test holes from future scope of work. 4. MOT - Maintenance and Protection of Traffic in local jurisdiction will be provided in accordance with the Florida Department of Transportation (FDOT) FV2023-24 Standard Plans, latest edition or other applicable requirements. 5. Test hole - InfraMap will perform the following for the test hole task: a. Excavate a test hole using air/ vacuum excavation. Provide all precautions necessary to perform the work safely and to cause no damage to the utility. The test hole will be of the minimum size required to expose the utility and record the following information: i. Depth below grade (cover). ii. Utility material, shape, and overall condition. iii. Approximate diameter of pipes, cables, conduits, and the configuration of multiple conduit systems. iv. The general directional trend of the utility. v. Thickness, type, and condition of paving material. vi. General soil conditions. b. Install a survey marker (PK or hub and tack) directly over the centerline of pipes or edge of concrete structures or conduit banks at grade. Ribbon of appropriate APWA / ULCC color will be installed in the backfill from utility to grade. Indicate on the test hole form the placement of the marker relative to the utility cross section. Record the location of the marker with a minimum of three swing tie measurements to convenient existing permanent structures on site. c. Backfill test hole with excavated material in 6 -inch lifts by air pneumatic tamping. Restore test hole area to the original condition. Repair and restore all pavement cuts to ensure a long-lasting repair utilizing asphalt cold patch. 310 inframap 6. Survey - Survey of test hole locations to provide northing, easting and elevations of pin or hub associated with each test hole. Survey will be performed by utilizing applicable State Plane Coordinate System or client provided established survey control. 7. CAD - The survey data will be processed into a test hole utility file in AutoCAD (dwg) format with symbols depicting horizonal locations of test holes. 8. Quality Assurance / Quality Control review - QA/QC review of the test hole reports will be completed to compare the findings of the test hole to the available utility information. InfraMap will evaluate and resolve any discrepancies. 9. Deliverables - Deliverables will include a test hole inventory summary table, individual test hole reports, and updated existing utility file in AutoCAD (dwg) format. Exclusions and Assumptions: 1. The targeting of subsurface utilities, although highly reliable, is expressly understood to represent an approximate location of the target facility as marked on the ground surface. The accuracy of targeting is subject to certain factors beyond our control such as limitations of available technology and field conditions that may include, but are not limited to depth of utility, electrical conductivity of utility, site conditions and access. 2. Our electronic equipment cannot locate non-conductive pipe systems and or fiber optic line without tracer wire. 3. Concrete Pavement with reinforcement, as well as guide rails and chain link fence, could interfere with our electronic equipment at times to locate utilities. 4. Overhead utilities, irrigation systems, septic drain fields, residential/commercial services, and confined space entry are not included in this scope of work. In addition, gravity structure investigations including storm water and sanitary sewer are not included. 5. At this time, geotechnical borings or subgrade information have not been provided. Large stones, shale, coral, construction debris, or other subsurface conditions including a high groundwater table may limit the ability of our equipment to excavate to the utility and or make it very difficult to visually verify the utility condition and material. 6. In order to provide a cost-effective service that causes minimal disturbance to site amenities and utilities, and is acceptable to permitting agencies, the size of the Test Hole excavation is kept to a minimum. The diameter of most pipes greater than 24" cannot be recovered directly from one test hole and it may be necessary to perform additional holes. 7. This proposal assumes test holes will be repaired consistent with the cold patch specifications above. Depending upon test holes locations and/or local, county and state permit requirements, permanent asphalt patch repairs either using hot mix asphalt, asphalt infrared services or cement subbase, are out of the scope of these services. If required, an out -of -scope proposal or supplemental agreement will be prepared before proceeding further. 8. If a single test hole location is selected at a point where two or more utilities intersect (or trend close together), a single test hole may not be feasible to obtain information for all requested utilities. The utility of higher elevation may be of sufficient size as to prohibit further excavation in the existing test hole. To reach the utility of lower elevation in this instance a separate (additional) test hole will be required. 9. Encased systems and non-encased conduit banks are typically exposed on one edge. This albs the test inFramap hole to be excavated down the side of the utility until a discernable bottom edge can be evaluated. Although it is usually possible to determine the bottom edge of these systems, it is not possible to determine conditions under these or other utility systems, such as concrete over pour and other utilities. It is important for the designer to remember that the bottom edge of an encased system or unencased conduit bank may not represent its lowest point, and that the shape of the system may not be the same on both sides. The width of these systems may not be determined from a single test hole. Encased systems and unencased conduit banks may require two test holes to document the width (and both of the sides top and bottom elevations). 10. Recoverable and accurate survey control, which can be accessed during mobilization, will be provided by the client. In the event the survey control is not located near the proposed utility investigation, we anticipate utilizing NRTK GPS. Note, the use of NRTK GPS may affect horizontal and vertical accuracies. If NRTK GPS cannot be utilized due to significant tree cover or satellite loss, a survey traverse will be required. This proposal does not include services to perform a survey traverse to transfer control to the work site. If required, same will be included on a time and materials basis if it cannot be absorbed into the existing budget. 11. This service will be provided with due diligence and in a manner consistent with standards of the subsurface utility mapping industry. Every reasonable effort will be made to locate all systems of interest whether indicated on records available to us or not. However, we do not guarantee that all existing utility systems can or will be detected. It may not be possible to detect utilities that we do not have prior knowledge of, such as systems that are not depicted on records available to us. Further, this service is not intended to detect non-utility structures such as but not limited to foundations, buried tanks, septic systems, wells, tunnels, concrete or metal structures, or the true size and limits of subsurface utility vaults and manholes. 312 Cinframap FEE SCHEDULE Our total estimated cost for this project is $16,750.00. Our cost is in accordance with the scope of services, exclusions, and assumptions as indicated above and includes mobilization, mileage, performing of field services, office coordination and oversight, QA/QC, and preparation of final deliverables. If you have any questions or concerns regarding this proposal, please do not hesitate to call at (561)818-8770 or email Ireumann@)inframap.net. We look forward to working with Kimley-Horn on this project. Regards, Lee Reumann Survey Manager 313 C & W engineering Inc. Consulting Engineers — Electrical • HVAC • Plumbing 6903 Vista Parkway North, #10 West Palm Beach, FL 33411 (561) 642-5333 June 2, 2023 Mr. Nick Black, P.E. Kimley Horn & Associates, Inc. 1920 Wekiva Way West Palm Beach, FL 33411 Subject: West Regional Wastewater Treatment Facility (WRWWTF) Effluent Reject System Electrical Engineering Services Proposal Rev1 C&W Ref. 236614 Dear Nick: I am pleased to submit this revised proposal for your consideration for Electrical Engineering Design Services for the IRC West Regional WWTF two new 30" motorized Butterfly valves. These valves will allow the facility to have the flexibility to direct excess overflow to either the Wetland ponds, or the RIBs (Rapid Infiltration Basin) along with related power and control/field instrument improvements. The revised proposal includes design through permitting, a bidding phase, and also a construction services phase. Project Understanding: The existing WWTF currently has no equalization storage for the treated effluent and this limits its operation flexibility during wet weather/peak flow situations. The proposed construction of two 30" motorized butterfly valves is to provide flexibility to plant staff so they may offload excess treated effluent to either the wetland ponds to the north, or the RIBs to the south. This solution provides some time for the facility to get by peak flow conditions in the meantime before having to build a ground storage tank and transfer pump station. The proposed scope of engineering design services would provide a new electrical feeder to each of the two motorized 30" butterfly valves, including providing control through the existing PLC system and plant SCADA, along with some local control station(s) so they may also operate the opening and closing of the butterfly valves electrically. 314 C&W Ref. 236614 The improvements would rely on the existing electrical gear to provide a 480V feeder to the location of the proposed motorized valves and from there provide local control and disconnects to each of the motorized butterfly valves. There will be power, grounding, site or area lighting provided at the locations, and field instruments as required for the proper operation of the valves and retaining ponds. All control and field instrument status signals would be run from their proposed location back to the nearest PLC and therefore added to the plantwide SCADA system. We anticipate 90% and 100% permit submittals with specifications, drawings and opinion of construction costs to be provided at each submittal level. The electrical design scope is outlined below. TASK 1 DESIGN SERVICES Coordination Kimley Horn Electrical Equipment Vendors Chris Carpenter on existing SCADA/PLC And Owner Electrical, Mechanical Engineering calculations Design 90% documents Using Kimley Horn furnished civil, mechanical, and PID plans and backgrounds we will prepare our electrical and controls design documents for the power feeder from the existing electrical gear, electrical equipment at the butterfly valve's location, site grounding, lightning protection and area lighting. We will attend a review meeting and response to review Finalize 100% design documents for permit and bid Response review comments, as required Attend one final Review Meeting Field Investigation Verify power feeder and electrical gear load, provide calculations as required. Coordinate with existing equipment and provide feeder to proposed motorized equipment. New electrical disconnects, raceways for power, control instruments and terminal j -boxes as required, grounding, lightning protection, and area lighting; verify existing conditions at the plant and equipment tied to existing systems perform load calculations and fault current calcs as required for the design. Engineering Feeder Sizes, voltage Drop Calculations Fault current calculations 315 C&W Ref. 236614 Equipment Sizes Confirm new added load with Generator/Emergency power gear. Power and control of motorized butterfly valves with equipment sized to handle Its power and load requirements and controls to allow for SCADA monitoring and control (opening and closing of the butterfly valves Spare conduits for future equipment as required Lightning protection and grounding of new butterfly valves area Provide site lighting to the area as required Electrical Site Plans Overall install with 480V feeder from main electrical room to proposed Area of motorized valves and field equipment Proposed equipment plant for the motorized valves (two if separate). Electrical Grounding and lightning protection plan Electrical site lighting area plan Enlarged area to clarify any field instrument or equipment needed With more detail. Electrical power oneline or riser diagram 480V feeder from existing switchboard/MCC to motorized valves Electrical equipment and raceways with conduit and wire sizes Load calc with details on normal and emergency power with added New load. Control schematics including signal status and controls from Local step-down transformer and small panelboard for miscellaneous 120V power and control loads powered motorized valves installation details. Conduit and Wire Design Pipe Stands and other equipment mounting details Panel Board Schedules Electrical I&C Oneline Diagram I&C Equipment per Kimley Horn's PID diagrams Provide P&I Diagram with Conduit and Wire Tags Conduit tags on equipment and room plans (existing and proposed) PLC equipment modifications if needed to add analog and discrete 1/0 cards as required. Controls Schematic Any Local HOA control station at each motorized valve Electrical and I&C details Field instrument details Technical Specifications for Electrical, controls, will be provided Other Specs as may be required by the design 316 C&W Ref. 236614 Opinion of Construction Costs will be provided at 90% and 100% submittals. Review for Coordination Purposes, Specifications prepared by KHA Engineers Scope does not include Control Strategy Narratives for process control, KHA Engineers to provide. In house, Technical Review of Plans and Specifications TASK 2 PERMITTING PHASE Permitting for DEP approval is included TASK 3 BIDDING PHASE Attend a Pre-bid meeting Respond to Contractor questions Provide an addendum if necessary. Provide our review of the bid as requested from KHA and IRC TASK 4 CONSTRUCTION PHASE Attend a Pre -Construction meeting Respond to Contractor RFI questions, we don't anticipate more than three. Provide a review of equipment shop drawings, we anticipate no more than four equipment shop drawings. Provide during the construction period up to four visits, we anticipate for the construction to last approximately six months. 1- Attend two site visits during the monthly progress meeting, one visit shall include a field inspection begore backfilling power and control conduits. 2- Provide a visit during the startup and testing phase, prepare a report and a punch list. 3- Provide a final visit to check on outstanding punch list items and finalize our Inspection. Based on the above scope of work, the lump sum firm price fee for our service will be as follows: Task 1 Engineering Design Phase: $ 9,500.00 Lump Sum Task 2 Permitting: $ 1,000.00 Lump Sum Task 3 Bidding: $ 2,000.00 Lump Sum Task 4 Construction Phase: $ 7,500.00 Lump Sum Total Design fee: $ 20,000.00 Lump Sum 317 C&W Ref. 236614 Notes and clarifications: 1. I&C Oneline Diagrams will be based on Kimley Horn and Associates P&I Diagrams, adding conduit and wire tags. 2. Deliverables include drawings, specification, and opinion of construction costs will be provided at 90, and 100% submittals. 3. We will provide conformed set of drawings after the binding period. 4. No value engineering time and effort has been added to this proposal, any value engineering would be additional fee and scope to respond to comments and attend meetings. 5. Limited construction services are included based on the scope provided. trust the above is in agreement with your expectations and the needs of this project. We look forward to the opportunity to be of service to you. Please call if you have questions or comments regarding the above. Very truly yours, 318 Z 0 IL v vi 319 0 0 d rn m a M N N r co O y ccc 0 0 C1 O O O O O O O O LQ LQ Li v r r It O O O CO c0 p� c QO2 U O C C O U UO N J N U p• O 'Op c N cc N O > y > Cl) 0 0 f0 M +� c L- a = 3 N y N, O 7 N Q w CL N N Qi rt+ = L U N 0 V O v �. c 'ai ° L= ° "� C L) _° ° C C L p N CO) Q m 3 m o c°) C ° c a) N C-) V O L- O L. a) U 0 C N j N N fl N 3 c �. 0 3 axi aa)i CU O ° t ° CO C CL %-a "' ° > o co)m m o o > > m m +¢- 0 O > N � J C ' N O a Q r- N M 319 0 0 d rn m a M N N r co O y ccc 0 0 C1 CO) � � 320 0 % k k k �k� N T- � co 6F� 6ro V9, 60:.� 6 , 0 0 0 0 004 2 � � CL ® 2 -C 4- cu � k 0§ � . 0) CD b 7 cc 0 a § o » 0 ■ 2 @ CL m § , £ £ a ° @ § a 2 cu m ƒ (D % / 2 k o 2 ■ C.)° ELJ\ CL _a) 0 2 a 2 M % z 0ƒ 2 § m e e m r E » 2 3 m S o CDo '_ k cc c 2 2 g o k E @ tm E° ca m CL 2 2 3 c cu � > > � CL - 2 k % 22 2k �R 2: > / Citk S � k « _ q n � q b � 320 April 19, 2023 To : Kimley-Horn & Assoc. 1920 Wekiva Way, Ste. 200 West Palm. Beach, F133431 Attn: Nick Black, P.E. Proposal Proposal #23-06 For: Survey Work West Regional Wastewater Treatment Facility (WRWWTF) Effluent Reject System Scope of work: Perform topographic & surface location survey of area requested at the above site as shown on attached aerial. Provide CAD and ASCII point files and signed pdf. Datum: Vertical: NAVD 1988 Horizontal Florida HPGN, current adjustment Associated fees: Lumpsum fee.................................................................$3,500.00 Total this proposal ................................................ $3,500.00 Thank you for your request for survey services. Please submit Purchase Order to Validate Proposal. 321 wpm 0 To: John Titkanich, County Administrator Date: Friday, June 30, 2023 Subject: Constitutional Officer Agenda Item From: Carole Jean Jordan, Tax Collector Please place the following on the Constitutional Officer Agenda for the Board of County Commissioners meeting on Tuesday July 11, 2023. We have brief presentation on "PACE" loans, which details some recent developments that we would like to bring to the Board's attention. If you need any further information or assistance, please feel free to contact me. Thank you for your consideration in this matter. 46 44-eL 9J4xa001..J PACE Loans in Carole Jean Jordan, Tax Collector Jordan Ahhev, Director of Taxes & Licenses bounty %'.!hat is PACE financ'. • Property Assessed Clean Energy (PACE) financing can be used to fund energy efficiency, renewable energy, or wind resistance improvements to a homeowner with little to no upfront costs. • A property owner must enter into an agreement with a participating district/agency to obtain PACE financing. • There are several PACE Districts in the State of Florida • Subject to interlocal agreement (with both the County/Municipality and the Tax Collector), the improvements are paid off through a Non - Ad Valorem Assessment added to the owner's property tax bill. • PACE repayment terms vary, up to 30 years at 10% interest. 8/3/2023 PAC. Financing Concerns 1. Unlike conventional loans, PACE providers are exempt from the Truth -in -Lending Act • No credit check or income verification is required • Only requirement is that homeowner has paid taxes on time for past 3 years 2. Length of loans can exceed useful life of the improvement. • Some PACE improvements are for a new roof with a 30 -year repayment term. Many insurance companies require roof replacement after 15 years. 3. Since the loan is repaid via the annual tax bill, some homeowners have reported the program being sold as a 'government program' 4. Homes with PACE Loans are ineligible for FHA financing. Fannie Mae/Freddie Mac will not back mortgages on homes with PACE loans. ' PPCF FInancin Cj,ncerns ( of the homeowners the Times spoke to say they don't have enough income to afford the bigger -than -expected loan payments. And too many of the contractors who perform the work target low-income, elderly and non- English speaking residents, who don't understand how the program works, lawyers and consumer advocates told the Times. Some of those same critics [... ] accused contractors of charging excessive amounts for solar panels and air conditioners. Homeowners often sign the contracts on mobile devices or tablets, making it difficult to review the terms. And the ones who spoke with the Times complained that they didn't always get an honest rundown of what they were signing" 8/3/2023 9_0 2 s Current PACE Programs in IRS • The Board voted against PACE agencies operating in the Unincorporated County. • (A single commercial project was approved by the Board in 2022 and will be collected on the 2023 tax roll) • The City of Fellsmere entered an agreement with the Florida Green Finance Authority to offer PACE loans to Fellsmere residents. • Since the program was approved by the City, the Tax Collector entered into an agreement with the Florida Green Finance Authority to collect these assessments • The City of Vero Beach, Town of IR Shores, and Town of Orchid do not have any agreements with PACE agencies. • The City of Sebastian had an agreement with the Florida Green Finance Authority, which was subsequently withdrawn. -" Florida PA._; 4`ing • In 2023, the Florida PACE Funding Agency (FPFA) has recorded 18 liens for PACE improvements, despite the lack of an interlocal agreement with the County or the Tax Collector. • Examples: A widow with a small home in South Vero entered into a financing agreement for "Energy Efficient Air Conditioning". The financed amount of $9,352.74 will be collected over 10 years at 10% interest, resulting in 10 annual payments of $1,521.46. The resident's annual tax bill will go from —$350 in 2022 to "'$1,900 for the next 10 years. Another widow entered into a financing agreement for a new roof. The financed amount of $26,116.25 will be collected over 30 years at 10% interest, resulting in 30 annual payments of $2,768.09. The resident's annual tax bill will go from $1,400 in 2022 to ^'$4,200 for the next 30 years. 8/3/2023 3 3 -3 FPFAs Statements • Statement #1: No interlocal agreement with the County or its Municipalities is required • The Florida PACE Funding Agency included new language in a 2022 bond validation hearing, which they state, determines that they are "an independent separate legal entity authorized by general law to act separately, alternatively, independently, concurrently, and non -exclusively throughout the State by law and judicial determination." • Bond validation hearing took place in Leon County, IRC was not provided notice • Statement #2: Notifying the Tax Collector of intention to collect as a Non -Ad Assessment satisfied the need for an agreement with the Tax Collector. • They state that by notifying the Tax Collector by certified mail, they have satisfied the requirements of FL Statute 197.3632. This Statute requires that the local governing board enter into a written agreement with the Tax Collector for reimbursement of costs in order to collect using the Uniform method for collection of non -ad valorem assessments. • Sarasota and Pasco Counties responded to FPFA that they will not collect future assessment for FPFA, as the Agency terminated existing interlocal agreements with their respective Counties. • Palm Beach County has filed suit against FPFA • Pinellas County has filed suit against FPFA�; Pinellas banned a controversial loan program. Now it's here anyway, � pr+r�awn "Pinellas County's OiwStrt' srt- �r-pr66& .° to 69 dural problems in the Leon County case, including that it was never given a chance to defend itself in a case that ultimately affected the county. It also argues that the ruling itself improperly tramples on the county's home -rule powers.."z 8/3/2023 Ir 4 Sarasota County Response to FPF, "[... ] 2. My client has no authority under General Law to collect Florida Pace Funding Agency assessments in 2024 as the Interlocal Agreement between your Agency and your Board of County Commissioners was terminated in March of 2023; and 3. My client has no authority under General Law to collect future assessments so long as no Interlocal Agreement exists between your Florida Pace Funding Agency and your Board of County Commissioners. See §163.01 and §197.3632, Florida Statutes." Timothy Qualls, Esq. General Counsel for Sarasota County Tax Collector General Counsel for Florida Tax Collectors Association Co County Response to �- • "The bond validation judgment rendered in Case No. 2022 -CA -1562, by a Circuit Court in Lean County, is not binding on Pasco County. The court's conclusion that FPFA may operate independent of local government regulation on a statewide basis is beyond the statutory scope of bond validation proceedings and infringes upon the County's constitutional authority." • "[... ] Accordingly, if the judgment were applied to Pasco County, it would be a clear violation of Pasco County's constitutional and statutory procedural due process rights, because Pasco County was deprived of a real opportunity to be heard on a matter that ultimately infringed upon the County's substantive rights." David Goldstein Chief Assistant County Attorney, Pasco County 8/3/2023 3 Indian River CountyPi-'.--%,L_ • The Tax Collector encourages homeowners to consider all options when for home improvement financing, and to read paperwork thoroughly before signing. The Board voted against PACE loans in IRC multiple times, and there are no interlocal agreements in place. Therefore, the Tax Collector will not be placing these non -ad valorem assessments on the tax roll. 8/3/2023 /(JAI INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Ryan Sweeney; Interim Assistant Community Development Director DATE: June 27, 2023 SUBJECT: Pulte Home Company, LLC's Petition for Abandonment of a Public Access Easement It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 11, 2023. DESCRIPTION AND CONDITIONS: Pulte Home Company, LLC has petitioned for abandonment of a public access easement that is recorded in the Official Records of Indian River County, Book 2067, Page 1140. The subject instrument is technically an easement. However, it provides public access over a private road right- of-way, and was intended to function like a public road for access purposes. Therefore, in an abundance of caution, staff is processing the subject request by following the right-of-way abandonment procedures outlined in the County land development regulations (LDRs) and the Florida Statutes, which includes legal advertisement and a public hearing by the Board of County Commissioners (BCC). As required by the County LDRs, prior to the Technical Review Committee (TRC) meeting at which the subject petition was reviewed, staff notified each property owner adjacent to the subject public access easement. Several interested parties participated in the project's TRC conference call, and staff answered a few general and/or procedural questions about the overall project. Additionally, all County divisions and utility providers having jurisdiction or potential interests have reviewed the abandonment request and support the request, subject to the immediate recording of a replacement easement. At this time, the BCC shall conduct a public hearing, and consider the applicant's request to abandon the subject public access easement. ANALYSIS: At its regular meeting of July 14, 2005, the Planning and Zoning Commission (PZC) approved a conceptual site plan for 497 multi -family units and 90,000-130,000 square feet of commercial building area on a ±113 acre project site then known as Orchid Landing Village (see attachment 1). As part of that approval process, the developer agreed to provide public access around the perimeter of the overall project via a private "frontage" road. The original design would provide C:\Granicus\Legistar5\L5\Temp\9e5a057b-e839-4750-9030-3c1113263bdf docx Page 1 of 2 324 public access via driveway connections to 82nd Street, US Highway 1, and State Road (SR) 510. In 2006, the overall project commenced construction, and the developer recorded the subject public access easement on August 14, 2006. However, project construction was ultimately abandoned during the economic downturn of 2008-2011. At its regular meeting of October 28, 2021, the PZC approved a revised site plan for the residential portion of the overall project that is now known as Harbor Isle. The revised site plan reduced the overall number of units from 497 multi -family units to 270 single-family units. As a result of the reduction in units, the project was no longer required to connect 82nd Street. Also, the revised site plan included a slight shift in the alignment of the northern leg of the frontage road from US Highway 1 to SR 510. The Harbor Isle project is currently under construction, and is progressing toward final plat approval. Therefore, as a procedural clean-up item, the applicant is requesting the BCC to abandon the original public access easement. If abandoned, the applicant will immediately record a replacement public access easement over the north leg of the new frontage road. Consistent with guidelines established by the BCC, this petition was reviewed by all County divisions and utility providers having jurisdiction or potential interests within the subject public access easement. Upon review, all reviewing departments recommended approval, to support the request for abandonment, subject to the immediate recording of a replacement easement. Also, the County Attorney's Office has reviewed and approved the attached abandonment resolution for legal form and sufficiency, as well as, the replacement easement. RECOMMENDATION: Staff recommends that the Board of County Commissioners abandon its rights to the subject public access easement, and authorize the chairman to execute the attached abandonment resolution, with the following condition: 1. The replacement easement shall be recorded immediately following the recording of the abandonment resolution. ATTACHMENTS: 1. Location Map 2. Abandonment Resolution C:\Granicus\Legistar5\L5\Temp\9e5a057b-e839-4750-9030-3c1113263bdfdocx Page 2 of 2 325 • 0 RESOLUTION 2023 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PUBLIC ACCESS EASEMENT LOCATED IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County originally received a duly executed and documented petition from Pulte Homes Company, LLC, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and of the public access easement described in the Official Records of Indian River County, Book 2067, Page 1140 located in Indian River County, Florida.; and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that the subject public access easement is not necessary for continuity of the County's street and thoroughfare network, and does not provide exclusive access to any private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way • segment more particularly described as follows: A PUBLIC ACCESS EASEMENT OVER A PORTION OF SECTIONS 28 AND 33. TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 6, SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID POINT BEING THE POINT OF BEGINNING; THENCE RUN N 00020'28"W ALONG THE WEST LINE OF THE AFORESAID GOVERNMENT LOT 6 A DISTANCE OF 44.32 FEET; THENCE LEAVING THE AFORESAID WEST LINE OF THE AFORESAID GOVERNMENT LOT 6 RUN N 44046'01"E A DISTANCE OF 143.58 FEET; THENCE CONTINUE N 44°46'01 "E A DISTANCE OF 398.18 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 115.00 FEET THRU A CENTRAL ANGLE OF 22°23.11 AND RUN AN ARC DISTANCE OF 44.93 FEET; THENCE RUN N 67°09'12"E A DISTANCE OF 24.87 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 23.00 FEET THRU A CENTRAL ANGLE OF 89046'18" AND RUN AN ARC DISTANCE OF 36.04 FEET TO A POINT ON A REVERSE CURVATURE TO THE RIGHT HAVING A RADIUS OF 1053.00 FEET THRU A CENTRAL ANGLE OF 05009'01" AND RUN AN ARC DISTANCE OF 94.65 FEET: THENCE RUN N 17°28'05"W A DISTANCE OF 51.72 FEET: THENCE RUN N 22'1 6'54"W A DISTANCE OF 95.34 FEET: THENCE RUN N 17028'05"W A DISTANCE OF 17.46 FEET TO A POINT ON A CURVE CONCAVE TO • THE LEFT HAVING A RADIUS OF 239.00 FEET THRU A CENTRAL ANGLE OF 327 RESOLUTION 2023- 25°13'02" AND RUN AN ARC DISTANCE OF 105.19 FEET: THENCE RUN N42041'07"W A DISTANCE OF 127.46 FEET TO INTERSECT WITH THE SOUTHERN RIGHT-OF-WAY LINE OF COUNTY ROAD 510: THENCE RUN ON A NON -TANGENT CURVATURE CONCAVE TO THE RIGHT HAVING A CHORD BEARING OF N46028'25"E HAVING A RADIUS OF 2824.80 FEET THRU A CENTRAL ANGLE OF 02013'53" AND RUN AN ARC DISTANCE OF 110.02 FEET; THENCE RUN S42041'07"E AND LEAVING THE AFORESAID SOUTHERN RIGHT- OF-WAY LINE OF COUNTY ROAD 510. A DISTANCE OF 129.08 FEET TO A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 349.00 FEET THRU A CENTRAL ANGLE OF 25013'02" AND RUN AN ARC DISTANCE OF 153.60 FEET: THENCE RUN S17028'05"E A DISTANCE OF 70.97 FEET: THENCE RUN S12035'20"E A DISTANCE OF 94.05 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 959.00 FEET THRU A CENTRAL ANGLE OF 05007'12" AND RUN AN ARC DISTANCE OF 85.69 FEET: THENCE RUN S22050'48"E A DISTANCE OF 68.71 FEET: THENCE RUN S67009'12"W A DISTANCE OF 147.80 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET THRU CENTRAL ANGLE OF 22°23'11" AND RUN AN ARC DISTANCE OF 13.68 FEET: THENCE RUN S44°46'01 "W A DISTANCE OF 404.12 FEET: THENCE CONTINUE S44°46'01 "W A DISTANCE OF 79.95 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 138.00 FEET THRU A CENTRAL ANGLE OF 44056'53" AND RUN AN ARC DISTANCE OF 108.26 FEET: THENCE RUN S00°10'52"E A DISTANCE OF 397.88 FEET: THENCE CONTINUE S00010'52"E A DISTANCE OF 462.27 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 180.00 FEET THRU A CENTRAL ANGLE OF 15029'16" AND RUN AN ARC DISTANCE OF 48.66 FEET: THENCE RUN S 15'18'23 "W A DISTANCE OF 21.83 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 140.76 FEET THRU A CENTRAL ANGLE OF 47025'29" AND RUN AN ARC DISTANCE OF 116.51 FEET: THENCE RUN S32007'06"E A DISTANCE OF 194.22 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET THRU A CENTRAL ANGLE OF 40041'14" AND RUN AN ARC DISTANCE OF 56.81 FEET: THENCE RUN S72048'20"E A DISTANCE OF 26.08 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 135.00 FEET THRU A CENTRAL ANGLE OF 25018'24" AND RUN AN ARC LENGTH OF 59.63 FEET TO A POINT ON A COMPOUND CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 425.00 FEET THRU A CENTRAL ANGLE OF 04000'46" AND RUN AN ARC DISTANCE OF 29.77 FEET: THENCE RUN S43029'10"E A DISTANCE OF 74.35 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 420.82 FEET WITH A CENTRAL ANGLE OF 20042'38" AND RUN AN ARC DISTANCE OF 152.11 FEET: THENCE RUN S 19°27'03"E A DISTANCE OF 56.66 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET THRU A CENTRAL ANGLE OF 28029'28" AND RUN AN ARC DISTANCE OF 59.67 FEET: THENCE RUN S09002'25"'W A DISTANCE OF 38.50 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET THRU A CENTRAL ANGLE OF 39038'22" AND RUN AN ARC DISTANCE OF 55.35 FEET: THENCE RUN S30021'36"E A DISTANCE OF 140.54 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS 328 RESOLUTION 2023 - OF 140.00 FEET THRU A CENTRAL ANGLE OF 59031'08" AND RUN AN ARC DISTANCE OF 145.43 FEET: THENCE RUN S89°39'20"E A DISTANCE OF 403.64 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET THRU A CENTRAL ANGLE OF 34011'00" AND RUN AN ARC DISTANCE OF 47.73 FEET: THENCE RUN N56009'40"E A DISTANCE OF 15.47 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 150.00 FEET THRU A CENTRAL ANGLE OF 34008'18" AND RUN AN ARC DISTANCE OF 89.37 FEET: THENCE RUN S89042'02"E A DISTANCE OF 115.10 FEET: THENCE RUN S00003'18"W A DISTANCE OF 18.46 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 33.50 FEET THRU A CENTRAL ANGLE OF 29041'37" AND RUN AN ARC DISTANCE OF 17.36 FEET TO A POINT ON A REVERSE CURVATURE TO THE CONCAVE TO THE LEFT HAVING A RADIUS OF 38.00 FEET THRU A CENTRAL ANGLE OF 29042'35" AND RUN AN ARC DISTANCE OF 19.70 FEET: THENCE RUN S00°00'53"E A DISTANCE OF 34.47 FEET TO INTERSECT WITH THE NORTH RIGHT-OF-WAY LINE OF 82ND. STREET: THENCE RUN N89°43'27"W ALONG THE AFORESAID NORTH RIGHT-OF-WAY LINE OF 82ND STREET A DISTANCE OF 57.33 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE LEFT WITH A CHORD BEARING OF N13°24'38"W HAVING A RADIUS OF 20.90 FEET THRU A CENTRAL ANGLE OF 142012'41" AND RUN AN ARC DISTANCE OF 51.87 FEET: THENCE RUN N89042'02"W A DISTANCE OF 51.22 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET THRU A CENTRAL ANGLE OF 30°58'53" AND RUN AN ARC DISTANCE OF 54.07 FEET: THENCE RUN S59019'05"W A DISTANCE OF 11.52 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 127.00 FEET THRU A CENTRAL ANGLE OF 31 001'35" AND RUN AN ARC DISTANCE OF 68.77 FEET TO INTERSECT WITH THE AFORESAID NORTH RIGHT-OF-WAY LINE OF 82ND. STREET: THENCE RUN N89039'20"W ALONG THE NORTH RIGHT-OF-WAY LINE OF 82ND. STREET A DISTANCE OF 403.64 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT AND LEAVING THE AFORESAID NORTH RIGHT-OF-WAY LINE OF 82ND STREET HAVING A RADIUS OF 180.00 FEET THRU A CENTRAL ANGLE OF 59031'08" AND RUN AN ARC DISTANCE OF 186.98 FEET: THENCE RUN N30021'36"W A DISTANCE OF 140.54 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET THRU A CENTRAL ANGLE OF 39038'22" AND RUN AN ARC DISTANCE OF 83.02 FEET: THENCE RUN N09002'25"E A DISTANCE OF 17.54 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET THRU A CENTRAL ANGLE OF 28029'28" AND RUN AN ARC DISTANCE OF 39.78 FEET: THENCE RUN N19027'03"W A DISTANCE OF 75.08 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 365.00 FEET THRU A CENTRAL ANGLE OF 02057'17" AND RUN AN ARC DISTANCE OF 18.82 FEET TO A POINT ON A COMPOUND CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 18.00 FEET THRU A CENTRAL ANGLE OF 99007'19" AND RUN AN ARC DISTANCE OF 31.14 FEET: THENCE RUN S58° 28'20"W A DISTANCE OF 84.97 FEET TO INTERSECT WITH THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1: THENCE RUN N3030'36"W ALONG THE AFORESAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 74.24 FEET: THENCE RUN N58022'46"E AND LEAVING THE 329 RESOLUTION 2023 - AFORESAID EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1 A DISTANCE OF 85.12 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 18.00 FEET THRU A CENTRAL ANGLE OF 101051'56" AND RUN AN ARC DISTANCE OF 32.00 FEET: THENCE RUN N43029'10"W A DISTANCE OF 69.18 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 375.00 FEET THRU A CENTRAL ANGLE OF 04000'46" AND RUN AN ARC DISTANCE OF 26.26 FEET TO A POINT ON A COMPOUND CURVATURE CONCAVE TO THE LEFT HAVING A RADIUS OF 85.00 FEET THRU A CENTRAL ANGLE OF 25018'24" AND RUN AN ARC DISTANCE OF 37.54 FEET: THENCE RUN N72048'20"W A DISTANCE OF 14.52 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET THRU A CENTRAL ANGLE OF 40041'30" AND RUN AN ARC DISTANCE OF 85.22 FEET: THENCE RUN N32006'50"W A DISTANCE OF 209.48 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 180.00 FEET THRU A CENTRAL ANGLE OF 47025'15" AND RUN AN ARC DISTANCE OF 148.98 FEET: THENCE RUN N15008'52"E A DISTANCE OF 38.98 FEET TO INTERSECT WITH THE AFORESAID EASTERLY RIGHT-OF-WAY LINE OF 46TH AVENUE: THENCE RUN N00008'05"W ALONG THE EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 483.78 FEET: THENCE CONTINUE N00008'05"W A DISTANCE OF 441.34 FEET TO THE POINT OF BEGINNING. Lying and being in Indian River County, Florida, is hereby forever closed, abandoned, renounced, disclaimed, and vacated (see attached Exhibit A). 2. The closing, vacation, and abandonment of this segment of public access easement is in the best interests of the public. 3. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof. 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. 5. A replacement public access easement will be recorded via a separate instrument. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss 330 RESOLUTION 2023 - The Chairman thereupon declared the resolution duly passed and adopted this day of , 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller Deputy Clerk State of Florida County of Indian River I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2023. Notary Public APPROVED AS TO LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Andrew Sobczak, Interim Community Development Department 331 1776294 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2067 PG: 1140, 08/14/2006 12:04 PM DOC STAMPS D $0.70 07/31/2005 14:01 7727793391 IN 14IPP/EPCOJrITY PAGE 42/12 PtJtllc A!"ET, rac f Dri_ror D ay Instrument prepared by and ahcvid be returned to lr>e Exhibit A County Attorney's eco 1940 2e Stroat, Vero 6oach. FL EASEMENT This Grant of Easement, made and executed this _L ___ day of AVW f r— , A,D., 2006, by IHP INVESTMENT FUND III, L.P., a California limited partnership, 19800 MacArthur Blvd., Suite 700, Irvine, CA 92612, hereinafter called GRANTOR*, to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florlda, whose address is 1840 25th Street, Vero Beach, FL 32960, hereinafter called GRANTEE*, `Whenever used herein the term GRANTOR and GRANTEE includo all parties to this instrument and their hers, legal representatives, successors, and assgns. WITNESSETH: That GRANTOR for and in consideration of the sum of One Dollar and other consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE an easement for ACCESS PURPOSES on, over, across, and beneath the following described land, together with the right of reasonable ingress and egress over and across the following described land as is necessary to the GRANTEE's use of the right granted herein, situate in Indian River County, Florida, to -wit: SEE EXHIBIT "A' ATTACHED HERETO AND MADE A PART HEREOF And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of the premises in fee simple, and that it has good right and lawful authority to convey the easement established hereby. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seat the day and year first above written. Signed in the presence of: sign: Witness Printed name/ Q'� � 1/7�, {, (a •i etAt .A Sig Wi ess Printedname: t.}t a1kT-L S'ItzO� IHP INVESTMENT FUND III, LP. a California Limited Partnership, By - INSTITUTIONAL HOUSING PARTNERS III, L.P., a California Limited Partnership, its General Partner, By — IHP CAPITAL PARTNERS a California co ratioitsPartner BY Name and title: D" R. 8lom, Serft V" Plrikh" Name and title: Katherine R. Russell Vice President Attachment 2 3-32 BK: 2067 PG: 1141 STATE OF %L--CfI�S ) ss. COUNTY OF The foregoing instrument was acknow led ed before me this �_ day of Au ust, 2006, by I.� 010 till, as .>riC U1 %�' X, X ,:4.