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HomeMy WebLinkAbout08/15/2023ORIVt BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, AUGUST 15, 2023 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Joseph H. Earman, District 3, Chairman John A. Titkanich, Jr., County Administrator Susan Adams, District 1, Vice Chairman William K DeBraal, 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 Wesley Davis, Property Appraiser 3. PLEDGE OF ALLEGIANCE John Titkanich, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating August 31, 2023 as International Overdose Awareness Day Attachments: Proclamation 5.B. Presentation of Proclamation Recognizing Colonel Marty Zickert Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of June 06, 2023 6.B. Regular Meeting of June 20, 2023 August 15, 2023 Page 1 of 12 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Florida Public Service Commission Consummating Order No. PSC -2023 -0197 -CO -EQ. Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company, is on file for review in the Office of the Clerk to the Board. (File ID: 23-0650) 7.B. Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the Clerk of the Circuit Court prior to January 1, 2022, is on file in the Office of the Clerk to the Board. 7.C. 3rd Quarter FY 2022/2023 Budget Report Attachments: Staff Report 3rd Quarter Budget Report 7.D. Indian River County Venue Event Calendar Review Attachments: Event Calendar 7.E. 2024 Holiday Schedule Attachments: Staff Report 7.F. WeatherSTEM Phase 1 Extension of State -Funded Maintenance Costs Attachments: Staff Report Memorandum from FDEM 7.G. Route 60 Hyundai and The Chiarenza Agency Parks & Recreation Sponsorship Attachments: Staff Report Route60 Sponsorship Agreement 7.11. Notice of Extension to Contract for Construction of Required Roadway Improvements to 8th Street for Hampton Park PD (Re: Right -Of -Way Permit No. 2022010843) Attachments: Staff Report 7.I. Indian River County Draft Lagoon Management Plan Comment Period Update Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments June 30, 2023 to July 6, 2023 Attachments: Comptroller Division Staff Report 8.B. Checks and Electronic Payments July 7, 2023 to July 13, 2023 Attachments: Comptroller Division Staff Report August 15, 2023 Page 2 of 12 8.C. Checks and Electronic Payments July 14, 2023 to July 20, 2023 Attachments: Comptroller Division Staff Report 8.D. Checks and Electronic Payments July 21, 2023 to July 27, 2023 Attachments: Comptroller Division Staff Report 8.E. Checks and Electronic Payments July 28, 2023 to August 3, 2023 Attachments: Comptroller Division Staff Report 8.F. Approval of Public Official Bond for Constitutional Officer - Ryan L. Butler Attachments: Clerk Memorandum Public Official Bond - Ryan L. Butler 8.G. Agreement between PCP Tactical, LLC and The Board of County Commissioners Indian River County Florida Attachments: Staff Report RFI Shooting Range PCP Tactical LLC, Gorilla Ammo RFI Response Agreement 8.H. Amendment No.I to Work Order No. #2 for Carter Associates, Inc. for Design and Engineering Services for the Public Access Improvements on Sebastian Harbor Preserve Conservation Area. Attachments: Staff Report Amend1 to W02 Scope of Work 8.I. Florida Inland Navigation District Project Agreement Amendment for #IR -20-69 (Jones' Pier Museum Exhibits) Attachments: Staff Report Project Agreement Amendment 8.1 Florida Inland Navigation District Project Agreement Amendment for #IR -21-71 (Environmental Learning Center Dock Replacement) Attachments: Staff Report Project Agreement Amendment August 15, 2023 Page 3 of 12 8.K. Approval of Amendment 3 with the Florida Fish & Wildlife Conservation Commission (FWC) Contract No 00252 Attachments: Staff Report Concessionaire Contract FWC Contract Amendment 1 FWC Contract Amendment 2 FWC Contract Amendment 3 8.L. Modification to Subgrant Agreement Between the Division of Emergency Management and Indian River County for the Elevation of the Historic Jones (Contract Number H0566) Attachments: Staff Report Modification to Subgrant Agreement 8.M. Award of Bid 2023054 - Hosie Shumann Basketball Court Replacement Attachments: Staff Report Agreement 8.N. Waiver of Requirement for Bids for Vac -Con Hydro -Excavator Truck Attachments: Staff Report Vac Con Quote 8.0. Second Amendment to Supplemental Building Inspector Services Agreement with M.T. Causley, LLC Attachments: Staff Report Second Amendment 8.P. Second Extension and Amendment to Agreement for Annual Beach Parks Mowing and Grounds Maintenance (Bid #2020036) Attachments: Staff Report 8.Q. Miscellaneous Budget Amendment 07 Attachments: Staff Report 2022 2023 Resolution Exhibit "A" 8.R. Designation of Excess Equipment as Surplus and Authorization for Disposal and Donation Attachments: Staff Report Excess List for 081523 August 15, 2023 Page 4 of 12 8.S. Revision to Administrative Policy AM 1000.1 - Claim settlement authority Attachments: Staff Report Proposed Revisions 8.T. Rejection of Bids for 2023030 - Upper Floridan Aquifer South Well No. 1 Replacement Attachments: Staff Report 8.U. Authorization to Purchase Replacement Rescue Unit Attachments: Staff Report SFEV Quote dated August 8, 2023 8.V. Final Ranking of Firms and Authorization to Negotiate - RFQ 2023051 for Engineering and Biological Support Services for Sector 4 Dune Renourishment Project Attachments: Staff Report 8.W. Dish Network Cell Site Lease Amendment Attachments: Staff Report First Amendment Boundary Survey Original Lease 8.X. First Amendment to TIGR Acquisitions III, LLC, Easement Agreement Attachments: Staff Report Easement Agreement Exhibit C Easement Agreement - executed 8.Y. Consideration of the Indian River County SHIP Program 2023 Annual Report Attachments: Staff Report SHIP Funds and Applicant Information Summary SHIP Annual Closeout Report for FY 2020-2021 SHIP Annual Report Certification Form 8.Z. GRBK GHO North Beach, LLC's Request for Final Plat Approval for a Subdivision to be known as Seaglass PD [PD -19-12-06 / 2004120424-92471] Attachments: Staff Report Location Map Final Plat Layout August 15, 2023 Page 5 of 12 8.AA. Acceptance and Approval of Expenditures for Emergency Management Preparedness Assistance (EMPA) State -Funded Subgrant Agreement (Agreement # A0370) Attachments: Staff Report FY 2023-2024 EMPA Agreement IRC Grant Form 8.AB. Legal Services - Labor and Employment Matters Attachments: Staff Report Fisher & Phillips Engagement Letter 8.AC. Approval of Blue Medicare Advantage Renewal Attachments: Staff Report BlueMedicare Advanced Platinum PPO eff. October 1, 2022 BlueMedicare Master Agreement 8.AD. Approval of Renewal of County's Stop Loss Policy with OptumHealth FY23/24 Attachments: Staff Report 8.AE. 66th Avenue from 69th Street to CR-510/85th Street Amendment No. 11 - Kimley-Horn & Associates, Inc. (IRC -1505B) Attachments: Staff Report Amendment No. 11 8.AF. Amendment No. I to Work Order No. 8 Ecological Associates, Inc. HCP Sea Turtle Monitoring North and South County Attachments: Staff Report Revised Scope Amendment No. 1 Execution 8.AG. Approval of Extension to Memorandum of Understanding between Humane Society of Vero Beach & Indian River County Florida Inc. and the Indian River County Board of County Commissioners Attachments: Staff Report MOU 8.AH. Request from National Health Transport, Inc. for a Class "B" Certificate of Public Convenience and Necessity to Provide Non -Emergency Ambulance Inter -Facility transports Originating from Indian River County Attachments: Staff Report Certificate August 15, 2023 Page 6 of 12 8.AI. Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program Attachments: Staff Report Resolution 8.AJ. Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program for Federal Fiscal Year 2024 Attachments: Staff Report Resolution Exhibit A to Reso 8.AK. Request to move forward with Voluntary Dismissal of Claim against Suncor Ft. Pierce, LLC. Attachments: Staff Report Memo to BCC 12-6-22 Fence Inspection Report 7.17.23 &AL. Resolution Cancelling Taxes - Purchased from Willie James Cobb Attachments: Staff Report Resolution Warranty Deed &AM. Contract for Deputy County Attorney Susan Prado Attachments: Staff Report Employment Agreement 8.AN. Approval of Medical Examiners Building Ground Lease Attachments: Staff Report Aerial Photo Ground Lease Exhibit A to Ground Lease 8.AO. Work Order No. 2 to Bowman Consulting Group, LTD., for West Wabasso Septic to Sewer Phase 3A Construction Phase Services Attachments: Staff Report Work Order No 2 - West Wabasso Phase 3A 8.AP. Payment for Replacement of Backflow Device and Installation of Protective Cage at Gifford Youth Achievement Center Attachments: Staff Report Invoice 070723 August 15, 2023 Page 7 of 12 8.AQ. Amendment 2 to Kimley-Horn Work Order No. 15 - Nora Park Sewer Rehabilitation Attachments: Staff Report John Boyer's Email re Ixora Park - Kimley Horn Services Amendment 2 and Scope of Work &AR. Termination of Reclaimed Water Agreement with John's Island Water Management Attachments: Staff Report Termination of Reclaimed Water Agreement 8.AS. Application for Florida Recreation Development Assistance Program (FRDAP) Grant for West Wabasso Park Playground Attachments: Staff Report Grant Form &AT. Indian River County Code Chapter 309, Fair Housing - Annual Report Attachments: Staff Report 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Supervisor of Elections Leslie Rossway Swan re: Approval to Trade In EViD Compact Units for the EViD Edge Model Attachments: Supervisor of Elections Memo 9.B. Indian River County Sheriff Eric Flowers re: FY23 Auction Proceeds Attachments: Sheriffs Memo - Auction Proceeds 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Public Hearing to Adopt SWDD Rate Resolution 2023-001 (Legislative) Attachments: Staff Report Resolution 2023-001 B. PUBLIC DISCUSSION ITEMS 10.B.1. Public Discussion Request from SCLCIRC-GEMPO, M. Gentrification of Gifford Attachments: Public Discussion Request Article of Organization for GEMPO, LLC 10.B.2. Public Discussion Request from SCLCIRC-GEMPO, D. Gentrification of Gifford Attachments: Public Discussion Request GEMPO Article of Organization for GEMPO, LLC Wright re: The Jennings re: The August 15, 2023 Page 8 of 12 10.B.3. Public Discussion Request from SCLCIRC-GEMPO, W. Crawford re: The Gentrification of Gifford Attachments: Public Discussion Request GEMPO Article of Organization for GEMPO, LLC 10.11.4. Public Discussion Request from SCLCIRC-GEMPO, E. Holmes re: The Gentrification of Gifford Attachments: Public Discussion Request GEMPO Article of Organization for GEMPO, LLC 10.B.5. Public Discussion Request from SCLCIRC-GEMPO, A. Stewart re: The Gentrification of Gifford Attachments: Public Discussion Request GEMPO Article of Organization for GEMPO, LLC 10.11.6. Public Discussion Request from SCLCIRC-GEMPO, J.B. Jennings re: The Gentrification of Gifford Attachments: Public Discussion Request GEMPO Article of Organization for GEMPO, LLC 10.B.7. Public Discussion Request from Miss B's Learning Bees re: Fees for Renting IG Center Attachments: Public Discussion Request Miss B's Learning Bees 10.B.8. Public Discussion Request from Dr. Miles Conway, President of the South Beach Property Owners Inc. re: State of Florida Proposed Legislation to Preempt to the State Indian River County Authority to Regulate Rentals Attachments: Public Discussion Request M.Conway C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing for August 29, 2023, to Consider an Ordinance Concerning Fines For Vacation Rental Violations Attachments: Staff Report 10.C.2. Public Notice of Public Hearing for August 29, 2023, to Consider an Ordinance Imposing An Additional Cent of Tourist Development Taxes and Reallocating the Authorized Uses of Tourist Development Tax Revenue Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS August 15, 2023 Page 9 of 12 11.A. First Amendment to the Collective Bargaining Agreement between Indian River County and Teamsters, Local Union No. 769 - FY23/24 General Wage Increase Attachments: Staff Report Exhibit A First Amendment to Article 33 - Wages 11.B. Memorandum of Agreement between Indian River County/Indian River County Emergency Services District and IAFF, Local Union No. 2201 - FY2023/24 Providing General Wage Increase and Returning to Average Pay Attachments: Staff Report Memorandum of Agreement 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works 12.G.1. CR -510 FDOT Widening Concept - Possible Closure of Existing Old Dixie Railway Crossing Attachments: Staff Report Old Dixie FEC Railway Crossing Map Old Dixie FEC Railway Crossing Sebastian CR 510 Alternative 3 H. Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Joseph H. Earman, Chairman B. Commissioner Susan Adams, Vice Chairman 14.B.1. Oslo Cemetery Attachments: Commissioners Memorandum Oslo Cemetery Burial Site Names Minutes October 4, 2022 August 15, 2023 Page 10 of 12 C. Commissioner Joseph E. Flescher D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of the Solid Waste Disposal District Meeting Minutes of June 06, 2023 15.11.2. Approval of the Solid Waste Disposal District Meeting Minutes of June 20, 2023 15.B.3. Agreement with Kessler Consulting for Landfill and Customer Convenience Centers Procurement Assistance and Contract Extension Request with Republic Services Attachments: Staff Report Proposal from Kessler Consulting Inc Draft Agreement 15.11.4. Renewal with Tiger Inc for Sale and Purchase of Natural Gas Attachments: Staff Report Transaction Confirmation #2 15.B.5. Amendment No. 4 to Sitecrafters of Florida Attachments: Staff Report Amendment No 4 C. Environmental Control Board 16. ADJOURNMENT August 15, 2023 Page 11 of 12 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.irc og v.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6.00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. August 15, 2023 Page 12 of 12 ProcCamati"'M Designating August 31, 2023 as International Overdose Awareness Day -Whereas, International Overdose Awareness Day is a global event held on the 31 st of August each year that aims to raise awareness of overdose and reduce the stigma of drug-related deaths; and Whereas, opioid misuse and overdose has increased dramatically across the country, in Florida, and in Indian River County with a 200% increase in overdose calls from 2019 to 2022 in Indian River County alone; and -Whereas, according to Florida Health Charts, in 2022 there were 624 reported overdoses, 290 naloxone (aka Narcan) administrations, and 60 reported deaths, representing an increase in deaths from the 55 reported deaths in 2021; and -Whereas, International Overdose Awareness Day is one opportunity to remember community residents, friends, and family that have been lost to overdose death and to promote strategies that can prevent future overdose deaths; and -Whereas, access to naloxone is proven to reduce the prevalence of drug overdose death; and Whereas, the Indian River County Commissioners are dedicated to protecting the health and safety of our community and educating our residents on the dangers of substance misuse, including Fentanyl which is driving the increase in overdose rates and now can be found in many substances of abuse. Now, therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, FCorida, that August 31, 2023, be designated as International Overdose Awareness Day, and call upon our community to observe this occasion with compelling programs and events that support this year's observance. Adopted this 15th day of August, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss ProcCamatio'm Honoring Colonel Martin James Zickert, USAF, Retired -Whereas, Marty was born in Greenwood, Wisconsin in 1941, where he lived until enlisting in the United States Air Force on January 2, 1962 and served his country for more than 30 years before retiring to Vero Beach in 2001; and -Whereas, Marty was a true leader, patriot, mentor and friend to all who knew him and was the recipient of medals of distinction including the Legion of Merit, Distinguished Flying Cross, Air Medal with one Oak Leaf Cluster, Air Force Outstanding Unit Award with Valor Device and five Oak Leaf Clusters, Vietnam Service Medal with three Devices among others; and -Whereas, Marty had a special passion for helping Veterans from all branches of service and was a natural advocate dedicated to making sure young Veterans returning home from deployment would have a proper support system in place; and -Whereas, Marty was a proud leader and President of the Veterans Council of Indian River County which serves over 15,000 veterans of all wars past and present, in addition to being instrumental for local chapters of United Way, Military Officers Association of America, Vietnam Veterans of America Chapter 1038, founding member of Next Generation Veterans of Indian River County, The Victory Center, and also served as the Vero Beach Air Show Blue Angels Liaison which was very special to him; and -Whereas, The Veterans Council of Indian River County in partnership with the Zickert Family have created the Colonel Martin J. Zickert Memorial Fund to benefit direct aid programs for Veterans in Indian River County which will ensure that Marty's legacy lives on; and WOW, 9 -HEREFORE, BE 17- PROCL-9UMED By 9 -HE BOARD OF COUNTY COQ J� 9SSIONERS OF ]NDIAW RIVER COUNTY, F.CORID-A that after a life well lived, Colonel Martin James Zickert's impact on our community and on the lives of Veterans is remembered with great appreciation and that the Board, on behalf of the County, wishes to express our sincere gratitude, knowing that Marty has left an endearing legacy etched in the hearts of all he encountered. Adopted this 15th day of August, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph Earman, Chairman Susan Adams, Vice Chairman Joseph Flescher Laura Moss Deryl Loar F1L 771312023 DOCUMENT NO. 04063-2023 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In m-. Petition for approval of renewable. DOCKET NO. 20230046 -moi energy tariff and standard of%r contract, by ORDER NO. PSC-2023-0197-COIE Fl .da Por1;,1 ht Cvm n . ISSY1i: Jay 110.23 , 2 BY THE COMMISSION: By Order No PSC -2023-81 WPAA-EQ, issued. Jug 21, 2023, this Commission proposed to .take certain action, subject, to a Petition for Forml Pro ling as provWW in Ruffle 2.5-22.029,, Florida Administrative Code. Flo response: has, been Bled to the order, in regard the above mentioned sleet. It 4. thereforei ORDERED by the Florida Public Servim Csmissim that Order No PSC -2023 -0180 - PAA -EQ has become: effective and final, It. is leak+ ORDERED that this docket shall be closed, By ORDER of the Florida Public nervi za. Won this da< ' Copies fb shed: A copy of this dboumot Is provided.tq. the pardes of record at the time of issuanm=4 If qplicable, Interested persons, JDI ORDER NO. PSC -2023 -0197 -CO -EQ DOCKET NO. 20230046 -EQ PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater 'utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. 