-Vr;and rrL GL as lr s/0�=A)7" , of IHP Capital Partners, a California corporation, General Partner of Institutional Housing Partners III, L.P., a California limited partnership, General Partner of IHP Investment Fund III, L.P., a California limited partnership, on behalf of the corporation and partnerships, who is personally known to me or produced as identification. VIRGINIA W. BEAMS-PRYOR MY COMMISSION EXPIRES vr,' S"ffftr 18, 2009 Notary Public Il f" I xt A Attachment 2 -3-33 BK: 2067 PG: 1142 LEGAL DESCRIPTION A PUBLIC ACCESS EASEMENT OVER A PORTION OF SECTIONS 28 AND 33. TOWNSHIP 31 SOUTH. RANGE 39 EAST. INDIAN RIVER COUNTY, FLORIDA SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 6. SECTION 28. TOWNSHIP 31 SOUTH. RANGE 39 EAST. INDIAN RIVER COUNTY. FLORIDA: SAID POINT BEING THE POINT OF BEGINNING: THENCE RUN N 00'20'28"W ALONG THE WEST LINE OF THE AFORESAID GOVERNMENT LOT 6 A DISTANCE OF 44.32 FEET: THENCE LEAVING THE AFORESAID WEST LINE OF THE AFORESAID GOVERNMENT LOT 6 RUN N 44'46'01"E A DISTANCE OF 143.58 FEET: THENCE CONTINUE N 44'46'01"E A DISTANCE OF 398.18 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 115.00 FEET THRU A CENTRAL ANGLE OF 22'23'11 AND RUN AN ARC DISTANCE OF 44.93 FEET; THENCE RUN N 67'09'12"E A DISTANCE OF 24.87 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 23.00 FEET THRU A CENTRAL ANGLE OF 89'46'18" AND RUN AN ARC DISTANCE OF 35.04 FEET TO A POINT ON A REVERSE CURVATURE TO THE RIGHT HAVING A RADIUS OF 1053.00 FEET THRU A CENTRAL ANGLE OF 05'09'01" AND RUN AN ARC DISTANCE OF 94.65 FEET: THENCE RUN N 17'28'05"W A DISTANCE OF 51.72 FEET: THENCE RUN N 22'16'54"W A DISTANCE OF 95.34 FEET: THENCE RUN N 17'28'05"W A DISTANCE OF 17.46 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 239.00 FEET THRU A CENTRAL ANGLE OF 25'13'02" AND RUN AN ARC DISTANCE OF 105.19 FEET: THENCE RUN N42'41'07"W A DISTANCE OF 127.46 FEET TO INTERSECT WITH THE SOUTHERN RIGHT-OF-WAY LINE OF COUNTY ROAD 510. THENCE RUN ON A NON -TANGENT CURVATURE CONCAVE TO THE RIGHT HAVING A CHORD BEARING OF N46'28'25"E HAVING A RADIUS OF 2824.80 FEET THRU A CENTRAL ANGLE OF 02'13'53" AND RUN AN ARC DISTANCE OF 110.02 FEET: THENCE RUN S42'41'07"E AND LEAVING THE AFORESAID SOUTHERN RIGHT-OF-WAY LINE OF COUNTY ROAD 510. A DISTANCE OF 129.08 FEET TO A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 349.00 FEET THRU A CENTRAL ANGLE OF 25'13'02" AND RUN AN ARC DISTANCE OF 153.60 FEET: THENCE RUN SI7'28'05"E A DISTANCE OF 70.97 FEET: THENCE RUN S12*35'20"E A DISTANCE OF 94.05 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 959.00 FEET THRU A CENTRAL ANGLE OF 05'07'12" AND RUN AN ARC DISTANCE OF 85.69 FEET: THENCE RUN S22'50'48"E A DISTANCE OF 68.71 FEET; THENCE RUN S67'09'12"W A DISTANCE OF 147.80 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET THRU CENTRAL ANGLE OF 22'23'11" AND RUN AN ARC DISTANCE OF 13.68 FEET: THENCE RUN S44'46'01"W A DISTANCE OF 404.12 FEET: THENCE CONTINUE S44'46'01"W A DISTANCE OF 79.95 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 138.00 FEET THRU A CENTRAL ANGLE OF 44'56'53" AND RUN AN ARC DISTANCE OF 108.26 FEET: THENCE RUN S00'10'52"E A DISTANCE OF 397.88 FEET: THENCE CONTINUE S00'1052'E A DISTANCE OF 462.27 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 180.00 FEET THRU A CENTRAL ANGLE OF 15'29'16" AND RUN AN ARC DISTANCE OF 48.66 FEET: THENCE RUN S15'18'23"W A DISTANCE OF 21.83 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 140.76 FEET THRU A CENTRAL ANGLE OF 47°25'29" AND RUN AN ARC DISTANCE OF 116.51 FEET; THENCE RUN S32'07'06"E A DISTANCE OF 194.22 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET THRU A CENTRAL ANGLE OF 40'41'14" AND RUN AN ARC DISTANCE OF 56.81 FEET: THENCE RUN S72'48'20"E A DISTANCE OF 26.08 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 135.00 FEET THRU A CENTRAL ANGLE OF 25'18'24" AND RUN AN ARC LENGTH OF 59.63 FEET TO A POINT ON A COMPOUND CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 425.00 FEET THRU A CENTRAL ANGLE OF 04'00'46" AND RUN AN ARC DISTANCE OF 29.77 FEET: THENCE RUN S43'29'10"E A DISTANCE OF 74.35 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 420.82 FEET WITH A CENTRAL ANGLE OF 20'42'38" AND RUN AN ARC DISTANCE OF 152.11 FEET: THENCE RUN S 19'27'03"E A DISTANCE OF 56.66 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET THRU A CENTRAL ANGLE OF 28'29'28" AND RUN AN ARC DISTANCE OF 59.67 FEET; THENCE RUN S09'02'25"W A DISTANCE OF 38.50 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET THRU A CENTRAL ANGLE OF 39'38'22" AND RUN AN ARC DISTANCE OF 55.35 FEET: THENCE RUN S30'21'36"E A DISTANCE OF 140.54 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 140.00 FEET THRU A CENTRAL ANGLE OF 59'31'08" AND RUN AN ARC DISTANCE OF 145.43 FEET: THENCE RUN S69'39'20"E A DISTANCE OF 403.64 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET THRU A CENTRAL ANGLE OF 34'11'00" AND RUN AN ARC DISTANCE OF 47.73 FEET; (CONTINUED ON SHEET 2) SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY FOR SKETCH SEE SHEET 2 -DATE OF SURVEY: 7-13-06 T H I S SURVEY .,I,$ -'NIP -T krAIL 0. Wl THOUT THE S IGNATURE AND ORIGINAL RA`1'S�D SEA.; 'GF °7HE FLORIDA L i CENSED SURVEYOR & MA1�1'j ..N 1�P€Fl, .tire D.W. • SURVEYOR AND:1'MARPER' I N';RESP( NS I BLE CHARGE DAVID M. JONES: Fl,'01..kDA.n'L`ICENSE NUMBER LS 3909 %-ILit VIDS y (S MED AND EALED) SHEET I OF 9 DAVID M. JONES PROFESSIONAL SURVEYOR 6 MAPPER 3899 39TH SQUARE 1772)567-9875 VERO BEACH . FL 32960 03-312 ApC QEFAeEt44SEMENT . GXD 25 3 -1 LAC: ZUD / LIU: 1143 LEGAL DESCRIPTION (CONTINUED FROM SHEET 1) THENCE RUN N56'09'40"E A DISTANCE OF 15.47 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 150.00 FEET THRU A CENTRAL ANGLE OF 34'08'18" AND RUN AN ARC DISTANCE OF 89.37 FEET: THENCE RUN S89"42'02"E A DISTANCE OF 115.10 FEET; THENCE RUN SOO'03'18"W A DISTANCE OF 18.46 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 33.50 FEET THRU A CENTRAL ANGLE OF 29°41'37" AND RUN AN ARC DISTANCE OF 17.36 FEET TO A POINT ON A REVERSE CURVATURE TO THE CONCAVE TO THE LEFT HAVING A RADIUS OF 38.00 FEET THRU A CENTRAL ANGLE OF 29'42'35" AND RUN AN ARC DISTANCE OF 19.70 FEET; THENCE RUN S00'00'58"E A DISTANCE OF 34.47 FEET TO INTERSECT WITH THE NORTH RIGHT-OF-WAY LINE OF 82Nd. STREET: THENCE RUN N89'43'27"W ALONG THE AFORESAID NORTH RIGHT-OF-WAY LINE OF 82Nd STREET A DISTANCE OF 57.33 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE LEFT WITH A CHORD BEARING OF N13'24'38"W HAVING A RADIUS OF 20.90 FEET THRU A CENTRAL ANGLE OF 142'12'41" AND RUN AN ARC DISTANCE OF 51.87 FEET: THENCE RUN N89'42'02"W A DISTANCE OF 51.22 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET THRU A CENTRAL ANGLE OF 30°58'53" AND RUN AN ARC DISTANCE OF 54.07 FEET: THENCE RUN S59'19'05"W A DISTANCE OF 11.52 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 127.00 FEET THRU A CENTRAL ANGLE OF 31'01'35" AND RUN AN ARC DISTANCE OF 68.77 FEET TO INTERSECT WITH THE AFORESAID NORTH RIGHT-OF-WAY LINE OF 82Nd. STREET: THENCE RUN N89'39'20"W ALONG THE NORTH RIGHT-OF-WAY LINE OF 82Nd. STREET A DISTANCE OF 403.64 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT AND LEAVING THE AFORESAID NORTH RIGHT-OF-WAY LINE OF 82Nd STREET HAVING A RADIUS OF 180.00 FEET THRU A CENTRAL ANGLE OF 59'31'08" AND RUN AN ARC DISTANCE OF 186.98 FEET: THENCE RUN N30'21'36"W A DISTANCE OF 140.54 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET THRU A CENTRAL ANGLE OF 39'38'22" AND RUN AN ARC DISTANCE OF 83.02 FEET: THENCE RUN N09'02'25"E A DISTANCE OF 17.54 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET THRU A CENTRAL ANGLE OF 28'29'28" AND RUN AN ARC DISTANCE OF 39.78 FEET: THENCE RUN NI9'27'03"W A DISTANCE OF 75.08 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 365.00 FEET THRU A CENTRAL ANGLE OF 02'57'17" AND RUN AN ARC DISTANCE OF 18.82 FEET TO A POINT ON A COMPOUND CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 18.00 FEET THRU A CENTRAL ANGLE OF 99'07'19" AND RUN AN ARC DISTANCE OF 31.14 FEET: THENCE RUN S58'28'20"W A DISTANCE OF 84.97 FEET TO INTERSECT WITH THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY No. I; THENCE RUN N31'30'36"W ALONG THE AFORESAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 74.24 FEET: THENCE RUN N58'22'46"E AND LEAVING THE AFORESAID EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY No.1 A DISTANCE OF 85.12 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 18.00 FEET THRU A CENTRAL ANGLE OF 101'51'56" AND RUN AN ARC DISTANCE OF 32.00 FEET; THENCE RUN N43'29'10"W A DISTANCE OF 69.18 FEET TO A POINT ON A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 375.00 FEET THRU A CENTRAL ANGLE OF 04'00'46" AND RUN AN ARC DISTANCE OF 26.26 FEET TO A POINT ON A COMPOUND CURVATURE CONCAVE TO THE LEFT HAVING A RADIUS OF 85.00 FEET THRU A CENTRAL ANGLE OF 25'18'24" AND RUN AN ARC DISTANCE OF 37.54 FEET: THENCE RUN N72'48'2o"W A DISTANCE OF 14.52 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET THRU A CENTRAL ANGLE OF 40'41'30" AND RUN AN ARC DISTANCE OF 85.22 FEET: THENCE RUN N32'0650"W A DISTANCE OF 209.48 FEET TO A POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 180.00 FEET THRU A CENTRAL ANGLE OF 47°25'15" AND RUN AN ARC DISTANCE OF 148.98 FEET: THENCE RUN N15'08'52"E A DISTANCE OF 38.98 FEET TO INTERSECT WITH THE AFORESAID EASTERLY RIGHT-OF-WAY LINE OF 46TH AVENUE: THENCE RUN NOO'08'05"W ALONG THE EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 483.78 FEET: THENCE CONTINUE NOO'OS'05"W A DISTANCE OF 441.34 FEET TO THE POINT OF BEGINNING. SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY FOR DESCRIPTION SEE SHEET I SHEET 2 OF 9 03-312 tj!C fi&e 5EMENT.GXD X35 BK: 2067 PG: 1144 ti 9.2s 96S \ 50' LEGEND POB - POINT OF BEGINNING POC - POINT OF COMMENCEMENT ORB - OFFICIAL RECORD BOOK NO - NUMBER TAN - TANGENT CH•D - CHORD rA SURVEYOR'S NOTES: I. ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMAL PARTS THEREOF. 2. BEARING BASE - THE EAST RIGHT OF WAY LINE OF US HIGHWAY I BEARS N 32°06'50'W AND ALL OTHER BEARINGS ARE RELATIVE THERETO. G LINE TABLE Line Bearing Distance LI N.22'16'54"W. 95.34' L2 N.17'28'05"W. 17.46' L3 S.12'35'20"E. 94.05' L4 S.17°28'05"E. 70.97' L5 N.17'28'05" W. 51.72' a W SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY FOR DESCRIPTION SEE SHEET I 03-312 alTQEMeiR&SEMENT . GXD 53ro CURVE TABLE NO. RADIUS DELTA ARC TAN. CHORD CH'D BEARING sgDaE 2 2239 00' 25'13 02" 105.19' 53.46' S.30'04'36"E. N6�•2��NE . A 104.34' 4 349.00' 2513'02" 153.60' 7807' 152.37? S.30'04'36"E: 5 1053.00' 05'09'01" 94.65' 47.36' N.20'02'35"W. 94.62' SHEET 3 OF 9 SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY FOR DESCRIPTION SEE SHEET I 03-312 alTQEMeiR&SEMENT . GXD 53ro BK: 2067 PG: 1145 X37 03-312 �'S"Se AEMENT.GXD 6 titrc4 -Z ,^WW/ 2. VI O _ 1 - 50' S 3 co LINE TABLE vLine Bearing Distance LI N.67'09'12"E. 24.87' L2 S.22'50'48"E. 68.71' CURVE TABLE NO. RADIUS DELTA ARC TAN. CHORD CHI) BEARING 1 115.00' 22'231" 44.93' 22.76' 44.65' N.55'57'37"E. 2 23.00' 89'46'18" 36.04' 22.91' 32.46' S.22'16'03"W. 3 35.00' 22'23'11" 13.68' 6.93' 13.59' N.5557'37"E. z Lijw cn Lu LEGEND 00 iI POB - POINT OF BEGINNING rn $ POC - POINT OF COMMENCEMENT n W ORB - OFFICIAL RECORD BOOK NO - NUMBER TAN - TANGENT U CH'D - CHORD c � N z U H m n SURVEYOR'S NOTES: I. ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMAL PARTS THEREOF. 2. BEARING BASE - THE EAST RIGHT OF WAY LINE OF US HIGHWAY I BEARS N 32°06'50-W AND ALL OTHER BEARINGS ARE RELATIVE THERETO. .45'13'59"W. 50.00' MATCH LINE '- SHEET 4 OF 9 SEE SHEET 5 DAVID M. JONES SKETCH OF DESCRIPTION N O T A FIELD PROFESSIONAL SURVEYOR a MAPPER BOUNDARY SURVEY 3899 FOL32960 F O R DESCRIPTION S E E SHEET 1 (772)567-9875 VEROBEACH N U X37 03-312 �'S"Se AEMENT.GXD BK: 2067 PG: 1146 SKETCH OF DESCRIPTION MATCHLINE "C NOT A FIELD BOUNDARY SURVEY SEE BELOW LEFT F O R DES RIPTION SEE < II 89•49'08"w. SHEET I ti�sso Co Z= I- �OZblZo �9•. �A.y?) LLl�JoWU LU izC a4 �. ONO LINE TABLE M Line Bearing Distance Lt N.00.20'28"W. 44.32' L2 S.44.46'01"W. 79.95' J L3 S.15.18'23"W. 21.83' F— L4 N.15.08'52"E. 38.98' Q SECTION 28 LLJ SECTION 33 W N W z N h cCo O v ^ UJ a W' " 0 Lu cn I 50 o U o CL < Z o W LEGEND U UO POB - POINT OF BEGINNING POC OF COMMENCEMENT u a - POINT >- p M 24 ORB - OFFICIAL RECORD BOOK NO - NUMBER 3 N o o Wm LLJ u TAN - TANGENT CH'D - CHORD n `r A U LL �< �Z� � a 0 3 V� 3 �mZ U r 4�[o M mMP �~ � = N p Uz CA O N ou,In 3 n LL I =nv vo C-2 ' �6 I LnN CO �F5 1— Q'NfO, N Q 4sc w P J < u- O :D N4p4228., NLI�, E SHEE N • . oS�o 6 SHEET OF 9 cl��$ 40.41' Z_cv DAVID M. JONES A.89'40'08 -WI PROFESSIONAL SURVEYOR 6 MAPPER MA SE CHLINE "T' ABOVE RI HT 3899 39TH SQUARE (772)567-4875 VERO BEACH FL 32960 550 03-312 AA�??'9'A-SEMENT.GXD BK: 2067 PG: 1147 W-1 rn M 7 M 3 M S9ov `'�8 S 1" - 50' SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY FOR DESCRIPTION SEE SHEET I �9 D N W 50.27' S.52'25'22"W- M TCHLINE -E SEE SHEET LEGEND POB - POINT OF BEGINNING POC - POINT OF COMMENCEMENT ORB - OFFICIAL RECORD BOOK NO - NUMBER TAN - TANGENT CH'D - CHORD SHEET 6 OF 9 -woi3 vtnv ULAN , rL aeyov' 3� Attachment 2 03-312 ACCESS EASEMENT.GXD LINE TABLE Line Bearing Dlsionce LI 5.72'48'20'E. 26.08' L2 $.43'29'10"E. 74.35' L3 N.43'29'10"W. 69.18' L4 N.72'48'20"W. 14.52' CURVE TABLE NORADIUS DELTA ARC TAN. CHORD CH'D BEARING 1140.76' 47°25'29" 116.51' 61.82' 113.21' N.08.16'14"W. 2 80.00' 40°41'14" 56.81' 29.66' 55.62' N.52'27'43"W. 3 135.00' 25'18'24" 59.63' 30.31' 59.14' 5.60'09'08"E. 4 425.00' 04'00'46" 29.77' 14.89' 29.76' S.45'29'33"E. 5 375.00' 04'00'46" 26.26' 13.14' 26.26' S.45"29'33"E. 6 85.00' 25°18'24" 37.54' 19.08' 37.24' 5.60'09'08"E. 7 120.00' 40°41'30" 85.22' 44.50' 83.44' N.52'27'35"W. 8 180.00' 47'25'15" 148.98' 79.05' 144.76' N,08'24'13"W. SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY FOR DESCRIPTION SEE SHEET I �9 D N W 50.27' S.52'25'22"W- M TCHLINE -E SEE SHEET LEGEND POB - POINT OF BEGINNING POC - POINT OF COMMENCEMENT ORB - OFFICIAL RECORD BOOK NO - NUMBER TAN - TANGENT CH'D - CHORD SHEET 6 OF 9 -woi3 vtnv ULAN , rL aeyov' 3� Attachment 2 03-312 ACCESS EASEMENT.GXD BK: 2067 PG: 1148 MHEE /� , ' �L7 ` SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY FOR DESCRIPTION SEE SHEET I SHEET 7 OF 9 1 3899 39TH SQUARE/0 /g -9875 VERO BEACH FL 32960 03-312 A S*nVA9EMENT.GXD 1 50' Cn N F- F- < m O >C a r n VCf r �J z rn LEGEND O -r1 POB - POINT OF BEGINNING POC - POINT OF COMMENCEMENT 2Cn ORB - OFFICIAL RECORD BOOK NO - NUMBER v^> TAN - TANGENT = CH'D - CHORD < z o v LINE TABLE Line Bearing Distance LI S.19'27'03'E. 56.66' L2 S.09'02'25"W. 38.50' �n L3 N.09'02'25"E. 17.54' m i I o L4 N.19'27'03"W. 75.08' Z o C; L5 S.58'28'20"W. 84.97' .A rn L6 N.31'30'36"W. 74.24' IJ L7 N.58'22'46"E. 85.12' I I { CURVE TABLE X: 13 I ' i -��1 NO.RADIUS DELTA ARC TAN. CHORD CH'D BEARING 1 420.82' 20'42'38" 152.11' 76.90' 151.29' $.29'48'23"E. z 2120.00' 28'29'28" 59.67' 30.47' 59.06' 5.05'12'19"E. 3 80.00' 39'38'22" 55.35' 28.83' 54.25' N.10'4646"W. 4120.00' 39'38'22" 83.02' 43.25' 81.38' N.10'46'46"W. 5 80.00' 28'29'28" 39.78' 20.31' 39.37' S.051219"E. 6 365.00' 02°57'17" 18.82' 9.41' 18.82' S.20'55'42"E. 7 18.00' 99'07'19" 31.14' 21.12' 27.40' $.71'58'00'E. 8 18.00' 101'51'56" 32.00' 22.17' 27.95' S.07'26'48"W. 40.00' $.59°5148"W. MA CHLINE "" S E SHEE 8 SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY FOR DESCRIPTION SEE SHEET I SHEET 7 OF 9 1 3899 39TH SQUARE/0 /g -9875 VERO BEACH FL 32960 03-312 A S*nVA9EMENT.GXD 1 BK: 2067 PG: 1149 EASTERLY RIGHT-OF-WAY 3y LINE OF U.S. HIGHWAY No. 1 .wl 1" - 50' c� 0 T > CURVE TABLE < NO. RADIUS DELTA ARC TAN, CHORD CH'D BEARING C 1 140.00' 59'31'08" 145.43' 80,05' 138.98' N.59'53'46"W. 2 180.00' 59'31'08" 186.98' 102.92' 178.69' N.59'5346"W. �i N R M M co F— C-7) z M cn LEGEND � POB - POINT OF BEGINNING � M POC - POINT OF COMMENCEMENT ORB - OFFICIAL RECORD BOOK o cn o to NO - NUMBER TAN - TANGENT J. w CH'D - CHORD a I M a � C 11n I ' I 3 M z SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY FOR DESCRIPTION SEE SHEET I 04'29'08"E ' SHEET 8 OF 9 MA "SHEE 9 DAVID M. JONES PROFESSIONAL SURVEYOR A MAPPER 3899 39TH SOUARE (772)567-9875 VERO BEACH . FL 32960 Attachment 2 03-312 ACCESS EASEMENT.GXD 14( BK: 2067 PG: 1150 LEGEND POB - POINT OF BEGINNING POC - POINT OF COMMENCEMENT ORB - OFFICIAL RECORD BOOK NO - NUMBER TAN - TANGENT CH'D - CHORD 50' 5.89'412'02"E. 115.10' C2� J PUBLIC ACCESS cc 0 EASEMENT' M o l61 L5 g N Cn c c 6 -..I RIGHT-OF-WAY UNE OF 82Nd. STREET i LINE TABLE Line Bearing Distance Li N.56'09'40"E. 15.47' L2 S.00'03'18"W. 18.46' L3 S.00'00'5&'E- 34.47' L4 N.89°43'27"W. 57.33' L5 N.89'42'02"W. 5122' L6 S.59'19'05"W. 11.52' CURVE TABLE NORADIUS DELTA ARC TAN. CHORD CHI) BEARING 1 80.00' 34%1'00" 47.73' 24.60' 47.02' S.73'15'10"W. 2 150.00' 34'08'18" 89.37' 46.06' 88.06' N 73'13'49"IF 3 33.50' 29'4Y37" 17.35' 8.88' 17.17' S.14'50'48"W. 4 38.00' 29'4235" 19.70' 10.08' 19.48' N.14'50'19"E. 5 20.90' 142°12'41" 51.87' 61.06' 39.55' N.13'24'38"W. 6 100.00' 30'58'53" 54.07' 27.72' 53.42' N.74'48'32"E. 7 127.00' 3rorm- 68.77' 35.25' 67.93' S.74'49'52"W. SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY FOR DESCRIPTION SEE SHEET I SHEET 9 OF 9 -9875 Mi BEACH . FL 32960 I �� Attachment 2 03-312 ACCESS EASEMENT.GX o; Board of County Commissioners July 11, 2023 � • 3L ° t, f k Summary • All reviewing departments have reviewed and recommended abandonment • Revised design and replacement easement Replacement easement will following with be recorded immediately_ the abandonment resolution Staff Recommendationts Staff recommends that the Board of County Commissioners abandon its rights to the subject . public access easement, and authorize the chairman to execute the attached abandonment resolution with the condition that the replacement. easement be recorded immediately following with the abandonment resolution. Treasure Com Newspapers PAKT OF THE USATODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn: Kathy Charest INDIAN RIVER COUNTY PLANNING 180127 TH STREET NOTICE OF PUBLIC HEARING - VERO BEACH, FL 32960 ABANDONMENT STATE OF WISCONSIN This is notice of a public hear- ing of the Indian River County COUNTY OF BROWN Board of County Commission- ers to consider a request by Pulte Home Company, LLC for Before the undersigned authority personally appeared, who on abandonment of aublic ac- s that he or she is the Legal Coordinator of the Indian oath says 9 cess easement recorded in Of - ficial Records Book 2067, Page River Press Journal, published in Indian River County, Florida: that 1140; said lying and be - the attached copy of advertisement, being a Public Notices was i inlands Florida. Indian River County, published on the publicly accessible website of Indian River , Florida, or in a newspaper b rint in the issues of, on: County, Y P p public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commission- ers of Indian River County, 0 612 512 0 2 3 Florida, in the County Com- mission Chambers of the County Administration Build- ing, located at 1801 27th Street, Vero Beach, Florida on Tuesday, July 11, 2023 at 9:00 Affiant further says that the website or newspaper complies with AM' all legal requirements for publication in chapter 50, Florida Please direct planning -related Statutes. questions to the Current De- velopment Planning Section at 772-226-1239. All docu- ments pertaining to this re- quest are on file in the Indian River County Planning Divi- sion, located at 1801 27th Street within building "A" of the County Administration Subscribed and sworn to before me, b the legal clerk, who is y g complex. Documents may be reviewed by members of the personally known to me, on June 25, 2023: public during normal business hours. All members of the public are invited to attend and participate in the public hearing. Notary, State of NI, County of Brown Anyone who may wish to ap- peal any decision, which may be made at this meeting, will r need to ensure that a verba- tim record of the proceedings is made, which includes testi- mony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CON - KA I T LYN F E LTY TACT THE COUNTY'S AMERI- CANS WITH DISABILITIES ACT Notary Public (ADA) COORDINATOR AT 772- 226-1223 AT LEAST 48 HOURS State Of Wisconsin IN ADVANCE OF THE MEET- ING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMIS- SIONERS BY -s- Joseph H. Earman, Publication Cost: $124.83 Chairman PUB: June 25, 2023 Ad No:0005743585 TCN5743585 Customer No: 1310785 PO #: 9 of Affidavits • . 0*614-1• Ii IN .10 7n?3 W INDIAN RIVER COUNTY ."IMMUNTTY DEVELOPMENT DEPARTMENTAL Indian River County Interoffice Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Through: John A. Titkanich Jr., County Administrator Date: June 29, 2023 From: Kristin Daniels X X X Director, Office of Management & Budget Subject: Consideration of Levying an Additional Cent of Tourist Tax Description and Conditions On June 20, 2023, the Board of County Commissioners requested Staff to evaluate how a potential additional cent of Tourist Tax could be spent, as well as provide a 10 -year history of the revenues and expenses incurred in the Beach Restoration Fund. Per Florida Statute 125.0104 the County currently levies four cents of Tourist Tax. Those four cents are split amongst three funds. The Beach Restoration Fund receives 1 5/6th cents, the Tourism Development Fund receives 1 2/3rd cents, and the Jackie Robinson Training Complex (JRTC) Fund receives one-half of a cent. According to the statute, Indian River County is able to levy what is referred to as the "sixth cent", which would be the fifth cent of Tourist Tax levy for the County. The following table illustrates the allowable uses for each cent per the statute. Eligible Usage Categories 1St or 2nd 3rd 4th 61h Sports Stadium Maintenance/Capital X X Sorts Stadium Capital X X X X Tourism Promotion X X X X Beach Restoration X X Beach Restoration Fund History As mentioned previously, the Beach Restoration Fund receives the largest allocation of Tourist Tax revenue totaling 1 5/6th cents, or $1,897,362, for the upcoming fiscal year. Revenue for this fund is also derived from Federal Emergency Management Agency (FEMA) grants, Florida Department of Environmental Protection (FDEP) grants, insurance proceeds, and other miscellaneous revenues, as qualifying events occur. Although the fund receives revenues from multiple different sources, the timing of grants reimbursements has posed a challenge to fund balance. Currently, the Beach Restoration Fund has a negative fund balance of approximately $3.9M, with $14.3M in reimbursable grants owed to the County, leaving the estimated fund balance after receivables at approximately $10.4M. With the Board's recent decision to terminate the Sector 7 project as previously designed, sufficient funding remains to renourish the sand loss attributed to Hurricanes Ian and Nicole on Sectors 3, 4 and 5. Furthermore, the release of FDEP grant 231R2 is scheduled to fund the local match for these projects resulting in minimal costs to the County. The table below illustrates the amount of revenues and expenses incurred over the last ten years in the Beach Restoration Fund. 343 Board of County Commissioners Page 2 of 4 June 29, 2023 Revenue Type Amount Received Expense Type Amount Expenses Tourist Tax $10,545,831 Personnel Services $1,730,022 Grants $8,198,643 Contractual Services $5,841,427 FEMA Proceeds $2,830,700 Operating Expenses $74,358 Insurance Proceeds $5,021,506 Other Expenses $310,165 Miscellaneous Rev. $2,811,318 Capital Expenses $33,386,619 Total Revenues $29,407,998 Total Expenses $41,342,591 The following beach renourishment projects have been completed over the last ten years: • Sector 3 — Dune Only Project Completed in 2015 o $3,689,363 for 182,431 cubic yards of sand placement o Post Hurricane Sandy • Sector 5 - Beach Renourishment Completed in 2020 o $7,114,883 for 166,176 cubic yards of sand placement o Post Hurricanes Matthew, Irma and Dorian • Sector 3 - Beach Renourishment Completed in 2022 o $21,511,453 for 522,186 cubic yards of sand placement o Post Hurricanes Matthew, Irma and Dorian JRTC Lease Obligation Currently, per the County's lease agreement with the JRTC, the County is obligated to provide $800,000 per lease year to fund $200,000 in maintenance expenses and $600,000 in capital expenses. In order to satisfy this contractual obligation, the County allocates one-half cent of Tourist Tax proceeds totaling approximately $500,000 with the remaining $300,000 being funded by Optional Sales Tax revenues. On September 1, 2023 the County's annual lease obligation will decrease from $800,000 to $400,000, thus the current one-half cent of Tourist Tax proceeds ($517,500) allocated to the fund will not be fully utilized. In order to carry out the Board's direction to appropriate as much Tourist Tax funding as possible to the Beach Restoration Fund, Staff recommends the Board consider decreasing the amount of Tourist Tax allocated to this fund. Reducing the allocation to one-quarter of a cent will generate $258,750 which sufficiently covers the maintenance portion of the County's lease obligation ($200,000). Staff recommends the remaining $141,249 be funded from Optional Sales Tax revenues. This frees up one- quarter of a cent, or $258,750, to be allocated to the Beach Restoration Fund. Proposed Allocation — 6` Cent As mentioned previously, the County has the ability to levy what is referred to in Florida Statute 125.0104 as the "sixth cent". This additional cent of Tourist Tax proceeds would generate approximately $1 M in FY 23/24. Although the revenue from this sixth cent, per statute, is only permitted to fund the debt service on bonds related to a professional sports franchise or retained spring training facility, or promote and advertise tourism in the state, nationally and internationally, the current allocation of each cent can be redistributed in order to allow the maximum amount possible to be allocated towards the Beach Renourishment Fund. In order to levy this additional cent, there must be a super majority vote in favor of the levy, as well as a change to the County's code. If the Board so chooses to levy the additional cent, Staff proposes the allocation below. 344 Board of County Commissioners Page 3 of 4 June 29, 2023 Eligible Usage Categories 1st or 2n1 3rd 4th 6th Total Sports Stadium 0.25 0.25 Tourism Promotion 1.0 1.0 2.0 Beach Restoration 1.75 1.0 2.75 Total 2.0 1.0 1.0 1.0 5.0 The following table illustrates the changes to each fund's Tourist Tax revenue allocation which includes the additional cent. Eligible Usage Categories 4 Cents Funding 5 Cents Funding Increase/ Decrease % Increase/ Decrease Sports Stadium $517,500 $258,750 $258,750 50% Tourism Promotion $1,725,138 $2,070,000 $344,862 20% Beach Restoration $1,897,362 $2,846,250 $948,888 50% Total $4,140,000 $5,175,000 $1,035,000 25% This scenario decreases the JRTC funding to cover the reduced amount necessary to fund the annual lease obligation, allocates an additional $344,862 or 20% to the Tourism Development Fund, and allocates an additional $948,888 or 50% to the Beach Renourishment Fund. In order to continue funding the expenses Indian River County currently funds utilizing Tourist Tax revenues, the fourth and sixth cents can only be used for Tourism Promotion, therefore by levying all five cents, two cents will always be the minimum allocated to this fund. Reallocation of Existing Four Cents In the event the Board chooses not to levy the additional cent of Tourist Tax, Staff recommends the reallocation of the existing four cents in order to maximize the amount allocated to the Beach Renourishment Fund. Eligible Usage Categories 11 or 211 3rd 4th Total Sports Stadium 0.25 0.25 Tourism Promotion 0.67 1.0 1.67 Beach Restoration 1.08 1.0 2.08 Total 2.0 1.0 1.0 4.0 The following table illustrates the changes to each fund's Tourist Tax revenue allocation levying only the first four cents per statute. Eligible Usage Categories 4 Cents Funding 4 Cent Reallocation Increase/ Decrease % Increase/ Decrease Sports Stadium $517,500 $258,750 $258,750 50% Tourism Promotion $1,725,138 $1,725,138 $0 0% Beach Restoration $1,897,362 $2,156,112 $258,750 13.6% Total $4,140,000 $4,140,000 $0 0%771 This scenario decreases the JRTC funding to cover the reduced amount necessary to fund the annual lease obligation, does not impact the Tourism Development Fund, and allocates an additional $258,750 to the Beach Renourishment Fund. 345 Board of County Commissioners Page 4 of 4 June 29, 2023 Staff is presenting three options for the Board's consideration. Option 1: Levy an additional cent of Tourist Tax, effective October 1, 2023. Split the 5 cents collected amongst the following funds: Beach Restoration Fund — 2 % cents Tourist Development Fund — 2 cents Jackie Robinson Training Complex Fund — % cent Option 2: Do not levy an additional cent of Tourist Tax and reallocate the existing 4 cents amongst the following funds: Jackie Robinson Training Complex Fund — % cent Tourist Development Fund — 1 2/3rd cents Beach Restoration Fund — 2 1/12t' cents Option 3: Do not levy an additional cent of Tourist Tax and do not change the existing allocation. Recommendation Staff is seeking direction regarding the Board's desire to levy an additional cent of Tourist Tax, as well as how the proceeds of Tourist Taxes are to be spent. Attachment Florida Statute 125.0104 346 4/27/23, 2:53 PM Statutes & Constitution :View Statutes : Online Sunshine Select Year: 12022 v 'Go The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XI Chapter 125 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL COUNTY Chapter RELATIONS GOVERNMENT 125.0104 Tourist development tax; procedure for levying; authorized uses; referendum; enforcement.— (1) SHORT TITLE.—This section shall be known and may be cited as the "Local Option Tourist Development Act." (2) APPLICATION; DEFINITIONS.— (a) Application.—The provisions contained in chapter 212 apply to the administration of any tax levied pursuant to this section. (b) Definitions.—For purposes of this section: 1. "Promotion" means marketing or advertising designed to increase tourist -related business activities. 2. "Tourist" means a person who participates in trade or recreation activities outside the county of his or her permanent residence or who rents or leases transient accommodations as described in paragraph (3)(a). 3. "Retained spring training franchise" means a spring training franchise that had a location in this state on or before December 31, 1998, and that has continuously remained at that location for at least the 10 years preceding that date. (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.— (a)1. It is declared to be the intent of the Legislature that every person who rents, leases, or lets for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel, roominghouse, mobile home park, recreational vehicle park, condominium, or timeshare resort for a term of 6 months or less is exercising a privilege which is subject to taxation under this section, unless such person rents, leases, or lets for consideration any living quarters or accommodations which are exempt according to the provisions of chapter 212. 2.a. Tax shall be due on the consideration paid for occupancy in the county pursuant to a regulated short-term product, as defined in s. 721.05, or occupancy in the county pursuant to a product that would be deemed a regulated short-term product if the agreement to purchase the short-term right were executed in this state. Such tax shall be collected on the last day of occupancy within the county unless such consideration is applied to the purchase of a timeshare estate. The occupancy of an accommodation of a timeshare resort pursuant to a timeshare plan, a multisite timeshare plan, or an exchange transaction in an exchange program, as defined in s. 721.05, by the owner of a timeshare interest or such owner's guest, which guest is not paying monetary consideration to the owner or to a third party for the benefit of the owner, is not a privilege subject to taxation under this section. A membership or transaction fee paid by a timeshare owner that does not provide the timeshare owner with the right to occupy any specific timeshare unit but merely provides the timeshare owner with the opportunity to exchange a timeshare interest through an exchange program is a service charge and not subject to taxation under this section. b. Consideration paid for the purchase of a timeshare license in a timeshare plan, as defined in s. 721.05, is rent subject to taxation under this section. (b) Subject to the provisions of this section, any county in this state may levy and impose a tourist development tax on the exercise within its boundaries of the taxable privilege described in paragraph (a), except that there shall be no additional levy under this section in any cities or towns presently imposing a municipal resort tax as authorized under chapter 67-930, Laws of Florida,. and this section shall not in any way affect the powers www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0125/Sections/0125.0104.html 347 1/10 4/27/23, 2:53 PM Statutes & Constitution :View Statutes : Online Sunshine and existence of any tourist development authority created pursuant to chapter 67-930, Laws of Florida. No county authorized to levy a convention development tax pursuant to s. 212.0305, or to s. 8 of chapter 84-324, Laws of Florida, shall be allowed to levy more than the 2 -percent tax authorized by this section. A county may elect to levy and impose the tourist development tax in a subcounty special district of the county. However, if a county so elects to levy and impose the tax on a subcounty special district basis, the district shalt embrace all or a significant contiguous portion of the county, and the county shalt assist the Department of Revenue in identifying the rental units subject to tax in the district. (c) The tourist development tax shall be levied, imposed, and set by the governing board of the county at a rate of 1 percent or 2 percent of each dollar and major fraction of each dollar of the total consideration charged for such lease or rental. When receipt of consideration is by way of property other than money, the tax shalt be levied and imposed on the fair market value of such nonmonetary consideration. (d) In addition to any 1 -percent or 2 -percent tax imposed under paragraph (c), the governing board of the county may levy, impose, and set an additional 1 percent of each dollar above the tax rate set under paragraph (c) by the extraordinary vote of the governing board for the purposes set forth in subsection (5) or by referendum approval by the registered electors within the county or subcounty special district. No county shall levy, impose, and set the tax authorized under this paragraph unless the county has imposed the 1 -percent or 2 -percent tax authorized under paragraph (c) for a minimum of 3 years prior to the effective date of the levy and imposition of the tax authorized by this paragraph. Revenues raised by the additional tax authorized under this paragraph shalt not be used for debt service on or refinancing of existing facilities as specified in subparagraph (5)(a)1. unless approved by a resolution adopted by an extraordinary majority of the total membership of the governing board of the county. If the 1 -percent or 2 -percent tax authorized in paragraph (c) is levied within a subcounty special taxing district, the additional tax authorized in this paragraph shall only be levied therein. The provisions of paragraphs (4)(a) -(d) shalt not apply to the adoption of the additional tax authorized in this paragraph. The effective date of the levy and imposition of the tax authorized under this paragraph shall be the first day of the second month following approval of the ordinance by the governing board or the first day of any subsequent month as may be specified in the ordinance. A certified copy of such ordinance shalt be furnished by the county to the Department of Revenue within 10 days after approval of such ordinance. (e) The tourist development tax shall be in addition to any other tax imposed pursuant to chapter 212 and in addition to all other taxes and fees and the consideration for the rental or lease. (f) The tourist development tax shall be charged by the person receiving the consideration for the lease or rental, and it shall be collected from the lessee, tenant, or customer at the time of payment of the consideration for such lease or rental. (g) The person receiving the consideration for such rental or tease shall receive, account for, and remit the tax to the Department of Revenue at the time and in the manner provided for persons who collect and remit taxes under s. 212.03. The same duties and privileges imposed by chapter 212 upon dealers in tangible property, respecting the collection and remission of tax; the making of returns; the keeping of books, records, and accounts; and compliance with the rules of the Department of Revenue in the administration of that chapter shalt apply to and be binding upon all persons who are subject to the provisions of this section. However, the Department of Revenue may authorize a quarterly return and payment when the tax remitted by the dealer for `the preceding quarter did not exceed $25. (h) The Department of Revenue shalt keep records showing the amount of taxes collected, which records shalt also include records disclosing the amount of taxes collected for and from each county in which the tax authorized by this section is applicable. These records shall be open for inspection during the regular office hours of the Department of Revenue, subject to the provisions of s. 213.053. (i) Collections received by the Department of Revenue from the tax, less costs of administration of this section, shall be paid and returned monthly to the county which imposed the tax, for use by the county in accordance with the provisions of this section. They shall be placed in the county tourist development trust fund of the respective county, which shall be established by each county as a condition precedent to receipt of such funds. www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0125/Sections/0125.0104.html 348 2/10 4/27/23, 2:53 PM Statutes & Constitution :View Statutes : Online Sunshine (j) The Department of Revenue is authorized to employ persons and incur other expenses for which funds are appropriated by the Legislature. (k) The Department of Revenue shall promulgate such rules and shall prescribe and publish such forms as may be necessary to effectuate the purposes of this section. (t) In addition to any other tax which is imposed pursuant tathis section, a county may impose up to an additional 1 -percent tax on the exercise of the privilege described in paragraph (a) by majority vote of the governing board of the county in order to: 1. Pay the debt service on bonds issued to finance the construction, reconstruction, or renovation of a professional sports franchise facility, or the acquisition, construction, reconstruction, or renovation of a retained spring training franchise facility, either publicly owned and operated, or publicly owned and operated by the owner of a professional sports franchise or other lessee with sufficient expertise or financial capability to operate such facility, and to pay the planning and design costs incurred prior to the issuance of such bonds. 2. Pay the debt service on bonds issued to finance the construction, reconstruction, or renovation of a convention center, and to pay the planning and design costs incurred prior to the issuance of such bonds. 3. Pay the operation and maintenance costs of a convention center for a period of up to 10 years. Only counties that have elected to levy the tax for the purposes authorized in subparagraph 2. may use the tax for the purposes enumerated in this subparagraph. Any county that elects to levy the tax for the purposes authorized in subparagraph 2. after July 1, 2000, may use the proceeds of the tax to pay the operation and maintenance costs of a convention center for the life of the bonds. 4. Promote and advertise tourism in the State of Florida and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event to tourists. The provision of paragraph (b) which prohibits any county authorized to levy a convention development tax pursuant to s. 212.0305 from levying more than the 2 -percent tax authorized by this section, and the provisions of paragraphs (4)(a) -(d), shall not apply to the additional tax authorized in this paragraph. The effective date of the levy and imposition of the tax authorized under this paragraph shall be the first day of the second month following approval of the ordinance by the governing board or the first day of any subsequent month as may be specified in the ordinance. A certified copy of such ordinance shall be furnished by the county to the Department of Revenue within 10 days after approval of such ordinance. (m)1. In addition to any other tax which is imposed pursuant to this section, a high tourism impact county may impose an additional 1 -percent tax on the exercise of the privilege described in paragraph (a) by extraordinary vote of the governing board of the county. The tax revenues received pursuant to this paragraph shall be used for one or more of the authorized uses pursuant to subsection (5). 2. A county is considered to be a high tourism impact county after the Department of Revenue has certified to such county that the sales subject to the tax levied pursuant to this section exceeded $600 million during the previous calendar year, or were at least 18 percent of the county's total taxable sales under chapter 212 where the sales subject to the tax levied pursuant to this section were a minimum of $200 million, except that no county authorized to levy a convention development tax pursuant to s. 212.0305 shall be considered a high tourism impact county. Once a county qualifies as a high tourism impact county, it shall retain this designation for the period the tax is levied pursuant to this paragraph. 3. The provisions of paragraphs (4)(a) -(d) shall not apply to the adoption of the additional tax authorized in this paragraph. The effective date of the levy and imposition of the tax authorized under this paragraph shall be the first day of the second month following approval of the ordinance by the governing board or the. first day of any subsequent month as may be specified in the ordinance. A certified copy of such ordinance shali be furnished by the county to the Department of Revenue within 10 days after approval of such ordinance. (n) In addition to any other tax that is imposed under this section, a county that has imposed the tax under paragraph (l) may impose an additional tax that is no greater than 1 percent on the exercise of the privilege www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0125/Sections/0125.0104.html 349 3/10 4/27/23,2:53 PM Statutes & Constitution :View Statutes : Online Sunshine described in paragraph (a) by a majority plus one vote of the membership of the board of county commissioners in order to: 1. Pay the debt service on bonds issued to finance: a. The construction, reconstruction, or renovation of a facility either publicly owned and operated, or publicly owned and operated by the owner of a professional sports franchise or other lessee with sufficient expertise or financial capability to operate such facility, and to pay the planning and design costs incurred prior to the issuance of such bonds for a new professional sports franchise as defined in s. 288.1162. b. The acquisition, construction, reconstruction, or renovation of a facility either publicly owned and operated, or publicly owned and operated by the owner of a professional sports franchise or other lessee with sufficient expertise or financial capability to operate such facility, and to pay the planning and design costs incurred prior to the issuance of such bonds for a retained spring training franchise. 2. Promote and advertise tourism in the State of Florida and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event to tourists. A county that imposes the tax authorized in this paragraph may not expend any ad valorem tax revenues for the acquisition, construction, reconstruction, or renovation of a facility for which tax revenues are used pursuant to subparagraph 1. The provision of paragraph (b) which prohibits any county authorized to levy a convention development tax pursuant to s. 212.0305 from levying more than the 2 -percent tax authorized by this section shall not apply to the additional tax authorized by this paragraph in counties which levy convention development taxes pursuant to s. 212.0305(4)(a). Subsection (4) does not apply to the adoption of the additional tax authorized in this paragraph. The effective date of the levy and imposition of the tax authorized under this paragraph is the first day of the second month following approval of the ordinance by the board of county commissioners or the first day of any subsequent month specified in the ordinance. A certified copy of such ordinance shall be furnished by the county to the Department of Revenue within 10 days after approval of the ordinance. (4) ORDINANCE LEVY TAX; PROCEDURE.— (a) The tourist development tax shall be levied and imposed pursuant to an ordinance containing the county tourist development plan prescribed under paragraph (c), enacted by the governing board of the county. The ordinance levying and imposing the tourist development tax shall not be effective unless the electors of the county or the electors in the subcounty special district in which the tax is to be levied approve the ordinance authorizing the levy and imposition of the tax, in accordance with subsection (6). The effective date of the levy and imposition of the tax shall be the first day of the second month following approval of the ordinance by referendum, as prescribed in subsection (6), or the first day of any subsequent month as may be specified in the ordinance. A certified copy of the ordinance shall be furnished by the county to the Department of Revenue within 10 days after approval of such ordinance. The governing authority of any county levying such tax shall notify the department, within 10 days after approval of the ordinance by referendum, of the time period during which the tax will be levied. (b) At least 60 days prior to the enactment of the ordinance levying the tax, the governing board of the county shall adopt a resolution establishing and appointing the members of the county tourist development council, as prescribed in paragraph (e), and indicating the intention of the county to consider the enactment of an ordinance levying and imposing the tourist development tax. (c) Prior to enactment of the ordinance levying and imposing the tax, the county tourist development council shall prepare and submit to the governing board of the county for its approval a plan for tourist development. The plan shall set forth the anticipated net tourist development tax revenue to be derived by the county for the 24 months following the levy of the tax; the tax district in which the tourist development tax is proposed; and a list, in the order of priority, of the proposed uses of the tax revenue by specific project or special use as the same are authorized under subsection (5). The plan shall include the approximate cost or expense allocation for each specific project or special use. www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0125/Sections/0125.0104.html 350 4/10 4/27/23, 2:53 PM Statutes & Constitution :View Statutes : Online Sunshine (d) The governing board of the county shall adopt the county plan for tourist development as part of the ordinance levying the tax. After enactment of the ordinance levying and imposing the tax, the plan of tourist development may not be substantially amended except by ordinance enacted by an affirmative vote.of.a majority plus one additional member of the governing board. (e) The governing board of each county which levies and imposes a tourist development tax under this section shalt appoint an advisory council to be known as the "_(name of county_ Tourist Development Council." The council shall be established by ordinance and composed of nine members who shall be appointed by the governing board. The chair of the governing board of the county or any other member of the governing board as designated by the chair shall serve on the council. Two members of the council shall be elected municipal officials, at least one of whom shall be from the most populous municipality in the county or subcounty special taxing district in which the tax is levied. Six members of the council shall be persons who are involved in the tourist industry and who have demonstrated an interest in tourist development, of which members, not less than three nor more than four shall be owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the county and subject to the tax. All members of the council shall be electors of the county. The governing board of the county shall have the option of designating the chair of the council or allowing the council to elect a chair. The chair shall be appointed or elected annually and may be reelected or reappointed. The members of the council shalt serve for staggered terms of 4 years. The terms of office of the original members shall be prescribed in the resolution required under paragraph (b). The council shall meet at least once each quarter and, from time to time, shall make recommendations to the county governing board for the effective operation of the special projects or for uses of the tourist development tax revenue and perform such other duties as may be prescribed by county ordinance or resolution. The council shall continuously review expenditures of revenues from the tourist development trust fund and shall receive, at least quarterly, expenditure reports from the county governing board or its designee. Expenditures which the council believes to be unauthorized shall be reported to the county governing board and the Department of Revenue. The governing board and the department shall review the findings of the council and take appropriate administrative or judicial action to ensure compliance with this section. The changes in the composition of the membership of the tourist development council mandated by chapter 86-4, Laws of Florida, and this act shall not cause the interruption of the current term of any person who is a member of a council on October 1, 1996. (5) AUTHORIZED USES OF REVENUE.— (a) All tax revenues received pursuant to this section by a county imposing the tourist development tax shall be used by that county for the following purposes only: 1. To acquire, construct, extend, enlarge,, remodel, repair, improve, maintain, operate, or promote one or more: a. Publicly owned and operated convention centers, sports stadiums, sports arenas, coliseums, or auditoriums within the boundaries of the county or subcounty special taxing district in which the tax is levied; b. Auditoriums that are publicly owned but are operated by organizations that are exempt from federal taxation pursuant to 26 U.S.C. s. 501(c)(3) and open to the public, within the boundaries of the county or subcounty special taxing district in which the tax is levied; or c. Aquariums or museums that are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public, within the boundaries of the county or subcounty special taxing district in which the tax is levied; 2. To promote zoological parks that are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public; 3. To promote and advertise tourism in this state and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event must have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event to tourists; 4. To fund convention bureaus, tourist bureaus, tourist information centers, and news bureaus as county agencies or by contract with the chambers of commerce or similar associations in the county, which may include www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0125/Sections/0125.0104.html 351 5/10 4/27/23, 2:53 PM Statutes & Constitution :View Statutes : Online Sunshine any indirect administrative costs for services performed by the county on behalf of the promotion agency; 5. To finance beach park facilities, or beach, channel, estuary, or lagoon improvement, maintenance, renourishment, restoration, and erosion control, including construction of beach groins and shoreline protection, enhancement, cleanup, or restoration of inland lakes and rivers to which there is public access as those uses relate to the physical preservation of the beach, shoreline, channel, estuary, lagoon, or inland lake or river. However, any funds identified by a county as the local matching source for beach renourishment, restoration, or erosion control projects included in the long-range budget plan of the state's Beach Management Plan, pursuant to s. 161.091, or funds contractually obligated by a county in the financial plan for a federally authorized shore protection project may not be used or loaned for any other purpose. In counties of fewer than 100,000 population, up to 10 percent of the revenues from the tourist development tax may be used for beach park facilities; or 6. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or finance public facilities within the boundaries of the county or subcounty special taxing district in which the tax is levied, if the public facilities are needed to increase tourist -related business activities in the county or subcounty special district and are recommended by the county tourist development council created pursuant to paragraph (4)(e). Tax revenues may be used for any related land acquisition, land improvement, design and engineering costs, and all other professional and related costs required to bring the public facilities into service. As used in this subparagraph, the term "public facilities" means major capital improvements that have a life expectancy of 5 or more years, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, and pedestrian facilities. Tax revenues may be used for these purposes only if the following conditions are satisfied: a. In the county fiscal year immediately preceding the fiscal year in which the tax revenues were initially used for such purposes, at least $10 million in tourist development tax revenue was received; b. The county governing board approves the use for the proposed public facilities by a vote of at least two- thirds of its membership; c. No more than 70 percent of the cost of the proposed public facilities will be paid for with tourist development tax revenues, and sources of funding for the remaining cost are identified and confirmed by the county governing board; d. At least 40 percent of all tourist development tax revenues collected in the county are spent to promote and advertise tourism as provided by this subsection; and e. An independent professional analysis, performed at the expense of the county tourist development council, demonstrates the positive impact of the infrastructure project on tourist -related businesses in the county. Subparagraphs 1. and 2. may be implemented through service contracts and leases with lessees that have sufficient expertise or financial capability to operate such facilities. (b) Tax revenues received pursuant to this section by a county of less than 950,000 population imposing a tourist development tax may only be used by that county for the following purposes in addition to those purposes allowed pursuant to paragraph (a): to acquire, construct, extend, enlarge, remodel, repair, impeov6, maintain, operate, or promote one or more zoological parks, fishing piers or nature centers which are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public. All population figures relating to this subsection shalt be based on the most recent population estimates prepared pursuant to the provisions of s. 186.901. These population estimates shall be those in effect on July 1 of each year. (c) A county located adjacent to the Gulf of Mexico or the Atlantic Ocean, except a county that receives revenue from taxes levied pursuant to s. 125.0108, which meets the following criteria may use up to: 10 percent of the tax revenue received pursuant to this section to reimburse expenses incurred in providing public safety services, including emergency medical services as defined in s. 401.107(3), and law enforcement services, which are needed to address impacts related to increased tourism and visitors to;an area. However, if taxes collected pursuant to this section are used to reimburse emergency medical services or public safety services. for tourism or special events, the governing board of a county or municipality may not use such taxes to supplant the normal operating expenses of an emergency medical services department, a fire department, a sheriff's office, or a police department. To receive reimbursement, the county must: www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0125/Sections/0125.0104.html 352 6/10 4/27/23, 2:53 PM Statutes & Constitution :View Statutes : Online Sunshine 1. Generate a minimum of $10 million in annual proceeds from any tax, or any combination of taxes, authorized to be levied pursuant to this section; 2. Have at least three municipalities; and 3. Have an estimated population of less than 225,000, according to the most recent population estimate prepared pursuant to s. 186.901, excluding the inmate population. The board of county commissioners must by majority vote approve reimbursement made pursuant to this paragraph upon receipt of a recommendation from the tourist development council. (d) The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds issued by the county for the purposes set forth in subparagraphs (a)1., 2., and 5. or for the purpose of refunding bonds previously issued for such purposes, or both; however, no more than 50 percent of the revenues from the tourist development tax may be pledged to secure and Uquidate revenue bonds or revenue refunding bonds issued for the purposes set forth in subparagraph (a)5.. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions, and covenants as the governing board of the county shall provide. The Legislature intends that this paragraph be full and complete authority for accomplishing such purposes, but such authority is supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. (e) Any use of the local option tourist development tax revenues collected pursuant to this section for a purpose not expressly authorized by paragraph (3)(1) or paragraph (3)(n) or paragraphs (a) -(d) of this subsection is expressly prohibited. (6) REFERENDUM.— (a) No ordinance enacted by any county levying the tax authorized by paragraphs (3)(b) and (c) shall take effect until the ordinance levying and imposing the tax has been approved in a referendum held at a general election, as defined in s. 97.021, by a majority of the electors voting in such election in the county or by a majority of the electors voting in the subcounty special tax district affected by the tax. (b) The governing board of the county levying the tax shall arrange to place a question on the ballot at a general election, as defined in s. 97.021, to be held within the county, which question shall be in substantially the following form: FOR the Tourist Development Tax AGAINST the Tourist Development Tax. (c) If a majority of the electors voting on the question approve the levy, the ordinance shall be deemed to be in effect. (d) In any case where a referendum levying and imposing the tax has been approved pursuant to this section and 15 percent of the electors in the county or 15 percent of the electors in the subcounty special district in which the tax is levied file a petition with the board of county commissioners for a referendum to repeal the tax, the board of county commissioners shall cause an election to be held for the repeat of the tax which election shall be subject only to the outstanding bonds for which the tax has been pledged. However, the repeal of the tax shall not be effective with respect to any portion of taxes initially levied in November 1989, which has been pledged or is being used to support bonds under paragraph (3)(d) or paragraph (3)(l) until the retirement of those bonds. (7) AUTOMATIC EXPIRATION ON RETIREMENT OF BONDS.—Notwithstanding any other provision of this section, if the plan for tourist development approved by the governing board of the county, as amended pursuant to paragraph (4)(d), includes the acquisition, construction, extension, enlargement, remodeling, repair, or improvement of a publicly owned and operated convention center, sports stadium, sports arena, coliseum, or auditorium, or museum or aquarium that is publicly owned and operated or owned and operated by a not-for-profit organization, the county ordinance levying and imposing the tax automatically expires upon the,later of: (a) The retirement of all bonds issued by the county for financing the acquisition, construction,. extension, enlargement, remodeling, repair, or improvement of a publicly owned and operated convention center, sports stadium, sports arena, coliseum, or auditorium, or museum or aquarium that is publicly owned'and_operated or owned and operated by a not-for-profit organization; or www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0125/Sections/0125.0104.html 353 7/10 4/27/23, 2:53 PM Statutes & Constitution :View Statutes : Online Sunshine (b) The expiration of any agreement by the county for the operation or maintenance, or both, of a publicly owned and operated convention center, sports stadium, sports arena, coliseum, auditorium, aquarium, or museum. However, this does not preclude that county from amending the ordinance extending the tax to the extent that the board of the county determines to be necessary to provide funds to operate, maintain, repair, or renew and replace a publicly owned and operated convention center, sports stadium, sports arena, coliseum, auditorium, aquarium, or museum or from enacting an ordinance that takes effect without referendum approval, unless the original referendum required ordinance expiration, pursuant to the provisions of this section reimposing a tourist development tax, upon or following the expiration of the previous ordinance. (8) PROHIBITED ACTS; ENFORCEMENT, PENALTIES.— (a) Any person who is taxable hereunder who fails or refuses to charge and collect from the person paying any rental or lease the taxes herein provided, either by himself or herself or through agents or employees, is, in addition to being personally liable for the payment of the tax, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) No person shall advertise or hold out to the public in any manner, directly or indirectly, that he or she will absorb all or any part of the tax, that he or she will relieve the person paying the rental of the payment of atl or any part of the tax, or that the tax will not be added to the rental or lease consideration or, when added, that it or any part thereof will be refunded or refused, either directly or indirectly, by any method whatsoever. Any person who willfully violates any provision of this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) The tax authorized to be levied by this section shall constitute a lien on the property of the lessee, customer, or tenant in the same manner as, and shall be collectible as are, liens authorized and imposed in ss. 713.67, 713.68, and 713.69. (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any other powers and duties provided for agencies created for the purpose of tourism promotion by a county levying the tourist development tax, such agencies are authorized and empowered to: (a) Provide, arrange, and make expenditures for transportation, lodging, meals, and other reasonable and necessary items and services for such persons, as determined by the head of the agency, in connection with the performance of promotional and other duties of the agency. However, entertainment expenses shall be authorized only when meeting with travel writers, tour brokers, or other persons connected with the tourist industry. All travel and entertainment -related expenditures in excess of $10 made pursuant to this subsection shall be substantiated by paid bills therefor. Complete and detailed justification for alt travel and entertainment -related expenditures made pursuant to this subsection shall be shown on the travel expense voucher or attached thereto. Transportation and other incidental expenses, other than those provided in s. 112.061, shall only be authorized for officers and employees of the agency, other authorized persons, travel writers, tour brokers, or other persons connected with the tourist industry when traveling pursuant to paragraph (c). All other transportation and incidental expenses pursuant to this subsection shall be as provided in s. 112.061. Operational or promotional advancements, as defined in s. 288.35(4), obtained pursuant to this subsection, shall not be commingled with any other funds. (b) Pay by advancement or reimbursement, or a combination thereof, the costs of per diem and incidental expenses of officers and employees of the agency and other authorized persons, for foreign travel at the current rates as specified in the federal publication "Standardized Regulations (Government Civilians, Foreign Areas)." The provisions of this paragraph shall apply for any officer or employee of the agency traveling in foreign countries for the purposes of promoting tourism and travel to the county, if such travel expenses are approved and certified by the agency head from whose funds the traveler is paid. As used in this paragraph, the term "authorized person" shall have the same meaning as provided in s. 112.061(2)(e). With the exception of provisions concerning rates of payment for per diem, the provisions of s. 112.061 are applicable to the travel described in this paragraph. As used in this paragraph, "foreign travel" means all travel outside the United States. Persons traveling in foreign countries pursuant to this subsection shall not be entitled to reimbursements or advancements pursuant to s. 112.061(6)(a)2. (c) Pay by advancement or reimbursement, or by a combination thereof, the actual reason4ole and necessary costs of travel, meals, lodging, and incidental expenses of officers and employees of the agency and other www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0125/Sections/0125.0104.html 354 8/10 4/27/23, 2:53 PM Statutes & Constitution :View Statutes : Online Sunshine authorized persons when meeting with travel writers, tour brokers, or other persons connected with the tourist industry, and while attending or traveling in connection with travel or trade shows. With the exception of provisions concerning rates of payment, the provisions of s. 112.061 are applicable to the travel described in this paragraph. (d) Undertake marketing research and advertising research studies and provide reservations services and convention and meetings booking services consistent with the authorized uses of revenue as set forth in subsection (5) 1. Information given to a county tourism promotion agency which, if released, would: reveal the identity of persons or entities who provide data or other information as a response to a sates promotion effort, an advertisement, or a research project or whose names, addresses, meeting or convention plan information or accommodations or other visitation needs become booking or reservation list data, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2. The following information, when held by a county tourism promotion agency, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution: a. Booking business records, as defined in s. 255.047. b. Trade secrets and commercial or financial information gathered from a person and privileged or confidential, as defined and interpreted under 5 U.S.C. s. 552(b)(4), or any amendments thereto. (e) Represent themselves to the public as convention and visitors bureaus, visitors bureaus, tourist development councils, vacation bureaus, or county tourism promotion agencies operating under any other name or names specifically designated by ordinance. (10) LOCAL ADMINISTRATION OF TAX.— (a) A county levying a tax under this section or s. 125.0108 may be exempted from the requirements of the respective section that: 1. The tax collected be remitted to the Department of Revenue before being returned to the county; and 2. The tax be administered according to chapter 212, if the county adopts an ordinance providing for the local collection and administration of the tax. (b) The ordinance shalt include provision for, but need not be limited to: 1. Initial collection of the tax to be made in the same manner as the tax imposed under chapter 212. 2. Designation of the local official to whom the tax shall be remitted, and that official's powers and duties with respect thereto. Tax revenues may be used only in accordance with the provisions of this section. 3. Requirements respecting the keeping of appropriate books, records, and accounts by those responsible for collecting and administering the tax. 4. Provision for payment of a dealer's credit as required under chapter 212. 5. A portion of the tax collected may be retained by the county for costs of administration, but such portion shall not exceed 3 percent of collections. (c) A county adopting an ordinance providing for the collection and administration of the tax on a local basis shall also adopt an ordinance electing either to assume all responsibility for auditing the records and accounts of dealers, and assessing, collecting, and enforcing payments of delinquent taxes, or to delegate such authority to the Department of Revenue. If the county elects to assume such responsibility, it shall be bound by atl rules promulgated by the Department of Revenue pursuant to paragraph (3)(k), as well as those rules pertaining to the sates and use tax on transient rentals imposed by s. 212.03. The county may use any power granted in this section to the department to determine the amount of tax, penalties, and interest to be paid by each dealer and to enforce payment of such tax, penalties, and interest. The county may use a certified'publicaccountant licensed in this state in the administration of its statutory duties and responsibilities. Such certified public accountants are bound by the same confidentiality requirements and subject to the same penalties as the county under s. 213.053. If the county delegates such authority to the department, the department shall distribute any collections so received, less costs of administration, to the county. The. amount deducted for. costs of administration by the department shall be used only for those costs which are solely and directly attributable to auditing, assessing, www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0125/Sections/0125.0104.html 355 9/10 4/27/23, 2:53 PM Statutes & Constitution :View Statutes : Online Sunshine collecting, processing, and enforcing payments of delinquent taxes authorized in this section. If a county elects to delegate such authority to the department, the department shall audit only those businesses in the county that it audits pursuant to chapter 212. (11) INTEREST PAID ON DISTRIBUTIONS. - (a) Interest shall be paid on undistributed taxes collected and remitted to the Department of Revenue under this section. Such interest shall be included along with the tax proceeds distributed to the counties and shall be paid from moneys transferred from the General Revenue Fund. The department shall calculate the interest for net tax distributions using the average daily rate that was earned by the State Treasury for the preceding calendar quarter and paid to the General Revenue Fund. This rate shall be certified by the Chief Financial Officer to the department by the 20th day following the close of each quarter. (b) The interest applicable to taxes collected under this section shall be calculated by multiplying the tax amounts to be distributed times the daily rate times the number of days after the third working day following the date the tax is due and payable pursuant to s. 212.11 until the date the department issues a voucher to request the Chief Financial Officer to issue the payment warrant. The warrant shall be issued within 7 days after the request. (c) If an overdistribution of taxes is made by the department, interest shall be paid on the overpaid amount beginning on the date the warrant including the overpayment was issued until the third working day following the due date of the payment period from which the overpayment is being deducted. The interest on an overpayment shall be calculated using the average daily rate from the applicable calendar quarter and shall be deducted from moneys distributed to the county under this section. History. -ss. 1, 2, 3, 4, 5, 6, 7, 8, ch. 77-209; s. 3, ch. 79-359; s. 72, ch. 79-400; s. 4, ch. 80-209; s. 2, ch. 80-222; s. 5, ch. 83-297; s. 1, ch. 83-321; s. 40, ch. 85-55; s. 1, ch. 86-4; s. 76, ch. 86-163; s. 61, ch. 87-6; s. 1, ch. 87-99; s. 35, ch. 87-101; s. 1, ch. 87-175; s. 5, ch. 87-280; s. 4, ch. 88-226; s. 6, ch. 88-243; s. 2, ch. 89-217; ss. 31, 66, ch. 89-356; s. 2, ch. 89-362; s. 1, ch. 90-107; s. 1, ch. 90-349; s. 81, ch. 91-45; s. 230, ch. 91-224; s. 3, ch. 92-175; s. 1, ch. 92-204; s. 32, ch. 92-320; s. 4, ch. 93-233; s. 1, ch. 94-275; s. 3, ch. 94-314; s. 37, ch. 94-338; s. 3, ch. 94-353; s. 1, ch. 95-133; s. 1434, ch. 95-147; s. 3, ch. 95-304; s. 1, ch. 95-360; s. 1, ch. 95-416; ss. 44, 46, ch. 96-397; s. 43, ch. 96-406; s. 15, ch. 97-99; s. 1, ch. 98-106; s. 58, ch. 99-2; s. 1, ch. 99-287; ss. 6, 11, 14, ch. 2000-312; s. 11, ch. 2000-351; s. 14, ch. 2001-252; s. 10, ch. 2002-265; s. 1, ch. 2003-34; s. 1, ch. 2003-37; s. 2, ch. 2003-78; s. 145, ch. 2003-261; s. 1, ch. 2005-96; s. 1, ch. 2009-133; s. 1, ch. 2012-180; s. 1, ch. 2013-168; s. 2, ch. 2016-6; s. 1, ch. 2016-220; s. 1, ch. 2017-36; s. 5, ch. 2018-118; s. 1, ch. 2020- 10; s. 3, ch. 2022-5; s. 1, ch. 2022-214. Copyright © 1995-2023 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl. us/statutes/index.cfm?App_mode=Display_Statute&U RL=0100-0199/0125/Sections/0125.0104.html 356 10110 8/3/2023 8/3/2023 Tourist Tax Eligible Uses FL Statute 125.0104 J5tp 2 8/3/2023 Beach Restoration Fund History 10 yrs. Tourist Tax ; $10,545,831 ersonnel Servi Grants $8,198,64 Contractual $5,841,427 • :Services vt FEMA Proceeds;> $2,830,70 . perating Expenses „ $74,358 Insurance Proceeds $5,021,50 'w r� Other Expenses $310,165 Miscellaneous Rev. $2,811,318 Capital Expenses Iff, $33,386,619', Total Revenues $29,407,998 Notal Expenses $41342591 _¢u+ • Over the past 10 years, expenses exceed revenues by $11.9M • Beach Fund has a negative fund balance of $3.9M • Grant (FEMA/FDEP) revenues outstanding $14.3M ,r. • Estimated fund balance after receivables $10.4M Beach Restoration Fund History Beach Projects 10 yrs.::'.1 • Sector 3 Dune Only Completed in 2015 • $3,689,363 for 182,431 CYs • Post Hurricane Sandy • Sector 5 Beach Renourishment Completed in 2020 • $7,114,883 - 166,176 CYs • Sector 3 Beach Renourishment Completed in 202 • $21,511,453 - 522,186 CYs �3 8/3/2023 J RTC Lease Obligation ► September 1, 2023 annual obligation goes from $800,000 to $400,000 ► Maintenance portion can not exceed $200,000 with an annual CPI escalator beginning in 2024 ► Current'/2 Cent of Tourist Tax generates approximately $500,000 ► '/4 cent of Tourist Tax generates approximately $250,000 ► Optional Sales Tax could fund remaining $150,000 - currently funds $372,500 �� 4 8/3/2023 Current 4 Cents Versus Prop os e d 5 Cents FY 2023/2024 • $1,035,000 in additional Tourist Tax funding for FY 23/24 • Alternate Proposal - 4 Cents ------------ --- ---------- - -- ---- FY 2023/2024 1/4 cent towards funding the JRTC Lease Obligation - $258,750 • 1 2/3 cents towards funding Tourism Development Agencies - $1,725,138 • 2 1/12 cents towards funding the Beach Restoration Fund - $2,156,112 • Proposed budget for FY 23/2 would be $4,140,000 8/3/2023 STAFF RECOMMENDATION Staff is seeking direction regarding the Board's desire to levy an additional cent of Tourist Tax, we well as how the proceeds of Tourist Taxes are to be spent. Option 1: Levy an additional cent/reallocate funds Beach Restoration Fund 2 3/4 cents Tourist Development Fund 2 cents JRTC Fund'/4 cent Option 2: No additional levy/reallocate funds Beach Restoration Fund 2 1/12 cents Tourist Development Fund 1 2/3 cents JRTC Fund '/4 cents Option 3: No change to existing allocation Departmental INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., 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: Indian River County Draft Lagoon Management Plan DATE: June 27, 2023 BACKGROUND On April 4, 2023, Coastal Division staff presented the Indian River County Lagoon Management Plan (LMP) outline to the Board of County Commissioners (Board) for approval. The outline was approved unanimously by the Board. Since then, staff along with our approved environmental consultant, Tetra Tech, have worked diligently to incorporate the research and review elements and a projects list identifying current and future projects aimed at improving the health of the Indian River Lagoon. The draft LMP brings together input received from multiple County Departments, a literature review, expert analyses, and guidance from regulatory agencies to have a cohesive Plan reflecting the unique needs of the Indian River Lagoon within Indian River County. DESCRIPTIONS AND CONDITION The draft LMP is ready to move into the next step of the development phase. Pending Board approval, Staff, utilizing the Public Outreach assistance from Tetra Tech under approved Work Order #01, will begin soliciting comments on the draft plan in accordance with the schedule set forth in Work Order #01. This includes Tetra Tech meeting individually with Commissioners to receive comments on the draft LMP, coordinating with specific interest groups, and hosting two Public Workshops in July and August where additional feedback will be received. The final version of the LMP, incorporating items from the one-on-one Commissioner meetings, interest groups, and public comments and workshops, is anticipated to be presented to the Board on September 26, 2023, for consideration. FUNDING No additional funding is needed for this step in the development of the County's LMP. 357 Page 2 Draft Indian River Lagoon Management Plan July 11, 2023 BCC Meeting RECOMMENDATION Staff recommends the Board authorize staff to move on to the Public Outreach step to move the development of Indian River County's LMP forward. ATTACHMENTS 1. Draft Lagoon Management Plan 358 Indian River County Lagoon Management Plan � J URAW DRAFT Indian River County Lagoon Management Plan Table of Contents Acronymsand Abbreviations......................................................................................................................................................... iv 1. Introduction.............................................................................................................................................................................1 A. State of the IRL in IRC.................................................................................................................................................2 NaturalHistory of the IRL..............................................................................................................................................2 UniqueLocation.............................................................................................................................................................4 CurrentConditions.........................................................................................................................................................5 B. Plan Funding...............................................................................................................................................................6 C. Plan Organization.......................................................................................................................................................7 2. Coastal.....................................................................................................................................................................................8 A. Goals and Objectives..................................................................................................................................................8 B. Key Factors..................................................................................................................................................................8 WaterQuality..................................................................................................................................................................8 HarmfulAlgal Blooms..................................................................................................................................................12 Organicsand Sediments..............................................................................................................................................12 Hydrologyand Hydrodynamics..................................................................................................................................13 SeaLevel Rise...............................................................................................................................................................15 Aquatic Ecosystem Functions and Habitat Use.........................................................................................................16 Marinas, Boats and Boat Ramps.................................................................................................................................22 3. Stormwater............................................................................................................................................................................24 A. Goals and Objectives................................................................................................................................................24 B. Key Factors................................................................................................................................................................24 AnnualRainfall.............................................................................................................................................................24 BasinManagement Action Plan..................................................................................................................................24 BestManagement Practices........................................................................................................................................26 StormwaterActions.....................................................................................................................................................27 4. Conservation Lands..............................................................................................................................................................28 A. Goals and Objectives................................................................................................................................................28 B. Key Factors................................................................................................................................................................28 Terrestrial Ecosystem Function and Habitat Use......................................................................................................28 Islands 29 ConservationLands Actions........................................................................................................................................30 S. Utilities...................................................................................................................................................................................31 A. Goals and Objectives................................................................................................................................................31 B. Key Factors................................................................................................................................................................31 Wastewater...................................................................................................................................................................31 July 2023 360 DRAFT Indian River County Lagoon Management Plan Biosolids........................................................................................................................................................................31 Onsite Sewage Treatment and Disposal Systems.....................................................................................................32 WaterConsumption.....................................................................................................................................................33 UtilitiesActions............................................................................................................................................................35 6. Community Development....................................................................................................................................................36 A. Goals and Objectives................................................................................................................................................36 B. Key Factors................................................................................................................................................................36 LandUse Changes........................................................................................................................................................36 Sustainabilityand Resiliency......................................................................................................................................36 CommunityDevelopment Actions..............................................................................................................................37 7. Projects..................................................................................................................................................................................38 8. References.............................................................................................................................................................................45 July 2023 361 DRAFT Indian River County Lagoon Management Plan Figures Figure 1. IRL Statistics and Benefits......................................................................................................................................... 2 Figure 2. Location of the IRL and its Watershed......................................................................................................................4 Figure 3. Summary of IRC BMAP Required Reductions Over Time for TN (left) and TP (right) ............................................ 5 Figure4. Nitrogen Cycle............................................................................................................................................................ 9 Figure S. Example of the Relationship Between DO and Temperature...............................................................................10 Figure6. Logarithmic pH Scale...............................................................................................................................................10 Figure 7. Locations of the IRC Spoil Islands...........................................................................................................................14 Figure8. Global Sea Level Rise................................................................................................................................................15 Figure 9. Sea Level Rise at Lake Worth Pier, Florida.............................................................................................................15 Figure 10. Locations of SJRWMD Seagrass Transects...........................................................................................................17 Figure 11. Changes in Seagrass Coverage over Time Throughout the IRL..........................................................................17 Figure12. Florida Mangrove Zonation...................................................................................................................................18 Figure 13. FDACS Aquaculture Leases in IRC..........................................................................................................................19 Figure 14. FDACS Approved Bivalve Harvesting Area in IRC.................................................................................................20 Figure 15. Central IRL BMAP Project Zones............................................................................................................................26 Figure16. IRC Conservation Lands.........................................................................................................................................28 Figure 17. Benefits of Natural Shorelines.............................................................................................................................. 29 Figure 18. IRC Population Growth (left) Versus Water Consumption (right).......................................................................33 Figure 19. IRC Water Consumption by Source in 2021.......................................................................................................... 34 Figure 20. SJRWMD Recommendations for Water Savings.. Tables ........................................................................................ 35 Table 1.17 Key Factors Affecting the IRL in IRC.......................................................................................................................1 Table 2. SJRWMD Irrigation Restrictions............................................................................................................................... 35 Table 3. Project to Achieve LMP Goals and Objectives.......................................................................................................... 