2-2 Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION IRC CLERK OF THE CIR CUIT COURT PO BOX 1028 NOTICE OF UNCLAIMED VERO BEACH, FL 32961-1028 MONEYS Unclaimed moneys for Cash STATE OF WISCONSIN Bonds, Garnishment Surplus, Non Resident Cost Bonds, COUNTY OF BROWN Small Claims Garnishments, Small Claims Non Resident Cost Bonds deposited with the Before the undersigned authority personally appeared, who on Clerk of the Circuit Court, oath sa s that he or she is the Le al Coordinator of the Indian Y 9 prior January 1, for the followin defendaantsnts will River Press Journal, published in Indian River County, Florida: that be forfeited9 to the Indian the attached co of advertisement, being a Public Notices was copy g River County Clerk of Court unless claimed by the deposi- published on the publicly accessible website of Indian River for of the cash bond by Sep- Florida, or in a newspaper b rint in the issues of, on: County,Y p a zom temberCoun Unclaimed Unclaimed moneys for Jury Checks issued in the year 2021. For a listing of defendants and for information to claim 07/05/2023 the balance, please visit our website at www.indianrivercl e_rk.c_o_m. Click on Depart- ments, Other Services then se- lect Unclaimed Monies. Click on the •'2023 Unclaimed Affiant further says that the website or newspaper complies with Cash n ' Click o on the "2023 Unclaimed all legal requirements for publication in chapter 50, Florida Garnishment Funds" Statutes. Click on the "2021 Uncashed Jury Checks" Pub: July 5, 2023 TCN5753300 Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on July 5, 2023: Notary, Stat WI, County Of Brow ry� My commission expires l `j KAITLYN FELTY Notary Public State of Wisconsin c<o Publication Cost: $58.14 C Ad No: 0005753300 �/o Customer No: 1309493 �R PO #: Notice of Unclaimed Moneys F # of Affidavits l s INFORMATIONAL ITEM Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: July 13, 2023 SUBJECT: 3rd Quarter FY 2022/2023 Budget Report FROM: Kristin Daniels Director, Office of Management & Budget Following is the quarterly report for the third quarter of fiscal year 2022/2023. 3 M L O t: N � M ii n Lo s4 0 m 0 U C N N T O r rn O C O U N 0 u C � d 57 OLN N n w o b\ co O N `o N eH 0 0 m U C N N T O L D O L 6\ M 6\ T M i v O_ 70 c D u - N (D U a 0- E E H i N t e CQ O ► d c o O a E O U O m �a 3 ° r Iq `o P LL E CL pUp a F O d 7 .'p O `m a `o o 0) C COL o o ` E N CL pU� L 7 b p O r n Y `o O d 2 - h O `g O a a 6\ o N O N Cl) e 9 m 10 N co � t N 'C) 10 Al, i a a 0 T c OL O 9 C14 G -0 o c aai ` T ! 0 a � m o E N U 'O r r n }O a O n a yN�NC�C1vn aPOO O Uq7` E) O O0CL M1OvON J "a LY (U U O O c CL a' � O N O N DCL 7 C1 E a)U 0 O 6\ ol a Cl) ■ IL N I T C �U B c i a a i ^` W I i I C m a C C d � � N C G C i m } °o 1 I i M i i I C O t 5 N d W m2 C 'a O s -o �. `ao a► f v CL p u c 0 a h ` U O c v � U u v c v 'u mo C L C v a U d 0 � m f m c a U U ami 6\ � U ii n Lo s4 0 m 0 U C N N T O r rn O C O U N 0 u C � d 57 OLN N n w o b\ co O N `o N eH 0 0 m U C N N T O L D O L 6\ M 6\ T M i v O_ 70 c D u - N (D U a 0- E E H i N t e CQ O ► d c o O a E O U O m �a 3 ° r Iq `o P LL E CL pUp a F O d 7 .'p O `m a `o o 0) C COL o o ` E N CL pU� L 7 b p O r n Y `o O d 2 - h O `g O a a 6\ o N O N Cl) e 9 m 10 N co � t N 'C) 10 Al, i a a 0 T c OL O 9 C14 G -0 o c aai ` T ! 0 a � m o E N U 'O r r n }O a O n a yN�NC�C1vn aPOO O Uq7` E) O O0CL M1OvON J "a LY (U U O O c CL a' � O N O N DCL 7 C1 E a)U 0 O 6\ ol a Cl) ■ IL N I T C �U i G i c N ^` W m a C CL � � N C Oi m } °o c t 5 i G i N m N 0 O Cl) N N a. 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N W A C O 0 C 0 x x W D D � Z LU o X N W N NVER c 71D �G Indian River County Venue Event Calendar — August 15- September 15, 2023 For more www.ircgov.com INDIAN RIVER COUNTY LAGOON MANAGEMENT PLAN DEVELOPMENT PUBLIC WORKSHOP August 17 @ iG Recreation Center • 6pm • In-person with Virtual Option to Attend —Open to the Public 2023 YOUTH — FALL FLAG FOOTBALL LEAGUE Beginning September 16 @ Dick Bird South County Regional Park Complex • Registration due by August 18. $45/child. ➢ Co -Ed League, Ages 4-14. ➢ Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! HOT SUMMER NIGHTS PICKLEBALL PARTY Saturday nights @ iG Recreation Center • 5-8 p.m. $5/person + tax. ➢ All ages welcome, registration limited to 50 players / night. ➢ Join the iG staff for a fun night of pickleball, a different theme every week. ➢ Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! SENIOR WALKING CLUB— NEWM • Tuesdays @ 8:30am @ MLK, Jr. Walking Trail & Park. Free! • Tuesdays @ 9:30am @ Victor Hart Sr. Community Enhancement Complex. Free! ➢ Led by Certified Walk with Ease Instructor & Recreation Leader Sarah Eiswerth PICKLEBALL CLASSES — WITH DEREK PRINCE August 25; September 11, 20 @ iG Recreation Center • 12:30-2 pm, $30 per class ➢ Beginner Pickleball Levels I — III / Pickleball Doubles Strategy / Intro to Pickleball ➢ Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! 2023 ADULT — FALL BASKETBALL LEAGUE Beginning September 18 @ iG Center • 6:00 p.m. Mondays and Wednesdays. Registration due by September 8. $475/team. ➢ Limited to 12 teams. ➢ Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! 22 SWIM LESSONS Private swim lessons are available through the fall and winter • $80 per person, Scholarships available for those who qualify. ➢ The cost includes 4-25 minute lessons ➢ For information, call the North County Aquatic Center at772-226-1175 of the Gifford Aquatic Center at 772-226-1175 AQUAFIT Tues, Thurs, Year -Round @ North County Aquatic Center • 9:30am-10:30am. Cost $4 or you can purchase a punch card for $28.00 for 8 classes, all ages. ➢ Move along to music as you perform instructor -guided moves designed to improve cardiovascular function, increase core strength, develop better, and burn calories. Let's make the water work for you. ➢ These low impact, high energy workouts are sure to make fitness fun year-round. ➢ Flotation belts and water barbells are available at no charge. ➢ For more information, contact the North County Aquatic Center (772) 226-1752. 100 MILE SWIMCLUB Lap swimming is now more exciting! All ages are welcome. • Get started by setting a personal goal, whether you want to swim 5 miles or 500. Sign up all year long by visiting our aquatics desk. Annual membership $10.00 for local tracking, (laps swam at North county or Gifford Aquatics pool) or 15.00 for Global tracking, (laps swam anywhere) valid January -December. ➢ All participants reaching the 100 miles will receive a yearly certificate indicating the total miles swam. ➢ All participants will be invited to the end of the year potluck and recognition ceremony. ➢ Swimmer who swim 100 miles at North County and Gifford Aquatic Centers, within the year, will receive an exclusive 100 Mile Swim Club T-shirt. ➢ Sign up at either facility today and just keep swimming! 2023 ADULT — THURSDAY NIGHT FALL KICKBALL LEAGUE Beginning September 28 @ Dick Bird South County Regional Park Complex • 6:00 p.m. registration due by September 15. $500/team. ➢ Limited to 12 teams. ➢ Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! 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. 23 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. ➢ Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! 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. ➢ Go to www.ircgov.com/parksandrecreation to register or ca11772-2 26-1780! 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. ➢ Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! MAHJONG Tuesdays and Thurdays @ iG Center • Tues 10am-1:30pm and Thurs fpm-3:30pm. Cost $12 ➢ Tile sets are provided as you play in groups of 3-4. ➢ Please bring your own Mahjong card. ➢ Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! QI GONG — NEW CLASS! Tuesdays @ iG Center • 10:OOam-11:OOam. Cost $12 ➢ No special clothing or equipment required. Stand or Sit. Walk-ins welcome. ➢ Leave refreshed, relaxed and joyful. ➢ Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! OPEN PLAY PICKLEBALL Mon, Wed and Fri @ iG Center • 9am-12pm and 12:30pm-3:30pm. Cost $3 Saturdays @ iG Center • 9am-12pm. Cost $3 ➢ Pickleball is played in the gymnasium (6 courts) as either singles or doubles with a paddle and a plastic whiffle ball. Please bring your own equipment. ➢ Call 772-226-1780 for more information. 24 PRE-SCHOOL TUMBLING Fridays @ iG Center • 10:15am, fpm and 4pm. Cost $3 pre -registered; $5 at the door ➢ 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! ➢ Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! RIMFIRE CHALLENGE Last Saturday of every month @ IRC Shooting Range • 9am. Cost $12.60 standard range fee ➢ Open to all levels of shooting enthusiasts. It can be for fun, personal improvement or in preparation for a competition. No registration required. ➢ For more information call 772-226-3096. SHINE DANCE WITH CRYSTAL Saturdays @ iG Center • 9:30am-10:30am. Cost $10 ➢ Full body cardio and toning workout based in traditional jazz, ballet and hip-hop. ➢ Get ready to sweat, smile, shimmy and shake your worries away. Walk-ins welcome. ➢ Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! 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. 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. 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. ➢ Go to www.ircgov.com/parksandrecreation to register or call 772-226-17801 25 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 $8 ➢ Mix between Yoga and Pilates. Walk-ins welcome. ➢ Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! YOUTH OPEN GYM BASKETBALL Mondays, Wednesdays and Saturdays @ iG Center • Mon and Wed, 4pm-5:45pm, Sat, 1-4 pm. Cost $2 ➢ Unstructured activity time where the gymnasium is available to Youths (17 and under) to practice skills, shoot hoops, and play pick-up games. ➢ Call 772-226-1780 for more information. 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. 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. 26 INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM TO: The Honorable Board of County Commissioners THRU: John A. Titkanich, Jr., County Administrator FROM: Suzanne Boyll, Human Resources Director DATE: July 21, 2023 SUBJECT: 2024 Holiday Schedule The following is the schedule of holidays for Indian River County employees for 2024 Holiday County Observance New Year's Day Monday, January 1, 2024 Martin Luther King Jr. Day Monday, January 15, 2024 Good Friday Friday, March 29, 2024 Memorial Day Monday, May 27, 2024 Independence Day Thursday, July 4, 2024 Labor Day Monday, September 2, 2024 Veterans Day Monday, November 11, 2024 Thanksgiving Day Thursday, November 28, 2024 Day after Thanksgiving Friday, November 29, 2024 Christmas Eve Tuesday, December 24, 2024 Christmas Day Wednesday, December 25, 2024 New Year's Day Wednesday, January 1, 2025 By: John A. Titkanich, Jr., County Administrator Date 27 7f INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director, Department of Emergency Services FROM: Erin Sawyer, Mitigation & Recovery Specialist Department of Emergency Services DATE: July 24, 2023 SUBJECT: WeatherSTEM Phase 1 Extension of State -Funded Maintenance Costs Background: On November 5, 2019 Indian River County entered into a Memorandum of Agreement (MOA) with the Florida Division of Emergency Management (FDEM) for the use of WeatherSTEM stations, with FDEM agreeing to be responsible for the maintenance, repair, software updates and any other costs associated with the Weather Station for three (3) years. The MOA was due to expire on June 30, 2023. On June 28, 2023, a memorandum from FDEM was received by Indian River County Division of Emergency Management with notification that they would be extending the funding of the costs for the Weather Station for an additional three (3) years, which will now expire on June 30, 2026. All provisions of the MOA shall remain in full force and effect. Recommendation: No action by the Board is necessary Attachments: 1. Memorandum from Florida Division of Emergency Management 28 DIVISION OF Ron DeSantis Governor STATE OF FLORIDA EMERGENCY MEMORANDUM TO: FROM: Amy Godsey, Chief State Meteorologist DATE: March 10, 2023 MANAGEMENT Kevin Guthrie Director SUBJECT: WeatherSTEM Phase 1 Extension of State -Funded Maintenance Costs To Whom it May Concern: During the 2022 Florida Legislative Session, Specific Appropriations Project #1166 under House Bill 3385 appropriated $971,400.00 in nonrecurring funds from the General Revenue Fund for the "Florida Severe Weather Mesonet" to the Florida Division of Emergency Management. Part of this appropriation will be used to provide three (3) years of maintenance costs for the forty-eight (48) stations installed during the FY19-20 Mesonet Project completed by the Division in cooperation with WeatherSTEM, Inc. The initial installation included the WeatherSTEM real-time weather monitoring equipment and three years of maintenance costs. According to our records, (insert number of stations) WeatherSTEM stations were installed in Indian River County as part of the Florida Severe Weather Mesonet Project during fiscal year 2019-2020. Details for the station(s) are as follows: Name of Station Physical Address Serial Number Install Date FSWN Fire Rescue Station 5 6580 Old Dixie Hwy, Vero Beach, FL 32967 2-10048 01/23/2020 The purpose of this memorandum is to notify Indian River County that the State of Florida Division of Emergency Management will fund all maintenance costs associated with the aforementioned station(s) for three (3) additional years, expiring on June 30, 2026. Starting July 1, 2026, Indian River County will be responsible for all remaining maintenance costs for the remainder of the ten (10) year term, or end of life for the station, whichever is sooner, as stated and agreed to in the original MOU, signed by (insert POC from original MOU). WeatherSTEM's three year maintenance agreement includes, but is not limited to, yearly visits to the equipment for routine maintenance and troubleshooting, parts replacement for hardware and unit's associated infrastructure, cellular connectivity costs accused from 29 the wireless provider of the system, and software costs associated with web, mobile, and social media interfaces. Attached to this memorandum is the initial executed agreement between the Florida Division of Emergency Management and Indian River County for reference. Any, questions related to this project and funding agreement may be sent to: Sincere! , Am odsey Chief Meteorologist Florida Division of Emergency Management Amy.Godsey@em.myflorida.com 850-519-8483 30 r MEMORANDUM OF AGREEMENT FOR USE OF WEATHERSTEM STATIONS BETWEEN THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND INDIAN RIVER COUNTY This Memorandum of Agreement ("MOA") is entered into by and between the Florida Division of Emergency Management ("FDEM") and Indian River County ("Recipient"). WHEREAS, the Florida Legislature appropriated $970,000 to the Executive Office of the Governor, Division of Emergency Management, to fund the Florida Severe Weather Mesonet — WeatherSTEM; WHEREAS, the purpose of this appropriation was to provide FDEM with hyper -local, real-time weather data in strategic locations to provide critical information to assist in the deployment of resources to impacted areas during times of severe weather; WHEREAS, FDEM has contracted with WeatherSTEM for the purchase and installation of fifty (50) weather monitoring systems ("Weather Station") in designated locations throughout the state, including maintenance for three years; WHEREAS, FDEM has coordinated with the counties where the Weather Stations would be installed; WHEREAS, ownership of the Weather Stations will be transferred to the Recipient upon installation; WHEREAS, to ensure that this mesonet continues to benefit the state, the Recipient will agree to maintain each Weather Station it receives for at least an additional seven (7) years following the end of the WeatherSTEM maintenance agreement; NOW THEREFORE, in consideration of the mutual promises and conditions herein contained, the Parties agree to the following terms: 1. Recipient agrees to take ownership of the Weather Station(s) within its geographical control from FDEM immediately upon installation of the Weather Station. 2. FDEM agrees to prepay for the maintenance of the Weather Stations for three (3) years following its installation. . 3. Recipient expressly agrees to be fully responsible for the maintenance, repair, software updates, and any other costs of the Weather Station(s) for the duration of their estimated lives following the expiration of the three (3) year maintenance agreement with WeatherSTEM. A Weather Station's expected equipment life is estimated to be ten (10) years. Page 1 of 4 31 4. Recipient agrees to use the Weather Station(s) for their intended purpose and provide data to WeatherSTEM and its users as required by WeatherSTEM and FDEM. 5. Proof of installation of the Weather Station(s), to include a serial number, location address, and other relevant information, is incorporated by reference and shall be attached to this MOA without need for further agreement by the Parties. 