39 July 2023 362 DRAFT Indian River County Lagoon Management Plan Acronyms and Abbreviations ALA Anchoring Limitation Areas ArcNLET ArcGIS-Based Nitrate Load Estimation Toolkit BMAP Basin Management Action Plan BMP Best Management Practices DO Dissolved Oxygen FDACS Florida Department of Agricultural and Consumer Services FDEP Florida Department of Environmental Protection FIND Florida Inland Navigation District FP Fibropapillomatosis FWC Florida Fish and Wildlife Conservation Commission ICW Intercoastal Waterway IRC Indian River County IRFWCD Indian River Farms Water Control District IRL Indian River Lagoon IRLNEP Indian River Lagoon National Estuary Program LMP Lagoon Management Plan mgd Million Gallons Per Day MSD Marine Sanitation Device NA Not Applicable NOAA National Oceanic Atmospheric Association OSTDS Onsite Sewage Treatment Disposal Systems PLSM Pollutant Load Screening Model ppt Parts Per Thousand SJRWMD St. Johns River Water Management District SWIL Spatial Watershed Iterative Loading (model) TBD To Be Determined TMDL Total Maximum Daily Load TN Total Nitrogen TP Total Phosphorus USACE United States Army Corps of Engineers iv July 2023 363 DRAFT Indian River County Lagoon Management Plan 1. Introduction 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 the Indian River County community. The Indian River County (IRC) Lagoon Management Plan (LMP) identifies 17 key factors (Table 1) impacting the health of the Indian River Lagoon (IRL). The 17 key factors are divided among five focal areas, based on IRC departments: Coastal, Stormwater, Conservation Lands, Utilities, and Community Development. The Plan creates goals and objectives for the five focal areas for the management and restoration of the IRL within IRC. It provides a list of projects and best management practices (BMPs) for IRC managers and citizens. The LMP will be actively managed to fill data gaps and can be used to prioritize projects based on a cost -benefit analysis. The LMP is a living document, which can be modified based on emerging factors and research. Regular project updates will be made to the LMP on a yearly basis with an evaluation of the key factors, goals, and objectives every three years. The LMP is a necessary step in the conservation of the IRL, an ecologically and economically important habitat in Florida. Table 1. 17 Key Factors Affecting the IRL in IRC Factor Description Annual Rainfall Data Rainfall acts as one of the major contributors of freshwater into the IRL system. Biosolids Biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic sewage sludge from wastewater treatment facilities. BMPs BMPs are practices deemed to be effective and practicable means of preventing or reducing water pollution generated from various activities and industries. Ecosystem Functions and IRL is one of the most biologically diverse estuaries in North America and is used by Habitat Use approximately 4,000 unique organisms at some point throughout their lifecycles. Harmful Algal Blooms Imbalances in the IRL allows certain algal species to grow unchecked, some of which can release toxins into the waters that may be detrimental to the health of IRL. Hydrology and Hydrodynamics IRL hydrology and hydrodynamics have changed overtime as human influences have modified the natural flows of the system. Land Use Changes Past and future land use change evaluations are important in understanding current issues in the IRL and determining resiliency forthe future. Marinas and Boat Ramps Marinas and boat ramps are found throughout IRC, and it is the boaters' responsibility to properly to maintain and operate their vessels. Onsite Sewage Treatment and OSTDS, or septic systems, are one form of waste treatment; however, improper Disposal Systems (OSTDS) maintenance can lead to detrimental impacts on the surrounding environment. Organic Material and Muck is classified as a black, organic -rich, mud -rich, high water content sediment with Sediments a high nutrient content. Muck is prevalent throughout the IRL system and has a detrimental effect on the Lagoon health. Sea Level Rise Sea level rise plays an important role in the health of the IRL in IRC due to its direct connections to manmade and maintained inlets. State and Regulatory Review State and regulatory rules play a major role in regulating the levels and sources of of Rules nutrients thatthe IRL receives from upland sources. Stormwater Stormwater primarily flows to the IRL via the three relief canals in IRC. Stormwater carries pollutants that an affect IRL health. Sustainability and Resiliency Sustainability and resiliency are measures taken to ensure the future of the Lagoon, its shoreline, and the surrounding infrastructure within the watershed. J u ly 2023 364 DRAFT Indian River County Lagoon Management Plan Factor Description Total Nitrogen and Total Nitrogen and phosphorus concentrations are essential for a productive and diverse Phosphorus ecosystem but excess concentrations can be detrimental to the system. Water Consumption Water supplies need to be sustainable for future needs as populations and demand continue to increase throughout IRC and state-wide. Water Quality Degraded water quality negatively impacts IRL health and diversity, leading to widespread seagrass habitat die -offs and triggering of harmful algal blooms. A. State of the I RL in I RC Natural History of the IRL The IRL is a shallow 156 mile -long bar -built estuary covering one-third of the east coast of Florida and provides multiple benefits to the region and state (Figure 1). It is an Estuary of National Significance, one of 28 in the nation. There are four Florida Department of Environmental Protection (FDEP) aquatic preserves: Banana River, Malabarto Vero Beach, Vero Beach to Fort Pierce, and Jensen Beach to Jupiter Inlet. Two of these aquatic preserves are present in IRC, and are also designated as Outstanding Florida Waters. The IRL is part of the Intracoastal Waterway (ICW) running from Massachusetts to Miami, and the channel is maintained by the U.S. Army Corps of Engineers (USACE) and Florida Inland Navigation District (FIND). The depth of the ICW channel is approximately 3 meters (12 feet), but outside the channel, the average depth of the IRL is 1.2 meters (4 feet). Figure 1. IRL Statistics and Benefits Six counties border the IRL (Volusia, Brevard, Indian River, St. Lucie, Martin, and Palm Beach), and the IRL watershed also includes Okeechobee County. Currently 1.6 million people live within the watershed. In 1916, the IRL watershed was 572,000 acres; however, by 2013, development of the region and an intricate series of canals draining water to the east, increased the watershed to 1.4 million acres (Figure 2). These canals were designed to drain wetlands for agriculture and have been maintained to now allow residential and commercial development in historic wetlands. The hardening of the landscape and shifting of water to the east has increased the freshwater discharge to the IRL to five times the historical volume. Historically, the natural exchange of water between the IRL and the Atlantic Ocean occurred through wash -over of the barrier islands and the opening and closing of inlets from hurricanes and other severe storms. This shifting of the flow of fresh and salt water has impacted the health of the Lagoon even before human management of inlets. Fish kills are documented as far back as 1894, which "killed tens of thousands of fish in such quantities that local residents shoveled them into wagons for fertilizer. The stench from the fish kill lingered for more than one year" (Newman 1953). Today, three man-made inlets (Sebastian, Fort Pierce and St. Lucie), two natural inlets (Ponce De Leon and Jupiter), and one controlled lock system July 2023 365 DRAFT Indian River County Lagoon Management Plan (Canaveral Lock) connect the IRL to the Atlantic Ocean. The inlets are stabilized and maintained to allow for vessel traffic. While the Lagoon is connected to the Atlantic Ocean through the five inlets, it is a wind driven microtidal system. The IRL spans two distinct biogeographical provinces, the temperate Carolinian and the subtropical Caribbean, which lends to its high biodiversity. At one time it was labeled the most biologically diverse estuaries in the United States. The IRL has 4,300 species dependent upon its ecosystem for some point of their lifecycle, of which approximately 50 are listed as threatened or endangered. In 2016, the economic value of the IRL was estimated to be $7.6 billion dollars with $30 million in revenue generated from IRL fisheries. The high biodiversity and economic benefits of the IRL are a driving factor in the importance of conservation of this estuary. July 2023 366 DRAFT Indian River County Lagoon Management Plan IL Figure 2. Location of the IRL and its Watershed Unique Location IRC is located in the central portion of the IRL. IRC has an intricate series of drainage canals that historically drained the internal portions of the county for agriculture. There are three relief canals discharging freshwater from the west to the IRL, which are managed bythe Indian River Farms Water Control District (IRFWCD). The St. Sebastian River, located in the northern part of IRC, and the ditches and stormwater outfalls connected to the river, are additional major sources of freshwater to the 4 J u ly 2023 367 Figure 2. Location of the IRL and its Watershed Unique Location IRC is located in the central portion of the IRL. IRC has an intricate series of drainage canals that historically drained the internal portions of the county for agriculture. There are three relief canals discharging freshwater from the west to the IRL, which are managed bythe Indian River Farms Water Control District (IRFWCD). The St. Sebastian River, located in the northern part of IRC, and the ditches and stormwater outfalls connected to the river, are additional major sources of freshwater to the 4 J u ly 2023 367 DRAFT Indian River County Lagoon Management Plan IRL. Lands adjacent to the IRL and groundwater flows also provide freshwater inputs. The Sebastian Inlet connects the IRL in northern IRC to the Atlantic Ocean. The Fort Pierce Inlet, located in St. Lucie County, is approximately six miles south of IRC. The proximity to the Fort Pierce Inlet to the south and Sebastian Inlet to the north and lack of earthen causeways in IRC allows for free water exchange with reduced residence times. Current residence times for IRC are estimated to be 2 to 16 days (Kim 2003), where other areas of the IRL have residence times as high as 148 days. This low residence time has a significant effect on improved water quality. Seawater exchange does not reduce nutrient loads to the IRL, but it can be beneficial to the denitrification process. It improves oxygenation, stabilizes temperatures, and maintains a consistent salinity. Impacts facing the IRL in IRC are similarto other regions, but the hydrology and hydrodynamics are different when compared to the North IRL, Banana River Lagoon, and Southern IRL. The North IRL and Banana River Lagoon have reduced circulation and increased resident times, whereas the Southern IRL is impacted by Lake Okeechobee discharges. The lack of major structural hydrological issues in this region is a major benefit to the IRL water quality within IRC. Current Conditions Concerns regardingthe health of the IRL began as early as the late 1970s. In 1990, the IRL System and Basin Act was created to protect the IRL from package plant wastewater discharges, investigate the feasibility of reuse water, and centralize wastewater collection and treatment facilities to prevent sewage spills. In 2006, the U.S. Environmental Protection Agency and FDEP designated portions of the IRL as an impaired waterbody because water quality parameters did not meet standards set by the state of Florida. FDEP determined that all the IRL and Banana River Lagoon segments are impaired for nutrients due to impacts to seagrass. In March 2009, FDEP adopted the total maximum daily loads (TMDLs) for the IRL and Banana River Lagoon, which include the portions of the Central IRL within IRC. The TMDLs were established to address the seagrass losses associated with excessive nitrogen and phosphorus loads to the IRL. The TMDLs were determined from linear regression models that relate seagrass depth limits to annual nitrogen and phosphorus loading, and seagrass losses were determined based on review of a composite of seagrass maps from 1943 to 1999. A basin management action plan (BMAP) was created to establish local commitments for nutrient load reduction to restore water quality in the Central IRL. This BMAP was adopted in 2013 and was based on the Pollutant Load Screening Model (PLSM) and did not include loading reductions for IRC. Unfortunately, in 2011, 2012, and 2016, excessive loading of nitrogen and phosphorus led to extensive algal blooms. Both events led to fish kills, widespread seagrass die off, and raised concerns regarding the effects on wildlife dependent on the habitat. As a result of the reduced water quality and loss of seagrass, FDEP updated the BMAPs using the results from the Spatial Watershed Iterative Loading (SWIL) model in 2020 that included nutrient load reductions for IRC, and the BMAP released in 2021 provided different IRC load reductions. Load reductions assigned to IRC have been adjusted multiple times in recent years, as a result of changes to the SWIL model, and are still not fully updated. Current load reduction allocations for IRC are 210,695 pounds of total nitrogen (TN) and 29,649 pounds of total phosphorus (TP), as shown in Figure 3. PLSM vs. SWIL Allocations for TN (pounds/year) • 2017-2019 AVERAGE TN Removals (pounds) * 2015 PLSM TN Removal Amount (pounds) 8 2020 SWIL TN Removal Amount (pounds) 210,695 PLSM vs. SWIL Allocations for TP (pounds/year) t 2017-2019 AVERAGE TP Removals (pounds) • 2015 PLSM TP Removal Amount (pounds) ■ 2020SWt TP Removal Amount (pounds) 125,496 29,649 19,062 42,538 7.573 sm".-g N Figure 3. Summary of IRC BMAP Required Reductions Over Time for TN (left) and TP (right) July 2023 368 DRAFT Indian River County Lagoon Management Plan In addition to water quality concerns, the IRL has experienced a benthic habitat shift. Historically, the Lagoon was dominated by a sandy bottom, but excessive organic matter, nutrients, and fine sediments from erosion has created deposits of muck in the tributaries and in areas of the IRL. Researchers estimate muck has accumulated on approximately 10% of the Lagoon floor, reducing the sediment quality for seagrass growth and allowing for fluxes of nutrients from the sediments to the water column. The reduction of sediment and water quality has resulted in massive and in many areas total loss of seagrass in the IRL. While the IRC areas of the IRL are holding some of the most abundant areas of seagrass in the entire IRL system, the seagrass loss in IRC remains staggering. The issues affecting the IRL can be linked to a culmination of anthropogenic influences on the ecosystem. The excessive nutrient loading and shift in benthic habitat was not sudden, but a decades long build-up. The legacy loading of nutrients to the system increased stress and reduced resiliency, causing further degradation from both natural and anthropogenic triggers. The restoration and conservation of the IRL will not be a rapid process, but with proper management strategies to reduce nutrient loading it will be possible to reduce stress and increase resiliency, while improving conditions. B. Plan Funding This list represents a portion of grant funding sources available and is by no means a comprehensive list. As new funding sources become available, they will be added to the plan. Funding Sources for Research • FDEP Grants • IRL National Estuary Program (IRLNEP) • St. Johns River Water Management District (SJRWMD) • Protecting Florida Together Resilient Florida Planning Grant • Partnerships with universities and research entities. Funding Sources for Projects • FDEP Grants • Florida Fish and Wildlife Commission (FWC) Derelict Vessel Removal Grant Program • Derelict Vessel Grant FIND Cost Share Grant • FIND Grant Program • Cooperative Assistance Program FIND • Small -Scale Spoil Island Restoration and Enhancement Program • Building Resilient Infrastructure and Communities grantthrough Federal Emergency Management Agency • IRLNEP • SJRWMD • Florida Department of Economic Opportunity • Protecting Florida Together Grants • National Oceanic and Atmospheric Association (NOAA) Transformational Habitat Restoration and Coastal Resilience Grants • Florida Department of Transportation • Restore America's Estuaries National Estuary Program Coastal Watershed Grant • Restore America's Estuaries National Estuary Program Watershed Grant • Resilient Florida Grant Program • American Rescue Plan Act of 2021 • Additional funding opportunities are welcome, including research partnerships with universities and research entities. 6 July 2023 369 DRAFT Indian River County Lagoon Management Plan C. Plan Organization This plan is organized by the IRC divisions and associated key factors. Some factors are the purview of multiple divisions and will require shared duties. Actions are provided for each key factor and ra project list is provided in Section 7 detailing active, under construction, designed, and conceptual projects to achieve these actions. 7 July 2023 370 DRAFT Indian River County Lagoon Management Plan 2. Coastal A. Goals and Objectives The goals and objectives forthe Coastal key factors include: a) Improve water quality, which is linked to algal blooms and declining seagrass. b) Improve ecosystem function through the protection of existing habitats and the restoration of declining habitats. c) Determine areas of muck accumulation for mitigation and management. d) Monitor sea level rise and its impacts on spoil islands, saltwater marshes and mangrove marshes. e) Increase boater education and awareness. B. Key Factors Water Quality In portions of the IRL, trends in nutrient levels have been increasing over historical values. The increase in nitrogen, phosphorus, and heavy metals has been linked to anthropogenic influences. Several organizations monitor water quality in the open waters of the IRL; IRL tributaries; and in stormwater, surface water, and groundwater in the IRL watershed. These entities include IRC Stormwater and Utilities, FDEP, SJRWMD, Florida Atlantic University, and Ocean Research & Conservation Association. The parameters measured include salinity, temperature, dissolved oxygen (DO), nitrogen, and phosphorus. Coastal eutrophication is a risk in areas with increased urbanization and rapid population growth (Howarth 2008, Rabalais et at. 2009, Malone and Newton 2020). This risk is due to hardening of the coastline, runoff of lawn waste (fertilizer, sediment, pesticides, and herbicides), and increased wastewater discharge volume and strength. Nitrogen and Phosphorus Nitrogen and phosphorus are important nutrients in an ecosystem, but when the nutrients are overabundant or out of balance there is a risk for the development of algal blooms, which leads to a seagrass die off and low DO. Freshwater systems are typically limited by phosphorus since freshwater microorganisms are effective at fixing nitrogen from the atmosphere. Marine waters are typically nitrogen -limited. Estuaries, like the IRL, are locations where freshwater and marine waters mix, making the system a more complex system for determining the root cause of eutrophication. Anthropogenic sources of nitrogen and phosphorus include agriculture, fertilizer, pet waste, wastewater (septic), detergents and stormwater runoff. Reducing anthropogenic sources of nitrogen and phosphorus to the IRL is paramount to achieving a healthy ecosystem. Nitrogen exists as atmospheric nitrogen gas, ammonia, ammonium, nitrite, and nitrate. Ammonia, nitrite, and nitrate are often anthropogenic sources of nitrogen entering the environment. During nitrogen fixation planktonic, bacteria, cyanobacteria and some algae convert atmospheric nitrogen to ammonia (Figure 4). Nitrification occurs when ammonia is converted to ammonium, nitrite, and subsequently nitrate. During this process bacteria consume oxygen from the water column, which can lead to low oxygen levels and an accumulation of ammonia and nitrate in eutrophic systems. Plants and algae will take up ammonium and nitrate to grow mass. Under eutrophic conditions, algae can out complete plants for the available nitrogen and cause algal blooms. Phosphorus is an essential nutrient for all living organisms. In the environment, phosphorus naturally occurs as phosphate in sediments and rocks, slowly leaching into ground and surface waters. Florida is naturally high in phosphates, but additional phosphate may enter the water column as a result of human activity. Phosphorus is one of the main ingredients in fertilizers used in agriculture and is common in detergents. When phosphorus enters the water, it is taken up by aquatic plants and algae. Excessive phosphorus can lead an increase in algae causing the phosphorus to be released back into the system when the algae die. 8 J u ly 2023 371 i cteria From: https:/Iwww.epa.gov/caddis-vol2/ammonia#tab-4 Figure 4. Nitrogen Cycle Dissolved Oxygen The quantity and forms of nitrogen present in the IRL is closely related to DO, which is consumed during nitrification. DO is the amount of oxygen in the water available for use by aquatic organisms. Some species are adapted to lower levels of DO, but generally aquatic species require greater than 2 milligrams per liter for survival. Therefore, the DO concentration in water can be a measure of the health of the aquatic environment. DO has both a daily and seasonal cycle. Oxygen is produced by plants in the presence of sunlight via photosynthesis. DO concentrations tend to decrease at night when photosynthesis is not occurring. Light availability determines the daily cycle, but the seasonal cycle can be linked to light and temperature (Figure 5). Temperature, salinity and atmospheric pressure determine the amount of DO that can dissolve in water. When temperatures increase, the amount of DO the water can hold decreases. The same is true for salinity. Saltwater holds 20% less oxygen than freshwater. Wind, waves and currents mix the water column, mixing DO throughout and allowing for the dissolution of atmospheric oxygen into the water. This increases DO availability when winds and currents are high, while stagnant water will experience a decrease in DO and will often have hypoxic conditions at the lowest stratification. When a system is consistently depleted of D0, the hypoxic waters are referred to as a "dead zone." A rapid or widespread decrease in DO is often the cause for fish kills. Salinity Salinity is the measurement of dissolved salts in the water and is often expressed as parts per thousand (ppt). Many aquatic plants and animals are sensitive to fluctuations in salinity including seagrass and oysters. Freshwater has a salinity of 0.5 ppt or less. Estuaries can have salinities from 0.5 ppt to 30 ppt depending on freshwater inputs, flow and proximity to the ocean. Freshwater inputs to the IRL will lower salinity levels, while periods of drought will create hypersaline conditions. The proximity to the inlets stabilizes the salinity in IRC's region of the IRL, but major storm events may create pulsed events of low salinity. These changes in salinity are temporary, often recovering within days. On average, the IRL portion within IRC has a salinity ranging from 20 ppt to 30 ppt. 9 July 2023 372 I 32 A jAL 14 2S 12 24 .. 16 i. j a.: :: .. 4 1 is I I 2021=01 :2021.03 2021-0 202i=07 2021-09 2021-11 20n-41 : 2021.0 2022-M .2(22=07 "rZ_4 i 6022-11 2023-01 Water Te33844736, IRL604- IRL604 Banana River, Water T Dissolved-.Wi�33844736, IRLB04 - IRLS04 Banana River, Dts _ N,) - - Note: Graph provided by SJRWMD Figure 5. Example of the Relationship Between DO and Temperature Coastal Acidification Atmospheric carbon dioxide is absorbed by the ocean and other bodies of water, lowering the natural pH oft he system. Estuaries are not only influenced by atmospheric carbon dioxide, but by excess nitrogen and organic carbon runoff from land and freshwater inputs creating coastal acidification. The pH scale is a logarithmic, a pH of 5 is 10 times more acidic than a pH of 6 (Figure 6). Because of a ten -fold increase, slight changes in pH can have a large impact on water chemistry and marine life. The pH of ocean water is 8.2 at a salinity of 35 ppt. The pH of estuarine water is influenced by the salinity. In areas with lower salinity levels the pH can range from 7.0 to 7.5. Areas with increased salinity will have a range in pH of 8.0 to 8.6, because of the alkalizing capability of saltwater. A 2018 study examined pH, DO, temperature and salinity from 10 estuaries in Florida over a 28 -year period. The results from the IRL indicated decreasing pH levels and increasing coastal acidification (Robbins and Lisle 2018). Figure 6. Logarithmic pH Scale 10 July 2023 373 DRAFT Indian River County Lagoon Management Plan Changes in pH level impact marine organisms including fish and calcifying taxa. Under decreasing pH levels, invertebrates are unable to mineralize their exoskeletons. The shellfish may experience a slower growth rate, thinning shells and an increase in mortality. The impacts to fish are not as direct and many researchers believed fish species would not be impacted, because they do not rely on calcium carbonate. However, decreases in pH affect water chemistry. Studies have shown fish can experience metabolic stress, impacts to skeletal mineralization from acidosis and impacts to their sensory system. While some species are capable of adapting to changes in water chemistry, some studies have shown impacts to their olfactory system changing larval behavior including settlement. Coastal acidification is also implicated in the die off of coral reefs across the globe. The economic impacts of coastal acidification are unknown at this time, but tourism and recreation, which includes fishing and diving, contribute $2 billion dollars annually to the region. Heavy Metals Copper, mercury and lead have been found at elevated concentrations in sediments and clams near marinas and urban areas adjacent to the IRL (Trefry and Trocine 2011). These trace elements are naturally found in water and sediments. However, anthropogenic sources of heavy metals are increasing to potentially toxic levels. Anthropogenic sources of heavy metals include agriculture, manufacturing, sewage sludge, pesticides, antifouling paints, galvanized metals, and chromated copper arsenate treated lumber. High levels of heavy metals such as copper and lead can impact survival, growth, reproduction and brain function in marine organisms. Copper is the main component in antifouling paints used to prevent organisms from settling on ship hulls. While its use is beneficial to the marine industry, it is a biocide impacting marine organisms including oysters, which are beneficial filter feeders in the IRL. Additional antifouling paints without copper and other heavy metals, which are capable of inhibiting bioaccumulation, have proven successful and cause less damage to marine organisms Emerging Contaminants Concerns regarding other contaminants remain unknown. Research by Florida International University found caffeine, opioids, antibiotics and other common drugs in redfish collected from the IRL. The impact these medications have on fish, human consumption and other marine life remains in question. Another emerging contaminant of concern is microplastics. Plastic materials can take anywhere from 20 to 500 years to break down, creating microplastics, which are plastics measuring less than 5 millimeters. Microplastics have been found in the stomach content of fish and in the tissues of oysters in the IRL. Little is known about the impact plastics are having on the health of these organisms. There is evidence of dehydration and malnutrition in marine organisms ingesting plastics, which often leads to death. While nitrogen and phosphorus have been linked to degraded water quality leading to algal blooms and eutrophication, there are other factors impacting IRL water quality. Heavy metals; coastal acidification and emerging contaminants such as plastics, perfluoroalkyl substances and glyphosate have been linked to anthropogenic sources. There is increasing concern regarding their impacts on the IRL, especially since they have often been overlooked by regulatory agencies. To successfully improve IRL water quality, it is necessary to address all pollutants and contaminants from anthropogenic sources. Water QualityActions The following actions are proposed to help improve water quality in IRC's portion of the IRL: • Improve wastewater treatment facilities and eliminate disposal to the IRL. • Continue education and outreach for pollution reduction including the fertilizer ban. • Continue to encourage regulatory oversight agencies to improve and ensure proper BMPs are in place for agricultural facilities. • Continue to improve BMPs for County facilities. • Reduce freshwater inputs to the IRL. 11 July 2023 374 DRAFT Indian River County Lagoon Management Plan Harmful Algal Blooms �^ Algae is a normal component of a healthy ecosystem, but often goes The IRC HAB Response Plan sets unnoticed. An increase in nutrient inputs to the system can lead to objectives, partnersand response actions excessive growth in algal species, known as an algal bloom. Algal bloom for the County during a HAB event. persistence is dependent upon the species and nutrients available. A Response efforts include sampling, limiting nutrient controls the growth of the algae or plant when it is at low public messages and cleanup of levels in the ecosystem. Nitrogen is often the limiting nutrient in marine and deceased organisms. estuarine environments, while phosphorus has been considered the limiting nutrient in freshwater ecosystems. However, in an algal bloom, the limiting nutrient is also dependent upon the species of algae present. Pseudo- nitzschia is a diatom commonly found in the Central IRL. Under bloom conditions, the algae produce the biotoxin domoic acid, which causes amnesic shellfish poisoning. Unlike other algae, the limiting nutrient for diatom blooms is silicon. Throughout history, the IRL has experienced periodic algal blooms, but in recent years there has been an increase in frequency and duration as well as a shift in the dominant taxon making up the bloom. In 2011 and 2012, there was a persistent algal bloom, which impacted seagrass beds and caused widespread fish kills. The 2011 bloom was caused by a green microalga, while the 2012 bloom was dominated by Aureoumbra lagunensis, a brown alga previously unknown to the region. These algae species had not been identified in previous blooms and their size (6 micrometers) made it difficult to identify them with a standard microscope. As the seagrass beds began to rebound in the IRL, another algal bloom was experienced. In 2016, the IRL experienced a wide -spread algal bloom of Aureoumbra lagunensisas well as the cyanobacteria species Microcystisaeruginosa, which flowed from Lake Okeechobee through the St. Lucie Estuary. Many algal species produce biotoxins, which are dangerous to aquatic organism and humans. These toxins can cause neurological, respiratory and liver issues depending on the species. However, not all algal species produce toxins. Yet an algal bloom is still harmful to the aquatic environment. Extensive and persistent algal blooms block light from reaching seagrass beds, leading to seagrass loss. As the algae die and settle to the Lagoon bottom, decomposition begins. Bacteria and other microbes take up oxygen during the decomposition process leading to low DO and fish kills. In addition, the decomposition of the algae causes muck accumulation on the Lagoon bottom. The best action taken against a harmful algal bloom event is prevention of excess nitrogen and phosphorus by IRC and citizens. Harmfu/Alga/ Blooms Actions The following actions are proposed to help reduce harmful algal blooms in the IRL: • Monitor real time data to identify possible harmful algal blooms. • Work with local stakeholders to provide increased monitoring when there is a potential for health concerns. • Reduce freshwater and nutrient inputs. Organics and Sediments Historically the IRL had a sandy benthic habitat. The sandy material consisted of 7% clay and 2% organic matter. As the population along the IRL began to boom in the 1900s, an increase in runoff carried organic matter, silty sediments and nutrients. In addition, increased nutrient loads lead to algal blooms, which increase the organic material to the Lagoon floor. These inputs have caused a shift in the IRL benthic community. Sandy sediments have now been replaced with muck, which is primarily composed of water and has the consistency of mayonnaise (also known as "black mayonnaise"). The sediments are comprised of 59% clay and 10% organic matter. This high organic matter content produces hydrogen sulfide and creates an anoxic benthos. The high-water content and the fine silty material increase turbidity and smother the benthic habitat inhibiting seagrass growth. Muck accumulates nutrients allowing for fluxes of nitrogen and phosphorus to the water column creating a feedback loop for potential algal blooms. Deep muck pockets are often isolated to specific sites including the ICW and other deeper holes and channels. Other regions of the IRL may contain smaller, thinner layers of muck over natural Lagoon sediments. At this time, there is limited understanding of muck locations and content within the IRL in IRC. To better understand muck locations and content, it is necessary to map the current muck locations, determine their depth and measure their nutrient fluxes. Extensive muck 12 J u ly 2023 375 DRAFT Indian River County Lagoon Management Plan pockets can be managed by dredging, dewatering and disposal of the muck material at the landfill or an upland site. Muck removal by dredging is suitable for navigable areas of the IRL. Muck has also been successfully managed by trapping the material under a clean layer of sandy sediments compatible with the IRL natural sediments. Dredging and capping muck is beneficial in preventing nutrient fluxes to the water column. While these methods are available to manage the current muck within the IRL, it is necessary to prevent further accumulation of muck, as it is easier and more cost-effective. Ways to help prevent the accumulation of muck include keeping a native buffer along IRL shorelines to reduce erosion, reduce the use of fertilizer and keep lawn trimmings and plants out of canals and drains. Organics and Sediments Actions The following actions are proposed to help improve organics and sediments in IRC's portion of the IRL: • Identify areas of muck impact. • Determine muck flux rates. Remove and/or cap muck as necessary. Hydrology and Hydrodynamics The IRL is influenced by rain, surface water, groundwater and ocean inputs. The total flow entering the IRL and water movement within the system are important factors influencing its health. Hydrology is the study of the movement, distribution and properties of the Earth's waters, which includes surface and ground waters. Hydrodynamics is the study of the internal circulation of water and its effects on water quality. Historical records have shown human habitation along the IRL for over 7,000 years, but it was not until the late 1800s that human activity began to drastically shift the hydrology and hydrodynamics. The alteration of natural system flows includes hardened shorelines, drainage canals, dredging, mosquito impoundments, causeway development, and creation of artificial islands and inlets, which occurred over time as humans populated the region. The demand for agricultural land required the drainage of wetlands, creating three relief canals and ultimately increasing the freshwater drainage to the IRL. The amount of freshwater flow has continued to increase through additional navigable canals for property owners and continued development. In 1912, the ICW was completed creating a 10 to 12 -foot deep channel for vessel navigation. The spoil from the dredging of the channel created 43 spoil islands in IRC (Figure 7), which shifted the wind -driven flow. In addition to dredging and spoil deposition, the need for access across the IRL increased as the region continued to develop. The filling in of land masses and creation of causeways caused a narrowing of open water and affected wind -driven circulation. Along with channelization and man-made canals, the creation of dead-end spaces has increased retention time in specific regions, making the system more vulnerable to pollutants, the trapping of sediments and anoxic conditions. In 1925, the IRC Mosquito Control District was established. To control the mosquito population, mosquito impoundments were created through the channelization and diking of high marshes westward of the fringing marshes of Spartina and red mangroves. By the 1960s, 2,600 acres out of 4,500 acres of IRC coastal marsh habitat were impounded along the IRL. Impoundments created several issues relating to nursery connectivity, shifts in biodiversity and allowed for an overgrowth of both native and invasive species eliminating the high marsh habitat. These impoundments prevent connectivity from the marsh to the IRL, which isolates important sport fisheries from critical nursery habitat. In addition, the consistent flooding of impoundments can create hypersaline conditions and a loss of vegetation. Management practices for mosquito impoundments have changed with increasing knowledge regarding the impacts to important sport fisheries. Many mosquito impoundments remain open for extended periods of time to allow for greater connectivity and are only flooded during a small period of the year. The extensive drainage for development and agriculture, as well as the creation of impoundments for mosquito control eliminated natural wetlands and changed the natural water flow, as well as the connectivity between important nursery habitat and the IRL. The IRL had two natural inlets, Ponce and Jupiter, with temporary inlets over narrow areas of the barrier island. Temporary inlets allowed for the movement of sand from the east to the west bank of the IRL, creating a shallow sandy bottom. Temporary inlets would persist for days to years, but the often shallow and narrow inlets prevented vessel traffic from 13 July 2023 376 DRAFT Indian River County Lagoon Management Plan moving between the IRL and the Atlantic Ocean. To increase navigable access from the IRL to the Atlantic Ocean, three man- made inlets and Port Canaveral and locks were created in the IRL. The natural movement of sand continually fills in the inlets, which requires managed dredging to remain open. Even with five inlets, the tidal nature of the IRL is limited to a few miles north or south of an inlet limiting saltwater flow and making the IRL sensitive to fluctuations in land-based discharge. IRC is bordered by two inlets, Sebastian and Fort Pierce, which help to stabilize salinities in the Central IRL and reduce residence times when compared to more isolated regions of the IRL. The development on and along the IRL has changed circulation patterns, impacting coastal marsh habitat, influencing salinity and altering flushing rates. The IRL hydrodynamic changes ultimately impact water quality and sedimentation within the system. While having two inlets inclose proximity benefits the IRC region of the IRL, increased development has altered shorelines reducing resilience and impacting water quality and sedimentation rates. 0. 11 `Ion Islands - ®3R RecreaNsnal 8lands . .: ... Indian R -, Figure 7. Locations of the IRC Spoil Islands 14 July 2023 377 DRAFT Indian River County Lagoon Management Plan Hydrology and Hydrodynamics Action The following action is proposed to improve the hydrology and hydrodynamics in the IRL: a Reduce freshwater flows to the IRL. Sea Level Rise Sea level rise is a concern for all coastal communities. It is caused by the melting of ice sheets and glaciers and the expansion of water as it warms (Lindsey 2022) (Figure 8). Most of the coastal areas in IRC are less than 25 feet above sea level. Since the 1970s, seas have been rising at approximately 4.03 millimeters per year, which is equivalent to 1.32 feet in 100 years (Figure 9). This puts coastal areas of the IRC at greater risk for potential flooding and inundation from sea level rise. Sebastian Inlet to the north and Fort Pierce Inlet to the south create a tidal influence within the IRL in IRC. As sea level rises, tides will also become more extreme increasing IRL water levels. The USACE Projection Summary anticipates seven of the 50 stormwater outfalls in IRC will be underwater by 2040 and IRL elevation will reach between 5 to 8.5 feet by the end of the century (USACE 2013). In addition to sea level rise, climate changes will increase storm frequency and intensity leading to an increase in potential inundation of upland areas, placing homes and infrastructure at risk. GLOBAL SEA LEVEL if 300 v a m 50 m 0 N a, ~o '50 - - v a -100 .. E o :.. v -150 a- y y on c m L U -250 1880 1900 1920 1940 1960 1980 2000 2020 Years Figure 8. Global Sea Level Rise 47M11"Aill ww llll'111r,. Aar* +i- @sit Un atllll �iarr�l — tryipnr lSet[ l#eitnitas Mrlial — — — — — — — — — — — — — — — — — _ Lower 95% confidence Interval Monthly mean sea level with the 03tl average seasonal cycle removed --- — — — .— —— Tr: 0.35 — .. —- ——---.—., V 0.00 _ „ •. -0.35. — — _M" —_-— —— — —_ -- --- . — —— — — —— -- : -OAR —— — — — — —. .CA ' 1930 1940 1950 1960 1970 1980 1990 2000 Figure 9. Sea Level Rise at Lake Worth Pier, Florida . _ . 15 : July 2023 3%S:: DRAFT Indian River County Lagoon Management Plan Sea level rise will have ecological implications on the distribution of seagrass, the migration of marshes, increased shoreline erosion, oyster reefs and saltwater intrusion. High marshes positioned above mean high water levels naturally protect upland structures from water inundation, prevent pollution and are an important habitat for numerous organisms. With the loss of high marsh habitat, sea level rise will increase sedimentation and nutrient releases to the IRL. Many of the remaining mangrove fringe habitat will be unable to retreat. Mangrove fringe habitats act as a carbon sink, filter nutrients, stabilize sediments and provide a vital nursery habitat within the IRL. With limited ability to retreat, mangrove fringe habitats will eventually be destroyed, releasing stored carbon creating negative feedback for climate change drivers. The IRLNEP Climate Ready Estuary Technical Report (2021) lists sea level rise as a major stressor for impaired waters. Ina risk analysis it was determined sea level rise in the IRL will increase pollutant loadings, decrease water clarity, decrease DO, reduce suitable marsh habitat and decrease biodiversity while increasing the risk of exotic and invasive species spread. Sea level rise will negatively impact habitats and organisms within the IRL. In addition to those impacts, homes and infrastructure will be at risk of flooding. To gain a better understanding of the risks to the IRL and the community, it is necessary to understand the rate of sea level rise in the IRC. While data are available from NOAA, the closest station is 90 miles south in Lake Worth. Sea Level Rise Actions The following actions are proposed to help address sea level rise in IRC: • Improve resiliency and shoreline protection. • Encourage engineering sea level rise risks and scenarios into new infrastructure. Aquatic Ecosystem Functions and Habitat Use The IRL is a biologically diverse estuary. It is home to over 4, 000 species of flora and fauna. Estuaries play an important role as a nursery habitat for many marine organisms spending their larval and juvenile stages in a protected shallow environment. While some species only use the IRL for a portion of their lifecycle, there are many residing within the Lagoon fortheir entire life. Several species in the IRL have experienced ecological changes linked to the degradation of the ecosystem. Declining water quality and sediment degradation can be implicated to the many issues these organisms have experienced. Seagrasses Seven species of seagrasses inhabit the IRL, but the most dominant species, and particularly within the IRC region, are Halodule wrightii(shoal grass), Syringodium filiforme (manatee grass) and Thalassia testudinum (turtle grass). Seagrasses provide essential ecosystem services to the IRL. Seagrasses stabilize the benthic habitat, provide shelter for invertebrates, fish, take up nitrogen and phosphorus and are an important food source for herbivorous organisms, including manatees. Because of the importance of seagrass in the IRL, it is widely studied with the most extensive dataset collected by SJRWMD. SJRWMD began mapping seagrass the IRL every two years since 1986. The agency conducts both aerial surveys and transect surveys throughout the IRL. For the purposes of seagrass mapping, SJRWMD breaks the IRL into reaches. IRC is located within Reach 6 and SJRWMD monitors 15 transects in the County (Figure 10). Through their extensive mapping efforts, SJRWMD is able to determine the areal change in seagrass within each reach. From 1970 to 1992 seagrass coverage in the South Central IRL relatively remained the same. Some regions saw an increase in seagrass coverage, while areas with increasing development saw a decrease (Fletcher and Fletcher 1995). However, a decrease in the maximum depth of seagrass beds was observed, which was linked to low light conditions. This has remained true forseagrass beds within IRC. SJRWMD continues to see the maximum depth of seagrass beds shrinking. Since 1998, the mean percent cover of the three -dominant species of seagrasses in IRC has steadily declined. Seagrass loss was accelerated in 201, 2012 and 2016 with extensive losses in areal coverage as well as density caused by widespread algal blooms (Figure 11). Seagrass loss throughout the IRL has been linked to decreased photosynthetic active radiation, which is required for survival and growth. Since 2016, seagrass beds have begun to show patchy recovery in IRC. It is important to understand that seagrass recovery will not occur rapidly. It is estimated it will take up to 16 years for area[coverage and density to return to pre -2011 coverage, but this will require continued improvement to water quality. It i5 not feasible to plant all the lost seagrass beds within IRC. However, to boost natural recovery efforts, restoration projects at historically known seagrass sites with viable water quality, clarity, sediment quality and protection from wave action may be beneficial. 