6. All notices provided under or pursuant to this MOA shall be in writing, and sent via certified mail return receipt requested, along with a courtesy copy via electronic mail, to the representatives and addresses identified below: For FDEM: (name), (title) Amy Godsey, Chief State Meteorologist Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee FL 32399 (phone) B0-519-8483 (email) Amy.Godsey@em.myflorida.com For Recipient Tad Stone, Director Indian River County Emergency Services 4225 431d Avenue Vero Beach, FL 32967 (772) 226-3869 tstone(a�ircgov.com 7. Miscellaneous a. This MOA shall be governed by the laws of the State of Florida and venue shall be in Leon County, Florida. b. The Parties agree that nothing in this MOA serves to create an employer- employee relationship between FDEM and Recipient. c_ Any modification of this MOA, except the attachment of proof of installation of the Weather Station(s), or additional obligation assumed by either Party with regard to this MOA, shall be binding only if evidenced in writing signed by an authorized representative of each Party. d. This MOA shall not be construed against either Party and shall be deemed to have been drafted by both Parties. e. This Agreement creates neither a partnership nor a joint venture, and neither Party has the authority to bind the other. f. Nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of Section 768.28, F.S, Nothing herein shall be construed as consent by either Party to be sued by third parties. Page 2 of 4 32 g. Either Party may request changes to this MOA. Any changes, modifications, revisions or amendments to this MOA that are mutually agreed upon by and between the Parties to this MOA, shall be incorporated by written instrument and effective when executed and signed by all Parties to this MOA. h. This Agreement, upon execution, contains the entire agreement of the parties and no prior written or oral agreement, express or implied, shall be admissible to contradict the provisions of this Agreement IN WITNESS WHEREOF, the parties hereto have caused this MOA to be executed by their undersigned officials as duly authorized. COUNTY FLORIDA DIVISION OF EMERGENCY MANAGEMENT November 5, 2019 Date Date APPROVED ffd I12UVED AS TO FOT DEPUTY K. EBRAAL DPUTY COUNTY ATTORNEY Page 3 of 4 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk 33 Addendum Proof of installation of the Weather Station(s), to include a serial number, location address, and other relevant information, is incorporated by reference and shall be attached to this MOA without need for further agreement by the Parties. Serial Number Address V( IAC ;'O� RI M �o,= 76 os r'x. INDIAN RIVER COUNTY, FLORIDA AGENDA MEMORANDUM �` • DEPARTMENT OF GENERAL SERVICES tP* PARKS & RECREATION DIVISION Date: August 3, 2023 To: The Honorable Board of County Commissioners Through: John Titkanich, Jr., County Administrator From: Michael Zito, Deputy County Administrator Beth Powell, Acting General Services Director Subject: Route 60 Hyundai and The Chiarenza Agency Parks & Recreation Sponsorship Staff is pleased to announce a generous one-year Parks and Recreation Sponsorship from Route 60 Hyundai and The Chiarenza Agency totaling $24,000. The Deputy County Administrator, Michael Zito, and the owner of the two local businesses, Mr. Chiarenza, met to discuss their mutual interest in furthering and expanding the County's Recreation mission and efforts to provide high quality recreation facilities and programming for the benefit of County residents. Route 60 Hyundai had previously been a sponsor of County Recreation programs before the COV D-19 pandemic. The local dealership and in-house Allstate Chiarenza Insurance Agency is committed to enhancing the lives of Indian River County residents. The Sponsorship Agreement provides a month to month sponsorship allocation of $2,000 per month with the ability for cancellation with a 30 -day notice. Funds will be deposited into the Donation Recreation Account 004038-366104 and expenses will be charged to project account 23044 - special events, athletics, and other operating supplies. Per the sponsorship agreement, funds will be used toward printing/development of the Fall/Winter Parks and Recreation Brochure, sponsorship of uniforms, recreation supplies and equipment, team/league underwriting, and other recreation specific costs that further the mission of the division. To recognize the sponsorship, the Parks and Recreation Division will feature Route 60 Hyundai and The Chiarenza Agency through marketing efforts on marquees, signs/banners, digital content, and on jerseys of ten youth basketball teams. They will also be featured in the Fall Parks and Recreation Brochure. Social media posts will also acknowledge the sponsorship throughout the year. RECOMMENDATION: No action by the Board is necessary, informational purposes only. APPROVED AGENDA ITEM FOR AUGUST 15, 2023 35 SPONSORSHIP AGREEMENT DATE: 1 ! ze 2 - BETWEEN: Route 60 Hyundai / Chiarenza Agency (Sponsor) Indian River County Parks & Recreation (Sponsee) TERMS OF AGREEMENT: 1. The Sponsee agrees to grant the Sponsor the following sponsorship rights: Thank you slides displayed on the daily rotation on the electronic billboard on Oslo Road at the iG Center and 58th Avenue at the Fairgrounds; Route 60 Hyundai and Chiarenza Agency printed on the uniforms of 10 youth basketball teams (5 per organization); Thank you slides displayed inside the two televisions inside the iG Center; Social Media blast on the Facebook pages of the iG Center and IRC Parks and Recreation thanking Route 60 Hyundai and Chiarenza Agency for their generous sponsorship; Route 60 Hyundai and Chiarenza Agency will be featured on the back cover of the Parks and Recreation Fall activities brochure. 2. The sponsorship will be for one year, beginning on July 15, 2023 and ending on July 15, 2024. 3. The Sponsor will pay Sponsee $2,000 per month, due on the 20th of each M., onth. 4. The Sponsee agrees to provide the Sponsor brand recognition in the form of advertising as highlighted above in sechon1. 5. Termination. Either party may cancel this Agreement without cause with 30 days' notice. Notice shall be provided to: a) Sponsee: Beth Powell Indian River County Parks and Recreation 1590 9th street SW, Vero Beach, Florida, 32962 b) Sponsor: Emma Chiarenza 8575 201h St. Vero Beach, Florida, 32962 6. Sponsor certifies that it and those related entities of Sponsor 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. Sponsee may terminate this Contract if Sponsor, 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. 7 Signe The rights of either party under this Agreement shall not be transferable or assignable either in whole or in part. d: The SponAbr General Manager Title 7/7/2023 Date William K DeBraaL County Attorney Susan J. Prado, Deputy County Attorney AGENDA: 8/15/2023 INFORMATIONAL ITEM Office of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Susan J. Prado — Deputy County Attorney DATE: August 7, 2023 SUBJECT: Notice of Extension to Contract for Construction of Required Roadway Improvements to 8th Street for Hampton Park PD (Re: Right -Of -Way Permit No. 2022010843) By Resolution No. 2019-089 adopted on October 1, 2019, the Board of County Commissioners delegated to the County Administrator or his designee, the authority to execute extensions to Contracts for Construction of Required Roadway Improvements for work to be performed under Section 312.11 of the Code of Indian River County, so long as the approval signature of the Public Works Director appeared on the extension document and that notice of such extension is presented as an informational item on a future agenda of the Board of County Commissioners. For your information, an extension document has been entered into between Meritage Homes of Florida, Inc, and Indian River County, whereby the date for completion of the roadway improvements to 8t' Street within County right-of-way relating to the Hampton Park PD project, has been extended to August 26, 2024. Additionally, the supporting security consisting of Bond No. SUI 187147 issued by Arch Insurance Company in the amount of $586,810.95 has been amended to extend the expiration date to August 26, 2024. 37 7� 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 Comment Period Update DATE: August 4, 2023 BACKGROUND On July 11, 2023, Coastal Division staff presented the Indian River County Draft Lagoon Management Plan (LMP) to the Board of County Commissioners (Board) for approval with the request to proceed with the public outreach and comment period. The draft LMP and request to open the comment period was unanimously approved by the Board. Staff, along with the Consultants Tetra Tech, have worked closely to coordinate and schedule the public and stakeholder meetings. DESCRIPTIONS AND CONDITIONS Immediately following Board approval on July 11th, Tetra Tech began scheduling meetings to seek input on the draft LMP as identified in Tetra Tech's Workorder No. 1. On July 19, 2023, staff posted the draft LMP on the County's website for public review and comment (https://ircgov.com/Lagoon-Management-Plan.htm). The website contains a link to the LMP, a public comment form, and announcements for the dates and times for the two public workshops. The first workshop was held on August 10th at 10:30 am at the North County Library. The second public workshop is scheduled for August 17, 2023 at 6:00 pm at the County's Intergenerational (IG) Center. This second event will include a virtual link for those unable to make it in person. The public workshops include participation of staff from the Coastal and Stormwater Divisions along with representatives from Tetra Tech. The open house style workshops provide attendees with access to the LMP, educational materials, and also includes a brief presentation on the goals of the LMP. Attendees are provided an opportunity to complete the online comment form or use a paper comment form if they choose, or to directly provide feedback to staff. In addition, Tetra Tech has scheduled stakeholder workshops which will be completed by August 311t. Upon completion of the Public Outreach Workorder, Tetra Tech will compile the comments for consideration of inclusion into the LMP and. work with staff to finalize edits. The final LMP is anticipated to be brought to the Board on September 26, 2023 for review. 38 Page 2 Draft Indian River Lagoon Management Plan Comment Period Update August 15, 2023 BCC Meeting FUNDING No additional funding is needed for this step in the development of the County's LMP. RECOMMENDATION No action from the Board is required at this time. 39 Indian River County Lagoon Management Plan Draft Pian Update Public Works Department Coastal Engineering Division August 15, 2023 08/15/2023 Item 7.1. • Quarterly Commission Updates Completed 17 Key Factors f Initial Draft Plan Completed Completed • One on One Commissioner Meetings • Public Outreach and Comment Period • Review and Address Comments In Progress! • Revise Final Plan and Incorporate Public Comments • Present Revised Final Plan to the Board for Adoption • Implement Restoration and Management Strategies Next step • Continue to Collect Data and Monitor Progress 08/15/2023 Item 7.1. Final LMP is anticipated to be presented to the Board on September 26, 2023 for consideration and adoption.` 3`i r 08/15/2023 Thank you! O��YERC� I � -ORVDi - Further questions or comments please send us an email at Coastal@ircgov.com Item 7.1. f (. 1 •"' 3 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: July 6, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 30, 2023 to July 6, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of June 30, 2023 to July 6, 2023. 40 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 438348 06/30/2023 FLORIDA WATER & POLLUTION CONTROL 255.00 438349 06/30/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 438350 06/30/2023 FLORIDA EMERGENCY PREPAREDNESS 150.00 438351 06/30/2023 FLORIDA EMERGENCY PREPAREDNESS 150.00 438352 06/30/2023 KRISTIN DANIELS 55.00 438353 06/30/2023 ADAM HELTEMES 0.00 438354 06/30/2023 RACE TO SAFETY TRAINING LLC 700.00 438355 06/30/2023 LESLIE N MUNROE 264.16 438356 06/30/2023 PATRICK TRAMEL 671.97 438357 06/30/2023 KEVIN GUENTHER 0.00 438358 06/30/2023 JORDAN MONTEROSSO 15.13 438359 06/30/2023 DANIEL HALE 0.00 438360 06/30/2023 WENDY SMITH 0.00 Grand Total: 2,586.26 41 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 902729 06/30/2023 SHER LLC 801.00 902730 07/03/2023 GRACES LANDING LTD 647.00 902731 07/03/2023 CREATIVE CHOICE HOMES XVI LTD 1,687.00 902732 07/03/2023 FLORIDA POWER AND LIGHT 84.00 902733 07/03/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 411.00 902734 07/03/2023 PELICAN ISLES LP 657.00 902735 07/03/2023 LAZY J LLC 461.00 902736 07/03/2023 COALITION FOR ATTAINABLE HOMES INC 615.00 902737 07/03/2023 ORCHARD GROVE VENTURE LLC 5,902.00 902738 07/03/2023 SREIT LEXINGTON CLUB LLC 2,658.00 902739 07/03/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 298.00 902740 07/03/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 3,684.00 902741 07/03/2023 JACOURT LLC 3,752.00 902742 07/03/2023 BREVARD COUNTY HOUSING AUTHORITY 2,219.16 902743 07/03/2023 GRACES LANDING LTD 13,272.00 902744 07/03/2023 BETTY DAVIS SCROGGS 760.00 902745 07/03/2023 CREATIVE CHOICE HOMES XVI LTD 13,136.00 902746 07/03/2023 DAVID YORK 574.00 902747 07/03/2023 ST FRANCIS MANOR OF VERO BEACH 1,570.00 902748 07/03/2023 TREASURE COAST HOMELESS SERVICES 2,231.00 902749 07/03/2023 FLORIDA POWER AND LIGHT 95.00 902750 07/03/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,535.00 902751 07/03/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,365.00 902752 07/03/2023 THE PALMS AT VERO BEACH 18,708.00 902753 07/03/2023 DAVID CONDON 980.00 902754 07/03/2023 HILARY MCIVOR 341.00 902755 07/03/2023 PELICAN ISLES LP 10,900.00 902756 07/03/2023 SUNCOAST REALTY & RENTAL MGMT LLC 621.00 902757 07/03/2023 PAMELA R CUMMINGS 600.00 902758 07/03/2023 ADINAGOLDMAN-WALKER 1,139.00 902759 07/03/2023 INDIAN RIVER RDA LP 2,834.00 902760 07/03/2023 LAZY J LLC 1,977.00 902761 07/03/2023 SAID S MOOBARK 1,715.00 902762 07/03/2023 OSCEOLA COUNTY SECTION 8 1,086.16 902763 07/03/2023 YVONNE KOUTSOFIOS 180.00 902764 07/03/2023 BRIAN E GALLAGHER 722.00 902765 07/03/2023 JOHN T STANLEY 1,534.00 902766 07/03/2023 WEDGEWOOD RENTALS LLC 1,193.00 902767 07/03/2023 COALITION FOR ATTAINABLE HOMES INC 515.00 902768 07/03/2023 MYRIAM MELENDEZ 743.00 902769 07/03/2023 WATSON REALTY GROUP 2,237.00 902770 07/03/2023 SHER LLC 801.00 902771 07/03/2023 SUNQUEST APRTMENTS LLC 788.00 902772 07/03/2023 ORCHARD GROVE VENTURE LLC 19,339.00 902773 07/03/2023 SREIT LEXINGTON CLUB LLC 32,910.00 902774 07/03/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 16,803.00 902775 07/03/2023 B4 TC PROPERTIES LLC 983.00 902776 07/03/2023 STREIT RIVER PARK PLACE LLC 19,767.00 902777 07/03/2023 EZAS INVESTMENTS LLC 767.00 902778 07/03/2023 DANIEL I PREUSS 577.00 902779 07/03/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 27,628.00 902780 07/03/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 5,105.00 902781 07/03/2023 JACOURT LLC 3,137.00 902782 07/03/2023 CHRISTINE HARVEY LAWRENCE 660.00 902783 07/03/2023 CENTER LAKE PROPERTY MANAGEMENT LLC 3,887.00 Grand Total: 243,591.32 42 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020763 06/30/2023 AT&T CORP 6.93 1020764 06/30/2023 AT&T CORP 1,528.96 1020765 06/30/2023 AT&T CORP 5.29 1020766 06/30/2023 OFFICE DEPOT INC 1,355.02 1020767 06/30/2023 COMCAST 309.90 1020768 07/03/2023 COMCAST 357.35 Grand Total: 3,563.45 43 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10616 06/30/2023 SENIOR RESOURCE ASSOCIATION 438,461.38 10617 07/03/2023 ST LUCIE BATTERY & TIRE CO 1,159.27 10618 07/03/2023 CLERK OF CIRCUIT COURT 115,585.41 10619 07/03/2023 INDIAN RIVER COUNTY PROPERTY APPRAISER 1,076,161.84 10620 07/03/2023 INDIAN RIVER COUNTY SHERIFF 5,367,129.15 10621 07/03/2023 INDIAN RIVER COUNTY SHERIFF 166,773.97 10622 07/03/2023 CULTURAL COUNCIL OF IRC 14,046.21 10623 07/03/2023 IRC CHAMBER OF COMMERCE 47,919.55 10624 07/03/2023 IRC CHAMBER OF COMMERCE 13,458.65 10625 07/03/2023 CITY OF SEBASTIAN 78,189.55 10626 07/03/2023 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 119,588.32 10627 07/03/2023 SCHOOL DISTRICT OF I R COUNTY 10,512.00 10628 07/03/2023 EDH HOLDINGS LLC 1,044.36 10629 07/05/2023 TD BANK 15,539.67 10630 07/05/2023 RX BENEFITS INC 228,991.82 10631 07/05/2023 APTIM CORP 40,698.18 10632 07/06/2023 KIMLEY HORN & ASSOC INC 40,302.14 10633 07/06/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 37,459.80 10634 07/06/2023 FL RETIREMENT SYSTEM 1,011,529.11 10635 07/06/2023 MUTUAL OF OMAHA 24,796.12 10636 07/06/2023 MUTUAL OF OMAHA 19,930.42 10637 07/06/2023 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,768.44 10638 07/06/2023 BENEFLEX INC 877.50 Grand Total: 8,874,922.86 44 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: July 13, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 7, 2023 to July 13, 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 July 7, 2023 to July 13, 2023. 45 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 438361 07/07/2023 AT&T WIRELESS 143.74 438362 07/07/2023 CALIFORNIA STATE DISBURSEMENT UNIT 305.19 438363 07/07/2023 AT&T CORP 1,273.52 438364 07/07/2023 FLORIDA POWER AND LIGHT 8,573.40 438365 07/07/2023 INDIAN RIVER FARMS WATER CNTRL DIST 250.00 438366 07/07/2023 FISHER & PHILLIPS LLP 5,074.00 438367 07/07/2023 AMERITAS 34,170.96 438368 07/07/2023 AMERITAS 441.04 438369 07/07/2023 CANARX GROUP INC 2,723.00 438370 07/07/2023 STATE OF FLORIDA 19,939.81 438371 07/07/2023 COMMONWEALTH OF MASSACHUSETTS 154.00 438372 07/07/2023 NORTH DAKOTA CHILD SUPPORT 228.47 438373 07/07/2023 VERO BEACH FILM FESTIVAL 500.00 438374 07/07/2023 PUBLIC TITLE SERVICES LLC 26.39 438375 07/07/2023 CHRISTOPHER W MURPHY 1,071.66 438376 07/07/2023 S&ME INC 961.50 438377 07/07/2023 JACKSON DELAO & SUSAN ROCK 500.00 438378 07/07/2023 CHELYNN GODFREY 150.00 438379 07/07/2023 COLBY EVERHART 100.00 438380 07/07/2023 DEBORAH MEEKER 60.54 438381 07/07/2023 SORANNY RODRIGUEZ 130.50 438382 07/07/2023 FLORIDA EMERGENCY PREPAREDNESS 150.00 438383 07/07/2023 FLORIDA EMERGENCY PREPAREDNESS 150.00 438384 07/07/2023 UNIVERSITY OF FLORIDA 495.00 438385 07/07/2023 MICHAELANDERSON 160.00 438386 07/07/2023 KEVIN GIBSON 387.00 438387 07/07/2023 FLORIDA RURAL WATER ASSOCIATION 387.00 438388 07/07/2023 SCOTT MCADAM 254.00 438389 07/07/2023 MICHAEL ZITO 204.52 438390 07/07/2023 SUSAN ADAMS 87.58 438391 07/07/2023 ADAM HELTEMES 53.62 438392 07/07/2023 KEVIN GUENTHER 53.94 438393 07/07/2023 NICHOLAS RAMOS 110.00 438394 07/07/2023 NATIONAL RESCUE CONSULTANTS LLC 9,000.00 438395 07/07/2023 NATIONAL RESCUE CONSULTANTS LLC 9,000.00 438396 07/07/2023 DANIEL HALE 37.38 438397 07/07/2023 WENDY SMITH 53.62 438398 07/07/2023 DANIEL MIEHLE 80.00 438399 07/07/2023 COLBY EVERHART 100.00 438400 07/07/2023 PORT CONSOLIDATED INC 1,568.07 438401 07/07/2023 STURGIS LUMBER & PLYWOOD CO 79.47 438402 07/07/2023 COMMUNICATIONS INTERNATIONAL 5,519.20 438403 07/07/2023 RANGER CONSTRUCTION IND INC 1,507.44 438404 07/07/2023 FISHER SCIENTIFIC COMPANY LLC 570.39 438405 07/07/2023 VERO CHEMICAL DISTRIBUTORS INC 439.00 438406 07/07/2023 RICOH USA INC 248.81 438407 07/07/2023 CHISHOLM CORP OF VERO 245.20 438408 07/07/2023 KIMLEY HORN & ASSOC INC 1,177.00 438409 07/07/2023 SAFETY PRODUCTS INC 1,147.26 438410 07/07/2023 DATA FLOW SYSTEMS INC 877.00 438411 07/07/2023 GRAINGER 1,110.80 438412 07/07/2023 SAFETY KLEEN SYSTEMS INC 388.25 438413 07/07/2023 WILD LAND ENTERPRISES INC 68.60 438414 07/07/2023 MEEKS PLUMBING INC 296.00 438415 07/07/2023 DIVE RESCUE INC 34.80 438416 07/07/2023 EXPRESS REEL GRINDING INC 14,200.00 438417 07/07/2023 CALL ONE INC 1,760.40 46 TRANS NBR DATE VENDOR AMOUNT 438418 07/07/2023 CARTER ASSOCIATES INC 2,512.00 438419 07/07/2023 DELL MARKETING LP 5,230.00 438420 07/07/2023 WORLD INDUSTRIAL EQUIPMENT INC 1,440.00 438421 07/07/2023 MIDWEST TAPE LLC 1,262.53 438422 07/07/2023 ODYSSEY MANUFACTURING CO 10,479.00 438423 07/07/2023 BAKER DISTRIBUTING CO LLC 59.56 438424 07/07/2023 CENGAGE LEARNING INC 487.38 438425 07/07/2023 COMMUNITY ASPHALT CORP 544.00 438426 07/07/2023 ENNIS-FLINT INC 602.32 438427 07/07/2023 PING INC 256.96 438428 07/07/2023 INDIAN RIVER COUNTY HEALTH DEPT 725.40 438429 07/07/2023 CITY OF VERO BEACH 303.62 438430 07/07/2023 HOME DEPOT USA INC 398.02 438431 07/07/2023 HOME DEPOT USA INC 364.62 438432 07/07/2023 LIVINGSTON PAGE 25.00 438433 07/07/2023 JANITORIAL DEPOT OF AMERICA INC 1,183.59 438434 07/07/2023 HENRY FISCHER & SONS INC 885.00 438435 07/07/2023 FLORIDA DEPT OF AGRICULTURE AND 100.00 438436 07/07/2023 ROGER CLEVELAND GOLF INC 160.00 438437 07/07/2023 ACUSHNET COMPANY 2,694.45 438438 07/07/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 223.01 438439 07/07/2023 COMO OIL COMPANY OF FLORIDA 75.60 438440 07/07/2023 CALLAWAY GOLF SALES COMPANY 1,268.55 438441 07/07/2023 FLORIDA POWER AND LIGHT 87,607.73 438442 07/07/2023 FLORIDA POWER AND LIGHT 40,530.78 438443 07/07/2023 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,813.84 438444 07/07/2023 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,524.18 438445 07/07/2023 HIBISCUS CHILDRENS CENTER INC 2,965.37 438446 07/07/2023 STRUNK FUNERAL HOMES & CREMATORY 750.00 438447 07/07/2023 COMPLETE ELECTRIC INC 3,117.15 438448 07/07/2023 TREASURE COAST SPORTS COMMISSION INC 645.00 438449 07/07/2023 IRC HEALTHY START COALITION INC 8,583.34 438450 07/07/2023 IRC HEALTHY START COALITION INC 10,018.94 438451 07/07/2023 ESRI INC 11,063.00 438452 07/07/2023 HENRY SMITH 25.00 438453 07/07/2023 INSIGHT PUBLIC SECTOR 7,404.30 438454 07/07/2023 CHILDRENS HOME SOCIETY OF FL 5,570.28 438455 07/07/2023 ELXSI INC 337.54 438456 07/07/2023 DAVCO ELECTRICAL CONTRACTORS CORP 2,532.00 438457 07/07/2023 RECHTIEN INTERNATIONAL TRUCKS 249.92 438458 07/07/2023 MICHAEL QUIGLEY 480.00 438459 07/07/2023 HULETT ENVIRONMENTAL SERVICES 162.00 438460 07/07/2023 FASTENAL COMPANY 110.35 438461 07/07/2023 SOUTHERN JANITOR SUPPLY INC 1,888.22 438462 07/07/2023 JOHNS EASTERN COMPANY INC 59,702.75 438463 07/07/2023 FLORIDA LEVEL & TRANSIT CO INC 924.70 438464 07/07/2023 LARRY STEPHENS 25.00 438465 07/07/2023 ORCHID ISLAND PROPERTY MGMT II INC 2,328.70 438466 07/07/2023 1 ST FIRE & SECURITY INC 2,706.69 438467 07/07/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 890.07 438468 07/07/2023 JOHNNY B SMITH 25.00 438469 07/07/2023 MENTAL HEALTH ASSOCIATION IRC INC 11,746.28 438470 07/07/2023 TREASURE COAST FOOD BANK INC 310.50 438471 07/07/2023 YOUTH GUIDANCE DONATION FUND OF IRC INC 4,625.92 438472 07/07/2023 PATRICIA K CALAHAN 110.72 438473 07/07/2023 ALERT ALL CORPORATION 990.00 438474 07/07/2023 OKEECHOBEE PARTNERS LLC 117.00 438475 07/07/2023 TORRES ELECTRICAL SUPPLY COMPANY INC 4,556.00 438476 07/07/2023 FLORIDA ARMATURE WORKS INC 3,081.60 438477 07/07/2023 OVERDRIVE INC 2,914.37 47 TRANS NBR DATE VENDOR AMOUNT 438478 07/07/2023 MHC OPERATING LIMITED PARTNERSHIP 300.00 438479 07/07/2023 ALAN JAY CHEVROLET CADILLAC 61,304.00 438480 07/07/2023 MOORE MOTORS INC 240.00 438481 07/07/2023 EASY PICKER GOLF PRODUCTS INC 2,091.39 438482 07/07/2023 MUNICIPAL EMERGENCY SERVICES INC 1,783.34 438483 07/07/2023 LEARNING ALLIANCE 141,227.00 438484 07/07/2023 PENGUIN RANDOM HOUSE LLC 286.50 438485 07/07/2023 W S BADCOCK CORPORATION 6,429.39 438486 07/07/2023 STS MAINTAIN SERVICES INC 12,840.20 438487 07/07/2023 MICHAEL EDWARD HAMILTON 300.00 438488 07/07/2023 HAWKINS INC 8,607.00 438489 07/07/2023 THE TRANSIT GROUP INC 200.00 438490 07/07/2023 CATHEDRAL CORPORATION 437.21 438491 07/07/2023 PRG AMERICAS LLC 1,793.76 438492 07/07/2023 CDA SOLUTIONS INC 2,299.44 438493 07/07/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 218.84 438494 07/07/2023 CROSSOVER MISSION INC 7,083.00 438495 07/07/2023 AC VETERINARY SPECIALTY SERVICES 300.50 438496 07/07/2023 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 90,892.25 438497 07/07/2023 CDW LLC 122.42 438498 07/07/2023 COLE AUTO SUPPLY INC .31.85 438499 07/07/2023 BETH NOLAN 252.00 438500 07/07/2023 JOSEPH ELLIOTT USA LLC 1,525.39 438501 07/07/2023 CORE & MAIN LP 15,967.80 438502 07/07/2023 WOERNER AGRIBUSINESS LLC 140.00 438503 07/07/2023 ENGINEERED SERVICES INC 59.00 438504 07/07/2023 DIRECTV GROUP INC 87.99 438505 07/07/2023 VISTA OUTDOOR SALES LLC 2,469.96 438506 07/07/2023 AMAZON CAPITAL SERVICES INC 7,467.88 438507 07/07/2023 PACE ANALYTICAL SERVICES LLC 226.80 438508 07/07/2023 AMERIGAS PROPANE LP 434.60 438509 07/07/2023 SKYDIVE SEBASTIAN OF SOUTH FLORIDA INC 1,000.00 438510 07/07/2023 METROPOLITAN COMMUNICATION SERVICES INC 393.75 438511 07/07/2023 JORDAN POWER EQUIPMENT CORP 1,059.48 438512 07/07/2023 DERECK R PRINCE 265.00 438513 07/07/2023 MULLINAX FORD OF VERO BEACH 194.48 438514 07/07/2023 JUDITH A BURLEY 334.50 438515 07/07/2023 BLUE GOOSE CONSTRUCTION LLC 589.51 438516 07/07/2023 STAPLES INC 1,008.16 438517 07/07/2023 LOWES COMPANIES INC 4,272.08 438518 07/07/2023 MILLENNIUM CREMATORY LLC 425.00 438519 07/07/2023 ROBERT A HUDSON 25.00 438520 07/07/2023 THEODORE SEMI 50.00 438521 07/07/2023 QUADMED INC 397.60 438522 07/07/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 1,000.00 438523 07/07/2023 LAWRENCE F WALLIN 25.00 438524 07/07/2023 HIREQUEST LLC 1,129.68 438525 07/07/2023 CER SIGNATURE CLEANING LLC 2,900.00 438526 07/07/2023 AMERICAN BACKFLOW PRODUCTS COMPANY 392.59 438527 07/07/2023 SCOTT B MCKINLEY 145.00 438528 07/07/2023 GOMEZ BROTHERS CONTRACT SERVICES 2,556.00 438529 07/07/2023 BTAC HOLDING CORP 4,964.26 438530 07/07/2023 TPH HOLDINGS LLC 124.29 438531 07/07/2023 BROOKS HEATING & A/C LLC 15,500.00 438532 07/07/2023 CRYSTAL MCANELLY DIVERS 120.00 438533 07/07/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 650.00 438534 07/07/2023 SCOTT SEELEY 25.00 438535 07/07/2023 LEGENDARY HEADWEAR 609.07 438536 07/07/2023 RONALD MARASCO SR 145.00 438537 07/07/2023 BRIGHTVIEW LANDSCAPE SERVICES INC 3,200.00 48 TRANS NBR DATE VENDOR AMOUNT 438538 07/07/2023 JEFFERYHOGUES 6,100.00 438539 07/07/2023 METTLER-TOLEDO INTERNATIONAL INC 1,014.60 438540 07/07/2023 GRAND HARBOR GOLF & BEACH CLUB INC 1,200.00 438541 07/07/2023 RUBEN ZAMARRIPA 560.00 438542 07/07/2023 M JARED SMITH 924.00 438543 07/07/2023 XEROX CORPORATION 584.45 438544 07/07/2023 MICHAELAMANTE 400.00 438545 07/07/2023 DONNA W ROBERTS 30.00 438546 07/07/2023 JORDAN PARKER 25.00 438547 07/07/2023 NICOLE ALBANO 200.00 438548 07/07/2023 SUBSTANCE ABUSE COUNCIL OF IRC 11,295.75 438549 07/07/2023 SUBSTANCE ABUSE COUNCIL OF IRC 10,887.16 438550 07/07/2023 MIKEL KINNEY RUYLE 25.00 438551 07/07/2023 JOHN DIGIACOMO 25.00 438552 07/07/2023 TECHSMITH CORPORATION 51.83 438553 07/07/2023 BATES AIR & HEAT LLC 80.75 438554 07/07/2023 LF STAFFING SERVICES INC 816.00 438555 07/07/2023 PINES VILLAGE LLC 1,150.00 438556 07/07/2023 LIAM T MCNALLY 310.00 438557 07/07/2023 DELANEY ADKINS 40.00 438558 07/07/2023 MARK HAYNES 270.00 438559 07/07/2023 SAMARA WOOLEY 760.00 438560 07/07/2023 CYNTHIA WOLD 25.00 438561 07/07/2023 MEEKS PLUMBING INC 227,986.50 438562 07/07/2023 BARTH CONSTRUCTION INC 103,640.83 438563 07/07/2023 GEOSYNTEC CONSULTANTS INC 3,830.50 438564 07/07/2023 MBV ENGINEERING INC 6,612.50 438565 07/07/2023 MASTELLER & MOLER INC 1,796.30 438566 07/07/2023 SOUTHERN MANAGEMENT LLC 7,846.00 438567 07/07/2023 REI ENGINEERS INC 1,005.00 438568 07/07/2023 KESSLER CONSULTING INC 1,420.00 438569 07/07/2023 ANDERSEN ANDRE CONSULTING ENGINEERS INC 2,739.50 438570 07/07/2023 CATHEDRAL CORPORATION 17,700.00 438571 07/07/2023 PROCTOR CONSTRUCTION COMPANY LLC 101,427.35 438572 07/07/2023 BOWMAN CONSULTING GROUP LTD 1,600.00 438573 07/07/2023 TETRA TECH INC 3,863.91 438574 07/07/2023 CONSOR ENGINEERS LLC 14,537.01 438575 07/07/2023 VIRGINIA W RUSSELL FAMILY LIMITED PARTNERSHIP 19,900.41 438576 07/07/2023 SUN PATRICK ARCHITECTURE INC 13,767.43 438577 07/07/2023 COMMANDLINK LLC 3,460.80 438578 07/07/2023 BULK EXPRESS TRANSPORT INC 32,699.09 438579 07/07/2023 INTERTECH CONSTRUCTION CORPORATION OF AMER 40,131.75 438580 07/07/2023 PAMELA RICHARDSON 5,162.85 438581 07/13/2023 COMMUNICATIONS INTERNATIONAL 29,962.11 438582 07/13/2023 PARAGON ELECTRIC OF VERO INC 10,736.66 438583 07/13/2023 INTERNATIONAL GOLF MAINTENANCE INC 112,434.25 438584 07/13/2023 GEOSYNTEC CONSULTANTS INC 17,353.26 438585 07/13/2023 TLC DIVERSIFIED INC 211,587.62 438586 07/13/2023 ATLANTIC ROOFING H OF VERO BEACH INC 24,496.69 438587 07/13/2023 CLEAN SPACE INC 15,995.97 438588 07/13/2023 US DEPT OF AGRICULTURE 1,381.72 438589 07/13/2023 KATE PRIEST LCSW LLC 5,000.00 438590 07/13/2023 SOUTHEAST SERIES OF LOCKTON COMPANIES LLC 22,250.00 438591 07/13/2023 BULK EXPRESS TRANSPORT INC 717.74 438592 07/13/2023 JOSEPH EARMAN 128.78 438593 07/13/2023 KRISTIN DANIELS 115.00 438594 07/13/2023 ERIKA LUNDEEN 74.00 438595 07/13/2023 MICHAEL COLLINS 150.00 438596 07/13/2023 TYLER PARKER 150.00 438597 07/13/2023 ALEXANDRA NICHOLAS 276.00 49 TRANS NBR DATE VENDOR AMOUNT 438598 07/13/2023 RICK DUNKERLEY 150.00 438599 07/13/2023 PORT CONSOLIDATED INC 706.38 438600 07/13/2023 SUNCOAST WELDING SUPPLIES INC 325.87 438601 07/13/2023 COMMUNICATIONS INTERNATIONAL 569.28 438602 07/13/2023 SSES INC 455.00 438603 07/13/2023 TEN-8 FIRE EQUIPMENT INC 273.41 438604 07/13/2023 RANGER CONSTRUCTION IND INC 2,434.08 438605 07/13/2023 RICOH USA INC 59.28 438606 07/13/2023 SAFETY PRODUCTS INC 107.60 438607 07/13/2023 DATA FLOW SYSTEMS INC 1,754.00 438608 07/13/2023 SUB AQUATICS INC 1,973.73 438609 07/13/2023 E-Z BREW COFFEE & BOTTLE WATER SVC 27.00 438610 07/13/2023 INDIAN RIVER BATTERY 4,113.50 438611 07/13/2023 GRAINGER 572.94 438612 07/13/2023 MCMASTER CARR SUPPLY CO 217.75 438613 07/13/2023 APPLE INDUSTRIAL SUPPLY CO 587.99 438614 07/13/2023 HACH CO 1,346.00 438615 07/13/2023 CLIFF BERRY INC 72.10 438616 07/13/2023 SWE INC 1,250.00 438617 07/13/2023 MEEKS PLUMBING INC 717.40 438618 07/13/2023 BOUND TREE MEDICAL LLC 19,436.67 438619 07/13/2023 DIVE RESCUE INC 1,616.69 438620 07/13/2023 ABCO GARAGE DOOR CO INC 1,820.00 438621 07/13/2023 DELL MARKETING LP 81.39 438622 07/13/2023 NORTHERN SAFETY CO INC 24.69 438623 07/13/2023 ODYSSEY MANUFACTURING CO 16,200.45 438624 07/13/2023 CLERK OF CIRCUIT COURT 619.15 438625 07/13/2023 CLERK OF CIRCUIT COURT 656.00 438626 07/13/2023 CITY OF VERO BEACH 610.28 438627 07/13/2023 HOME DEPOT USA INC 296.34 438628 07/13/2023 JANITORIAL DEPOT OF AMERICA INC 63.99 438629 07/13/2023 TREASURE COAST HOMELESS SERVICES 4,855.00 438630 07/13/2023 PUBLIX SUPERMARKETS 56.32 438631 07/13/2023 PUBLIX SUPERMARKETS 55.43 438632 07/13/2023 ROGER CLEVELAND GOLF INC 287.00 438633 07/13/2023 FEDERAL EXPRESS CORP 17.29 438634 07/13/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 113.20 438635 07/13/2023 FLORIDA POWER AND LIGHT 67,942.80 438636 07/13/2023 FLORIDA POWER AND LIGHT 7,550.79 438637 07/13/2023 AMERICAN PLANNING ASSOCIATION 250.00 438638 07/13/2023 PEACE RIVER ELECTRIC COOP INC 239.00 438639 07/13/2023 TREASURE COAST CONSTRUCTION MGMT LLC 13,980.00 438640 07/13/2023 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,859.41 438641 07/13/2023 COMPLETE ELECTRIC INC 1,000.00 438642 07/13/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 438643 07/13/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 438644 07/13/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 438645 07/13/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 438646 07/13/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 438647 07/13/2023 NIGP 385.00 438648 07/13/2023 CAROLINA SOFTWARE INC 500.00 438649 07/13/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 200.00 438650 07/13/2023 BRIDGESTONE AMERICAS INC 113.95 438651 07/13/2023 MIDWEST MOTOR SUPPLY CO 307.48 438652 07/13/2023 RECHTIEN INTERNATIONAL TRUCKS 63.37 438653 07/13/2023 HULETT ENVIRONMENTAL SERVICES 16.50 438654 07/13/2023 THE CLEARING COMPANY LLC 5,598.00 438655 07/13/2023 SOUTHERN JANITOR SUPPLY INC 1,452.42 438656 07/13/2023 J C RENTALS & INVESTMENTS INC 500.00 438657 07/13/2023 JACKS COMPLETE TREE SERVICE INC 1,200.00 50 TRANS NBR DATE VENDOR AMOUNT 438658 07/13/2023 GLOVER OIL COMPANY INC 69,646.04 438659 07/13/2023 ORCHID ISLAND PROPERTY MGMT II INC 14,211.00 438660 07/13/2023 1ST FIRE & SECURITY INC 262.08 438661 07/13/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 459.70 438662 07/13/2023 THOR GUARD INC 720.00 438663 07/13/2023 PETER J CASSARA 7,220.00 438664 07/13/2023 AMERIMARK INC 229.57 438665 07/13/2023 NICOLACE MARKETING INC 1,348.80 438666 07/13/2023 HELPING ANIMALS LIVE -OVERCOME 18.00 438667 07/13/2023 STAT MEDICAL DISPOSAL INC 600.00 438668 07/13/2023 PROMATIC INC 189.20 438669 07/13/2023 VERO BEACH PARTNERSHIP 400.00 438670 07/13/2023 EASY PICKER GOLF PRODUCTS INC 7,451.69 438671 07/13/2023 BURNETT LIME CO INC 7,554.66 438672 07/13/2023 LEARNING ALLIANCE 2,193.32 438673 07/13/2023 STRAIGHT OAK LLC 118.95 438674 07/13/2023 STEWART & STEVENSON FDDA LLC 2,875.00 438675 07/13/2023 CHEMTRADE CHEMICALS CORPORTATION 4,695.78 438676 07/13/2023 SYLVIA MILLER 1,623.00 438677 07/13/2023 CATHEDRAL CORPORATION 1,948.72 438678 07/13/2023 H&H SHADOWBROOK LLC 450.00 438679 07/13/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 61.13 438680 07/13/2023 HYDROMAX USA LLC 23,063.50 438681 07/13/2023 BARSALOU VENTURES LLC 1,229.00 438682 07/13/2023 AC VETERINARY SPECIALTY SERVICES 199.36 438683 07/13/2023 MATHESON TRI -GAS INC 9,960.00 438684 07/13/2023 COLE AUTO SUPPLY INC 4,155.43 438685 07/13/2023 RHOADES AIR & HEAT 28,657.00 438686 07/13/2023 DAY DREAMS UNIFORMS INC 82.03 438687 07/13/2023 RELX INC 426.40 438688 07/13/2023 ENVIRONMENTAL OPERATING SOLUTION INC 16,986.88 438689 07/13/2023 CORE & MAIN LP 50,557.09 438690 07/13/2023 BROWNELLS INC 18,198.80 438691 07/13/2023 WOERNER AGRIBUSINESS LLC 432.00 438692 07/13/2023 BOTTOMS UP BEVERAGE OF FLORIDA LLC 2,496.00 438693 07/13/2023 JERRY RIPPLE STUCCO INC 980.00 438694 07/13/2023 HINTERLAND GROUP INC 112,881.85 438695 07/13/2023 AMAZON CAPITAL SERVICES INC 13,569.49 438696 07/13/2023 PACE ANALYTICAL SERVICES LLC 11,489.44 438697 07/13/2023 PSI TECHNOLOGIES INC 5,164.00 438698 07/13/2023 THE HOPE FOR FAMILIES CENTER INC 5,324.44 438699 07/13/2023 JORDAN POWER EQUIPMENT CORP 570.17 438700 07/13/2023 CK CONTRACTORS & DEVELOPMENT LLC 21,566.79 438701 07/13/2023 LIBERTY TIRE RECYCLING LLC 11,160.40 438702 07/13/2023 MULLINAX FORD OF VERO BEACH 732.80 438703 07/13/2023 R&S RADIO LLC 400.00 438704 07/13/2023 DESK SPINCO INC 118.02 438705 07/13/2023 EFLASH NEWSLETTERS LLC 150.00 438706 07/13/2023 ECONOLITE SYSTEMS INC 15,000.00 438707 07/13/2023 BLUE GOOSE CONSTRUCTION LLC 1,853.58 438708 07/13/2023 ORCHARD GROVE VENTURE LLC 1,200.00 438709 07/13/2023 STAPLES INC 106.88 438710 07/13/2023 LOWES COMPANIES INC 479.76 438711 07/13/2023 TOTAL GOLF CART LLC 105.48 438712 07/13/2023 PALFINGER US HOLDING INC 2,413.03 438713 07/13/2023 PLURALSIGHT LLC 6,039.00 438714 07/13/2023 ELECTRONIC SECURITY & TECHNOLOGY INC 119.94 438715 07/13/2023 HIREQUEST LLC 19,333.29 438716 07/13/2023 PETERBILT STORE SOUTH FLORIDA LLC 425.89 438717 07/13/2023 A TEAM OF THE TREASURE COAST INC 1,720.00 51 TRANS NBR DATE VENDOR AMOUNT 438718 07/13/2023 TAKING GROUND LAWN & LANDSCAPE INC 4,575.00 438719 07/13/2023 TROPIC OIL COMPANY LLC 1,859.65 438720 07/13/2023 WESTERN OILFIELDS SUPPLY COMPANY 7,629.33 438721 07/13/2023 GOMEZ BROTHERS CONTRACT SERVICES 540.00 438722 07/13/2023 ALEXANDRA NICHOLAS 90.42 438723 07/13/2023 SHRIEVE CHEMICAL CO LLC 4,220.02 438724 07/13/2023 