16 July 2023 379 DRAFT Indian River County Lagoon Management Plan 80°010^W Ponce de Leon Inlet Moequ' Reach 1 Lagoon • Seagrass transect f 0 15 30 km Yc z"I i I Reach 2 ! N ,Banana River LOOM Reach 3. Teach 4 s� Z Reach 5 o 0 Indian N River •' Sebastian Inlet Lagoon Reach 6 `Fort Pierce Inlet Reach 7 i�' Ukm Reach 8skst. Lucie Inlet L Reach 9% Jupiter Inlet a0^0a0•W Figure 30. Locations of SJRWMD Seagrass Transects DRAFT Indian River County Lagoon Management Plan Mangroves Three mangrove species can be found along the shorelines of the IRL: red, black and white. In many regions of the world, mangroves often grow in succession indicating flood tolerance (Figure 12). However, mangroves in the IRL do not follow the typical progression from red mangrove in the intertidal, to black at the mean high tide line and white growing in upland less flooded areas. Mangroves create a nursery habitat and shelter for numerous organisms, including important commercial and recreational fish species. They offer protection against tidal and wave forces, offering protection to upland structures. Mangroves stabilize and trap sediments along shorelines and have been shown to outperform seawalls and bulk heads (Timm 2017). In addition to the habitat and protection mangroves offer, they are a nutrient and carbon sink, removing excess nutrients and carbon from the environment. The greatest threat to mangroves is development. FWC estimates the IRL has lost 85% of its mangrove forest. To protect mangroves in Florida, FDEP regulates the removal and trimming of mangroves, setting guidelines and permit requirements for such activities (https://floridadep.gov/sites/default/files/Mangrove-Homeowner-Guide-sm_O.pdo. IRC is currently working with the University of Central Florida to complete a shoreline characterization study within the county. The study will help managers better understand current shoreline conditions and establish strategies for shoreline restoration and management. Florida Mangrove Zonation Figure 12. Florida Mangrove Zonation Suspension Feeders There are approximately 160 species of bivalves inhabiting the IRL. Bivalves are suspension feeders and include clams and oysters. Historical bivalve populations are not well understood in the Lagoon, although shell middens indicate oysters and clams were part of a sustainable fishery for the Ais Native Americans. World-wide, bivalve populations are declining. This decline can be contributed to disease, changes in water quality, suitable settling habitat and overharvesting. IRC has oyster reefs near the North Relief Canal, Spoil Island 43 (IR -43) and at the mouth of the St. Sebastian River. Oyster growth also occurs in abundance on red mangrove prop roots, dock pilings and shallow rocky areas throughout IRC. An adult oyster is capable of filtering 30 to 50 gallons of water per day, removing sediments, small phytoplankton and particulate bound nitrogen and phosphorus. Oysters release ammonia as biological waste, but bacteria and microbes associated with established oyster reefs fix the ammonia through denitrification; therefore, the oysters do not contribute additional nitrogen loading. Estimates of oyster reef denitrification efficiency range from 20% to 100% (Piehler and Smyth 2011, Ray et al. 2019). While oysters can improve water clarity and quality, they need good water quality for growth and survival. Oysters have varying requirements of salinity, temperature and flow at different stages of their lifecycle. Minor fluctuations in these requirements can increase mortality and reduce settlement rates. In addition to their ability to improve water quality, oysters are ecosystem engineers. Oyster reefs act as breakwaters, dissipating wave energy and decreasing 18 July 2023 381 DRAFT Indian River County Lagoon Management Plan shoreline erosion. Oyster reefs are readily used in living shoreline construction projects in the IRL. IRC currently has loose oyster shell ready to be used in shoreline restoration projects. Mercenaria mercenaria is a large hard -shelled clam, burrowing in soft sediments including sand and mud flats throughout Florida. Similar to the benefits of filtration by oysters, Mercenaria also filter out particulate matter and phytoplankton. The waste by-product is passed directly to nitrifying bacteria found in the sediments. The hard clam was an important commercial fishery in the IRL. Between 1987 and 2001, 10.5 million pounds of Mercenariawere harvested from Volusia County to Martin County in the IRL. The commercial fishery was valued at $70.3 million, ranking the hard clam the most valuable commercial fishery in the IRL. Unfortunately, the commercial fishery has seen a drastic decrease in the number of harvestable clams because of overharvesting, sediment quality and declining water quality. Currently, hard clams are farmed commercially from Volusia County to IRC. Clam seeding has taken place throughout the IRL to increase the density of clam and reestablish clams, including IRC. Clams are reared by the University of Florida's Whitney Lab using spawning stock referred to as "super clams." The stock is believed to be superior and able to survive the changing conditions experienced by the Lagoon. The Brevard Zoo has established Mercenariaclam beds in the north end of IRC. In the pursuit of improving Lagoon water quality and habitat restoration, IRC should consider partnering with organizations workingtoward the establishment of clams in the IRL. The Florida Department of Agriculture and Consumer Services (FDACS) has two aquaculture leases in the northern end of IRC with conditionally approved harvesting (Figure 13). Harvesting from this area is closed when two-day cumulative rainfall measured by NOAA exceeds 2.54 inches. An additional approved bivalve harvesting area is #70, spanning from IRC to St. Lucie County. The area within IRC is currently closed to harvesting year-round (Figure 14). SEBASTIAN INLET cs POINT i 7 151 305 a. i/_ _ 'T7 1. F l 7 A1R SEBASTIAN SPRATT POINT Figure 13. FDACS Aquaculture Leases in IRC 19 J u ly 2023 382 DRAFT Indian River County Lagoon Management Plan SHELLFISH HARVESTING AREA CLASSIFICATION MAP #70 (Survey: November 10, 2015) Indian River/St. Lucie (#70) Shellfish Harvesting Area in Indian River and St. Lucie Counties BIG STARVAn0N FT. PIERCE CUT N. BEACH COVB CAUSEWAY MANGROVE ISLAND 0E GARlTSLD CVS COT Figure 14. FDACS Approved Bivalve Harvesting Area in IRC 20 July 2023 383 FT. PIERCE CUT N. BEACH CAUSEWAY MANGROVE ISLAND 0E — ORT„ PIERC9 INLET 9g' ^ �IJt Figure 14. FDACS Approved Bivalve Harvesting Area in IRC 20 July 2023 383 DRAFT Indian River County Lagoon Management Plan Fisheries The IRL supports a valuable recreational fishery with tourism and recreation contributing $2 billion annually to the economy. The fish population biodiversity of the IRL provides a wide variety of species including snapper, sea trout, black drum and sheepshead, in addition to big gamefish such as snook, tarpon and redfish. FWC conducts both fisheries dependent and independent monitoring in the IRL. According to the fisheries independent monitoring, fishing stocks appear stable, but overall fish length is decreasing. The economic importance of fish to the region cannot be ignored. Fish are susceptible to changes in water quality, decreased DO and algal blooms. The algal bloom of 2016 led to lagoon -wide fish kills linked to low DO. Larger gamefish are dependent upon forage fishes to thrive, and forge fishes are more susceptible to fish kills linked to low DO. Many commercially and recreationally valuable fish species use the IRL as a nursery habitat. They are dependent on seagrass, saltmarsh and mangrove habitats fortheir survival. Increasing development and habitat loss will impact these species and the economy. Preventing further habitat loss will be beneficial in maintaining fish stocks. Megafauna Several species of charismatic megafauna inhabit the IRL, drawing visitors to the region. Dolphins, manatees and marine turtles contribute to the local tourism economy, they are also federally protected species. Habitat loss including seagrass, water quality degradation from emerging contaminants and human recreation activities are impacting their health and survival. The common bottlenose dolphins found in the IRL have strong site fidelity, only migrating an average of 17 miles. Unlike other coastal populations of common bottlenose dolphins, IRL dolphins rarely form strong family pods except during calving. While dolphins may enter the IRL through the inlets, they remain in the Lagoon for their entire lifecycle and do not migrate to the Atlantic Ocean. Hubbs Sea World estimates there are approximately 1,032 dolphins residing in the IRL. This number has remained relatively stable over the last decade. Research on the IRL dolphin populations has identified environmental stressors as an indicator of dolphin health. In recent years, IRL dolphins have experienced an unusual mortality event. Researchers found even in the absence of a harmful algal bloom, saxitoxin, a neurotoxin associated with the bioluminescent dinoflagellate Pyrodinium, was present in their systems. In addition to known pollutants, such as mercury impacting dolphin health and immune function, emerging contaminants are an increasing concern for the health of the populations in the IRL. A study by Florida Atlantic University found that 88% of the dolphins tested contained antibiotic resistant bacteria. The most common antibiotic identified was erythromycin, which is used in human and veterinary medicine (Schaefer 2019). On average 3,000 manatees use the IRL annually. Manatees are slow moving marine mammals. They are vulnerable to cold stress, thermal pollution, seagrass loss and boat strikes. FWC monitors the IRL manatee population, including mortality. From 2000 to 2020, with the exception of two cold stress events in 2010 and 2011, manatee mortality in IRC ranged from 5 to 19 per year. During 2021 and 2022, manatees in the IRL experienced an unusual mortality event caused by starvation. IRC experienced an increase in manatee deaths with 25 in 2021 and 21 in 2022, but neither year came close to the cold stress mortality event in 2010. Seagrass has steadily declined in the IRL, including in IRC, but areal coverage of seagrass in IRC has been sufficient to maintain the current manatee population. While manatees have been blamed for seagrass loss, it is important to note that manatees do not pull seagrass up by the root system. Manatees grasp the upper blades of grass similar to bovine grazing. Low light availability from decreased water clarity along with algal bloom events has led to seagrass decline in the IRL. IRC created a Manatee Protection and Boating Safety Comprehensive Management Plan in 2000, with revisions in 2002 and 2004. Since its adoption, additional objectives and policies addressing the general aspects of manatee protection, boating safety and marina facility siting have been incorporated. The IRC Community Development Department uses this plan to review proposals for new and expanded multi -slip docking. The plan is available for the public to review. To further assist the protection of manatee population in IRC, the County should continue to support the work of FWC, assisting in rescue and stranding efforts of injured or sick manatees, assisting in the release of rehabilitated manatees and encourage the regulation of designated manatee speed zones. The Lagoon provides food and protection forjuvenile loggerhead and green sea turtles. Juvenile green sea turtles consume macro algae and seagrasses, while loggerheads consume crustaceans and mollusks. Growth rates of juveniles in the IRL are 21 July 2023 384 DRAFT Indian River County Lagoon Management Plan greater than other areas of southeast Florida. The IRL provides significant feeding opportunities important forjuvenile marine turtles. However, sea turtle health in the IRL concerning. Sea turtles can suffer from fibropapillomatosis (FP), a disease -causing cauliflower -like tumors to form on the body, including internal organs. However, green sea turtles are most commonly and severely affected (NOAA n.d.). FP is caused by Chelonid Herpesvirus 5, but the development of tumors has been linked to aquatic pollution. Approximately 22% of green turtles suffer from FP statewide. In comparison, approximately half of the green turtles in the IRL suffer from FP. FP is a serious condition impacting juvenile green turtles in the IRL, but sea turtles in the IRL face additional threats including boat strikes, harmful algal blooms and emerging contaminants. IRC's Habitat Conservation Plan assists in the protection of sea turtles on IRC beaches. It does not address sea turtle populations in the IRL. However, IRC does play an important role in FWC's permitted stranding network. In addition to the participation in the stranding and salvage network, IRC participates in sea turtle education and awareness to educate the public on the implications of their actions on sea turtle populations within the IRL. The IRL is also home to a brackish aquatic turtle, the diamondback terrapin. Little is known about the diamondback terrapin population in the IRL. At one time the terrapin was commercially overharvested for turtle soup. The commercial harvest was closed in the 1940s and populations have slightly recovered. The International Union for Conservation of Nature's Red List classifies the diamondback terrapin as vulnerable, the equivalent of a threatened listing under the Endangered Species Act. However, terrapins are not covered under the act. State laws do govern the collection and possession of terrapins. Current populations are experiencing anthropogenic impacts with the greatest threat being habitat loss caused by coastal development. Protecting sandy and natural vegetative shorelines is important for the nesting habitat of the terrapin. Aquatic Ecosystems Functions and Habitat Use Actions The following actions are recommended to help protect aquatic ecosystems functions and habitat use in IRC's portion of the I RL: • Continue to work with local law enforcement to enforce speed restrictions for boating. • Establish nurseries for future seagrass and mangrove plantings. • Identify and install seagrass beds in viable locations to initiate recovery • Preserve natural shorelines and plant living shorelines. Marinas, Boats and Boat Ramps Boating IRC has 10,494 registered recreational boating vessels and 313 registered commercial vessels for a total of 10,807 registered boats, with an unknown number of transient boats to the region throughout the year. Most boat owners are responsible, maintaining their vessels, following safe boating practices and minimizing damage to the IRL habitat. However, boating in the IRL is not without its impacts. There are measures in place to minimize environmental impacts to the water, but education should be at the forefront to keep boaters informed, as well as those in the marine industry. There are four primary impacts from recreational boating: habitat damage from propellers, petroleum products, pollutants from boat maintenance and wastewater. Florida Statute 327.53 requires vessels 26 feet or longer with an enclosed cabin and berthing facilities, any houseboat used primarily as a residence and any floating structure with enclosed living space with berthing facilities and public access to have a toilet and Marine Sanitation Device (MSD). MSDs are designed to receive, retain, treat or discharge waste. MSD I is a flow through device treating sewage by chemical or thermal means (required for vessels 26 to 65 feet). MSD II treats waste by biological means using bacteria (required for vessels over 65 feet). MSD III holds waste to prevent direct overboard discharge. Vessel sewage is highly concentrated with up to 40 times as many nutrients as raw municipal sewage (Florida Sea Grant n.d.). MSD I and II devices only reduce bacteria and solids, not nutrients. Federal law requires all vessels with a Y -valve must be closed while operating in all inland and coastal waters. However, vessels without a Y -valve with MSD I and II devices on board are able to discharge outside of No Discharge Zones, freshwater bodies with shallow entrances and exits and river not navigable by interstate vessel traffic. The Clean Vessel Act of 1992 provides funding for the construction of pumpout facilities to ensure proper disposal of human waste from recreational vessels. The act is administered by FDEP. Since 1994, FDEP had awarded more than $7 million funds for the construction of pumpout 22 July 2023 385 DRAFT Indian River County Lagoon Management Plan stations. There are currently 14 pumps located in IRC. Ten of the pumps are in Sebastian, while four are in Vero Beach. A recent survey of the pump out locations determined there was limited access to facilities fortransient boaters and several locations were currently out of service. Pumpout Nav is a mobile app allowing boaters to search for pump out stations throughout the state. FDEP also administers the Clean Marina Program. This is a voluntary program encouraging marinas to implement FDEP's BMPs. The focus of the program is on the protection of sensitive habitats, waste management, stormwater control, spill prevention and emergency preparedness. For a marina to receive the designation, the marina must implement 60% of the BMPs and meetthe legal regulatory requirements. There are 13 marinas located in IRC of which, 10 have received the Clean Marina Program designation (https://floridadep.gov/rcp/clean-marinafcontent/designated-clean-marinas). Mooring Florida law allows boaters to moor in the IRL, outside of the ICW and mooring fields. Florida Statute 327.4109 prohibits mooring within 150 feet of a marina, boat ramp or boatyard, within 500 feet of a superyacht facility or within 100 feet from a marked boundary of a public mooring field unless the vessel suffers from mechanical failure or there are imminent weather conditions in the vicinity. In addition to the listed mooring restrictions, counties may establish Anchoring Limitation Areas (ALAS) under Florida Statute 327.4108. ALAS require an anchored vessel be moved at least one mile away every 45 days. An ALA must not be greater than 100 acres and may not exceed 10% of the navigable -in -fact waterways. Derelict Vessels The establishment of an ALA is designed to prevent the abandonment of vessels, which can increase the risk of derelict vessels. Derelict vessels have negative ecological impacts on the IRL damaging the benthic habitat, scattering debris, discharging contaminants and creating navigation hazards. Potential contaminants include fiberglass and chemicals such as paints, polystyrene, fuel and oil. Law enforcement officers follow protocols established by Florida Statute 46, Chapter 823 to determine if a vessel is derelict or at risk. If a vessel is deemed at risk, the owner is notified and given 72 hours to provide proof of repair to remove the vessel. An at -risk vessel must be ticketed three times in 18 months before it can be approved for removal. Once a vessel is cited, the owner may choose to hand over the vessel to FWC through the Vessel Turn in Program. If the vessel remains in the water, it will be at greater risk of becoming a derelict vessel. Derelict vessels are investigated by law enforcement. Once an owner has been notified a 21 -day count begins. If the owner does not remove the vessel within the 21 -day period or request an administrative hearing, the vessel will be released for removal. IRC is currently the lead organization coordinating efforts to remove derelict vessels from the IRL and adjacent waters. County staff works directly with FWC to monitor at risk and derelict vessels, meeting monthly to have vessels removed promptly. Marinas, Boats and Boat Ramps Actions The following actions are recommended to improve IRC's marinas, boats and boat ramps: • Increase the number of pump out facilities. • Promote the FDEP Clean Marina Program. • Provide education to marinas and boaters on BMPs for boat care and maintenance. • Continue to encourage local law enforcement to patrol IRL waters to ensure compliance with mooring and waste disposal. 23 July 2023 386 DRAFT Indian River County Lagoon Management Plan 3. Stormwater A. Goals and Objectives The goals and objectives for the Stormwater key factors include: a) Reduce nitrogen and phosphorus loading from the IRFWCD's three main relief canals to meet the TMDLs and BMAP requirements for the Central IRL. b) Reduce the amount of organic material entering the IRL contributing to nutrient loading and muck accumulation. c) Educate the public on point and nonpoint sources of stormwater runoff including what they can do to prevent nutrients and contaminants from entering the IRL. d) Enforce BMPs at construction sites to prevent materials and sediments from entering storm drains. B. Key Factors Annual Rainfall The amount of rainfall IRC receives is decreasing by 0.27 inches per year, but the region receives on average 52 inches per year making it an important source of freshwater to the IRL. Rainfall enters the IRL through stormwater runoff directly from land, canals and groundwater flow, which impacts the IRL by carrying sediments, nutrients and contaminants. IRC has been proactive through the creation of two stormwater parks designed to remove excess nutrients and trap sediments from the IRFWCD canals. Egret Marsh and Osprey Marsh use algal turf scrubbers to remove nitrogen and phosphorus from water in the IRFWCD canals, which includes both stormwater and groundwater discharge. It is estimated IRC removes 80,170 pounds per year of TN and 12,123 pounds per year of TP, based on projects provided for the Central IRL BMAP. Athird nutrient removal system came online in 2023. Moorhen Marsh uses water lettuce basins to remove nutrients before the water is discharged back to the North Relief Canal. In addition to the stormwater parks, IRC actively removes water lettuce, trash and debris from the Main Relief Canal using the PC Main Screening System, which began operating in 2008. The removal of water lettuce from the canals before discharging into the IRL is important because water lettuce is capable of rapidly growing by fragmentation, it is a nonnative aquatic plant and while it is beneficial in the removal of nutrients, it releases nutrients back into the ecosystem upon its demise and contributes to muck accumulation as it settles to the IRL benthos. The three relief canals, St. Sebastian River and groundwater discharge in IRC represent most of the freshwater flow to the IRL. Freshwater flow can directly impact the salinity levels lowering or raising them. The freshwater flow from the St. Sebastian River remains relatively consistent with the exception of major storm events. However, rainfall in Florida is often seasonal and can be influenced by climate patterns. Low levels of rain can lead to increases in salinity, while increased rainfall leads to lower salinity levels. Lower salinity levels have been observed in the region but are often associated with storm events and are transient in nature. As previously stated, salinity levels can influence DO levels impacting marine life and salinity is an important water quality parameter for both seagrass and oysters. IRC is proactive in reducing nutrient inputs from stormwater through the operation of nutrient removal stormwater parks and mechanical removal of water lettuce. Weekly water quality monitoring of the three relief canals has shown the effectiveness of the parks at removing TN and TP and reducing nutrients from entering the IRL. However, it is important to note that IRC does not maintain the three main relief canals or control water flow through them. The canals are the property of IRFWCD who, through an agreement with IRC, allows the County to pull water from the canals for the three stormwater parks and mechanically harvest water lettuce. It is important to maintain this partnership for the benefit of the IRL. Basin Management Action Plan In 2009, FDEP established TMDLs for the IRL using years of water quality data collected by SJRWMD and in accordance with the Clean Water Act, which was established in 1972 setting national water quality criteria for surface water pollutants. A TMDL represents the maximum amount of pollutant a surface water can assimilate without exceeding water quality 24 July 2023 387 DRAFT Indian River County Lagoon Management Plan standards. Once waters are declared impaired and TMDLs are established, FDEP develops a BMAP. A BMAP is a framework for water quality restoration for the state and local entities to reduce pollutant loading through current and future projects. BMAPs are designed to be implemented in multiple phases to meet the restoration goals for a particular waterbody. For the purposes of the IRL BMAPs, the IRL is divided into three sub -basins. IRC is located within the Central IRL BMAP. The Central IRL BMAP is further divided into project zones. IRC is located in two project zones: SEB, from Grant Farm Island to the Wabasso Causeway, and Central B, the Wabasso Causeway to the IRC and St. Lucie County line (Figure 15). The initial Central IRL BMAP was adopted by FDEP in 2013. IRC was not required to make any reductions, because the median seagrass depth limit for the area was in compliance with the parameters set by FDEP when the BMAP was created. Even though the County did not receive reduction requirements, IRC was actively pursuing projects, reducing nutrient loading to the IRL. IRC continues to make strides through multiple departments to meet to load reductions. As a stakeholder in the Central IRL BMAP, IRC submits all applicable projects and data to FDEP's Statewide Annual Report. FDEP compiles the data collected into a summarized report of accomplishments including restoration projects and management strategies. The public may view the report and story map on the FDEP website (https://floridadep.gov/dear/water-quality- restoration/content/statewide-ann ual-report). In 2020, the Central IRL BMAP underwent a remodeling effort shifting from the previous PLSM to a new SWIL model. The model includes the acreage, land use and loading estimates, including groundwater and atmospheric deposition, to determine the reduction requirements for each entity located in the BMAP area. Under the PLSM, the draft reductions for TN and TP were 125,496 pounds per year and 19,063 pounds per year, respectively. Under the SWI L model, the draft reductions for TN and TP increased to 251,097 pounds per year and 29,960 pounds per year, respectively. The newly established reductions must be met by 2035 with a five-year milestone of 35% and a ten-year milestone of 70x/0. Upon review, it was determined several parameters set within the model were not accurately depicting soil type and land use within IRC. The SWIL model is currently under review by FDEP. The model revision was expected to be completed by April 2023, but at this time, the modeling efforts are still underway. IRC faces challenges in meeting the requirements set forth by the current BMAP using the SWIL model. The greatest challenge will be the costs associated with the design and construction of projects. To meet the new BMAP reductions, it would benefit IRC to study the groundwater flow and nutrient loading of groundwater in the County since FDEP places considerable weight on groundwater in their modeling efforts. In addition, for IRC to received BMAP credits for septic -to -sewer projects, it is necessary to develop an ArcGIS-Based Nitrate Load Estimation Toolkit (ArcNLET) model of TN loading to the IRL. 25 July 2023 388 DRAFT Indian River County Lagoon Management Plan Note: From the FDEP Central IRL BMAP (2021) Figure 15. Central IRL BMAP Project Zones Best Management Practices Stormwater is an important conveyance of nonpoint source freshwater and pollutants to the IRL. Water flow from urban areas, suburban neighborhoods and agricultural lands can carry nitrogen, phosphorus and heavy metals. To reduce the impacts of stormwater on the IRL, BMPs have been identified by FDEP and FDACS. BMPs are practices deemed by the scientific community to be an effective means of preventing or reducing water pollution generated by various activities and industries. When BMPs are effectively implemented, they should reduce nutrient loading and achieve the TMDLs. IRC has been proactive in the implementation of BMPs in the Stormwater Division, including several local ordinances such as the fertilizer ordinance established to reduce nutrients and improve the health of the IRL. Stormwater is regulated under the National Pollutant Discharge Elimination System Stormwater Program. Underthe municipal separate storm sewer system permit, IRC has adopted a stormwater management program including treatment, enforcement and education. IRC has three large scale regional stormwater facilities designed to remove nutrients from the IRFWCD canals before discharge to the IRL. The design, construction and implementation of two of these projects began before mandatory reductions were implemented in IRC. The third stormwater treatment facility began operating in the summer of 2023. Stormwater enforcement monitors illegal discharge, construction sites and fertilizer application with the authority to issue citations, which can lead to fines or a site shutdown if standards are not met. IRC has a full-time Stormwater Educator handling public outreach and education through public events, mailings, in school education lessons and summer camps. Education and community outreach are important aspects, which are often overlooked when making a beneficial impact on the health of the IRL. These educational opportunities not only inform citizens of the efforts being undertaken by IRC, but also provide them with proactive measures they can make at home and in their daily lives to reduce their impacts on the IRL. 26 July 2023 389 DRAFT Indian River County Lagoon Management Plan FDACS develops and adopts BMPs for the agricultural industry. If an agricultural business is located within a BMAP, BMP enrollment is required by Florida Statute 373.4595 and 403.067. Farmers are required to retain fertilizer records showing they are following the BMPs set for their agricultural commodity, or they must demonstrate compliance through water quality monitoring at the owner's expense. FDACS is responsible for conducting onsite inspections at least every two years of all enrolled agricultural operations within the BMAP. Site visits require a review of the nitrogen and phosphorus fertilizer application or water quality monitoring results. FDACS reports the TN and TP results to FDEP for use in the BMAP assessments and for enforcement of non-compliance issues. As of April 2023, current agricultural enrollment in the Central IRL BMAP is 25% with enrollment in project zones SEB at 30% and Central Bat 11%. FDACS is making efforts to transmit enrollment notifications to producers and landowners identified as agricultural lands in the BMAP to increase compliance levels. FDEP anticipates additional enrollment and the implementation of frequent site visits by FDACS to ensure BMPs are met and reduce nutrient loading from agricultural non point sources. The Central IRL BMAP states the reductions under FDACS BMPs may not be adequate to achieve the TMDLs, but FDACS is committed to regularly updating BMPs based on scientific research and review. Stormwater Actions The following actions are recommended to improve stormwater within IRC: • Continue to work with regulatory agencies to ensure compliance with FDACS BMPs. • Identify conceptual projects to reduce nutrient loading to achieve BMAP compliance. • Identify opportunities to improve sorption of rainwater to recharge aquifers and reduce freshwater flows to the IRL. 27 July 2023 390 DRAFT Indian River County Lagoon Management Plan 4. Conservation Lands A. Goals and Objectives The goals and objectives for the Conservation Lands key factors include: a) Protect, restore and sustain vital habitat within the IRL watershed. b) Protect threatened and endangered species in IRC. c) Create buffers and reduce sheet flow of nonpoint source stormwater directly to the IRL. d) Maintain living shoreline buffers, which outperform sea walls and bulk heads during storm events. e) Create buffer zone allowing for retreat from sea level rise and flooding. f) Create education and natural spaces for the public to enjoy and observe. B. Key Factors Terrestrial Ecosystem Function and Habitat Use IRC began an effort to restore and preserve vital habitats in 2004 with the issue of the County's initial Environmental Bond Referendum and development of the Environmental Lands Program Guide. Since 2004, IRC has worked with local partners to acquire 11,900 acres of sensitive habitat. The County's Conservation Lands manages 2,600 acres, while 5,622 acres are managed through leases and management agreements. IRC manages 27 conservation areas with 13 conservation areas adjacent to the IRL, totaling 12 miles of shoreline (Figure 16). Not all the acreage acquired or managed by IRC is along the IRL, but a large percentage of the land is located within the IRL watershed. Conservation lands acquisition is a crucial aspect of IRL restoration and management. As IRC has seen exponential population growth since the 1970s, so has the watershed, increasing stormwater flow, nutrient loading and loss of natural buffers and shoreline habitat. Natural habitats allow for the absorption of nutrients and metals by plant communities, as well as the percolation of water through the soil (Figure 17). This is necessary as much of the wetland habitats in Florida have been altered or lost through development. Wetlands slow the flow of stormwater, allowing for retention of stormwater leading to the abatement of nutrients. In addition, the 12 miles of shoreline from development 28 July 2023 391 DRAFT Indian River County Lagoon Management Plan ensure the protection of salt marsh and mangrove marsh communities. Natural shorelines are an important habitat for manyjuvenile species. They create a buffer from runoff and lead to sediment accretion, reducing erosion developed shorelines experience. Research by the University of Miami has shown natural shoreline or living shorelines outperform sea walls and bulk heads during storm events (Timm 2017). Living shorelines use plants or other natural elernents—sometimes in combination with harder shoreline structures—to stabilize estuarine coasts, bays, and tributaries. M. t .� �u s .>. Onesquats NAar€ltk�ltrap mrnoe of ur£i sfAm% nt� ham t n„flash slofes tfnp litul watos. quality, j)wviCF+- �;�•, natur it c,.artxrr aftowirtgthkmTo h0ut riv, habitAt. bArri, Zj Raqu i ,WM of grew in rn;.ic'!Ke ti+".Wev 7S ft of r -tan. n t cses.+7' trti4 , 76,000 gat of elevation,xz sea b+ioeivetsity, niars,h cap �yai Pr alis 'fat. tair9u,iShr. leve r.wN' wa^;d pronlow absorb 50% of wrtati”, ir7eo r o ;ay.• rtriss n� e ner r y. Figure 17. Benefits of Natural Shorelines An additional bond referendum was passed in 2022 and the Environmental Lands Program Guide is currently under revision as part of the process. The guide is a suite of policies and guidelines set forth in the acquisition of environmentally sensitive land and management activities. The guide incorporates numerous aspects of the IRC 2030 Comprehensive Plan coastal and conservation elements, which will continue to benefit the protection of essential habitat, species and the IRL. In addition to the acquisition, restoration and management of critical habitats, Conservation Lands plays an important role in the education and engagement of IRC citizens. The Conservation Lands community outreach and education events engage citizens through cleanups, restoration and maintenance of habitats. Engaging citizens promotes stewardship and citizen involvement, ultimately leading to lifestyle changes benefiting the environment and improving their quality of life. Islands The IRL has numerous natural and spoil islands, many of which are important rookery habitats. Located within IRC is the Pelican Island National Wildlife Refuge, which contains both natural and spoil islands in the IRL. Pelican Island National Wildlife Refuge is a mosaic over more than 5,400 acres. IRC owns or shares ownership of approximately 200 acres with the refuge working closely with the U.S. Fish and Wildlife Service to manage the areas. Conservation Lands also owns and manages Lost Tree Islands Conservation Area, Prange Island Conservation Area and Green Salt Marsh, which are natural islands in the IRL. There are additional natural islands in IRC. Some of the natural islands are owned by private entities, while others are owned by the Indian River Mosquito Control District or Indian River Land Trust, a habitat conservation - based nonprofit located in IRC. 29 July 2023 392 DRAFT Indian River County Lagoon Management Plan A unique characteristic of the IRL is the spoil islands, which were created from material dredged during the creation of the ICW channel. IRC has 55 spoil islands created between 1951 and 1961. Most of the spoil islands are located along the longitudinal axis of the IRL and are often less and one acre is size. Although the islands were created from the left -over spoil, they have become important habitats for native species. Most of the spoil islands are owned by the state of Florida and managed by the FDEP Aquatic Preserves. The islands are only accessible by boat. However, not all of the islands are available for recreational use. Some islands are designated as conservation areas to preserve the habitat and protect vulnerable species. Islands open for recreation use are available for boaters to enjoy for activities such as picnicking, camping, fishing and exploration. The FDEP Aquatic Preservers promotes a Leave No Trace program, encouraging users of the spoil islands to remove all waste created on the island. Spoil island are important ecological communities, including as shore bird nesting habitat. In addition, they are used by reptiles, invertebrates and small mammals. However, many have been colonized by invasive plants including Brazilian pepper and Australian pine trees. These invasive plants replace native species on the islands and create an overgrowth taking over essential ground space for nesting shorebirds. It leaves the islands vulnerable to erosion, because the roots of the Brazilian pepper and Australian pine do not efficiently trap sand. This is especially true on the side of the island facing the ICW. This loss of nesting habitat drives birds to nest on rooftops of business and homes. Based on this information, IRC should continue to work with the IRL Aquatic Preserves to protect spoil islands and monitor nesting bird populations using them. As part of the management strategies, IRC should work with the IRL Aquatic Preserves to remove invasive species and planting of native species. Conservation Lands Actions The following actions are recommended to help protect critical lands and habitats along the IRL: • Preserve natural shorelines. • Promote the use of living shorelines. • Work with FDEP to preserve natural and spoil islands and actively remove invasive vegetation. 30 July 2023 393 DRAFT Indian River County Lagoon Management Plan 5. Utilities A. Goals and Objectives The goals and objectives for the Utilities key factors include: a) Implement a plan to eliminate nonbeneficial surface water discharges by January 1, 2032, in accordance with Senate Bill 64. b) Pursue new wastewater advancement technologies as they become available. c) Prevent the application of biosolids on vulnerable land. d) Prioritize septic -to -sewer transitions based upon the ArcN LET model in accordance with the Clean Waterways Act. e) Follow new guidelines for septic -to -sewer conversion and advanced septic systems. f) Educate and promote BMPs for efficient water consumption. B. Key Factors Wastewater All water leaving residential and commercial properties through the drainpipes must be treated and disposed of through one of three advanced wastewater treatment facilities operated by IRC. The Clean Waterways Act, Senate Bill 53, Senate Bill 64 and House Bill 1379 have placed new requirements on local governments. Senate Bill 53 requires utilities departments to conduct a 20 -year infrastructure needs analysis for wastewater by July 31, 2022. Senate Bill 64 places restrictions on the discharge of treated wastewater, requiring the elimination of nonbeneficial surface water discharges by January 1, 2032. House Bill 1379 created the Indian River Lagoon Protection Program. Currently, treated wastewater from IRC's regional advanced wastewater treatment facilities discharges into the reclaimed water system, a treatment wetland or a rapid infiltration basin. Additional options include the increase of used of reclaimed water for irrigation, absorption fields and deep well injection. Deep well injection is used in Florida as a means of wastewater disposal, but recent studies examining deep well injection in South Florida are finding nutrients from these sites are migrating to the coastal habitat impacting nutrient loads. In May 2023, House Bill 1379 was signed into law with sweeping implications for wastewater in the IRL. By 2033 all wastewater facilities discharging to the IRL will be required to meet advanced wastewater treatment. All existing conventional septic systems in the IRL basin must connect to central sewer or upgrade to enhanced nutrient removal septic systems by July 1, 2030. New construction within the IRL basin will be required to connect to sewer or use enhanced nutrient reducing septic systems. This bill also expanded the Wastewater Grants program, to provide a source of funding to complete these projects. Biosolids Biosolids result from the treatment of domestic sewage sludge from wastewater treatment facilities. There are two major classifications of biosolids allowing for land application, Class B and A/AA. Regardless of the classification of the biosolids, both contain varying levels of nitrogen and phosphorus depending on the influent of wastewater and processing steps at the treatment facility. Class B are the least processed and require a FDEP permit for land application, while Class A/AA are considered fertilizer and are allowed to be applied without a permit or tracking of the quantity applied. The most recent statistics on biosolids produced and applied in Florida are from 2018. In 2018, 412,000 dry tons of biosolids were produced with 19.5% disposed at authorized landfills, 56% processed into Class A/AA fertilizer and 24% applied to agricultural lands as Class B. There are approximately 130 permitted land application sites for Class B. Permitted sites require nutrient management plans including, setbacks, groundwater depth provisions, signage, public access, grazing and harvesting restrictions. Management plans require record keeping and reporting to track the amount of biosolids applied. On June 21, 2021, revisions were made to Chapter 62-640, Florida Administrative Code. The revisions were developed to minimize the migration of nutrients with an emphasis on phosphorus and prevention the impairment to waterbodies. Two key provisions 31 July 2023 394 DRAFT Indian River County Lagoon Management Plan to Florida Statute 403.0855 became effective on July 1, 2022. The provisions require all biosolid land application sites to enroll in the FDACS BMPs program and prohibit application on lands with seasonal high-water table (within six inches of the soil or depth of the biosolid placement). Biosolid applications rates increased in the St. Johns River Basin in 2013, after restrictions were placed in South Florida by the National Everglades Protection Act. In 2017, 73% of the biosolids applied were spread across IRC, Osceola County and Brevard County. The application of biosolids introduced 740,000 pounds of nitrogen and 239,000 pounds of phosphorus to IRC. The following year, Blue Cypress Lake experienced a microcystic algal bloom. SJRWMD long-term monitoring sites within the lake showed an increasing trend in P levels. When evaluated against other factors it was determined the spike in phosphorus and the algal bloom were directly linked to the application of Class B biosolids. In response to the algal bloom, IRC passed an ordinance placing a moratorium on the application of Class B biosolids in the unincorporated County. The moratorium ceased all new and existing applications in the unincorporated County. While the application of biosolids took place within the St. Johns River Basin, the transport of runoff from biosolid application could transport nutrients through tributaries, canals and groundwater to the IRL. The local moratorium and state regulations focus on Class B biosolids and do not address Class A/AA, which are classified as fertilizer and are exempt from regulations. Class A/AA application rates are not tracked and do not require a permit for application making it difficult to monitor. Therefore, there is a gap in the knowledge and understanding of the impact Class A/AA application has on nutrient levels and waterbodies, particularly the IRL. Onsite Sewage Treatment and Disposal Systems OSTDS or septic systems area wastewater treatment utilized by homes not connected to a centralized sewer system. The Florida Department of Health has identified 30,467 OSTDS in IRC. OSTDSs consist of a septic tank and a drainfield (soil absorption field). A properly functioning OSTDS relies on the settlement of phosphorus within the septic tank and dispersion and dilution of nitrogen containing liquid effluent. While it is believed the bulk of phosphorus is trapped within the sludge, it is not 100% containment (Lowe 2007). There is increasing evidence of orthophosphate transport within drainfields located in sandy soils with high groundwater tables. In contrast, nitrogen effluent is discharged through the tank to the drainfield. The nitrogen concentration leaving the tank is significant and dependent upon the amount of wastewater moving through the system. An OSTDS generally removes 10% to 40% of the TN through dispersion, dilution and decay. FDEP estimates the IRL receives approximately 60% of its nutrient inputs from groundwater. Therefore, an OSTDS has the ability to negatively impact the IRL by increasing nutrient loads. The location and proximity of a drainfield to a conveyance or the IRL may not allow for adequate fixation of nitrogen and phosphorus in the drainfield before entering groundwater or surface water. Sea level rise, changing rain patterns and elevated water tables will reduce the denitrification capacity of the drainfield and increase the likelihood of their contribution of nutrients and pathogens to groundwater. In addition, it is estimated an OSTDS has a 10% failure rate, requiring homeowners perform regular maintenance to prevent wastewater from backing up into a household, pooling of water in the drainfield and odor. Many homeowners may not be aware of the routine required maintenance or issues with their OSTDS until it is too late. Under the Clean Waterways Act enacted by Senate Bill 712, OSTDS regulations and permitting transferred from the Florida Department of Health to FDEP in 2021, creating a temporary septic advisory committee to review policies and regulations. FDEP was directed to revise provisions relating to setback rules and the fast tracking of permits for advanced nutrient removal septic systems. The bill directed local governments to create septic remediations plans for certain BMAP regions. Senate Bill 1632 became effective on July 1, 2023 mandating septic to sewer conversions by January 1, 2032 in areas where centralized sewer is available and the installation of advanced nutrient removal OSTDS in areas where centralized sewer is not available. Beginning on January 1, 2024, no new OSTDS will be permitted in areas where centralized sewer is available. If centralized sewer is unavailable, advanced nutrient removal OSTDS will be permitted. Enhanced nutrient removal systems permitted will be required to reduce nitrogen and phosphorus by 50%. House Bill 1379, enacted in May 2023, strengthens these requirements within the IRL Protection Program. In 2017, IRC's Utilities Department conducted a county -wide studying of 325 communities with OSTDS. Communities were ranked based on their likelihood of negatively contributing to the IRL ecosystem using the following factors: population density, proximity to surface waters, floodplain, location of the groundwater table, soil, age of the surface water 32 J u ly 2023 395 DRAFT Indian River County Lagoon Management Plan management system and age of OSTDS. Many of these homes were built before 1983 when state rules and regulations regarding OSTDSs went into effect. The estimated life span of a residential OSTDS is 19 years and a commercial system is 10 years. The cost to convert these communities to centralized sewer would be extensive and depend upon the whether or not the centralized sewer infrastructure existed in close proximity to the community. However, the cost may be supplemented with grants from state and federal agencies. The new state regulations regarding septic -to -sewer conversions and upgrades will require extensive planning and funding sources to enact. It is also necessary to prioritize communities based upon the greatest impact to IRL water quality and BMAP requirements. To receive BMAP credits through the implementation of projects, an ArcNLET model mapping plumes of nitrogen from septic effluent for the IRC was prepared, and a draft is currently in review by the County. IRC Utilities Department has received preliminary data from an ArcN LET model, allowing the department to prioritize projects. While septic -to -sewer conversions in high priority areas are important to reduce nutrient loading to the IRL, it is necessary to point out the impact this may have on the County's advanced wastewater treatment facilities. Water Consumption There is growing concern regarding water supplies with increasing population growth throughout Florida. All water leaving the tap and returning through the drainpipe must be treated as wastewater, and that wastewater must be reused or discharged somewhere. As more people move to Florida, the demand for water will force agencies to seek alternative sources to meet the needs of the population. SJRWMD releases an annual report of water use within the district. In the 2021 report, the total freshwater use was 1% higher than the five-year average and 1% lower than 2020. From 2012 to 2021, public water use increased from 540.07 million gallons per day (mgd) to 569.47 mgd, an increase of 5%. This number is tied to a 22% increase in the population. While the amount of water used increased, the gallons per person per day decreased from 131 to 115. Changes in use can be attributed to economic factors, conservation strategies and increased use of reclaimed water. Figure 18 shows the change in IRC population overtime and the corresponding change in water consumption. 1au000 160000 140000 129000 190000 SOD00 60000 4WW 20000 9 IRC Population Growth Rate 1920 1440 IRC water Consumptlan ( 199.7.2021 01.111:1 g1 al.figtile 11.11ItiII 1960 1960 2000 206 ZM Figure 18. IRC Population Growth (left) Versus Water Consumption (right) District -wide, decreases in use were also observed in agriculture, landscape and recreation, because of a reduced demand based on increased rainfall in 2021. However, IRC had the largest consumption for agriculture with 49.40 mgd, which is 24% of the SJRWMD total for agricultural use (Figure 19). In addition, IRC had the greatest freshwater use for landscape and recreational irrigation with 11.11 mgd. IRCs total freshwater use was 80.94 mgd, 6.18 mgd of reuse water. While much of the district experienced increased rainfall during 2021 with a mean of 52.33 inches rainfall in IRC was down 6.47 inches, which increased consumptive use in the agricultural and irrigation categories. 33 July 2023 396 v ' i 1920 1440 IRC water Consumptlan ( 199.7.2021 01.111:1 g1 al.figtile 11.11ItiII 1960 1960 2000 206 ZM Figure 18. IRC Population Growth (left) Versus Water Consumption (right) District -wide, decreases in use were also observed in agriculture, landscape and recreation, because of a reduced demand based on increased rainfall in 2021. However, IRC had the largest consumption for agriculture with 49.40 mgd, which is 24% of the SJRWMD total for agricultural use (Figure 19). In addition, IRC had the greatest freshwater use for landscape and recreational irrigation with 11.11 mgd. IRCs total freshwater use was 80.94 mgd, 6.18 mgd of reuse water. While much of the district experienced increased rainfall during 2021 with a mean of 52.33 inches rainfall in IRC was down 6.47 inches, which increased consumptive use in the agricultural and irrigation categories. 33 July 2023 396 DRAFT Indian River County Lagoon Management Plan Figure 19. IRC Water Consumption by Source in 2021 IRC Utilities provides consumers with potable water acquired from the Floridan Aquifer. Water is treated through reverse osmosis plants in the South and Central portions of the County. The concentrate produced by the water treatment plant is then filtered through Osprey or Spoonbill Marsh. Osprey Marsh combines the concentrate from the water plant with water pulled from the south relief canal. The water is passed over an algal turf scrubber to remove nutrients before moving to the wetlands and ultimate the stormwater park where it passes through natural habitat before returning to the canal. Spoonbill marsh is located on a former mosquito impoundment area. The dikes and ditches remain, but the system is open allowing for direct contact with the IRL. The concentrate from the released into a pond area, which connects to inflow from the IRL. The water flows through the natural system allowing the grasses and mangroves to remove excess nutrients before flowing back to the IRL. These systems are unique ways to manage the concentrate from water treatment, while removing excess nutrients from stormwater and the IRL. Freshwater supply and use are important to the health of the IRL. Freshwater contributes to the hydrology of the system and potential loading of nutrients and contaminants. IRC has established several programs to promote water conservation, which aligns with the BMPs (Figure 20). In 2022, IRC adopted SJRWMD's water conservation regulations to ensure efficient use of water for landscape irrigation by homeowners and businesses (Chapter 319). The regulations do not apply to agricultural crops, nurseries, cemeteries, golf courses and athletic fields. The ordinance prohibits watering between the hours of 10 am and 4 pm, which improves absorption and reduces evaporation. Irrigation days are based on the season and address number (Table 2). The ordinance not only protects the water supply by preventing excessive watering, but it also prevents excess water runoff carrying nutrients and organic material to the IRL. Another strategy conserving water in IRC is the partnership between IRC and SJRWMD capping free flowing artesian wells. Free flowing artesian wells were once used by farmers for agricultural purposes, but Florida law requires well owners to control the discharge from artesian wells limiting the flow for its intended use. If a well cannot be controlled, it must be permanently plugged. Between 2017 to 2020, numerous wells have been plugged within IRC in the IRL basin, saving millions of gallons peryear. Water conservation begins with the property owner. The Utilities Department website provides valuable information promoting water conservation in IRC. Additional education and community outreach are valuable in changing consumptive use behaviors. 34 J u ly 2023 397 DRAFT Indian River County Lagoon Management Plan Figure 20. SJRWMD Recommendations for Water Savings Table 2. SJRWMD Irrigation Restrictions Utilities Actions The following actions are recommended to improve wastewater contributions to the IRL and manage water consumption: • Prioritize septic -to -sewer projects based on the Arc NLET report and cost benefit analysis for infrastructure. • Identify and implement alternative reuse. • Improve levels of treatment in water treatment plants. • Identify new disposal options. • Continue to promote water conservation actions by water users throughout IRC. 35 J u ly 2023 398 DRAFT Indian River County Lagoon Management Plan 6. Community Development A. Goals and Objectives The goals and objectives for the Community Development key factors include: a) Identify past and projected land use changes. b) Promote low impact development. c) Maintain current buffer zones preventing shoreline development, hardening and native vegetation. d) Develop education and outreach on the use of native vegetation as a buffer and flood prevention. B. Key Factors Land Use Changes As a widespread agricultural community, it is important to examine historical land use and potential nutrient loads remaining in the soil from previous applications. These loads are referred to as legacy loads. Legacy loads can be a source of nutrient loading to ground and surface waters. By gathering data in this area, it can be incorporated into management strategies and recommendations. In addition to understanding legacy loading and historical land use, it is necessary to identify areas of potential development and plan accordingly. The 2030 Comprehensive Plan designates the appropriate location for future land uses and establishes policies regulating growth and development, limiting the density and intensity of appropriate for land use. As the County continues to develop, making the necessary changes to meet the needs of a growing population, so does the IRL watershed leading to increased stormwater runoff. To develop land within IRC, permits must be obtained from various agencies. There are three types of stormwater management permits administered through the Public Works Engineering Division, Land Development Section. Type A permits encompass projects not located in flood hazard zones, but Types B and C permits involve projects in flood hazard zones, as well as areas west of US 1 located between County Road 512 and State Road 60. Types B and C require the submittal of hydraulic data and calculations to ensure they meet local ordinances for protection. Staff review the application and plans to ensure appropriate nutrient levels are being removed via retention and to ensure proper water volumes are being treated by the stormwater system. Hardened shorelines reduce habitat and increase stormwater runoff through the removal of native vegetation. IRC enforces a 50 -foot shoreline protection buffer for un -platted parcels and a 25 -foot buffer for existing platted lots measured from the mean high-water line. However, the buffer should not exceed more than 20% of the parcel or lot depth. The buffer zone allows for the construction of docks, boat ramps, pervious and elevated walkways. The buffer zone does not allow for additional development and native vegetation must remain unaltered protecting the shoreline from being altered. There are exceptions if it is in the best interest of the public, prevents erosion damage or provides reasonable access to the water. Hardened shorelines include seawalls, bulk heads, revetments and rip rap are the primary method of shoreline hardening. Studies have shown living shorelines outperform hardened shorelines in major storm events, in combating flooding and have a greater long-term survival compared to the life expectancy of a hardened structure. As part of the protection and restoration of the IRL, IRC staff is working with the University of Central Florida on a shoreline characterization study, prioritizing potential shoreline restoration sites to improve habitat and resiliency. Sustainability and Resiliency Resiliency is built into every ecological system. It is the ability of a system to absorb impacts, recover and adapt to changes (Marchese 2018). Persistent anthropogenic stressors to an ecological system can lead to a tipping point, a collapse in resiliency and the inability to recover without extensive intervention. To re -build resiliency, the stressors must be removed but recovery will be slow. To help the IRL survive in the future, measures must be taken to lessen the anthropogenic impacts. The Treasure Coast and East Central Florida Regional Planning Council's 2016 IRL Economic Valuation Update 36 July2O23 399 DRAFT Indian River County Lagoon Management Plan Report determined the economic contribution of the IRL to be $7.6 billion, with a return of $33 for every $1 invested in its recovery, an investment worth making into an economically important, diverse estuary. IRC has actively taken steps to improve IRL health and should continue when considering new projects, infrastructure development and restoration efforts. It is equally important to involve the community in the support, management and sustainability of the IRL. One way to involve the community is through the development of a sustainability action plan setting green initiative goals and implementation periods. In conjunction with the development of a sustainability action plan, community outreach and education regarding IRL initiatives and restoration will be necessary for long-term success. Community Development Actions The following actions are recommended to improve community development within the IRL watershed: • Protect and preserve natural shorelines. • Encourage the use of living shorelines for shoreline restoration. • Enforce land use restrictions. 37 J u ly 2023 400 DRAFT Indian River County Lagoon Management Plan 7. Projects Table 3 details active, under construction, designed, and conceptual projects to achieve the LMP goals and objectives. 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References FDEP. 2021. Indian River Lagoon Basin: Central Indian River Lagoon Basin Management Action Plan. Fletcher, S.W. and Fletcher, W.W. 1995. Factors Affecting Changes in Seagrass Distribution and Diversity Patterns in the Indian River Lagoon Complex Between 1940 and 1992. Bulletin of Marine Science 57:1, 49-58. Florida Sea Grant. N.d. Sewage Solutions. Accessed at: https://www.flseagrant.org/clean-boating/sewage-solutions/. Howarth, R.W. 2008. Coastal Nitrogen Pollution: A review of the sources and trends globally and regionally. Harmful algae 8:1, 14-20. IRLNEP. 2021. Indian River Lagoon: Climate Ready Estuary. Technical Report No. 003. Kim, Y.T. 2003. Water Balance and Flushing Time in the Restricted Indian River Lagoon (IRL), Florida USA. Ocean and Polar Research 25:1, 75-87. Lindsey, R. 2022. Climate Change: Global Sea Level. NOAA Climate.gov. Accessed at: https://www.climate.gov/news- features/understanding-climate/climate-change-global-sea-level. Lowe, K.S. et al. 2007. Influent Constituent Characteristics of the Modern Waste Stream from Single Sources: Literature Review. Water Environment Research Foundation. Technical Report. Malone, T.C. and Newton, A. 2020. The Globalization of Cultural Eutrophication in the Coastal Ocean: Causes and Consequences. Frontiers in Marine Science 7: 670. Marchese, D. et at. 2018. Resilience and Sustainability: Similarities and Differences in Environmental Management Applications. Science of the Total Environment 613-614, 1275-1283. Newman, A.P.L. 1953. Stories of Early Life Along Beautiful Indian River. NOAA. N.d. Fibropapillomatosis and Sea Turtles - Frequently Asked Questions. Accessed at: https://www.fisheries.noaa.gov/national/marine-life-distress/fibropapillomatosis-and-sea-turtles-frequently-asked- questions. NOAH. Lake Worth Pier Tides and Currents. Accessed at: Lake Worth Pier: https://tidesandcurrents.noaa.gov/sltrends/sItrends_station.shtmI?id=8722670. Piehler, M.F. and Smyth, A.R. 2011. Habitat -Specific Distinctions in Estuarine Denitrification Affect Both Ecosystem Function and Services. Ecosphere 2:1. Rabalais, N.N. 2009. Global Change and Eutrophication of Coastal Waters. ICES Journal of Marine Science. 66: 7, 1528-1537. Ray, N.E. et al. 2019. Nitrogen and Phosphorus Cycling in the Digestive System and Shell Biofilm of the Eastern Oyster Crassostra virginica. Marine Ecology Progress Series 621, 95-105. Robbins, L.L. and Lisle, J.T. 2018. Regional Acidification Trends in Florida Shellfish Estuaries: A 20+ year look at pH, oxygen, temperature and salinity. Estuaries and Coasts 41, 1268-1281. Schaefer, A.M. 2019. Temporal Changes in the Antibiotic Resistance Among Bacteria Isolated from the Common Bottlenose Dolphins (Tursiops truncates in the Indian River Lagoon, Florida 2003-2015. Aquatic Mammals 45: 5, 533-542 SJRWMD. 2022. 2021 Report of Annual Water Use for St. Johns River Water Management District. Technical Fact Sheet SJ2022-FS1. 45 J u ly 2023 408 DRAFT Indian River County Lagoon Management Plan Timm, M. R. 2017. Structural Comparisons of Natural versus Seawall Shoreline Mangrove Stands. University of Miami. Accessed at: https://scholarship.miami.edu/esploro/outputs/graduate/Structural-Comparisons-of-Natural-versus- Seawa ll/991031448064102976. Trefry, J.H. and Trocine, R.P. 2011. Metals in Sediments and Clams from the Indian River Lagoon, Florida: 2006-7 versus 1992. Florida Scientists 74, 43-62. USACE. June 28, 2013. Strategic Sustainability Performance Plan. 46 J u ly 2023 409 8/3/2023 Indian River County Lagoon Management Plan Draft Plan Public Works Department Coastal Engineering Division • QuarterlyU Board Updates Cbmpieted. • 17 Key Factors • Initial Draft Plan Completed X11 PI`bgP@S9 • One on One Commissioner Meetings • Public Outreach and Public Comment Period • Review Public Comments and Address as Necessary, • Present Revised Final Plan to the Board (text tiep • Implement Restoration and Management Strategies • Continue to Collect Data and Monitor Progress The draft plan is ready for public comment - $ernent Plan • Modifications to figures and tables are anticipated with final edits • Additional modifications may occur based on the meetings x with Commissioners and the public comments received during the outreach step _ Tetra Tech will facilitate the meetings with Commissioners and public outreach events to receive public comments on the provided draft plan • One on one meetings with Commissioners • July 2023 • Public outreach events and Web hosting • August 2023 • Meetings with special interest groups • August 2023 8/3/2023 409- 2 Public Comments received will be incorporated into Moorhen Marsh stormwater Park the finalized LMP 10 mgd from North Relief Canal • 8 Treatment basins Staff and consultants will continue to Reoxygenation transfer channel • Projected Removal Rate: develop the layout of the plan, which TN 4,941 lbs, TP 697 lbs will include: • Highlight key points and efforts IRC has completed to reduce impacts to the IRL • Additional graphics/text boxes • Additional appendices with project summaries Final LMP is anticipated to be presented to the Board on September 26, 2023 for consideration and adoption. 8/3/2023 JOg, 3 8/3/2023 qoq 1" 4 Thank you! Further questions or comments please send us an email at Coastal@ircgov.com 8/3/2023 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MA County Attorney's Matters - B.C.C. 7.11.23 Office of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Dylan Reingold, County Attorney DATE: July 3, 2023 SUBJECT: County Attorney Employment Contract On June 20, 2023, the Indian River County Board of County Commissioners voted to promote Deputy County Attorney Bill DeBraal to County Attorney at the end of my term of service as County Attorney. My last day in the office will be Friday, July 28, 2023 and my resignation will be effective August 9, 2023. Per the discussion at the Board meeting on June 20th, I have negotiated a County Attorney Employment Agreement with Mr. DeBraal, which generally matches his current contract as Deputy County Attorney, however, the salary has been increased. Recommendation The County Attorney recommends that the Board approve the proposed County Attorney Employment Agreement with Mr. Bill DeBraal. 410 COUNTY ATTORNEY EMPLOYMENT AGREEMENT This Agreement is made and entered into as of this day of July, 2023, by and between the Indian River County Board of County Commissioners of Indian River County, Florida, (hereafter "BOARD") and William K. DeBraal (hereafter "ATTORNEY"). SECTION 1. EMPLOYMENT BOARD hereby employs ATTORNEY as an employee of Indian River County, Florida ("County") as County Attorney for a period of one (1) year, beginning July 31, 2023. SECTION 2. COUNTY ATTORNEY'S DUTIES ATTORNEY shall devote full time and attention to the practice of law on behalf of County. ATTORNEY shall not engage in the compensated practice of law except as an employee of County, unless 1) authorized by the BOARD to do so. SECTION 3. ETHICS OF ATTORNEY ATTORNEY shall abide by and perform all assigned duties in accordance with the Rules Regulating The Florida Bar, as established and amended from time to time by the Supreme Court of Florida (including, without limitation, the Rules of Professional Conduct) and all other ethical standards set forth in applicable laws, regulations, county ordinances and rules of court. SECTION 4. ANNUAL COMPENSATION Beginning July _, 2023, for all services rendered by ATTORNEY, ATTORNEY shall be paid an annual salary of Two Hundred Two Thousand 00/100 Dollars ($202,000.00) ("Salary"), payable in twenty-six (26) bi-weekly installments of $7,769.23, as adjusted for required deductions. ATTORNEY's Salary shall be increased by any general or cost -of -living increases granted to other full-time, non -contract employees of the County. ATTORNEY shall be deemed to be an exempt employee for the purposes of the Fair Labor Standards Act. In addition to Salary, ATTORNEY shall be entitled to a car allowance in the standard amount for senior County employees receiving a car allowance. SECTION 5. INDIAN RIVER COUNTY ADMINISTRATIVE MANUAL Except as set forth herein, ATTORNEY shall be subject to and entitled to the same rights, responsibilities and benefits as other exempt County employees, as set forth in the Indian River County Administrative Manual, as applied from time to time ("Manual"); provided, however, that ATTORNEY shall not be subject to Policy AM -807.1 (Disciplinary Procedure) and Policy AM -807.2 (Offenses/ Disciplinary Pattern). In exchange for giving up the rights set forth in Policy AM -807.1 and Policy AM -807.2 ATTORNEY shall be entitled to severance rights as set forth in Section 10 below. C:Irranic U--gUr 5MITemp1027be2c5-7da9-4Wdti 78-70Jb3bd2U5e.dw 411 SECTION 6. ADDITIONAL BENEFITS In addition, County shall pay for ATTORNEY's continuing legal education, as necessary to maintain membership in The Florida Bar. The term "continuing legal education" includes program fees, travel, lodging, and per diem expenses. County shall pay ATTORNEY's Florida Bar dues, relevant Florida Bar section fees, Florida Association of County Attorneys dues, and Indian River County Bar Association dues. ATTORNEY shall be included in the Senior Management Class of the Florida Retirement System. SECTION 7. NATURE OF EMPLOYMENT ATTORNEY acquires no property rights in employment as described in Policy AM - 807.01, but has only the contractual rights set forth or incorporated by reference in this employment agreement. SECTION 8. TERM This employment agreement is for one (1) year from the commencement date written above. The agreement is not continuing in nature and must be renewed on an annual basis. Each year, ATTORNEY shall schedule the renewal of his/her employment agreement as an item for consideration by the BOARD at a meeting to be held no later than 30 days prior to expiration of the then -existing term of the agreement. SECTION 9. TERMINATION This Agreement may be terminated with or without cause by either party upon sixty (60) days written notice delivered to the other party. At ATTORNEY's option, County may pay sixty (60) days Salary in lieu of notice. SECTION 10. SEVERANCE In the event that the BOARD either (i) terminates this Agreement without cause, or (ii) fails without cause to renew this Agreement on terms equally favorable to ATTORNEY, County shall pay ATTORNEY a severance amount equal to one (1) month of Salary for each completed two (2) years of employment, capped at four (4) months of Salary, less required deductions ("Cap Amount"); provided, however, that if applicable law does not allow payment of said amount, then County shall pay ATTORNEY the maximum amount which is allowed by applicable law up to the Cap Amount. For the purposes of this Agreement, the term "cause" shall mean any of the following: (i) material breach of this contract, (ii) serious breach of a County policy or ordinance, (iii) violation of any state or federal law reflecting a serious lack of honesty, character or integrity, or (iv) any other serious misconduct adversely impacting the County or its operations or reputation. In the event that a determination of cause depends solely on the outcome of pending disciplinary, C: 1&aW tLe. 59_5M mWW7be1c5-7&9-l9fda 78-78Jb3bd2"5e.dx 2 412 criminal or other such proceedings, County may defer its decision on whether to pay severance until completion of such proceedings. Regardless of whether a termination or failure to renew is with or without cause, ATTORNEY shall be paid accrued annual vacation and sick leave in accordance with the Manual; provided, however, that to the extent that ATTORNEY was employed under a prior employment agreement which provided that ATTORNEY would be paid "in full" for such accrued leave, ATTORNEY shall be paid in full for such leave during the period of time that ATTORNEY worked under such prior employment agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed at Vero Beach, Florida, on the date set forth below. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Lo Joseph H. Earman, Chairman Date approved by BCC: July , 2023 COUNTY ATTORNEY Bill DeBraal Approved: John A. Titkanich, Jr., County Administrator ATTEST: Ryan L. Butler, Clerk of Court and Comptroller LIM Deputy Clerk C. I&mkwg4g&ftr51L51T y1027be1c5-7do9-I9fd- 78-70J63M2645e.&c 3 413 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 133 County Attorney's Matters - B.C.C. 7.11.23 Office of INDIAN RIVER COUNTY ATTORNEY ILA"I ► 0)117_,10I7ilu i TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Dylan Reingold, County Attorney DATE: June 23, 2023 SUBJECT: Deputy County Attorney On June 20, 2023, the Indian River County Board of County Commissioners ("Board") voted to promote Deputy County Attorney Bill DeBraal to County Attorney at the end of my term of service as County Attorney. My last day in the office will be Friday, July 28, 2023 and my resignation will be effective August 9, 2023. Per section 101.06 of the Indian River County Code, "[t]he county attorney shall hire the deputy county attorney, with the advice and consent of the board of county commissioners." I have conferred with Mr. DeBraal, and we would both like to have the Board consent to promoting Susan J. Prado to Deputy County Attorney when Mr. DeBraal, the current Deputy County Attorney, becomes the County Attorney. Ms. Prado has been with our office since July 29, 2019. She has done an excellent job for our office. And she is currently preparing to take the City, County and Local Government Law certification exam next year. Recommendation The County Attorney recommends that the Board consent to promoting Susan J. Prado to the Deputy County Attorney position upon Mr. DeBraal, the current Deputy County Attorney, becoming County Attorney. 414 July 11, 2023 ITEM 14.A. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 5, 2023 SUBJECT: Proposed Joint Municipality Meeting FROM: Joseph H. Earman Chairman Discussion Item: I would appreciate a discussion with my fellow commissioners about a joint meeting with our municipalities. The time and date of the meeting and issues of mutual concern for discussion are yet to be determined. 415 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: John Titkanich, County Administrator David Johnson, Director of Emergency Services David Rattray, Fire Chief PREPARED BY: David Kiernan, Assistant Fire Chief Jennifer Pridgeon, Staff Assistant III DATE: July 11, 2023 SUBJECT: Approval Firefighter Cancer Decontamination Grant It is respectfully requested that the information contained herein be given formal consideration by the District Board of Commissioners at the next scheduled meeting, on July 1 lth, 2023. DESCRIPTIONS AND CONDITIONS The Florida Firefighter Cancer Decontamination Equipment Grant Program (FFCDEGP) was established by Florida Statute 633.137 and F.A.0 69A-37.503 to help protect the health and safety of firefighters and provide financial assistance to help fire departments, procure equipment, supplies, and educational training designed to mitigate exposure to hazardous, cancer-causing chemicals. The application period will be open from July 3, 2023, and closes on July 24, 2023. This grant only requires a 25% County match. If awarded, funds will be utilized to purchase personal protective equipment (PPE) for operational personnel. The funds will purchase a second set of structural firefighting gloves ($122.88 each), particulate SCBA hood ($153.84 each), and helmet inserts ($48.57 each) for 325 personnel members. Currently each firefighter is issued one (1) set of structural firefighting gear which includes helmet, coat, pants, gloves, and SCBA hood. Purchasing a secondary set of structural firefighting gloves, SCBA particulate hood, and helmet insert will help to reduce firefighter exposure to possible carcinogenic contaminants. In total, these additional items cost $105,719.25. The grant would cover 75% of these costs, or $79,289.44, while the County would be responsible for the remaining 25%, or $26,429.81. FUNDING: Funding, in the amount of $26,429.81, for the County's share, along with the $79,289.44 from the Grant, for a total of $105,719.25 will be budgeted and available in the Emergency Services District/Fire Rescue/Personal Protective Equipment account, number 11412022-035241. Account Description Account Number Amount Emergency Services District/Fire Rescue/Personal Protective Equipment 11412022-035241 $105,719.25 416 DISTRICT RECOMMENDATION: Staff recommends that the Board authorize consent for application submission to The Florida Firefighter Cancer Decontamination Equipment Grant Program. Authorize consent for application submission with the Purchasing Manager, and funding approved by the Budget office. ATTACHMENTS: MES -Helmet Inners Quote Ten -8 -Structural Gloves Quote Bullard -Structural Hood Quote Notice of Funding Firefighter Cancer Decontamination Grant 417 Tis MUNICIPAL EMERGENCY SERVICES (877) 637-3473 Bill To Finance Department County Administration Building 1801 27th Street, Bldg A Vero Beach FL 32960 United States Quote Quote # QT1714122 Date 06/26/2023 Expires 07/11/2023 Sales Rep Mclester, Rickey Shipping Method FedEx Ground Customer Indian River County Emergency Services (FL) Customer # C205328 Ship To Indian River County EOC 4225 43rd Ave Vero Beach FL 32967 United States toll CARESKIT5-21 Washable mesh bag with two replacement cotton 1 ij4H;37 $48 87 R1022 Ratchet Covers, R721 Nomex Ear/Neck Protector, and R635 cotton Browpad for UST/FX/PX helmets _. 711 -- Subtotal $48.57 Shipping Cost $0.00 Tax Total $0.00 Total $48.57 This Quotation is subject to any applicable sales tax and shipping & handling charges that may apply. Tax and shipping charges are considered estimated and Will be recalculated at the time of shipment to ensure they take into account the most current information. All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice. II IIIIII(I'lll'lI) I I IIIIIIIIIII QT1714122 Valid Until. 07/06/2023 All rahirnc mint hp initiatpri within ';in riavc of raraint of nrnriirt anri will ha rharnari n radnrkinn faa ('nnfart vniir 419 Original — QUOTATION --------•------ Quote Number Document Dat 231012474 06/06/23 1/1 IN muvrer'TA' Ewlim TM 0AhW r.No. Federal Tare ID, Bushm Partner TEN-8 FIRE & SAFETY, LLC lttwt 85-80126666540-3 2904 59TH AVENUE DRIVE EAST PO Nmnber BRADENTON, FL 34203 Q USA --------•----- Phone: 800-228-8368 Sales Employee Fm'-all- inallFax:941-756-2598 Fax: 941-756-2598 Ribbens, Eric 7 eribbens0ten8finLW l Document Owner Email Ribbens, Eric I eribbensoten8fire.com INDIAN RIVER CO. B.O.C.C. INDIAN RIVER CO. B.O.C.C. 4225 43RD AVENUE 4440 4TH STREET VERO BEACH FL 32967 VERO BEACH FL FL 32968 USA Description Quantity- , 7877K KANGAROO SKIN GAUNTLET i flu► MANE 1AR0 iiZM jim STYLE MK-1 ULTRA FREIGHT TO BE DETERMINED Shipping: SLIiOoW: $ 122.88 Total Before Tax: $ 122.88 Total Tax Amount: $ 0.00 Total Amount: $ 122.88 Valid Until. 07/06/2023 All rahirnc mint hp initiatpri within ';in riavc of raraint of nrnriirt anri will ha rharnari n radnrkinn faa ('nnfart vniir 419 I W-1 ;001 LdFj ��\\�\�\\>\:< \ \«» �\\ W-1 ;001 LdFj ��\\�\�\\>\:< \ \«» Department of Financial Services Division of State Fire Marshal Notice of Funding Opportunity FY2023-24 Florida Firefighter Cancer Decontamination Equipment Grant Program A. Program Description Catalog of State Financial Assistance (CSFA) Project Number 43.013 CS FA Title Fire Decontamination Equipment Grant Project Notice of Funding Opportunity Title FY2023-24 Florida Firefighter Cancer Decontamination Equipment Grant Program Program Overview and Priorities Project Overview The Florida Firefighter Cancer Decontamination Equipment Grant Program (FFCDEGP) was established by Florida Statute 633.137 and F.A.0 69A-37.503 to help protect the health and safety of firefighters and provide financial assistance to help fire departments, including volunteer fire departments, procure equipment, supplies, and educational training designed to mitigate exposure to hazardous, cancer-causing chemicals. Project Priorities Grant funding is only available for PPE extractor units (110 volt) and other units not designed to operate not using 110 volt however additional costs such as wiring and installation will not be covered, second sets of hoods, gloves, and earflaps, vehicle exhaust capture systems, other equipment used to mitigate exposure to hazardous, cancer-causing chemicals, supplies used to mitigate exposure to cancer, causing chemicals, educational training designed to mitigate exposure to hazardous, cancer-causing chemicals. For specific information on program priorities and objectives for the FY2023-2024 FFCDEGP, refer to Florida Administrative Code 69A-37.503. B. Award Information Award Amount and Important Dates Total Available Funding for FY 22-23: $500,000 Period of Performance Start Date: July 1, 2023 Period of Performance End Date: June 30, 2024 C. Eligibility Information Eligible Applicants and Criteria 421 Department of Financial Services Division of State Fire Marshal Notice of Funding Opportunity FY2023-24 Florida Firefighter Cancer Decontamination Equipment Grant Program Eligible applicants are fire service providers organized and operating in the state of Florida that meets all the following requirements: 1. A fire service provider, 2. Recorded as a fire department in the Division's online electronic database, 3. Has a Florida fire department identification (FDID) number? 4. Submitted the Florida Fire Service Needs Assessment, Form DFS -K4-2191, 5. Is compliant with the Florida Firefighters Occupational Health and Safety Act or has a plan for correction. 6. Must submit fire incident data as required in FAC 69A-66.004. Ineligible organizations are those that meet any of the following: 1. Federal government entities or contracted by federal government, 2. Fire service providers on federal or state military bases, 3. Federal or state tribal nations, 4. Fire brigades or private fire departments that operate independent of a municipality or county, the state of Florida, the Division, or any political subdivision of the state of Florida, including authorities and special districts. Cost Share or Match A minimum of 25 percent nonstate matching funds is required by the eligible applicant for the Florida Firefighter Cancer Decontamination Equipment Grant Program. Applicant must submit proof of its nonstate matching funds. D. Application and Submission Information Key Dates and Times Opening Date for Submitting Applications: July 3. 2023, 8 am EDT Closing Date for Submitting Applications: July 24, 2023, 8 am EDT Application Submission In addition to meeting the eligibility requirements, applicants for the Florida Firefighter Cancer Decontamination Equipment Grant Program must complete the following items and submit: • Grant Application (DFS -K4-2300) DFS -K4-2300 Cancer Decontam grant app.docx DFS -K4-2300 Cancer Decontam grant app.pdf 422 Department of Financial Services Division of State Fire Marshal Notice of Funding Opportunity FY2023-24 Florida Firefighter Cancer Decontamination Equipment Grant Program Mail or e-mail application o Mailing Address Division of State Fire Marshal Bureau of Fire Standards and Training 11655 NW Gainesville Road Ocala, FL 34482 ATTN: Cancer Decon Grant o E -Mail address: Susan.Schell@mvfloridacfo.com o Application can be submitted through: https://dfs-k4-2300.guestionpro.com • Florida Fire Service Needs Assessment (DFS -K4-2191) CLICK FOR LINK TO ELECTRONIC SURVEY • Fire Department Safety Compliance fnspection from the Bureau of Fire Standards and Training, Safety Section (if one has not been completed in the past three years). Request by sending an email to: FireFighterSafetv@MvFloridaCFO.com E. Application Review Information The Bureau of Fire Standards and Training (BFST) will rank all complete and submitted applications based on how well they match the Priority Sequence for Award. Answers to the application's activity specific questions and Florida Fire Service Needs Assessment Survey provided information will be used to determine each application's ranking relative to the stated program priorities. Review and Selection Process Applications are scored competitively by (no less than three) peer reviewers. These peer reviewers will assess each application's merits with respect to the detail provided in the Narrative Statement on the activity, including the evaluation elements listed in the Narrative Evaluation Criteria below. The panel will independently score each project within the application, discuss the merits and/or shortcomings of the application, and document the findings. A consensus is not required. 3 423 Department of Financial Services Division of State Fire Marshal Notice of Funding Opportunity FY2023-24 Florida Firefighter Cancer Decontamination Equipment Grant Program Narrative Evaluation Criteria Financial Need Applicants should describe their financial need and how consistent it is with the intent of the Program. This statement should include details describing the applicant's financial distress, summarizing budget constraints, unsuccessful attempts to secure other funding, and proving the financial distress is out of their control. 