CONSOLIDATED WATER GROUP LLC 58.51 438725 07/13/2023 TPH HOLDINGS LLC 533.81 438726 07/13/2023 COLLIERS INTERNATIONAL (USA) INC 14,400.00 438727 07/13/2023 LEGENDARY HEADWEAR 1,390.09 438728 07/13/2023 VERO BEACH GOLF CARS LLC 468.00 438729 07/13/2023 KERNER LLC 8,250.00 438730 07/13/2023 GULF MATERIALS SALES LLC 525.54 438731 07/13/2023 XEROX CORPORATION 639.00 438732 07/13/2023 ISO CLAIMS SERVICES INC 695.35 438733 07/13/2023 US ECOLOGY TAMPA INC 23,550.48 438734 07/13/2023 EMPIRE PIPE & SUPPLY COMPANY INC 487,500.00 438735 07/13/2023 ENTERPRISES OF GVEGAS LLC 1,884.32 438736 07/13/2023 EUROFINS ENVIRONMENT TESTING AMERICA HOLDR 3,834.00 438737 07/13/2023 FLOVAC INC 2,047.67 438738 07/13/2023 FIRE-DEX GW LLC 1,219.00 438739 07/13/2023 BATES AIR & HEAT LLC 6,284.12 438740 07/13/2023 LF STAFFING SERVICES INC 2,325.48 438741 07/13/2023 GEARFACE LLC 200.00 438742 07/13/2023 RICOH USA INC 41.32 438743 07/13/2023 AT&T WIRELESS 742.68 438744 07/13/2023 AT&T WIRELESS 296.33 438745 07/13/2023 BAKER DISTRIBUTING CO LLC 354.00 438746 07/13/2023 CLERK OF CIRCUIT COURT 209.68 438747 07/13/2023 CLERK OF CIRCUIT COURT 89.50 438748 07/13/2023 FLORIDA FISH & WILDLIFE 3,753.34 438749 07/13/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 32.53 438750 07/13/2023 FLORIDA POWER AND LIGHT 3,006.47 438751 07/13/2023 STATE ATTORNEY 12,019.24 438752 07/13/2023 UNITED HEALTH CARE INS COMPANY 275.95 438753 07/13/2023 BLUE CROSS BLUE SHIELD 409.63 438754 07/13/2023 HUMANA 469.94 438755 07/13/2023 US DEPT OF THE TREASURY-FMS 8,155.17 438756 07/13/2023 CELICO PARTNERSHIP 3,989.10 438757 07/13/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 164.90 438758 07/13/2023 FLORIDA MEDICAID 308.78 438759 07/13/2023 RDW QUALITY BUILDERS LLC 2,242.12 438760 07/13/2023 SUNSHINE HEALTH PLAN MEDICAID 572.34 438761 07/13/2023 BENJAMIN ZIMEI 50.00 438762 07/13/2023 CHANGE HEALTHCARE LLC 51,409.98 438763 07/13/2023 GRBK GHO HOMES LLC 133,180.80 438764 07/13/2023 BENTON GRASS 50.00 438765 07/13/2023 FLORIDA COMMUNITY CARE 772.39 438766 07/13/2023 CAREPLUS HEALTH PLANS INC 2,307.90 438767 07/13/2023 SUPERIOR FENCE & RAIL OF THE TREASURE COAST 75.00 438768 07/13/2023 CRYSTAL GASKIN 149.10 438769 07/13/2023 JEFFREY P MERKLE 500.00 438770 07/13/2023 BRAMDI L SHULZE 500.00 438771 07/13/2023 BEYOND THE BALL TREASURE COAST LLC 216.56 438772 07/13/2023 REALIFE CAMP 100.00 438773 07/13/2023 ALS REFUNDS 523.60 438774 07/13/2023 ALS REFUNDS 261.10 438775 07/13/2023 ALS REFUNDS 206.30 438776 07/13/2023 ALS REFUNDS 267.60 438777 07/13/2023 ALS REFUNDS 86.37 52 TRANS NBR DATE VENDOR AMOUNT 438778 07/13/2023 ALS REFUNDS 369.73 438779 07/13/2023 ALS REFUNDS 568.41 438780 07/13/2023 ALS REFUNDS 117.94 438781 07/13/2023 ALS REFUNDS 32.18 438782 07/13/2023 ALS REFUNDS 100.00 438783 07/13/2023 ALS REFUNDS 561.20 438784 07/13/2023 ALS REFUNDS 106.46 438785 07/13/2023 ALS REFUNDS 468.46 438786 07/13/2023 ALS REFUNDS 110.31 438787 07/13/2023 ALS REFUNDS 350.00 438788 07/13/2023 ALS REFUNDS 19.38 438789 07/13/2023 ALS REFUNDS 118.12 438790 07/13/2023 ALS REFUNDS 355.28 438791 07/13/2023 ALS REFUNDS 392.20 438792 07/13/2023 ALS REFUNDS 112.02 438793 07/13/2023 UTIL REFUNDS 82.40 438794 07/13/2023 UTIL REFUNDS 34.84 438795 07/13/2023 UTIL REFUNDS 34.87 438796 07/13/2023 UTIL REFUNDS 40.73 438797 07/13/2023 UTIL REFUNDS 35.38 438798 07/13/2023 UTIL REFUNDS 87.61 438799 07/13/2023 UTIL REFUNDS 29.21 438800 07/13/2023 UTIL REFUNDS 76.50 438801 07/13/2023 UTIL REFUNDS 48.20 438802 07/13/2023 UTIL REFUNDS 882.64 438803 07/13/2023 UTIL REFUNDS 81.38 438804 07/13/2023 UTIL REFUNDS 44.01 438805 07/13/2023 UTIL REFUNDS 338.19 438806 07/13/2023 UTIL REFUNDS 40.98 438807 07/13/2023 UTIL REFUNDS 106.71 438808 07/13/2023 UTIL REFUNDS 321.95 438809 07/13/2023 UTIL REFUNDS 47.27 438810 07/13/2023 UTIL REFUNDS 75.68 438811 07/13/2023 UTIL REFUNDS 79.61 438812 07/13/2023 UTIL REFUNDS 57.63 438813 07/13/2023 UTIL REFUNDS 27.52 438814 07/13/2023 UTIL REFUNDS 51.84 438815 07/13/2023 UTIL REFUNDS 26.67 438816 07/13/2023 UTIL REFUNDS 14.82 438817 07/13/2023 UTIL REFUNDS 71.51 438818 07/13/2023 UTIL REFUNDS 115.15 438819 07/13/2023 UTIL REFUNDS 18.34 438820 07/13/2023 UTIL REFUNDS 33.89 438821 07/13/2023 UTIL REFUNDS 88.98 438822 07/13/2023 UTIL REFUNDS 40.76 438823 07/13/2023 UTIL REFUNDS 46.27 438824 07/13/2023 UTIL REFUNDS 8.05 438825 07/13/2023 UTIL REFUNDS 42.56 438826 07/13/2023 UTIL REFUNDS 30.50 438827 07/13/2023 UTIL REFUNDS 45.13 438828 07/13/2023 UTIL REFUNDS 35.48 438829 07/13/2023 UTIL REFUNDS 17.16 438830 07/13/2023 UTIL REFUNDS 82.73 438831 07/13/2023 UTIL REFUNDS 172.50 Grand Total: 3,454,739.10 53 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 902784 07/07/2023 SREIT LEXINGTON CLUB LLC 821.00 Grand Total: 821.00 54 ELECTRONIC PAYMENT - VISA CARD TRANS NBR DATE VENDOR AMOUNT 1020769 07/07/2023 PARKS RENTAL & SALES INC 80.00 1020770 07/07/2023 DEMCOINC 251.61 1020771 07/07/2023 GALLS LLC 163.95 1020772 07/07/2023 IRRIGATION CONSULTANTS UNLIMITED INC 383.33 1020773 07/07/2023 PRIDE ENTERPRISES 392.78 1020774 07/07/2023 WACO FILTERS CORPORATION 29,092.00 1020775 07/07/2023 HYDRA SERVICE (S) INC 20,621.71 1020776 07/07/2023 UNIFIRST CORPORATION 1,665.99 1020777 07/07/2023 GUARDIAN ALARM OF FLORIDA LLC 1,094.00 1020778 07/07/2023 EFE INC 717.18 1020779 07/07/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 65.50 1020780 07/10/2023 AT&T CORP 971.00 1020781 07/10/2023 OFFICE DEPOT INC 1,838.96 1020782 07/10/2023 COMCAST 342.60 1020783 07/10/2023 WASTE MANAGEMENT INC OF FLORIDA 1,338.58 1020784 07/13/2023 PARKS RENTAL & SALES INC 545.00 1020785 07/13/2023 INDIAN RIVER OXYGEN INC 2,673.75 1020786 07/13/2023 RING POWER CORPORATION 4,090.28 1020787 07/13/2023 MIKES GARAGE & WRECKER SERVICE INC 599.00 1020788 07/13/2023 IRRIGATION CONSULTANTS UNLIMITED INC 344.08 1020789 07/13/2023 GROVE WELDERS INC 391.90 1020790 07/13/2023 STRYKER SALES CORP 1,662.73 1020791 07/13/2023 AUTO PARTNERS LLC 1,329.55 1020792 07/13/2023 UNIFIRST CORPORATION 1,230.07 1020793 07/13/2023 ALLIED DIVERSIFIED OF VERO BEACH LLC 100.00 1020794 07/13/2023 GUARDIAN ALARM OF FLORIDA LLC 564.26 1020795 07/13/2023 NEXAIR LLC 59.20 1020796 07/13/2023 EFE INC 376.28 1020797 07/13/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 156.79 1020798 07/13/2023 FIRST HOSPITAL LABORATORIES INC 175.00 1020799 07/13/2023 OFFICE DEPOT INC 203.93 1020800 07/13/2023 COMCAST 218.45 1020801 07/13/2023 WASTE MANAGEMENT INC OF FLORIDA 796.25 Grand Total: 74,535.71 ELECTRONIC PAYMENTS - WIRES & ACH TRANS NBR DATE VENDOR AMOUNT 10639 07/07/2023 CLERK OF CIRCUIT COURT 5,462.28 10640 07/07/2023 IRC FIRE FIGHTERS ASSOC 11,156.64 10641 07/07/2023 OPTUMHEALTH FINANCIAL SERVICES 108,190.50 10642 07/10/2023 FL SDU 3,135.73 10643 07/10/2023 IRS -PAYROLL TAXES 546,211.51 10644 07/10/2023 EDH HOLDINGS LLC 374.40 10645 07/10/2023 LINCOLN RETIREMENT 91,711.63 10646 07/11/2023 TEAMSTERS LOCAL UNION #769 2,693.00 10647 07/12/2023 FLORIDA DEPARTMENT OF BUSINESS AND 36,021.28 10648 07/12/2023 FLORIDA DEPARTMENT OF REVENUE 1,582.06 10649 07/12/2023 FLORIDA DEPARTMENT OF REVENUE 5,315.86 10650 07/12/2023 FLORIDA DEPARTMENT OF REVENUE 1,949.55 10651 07/12/2023 FLORIDA DEPARTMENT OF REVENUE 16,208.24 10652 07/13/2023 KIMLEY HORN & ASSOC INC 12,518.53 10653 07/13/2023 KIMLEY HORN & ASSOC INC 55,250.17 10654 07/13/2023 UNITED WAY OF INDIAN RIVER COUNTY 260,187.50 10655 07/13/2023 TIMOTHY ROSE CONTRACTING INC 419,722.15 10656 07/13/2023 PUBLIC DEFENDER 3,564.82 10657 07/13/2023 IRS -PAYROLL TAXES 94.41 10658 07/13/2023 WRIGHT EXPRESS FSC 29,580.97 Grand Total: 1,610,931.23 56 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: July 20, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 14, 2023 to July 20, 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 July 14, 2023 to July 20, 2023. 57 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 438832 07/20/2023 REPUBLIC SERVICES INC 578,412.19 438833 07/20/2023 ATKINS NORTH AMERICA INC 14,580.98 438834 07/20/2023 GEOSYNTEC CONSULTANTS INC 15,276.37 438835 07/20/2023 MORGAN & EKLUND INC 63,000.00 438836 07/20/2023 MBV ENGINEERING INC 5,250.00 438837 07/20/2023 JONES EDMUNDS AND ASSCOIATES INC 35,735.00 438838 07/20/2023 ANFIELD CONSULTING GROUP INC 10,000.00 438839 07/20/2023 CENTERLINE UTILITIES INC 111,496.28 438840 07/20/2023 BOWMAN CONSULTING GROUP LTD 42,820.00 438841 07/20/2023 WITT O'BRIEN'S LLC 155.00 438842 07/20/2023 INDIAN RIVER SUSTAINABILITY CENTER LLC 51,468.88 438843 07/20/2023 SPIEZLE ARCHITECTURAL GROUP INC 6,217.00 438844 07/20/2023 BULK EXPRESS TRANSPORT INC 27,602.12 438845 07/20/2023 BECKER & POLIAKOFF PA 2,500.00 438846 07/20/2023 TIGER NATURAL GAS, INC. 49,782.34 438847 07/20/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 438848 07/20/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 438849 07/20/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 438850 07/20/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 438851 07/20/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 438852 07/20/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 438853 07/20/2023 FLORIDA WATER & POLLUTION CONTROL 325.00 438854 07/20/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 75.00 438855 07/20/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 75.00 438856 07/20/2023 FLORIDA SURVEYING & MAPPING 250.00 438857 07/20/2023 JOSEPH EARMAN 29.64 438858 07/20/2023 INSTITUTE OF TRANSPORTATION 750.00 438859 07/20/2023 SHELLEY NOWLIN 29.64 438860 07/20/2023 MICHAEL ZITO 130.87 438861 07/20/2023 KARI CUNDIFF 10.15 438862 07/20/2023 CARLO MARQUES 150.00 438863 07/20/2023 LAURA MATTHES 89.89 438864 07/20/2023 JORDAN MONTEROSSO 13.35 438865 07/20/2023 AT&T WIRELESS 172.92 438866 07/20/2023 AT&T WIRELESS 821.22 438867 07/20/2023 AT&T WIRELESS 901.41 438868 07/20/2023 HOME DEPOT USA INC 64.31 438869 07/20/2023 AT&T CORP 1,029.21 438870 07/20/2023 FLORIDA POWER AND LIGHT 1,223.34 438871 07/20/2023 CITY OF FELLSMERE 211.01 438872 07/20/2023 CELICO PARTNERSHIP 4,343.33 438873 07/20/2023 ANDERSEN ANDRE CONSULTING ENGINEERS INC 2,016.50 438874 07/20/2023 JESSE ROLAND 475.00 438875 07/20/2023 LOWES COMPANIES INC 200.80 438876 07/20/2023 LEA CLAY 26.69 438877 07/20/2023 BLACKFIN OSLO LLC 205,069.05 438878 07/20/2023 BLACKFIN PARTNERS INVESTMENTS INC 242,032.47 438879 07/20/2023 ALS REFUNDS 394.80 438880 07/20/2023 UTIL REFUNDS 12.03 438881 07/20/2023 UTIL REFUNDS 46.74 438882 07/20/2023 UTIL REFUNDS 62.83 438883 07/20/2023 UTIL REFUNDS 53.36 438884 07/20/2023 UTIL REFUNDS 525.14 438885 07/20/2023 UTIL REFUNDS 122.06 438886 07/20/2023 UTIL REFUNDS 79.04 438887 07/20/2023 UTIL REFUNDS 77.56 1 58 TRANS NBR DATE VENDOR AMOUNT 438888 07/20/2023 UTIL REFUNDS 81.70 438889 07/20/2023 UTIL REFUNDS 80.42 438890 07/20/2023 UTIL REFUNDS 64.57 438891 07/20/2023 UTIL REFUNDS 82.21 438892 07/20/2023 UTIL REFUNDS 71.90 438893 07/20/2023 UTIL REFUNDS 41.71 438894 07/20/2023 UTIL REFUNDS 20.33 438895 07/20/2023 UTIL REFUNDS 200.00 438896 07/20/2023 UTIL REFUNDS 82.73 438897 07/20/2023 UTIL REFUNDS 66.80 438898 07/20/2023 UTIL REFUNDS 48.73 438899 07/20/2023 UTIL REFUNDS 47.34 438900 07/20/2023 UTIL REFUNDS 90.61 438901 07/20/2023 UTIL REFUNDS 23.03 438902 07/20/2023 UTIL REFUNDS 29.75 438903 07/20/2023 UTIL REFUNDS 4.77 438904 07/20/2023 UTIL REFUNDS 41.33 438905 07/20/2023 UTIL REFUNDS 49.26 438906 07/20/2023 UTIL REFUNDS 26.32 438907 07/20/2023 UTIL REFUNDS 10.89 438908 07/20/2023 UTIL REFUNDS 68.72 438909 07/20/2023 UTIL REFUNDS 134.83 438910 07/20/2023 UTIL REFUNDS 11.05 438911 07/20/2023 UTIL REFUNDS 70.69 438912 07/20/2023 UTIL REFUNDS 84.03 438913 07/20/2023 UTIL REFUNDS 65.96 438914 07/20/2023 UTIL REFUNDS 342.70 438915 07/20/2023 UTIL REFUNDS 103.73 438916 07/20/2023 UTIL REFUNDS 37.72 438917 07/20/2023 UTIL REFUNDS 30.68 438918 07/20/2023 UTIL REFUNDS 48.84 438919 07/20/2023 UTIL REFUNDS 34.23 438920 07/20/2023 UTIL REFUNDS 147.77 438921 07/20/2023 UTIL REFUNDS 95.95 438922 07/20/2023 UTIL REFUNDS 61.45 438923 07/20/2023 UTIL REFUNDS 32.28 438924 07/20/2023 UTIL REFUNDS 55.20 438925 07/20/2023 UTIL REFUNDS 52.28 438926 07/20/2023 UTIL REFUNDS 55.56 438927 07/20/2023 UTIL REFUNDS 110.41 438928 07/20/2023 UTIL REFUNDS 35.90 438929 07/20/2023 UTIL REFUNDS 71.95 438930 07/20/2023 UTIL REFUNDS 124.37 438931 07/20/2023 UTIL REFUNDS 39.51 438932 07/20/2023 UTIL REFUNDS 32.89 438933 07/20/2023 UTIL REFUNDS 52.73 438934 07/20/2023 UTIL REFUNDS 8.04 438935 07/20/2023 UTIL REFUNDS 27.19 438936 07/20/2023 UTIL REFUNDS 49.29 438937 07/20/2023 UTIL REFUNDS 43.99 438938 07/20/2023 UTIL REFUNDS 70.47 438939 07/20/2023 UTIL REFUNDS 25.79 438940 07/20/2023 UTIL REFUNDS 77.17 438941 07/20/2023 UTIL REFUNDS 13.42 438942 07/20/2023 UTIL REFUNDS 85.67 438943 07/20/2023 UTIL REFUNDS 31.91 438944 07/20/2023 UTIL REFUNDS 58.53 438945 07/20/2023 UTIL REFUNDS 69.75 438946 07/20/2023 UTIL REFUNDS 72.32 2 59 TRANS NBR DATE VENDOR AMOUNT 438947 07/20/2023 UTIL REFUNDS 47.85 438948 07/20/2023 UTIL REFUNDS 83.89 438949 07/20/2023 UTIL REFUNDS 43.30 438950 07/20/2023 UTIL REFUNDS 133.27 438951 07/20/2023 UTIL REFUNDS 8.01 438952 07/20/2023 UTIL REFUNDS 84.38 438953 07/20/2023 UTIL REFUNDS 82.73 438954 07/20/2023 UTIL REFUNDS 62.26 438955 07/20/2023 UTIL REFUNDS 38.57 438956 07/20/2023 UTIL REFUNDS 80.54 438957 07/20/2023 UTIL REFUNDS 73.93 438958 07/20/2023 UTIL REFUNDS 62.45 438959 07/20/2023 UTIL REFUNDS 72.54 438960 07/20/2023 UTIL REFUNDS 23.37 438961 07/20/2023 UTIL REFUNDS 7.77 438962 07/20/2023 UTIL REFUNDS 28.77 438963 07/20/2023 UTIL REFUNDS 100.00 438964 07/20/2023 UTIL REFUNDS 48.46 438965 07/20/2023 UTIL REFUNDS 64.81 438966 07/20/2023 UTIL REFUNDS 79.52 438967 07/20/2023 UTIL REFUNDS 18.88 438968 07/20/2023 UTIL REFUNDS 38.49 438969 07/20/2023 PORT CONSOLIDATED INC 948.93 438970 07/20/2023 STURGIS LUMBER & PLYWOOD CO 19.88 438971 07/20/2023 COMMUNICATIONS INTERNATIONAL 3,285.00 438972 07/20/2023 SSES INC 5,318.03 438973 07/20/2023 FISHER SCIENTIFIC COMPANY LLC 329.67 438974 07/20/2023 VERO CHEMICAL DISTRIBUTORS INC 355.20 438975 07/20/2023 SAFETY PRODUCTS INC 470.45 438976 07/20/2023 DATA FLOW SYSTEMS INC 2,361.00 438977 07/20/2023 GRAINGER 4,613.19 438978 07/20/2023 WILD LAND ENTERPRISES INC 17.50 438979 07/20/2023 HACH CO 15,981.58 438980 07/20/2023 CLIFF BERRY INC 193.60 438981 07/20/2023 BOUND TREE MEDICAL LLC 1,333.92 438982 07/20/2023 BRISTER SIGNS INC 700.00 438983 07/20/2023 TIRESOLES OF BROWARD INC 1,095.36 438984 07/20/2023 CHILDCARE RESOURCES OF IRC INC 46,700.35 438985 07/20/2023 BARNEYS PUMP INC 2,560.00 438986 07/20/2023 BRANDTS APPLIANCE SERVICE INC 289.99 438987 07/20/2023 MIDWEST TAPE LLC 6,100.60 438988 07/20/2023 ODYSSEY MANUFACTURING CO 36,426.60 438989 07/20/2023 K & M ELECTRIC SUPPLY INC 46.67 438990 07/20/2023 CENGAGE LEARNING INC 47.98 438991 07/20/2023 CLERK OF CIRCUIT COURT 3,345.98 438992 07/20/2023 CLERK OF CIRCUIT COURT 35.50 438993 07/20/2023 UNITED STATES POSTAL SERVICE 3,492.87 438994 07/20/2023 FLORIDA GOVERNMENT FINANCE 225.00 438995 07/20/2023 APCO INTERNATIONAL, INC 4,257.54 438996 07/20/2023 JANITORIAL DEPOT OF AMERICA INC 320.73 438997 07/20/2023 ACUSHNET COMPANY 514.50 438998 07/20/2023 WEST PUBLISHING CORPORATION 202.32 438999 07/20/2023 FEDERAL EXPRESS CORP 19.90 439000 07/20/2023 COMO OIL COMPANY OF FLORIDA 75.00 439001 07/20/2023 CITY OF SEBASTIAN 2,500.00 439002 07/20/2023 FLORIDA POWER AND LIGHT 55,835.86 439003 07/20/2023 MELECH BERMAN 450.00 439004 07/20/2023 NEW HORIZONS OF THE TREASURE COAST 29,379.50 439005 07/20/2023 GLOBAL GOLF SALES INC 153.00 3 60 TRANS NBR DATE VENDOR AMOUNT 439006 07/20/2023 LANGUAGE LINE SERVICES INC 192.11 439007 07/20/2023 IRC HEALTHY START COALITION INC 5,208.33 439008 07/20/2023 NIGP 155.00 439009 07/20/2023 RECHTIEN INTERNATIONAL TRUCKS 222.75 439010 07/20/2023 HULETT ENVIRONMENTAL SERVICES 152.50 439011 07/20/2023 CINTAS CORPORATION NO 2 221.40 439012 07/20/2023 SYNAGRO-WWT INC 68,256.38 439013 07/20/2023 BIG BROTHERS AND BIG SISTERS 9,349.20 439014 07/20/2023 THE SHERWIN WILLIAMS CO 56.79 439015 07/20/2023 SOUTHERN JANITOR SUPPLY INC 2,212.13 439016 07/20/2023 CAROLE J MADIGAN 1,605.00 439017 07/20/2023 ORCHID ISLAND PROPERTY MGMT II INC 1,700.00 439018 07/20/2023 NEW APP HOLDINGS INC 3,120.00 439019 07/20/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 151.19 439020 07/20/2023 THOR GUARD INC 1,440.00 439021 07/20/2023 REDLANDS CHRISTIAN MIGRANT ASSOC 11,786.89 439022 07/20/2023 SIMS CRANE & EQUIPMENT CO 651.00 439023 07/20/2023 PETER J CASSARA 6,850.00 439024 07/20/2023 INDIAN RIVER SOCCER ASSOCIATION 1,500.00 439025 07/20/2023 SOUTHEAST SECURE SHREDDING 122.20 439026 07/20/2023 NICOLACE MARKETING INC 10,415.75 439027 07/20/2023 BRENNTAG MID -SOUTH INC 13,320.85 439028 07/20/2023 STAT MEDICAL DISPOSAL INC 135.00 439029 07/20/2023 ATLANTIC COASTAL LAND TITLE CO LLC 475.00 439030 07/20/2023 OVERDRIVE INC 2,627.34 439031 07/20/2023 PROMATIC INC 2,727.76 439032 07/20/2023 ALAN JAY CHEVROLET CADILLAC 29,246.00 439033 07/20/2023 GFA INTERNATIONAL INC 40,931.25 439034 07/20/2023 HONEYWELL ANALYTICS 1,050.00 439035 07/20/2023 CARDINAL HEALTH 110 INC 466.36 439036 07/20/2023 MUNICIPAL EMERGENCY SERVICES INC 1,451.78 439037 07/20/2023 KYLE ANDERSON 3,050.00 439038 07/20/2023 BURNETT LIME CO INC 3,776.50 439039 07/20/2023 LEARNING ALLIANCE 11,843.90 439040 07/20/2023 PENGUIN RANDOM HOUSE LLC 97.50 439041 07/20/2023 STRAIGHT OAK LLC 77.15 439042 07/20/2023 CALDWELL PACETTI EDWARDS 960.00 439043 07/20/2023 CHEMTRADE CHEMICALS CORPORTATION 4,284.22 439044 07/20/2023 BAUDVILLE INC 90.44 439045 07/20/2023 HAWKINS INC 825.00 439046 07/20/2023 THE TRANSIT GROUP INC 3,982.44 439047 07/20/2023 CATHEDRAL CORPORATION 874.28 439048 07/20/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 3,017.99 439049 07/20/2023 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 45,289.75 439050 07/20/2023 CDW LLC 122.42 439051 07/20/2023 DEBBIE CARSON 75.00 439052 07/20/2023 MATHESON TRI -GAS INC 9,178.14 439053 07/20/2023 SCORECARDS UNLIMITED LLC 3,844.71 439054 