2. Project Description and Budget This statement should clearly explain the applicant's project objectives and its relationship to the applicant's budget and risk analysis. The applicant should describe the various activities applied for with respect to any program priority or facility modifications, making sure they are consistent with project objectives, the applicant's mission and national, state, and/or local requirements. Applicants should link the proposed expenses to operations and safety, as well as the completion of the project goals. Turndown Notifications All applicants who do not receive an FY2023-24 Grant award will receive a notification letter by email from BFST within 60 days of grant application closing date. F. Award Administration Information Award Notification All applicants who are awarded a FY2023-24 Grant award will receive a notification award letter by email from BFST within 60 days of grant application closing date. The recipient will have 30 days from notification to email BFST whether to accept or decline the award. Award Agreement Information If the recipient decides to accept the grant award, they will be required to sign a grant agreement between Department of Financial Services and the recipient. The Contract provides the requirements for services and performance as outlined in the Scope of Work including deliverables, Specific Grant Award, Audit Requirements, and Public Records Requirements 424 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: June 27, 2023 To: The Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Approval of FY 2024 CPI Adjustment Requests by Waste Management, Atlas Organics, Republic Services, and Indian River Sustainability Center Descriptions and Conditions: The Indian River County (IRC) Solid Waste Disposal District (SWDD) Board has the following agreements with contractual partners that include an annual adjustment clause: Waste Management Inc. of Florida (WM) - On April 21, 2015, the SWDD Board entered into a Franchise Agreement for the Solid Waste and Recyclables Collection with WM. WM started providing services on October 1, 2015. Article 16 of the Franchise Agreement provides for the compensation provision of the services specified in the referenced Exhibit 1, along with a Consumer Price Index (CPI) rate adjustment process specified in the referenced Exhibit 4 of said agreement. Per Amendment No. 1 to the Franchise Agreement, dated October 4, 2016, the maximum rate adjustment was limited to 3%. Furthermore, on January 9, 2018, SWDD entered into a Recycling Services at Government Buildings and Facilities Agreement with WM. Article 4 of this agreement provides for the compensation provision of the services specified in the referenced Exhibit A, along with a CPI rate adjustment process specified in the referenced Exhibit B of said agreement. On April 7, 2020, a First Amendment to this Agreement was approved by the SWDD Board to extend the due date for the annual rate adjustment from April 30th to June 1st. Article 4 of the Agreement provides for the compensation provision of the services specified in the referenced Exhibit A, along with a rate adjustment process specified in the referenced Exhibit B of said agreement with the maximum rate adjustment limited to 3%. Atlas Organics Indian River, LLC (Atlas) - On November 19, 2019, the SWDD Board authorized the Yard Waste Processing and Disposal Services Agreement with Atlas for a period of 10 years. This agreement commenced on January 1, 2020, and approved the rates for processing of yard waste and the recycling of the yard waste. Article 4 of this agreement provides a CPI rate adjustment process specified in the referenced Exhibit A of said agreement with the maximum rate adjustment limited to 3%. Republic Services of Florida, LP (Republic) - On November 16, 2010, the SWDD Board authorized the Solid Waste Operations and Maintenance (O&M) Agreement with Republic. This agreement is forthe operation and maintenance of the County's Class 1 landfill, as well as non -Class 1 landfill services. The contract began SWDD Agenda - Approval of FY2024 CPI Adjustment Request by WM Atlas RSI and IRSC 4�5e 1 of 4 SWDD Item January 1, 2011, with an initial term of seven (7) years with an option for one (1) renewal term of seven (7) years. On February 21, 2017, the SWDD Board approved the Ninth Amendment and extension to the contract agreement with Republic, extending the agreement for another seven (7) years beginning on January 1, 2018, and expiring on December 31, 2024. Section 4 of this renewal agreement includes an annual escalation provision allowing 100% change in the CPI with the maximum rate adjustment set to 3.0%. Indian River Sustainability Center, LLC (IRSC) - On July 13, 2021, the SWDD Board approved the Wastewater Treatment Agreement between SWDD and the IRSC. This agreement is for the design, construction, and operation of a 30,000 gallon per day (GPD) Wastewater Treatment Plant (i.e., Evaporator). On December 14, 2021, the SWDD Board approved Amendment No. 1 due to project changes that resulted in a credit of not - to -exceed $240,000 from IRSC to SWDD to be applied after the Wastewater Treatment Plant is commissioned. On April 18, 2023, the SWDD Board approved Amendment No. 2 that captured some changes requested by SWDD that adjusts the credit to $207,591.85 and allowed a mechanism for capturing costs for some temporary fixes that SWDD has deployed. Section 4.4 of this agreement provides a CPI rate adjustment process specified in the referenced Exhibit F of said agreement with the maximum rate adjustment limited to 3%. The purpose of this agenda is to obtain SWDD Board input and approval on the CPI adjustments and costs requested by these vendors. Analysis: Staff has received the request from our vendors as shown in the table below and is requesting SWDD Board input and approval. Staff recognizes the economic impacts that are faced by our contractual partners; however, the individual increases that have been requested exceed the contractual maximum of 3% allowed in their agreements. Further, granting the requested amounts would result in increases to our residents that are not fully budgeted. Therefore, staff is recommending that the calculated CPI of 3.84% be granted to WM and Atlas with a 4% allowance for Republic Services and IRSC. SWDD Agenda - Approval of FY2024 CPI Adjustment Request by WM Atlas RSI and IRSC 4 S 2 of 4 Contract Allowance Vendor Request CPI Maximum Change CPI % Staff Vendor CPI / Date from per CPI � proposal � Collar per Received Prior Contract Contract Year WM - Residential Recycling Collections 5.12% 3.84% (a) 3.00% 5.12% 5/24/2023 3.84% WM - Govt Recycling Collections 5.12% 3.84% (a) 3.00% 5.12% 5/22/2023 3.84% Atlas 5.12% 3.84% (a) 3.00% 3.84% 5/25/2023 3.84% Republic Services 6.92`Yo 6.92% (b) 3.00% 6.92% 6/15/2023 4.00% IRSC 6.92% 5.19% I`I 3.00% 5.19% 6/23/2023 4.00% (a) CPI South for Urban Wage Earners and Clerical Workers; April to April at 75% change in CPI. (b) CPI South Urban Consumers, All Items, January to January at 100% change in CPI. (c) CPI South Urban Consumers, All Items, January to January at 75% change in CPI. Staff recognizes the economic impacts that are faced by our contractual partners; however, the individual increases that have been requested exceed the contractual maximum of 3% allowed in their agreements. Further, granting the requested amounts would result in increases to our residents that are not fully budgeted. Therefore, staff is recommending that the calculated CPI of 3.84% be granted to WM and Atlas with a 4% allowance for Republic Services and IRSC. SWDD Agenda - Approval of FY2024 CPI Adjustment Request by WM Atlas RSI and IRSC 4 S 2 of 4 SWDD Item In addition to the above CPI request, IRSC also requested a lump sum payment of $165,132 to cover additional costs they incurred as a result of delays in obtaining a site plan permit of 66 days by SWDD. Staff acknowledges the cost reimbursement associated with this delay is allowed in accordance with Section 3.3 of the aforementioned agreement. Factoring this against the current credit of $207,591.85, would reduce their net payment to SWDD to $42,459.85. Funding: WM RESIDENTIAL RECYCLING AND GOVERNMENT RECYCLING: The majority of the services provided in the Franchise Agreement are directly paid by residential subscription customers or by commercial customers. The exception is the payment for the residential recycling services, which is paid to WM by SWDD. Similarly, WM provides the recycling services for government buildings and facilities, which is also paid to WM by SWDD. Funding for both of these recycling services, in the amount of $3,200,000, is budgeted in the SWDD recycling account for FY 2023/2024 under SWDD/CC & Recycling/Other Contractual Services, Account No. 41125534-033490, which is funded from SWDD assessments and user fees. ATLAS ORGANICS—YARD WASTE RECYCLING: Funding for yard waste processing for FY2023/2024 will be budgeted and available in the SWDD/CC & Recycling/Other Professional Services account, number 41125534-033190 in the amount of $2,300,000, which is funded from SWDD assessments and user fees. REPUBLIC SERVICES—CLASS 1 LANDFILL SERVICES AND NON -CLASS 1 LANDFILL SERVICES: Funding for the SWDD Class 1 Landfill services for FY2023/2024 will be budgeted and available in the SWDD / Landfill / Contractual Services account, number 41121734-033489 in the amount of $3,700,000, which is funded from SWDD assessments and user fees. Funding for the SWDD non -Class 1 Landfill services for FY2023/2024 will be budgeted and available in the SWDD / CC & Recycling / Contractual Services account, number 41125534-033489 in the amount of $3,700,000, which is funded from SWDD assessments and user fees. INDIAN RIVER SUSTAINABILITY CENTER: Funding for the SWDD leachate treatment project is budgeted and available in the SWDD / Landfill / Leachate Evaporator Expenses account, number 41121734-033493, in the SWDD Landfill Fund, which is funded from SWDD assessments and user fees. VENDOR DESCRIPTION ACCOUNT AMOUNT WM - Residential SWDD/CC & Recycling/Other Contractual Recycling Collections Services 41125534-033490 $3,000,000 WM - Govt Recycling SWDD/CC & Recycling/Other Contractual Collections Services 41125534-033490 $ 200,000 SWDD/CC & Recycling/Other Professional Atlas 41125534-033190 $2,300,000 Services Republic Services SWDD / Landfill / Contractual Services 41121734-033489 $3,700,000 Republic Services SWDD / CC & Recycling / Contractual Services 41125534-033489 $3,700,000 IRSC SWDD / Landfill / Leachate Evaporator Expenses 41121734-033493 $2,300,000 SWDD Agenda - Approval of FY2024 CPI Adjustment Request by WM Atlas RSI and IRSC 427e 3 of 4 SWDD Item Recommendation: Solid Waste Disposal District staff recommends that the Board approve the calculated CPI of 3.84% be granted to Waste Management, Inc. of Florida and Atlas Organics Indian River, LLC with a 4% allowance for Republic Services of Florida, LP and Indian River Sustainability Center, LLC, and authorize the County Administrator or his designee to send a letter of approval. Staff also recommends approval of a reduction of credit by $165,132 to the Indian River Sustainability Center, LLC. Attachment: 1. Rate Adjustment Letters from Waste Management 2. Rate Adjustment Letter from Atlas 3. Rate Adjustment Letter from Republic Services 4. Rate Adjustment Letter from IRSC SWDD Agenda - Approval of FY2024 CPI Adjustment Request by WM Atlas RSI and IRSC 4 N 4 of 4 Deborah A. Perez Government Affairs Manager BASTE MANAGEMENT INC. OF , Vero Beach, FLOW 772-413.9997 dperezQjpf% Mn Jahn Titkanich County Administrator Indian River County 001.276 St,. Vem Beach? Ft 32960 Via Email Re: 2023 Annual CPI Notice Dear Mr. Tltkanich: WM appreciates the pp app.~ity to w olid waste clClllection services tal(h*T ntsof Indian RiverrtAounty. In accordance with article 1,12.3 Amended,- Waste ManagInc: of Aot*- s ti* this notice for the annual ratio adlul,Ment to reflect doges in the cast of +ung fuse. 'ate Ardde does cap the CPI request at 3.0% or as approved by SWDD. Last year, WM did request an extraordinary inflationary cost recovery request of 17.E to the residential rates only, with supporting documentation of the impatp�vur industry'. Unfortunately, we were notable to come to an agreemiman the.htia+# increase and received the $4% CM hwease that,a an l w predicted by many economists; -the lnflationary-ftWAK aha tOM*d Utilizing rrrtnonin+ Industry Pace l reaae lnr :igl` 044=K of the full a<iwanard amt, S.12%, would make it IV %. Mile there is a Njt. elllt$^ we respect ly request... d+aration of the full 5.12% CPI, effective tuber 03,20,21:96&* [ftformation is included for yout rbow if approved at the full CPI of S.129li,the to to the rate Would represent4rt,addiit al 23 per home in addition to the contractual CPI top of 3%, beginning Octobertol 2023. As a little aa+ckgrourrd, we entered into this agreement In ZW, and no ore rid h the en the la attrdinary inflationary irrtpacts that we ar+sdea gr , ta+iAIb. fig, tltiik thiscontract re", sted an additional rate adjustment in-2Wv*ld+l Oldire ifs Thawinflatimary Impra s have not sul4sided, wWwwve: ` ft s unwtawns% our request for the full Ciel adjustrnent for 00 024. 429 Deborah A Perez Government Affairs Manager WASTE MANAGEMENT INC. OF FLORIDA 4310 771" St. Vero Beach, F%.± 772-413-9997 dperez@wm com WM isascommitted as ever to provicdil boot4tfedmto OW customers and the tmuniti we call home. We appreciate your partnte sh'ip a$ a—ddrimtheseunusuAl market conditions. Please feel free to contact,,,trrta at � ) 4i3 you have any questiom Thank you. 430 RESIDENTIAL COLLECTION SERVICE Monthly RESIDENTIAL COLLECTION SERVICE Collection (applicable only if, D ., itlates universal collection) Collection SU Universal in USA: lx/week in Franchisee - cart service at No Charge; After that, any additional solid waste cart sire Fee/Unit provided Roll Calft TC tal Il ix/week in Franchisee - provided Roll Carts; Solid Waste: Bulk Trash on call 7.93 Yard Trash: lx/week 3.37 Aw MR Total Subscription Service $ 11.30 RESIDENTIAL COLLECTION SERVICE Monthly UNIVERSAL SERVICE IN URBAN SERVICE AREA Collection (applicable only if, D ., itlates universal collection) Fee/Unit Following the 1st 90 days of service, upon request, customer can exchange Universal in USA: lx/week in Franchisee - cart service at No Charge; After that, any additional solid waste cart sire Solid Waste: provided Roll Calft TC tal Il $ 5.66 Yard Trash: Universal in USA: xiek $ 3.37 Total Subscription Service $ 9.03 RESIDENTIAL COLLECTION SERVICE One -Time (ancillary services) Charge Exchange Solid Waste Cart Size: Following the 1st 90 days of service, upon request, customer can exchange cart service at No Charge; After that, any additional solid waste cart sire exchange will incur a charge $ 30.00 Additional Solid Waste Cart: If Resident generates large quantities of SW, they may request ONE Additonal Cart; This is a One -Time Charge; There is NO Additonal Charge to Service the Extra Cart $ 60.00 Additional Recycle Cart: !f Resident generates large quantities of REC, they may requem oft A*1111" Cart; There is NO CHARGE to deliver OR service a REC Cart - Reinstate Service Charge: Should a Rotl Cart be removed from a Residential Customer due to Non Payment, WM may change to Re -Deliver Cart 5/17/2023 11:00 AM Indian Riverco ntycel 040wimtiolin Page 1 431 INDIAN RIVER COUNTY W118ft'1- COLLECTION SERVICE RATES 10/01/2023 COMMERCIAL COLLECTION SERVICE Monthly RESIDENTIAL RECYCLABLE$ COLLECTION SERVICE Collection Commercial Dumpster Service - includes container and maintenat Fee/Unit a` Residential Units: Fee/Cq d Commercial CartServie - In Franchisee - providoft#CBrr+t provided Roll owls 2.►` Multi -family Units, Single Stream; IWWeek In � ;n Commercial Compactor - includes container and maintenance Yard 16.58 Container and Maintenance Fee/Month i ./full Open Top KoIKff 1'S cubic yards $ 116.84: $ . ... 181.11 ©pen Top Rol -0 cubic yards $ 116.$4 ...... 198.62 Open Top RoWiMir 3O cubic yards $ 116.84 Open Top Roll -Off- -40 cubic yards $ 116.84 ,? : Compactor - 20 cubic yards Compactor - 30 cubicyards, $ 116.84 $ Ir Compactor- 40 cubic yards $ 116.84 Monthly RESIDENTIAL RECYCLABLE$ COLLECTION SERVICE Collection Fee/Unit a` Residential Units: Single Streami 34voec.in Franchisee - provided Roll owls 2.►` Multi -family Units, Single Stream; IWWeek In � ;n provided Rdi.Carts/Dumpsters V 2 N G, Uf N M000pp0000 tp Ci v N tti coCi h 0 m N tO NN N N N) M V to N N N N N N N N N N A. r O N O � r N to O M N O) a0 M N IV co t0 h N h 4 N N to :� .. 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'o 0. d S V V tr 0) M V 0) .my 2 w Of t0 r� aD V N t0 c0 M M ICR u tO M to 1n t•- M f� co to _N NN co N N N N NN N N N c7 N M V to 40 M u d �NTAlNER{S) - "TkS'i: U1�11"I' b9 _t :.►: Page 1 435 DocuSign Envelope ID: 9B5AEEl l-C40E-4BAC-9BF2-076CC7605864 GGENERATE UPCYCLE May 25, 2023 Mr. Himanshu Mehta Indian River County Solid Waste Disposal District 1325 741b Ave. Vero Beach, FL 32968 RE: Yard Waste Processing and Recycling Services Agreement, dated November 19, 2019, between Atlas Organics Indian River, LLC and Indian River County Solid Waste Disposal District Dear Mr. Mehta: Reference is made to the Yard Waste Processing and Recycling Services Agreement, dated November 19, 2019 (the "Agreement"), between Atlas Organics Indian River, LLC ("Atlas") and Indian River County Solid Waste Disposal District (the "County"). Capitalized terms used in this letter but not defined have the meanings set forth in the Agreement. Pursuant to Section 4.03 of the Agreement, Atlas hereby requests an annual rate adjustment from $12.18/ton for processing of Yard Waste received at the Yard Waste Facility to $12.65/ton, and from $13.20/ton for transport and recycling of Yard Waste to $13.71/ton. Additionally, the amount rebated to the County for each ton of Overs taken for alternative daily cover would increase from $13.20 to $13.71. The methodology of how Atlas arrived at these values is below: As provided by Exhibit A of the Agreement, Atlas' rate adjustment calculations use the Consumer Price Index (CPI) for the South Urban Region, All -Items — All Urban Wage Earners and Clerical Workers, published by the U.S. Department of Labor, Department of Labor Statistics (Series ID = CRUR0300SA0). Using the CPI values for April 2023 and April 2022, Atlas calculated a 5.1% year -over -year increase in CPI, then multiplied such increase by 75% to arrive at a 3.8% adjustment. Due to the inflationary environment of the previous two years, and other macro- economic factors, Atlas respectfully requests that such 3.8% adjustment be applied to the current Yard Waste Processing rate, Transportation and Recycling rate, and rebate rate, in each case effective as of October 1, 2023. For reference, please see below a table showing Atlas' calculations: DocuSign Envelope ID: 9B5AEEl l-C40E-4BAC-9BF2-076CC7605864 Please let me know if you have any questions concerning the methodology for Atlas' calculation of the requested rate adjustment. Atlas looks forward to our continued partnership with the County. ATLAS ORGANICS INDIAN RIVER, LLC D'OCUSigned by: By. aIU . � (,at,S,, Name:Caesar Title: Authorized Signatory REPUBUO SERVICES June 15, 2023 Indian River County Solid Waste Authority District Attn: Himanshu Mehta P.E. Managing Director 180127 1h Street Vero Beach, FL 32960 3905 Oslo Road, Vero Beach, FL 32960 561-719-8638 www.republicservices.com Re: 2024 Rate Adjustment/ Landfill and Convenience Center Operations. Dear Mr. Mehta, It is that time of year when we notify our counties of the annual Consumer Price Index rate adjustment. This early notification allows you to plan your budget for the next fiscal year. We appreciate the opportunity to provide Solid Waste Operations and Maintenance for the Landfill and Convenience Centers and look forward to our continued partnership with your community. Each year our agreement allows us a rate adjustment to reflect the change in the cost of doing business, as measured by fluctuations in the Consumer Price Index (CPI), South Urban Consumers, All Items, published by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment shall be computed as follows: For each subsequent year of the contract, the net percentage shall be 100 percent of the difference between the CPI as of the immediately preceding January and the second preceding January divided by the CPI as of the second preceding January. Such annual increase or decrease shall be capped at three percent(3%). Since the country has experienced extreme economic inflation, we are requesting the full CPI Index for 2023/2024. Please let us know if we can submit a 6.92% increase on the current rates. As you know, rising costs of staffing, heavy equipment maintenance, fuel, and overhead costs have outpaced the contractual maximum of 3% allowable increase per annum. We've absorbed those additional costs up to this point. We ask for consideration to recover some of these with full CPI so that we can continue to provide great service to the County. This year's rate adjustment is 6.92%. Therefore, as of January 1, 2024, the newly adjusted rates will be $15.63 per ton for the Landfill and $303,623.86 per month for the Non -Class 1 Services. I have enclosed the necessary documentation for your review. Please feel free to contact me should you have questions. Regards, Joavuvue Stclv�teu Joanne Stanley Manager, Municipal Sales Republic Services Cc: Jason Brown- County Administrator Brian Lewis- Operations Manager Bryan Risley- Finance Manager Trey Richardson- General Manager FRED Graph Observations Federal Reserve Economic Data Link: https://f red. stlouisfed.org Help: https://fredhelp.stlouisfed.org Economic Research Division Federal Reserve Bank of St. Louis CUUR0300SA0 Frequency: Monthly observation -date 2020-01-01 2020-02-01 2020-03-01 2020-04-01 2020-05-01 2020-06-01 2020-07-01 2020-08-01 2020-09-01 2020-10-01 2020-11-01 2020-12-01 2021-01-01 2021-02-01 2021-03-01 2021-04-01 2021-05-01 2021-06-01 2021-07-01 2021-08-01 2021-09-01 2021-10-01 2021-11-01 2021-12-01 2022-01-01 2022-02-01 2022-03-01 2022-04-01 2022-05-01 2022-06-01 2022-07-01 2022-08-01 2022-09-01 2022-10-01 2022-11-01 2022-12-01 2023-01-01 2023-02-01 2023-03-01 2023-04-01 Consumer Price Index for All Urban Consumers: All Items in South, Index 198 CUUR0300SA0 248.005 248.412 248.136 246.254 245.696 247.223 248.619 249.639 250.193 250.542 250.255 250.693 252.067 253.386 255.319 257.207 259.343 261.668 263.013 263.728 264.593 267.160 268.360 269.263 271.634 274.688 278.598 279.879 283.307 287.427 287.608 287.168 287.656 288.836 288.991 288.205 292.285 293.358 295.315 6.92% 441 I N D II A NR I V E R �N 43 Broad Street, Unit B403 Sustainability Center Hudson, MA 01749 June 23, 2023 TO: Sean Lieske, Director, Indian River County Utility Services Himanshu Mehta, PE., SWDD Managing Director, Indian River County FROM: Ram Natarajan, PE., Indian River Sustainability Center (IRSC) CC: Earl Jones & David Allworth, Heartland Water Technology, Inc. Alain Castro & Craig Gontkovic, Proximo Energy SUBJECT: IRSC Leachate Evaporation Project — Request to Resolve Adverse Impact on IRSC of Project Permit Delays & Rate Adjustment Due to Extraordinary Inflationary Pressures Coming off the successful ribbon -cutting event on April 11, 2023, Indian River Sustainability Center, LLC ("IRSC') appreciates the opportunity to provide Leachate Management Services at the Indian River County's (the "District") Landfill and we are excited to continue a mutually beneficial collaboration to ensure that we provide world class service to the County and its residents as contemplated in the Wastewater Treatment Services Agreement between IRSC and the District dated July 13, 2021 as amended (the "Contract"). Background IRSC has been committed to working in partnership with the District since the inception of this project and has been open and flexible in meeting the District's needs and challenges along the way. As you know, for reasons outside of IRSC's control, it took significantly longer than anticipated to secure all the required permits for the Project. See Attachment 1 to this Memo for the list of permits required to be secured by the District under the Contract. As a consequence of this delay, IRSC has been burdened by significantly higher financial costs than were contemplated at the time the parties agreed to the Contract. These include, without limitation, increases in the cost of equipment, shipping and operating costs due to inflation, and a sharp rise in interest rates that occurred during that period of delay. In light of these circumstances, IRSC is requesting that the District agree to two remedies to address this additional unanticipated financial burden faced by IRSC. The remedies include: • A one-time payment to IRSC under Section 3.3(a) of the Contract; and • Increase of Service Fee for a CPI adjustment to commence effective October 2023. Remedy under Section 3.3 of the Contact The terms of the Contract provide a specific remedy for addressing a portion of the adverse impact on IRSC as a result of this delay, namely additional expenses incurred in deliveringthe Project. 442 INDIAN RIVER `1Q9 sustainability Centnr Section 3.3 of the Contract contemplates a specific remedy for this situation: "If the District has failed to secure the required Permits within twelve (12) months of the Effective Date, the District will be required to start paying the Company the Services Fee on an ongoing basis, unless such failure is caused by the Company's failure to provide the District with requested technical assistance as contemplated in Sections 3.2(a) and 3.3(a)." The Effective Date of the Contract was July 13, 2021; the twelve-month anniversary of that date was July 13, 2022 (the "Anniversary Date"). Please note: based on a literal reading of the Contract language cited above, the District would owe IRSC $694,915 representing Services Fees starting on the Anniversary Date through the date on which the Evaporation Plant actually commenced commercial operations (April 25, 2023). However, under the circumstances, IRSC is willing to interpret the Contract in a way that is more favorable to the District. We propose that the District owe Services Fees only for the period starting on the Anniversary Date and ending on the date on which the District received final approval of the Site Plan (September 16, 2022). Please note: this concession by IRSC is conditioned upon the District agreeing to the CPI Adjustment terms described below. The table below describes the financial implications of this analysis and the following contractual resolution: Effective Date of Contract 07/13/2021 Date Permits Required (Anniversary Date) 7/13/2022 Required Site Plan Received 09/16/2022 Total Days Billable per Contract for Site Plan Delay 66 Minimum Gallons Per Day (Per Contract) 18,000 Fee Per Gallon (Per Contract) $0.1390 / gallon Minimum Fee Day (Calculated) $2502.00 Net Amount Billable by IRSC due to the 66 Day Delay $165,132.00 Assuming you agree to the proposals in this Memo, a lump sum of $165,132 will become due and payable by the District to IRSC once the District secures its required approval from its Board. Remedy Under the CPI Adjustment Mechanism in the Contract. As we all know, the prolonged period of securing the site plan and related permits coincided with drastic changes in the financial markets, leading to unprecedented inflation. This in turn has led to a substantial increase in ongoing operating costs for the Evaporation Plant. These increased costs pose a considerable challenge for IRSC in meeting its obligations to its lender. 443 j3 IRSC has calculated that the Annual Inflation Impact on its recurring operating costs, based on the change in CPI from January 2022 through January 2023, amounts to $34,444 (6.92%). It is important to acknowledge that this additional annual cost will have a direct and ongoing impact on the project for the next 20 years, resulting in a cumulative cash impact on IRSC. The Contract currently provides that the CPI/inflationary adjustment should be based on seventy-five percent (75%) of the change in the CPI between the prior year's January (CP11) and the current year's January (CP12). This calculation equates to 5.19% which we recognize exceeds the contractual maximum adjustment of 3%. IRSC would like to request that the District approve a CPI adjustment of 5.19% effective October 1, 2023. The table below summarizes the Service Fee tier increase we would like the District to approve to address the above cost impacts in addition to the project permit delay costs: Leachate Treatment Service Fee Tiers Original Contract Adjusted for Impact of Inflation at 5.19% Tier 1- Up to 18,000 gpd $0.1390 $0.1462 Tier 2 - 18,001-24,000 gpd $0.1321 $0.1390 Tier 3 - 24,001+ gpd $0.1250 $0.1315 Reserving on Issue Relating to Leachate Chemistry As you know, IRSC is also currently working diligently to resolve an additional contractual issue that has arisen since the start of commissioning related to the fact that the water chemistry of the leachate to be processed by the Evaporation Plant falls outside of the operating parameters agreed to in the Contract. Unless we can find a more cost-effective solution, this issue will end up causing a significant increase in IRSC's ongoing operating expenses during the Contract term well over what we originally calculated based on the original water chemistry. FYI, to date, IRSC has already incurred out-of-pocket costs for chemicals roughly equal to the amount we have currently budgeted as annual spend for such chemicals. While we still have some work to figure out the optimal solution, our goal will be to take an approach going forward that will work for both IRSC and the District. As a result, we are not prepared at this time to present the District with a plan for addressing this situation but expect to be in a position to speak with you about it within the next 60-90 days. 444 INDIAN RIVER Sustainability COW - 14 Conclusion Over the past two years, we have truly enjoyed our positive working relationship with the District's staff, and the IRSC has worked tirelessly to construct, install, commission, optimize and operate the leachate evaporation plant at the District's landfill. In light of our successful collaboration, we respectfully request that the District process this requested payment at its earliest convenience as well as approve our additional requested remedies outlined above. Please reach out to discuss any questions or concerns you may have regarding this request. 445 INDIAN RIVER t9 sustainability center ATTACHMENT 1— LIST OF PERMITS TO BE SECURED BY DISTRICT 15 REQUIRED PERMITS NOTES Site Plan/ Zoning or Use Approval (Note: not in Contract list of required permits Received on 9/16/2022 but included in the Contract DOR) Received on 9/16/2022. Stormwater Management Permit Permit No. 93335 Indian River County Landfill - Air Construction Permit Application Title V Air Construction Permit (New Title V Permit No. 0610015 -007 -AV Emission Unit) Indian River County Landfill, Vero Beach, Florida Received on 3/24/2022 The Title V Air Construction Permit allows the Evaporator to operate until August 31, 2024. Thereafter, the Final Title V Air Permit will cover Preliminary Title V Air Operations Permit operations. Per the Contract, the final Title V Air Operations Permit is not considered for the purpose of the Permit Receipt Date definition. Received 0 n 11/30/2022. Solid Waste Permit Modification Permit No. - 0128769 -022 -SC and 0128769 -023 -SO Modification of Landfill Operations Plan District has incorporated Residual disposal into the to include Residual Disposal Landfill Operations & Training Plan as of August 2022. 446 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: June 28, 2023 To: The Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Update on Franchise Collection Procurement Process Descriptions and Conditions: The Solid Waste Disposal District (SWDD) is responsible for providing for the collection, transport and disposal services for regulated solid waste in unincorporated Indian River County (IRC), as well as recycling services throughout iRC. Per authority granted by the State of Florida Legislature, the County has granted hauling franchises as far back as 1961. However, the first procurement to solicit collection services was conducted in 2014 with a resulting award to the current franchise collector, Waste Management of Florida (WM). The initial contract was set to expire September 30, 2022, and, at the sole option of SWDD, the franchise agreement was renewed for an additional term of three years. This agreement is set to expire on September 30, 2025, and provides the following services to the County: • Exclusive collection service for residential and commercial solid waste in unincorporated areas • Exclusive collection of residential recyclables within the recycling franchise area (This includes unincorporated IRC, City of Sebastian, City of Fellsmere, City of Vero Beach, and the Town of Orchid.) Non-exclusive commercial collection of recyclables at rates required by the agreement to be less than those of solid waste collection services. On November 15, 2022, the IRC SWDD Board waived the requirement for bids and approved an agreement with Kessler Consulting, Inc. (KCI) to provide procurement assistance to IRC for soliciting a new franchise agreement. KCI previously assisted SWDD staff in securing the current agreement with WM and, since November, has supported SWDD staff in developing technical specifications for consideration in the future solicitation package. SWDD Agenda - Update on SWDD Franchise Collection Procurement Page 1 of 4 447 SWDD Item Analysis: The following summary highlights the primary technical elements under consideration. PROCUREMENT TOOL: SWDD staff anticipate utilizing a Request for Proposals (RFP) process for procuring the new franchise agreement. This tool, utilized in the 2014-2015 franchise collection procurement process, allows for a comprehensive evaluation of qualifications, service approach, and experience in conjunction with pricing. FRANCHISE AREAS: There is currently one solid waste franchise area serving the unincorporated County, as well as one recycling franchise area that is countywide. The future RFP will maintain these current service areas. MUNICIPALITIES: During 2023, SWDD and KCI staff consulted with the Purchasing Division, County Attorney Office (CAO), and IRC municipalities regarding their involvement in the franchise collection procurement process. Due to the complexity of different collection programs between municipalities, it was determined that the best course of action for municipal participation is through an optional piggyback clause that will allow any municipal government to utilize contractual terms and rates established under the awarded franchise agreement. This will be similar to the current piggyback clause and method for municipal participation. However, certain municipalities have continued to express a desire to actively participate in the County's RFP. SUBSCRIPTION AND UNIVERSAL SERVICE OPTIONS: Currently, residential solid waste collection services operate under a subscription system with over 75% of residents participating. As the County considers program objectives under the new agreement, it may prove advantageous to solicit for universal service to obtain the best pricing and potentially increase the number of respondents. Unlike the previous RFP that evaluated universal service within the Urban Service Area (USA) and subscription for outside the USA, SWDD staff is recommending universal for all areas of unincorporated IRC. RESIDENTIAL SERVICE OPTIONS: The following table summarizes the two residential service options being considered for the RFP: SWDD Agenda - Update on SWDD Franchise Collection Procurement Page 2 of 4 448 SWDD Item Note: Option #3 and #4 will include pricing for bulk yard waste when a customer's weekly quantity exceeds what will fit into a 96 -gallon cart. CARTS: As it applies to the service options above, the RFP will be structured to obtain pricing based on SWDD purchasing the carts with franchise collector to provide ongoing new customer carts, maintenance, and replacement. This will allow for better pricing and enhanced transparency in RFP price proposals. For the solid waste automated collection, the requirement is to provide a 96 -gallon cart, with a 64 - gallon or 35 -gallon cart available upon request. For the recycling collection, the requirement is to provide a 64 -gallon cart, with a 96 -gallon or 35 -gallon cart available upon request. COMMERCIAL SERVICE: Currently, WM provides exclusive solid waste commercial collection service in the unincorporated area. Commercial recycling collection service is provided upon customer request under an open market system. Per agreement terms, the rate for recyclables collection must remain less than that of solid waste to improve landfill diversion rates and support IRC's recycling program. It is anticipated the new RFP will solicit these current services. IRC GOVERNMENT FACILITIES: Additionally, IRC currently contracts separately for the collection of solid waste and recyclables from its government buildings. To increase programmatic efficiencies and obtain the best pricing, SWDD staff seek to solicit these services into the future RFP to determine if pricing would be more competitive if provided under the franchise agreement. TERM: Under the new RFP, SWDD staff propose an initial term of five years commencing October 1, 2025. After the initial five-year term, there would be a three-year renewal at the sole option of IRC, followed by a two-year mutual option. LIQUIDATED DAMAGES: Currently, the franchise agreement includes liquidated damages related to performance standard violations. The new RFP solicitation package will include a sample agreement that will build upon current liquidated damages to address SWDD staff concerns and reoccurring customer complaints. EVALUATION CRITERIA: SWDD Agenda - Update on SWDD Franchise Collection Procurement Page 3 of 4 449 SWDD Item It is anticipated selection committee members will utilize the following evaluation criteria and scoring system: Evaluation Criteria Maximum Evaluation Points Qualifications and References 15 Technical Proposal 15 Participation Growth Strategy 5 Financial Proposal 65 Total Points Possible 100 RFP TIMELINE: Upon approval to begin drafting solicitation documents based on technical specifications provided in this memorandum, KCI staff, in coordination with SWDD staff, will prepare the solicitation package and submit for review by the Purchasing Department and CAO. SWDD staff plan to issue the solicitation in late October with a proposal deadline in January 2024 and final recommendation of award of the contract in summer of 2024. This timeline will allow for a fourteen (14) month transition period between service providers before the new franchisee commences service on October 1, 2025. CONE OF SILENCE: As in the past, to make this an open, fair, and transparent process, staff and the SWDD Board are subject to the Cone of Silence provision, which will go in effect once the RFP is issued. This means that potential vendors must only contact the Purchasing Division if they have any comments or questions about the RFP. Funding: This agenda provides a framework for a future solicitation and is not requesting any funding. Recommendation: Solid Waste Disposal District staff recommends the Board approve the drafting and issue of the solicitation documents based upon the options and programmatic details provided herein. SWDD Agenda - Update on SWDD Franchise Collection Procurement Page 4 of 4 450 8/3/2023 8/3/2023 Municipalities City of Fellsmere is currently using the piggyback clause and may consider the same in the future. The City of Sebastian just entered into a new franchise and the City of Vero Beach provides their own solid waste collection services. The Town of Indian River Shores and the Town of Orchid have expressed Interest in actively participating in our RFP. Piggyback Clause : "Municipalities located within the Recycling Franchise Area may, at their discretion, also contract for Solid Waste Residential Collection Services and Commercial Collection Services from Franchisee under the same terms and conditions as this Agreement, with the exception that the rates may be negotiated based on the remaining period of the piggyback contract. Municipalities will issue their own purchase orders or contracts, issue payments, and coordinate the service locations with Franchisee, as applicable." -J ]I& e 2 8/3/2023 8/3/2023 RFP Summary - • Exclusive Residential & Commercial Franchise Areas for Unincorporated Indian River County • Single Stream Recycling for entire Indian River County and IRC Government Facilities (Franchisee provided 64 -gallon cart with option for 96 -gallon or 35 -gallon cart upon request) • Garbage: ➢ Carted Once -a -week (Franchisee provided 96 -gallon cart with option for 64 -gallon or35-gallon cart upon request) ➢ Subscription or Universal (Annual Assessment via tax bilk • Yard Waste* .. Manual or Carted Once -a -week (Franchisee provided 96 -gallon cart) and Bulk Pick -Up via Claw Truck „t Subscription or Universal (Annual Assessment via tax bill) • 961k Pick -Up: ➢ On -Call Basis or Set Rout" • Term: 10 Years ➢ Initial 5 Years ➢ 3 -year Sole Renewal Option for IitC ➢ 2 -year Mutual Renewal Option 8/3/2023 8/3/2023 • As in the past, to make this an open, fair, and transparent process, IRC staff and the SWDD Board are subject to the Cone of Silence provision, which will go in effect once the RFP is issued. This means that potential vendors must only contact the Purchasing Division if „ they have any comments or questions about the RFP. 456, 6 8/3/2023 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: June 27, 2023 To: The Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Work Order No. 2 to Geosyntec for One Year of Groundwater Monitoring/Reporting and Remedial Action Plan Modification Addendum No. 4 Design at the Former South Gifford Road Landfill Descriptions and Conditions: In accordance with the requirements by the Florida Department of Environmental Protection (FDEP), the former South Gifford Road Landfill site requires continual groundwater monitoring activities and regulatory oversight to show that the County and the Solid Waste Disposal District (SWDD) are proactively taking efforts to remediate the site. FDEP requires submittal of the first 2023 semi-annual groundwater monitoring report no later than July 31, 2023 (to document results of the summer 2023 sampling event) and the second 2023 semi-annual groundwater monitoring report no later than February 28, 2024 (to document results of the winter 2023 sampling event). Previous sampling, reporting, and remedial events performed by Geosyntec have been completed on schedule and within budget. In addition, according to 2022 groundwater monitoring results, reductive dechlorination has slowed significiantly, and it is appropriate to plan for a focused injection event in 2024. Accordingly, staff requested the attached proposal from Geosyntec to provide routine groundwater monitoring and reporting for a one-year period, pre-injection data collection activities, preparation of Remedial Action Plan Modification (RAPM) Addendum No. 4, and annual pollution remediation liabilities evaluation. Analysis: Geosyntec's proposal includes two semi-annual monitoring and reporting events for the routine groundwater monitoring program required by FDEP, collection of pre-injection data to develop the treatment area that will be presented in the RAPM Addendum No. 4, preparation of RAPM Addendum No. 4, and preparation of an annual pollution remediation liabilities evaluation. Geosyntec's proposal consists of seven phases as follows: SWDD Agenda - Geosyntec WO No. 2 4"e 1 of 2 SWDD Item Phase Description Budget Phase 1: Project Management $ 7,663.20 Phase 2: Meetings/Regulatory Interaction $ 4,552.60 Phase 3: Annual Pollution Remediation Liabilities Evaluation $ 6,087.30 Phase 4: Semi -Annual Sampling Activities $ 56,242.70 Phase 5: Data Evaluation and Semi -Annual Reporting $ 17,492.76 Phase 6: Pre-RAPM Addendum No. 4 Injection Activities $ 60,165.90 Phase 7: Prepare RAPM Addendum No. 4 $ 19,228.56 Total $171,433.02 Phase 1 includes project planning and management responsibilities. Phase 2 includes meeting attendance and interaction with regulatory agencies. Phase 3 includes preparation of the annual environmental liability evaluation in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. Phase 4 includes field preparation, groundwater sampling, and water level measurements during two routine groundwater monitoring events. Phase 5 includes data evaluation and semi-annual reporting. Phase 6 includes pre-injection data collection in the former source area. Phase 7 includes preparation of the RAPM Addendum No. 4. Funding: Funding for this work, in the amount of $171,433.02, is budgeted and available in the Optional Sales Tax/Landfill/Other Contractual Services/Landfill Groundwater Testing account, number 31521734-033490-03004, which is the one -cent sales tax fund used for infrastructure needs of the County. Costs associated with the landfills are authorized uses of the one -cent sales tax, in addition to infrastructure. Description Account Number Amount Optional Sales Tax/Landfill/Other Contractual 31521734-033490-03004 $171,433.02 Services/Landfill Groundwater Testing Recommendation: Solid Waste Disposal District staff recommends that its Board approves and authorizes the Chairman to sign Work Order No. 2 authorizing Geosyntec to provide groundwater monitoring/reporting and related consulting services for the Former Gifford Road Landfill in compliance with Florida Department of Environmental Protection requirements for a period of one year not to exceed fee of $171,433.02. Attachment: 1. Geosyntec Work Order No. 2 SWDD Agenda - Geosyntec WO No. 2 4"e 2 of 2 WORK ORDER 2 This Work Order Number 2 is entered into as of this _ day of pursuant to that certain Continuing Contract Agreement, dated May 2, 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 mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Print Name: Joseph Applegate Title: Senior Principal BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman BCC Approval Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 453 EXHIBIT A SCOPE OF WORK TIME SCHEDULE FEE SCHEDULE engineers I scientists I innovators 454 Geosynteccl' consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PH 321.269.5880 FAX 321.269.5813 www.geosyntec.com 2 June 2023 Subject: Proposal to Provide One Year of Groundwater Monitoring/Reporting and Related Consulting Services and to Complete Remedial Action Plan Modification Addendum No. 4 Pre -Injection Investigation and Design Former South Gifford Road Landfill Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to submit this letter proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional services for Florida Department of Environmental Protection (FDEP)-required activities associated with continued implementation of the groundwater monitoring for the chlorinated volatile organic compound (CVOC) plume at the Former South Gifford Road Landfill located in Vero Beach, Indian River County, Florida (Site). This scope and fee proposal is based on correspondence with the FDEP and discussions with IRC. As requested by IRC, this fee proposal includes budget for the following activities: • Complete two semi-annual monitoring and reporting events for the plume monitoring well network, • Provide related consulting services, • Represent IRC during interactions with regulatory agencies, • Prepare an annual pollution liabilities evaluation report for identified IRC -owned environmental liabilities, and • Prepare Remedial Action Plan Modification (RAPM) Addendum No. 4. Geosyntec has prepared this proposal (professional services as Exhibit A) as Work Order No. 2 for the 2023 Continuing Contract Agreement for Professional Services between IRC SWDD and Geosyntec. The remainder of this letter provides an overview of the project background, a description of the proposed scope of work, a budget estimate, and a discussion of the schedule for accomplishment of the work described herein. FR0766\XR23010.docx engineers I scientists I innovators 455 Mr. Himanshu H. Mehta, P.E. 2 June 2023 Page 2 PROJECT BACKGROUND Geosytitec consultants As part of the long-term monitoring activities for the identified CVOC plume associated with the South Gifford Road Landfill, a network of monitoring wells require sampling on an annual or semi-annual basis to: (i) confirm that the CVOC plume is not migrating by monitoring the lateral and vertical extent; (ii) evaluate the impact of source and dissolved plume bioremediation to assess CVOC plume centerline concentrations over time; and (iii) assess the impact of biological and physical natural attenuation processes on CVOC plume degradation. In consideration of the ongoing natural attenuation processes occurring at the site, the enhancement of these biological processes via the injection of an electron donor was proposed and agreed to in concept by the FDEP in correspondence dated 2 August 2006. In response to FDEP's request and supported by groundwater monitoring results, Geosyntec conducted previous bioremediation injection events in 2008, 2009, 2012, and 2017 to remediate recalcitrant CVOC groundwater impacts in the former source area and downgradient biobarriers. Groundwater monitoring results in 2022 suggest that reductive dechlorination has slowed significantly in groundwater at the Site and it is appropriate to plan for an injection event in 2024. In addition to bioremediation activities, semi-annual groundwater monitoring and reporting for CVOCs at 42 monitoring well locations will be conducted in 2023. PROPOSED SCOPE OF WORK For the purpose of budgeting, the scope of work has been divided into the following phases: • Phase 1 — Project Management; • Phase 2 — Meetings/Regulatory Interaction; • Phase 3 — Annual Pollution Remediation Liabilities Evaluation; • Phase 4 — Semi -Annual Sampling Activities; • Phase 5 — Data Evaluation and Semi -Annual Reporting; • Phase 6 — Pre-RAPM Addendum No. 4 Injection Activities; and • Phase 7 — Prepare RAPM Addendum No. 4. The remainder of this section presents a general description of the activities to be performed in each phase. FR0766VX223010.docx engineers I scientists I innovators 456 Mr. Himanshu H. Mehta, P.E. 2 June 2023 Page 3 Geosynte& consultants Phase 1 — Proiect Management: Under this phase, Geosyntec will perform project planning and management responsibilities, such as correspondence with IRC SWDD and FDEP, invoice review, project coordination, and project administration. The budget includes two hours per month for the project manager (24 hours total) and one hour per month (12 hours total) for the project administrator. Phase 2 — Meetings/Regulatory Interaction: Under this phase, Geosyntec will prepare for and attend up to one meeting, with IRC SWDD, FDEP, and/or IRC Board of County Commissioners, as necessary. It has been assumed that this meeting will be in person. Also, under this phase, four hours has been included for the Senior Principal -in -charge to provide ongoing support to IRC SWDD related to interaction and negotiation with FDEP. Phase 3 — Annual Pollution Remediation Liabilities Evaluation: As requested by IRC SWDD, under this phase, Geosyntec will prepare the annual environmental liability evaluation. This document is prepared annually in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. The objective of GASB No. 49 is to enhance the usefulness and comparability of pollution remediation obligation information reported by state and local governments. It has been assumed that the report will include evaluation of two sites, including Former South Gifford Road Landfill (47014 I't Street) and Former Premier Citrus Property (375 82nd Street). In addition, two hours have been included for a Florida -registered Professional Engineer to conduct an independent review of the liability evaluation. Phase 4 — Semi -Annual Sampling Activities: Under this phase, Geosyntec will perform 2023 routine semi-annual groundwater monitoring. The semi-annual activities will include field preparation, water level measurements, and groundwater sampling. Field preparation activities will include scheduling and staffing, subcontracting, coordination with the analytical laboratory, field equipment preparation, procurement of Passive Diffusion Bag (PDB) samplers, coordination with Vero Beach Municipal Airport for water level measurement, and notifying FDEP of the field schedule. Geosyntec will perform the groundwater sampling activities associated with the CVOC plume monitoring well network. Sampling activities in 2023 will be completed with a combination of PDB samplers, as a cost -savings measure, and traditional low -flow sampling techniques, to evaluate groundwater quality and the occurrence of intrinsic biodegradation. PDBs are anticipated to be purchased from EON Products, one of the few suppliers of this type of passive sampling device. Groundwater sampling activities will be executed using a 2 -person sampling crew and will be performed in general accordance with the FDEP Standard Operating Procedures (SOPS). The proposed Summer 2023 field event (tentatively scheduled for June 2023) will include sampling and analyses of groundwater from 9 monitoring wells. The Summer 2023 field event is budgeted to include 1 day for groundwater sampling activities and 1 day for PDB deployment for the next sampling event (total of 2 field days each with 2 persons). The proposed Winter 2023 field event (tentatively FR0766\XR23010.docx engineers I scientists I innovators 457 Mr. Himanshu H. Mehta, P.E. 2 June 2023 Page 4 Geosyntec"' consultants scheduled for December 2023) will include sampling of 42 monitoring wells (31 using PDBs and 11 wells via traditional purging techniques) to collect field water quality parameters. The Winter 2023 field event is budgeted to include a total of 3 days (with 2 persons) for groundwater sampling activities and PDB deployment for the Summer 2024 field event. Consistent field documentation and field protocols will be utilized to develop reliable data to support the natural attenuation evaluation for the groundwater plume. The groundwater samples will be analyzed in accordance with the sampling plan summarized in the 2022 Annual Groundwater Monitoring Report. Quality control samples are proposed to be collected at a rate of 5% of total samples as required by the most recent FDEP SOPS. Geosyntec will conduct a complete round of groundwater level measurements concurrent with each semi-annual groundwater sampling event (budgeted for 1 day with 2 -person field team for each event). Depth to groundwater measurements will be recorded to the nearest 0.01 -ft in each monitoring well, including existing monitoring wells and applicable City of Vero Beach wells (assumed up to 95 wells per event). Overall, for field activities, budget has been included for 7 field days with 2 persons, mobilization time for field personnel, and associated field expenses for sampling. Due to wet site conditions and difficult access to certain well clusters, costs for rental of a utility phase vehicle are included for 1 day of groundwater level measurements and 1 day of sampling per event (4 total days). It is anticipated that purge water (investigation -derived waste [IDW]) will be containerized in a 55 - gallon polyethylene drum and temporarily staged on Site for characterization prior to removal and disposal. Costs are included herein for purchase of one 55 -gallon polyethylene drum, drum removal and disposal by a licensed subcontractor, and for 4 hours of drum removal oversight for 1 person. Phase 5 — Data Evaluation and Semi -Annual Renortine: Under this phase, Geosyntec will perform data evaluation activities and reporting. The reporting includes preparation of the Summer 2023 report (simplified format entitled Summer 2023 Semi Annual Groundwater Sampling Results) and the Winter 2023 report (2023 Annual Groundwater Monitoring Report) for submittal to FDEP. The Summer 2023 report will be a letter report with attachments, including a monitoring well location map and tables of the field and laboratory results. Data evaluation activities for the Summer 2023 report will include database management, screening results against applicable regulatory criteria, and summary data table preparation. This report is due to FDEP by 31 July 2023. The Winter 2023 report will be consistent with the groundwater monitoring reports historically submitted to FDEP for this Site and the data evaluation activities will include database management, screening results against applicable regulatory criteria, GIS figure preparation, time trend analyses, and/or statistical data analyses. The Winter 2023 annual report will be supported by attachments containing Chain -of -Custody sheets, field notes and observations, water sampling logs, maps, graphs, analytical results, quantitative statistical evaluation, and other applicable materials. As part of the FR0766\XR23010.docx engineers I scientists I innovators 458 Mr. Himanshu H. Mehta, P.E. 2 June 2023 Page 5 Geosyntec"' consultants statistical analysis, trend analysis graphs showing temporal concentrations of constituents and a summary of the Mann -Kendall statistics will be included to identify increasing, decreasing, or no trends in groundwater constituent concentrations. Historical data summaries will be included for monitoring wells recommended for removal from the monitoring plan. The draft Summer and Winter 2023 reports will be submitted to IRC SWDD for review prior to submittal to FDEP. Each final report will be signed and sealed by a Florida -registered Professional Engineer or Geologist. Phase 6 — Pre-RAPM Addendum No. 4 Iniection Activities:. Upon review of data from 2022 sampling events, elevated concentrations of trichloroethene (TCE), cis-1,2-dichloroethene (cis-1,2- DCE), and vinyl chloride (VC) suggest that reductive dechlorination has slowed significantly in groundwater at the Site, and aquifer conditions (low pH and slightly higher ORP) are less favorable for the occurrence of intrinsic biodegradation. To develop the treatment area that will be presented in the RAPM Addendum No. 4, groundwater samples will be collected in the vicinity of the former source area (near GR-MW30B) and northwest of the former source area (near GR-MW26B) using temporary sampling techniques utilizing a drilling rig. Data from these locations will be used to develop a high resolution CVOC concentration horizontal/vertical profile of the aquifer from which injection intervals will be selected. Prior to the commencement of field sampling activities, Geosyntec will update the site-specific task hazard analysis (THA). Geosyntec will provide oversight for a contractor to clear brush in the former source area and around select well clusters in preparation for drilling rig mobilization and groundwater sample collection. A private underground utility survey of all proposed drilling locations will also be performed prior to the field event. Costs are included for 1 day oversight (with 1 person) and for subcontractor costs. DPT drilling will be used to conduct top-down groundwater sample collection at the proposed 12 locations shown on Figure 1 in the Attachment. Groundwater samples will be collected at 4 -foot (ft) discrete intervals beginning at 10 -ft below land surface (BLS) to 80 -ft BLS (5 samples per location). Groundwater stabilization parameters will be collected during sampling and samples will be submitted to a fixed -base laboratory for analysis of volatile organic compounds (VOCs) by EPA Method 8260B. A continuous soil boring will be advanced in each of the two drilling areas to record site lithology and evaluate mass distribution using a photoionization detector (PID). The proposed discrete groundwater sampling intervals will be selected based upon the area -specific lithologic observations and PID responses from the continuous soil borings. Upon completion at each drilling location, the borehole will be pressure or tremie grouted from total depth to land surface. A geographical positioning system (GPS) will be used to record horizontal coordinates of all drilling locations. Drilling activities are estimated to take 5 field days with 1 person providing oversight. FR0766\X 23010.docx engineers I scientists I innovators 459 Mr. Himanshu H. Mehta, P.E. 2 June 2023 Page 6 Geosyntec consultants During the June 2023 mobilization for the semi-annual groundwater monitoring event, Geosyntec personnel will collect groundwater samples from monitoring wells GR-MW20B, MW26B, MW3013, MW3713, MW02D, MW10D, and MW30CC. Groundwater samples will be collected using conventional low flow purging methods to evaluate concentrations of dechlorination indicators including dissolved gases, total organic carbon, and dehalococcoides (Dhc) and VC- and TCE- reductase analyses (FGA [vcrA/bvcA/tceA]). Proposed groundwater sample analyses are provided in Table 10 of the 2022 Annual Groundwater Monitoring Report. Groundwater sampling activities are estimated to take 2 field days with 1 person to complete. Investigation -Derived Waste (IDW) Management Soil removed from the top 5 feet of the subsurface during utility clearing at each location will be returned to the borehole. IDW consisting of purge water and decontamination water from the drilling equipment will be drummed and staged for off-site disposal. Soil cuttings from two DPT soil borings will also be drummed and stored for off-site disposal. IDW characterization samples will be collected and submitted to a fixed -base laboratory for analysis of VOCs by EPA Method 8260B (for liquid IDW) and TCLP VOCs (EPA Method 826013) and TCLP RCRA 8 metals (EPA Method 6010D and 7470A for mercury) (for solid IDW), as required by the waste disposal facility. The analytical results will be used to profile the IDW prior to transport and disposal. It is assumed that IDW will be characterized as non -hazardous. The estimated hours and associated breakdown of hours in Phase 6 are as follows: Staff professional — a total of 20 hours, including: • 4 hours to prepare the THA; • 8 hours to prepare for the field event; and • 8 hours oversight of IDW pickup for off-site disposal. Senior Staff professional — a total of 100 hours, including: • 4 hours to prepare for the field event; • 12 hours to mark locations and oversee the brush clearing and utility locate prior to the field event; • 60 hours DPT groundwater and soil sampling (five 12 -hour days); • 20 hours monitoring well sampling; and • 4 hours to return equipment, complete documentation, etc. after the field event; Senior professional — a total of 20 hours, including: • 2 hours to review the THA; • 2 hours for a Senior Geologist to develop the scope of work; • 4 hours for a Senior Engineer to review the scope of work; • 10 hours to provide field support and data analysis (2 hours per drilling day); and • 2 hours of project management/communication with the client. FR0766\XR23010.docx engineers I scientists I innovators 460 Mr. Himanshu H. Mehta, P.E. 2 June 2023 Page 7 Geosynte& consultants Phase 7 — Prepare RAPM Addendum No. 4: Under this task, supported by results from pre-RAPM Addendum No. 4 injection sampling activities, Geosyntec will prepare RAPM Addendum No. 4 to propose a focused injection of enhanced in situ bioremediation amendments (e.g., electron donor, dechlorinating microbial cultures, and/or buffering agent) to address CVOC impacts in the vicinity of the former source area (near GR-MW30B) and northwest of the former source area (near GR-MW26B). Geosyntec will finalize the bioremediation design based upon the results of the investigation to optimize implementation by providing both an economical and practical approach to meeting the long- term goals of the Site. The draft bioremediation design package will be provided to IRC SWDD electronically via email for review and comment prior to submittal to FDEP. The draft RAPM Addendum No. 4 will include, at a minimum, a proposed injection location figure, dosing calculations specifying the amount of bioremediation amendments required, and summary text outlining the design approach. Effort is included for one round of revisions based on client comments. Within 2 weeks of receiving comments from IRC SWDD on the draft RAPM Addendum No. 4, Geosyntec will submit the final design package to FDEP. (Note: Budget for the implementation of the bioremediation injection activities that will be proposed in the RAPM has not been included and will be presented under a separate Proposal following Agency approval of the RAPM Add. No. 4). ASSUMPTIONS The following assumptions were made in developing this fee proposal: • IDW for off-site disposal (decontamination water and soil cuttings) will be characterized as non -hazardous. • If needed, changes to the proposed scope of work, budget or schedule will be agreed upon in writing in advance of the work being performed. • Adverse weather conditions that require operations to be halted may affect the proposed schedule and budget. Adverse weather conditions may include, but are not limited to, a tornado watch/warning, lightning in the area, and a hurricane or threat of a hurricane. • If a stop work order is issued for reasons outside of Geosyntec's control, the budgeted cost and schedule shall be subject to revision due to changed circumstances. TIME SCHEDULE The semi-annual groundwater sampling events will be tentatively conducted in June and December 2023 as described herein. Reports will be submitted to FDEP to meet required deadlines. RAPM Addendum No. 4 monitoring well sampling activities will be conducted concurrently with the Summer 2023 semi-annual groundwater sampling event. DPT drilling activities will be scheduled within 90 days of approval, given driller availability. The RAPM Addendum No. 4 will be submitted to FDEP within 90 days of receipt of laboratory analytical results. FR0766\XR23010.docx engineers I scientists I innovators 461 Mr. Himanshu H. Mehta, P.E. 2 June 2023 Page 8 BUDGET ESTIMATE Geosynte& consultants Geosyntec proposes to complete the scope of work described herein on a Total Cost Not to Exceed Price with Fee at risk basis in accordance with the terms of the Continuing Contract Agreement for Consulting Engineering Services between our Indian River County and Geosyntec. The total cost for this work is $171,433.02. Breakdown of the costs by category and by phase is provided below. Detailed costs tables (fee schedule) are included in the Attachment as Table 1. Geosyntec will not exceed the budget estimate without prior approval and written authorization from IRC SWDD. • Personnel Labor $121,634.00 • Subcontractors $30,613.00 • General Conditions (ODCs) $19,186.02 Phase 1 —Project Management $7,663.20 Phase 2 — Meetings/Regulatory Interaction $4,552.60 Phase 3 — Annual Pollution Remediation Liabilities Evaluation $6,087.30 Phase 4 — Semi -Annual Sampling Activities $56,242.70 Phase 5 — Data Evaluation and Semi -Annual Reporting $17,492.76 Phase 6 — Pre-RAPM Injection Activities $60,165.90 Phase 7 — Prepare RAPM Addendum No. 4 $19,228.56 TOTAL $171,433.02 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. Please call Crystal Wilson at 850.483.5102 with questions you may have as you review this proposal. Crystal Wilson, P.G. Senior Geologist FR0766\XR23010.docx engineers I scientists I innovators Sincerely, �! 4. Amkdokf Joseph Applegate, P.G. Senior Principal Geologist 462 ATTACHMENT TABLE 1: GEOSYNTEC PROJECT COST ESTIMATE SUMMARY (FEE SCHEDULE) FIGURE 1: PROPOSED SAMPLING LOCATIONS engineers I scientists I innovators �X3 Table 1: Geosyntec Project Cost Estimate Summary Client: Indian River County Solid Waste Disposal District Site: South Gifford Road Landfill Task: Groundwater Monitoring/Reporting and Remedial Action Plan Modification Addendum No. 4 Pre -Injection Investigation and Design Date: 06/02/23 Phase Cost Estimate Personnel Labor PHASE 1: Project Management $7,440 PHASE 2: Meetings/Regulatory Interaction $4,420 PHASE 3: Annual Pollution Remediation Liabilities Evaluation $5,910 PHASE 4: Semi -Annual Sampling Activities $40,590 PHASE 5: Data Evaluation and Semi -Annual Reporting $16,692 PHASE 6: Pre-RAPM Injection Activities $28,030 PHASE 7: Prepare RAPM Addendum No. 4 $18,552 Personnel Labor Total $121,634.00 Subcontractor PHASE 1: Project Management $0� PHASE 2: Meetings/Regulatory Interaction $0 PHASE 3: Annual Pollution Remediation Liabilities Evaluation $0 PHASE 4: Semi -Annual Sampling Activities $4,908 PHASE 5: Data Evaluation and Semi -Annual Reporting $0 PHASE 6: Pre-RAPM Injection Activities $25,705 PHASE 7: Prepare RAPM Addendum No. 4 $0 Subcontractor Total $30,613 eral Coudltions - 01) , PHASE 1: Project Management $223.20 PHASE 2: Meetings/Regulatory Interaction $132.60 PHASE 3: Annual Pollution Remediation Liabilities Evaluation $177.30 PHASE 4: Semi -Annual Sampling Activities $10,744.70 PHASE 5: Data Evaluation and Semi -Annual Reporting $800.76 PHASE 6: Pre-RAPM Injection Activities $6,430.90 PHASE 7: Prepare RAPM Addendum No. 4 $676.56 General Conditions Total $19,186.02 Estimated Project Cost: $171,433.02 XR23010.xlsx Page 1 of 8 Geosyntec Consultants 464 PHASE 1: Project Management 2023 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Professional hr $265 24 $6,360 Subtotal Professional Services $6,360 B. Technical/Administrative Services Project Administrator I hr 1 $90 1 12 $1,080 Subtotal Tech nicaVAdministrative Services $1,080 C. Reimbursables Communications Fee 3% labor 0.03 1 7,440 $223.20 Subtotal Reimbursables 1$223.20 TOTAL ESTIMATED BUDGET: PHASE 1 $7 663.20 XR23010.xlsx Page 2 of 8 Geosyntec Consultants 465 XR23010.xlsx PHASE 2: Meetings/Regulatory Interaction 2023 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL ITEM BASIS RATE QUANTITY ESTIMATED B D ET A. Professional Services Senior Princi al hr $310 4 $1,240 Senior Professional hr $265 12 $3,180 Subtotal Professional Services $4,420 B. Technical/Administrative Services Subtotal Technical/Administrative Services $0 C. Reimbursables Communications Fee 3% labor 0.03 4,420 $132.60 Subtotal Reimbursables $132.60 TOTAL ESTIMATED BUDGET: PHASE 2 $4,552.60 Page 3 of 8 Geosyntee Consultants 466 PHASE 3: Annual Pollution Remediation Liabilities Evaluation 2023 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $310 4 $1,240 Senior Professional hr $265 6 $1,590 Senior Staff Professional hr $184 16 $2,944 Subtotal Professional Services $5,774 B. Tech nical/Administrative Services Clerical hr 1 $68 1 2 $136 Subtotal Technical/Administrative Services $136 C. Reimbursables Communications Fee 3% labor 0.03 1 5,910 $177.30 Subtotal Reimbursables $177.30 TOTAL ESTIMATED BUDGET: PHASE 4 $6.087.30 XR2301 O.xlsx Page 4 of 8 Geosyntec Consultants 467 PHASE 4: Semi -Annual. Sampling Activities 2023 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $310 2 $620 Senior Professional hr $265 16 $4,240 Senior Staff Professional hr $184 100 $18,400 Staff Professional hr $160 104 $16,640 Subtotal Professional Services $39,900 B. Technical/Administrative Services Designer hr $165 2 $330 Project Administrator hr $90 4 $360 Subtotal Technical/Administrative Services $690 C. Subcontractors Drum Transport/Disposal each $288 1 $288 Laboratory Analysis for VOCs each $84 55 $4,620 Subtotal Subcontractor Services $4,908 D. Reimbursables Communications Fee 3% labor 0.03 $40,590 $1,217.70 Miscellaneous Supplies - Summer (3), Winter 4 da $50 7 $350 PDBs for Winter 2023 event includes shipping) quote $34 35 $1,190 PDBs for Summer 2024 event includes shipping) quote $34 12 $408 Drum for Pure Water each $50 1 $50 Lodging - Summer (2x-2), Winter 3x2 da $185 10 $1,850 Per Diem - Summer (3x.2), Winter 4x2 da $59 14 $826 Utility Task Vehicle Rental(daily rate plus delivery fee da $210 4 $840 Field Vehicle - Summer (3x2), Winter (4x2), IDW 1 da $100 15 $1,500 Ovemi ht Cooler -Test America - Summer (1), Winter 2 each $95 3 $285 Groundwater Sampling Kit(per sampler) - Summer 1x2 , Winter (2x da $300 6 $1,800 Water Level Measurement Kit - Summer (1), Winter 1 da $60 2 $120 PDB Deployment Kit - Summer (1), Winter 1 da $100 2 $200 Equipment Shi in - Summer (1), Winter 1 each $54 2 $108 Subtotal Reimbursables $10,744.70 TOTAL ESTIMATED BUDGET: PHASE 5 $56,242.70 Notes: 1. Lodging rates were taken from the GSA website for the Vero Beach area (https://www.gsa.gov/travel/plan-book/per-diem-rates/). 2. Groundwater Sampling Kit includes two sets of the following: water level indicator, peristaltic pump, water quality meter (pH, temperature, conductivity, dissolved oxygen, and oxidation reduction potential), turbidity meter, tubing, and miscellaneous field supplies. 3. Water Level Measurement Kit includes: water level indicator and miscellaneous field supplies. 4. PDB Deployment Kit includes: miscellaneous field supplies necessary to suspend and deploy PDBs. XR23010.xlsx Page 5 of 8 Geosyntee Consultants 468 PHASE 5: Data Evaluation and Semi -Annual Reporting 2023 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL ITEM BASIS I RATE I QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $310 4 $1,240 Senior Professional hr $265 24 $6,360 Senior Staff Professional hr $184 30 $5,520 Subtotal Professional Services $13,120 B. Technical/Administrative Services Designer hr $165 20 $3,300 Clerical hr $68 4 $272 Subtotal Technical/Administrative Services $3,572 C. Reimbursables Communications Fee 3% labor 0.03 $16,692 $500.76 Specialized Computer Applications hr $15 20 $300 Subtotal Reimbursables $800.76 TOTAL ESTIMATED BUDGET: PHASE 6 $171492.76 XR23010.xlsx Page 6 of 8 Geosyntec Consultants 469 PHASE 6: Pre-RAPM Injection Activities 2023 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $310 2 $620 Senior Professional hr $265 20 $5,300 Senior Staff Professional hr 1 $184 100 $18,400 Staff Professional hr 1 $160 20 $3,200 Subtotal Professional Services $27,520 B. Technical/Administrative Services Designer hr $165 2 $330 Project Administrator hr 590 2 $180 Subtotal Technicat/Administrative Services $510 C. Subcontractors Brush Clearing Contractor each $2,300 1 $2,300 Utility Scanning Services half -da $863 1 $863 Drilling Contractor each $14,220 1 $14,220 Laboratory Analysis for VOCs DPT GW [601, QC 1 , liquid IDW 1 each $84 62 $5,208 Laboratory Analysis for TOC each $37 4 $148 Laboratory Analysis for Dissolved Gases each $106 7 $742 Laboratory Analysis for Dehalococcoides each $310 3 $930 Laboratory Analysis for VC-reductases/TCE-reductase each $100 3 $300 Laboratory Analysis for TCLP VOCs solid ID each $115 1 $115 Laboratory Analysis for TCLP RCRA 8 solid ID each 1 $129 1 1 $129 Drum Transport/Disposal each 1 $150 1 5 $750 Subtotal Subcontractor Services $25,705 D. Reimbursables Communications Fee 3% labor 0.03 $28,030 $840.90 Miscellaneous Supplies - Brush Clearing/Utility Scan (1), DPT (5), MW Sampling 2 day $50 8 $400 Drum for Pure Water each $50 1 $50 Lodging - DPT (4), MW Sampling 1 da $185 5 $925 Per Diem - Brush Clearin tili Scan (1), DPT (5), MW Sa lin 2 da $59 8 $472 Field Vehicle - Brush Clearing/Utility Scan (1), DPT (5), MW Sampling (2), Drum Disposal 1 day $100 9 $900 Overnight Cooler -Test America - DPT (1), MW Sampling (1)each $95 2 $190 Overnight Cooler-SIREM each $100 1 $100 Groundwater Sampling Kit da $500 2 $1,000 Water Quality Multi -Meter week $490 1 $490 Photoionization Detector I eek $315 1 $315 GPS - Handheld da $320 2 $640 Equipment Shi in - DPT (1), MW Sampling (1) each $54 2 $108 Subtotal Reimbursables $6,430.90 TOTAL ESTIMATED BUDGET: PHASE 5 $60,165.90 Notes: 1. Lodging rates were taken from the GSA website for the Vero Beach area (https://www.gsa.gov/travel/plan-book/per-diem-rates/). 2. Groundwater Sampling Kit includes water level indicator, peristaltic pump, water quality meter, turbidity meter, and tubing for use during monitoring well (MW) sampling. 3. Water Quality Multi -Meter and Photoionization Dectector for use during DPT sampling event. XR23010.xlsx Page 7 of 8 Geosyntec Consultants 470 PHASE 7: Prepare RAPM Addendum No. 4 2023 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL ITEM BASIS I RATE I QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $310 4 $1240 Senior Professional hr $265 40 $10,600 Staff Professional hr $160 32 $5,120 Subtotal Professional Services $16,960 B. Technical/Administrative Services Designer hr $165 8 $1,320 Clerical hr $68 4 $272 Subtotal Technical/Administrative Services $1,592 C. Reimbursables Communications Fee 3% labor 0.03 18,552 $556.56 Specialized Computer Applications hr $15 8 $120.00 Subtotal Reimbursables $676.56 TOTAL ESTIMATED BUDGET: PHASE 3 $19,.228.56 XR23010.xlsx Page 8 of 8 Geosyntec Consultants 471 N r a 15B Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: June 27, 2023 To: The Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Notice of Public Hearing to Adopt Rate Resolution 2023-001 Descriptions and Conditions: On April 4, 2023, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board of Commissioners were presented with the Solid Waste Rate Study prepared by Kessler Consulting, Inc. (KCI). Per KCI and staff recommendations, the SWDD Board approved new tipping fees starting October 1, 2023 as well as implementing the proposed change in Waste Generation Units (WGU) by 50%; with the remaining 50% change being implemented October 1, 2027. Per IRC Code Section 204.32. - Other fees, rates and charges, SWDD shall have the power, at any time by resolution, after a public hearing to adopt rates, fees, and charges for service costs other than those recovered by disposal charge against accessible property. SWDD also shall have the power to amend Attachments 1 (Schedule of WGU's) and 2 (Rates and Fees) at any time by resolution after a public hearing. Therefore, the SWDD Board needs to amend Attachment 1 and Attachment 2 by a SWDD Rate Resolution through a public hearing process. Funding: This agenda provides a notice of public hearing and is not requesting any funding. Recommendation: Staff recommends that the Solid Waste Disposal District Board authorize staff to advertise for a Public Hearing to be held on August 15 in accordance with the 10 -day pre -hearing requirement for a notice in the local newspaper. SWDD Agenda - Notice of Public Hearing to Adopt Resolution 2023-001 Page 1 473 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: June 27, 2023 To: The Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Final Pay to Geosyntec for Work Order No. 14— 2022 Permit Compliance Monitoring & Reporting Descriptions and Conditions: On January 18, 2022, the Solid Waste Disposal District (SWDD) Board approved CCNA-2018-Work Order No. 14 to Geosyntec Consultants, Inc. (Geosyntec) in the amount of $209,505.32. Geosyntec's authorized scope of work included project management/meetings, semi-annual sample report, quarterly assessment monitoring, Title V permit compliance, and miscellaneous technical support. Analysis: Geosyntec has satisfactorily completed all of the tasks described in the scope of work for a total invoiced amount of $209,505.32, which includes the final invoice of $3,798.10. The total project did not exceed budget. Attached is Geosyntec's letter report describing in more details the services provided under this work order. Funding: Funding for the Segment 3, Cell I Top of Waste Grades Evaluation is budgeted and available in the SWDD/Landfill/ Engineering Services account, number 41121734-033130, for a total amount of $3,798.10, which is funded from SWDD assessments and user fees. Description Account Number Amount SWDD/Landfill/Engineering Services 41121734-033130 $3,798.10 Recommendation: Solid Waste Disposal District staff recommends that its Board approve Geosyntec's final invoice amount of $3,798.10. Attachment: 1. Geosyntec Project Completion Report and Final Invoice. SWDD Agenda - Final Pay to Geosyntec WO CCNA -2018 -WO No. 144 4PMe 1 of 1 Geosyntec °' consultants Mr. Himanshu H. 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 904.858.1818 FAx 904.396.1143 www.geosyntec.com 15 March 2023 Subject: Project Management Completion Report and Transmittal of Invoice No. 504206 IRC — 2022 Permit Compliance Monitoring and Reporting IRC Work Authorization No. CCNA-2018-Work Order No. 14 Indian River County Landfill Facility, Vero Beach, Florida Dear Mr. Mehta: INTRODUCTION Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FL3738C — 2022 Permit Compliance Monitoring and Reporting for the Indian River County Landfill Facility. This project was completed under Work Order No. CCNA-2018-Work Order No. 14 authorized on January 18, 2022 pursuant to that certain Continuing Contract Agreement for Professional Services, dated April 17, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant"). This report has been prepared as a supplement to our final invoice No. 504206, dated March 8, 2023. SCOPE OF WORK The scope of work authorized under Work Order No. CCNA-2018-Work Order No. 14 was divided into five phases: (i) general consulting/meeting support/project management; (ii) Semi - Annual Sampling and Reporting; (iii) Quarterly Assessment Monitoring and Reporting; (iv) Title V Permit Compliance and Reporting; and, (v) Technical and Miscellaneous Permit Compliance Support and Reporting. The following is a phase -by -phase summary of the work that Geosyntec performed under this Work Order. FL3738-01 / FL3738B JL22033A Project Completion Letter.doc engineers I scientists I innovators 475 Mr. Himanshu H. Mehta, P.E. 13 April 2021 Page 2 Phase 1— General Consulting/Meeting Support/Project Management Under this phase, Geosyntec performed project planning and management responsibilities, such as meetings and correspondences with SWDD, ENCO Labs, Eurofins Laboratory, Republic, and the Florida Department of Environmental Protection (FDEP); invoice review and preparation; project coordination; and project administration. Phase 2 — Semi -Annual Sampling and Reporting Under this phase, Geosyntec completed the January and July 2022 semi-annual sampling and prepared the water -quality monitoring reports for the Class I Landfill and C&D Debris Disposal Facility for submittal to FDEP as required by the WQMP. Phase 3 — Quarterly Assessment Monitoring and Reporting Under this phase, Geosyntec completed the January, April, July and October 2022 quarterly sampling and prepared the water -quality assessment monitoring reports for the C&D Debris Disposal Facility select groundwater wells and surface water locations for submittal to FDEP as required by the WQMP and the October 14, 2019 correspondence from FDEP to SWDD. Phase 4 — Title V Permit Compliance and Renortin Under this phase, Geosyntec prepared and submitted the Title V Air Permit compliance monitoring reports [including the annual statement of compliance, electronic annual operating report (EAOR), semi-annual monitoring reports, and annual LFG sulfur content testing and emissions report]. Phase 5 — Technical and Miscellaneous Permit Compliance Support and Reporting Under this phase, Geosyntec provided SWDD with technical support and miscellaneous permit compliance support services related to the Class I Landfill and C&D Debris Disposal Facility including, among other things: • quarterly monitoring and reporting of the LFG monitoring wells located at the perimeter of the site and also in enclosed structures; • provide assistance for the leachate evaporator permit; • response to comments on the Title V permit renewal; and • miscellaneous permit and compliance support services. FL3738B-Ol/ FL3738B JL22033A Project Completion Letter.doc engineers i scientists 1 innovators 476 Mr. Himanshu H. Mehta, P.E. 13 April 2021 Page 2 BUDGET The approved budget for Work Order No. CCNA-2018-Work Order No. 14 was $209,505.32. The total invoiced amount, including the final invoice, is $209,505.32. Therefore, Geosyntec completed this project within the approved budget. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact the undersigned at (561) 922-1087. Sincerely Cristina DI'llysigned by Cristina Graver Graver �,�t`'2023.03.15 11:48:30 -04'00' Cristina Graver, P.E. Senior Engineer Enclosure: Invoice No. 504206 FL373813-01/ FL3738B IL 2033A Project Completion Letter.doc engineers i scientists I innovators 477 GeosyntecO' COIIBU tants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach, Florida 32968 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 PH 904 858.1818 FAX 904.396.1143 Subject: Project Management Report and Transmittal of Invoice No. 504206 IRC — 2022 Permit Compliance Monitoring and Reporting Indian River County Landfill Facility Dear Mr. Mehta: www.goosyntec.com 22 May 2023 Geosyntec Consultants (Geosyntec) prepared this project management report to address the professional services for the 2022 Permit Compliance Monitoring and Reporting project at the Indian River County (IRC) landfill facility. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; (iv) a discussion of ongoing work; and (v) recommended actions for the site. The enclosed invoice reflects work that was performed through 5 March 2023. Table 1 provides invoicing detail for the project. PROJECT MANAGEMENT SUMMARIES Geosyntec's Proiect No. FL3738C: 2022 Permit Compliance Monitoring and Reporting — Indian River County Landfill Facility (IRC Work Authorization No. CCNA-2018 Work Order No. 14) Budget Overview Invoice No. 504206 (enclosed) dated 17 February 2023 for $3,798.10 is the 12th invoice for Project No. FL3738C. Listed below is a summary of the budget, including invoiced amount and remaining budget. Approved Budget: $209,505.32 Invoiced Amount: $209,505.32 Remaining Budget $ 0.00 Geosyntec is within the budget appropriated for this project. FL3738-01\FL3738C JL23013 engineers I scientists I innovators 478 Mr. Himanshu H. Mehta, P.E. 22 May 2023 Page 2 WORK COMPLETED TO DATE The tasks performed under this invoice include the reporting for the TRS flare testing; quarterly monitoring for methane; miscellaneous technical support; and project administration, including project management/invoicing. WORK REFLECTED ON ENCLOSED INVOICE Labor reflected on the enclosed invoice is mainly attributed to the following: • Labor indicated as professional services ($3,798.10) is associated with the items listed above, including project management. • Other expenses are associated with communications fee and are built into the lump sum amount above. ONGOING WORK This is the last invoice for the project. RECOMMENDED ACTIONS None ["11111 19 N Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at 561.922.1087. Sincerely, G4)-Ik � Cristina Graver, RE Senior Engineer Enclosure — Invoice No.495217 FL3738-01\FL3738C JL23013 engineers I scientists I innovators 479 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FL3738C IRC — 2022 Permit Compliance Monitoring and Reporting Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount FL3738C/CCNA2018- WORK ORDER No. 14 463002 2/18/2022 $27,732.64 465330 3/15/2022 $6,634.57 468083 4/28/2022 $13,344.90 473902 6/20/2022 $34,083.13 479154 7/20/2022 $12,739.68 481619 8/15/2022 $29,183.49 484487 9/14/2022 $13,509.35 486235 10/3/2022 $19,493.97 491828 11/29/2022 $4,921.84 495217 12/15/2022 $4,444.31 502402 2/17/2023 $39,619.34 504206 3/8/2023 $3,798.10 TOTAL $209,505.32 FL373 8-0 1 \FL3738CJL23013 480 Geosyntec* consultants INDIAN RIVER COUNTY SWDD 1325 74TH AVENUE SW VERO BEACH, FL 32968 Attention: HIMANSHU MEHTA, P.E. PLEASE REMIT PAYMENT TO: Geosyntec Consultants 900 Broken Sound Parkway NW, Suite 200 Boca Raton, Florida 33487-2775 USA Tel (561) 995-0900 Fax (561) 995-0925 Invoice # : 504206 Project : FL3738C Invoice Date : 3/8/2023 For Professional Services Rendered through transaction date: 3/5/2023 Total Invoiced Project Name: 2022 IRC COMPLIANCE MONITO REPORT 29,688.92 Total Invoiced Previously To Date 53,034.30 Total Invoiced Phase Fee Complete Billed 01) GC MEETING SUPPORT PM 29,688.92 100.00 28,204.47 To Date 2,313.65 23,136.50 Previously Total Invoiced a 28,569.68 Phase Fee Complete Billed 02) SEMI ANNUAL SMPL REPORT 53,034.30 100.00 53,034.30 Previously a Phase Fee Complete Billed 03) QTRL ASSESSMENT MONIT 75,075.92 100.00 75,075.92 Previously Phase Fee a Complete Billed 04) TITLE V PERMIT COMPLIANCE 23,136.50 100.00 20,822.85 Previously Phase Fee Complete Billed 05) MISC TECHNICAL SUPPORT 28,569.68 100.00 28,569.68 Amount Due Total Invoiced This Invoice To Date 1,484.45 29,688.92 Total Invoiced To Date 53,034.30 Total Invoiced To Date 75,075.92 Amount Due Total Invoiced This Invoice To Date 2,313.65 23,136.50 Total Invoiced To Date 28,569.68 481 Statement Prior Billings $205,707.22 Current Invoice $3,798.10 Billed To Date (Includes Retainage) $209,505.32 Paid To Date $166,087.89 Total Contract Fee $209,505.32 Total % Complete To Date 100.00 % Total Fee Earned To Date $209,505.32 Less Previous Billings $205,707.22 Total This Invoice $3,798.10 —Amount Due this Invoice— $3,798.10 Project Budget $209,505.32 Billed to Date $209,505.32 Contract Balance $0.00 —Amount Due This Invoice— $3,798.10 482