07/20/2023 COLE AUTO SUPPLY INC 1,463.27 439055 07/20/2023 KREMEDY LLC 3,500.00 439056 07/20/2023 KONICA MINOLTA BUSINESS SOLUTIONS 94.58 439057 07/20/2023 SUPERSAFE LIBRARY SECURITY INC 670.00 439058 07/20/2023 CALVIN GIORDANO & ASSOCIATES INC 32,321.27 439059 07/20/2023 CORE & MAIN LP 39,496.65 439060 07/20/2023 DIRECTV GROUP INC 97.14 439061 07/20/2023 RESCUE TRAINING ASSOCIATES INC 2,250.00 439062 07/20/2023 IM SOLUTIONS INC 472.50 439063 07/20/2023 AMAZON CAPITAL SERVICES INC 7,345.21 439064 07/20/2023 PACE ANALYTICAL SERVICES LLC 1,304.10 4 61 TRANS NBR DATE VENDOR AMOUNT 439065 07/20/2023 AMERIGAS PROPANE LP 233.25 439066 07/20/2023 SKYDIVE SEBASTIAN OF SOUTH FLORIDA INC 4,000.00 439067 07/20/2023 JORDAN POWER EQUIPMENT CORP 256.91 439068 07/20/2023 CK CONTRACTORS & DEVELOPMENT LLC 75,773.77 439069 07/20%2023 DERECK R PRINCE 210.00 439070 07/20/2023 MULLINAX FORD OF VERO BEACH 3,085.73 439071 07/20/2023 JUDITH A BURLEY 206.00 439072 07/20/2023 KRONOS SAASHR INC 192.15 439073 07/20/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 1,655.16 439074 07/20/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 84.63 439075 07/20/2023 DESK SPINCO INC 1,105.50 439076 07/20/2023 FERGUSON US HOLDINGS INC 3,798.40 439077 07/20/2023 STAPLES INC 558.36 439078 07/20/2023 LOWES COMPANIES INC 1,327.31 439079 07/20/2023 TAGMARSHAL INTERNATIONAL LIMITED 3,093.20 439080 07/20/2023 MILLENNIUM CREMATORY LLC 2,350.00 439081 07/20/2023 TOTAL GOLF CART LLC 594.40 439082 07/20/2023 DEX IMAGING LLC 29.53 439083 07/20/2023 SPORTS ENGINE INC 222.00 439084 07/20/2023 QUADMED INC 1,520.70 439085 07/20/2023 ZOLL MEDICAL CORPORATION 8,037.00 439086 07/20/2023 HIREQUEST LLC 376.56 439087 07/20/2023 PETERBILT STORE SOUTH FLORIDA LLC 1,312.54 439088 07/20/2023 GOMEZ BROTHERS CONTRACT SERVICES 360.00 439089 07/20/2023 SANDHILL ENVIRONMENTAL SERVICES LLC 5,943.00 439090 07/20/2023 SHRIEVE CHEMICAL CO LLC 4,295.35 439091 07/20/2023 BTAC HOLDING CORP 4,605.02 439092 07/20/2023 TPH HOLDINGS LLC 240.65 439093 07/20/2023 CRYSTAL MCANELLY DIVERS 70.00 439094 07/20/2023 SEVEN ISLES CAPITAL 460.00 439095 07/20/2023 VERO BEACH GOLF CARS LLC 1,376.65 439096 07/20/2023 PREMIER NURSERIES LLC 3,480.00 439097 07/20/2023 EMPIRE PIPE & SUPPLY COMPANY INC 2,843.96 439098 07/20/2023 NICOLE ALBANO 160.00 439099 07/20/2023 FL ROADWAY GUARDRAIL & SIGNS INC 6,637.50 439100 07/20/2023 TECHSMITH CORPORATION 173.03 439101 07/20/2023 TUCKAHOE HOLDINGS LLC 6,320.00 439102 07/20/2023 BATES AIR & HEAT LLC 238.00 439103 07/20/2023 LF STAFFING SERVICES INC 2,897.85 439104 07/20/2023 FLOOD IRRIGATION INC 2,801.97 439105 07/20/2023 LIAM T MCNALLY 160.00 439106 07/20/2023 DELANEYADKINS 220.00 439107 07/20/2023 MARK HAYNES 40.00 439108 07/20/2023 CENTRAL FLORIDA EXPRESSWAY AUTHORITY 8.60 439109 07/20/2023 CENTRAL FLORIDA EXPRESSWAY AUTHORITY 29.39 Grand Total: 2,264,810.07 5 62 TRANS NBR DATE 902785 07/20/2023 902786 07/20/2023 902787 07/20/2023 Grand Total: RENTAL ASSISTANCE CHECKS WRITTEN VENDOR LAZY J LLC SREIT LEXINGTON CLUB LLC STARWOOD REIT OPERATING PARTNERSHIP LP AMOUNT 635.00 417.00 808.00 1,860.00 63 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR 1020802 07/20/2023 IRRIGATION CONSULTANTS UNLIMITED INC 1020803 07/20/2023 STRYKER SALES CORP 1020804 07/20/2023 HARCROS CHEMICALS, INC. 1020805 07/20/2023 CUMMINS INC 1020806 07/20/2023 UNIFIRST CORPORATION 1020807 07/20/2023 ALLIED DIVERSIFIED OF VERO BEACH LLC 1020808 07/20/2023 GUARDIAN ALARM OF FLORIDA LLC 1020809 07/20/2023 NEXAIR LLC 1020810 07/20/2023 EFE INC 1020811 07/20/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 1020812 07/20/2023 CARLON INC 1020813 07/20/2023 FIRST HOSPITAL LABORATORIES INC 1020814 07/20/2023 HD SUPPLY INC Grand Total: AMOUNT 9.20 1,612.80 4,427.92 2,960.20 1,079.83 9,450.00 1,054.75 52.63 166.32 834.00 788.00 571.00 113.21 23,119.86 1 64 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR 10659 07/14/2023 EDH HOLDINGS LLC 10660 07/17/2023 IRS -PAYROLL TAXES 10661 07/17/2023 ALLEN CONCRETE & MASONRY INC 10662 07/18/2023 SCHOOL DISTRICT OF I R COUNTY 10663 07/19/2023 SAVE ON SP LLC 10664 07/19/2023 P&AADMINISTRATIVE SERVICES INC 10665 07/20/2023 KIMLEY HORN & ASSOC INC 10666 07/20/2023 RX BENEFITS INC Grand Total: AMOUNT 741.52 8,169.76 644,859.15 143,636.00 35,299.21 399.00 10,432.45 214,045.32 1,057,582.41 1 65 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: July 27, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 21, 2023 to July 27, 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 July 21, 2023 to July 27, 2023. 66 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 439110 07/21/2023 UNITED WAY OF INDIAN RIVER COUNTY 744.00 439111 07/21/2023 CALIFORNIA STATE DISBURSEMENT UNIT 305.19 439112 07/21/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 7,567.84 439113 07/21/2023 COMMONWEALTH OF MASSACHUSETTS 154.00 439114 07/21/2023 P&AADMINISTRATIVE SERVICES INC 486.00 439115 07/21/2023 NORTH DAKOTA CHILD SUPPORT 228.47 439116 07/21/2023 BLACKFIN OSLO LLC 209,000.85 439117 07/21/2023 BLACKFIN PARTNERS INVESTMENTS INC 246,602.19 439118 07/27/2023 AT&T WIRELESS 217.05 439119 07/27/2023 AT&T WIRELESS 345.84 439120 07/27/2023 AT&T WIRELESS 157.28 439121 07/27/2023 AT&T WIRELESS 147.92 439122 07/27/2023 AT&T WIRELESS 297.45 439123 07/27/2023 INDIAN RIVER COUNTY HEALTH DEPT 27,608.10 439124 07/27/2023 VICTIM ASSISTANCE PROGRAM 7,460.08 439125 07/27/2023 ROGER J NICOSIA 1,500.00 439126 07/27/2023 CITY OF VERO BEACH 2,230.27 439127 07/27/2023 CITY OF VERO BEACH 11,987.50 439128 07/27/2023 HOME DEPOT USA INC 89.67 439129 07/27/2023 AT&T CORP 198.00 439130 07/27/2023 AT&T CORP 690.00 439131 07/27/2023 AT&T CORP 1,180.50 439132 07/27/2023 INDIAN RIVER COUNTY UTILITIES 357.62 439133 07/27/2023 STATE ATTORNEY 10,610.80 439134 07/27/2023 ST LUCIE COUNTY BOCC 59,533.16 439135 07/27/2023 CELICO PARTNERSHIP 2,320.04 439136 07/27/2023 HINKLE & SONS SERVICES INC 5,300.00 439137 07/27/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 75.64 439138 07/27/2023 STATE OF FLORIDA 19,927.19 439139 07/27/2023 LOWES COMPANIES INC 53.49 439140 07/27/2023 S&ME INC 472.50 439141 07/27/2023 GLENDA BRADLEY 1,000.16 439142 07/27/2023 ROBERT WHALEN 45.72 439143 07/27/2023 UTIL REFUNDS 100.00 439144 07/27/2023 UTIL REFUNDS 23.63 439145 07/27/2023 UTIL REFUNDS 9.91 439146 07/27/2023 UTIL REFUNDS 69.66 439147 07/27/2023 UTIL REFUNDS 37.43 439148 07/27/2023 UTIL REFUNDS 92.22 439149 07/27/2023 UTIL REFUNDS 20.69 439150 07/27/2023 UTIL REFUNDS 60.28 439151 07/27/2023 UTIL REFUNDS 25.13 439152 07/27/2023 UTIL REFUNDS 45.83 439153 07/27/2023 UTIL REFUNDS 35.19 439154 07/27/2023 UTIL REFUNDS 60.20 439155 07/27/2023 UTIL REFUNDS 124.58 439156 07/27/2023 UTIL REFUNDS 85.49 439157 07/27/2023 UTIL REFUNDS 38.08 439158 07/27/2023 UTIL REFUNDS 111.23 439159 07/27/2023 UTIL REFUNDS 86.34 439160 07/27/2023 UTIL REFUNDS 50.75 439161 07/27/2023 UTIL REFUNDS 69.27 439162 07/27/2023 UTIL REFUNDS 83.98 439163 07/27/2023 UTIL REFUNDS 52.30 439164 07/27/2023 UTIL REFUNDS 42.40 439165 07/27/2023 UTIL REFUNDS 75.51 1 67 TRANS NBR DATE VENDOR AMOUNT 439166 07/27/2023 UTIL REFUNDS 7.01 439167 07/27/2023 UTIL REFUNDS 44.36 439168 07/27/2023 UTIL REFUNDS 350.45 439169 07/27/2023 UTIL REFUNDS 41.55 439170 07/27/2023 UTIL REFUNDS 47.96 439171 07/27/2023 UTIL REFUNDS 39.15 439172 07/27/2023 UTIL REFUNDS 187.86 439173 07/27/2023 UTIL REFUNDS 41.97 439174 07/27/2023 UTIL REFUNDS 69.85 439175 07/27/2023 UTIL REFUNDS 107.06 439176 07/27/2023 UTIL REFUNDS 29.46 439177 07/27/2023 UTIL REFUNDS 333.29 439178 07/27/2023 UTIL REFUNDS 37.10 439179 07/27/2023 UTIL REFUNDS 71.31 439180 07/27/2023 UTIL REFUNDS 108.01 439181 07/27/2023 UTIL REFUNDS 44.54 439182 07/27/2023 UTIL REFUNDS 42.35 439183 07/27/2023 UTIL REFUNDS 43.99 439184 07/27/2023 UTIL REFUNDS 39.02 439185 07/27/2023 UTIL REFUNDS 133.56 439186 07/27/2023 UTIL REFUNDS 74.05 439187 07/27/2023 CARTER ASSOCIATES INC 206.25 439188 07/27/2023 GEOSYNTEC CONSULTANTS INC 20,811.26 439189 07/27/2023 ARCADIS U S INC 2,375.50 439190 07/27/2023 MASTELLER & MOLER INC 23,673.25 439191 07/27/2023 SOUTHERN MANAGEMENT LLC 131,352.85 439192 07/27/2023 BOWMAN CONSULTING GROUP LTD 450.00 439193 07/27/2023 TETRA TECH INC 24,136.74 439194 07/27/2023 CONSOR ENGINEERS LLC 149,236.88 439195 07/27/2023 J -MAC CLEANING SERVICES INC 5,591.66 439196 07/27/2023 SPIEZLE ARCHITECTURAL GROUP INC 300.00 439197 07/27/2023 ACP FACILITY SERVICES 11,736.91 439198 07/27/2023 DICKERSON INFRASTRUCTURE INC 204,535.00 439199 07/27/2023 FLORIDA RECREATION & PARK ASSOC INC 350.00 439200 07/27/2023 FLORIDA RECREATION & PARK ASSOC INC 350.00 439201 07/27/2023 FLORIDA RECREATION & PARK ASSOC INC 350.00 439202 07/27/2023 FLORIDA RECREATION & PARK ASSOC INC 350.00 439203 07/27/2023 FLORIDA RECREATION & PARK ASSOC INC 350.00 439204 07/27/2023 FLORIDA RECREATION & PARK ASSOC INC 385.00 439205 07/27/2023 FLORIDA RECREATION & PARK ASSOC INC 350.00 439206 07/27/2023 FLORIDA RECREATION & PARK ASSOC INC 350.00 439207 07/27/2023 FLORIDA RECREATION & PARK ASSOC INC 350.00 439208 07/27/2023 UNIVERSITY OF FLORIDA 350.00 439209 07/27/2023 NAEMT 255.00 439210 07/27/2023 JOSEPH EARMAN 51.62 439211 07/27/2023 JOHN OCONNOR 3.87 439212 07/27/2023 SUSAN ADAMS 194.91 439213 07/27/2023 BENJAMIN ZIMEI 75.00 439214 07/27/2023 JAMES MANN 106.38 439215 07/27/2023 WILLIAM CROSBY 152.55 439216 07/27/2023 JESSE ROLAND 475.00 439217 07/27/2023 BENTON GRASS 75.00 439218 07/27/2023 KATHY COPELAND 157.89 439219 07/27/2023 JOHN TITKANICH 165.24 439220 07/27/2023 MICHAEL STAUDT 1,635.43 439221 07/27/2023 UTIL REFUNDS 39.71 439222 07/27/2023 UTIL REFUNDS 54.62 439223 07/27/2023 UTIL REFUNDS 40.85 439224 07/27/2023 UTIL REFUNDS 87.96 2 68 TRANS NBR DATE VENDOR AMOUNT 439225 07/27/2023 UTIL REFUNDS 53.71 439226 07/27/2023 UTIL REFUNDS 45.34 439227 07/27/2023 UTIL REFUNDS 59.51 439228 07/27/2023 UTIL REFUNDS 83.65 439229 07/27/2023 UTIL REFUNDS 69.89 439230 07/27/2023 UTIL REFUNDS 85.17 439231 07/27/2023 UTIL REFUNDS 43.08 439232 07/27/2023 UTIL REFUNDS 40.24 439233 07/27/2023 UTIL REFUNDS 25.11 439234 07/27/2023 UTIL REFUNDS 24.00 439235 07/27/2023 UTIL REFUNDS 41.99 439236 07/27/2023 UTIL REFUNDS 23.15 439237 07/27/2023 UTIL REFUNDS 37.13 439238 07/27/2023 UTIL REFUNDS 84.04 439239 07/27/2023 UTIL REFUNDS 44.68 439240 07/27/2023 UTIL REFUNDS 25.97 439241 07/27/2023 UTIL REFUNDS 29.11 439242 07/27/2023 UTIL REFUNDS 34.79 439243 07/27/2023 UTIL REFUNDS 60.28 439244 07/27/2023 UTIL REFUNDS 41.05 439245 07/27/2023 UTIL REFUNDS 32.59 439246 07/27/2023 UTIL REFUNDS 64.18 439247 07/27/2023 UTIL REFUNDS 87.38 439248 07/27/2023 UTIL REFUNDS 64.14 439249 07/27/2023 UTIL REFUNDS 60.85 439250 07/27/2023 UTIL REFUNDS 32.06 439251 07/27/2023 UTIL REFUNDS 76.69 439252 07/27/2023 PORT CONSOLIDATED INC 691.51 439253 07/27/2023 STURGIS LUMBER & PLYWOOD CO 176.81 439254 07/27/2023 COMMUNICATIONS INTERNATIONAL 94.83 439255 07/27/2023 RANGER CONSTRUCTION IND INC 439.12 439256 07/27/2023 VERO CHEMICAL DISTRIBUTORS INC 2,493.55 439257 07/27/2023 PERERS ENTERPRISES INC 959.50 439258 07/27/2023 RICOH USA INC 289.45 439259 07/27/2023 HENRY SCHEIN INC 1,710.24 439260 07/27/2023 SAFETY PRODUCTS INC 3,917.41 439261 07/27/2023 E -Z BREW COFFEE & BOTTLE WATER SVC 86.00 439262 07/27/2023 INDIAN RIVER BATTERY 638.40 439263 07/27/2023 GRAINGER 415.71 439264 07/27/2023 GENES AUTO GLASS INC 200.00 439265 07/27/2023 WILD LAND ENTERPRISES INC 23.15 439266 07/27/2023 HACH CO 3,299.20 439267 07/27/2023 CLIFF BERRY INC 510.30 439268 07/27/2023 AVERY DENNISON CORPORATION 3,384.00 439269 07/27/2023 MEEKS PLUMBING INC 1,598.20 439270 07/27/2023 BOUND TREE MEDICAL LLC 4,576.90 439271 07/27/2023 TIRESOLES OF BROWARD INC 1,438.70 439272 07/27/2023 TIRESOLES OF BROWARD INC 261.90 439273 07/27/2023 EDLUND DRITENBAS BINKLEY ARCHITECTS 1,250.00 439274 07/27/2023 ABCO GARAGE DOOR CO INC 384.00 439275 07/27/2023 CARTER ASSOCIATES INC 628.00 439276 07/27/2023 DELL MARKETING LP 1,855.00 439277 07/27/2023 MIDWEST TAPE LLC 720.10 439278 07/27/2023 CENGAGE LEARNING INC 151.44 439279 07/27/2023 SUNSHINE REHABILATION CENTER OF IRC INC 1,595.00 439280 07/27/2023 CITY OF VERO BEACH 7,292.49 439281 07/27/2023 APPLE MACHINE & SUPPLY CO 553.99 439282 07/27/2023 HOME DEPOT USA INC 458.10 439283 07/27/2023 FLORIDA DEPT OF TRANSPORTATION 9.92 3 69 TRANS NBR DATE VENDOR AMOUNT 439284 07/27/2023 LIVINGSTON PAGE 300.00 439285 07/27/2023 FLORIDA DEPT OF AGRICULTURE AND 100.00 439286 07/27/2023 ROGER CLEVELAND GOLF INC 453.50 439287 07/27/2023 FEDERAL EXPRESS CORP 26.59 439288 07/27/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 2,992.76 439289 07/27/2023 COMO OIL COMPANY OF FLORIDA 153.73 439290 07/27/2023 LIBERTY FLAGS INC 1,219.80 439291 07/27/2023 FLORIDA POWER AND LIGHT 59,835.41 439292 07/27/2023 FLORIDA POWER AND LIGHT 7,519.36 439293 07/27/2023 THOMAS S LOWTHER FUNERAL HOME CORP 750.00 439294 07/27/2023 TAYLOR MADE GOLF CO INC 552.56 439295 07/27/2023 CITY OF FELLSMERE 278.88 439296 07/27/2023 STRUNK FUNERAL HOMES & CREMATORY 1,500.00 439297 07/27/2023 TREASURE COAST SPORTS COMMISSION INC 9,582.18 439298 07/27/2023 FLORIDA STATE GOLF ASSOCIATION 1,156.00 439299 07/27/2023 NOTARY PUBLIC UNDERWRITERS INC 112.95 439300 07/27/2023 TRANSPORTATION CONTROL SYSTEMS 12,396.00 439301 07/27/2023 GIFFORD COMMUNITY CENTER 4,511.04 439302 07/27/2023 HENRY SMITH 275.00 439303 07/27/2023 JOHN BROWN & SONS INC 5,000.00 439304 07/27/2023 CHILDRENS HOME SOCIETY OF FL 750.00 439305 07/27/2023 BUSCH WILDLIFE SANCTUARY 400.00 439306 07/27/2023 RECHTIEN INTERNATIONAL TRUCKS 222.75 439307 07/27/2023 THE PALMS AT VERO BEACH 400.00 439308 07/27/2023 TRANE US INC 19,099.24 439309 07/27/2023 HULETT ENVIRONMENTAL SERVICES 753.50 439310 07/27/2023 BUDGET NOTARY SERVICES INC 90.95 439311 07/27/2023 CINTAS CORPORATION NO 2 144.37 439312 07/27/2023 FLORIDA DEPT OF JUVENILE JUSTICE 45,172.77 439313 07/27/2023 POLYDYNE INC 3,749.00 439314 07/27/2023 FREDERICK PAUL MAZZA 350.00 439315 07/27/2023 THE SHERWIN WILLIAMS CO 217.75 439316 07/27/2023 SOUTHERN JANITOR SUPPLY INC 1,232.58 439317 07/27/2023 OCLC ONLINE COMPUTER LIBRARY CENTER 1,564.38 439318 07/27/2023 GLOVER OIL COMPANY INC 46,630.06 439319 07/27/2023 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 7,412.56 439320 07/27/2023 LARRY STEPHENS 250.00 439321 07/27/2023 ORCHID ISLAND PROPERTY MGMT II INC 1,645.92 439322 07/27/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 244.28 439323 07/27/2023 TOTAL TEMPERATURE INSTRUMENTATION INC 1,336.58 439324 07/27/2023 DANE MACDONALD 150.00 439325 07/27/2023 CEMEX INC 355.32 439326 07/27/2023 INDIAN RIVER SOCCER ASSOCIATION 3,000.00 439327 07/27/2023 SOUTHEAST SECURE SHREDDING 45.00 439328 07/27/2023 NICOLACE MARKETING INC 1,680.00 439329 07/27/2023 EXPRESS SUPPLY INC 8,399.88 439330 07/27/2023 BENNETT FIRE PRODUCTS CO INC 194.00 439331 07/27/2023 PIONEER MANUFACTURING 2,909.00 439332 07/27/2023 STAT MEDICAL DISPOSAL INC 335.00 439333 07/27/2023 OVERDRIVE INC 2,030.73 439334 07/27/2023 AUTOMATIONDIRECT.COM INC 1,185.00 439335 07/27/2023 DAVID SCHRYVER 4.59 439336 07/27/2023 ALAN JAY CHEVROLET CADILLAC 48,416.00 439337 07/27/2023 MOORE MOTORS INC 65.00 439338 07/27/2023 JOSHUA HARVEY GHIZ 5,903.89 439339 07/27/2023 CARDINAL HEALTH 110 INC 92.57 439340 07/27/2023 MUNICIPAL EMERGENCY SERVICES INC 994.90 439341 07/27/2023 BURNETT LIME CO INC 3,897.68 439342 07/27/2023 PENGUIN RANDOM HOUSE LLC 30.00 4 70 TRANS NBR DATE VENDOR AMOUNT 439343 07/27/2023 STRAIGHT OAK LLC 426.47 439344 07/27/2023 STS MAINTAIN SERVICES INC 21,374.65 439345 07/27/2023 VALAPTS LLC 700.00 439346 07/27/2023 ANDERSEN ANDRE CONSULTING ENGINEERS INC 2,221.50 439347 07/27/2023 SOLAR SOLUTIONS WINDOW TINTING INC 1,395.00 439348 07/27/2023 GOTTA GO GREEN ENTERPISES INC 190.83 439349 07/27/2023 CDW LLC 244.84 439350 07/27/2023 MATHESON TRI-GAS INC 10,009.80 439351 07/27/2023 COLE AUTO SUPPLY INC 1,103.09 439352 07/27/2023 GARLAND DBS INC 121,203.17 439353 07/27/2023 KONICA MINOLTA BUSINESS SOLUTIONS 384.29 439354 07/27/2023 BETH NOLAN 144.00 439355 07/27/2023 DAY DREAMS UNIFORMS INC 1,384.55 439356 07/27/2023 DAVE FORD PAINTING INC 4,900.00 439357 07/27/2023 NESTLE WATERS NORTH AMERICA 174.48 439358 07/27/2023 CORE & MAIN LP 224,957.60 439359 07/27/2023 BOTTOMS UP BEVERAGE OF FLORIDA LLC 1,040.00 439360 07/27/2023 AMAZON CAPITAL SERVICES INC 156.98 439361 07/27/2023 AMAZON CAPITAL SERVICES INC 21,518.78 439362 07/27/2023 TREASURE COAST PLUMBING LLC 410.00 439363 07/27/2023 PACE ANALYTICAL SERVICES LLC 34.65 439364 07/27/2023 AMERIGAS PROPANE LP 9,843.78 439365 07/27/2023 JORDAN POWER EQUIPMENT CORP 4,271.15 439366 07/27/2023 LIBERTY TIRE RECYCLING LLC 4,452.40 439367 07/27/2023 DERECK R PRINCE 135.00 439368 07/27/2023 MULLINAX FORD OF VERO BEACH 37,066.28 439369 07/27/2023 JUDITH A BURLEY 96.50 439370 07/27/2023 DESK SPINCO INC 1,758.65 439371 07/27/2023 DESK SPINCO INC 30.26 439372 07/27/2023 SUNBELT HYDRAULIC & EQUIPMENT INC 1,910.00 439373 07/27/2023 MT CAUSLEY LLC 31,878.00 439374 07/27/2023 DANIEL HULLEN 37.99 439375 07/27/2023 RANDEE BOK 170.00 439376 07/27/2023 FERGUSON US HOLDINGS INC 333.30 439377 07/27/2023 BLUE GOOSE CONSTRUCTION LLC 16,082.03 439378 07/27/2023 STAPLES INC 436.71 439379 07/27/2023 LOWES COMPANIES INC 3,788.21 439380 07/27/2023 SMI TRADING LLC 16.28 439381 07/27/2023 TEXAS TRAILERS SALES & SERVICE 12,245.00 439382 07/27/2023 ENVIRONMENTAL PRODUCTS GROUP INC 3,486.92 439383 07/27/2023 TOTAL GOLF CART LLC 171.98 439384 07/27/2023 CONTROL TECHNOLOGIES INC 17,034.92 439385 07/27/2023 THEODORE SEMI 350.00 439386 07/27/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 350.00 439387 07/27/2023 PALFINGER US HOLDING INC 1,819.18 439388 07/27/2023 SOUTH FLORIDA EMERGENCY VEHICLES LLC 838.76 439389 07/27/2023 J-MAC CLEANING SERVICES INC 866.66 439390 07/27/2023 BRITTON INDUSTRIES INC 205.34 439391 07/27/2023 CW ROBERTS CONTRACTING INC 221,076.99 439392 07/27/2023 SAMBERG CONSTRUCTION & DEVELOPMENT LLC 22,755.05 439393 07/27/2023 HIREQUEST LLC 15,062.40 439394 07/27/2023 CER SIGNATURE CLEANING LLC 8,050.00 439395 07/27/2023 CLEAN SPACE INC 455.00 439396 07/27/2023 GRANICUS LLC 16,852.50 439397 07/27/2023 GOMEZ BROTHERS CONTRACT SERVICES 2,884.50 439398 07/27/2023 PIVOTAL UTILITY HOLDINGS INC 50.97 439399 07/27/2023 SHRIEVE CHEMICAL CO LLC 4,227.19 439400 07/27/2023 BTAC HOLDING CORP 7,543.57 439401 07/27/2023 BAZON-COX & ASSOCIATES INC 10,194.34 5 71 TRANS NBR DATE VENDOR AMOUNT 439402 07/27/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 400.00 439403 07/27/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 500.00 439404 07/27/2023 SEVEN ISLES CAPITAL 118.00 439405 07/27/2023 SCOTT SEELEY 175.00 439406 07/27/2023 RONALD MARASCO SR 140.00 439407 07/27/2023 SUNCOAST RESEARCH LABS INC 1,515.00 439408 07/27/2023 DE 2018 PLLC 2,223.50 439409 07/27/2023 XEROX CORPORATION 212.78 439410 07/27/2023 XEROX CORPORATION 495.12 439411 07/27/2023 PAIGE K BROWN 20.00 439412 07/27/2023 BLUETARP FINANCIAL INC 204.68 439413 07/27/2023 DONNA W ROBERTS 60.00 439414 07/27/2023 JORDAN PARKER 50.00 439415 07/27/2023 HYDRA -STOP HOLDINGS LLC 1,660.35 439416 07/27/2023 NICOLE ALBANO 30.00 439417 07/27/2023 JOHN DIGIACOMO 50.00 439418 07/27/2023 TUCKAHOE HOLDINGS LLC 1,371.00 439419 07/27/2023 BALL FABRICS INC 4,567.10 439420 07/27/2023 BATES AIR & HEAT LLC 255.75 439421 07/27/2023 LF STAFFING SERVICES INC 3,253.31 439422 07/27/2023 FLOOD IRRIGATION INC 815.00 439423 07/27/2023 GEARFACE LLC 763.94 439424 07/27/2023 DELANEY ADKINS 140.00 439425 07/27/2023 SAMARA WOOLEY 320.00 439426 07/27/2023 ARAMSCO, INC. 8,205.00 439427 07/27/2023 JEFF D MEAD 900.00 439428 07/27/2023 GIFFORD ELDERLY HOUSING LTD 300.00 Grand Total: 2,468,792.58 6 72 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 902788 07/27/2023 XEROX CORPORATION 176.31 Grand Total: 176.31 73 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020815 07/24/2023 AT&T CORP 5,458.24 1020816 07/24/2023 OFFICE DEPOT INC 2,868.52 1020817 07/24/2023 COMCAST 406.20 1020818 07/24/2023 WASTE MANAGEMENT INC OF FLORIDA 13,804.48 1020819 07/27/2023 UNIVERSAL SIGNS & ACCESSORIES 2,100.00 1020820 07/27/2023 INDIAN RIVER OXYGEN INC 1,764.75 1020821 07/27/2023 GALLS LLC 566.63 1020822 07/27/2023 IRRIGATION CONSULTANTS UNLIMITED INC 1,705.75 1020823 07/27/2023 GROVE WELDERS INC 507.54 1020824 07/27/2023 GREEN EQUIPMENT COMPANY 545.00 1020825 07/27/2023 WRIGHT FASTENER COMPANY LLC 81.00 1020826 07/27/2023 UNIFIRST CORPORATION 3.51 1020827 07/27/2023 UNIFIRST CORPORATION 2,324.70 1020828 07/27/2023 GUARDIAN ALARM OF FLORIDA LLC 4,727.60 1020829 07/27/2023 NEXAIR LLC 90.55 1020830 07/27/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 2,595.44 1020831 07/27/2023 CARLON INC 497.50 1020832 07/27/2023 HD SUPPLY INC 1,270.31 Grand Total: 41,317.72 1 74 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10667 07/21/2023 KIMLEY HORN & ASSOC INC 14,507.50 10668 07/21/2023 CLERK OF CIRCUIT COURT 75,873.22 10669 07/21/2023 IRC FIRE FIGHTERS ASSOC 11,156.64 10670 07/21/2023 TEAMSTERS LOCAL UNION #769 2,693.00 10671 07/21/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 9,513.60 10672 07/21/2023 HUMANE SOCIETY 43,000.00 10673 07/21/2023 MUTUAL OF OMAHA 2,677.50 10674 07/21/2023 VEROTOWN LLC 38,029.64 10675 07/21/2023 LINCOLN RETIREMENT 124,864.52 10676 07/24/2023 AMERICAN FAMILY LIFE ASSURANCE CO 14,147.34 10677 07/24/2023 FL SDU 2,977.36 10678 07/24/2023 CITY OF SEBASTIAN 34,130.77 10679 07/24/2023 IRS -PAYROLL TAXES 596,659.71 10680 07/24/2023 VEROTOWN LLC 6,000.00 10681 07/24/2023 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,783.66 10682 07/24/2023 EDH HOLDINGS LLC 867.19 10683 07/25/2023 FIRST AMERICAN TITLE INSURANCE CO 64,423.00 10684 07/26/2023 IRC CHAMBER OF COMMERCE 24,612.64 10685 07/26/2023 IRC CHAMBER OF COMMERCE 14,945.74 10686 07/26/2023 VETERANS COUNCIL OF I R C 6,311.39 10687 07/27/2023 KIMLEY HORN & ASSOC INC 22,577.65 Grand Total: 1,114,752.07 1 75 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: August 3, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 28, 2023 to August 3, 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 July 28, 2023 to August 3, 2023. 76 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 439429 07/31/2023 WILLIE C REAGAN 850.00 439430 07/31/2023 TREASURE COAST HOMELESS SERVICES 7,396.00 439431 07/31/2023 BRACKETT FAMILY LIMITED PARTNERSHIP 1,174.00 439432 07/31/2023 DAVID SPARKS 808.00 439433 07/31/2023 FORT PIERCE HOUSING AUTHORITY 825.00 439434 07/31/2023 THE PALMS AT VERO BEACH 2,398.00 439435 07/31/2023 ARTHUR PRUETT 791.00 439436 07/31/2023 MICHAEL JAHOLKOWSKI 554.00 439437 07/31/2023 RICHARD SCHLITT 862.00 439438 07/31/2023 SUNCOAST REALTY & RENTAL MGMT LLC 872.00 439439 07/31/2023 PAMELA R CUMMINGS 689.00 439440 07/31/2023 INDIAN RIVER RDA LP 530.00 439441 07/31/2023 OKEECHOBEE PARTNERS LLC 1,167.00 439442 07/31/2023 MISS INC OF THE TREASURE COAST 1,636.00 439443 07/31/2023 FIVE STAR PROPERTY HOLDING LLC 1,407.00 439444 07/31/2023 AUGUSTUS B FORT JR 939.00 439445 07/31/2023 H&H SHADOWBROOK LLC 737.00 439446 07/31/2023 WEDGEWOOD RENTALS LLC 768.00 439447 07/31/2023 NKW PIP HOLDINGS I LLC 1,884.00 439448 07/31/2023 KARL POKRANDT 1,109.00 439449 07/31/2023 BRANDON ROUER 3,285.00 439450 07/31/2023 HUDSON CONSULTING & MANAGEMENT LLC 716.00 439451 07/31/2023 SHARON P BRENNAN 689.00 439452 07/31/2023 A PLUS PROPERTY MANAGEMENT INC 3,094.00 439453 07/31/2023 ORCHARD GROVE VENTURE LLC 675.00 439454 07/31/2023 BREGO PROPERTIES LLC 861.00 439455 07/31/2023 SREIT LEXINGTON CLUB LLC 4,509.00 439456 07/31/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 484.00 439457 07/31/2023 MARLBROS HOLDINGS LLC 1,341.00 439458 07/31/2023 SEUNG KIM 708.00 439459 07/31/2023 NEX-GEN PARTNERS LLC 6,678.00 439460 07/31/2023 EZAS INVESTMENTS LLC 1,450.00 439461 07/31/2023 MICHAEL MILLER 1,361.00 439462 07/31/2023 RS REALTY ADVISORS LLC 2,201.00 439463 07/31/2023 WILLIAM J LAHEY 773.00 439464 07/31/2023 SONIA SUSAN SOSA 1,383.00 439465 07/31/2023 ULTIMATE PROPERTIES & LOGISTICS LLC 1,250.00 439466 07/31/2023 KAREN CHENNELL 1,585.00 439467 07/31/2023 JT VERO PROPERTIES LLC 3,215.00 439468 07/31/2023 SM REALTY PARTNERS LLC 2,207.00 439469 07/31/2023 IXORIA RE LLC 2,414.00 439470 07/31/2023 HI LIFE PROPERTY MANAGEMENT LLC 1,578.00 439471 07/31/2023 JB JONES JR 721.00 439472 07/31/2023 UNA GRAHAM 1,400.00 439473 07/31/2023 HAR-RO PROPERTIES LLC 1,030.00 439474 07/31/2023 JOHN DAVID HAYES 2,600.00 439475 07/31/2023 GARY C ALERTE JR 850.00 439476 07/31/2023 FIONNA SMITH 1,417.00 439477 07/31/2023 PINES VILLAGE LLC 1,150.00 439478 07/31/2023 TREASURE COAST MANAGEMENT SPECIALISTS LLC 3,161.29 439479 08/03/2023 UNIVERSITY OF FLORIDA 1,025.00 439480 08/03/2023 SUE FLAK 66.00 439481 08/03/2023 CMEC INC 640.00 439482 08/03/2023 LEON LIBERUS 137.24 439483 08/03/2023 EDLUND DRITENBAS BINKLEY ARCHITECTS 2,970.00 439484 08/03/2023 GEOSYNTEC CONSULTANTS INC 6,816.05 439485 08/03/2023 THE TRANSIT GROUP INC 17,486.37 439486 08/03/2023 CW ROBERTS CONTRACTING INC 268,114.45 77 TRANS NBR DATE VENDOR AMOUNT 439487 08/03/2023 SPIEZLE ARCHITECTURAL GROUP INC 1,237.50 439488 08/03/2023 KATE PRIEST LCSW LLC 5,000.00 439489 08/03/2023 RICOH USA INC 19.89 439490 08/03/2023 AT&T WIRELESS 136.25 439491 08/03/2023 AT&T CORP 6.00 439492 08/03/2023 FLORIDA POWER AND LIGHT 5,476.66 439493 08/03/2023 SUNSHINE STATE ONE CALL OF FL INC 2,232.93 439494 08/03/2023 TREASURE COAST SPORTS COMMISSION INC 60.00 439495 08/03/2023 ROBERT ASMITH 41.46 439496 08/03/2023 BANK OF NEW YORK 987.50 439497 08/03/2023 OHIO DMSION OF UNCLAIMED FUNDS 73.67 439498 08/03/2023 ROSELAND UNITED METHODIST CHURCH 5,691.93 439499 08/03/2023 CURRAN, JOHN 50.00 439500 08/03/2023 PAULALEKSINAS 83.14 439501 08/03/2023 K3 DIRECTIONAL DRILLING INC 340.34 439502 08/03/2023 LOWES COMPANIES INC 97.59 439503 08/03/2023 DANIEL INMAN 20.00 439504 08/03/2023 PIVOTAL UTILITY HOLDINGS INC 17,910.66 439505 08/03/2023 MARK WINSLOW 10.99 439506 08/03/2023 REBECA GUERRA 30.00 439507 08/03/2023 TODD SHOFF 35.00 439508 08/03/2023 ALLEN ROSE INVESTMENTS LLC 500.00 439509 08/03/2023 ALICIA REYES 441.39 439510 08/03/2023 ARIZONA UNCLAIMED PROPERTY UNIT 81.64 439511 08/03/2023 UTIL REFUNDS 699.42 439512 08/03/2023 PORT CONSOLIDATED INC 9,058.64 439513 08/03/2023 SUNCOAST WELDING SUPPLIES INC 127.50 439514 08/03/2023 COMMUNICATIONS INTERNATIONAL 283.60 439515 08/03/2023 SSES INC 403.93 439516 08/03/2023 RANGER CONSTRUCTION IND INC 1,164.24 439517 08/03/2023 VERO CHEMICAL DISTRIBUTORS INC 1,566.90 439518 08/03/2023 RICOH USA INC 264.09 439519 08/03/2023 KIMLEY HORN & ASSOC INC 4,700.00 439520 08/03/2023 DATA FLOW SYSTEMS INC 1,754.00 439521 08/03/2023 INDIAN RIVER BATTERY 702.95 439522 08/03/2023 GRAINGER 359.60 439523 08/03/2023 KELLY TRACTOR CO 2,482.71 439524 08/03/2023 HACH CO 77,066.11 439525 08/03/2023 MEEKS PLUMBING INC 6,544.00 439526 08/03/2023 BOUND TREE MEDICAL LLC 4,694.20 439527 08/03/2023 TIRESOLES OF BROWARD INC 15,732.15 439528 08/03/2023 DELL MARKETING LP 995.00 439529 08/03/2023 MIDWEST TAPE LLC 851.51 439530 08/03/2023 ODYSSEY MANUFACTURING CO 15,583.05 439531 08/03/2023 CENGAGE LEARNING INC 433.34 439532 08/03/2023 CREATIVE CHOICE HOMES XVI LTD 150.00 439533 08/03/2023 CITY OF VERO BEACH 287.11 439534 08/03/2023 HOME DEPOT USA INC 645.20 439535 08/03/2023 UNITED STATES POSTAL SERVICE 15,000.00 439536 08/03/2023 LIVINGSTON PAGE 305.00 439537 08/03/2023 TREASURE COAST HOMELESS SERVICES 33,988.92 439538 08/03/2023 PUBLIX SUPERMARKETS 35.00 439539 08/03/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 52.48 439540 08/03/2023 COMO OIL COMPANY OF FLORIDA 190.68 439541 08/03/2023 FLORIDA POWER AND LIGHT 171,984.64 439542 08/03/2023 FLORIDA POWER AND LIGHT 35,629.21 439543 08/03/2023 COMPLETE ELECTRIC INC 1,037.50 439544 08/03/2023 HENRY SMITH 210.00 439545 08/03/2023 UNIVERSITY OF FLORIDA 1,765.80 439546 08/03/2023 JOHN BROWN & SONS INC 3,500.00 78 TRANS NBR DATE VENDOR AMOUNT 439547 08/03/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 350.00 439548 08/03/2023 BRIDGESTONE AMERICAS INC 2,046.55 439549 08/03/2023 RECHTIEN INTERNATIONAL TRUCKS 318.57 439550 08/03/2023 ST LUCIE COUNTY BOCC 3,096.30 439551 08/03/2023 THE PALMS AT VERO BEACH 1,000.00 439552 08/03/2023 TRANE US INC 5470.39 439553 08/03/2023 HULETT ENVIRONMENTAL SERVICES 158.00 439554 08/03/2023 POLYDYNE INC 3,749.00 439555 08/03/2023 THE SHERWIN WILLIAMS CO 253.04 439556 08/03/2023 SOUTHERN JANITOR SUPPLY INC 1,134.37 439557 08/03/2023 ETR LLC 112.45 439558 08/03/2023 ART KRAFT SIGN CO INC 4,015.00 439559 08/03/2023 GLOVER OIL COMPANY INC 48,731.89 439560 08/03/2023 KARA SCHMIDT 800.00 439561 08/03/2023 C W NIELSEN MFG CORP 1,587.60 439562 08/03/2023 LARRY STEPHENS 175.00 439563 08/03/2023 ORCHID ISLAND PROPERTY MGMT II INC 1,450.00 439564 08/03/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 4,278.04 439565 08/03/2023 JOHNNY B SMITH 75.00 439566 08/03/2023 DANE MACDONALD 75.00 439567 08/03/2023 SIMS CRANE & EQUIPMENT CO 1,723.80 439568 08/03/2023 SOUTHEAST POWER SYSTEMS OF ORLANDO 5,144.56 439569 08/03/2023 AMERICAN HEART ASSOCIATION INC 38.00 439570 08/03/2023 BRENNTAG MID-SOUTH INC 13,326.41 439571 08/03/2023 FLORIDA COAST EQUIPMENT INC 4,929.26 439572 08/03/2023 OVERDRIVE INC 2,540.57 439573 08/03/2023 JOSHUA HARVEY GHIZ 4,905.75 439574 08/03/2023 MUNICIPAL EMERGENCY SERVICES INC 658.95 439575 08/03/2023 CHEMTRADE CHEMICALS CORPORTATION 4,683.89 439576 08/03/2023 BAUDVILLE INC 451.55 439577 08/03/2023 SPORT SURFACES LLC 63,600.00 439578 08/03/2023 STS MAINTAIN SERVICES INC 9,581.55 439579 08/03/2023 MICHAEL EDWARD HAMILTON 300.00 439580 08/03/2023 HAWKINS INC 660.00 439581 08/03/2023 CATHEDRAL CORPORATION 558.96 439582 08/03/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 2,049.01 439583 08/03/2023 GOTTA GO GREEN ENTERPISES INC 89.83 439584 08/03/2023 HYDROMAX USA LLC 10,714.00 439585 08/03/2023 WURTH USA INC 837.45 439586 08/03/2023 EASTERN PIPELINE CONSTRUCTION INC 7,100.00 439587 08/03/2023 AC VETERINARY SPECIALTY SERVICES 45.00 439588 08/03/2023 CDW LLC 122.42 439589 08/03/2023 MATHESON TRI-GAS INC 20,465.31 439590 08/03/2023 COLE AUTO SUPPLY INC 1,964.79 439591 08/03/2023 BETH NOLAN 60.00 439592 08/03/2023 DAY DREAMS UNIFORMS INC 106.80 439593 08/03/2023 FLORIDA BULB & BALLAST INC 3,638.73 439594 08/03/2023 CORE & MAIN LP 330,738.18 439595 08/03/2023 INDIAN RIVER DOCKS LLC 2,450.00 439596 08/03/2023 ABLE GUTTER SERVICES NORTH LLC 3,300.00 439597 08/03/2023 ARI PHOENIX INC 1,843.33 439598 08/03/2023 DIRECTV GROUP INC 87.99 439599 08/03/2023 AMAZON CAPITAL SERVICES INC 4,977.30 439600 08/03/2023 TREASURE COAST PLUMBING LLC 138.00 439601 08/03/2023 PACE ANALYTICAL SERVICES LLC 76.15 439602 08/03/2023 AMERIGAS PROPANE LP 1,355.25 439603 08/03/2023 JORDAN POWER EQUIPMENT CORP 368.65 439604 08/03/2023 GREVILLE H EWAR JR 500.00 439605 08/03/2023 DER.ECK R PRINCE 60.00 439606 08/03/2023 MULLINAX FORD OF VERO BEACH 7,442.86 79 TRANS NBR DATE VENDOR AMOUNT 439607 08/03/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 259.32 439608 08/03/2023 DESK SPINCO INC 2,024.34 439609 08/03/2023 FERGUSON US HOLDINGS INC 10,814.25 439610 08/03/2023 BLUE GOOSE CONSTRUCTION LLC 3,608.70 439611 08/03/2023 ORCHARD GROVE VENTURE LLC 400.00 439612 08/03/2023 STAPLES INC 955.80 439613 08/03/2023 LOWES COMPANIES INC 1,418.91 439614 08/03/2023 SMI TRADING LLC 90.00 439615 08/03/2023 DEX IMAGING LLC 25.00 439616 08/03/2023 ROBERT A HUDSON 75.00 439617 08/03/2023 THEODORE SEMI 175.00 439618 08/03/2023 BLUEBEAM INC 1,333.32 439619 08/03/2023 BRITTON INDUSTRIES INC 67.30 439620 08/03/2023 LAWRENCE F WALLIN 120.00 439621 08/03/2023 HIREQUEST LLC 5,651.60 439622 08/03/2023 PETERBILT STORE SOUTH FLORIDA LLC 410.35 439623 08/03/2023 ENVIRONMENTAL EQUIPMENT SERVICES LLC 53,784.00 439624 08/03/2023 AMERICAN BACKFLOW PRODUCTS COMPANY 11,788.25 439625 08/03/2023 BTAC HOLDING CORP 3,903.58 439626 08/03/2023 TPH HOLDINGS LLC 186.83 439627 08/03/2023 CRYSTAL MCANELLY DIVERS 60.00 439628 08/03/2023 SEVEN ISLES CAPITAL 199.00 439629 08/03/2023 RONALD MARASCO SR 175.00 439630 08/03/2023 XEROX CORPORATION 2,216.85 439631 08/03/2023 TSC JACOBS SOUTH INC 1,136.00 439632 08/03/2023 JUSTFOIA INC 7,593.75 439633 08/03/2023 UPGUARD INC 6,088.80 439634 08/03/2023 BLUETARP FINANCIAL INC 34.56 439635 08/03/2023 FLEETPRIDE INC 349.70 439636 08/03/2023 VETERINARY MEDICAL CENTER OF IRC INC 333.10 439637 08/03/2023 MIKEL KINNEY RUYLE 150.00 439638 08/03/2023 FL ROADWAY GUARDRAIL & SIGNS INC 12,015.00 439639 08/03/2023 JOHN DIGIACOMO 75.00 439640 08/03/2023 BATES AIR & HEAT LLC 2,349.40 439641 08/03/2023 LF STAFFING SERVICES INC 1,692.15 439642 08/03/2023 SUMMIT FIRE & SECURITY LLC 199.00 439643 08/03/2023 CYNTHIA WOLD 50.00 Grand Total: 1,554,569.78 80 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 902789 08/01/2023 BREVARD COUNTY HOUSING AUTHORITY 2,219.16 902790 08/01/2023 GRACES LANDING LTD 13,178.00 902791 08/01/2023 BETTY DAVIS SCROGGS 760.00 902792 08/01/2023 CREATIVE CHOICE HOMES XVI LTD 12,165.00 902793 08/01/2023 DAVID YORK 574.00 902794 08/01/2023 ST FRANCIS MANOR OF VERO BEACH 1,570.00 902795 08/01/2023 TREASURE COAST HOMELESS SERVICES 1,774.00 902796 08/01/2023 FLORIDA POWER AND LIGHT 62.00 902797 08/01/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,565.00 902798 08/01/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,409.00 902799 08/01/2023 THE PALMS AT VERO BEACH 18,964.00 902800 08/01/2023 DAVID CONDON 980.00 902801 08/01/2023 HILARY MCIVOR 341.00 902802 08/01/2023 PELICAN ISLES LP 10,886.00 902803 08/01/2023 SUNCOAST REALTY & RENTAL MGMT LLC 621.00 902804 08/01/2023 PAMELA R CUMMINGS 600.00 902805 08/01/2023 ADINAGOLDMAN-WALKER 1,139.00 902806 08/01/2023 INDIAN RIVER RDA LP 2,834.00 902807 08/01/2023 LAZY J LLC 2,612.00 902808 08/01/2023 SAID S MOOBARK 2,007.00 902809 08/01/2023 OSCEOLA COUNTY SECTION 8 1,086.16 902810 08/01/2023 YVONNE KOUTSOFIOS 180.00 902811 08/01/2023 BRIAN E GALLAGHER 722.00 902812 08/01/2023 JOHN T STANLEY 1,534.00 902813 08/01/2023 WEDGEWOOD RENTALS LLC 1,193.00 902814 08/01/2023 COALITION FOR ATTAINABLE HOMES INC 817.00 902815 08/01/2023 MYRIAM MELENDEZ 743.00 902816 08/01/2023 WATSON REALTY GROUP 2,237.00 902817 08/01/2023 SHER LLC 801.00 902818 08/01/2023 SUNQUEST APRTMENTS LLC 788.00 902819 08/01/2023 ORCHARD GROVE VENTURE LLC 19,006.00 902820 08/01/2023 SREIT LEXINGTON CLUB LLC 31,003.00 902821 08/01/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 17,449.00 902822 08/01/2023 B4 TC PROPERTIES LLC 983.00 902823 08/01/2023 STREIT RIVER PARK PLACE LLC 19,184.00 902824 08/01/2023 EZAS INVESTMENTS LLC 767.00 902825 08/01/2023 DANIEL I PREUSS 577.00 902826 08/01/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 28,105.00 902827 08/01/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 5,105.00 902828 08/01/2023 JACOURT LLC 3,137.00 902829 08/01/2023 CHRISTINE HARVEY LAWRENCE 660.00 902830 08/01/2023 CENTER LAKE PROPERTY MANAGEMENT LLC 3,887.00 902831 08/01/2023 GRACES LANDING LTD 647.00 902832 08/01/2023 CREATIVE CHOICE HOMES XVI LTD 1,687.00 902833 08/01/2023 FLORIDA POWER AND LIGHT 84.00 902834 08/01/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 411.00 902835 08/01/2023 PELICAN ISLES LP 657.00 902836 08/01/2023 LAZY J LLC 428.00 902837 08/01/2023 COALITION FOR ATTAINABLE HOMES INC 691.00 902838 08/01/2023 ORCHARD GROVE VENTURE LLC 5,686.00 902839 08/01/2023 SREIT LEXINGTON CLUB LLC 2,658.00 902840 08/01/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 298.00 902841 08/01/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 3,684.00 902842 08/01/2023 JACOURT LLC 3,752.00 902843 08/03/2023 THE NELROD COMPANY 2,684.00 902844 08/03/2023 ALAN JAY CHEVROLET CADILLAC 26,888.00 Grand Total: 270,479.32 81 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020833 08/01/2023 AT&T CORP 6.87 1020834 08/01/2023 AT&T CORP 1,632.53 1020835 08/01/2023 AT&T CORP 6.93 1020836 08/01/2023 AT&T CORP 5.29 1020837 08/01/2023 OFFICE DEPOT INC 1,780.50 1020838 08/01/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,000.00 1020839 08/01/2023 COMCAST 947.35 1020840 08/01/2023 WASTE MANAGEMENT INC OF FLORIDA 1,546.73 1020841 08/03/2023 NORTH SOUTH SUPPLY INC 409.44 1020842 08/03/2023 UNIVERSAL SIGNS & ACCESSORIES 50.00 1020843 08/03/2023 RING POWER CORPORATION 944.50 1020844 08/03/2023 MIKES GARAGE & WRECKER SERVICE INC 435.00 1020845 08/03/2023 DAVES SPORTING GOODS & TROPHIES 90.00 1020846 08/03/2023 GALLS LLC 1,268.80 1020847 08/03/2023 IRRIGATION CONSULTANTS UNLIMITED INC 57.36 1020848 08/03/2023 GROVE WELDERS INC 663.67 1020849 08/03/2023 TOTAL TRUCK PARTS INC 66.86 1020850 08/03/2023 TOTAL TRUCK PARTS INC 368.10 1020851 08/03/2023 AUTO PARTNERS LLC 14,576.00 1020852 08/03/2023 UNIFIRST CORPORATION 523.17 1020853 08/03/2023 EFE INC 1,826.32 1020854 08/03/2023 CARLON INC 674.00 1020855 08/03/2023 CUMMINS INC 17,762.63 Grand Total: 51,642.05 82 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10688 07/28/2023 KIMLEY HORN & ASSOC INC 3,680.00 10689 07/28/2023 SENIOR RESOURCE ASSOCIATION 512,496.02 10690 07/28/2023 CER SIGNATURE CLEANING LLC 13,762.87 10691 07/28/2023 EDH HOLDINGS LLC 685.34 10692 08/01/2023 ST LUCIE BATTERY & TIRE CO 1,159.27 10693 08/01/2023 CLERK OF CIRCUIT COURT 115,585.41 10694 08/01/2023 INDIAN RIVER COUNTY SHERIFF 5,367,129.15 10695 08/01/2023 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 119,588.32 10696 08/01/2023 VEROTOWN LLC 583,684.66 10697 08/01/2023 RX BENEFITS INC 263,118.00 10698 08/02/2023 FL RETIREMENT SYSTEM 1,163,914.83 10699 08/02/2023 TD BANK 14,324.99 Grand Total: 8,159,128.86 83 CONSENT AGENDA August 15, 2023 CLERK OF CIRCUIT COURT INTEROFFICE MEMORANDUM To: Honorable Board of County Commissioners Date: August 15, 2023 Subject: Approval of Public Official Bond for Ryan L. Butler, Clerk of the Circuit Court and Comptroller From: Terri Collins -Lister, Supervisor Clerk to the Board and VAB Pursuant to Section 137.01, Florida Statutes, Public Official Bonds must be approved by the Board of County Commissioners. It is requested that the Board approve the attached Public Official Bond, effective July 3, 2023 through January 6, 2025, for Ryan L. Butler. In accordance with Ordinance 2012-033, the Public Official Bonds/Renewal Certificates are on file in the Office of the Clerk to the Board. Attachment: Public Official Bond — Ryan L. Butler 84 W as Principal, and The Ohio Casualty Insurance Company as Surety, are bound unto the Governor of the State of Florida, and his successors in office, in the sum of $100,00QA0 .: Dollars. we hereby bind ourselves and each of our heirs, executors, administrators, successors and assirs, jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCK That, whereas, said official was elected ❑ appointed Z Court Cleric (Name ofQf(icel to hold this office for a term beginning July 1, 2023 and ending January 6, 2025 and until his/her successor is qualified according to the Constitution and Laws of the State of Florida. NOW, THEREFOM if The official shall faithfully perform the duties of their office as provided by law, this obligs6Mt: void. Ryan Butler �I Signed and Sealed this 30th day of June , 175 Berkeley Street, Boston, Massachusetts 02116 �=Jliess eE t}:3tn.4uriflt anrpaxr) The Ohio Casualty Insurance Company µUar+'rtrery t ame of Local Bonding Company) 10 1 PL, nd, FL. 32751 ivY ocn ng Campa+!vl hniK � BY ieensed Agent) (Social Security Licenscd Agent) W .i; Licensed Agent) The above U app wW *4 p. &' of GFinirtitan: _Siom Adams- Vice Chairman J E..Flescher Jos* H; Blow.: - t 85: This Power of Attorney limits the acts of those named herein, and they have no authority to _ bind the Company except in the manner and to the extent herein stated. e The Ohio Casualty Insurance Company SWIETY POWER of Principal: Ryan Butler Agency Name: SCHLiTr INS SERVICES INC Obligo.' Govemor of the Stat of Florida Bond Amount ($ 100,000.00 ) One Hundred Thousand Dollars And Zero Cents KNOW ALL PERSONS BY THESE PRESENTS: that TheOt»o Casualty insurance Cqp .}qgpoqftJ�MAUM1wRIkFd Naw Hampshire (he elf collectively caked the `Company', pursuant to and by authority herein set forth, does hit willntjaad be 11RAfto and state of Vero Beech, Florida, each indviduaky H there be more than one named, its true and lawful aWmey-in fed to mdaR fIMfI -- 14. I00Al1>l b" as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuaNewV11 le pttllMltfltd li tVMVW Companies as if they have been duly signed by the president and attested by the secretary of the Company in their own proper persons. IN WITNESS WHEREOF, this Powe* of Attorney has been subscribed by an authorized officer or official of the Company and the corpora1Mt11lffhe Company has beim affixed thereto this 26th day of September, 2016. qty Mau, l hL Ohrn Casualty Irnu1»ee Company �eR''6'F+ 4 1919 ui By: cur � ''yl • *� 'C C Cr C to to " STATE OF PENNSYLVANIAto as c COUNTY OF MONTGOMERY E U 0 On this 26th day of September, 2016, before me personally appeared David M. Carey, who admoMedged himself to be the Assistant $10llary of The Ohio Casualty Insurarim52 'p Company and Met he, as such, being authorized so to do, execute Me foregoing instrument for the purposes therein contained by signing on boW of the corporations by himself as duty d > autnarzed oanar. > D IN WITNESS WHEREOF I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania. on the day and 101"0 above written I in a 0 02 by P S Q��OMW� akwamosith dPo ylvv"-Ndary Snit N'(U trU ti u° .14P"PyMa. Nobly PuDk ±± `- E Om or : op. r- O- C AYrM ie. 2025 � � .tX bWa�fnon mffbw 112804Q o y1 �V wwu8.. � A—.A— a woo- atbai O.t k0 m P� f This Power of Attorney is made and executed pursuant to and by "orfty of the following By-law and Authorizations of The Ohio Casualty insurance Company, which is now to full face t1 I ori and elect reading as fobows `O D ARTICLE IV-OFFICERS: Section 12. Power ofAttomey. C roc Any office or other official of the Corporation authorized for that purpose in writing by the Chairman or the Pres4ent and subled to such limitation as the Chairman or the o > W taresrdent may prescribe, shall appoint such attorneys-iMac, as may be necessary to act in behalf of the Corporation to make, execute, seal, adurowiedge and deliver as surety C o any and all undertakings, bonds, recognizences and other surety obligations. Such attome"-fad, subject to the limitations set forth in their respective powers of attorney, shag hm IIA power to bind flue Corporation by Gree sgnabae and executed, suctr mshwnents shelf be as binding as l signed by the President and fisted to by the Secretary. Any p power or authority granted to any representative or attomey-in-fad under the provisions of this artide may be revoked at any time by the Board, the Chairman, the President or by L L a Mk officer or officers granting such power or authority. Certificate of Designation - The President d the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys in- iad as may be necessary to act on behalf of the Company to make, execute. seal. acknowledge and deliver as surety any and all undertakings. bonds, recognizances and other surety obbgauon5 Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mec harvcMy reixoduced signature or electronic signatures of any assistant secretary of the Company or facsimile or mechanically, reproduced or electronic seal of the Company, wherever appearing upon a certified copy of any parer of attorney or bond issued by the Company in connection with surety bonds. shag be valid and binding upon the Company with the same force and effect as through manually affixed. 1. Renee C. Liewelyn, the undersigned, AssaAwt Secretary, of True Otero iawa3ty uisukalce Gornpany do hemaby certify that this powek of awney executed by sand Company u in 44 force and effect and has not been revoked. IN TESTIMONY WHEREOF, i have hereunto sat my hand and affixed the seals of said Company this 30th day of lune 2023 leis "" .4hqKA&*— Assistant Secretary +tF 86 m �EP INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM ,a # Assistant County Administrator / 0RtPl' Department of General Services Parks and Recreation Date: August 4, 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: Agreement between PCP Tactical, LLC and The Board of County Commissioners Indian River County Florida BACKGROUND: The Indian River County Public Shooting Range (Range) is located in northern Indian River County on 320 acres which is managed and operated by Indian River County in partnership with the Florida Fish & Wildlife Conservation Commission (FWC). The concession lease with the FWC allows for the operation and management of a complete public shooting range which is staffed and open to the public Thursdays through Mondays year-round. The facility consists of a 5 - stand shotgun range, pistol range with 35 firing stations, rifle range with 20 stations, air gun range, 65 -yard archery range, walk-through archery course, and action range. The facility also contains the only publicly owned and operated clays facility of its kind in East Central Florida with three combination skeet and trap fields, 5 -stand sporting clays, and a sporting clays course. With the assistance of the US Fish & Wildlife Service and Florida Fish & Wildlife Conservation Commission, a classroom and concession building was completed in late 2017 and is now fully operational. DESCRIPTION AND CONDITIONS: In order to take full advantage of the Range's facility and maximize use, the County issued a Request for Information (RFI) on January 11, 2023, to obtain information from applicants who were capable, interested and willing to pay a fee for the utilization of Range on days when it is closed to the public (Tuesdays and Wednesdays). Responses were accepted through 2 p.m. on January 26, 2023. One response was received from PCP Tactical, LLC/Gorilla Ammunitions, LLC (PCP Tactical). PCP Tactical is a manufacturer of high-end ammunition with military uses. The ammunition is made to exacting standards which requires testing at ranges of 100 yards or greater. Because of the high quality and significant cost of the ammunition PCP Tactical is expected to use the Range for primarily testing and demonstration purposes. Its manufacturing plant is adjacent to the Range. The proposal dated January 25, 2023, included the company's interest to utilize the Range due to its location within close proximity to their operating facility located at 10315 102nd Terrace, Sebastian, for the purpose of corporate training, shooting, and demonstrations on Tuesdays and Wednesdays. The company proposed a daily rate of pay to the County of $500 per day ($52,000 per year). Their proposal reflects the fact that as a firearms and ammunition company, they are uniquely positioned to provide strict safety and security on the site and have liability insurance policies set above the minimum limit required by the County. 87 Staff has worked with PCP Tactical to develop the attached Agreement which has been reviewed by the County Attorney, County Risk Manager, and the Florida. Fish & Wildlife Conservation Commission. The Agreement provides for an annual fee of $52,000 payable in quarterly installments due before the 15th day after execution of the Agreement. The term of the Agreement will be for a period of three years, terminating in 2026, and may be terminated by either party with or without cause providing a sixty (60) day notice. PCP Tactical shall provide all necessary liability insurance as outlined in the Agreement which shall be provided to the County's Risk Manager for review and approval. Access to the facility shall be provided as outlined in the Agreement. PCP Tactical will be responsible for cleaning and any minor maintenance associated with their use leaving the grounds, restrooms, and range areas in the same condition as received upon use each day. PCP Tactical will not have access to any buildings at the Range except for access to the restrooms which are unlocked with doors that open to the outside. FUNDING: There is no additional funding required by the County for the operational aspects of this Agreement outside of the normal operating costs associated with public use. Minimal wear and tear on the facility is expected, but would be offset by the revenue generated by this Agreement. RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners accept the attached Agreement with PCP Tactical, and authorize the Chairman to execute the Agreement upon receipt of the fully executed Third Amendment from Florida Fish & Wildlife Conservation Commission, and after review by the County Attorney for legal sufficiency. ATTACHMENTS: RFI Shooting Range 2023025 PCP Tactical LLC, Gorilla Ammo RFI Response Agreement between PCP Ammunition, LLC/Gorilla Ammunitions, LLC and The Board of County Commissioners Indian River County Florida APPROVED AGENDA ITEM FOR AUGUST 15, 2023 88 W` ERco Request for Information #2023025 Shooting Range Utilization 1. INTRODUCTION This Request for Information (RFI) is issued to obtain information on the Applicants that are capable and interested in utilizing the Indian River County Public Shooting Range (Range) when it is closed to the public (Tuesday and Wednesdays). The Range is located at 10455 102nd Terrace, Sebastian Florida 32958. Responses will be accepted through 2 p.m. on January 26, 2023. The provided Response Form (the last page of this document) should be completed and sent, along with the additional supporting documentation, via e-mail to purchasing@ircgov.com, with the subject "Response to RFI 2023025 — Shooting Range Utilization." Should you prefer to provide your response in printed form, please mail or deliver one copy to Purchasing Division, 1800 27`h Street (Room 131-301), Vero Beach, FL 32960, and ensure it is received prior to 2 p.m. on January 26, 2023. A formal bid or request for proposals may be requested after the response period for this RFI ends. The Board of County Commissioners may also directly negotiate an agreement, should only one viable response be received. 2. OBJECTIVES Indian River County is interested in seeking applicants that are willing to pay an annual fee to utilize the Indian River County Shooting Range for corporate training and demonstration activities on Tuesdays and Wednesdays, while the range is traditionally closed to the public. 2. REQUIREMENTS • Requires complete and independent supervision of the Applicant and by the Applicant in accordance with Indian River County safety and range officer protocol. • Be solely responsible for the safety and security of the site during use. • Provide unrestricted access to Indian River County Shooting Range Staff while operating independently under the strict safety guidelines, rules and hours of the Range. • Provide all necessary set up, tear down, and clean up after use. Range must be clean and clear at the end of each day (no equipment will be stored on site). • Provide a written monthly schedule to the Range Manager, which will be due 30 days prior to projected use. • Applicant must have all necessary licenses and permits to operate in Indian River County. • Applicant must be actively registered with and use, at their sole expense, the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees, as required by Section 448.095, F.S. • Applicant shall not charge any fee, or otherwise grant access to the general public. Issued January 11, 2023 89 Request for Information #2023025 Shooting Range Utilization Applicant shall hold harmless Indian River County and its employees, and indemnify and repair any damage to the facility beyond normal wear and tear. The following minimum insurance requirements will need to be met: • Commercial General Liability, minimum $500,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage, including coverage for premises/operations, products/completed operations, contractual liability, independent contractors. Indian River County must be named as additional insured. • Business Auto Liability, minimum $500,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage, including coverage for owned, hired, and non - owned autos. If a vendor is using a personal vehicle, the minimum acceptable limits for personal auto liability is $100,000 per occurrence • Workers' Compensation Insurance in accordance with Florida Statutes, including Employer Liability with a limit of $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee); Or "Certificate of Election to be Exempt" issued by the State of Florida Department of Financial Services Division of Workers' Compensation Or notarized statement of exemption that can be requested from the Purchasing Division. No -Contact: Applicants and their agents must not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to this RFI. This restriction is effective from the time of issue until the Board of County Commissioners meets to authorize any award. Such communication may result in rejection or disqualification. Issued January 11, 2023 90 Response Form Send to purchasing@ircgov.com (please use Subject: "Response to RF12023025- Shooting Range Utilization") Responses accepted until p.m.'on:JanwryN, 2023 Response Form — Shooting Range Utilization Applicant Name: Owner/Contact: Email: Phone Number: Address: Website: Facebook: Federal Tax ID: SunBiz Registration: Attach to this form, the following supporting documentation: Document how would the range would be utilized (include proposed annual or daily fee. If F-1 proposing daily fee, note how many days per year you plan to utilize the range) ❑ Signed IRS W-9 Form, dated within last six months ❑ Evidence of insurance reflecting levels required above, or letter from carrier indicating ability to obtain Documentation of certifications, business license, etc. ❑ Sample agreement (if applicable) Issued January 11, 2023 — RETURN ONLY THIS FORM AND LISTED SUPPORTING DOCUMENTATION 91 i t I To: Indian Rhoram " From: Lanse Padgett President PCP TactkW UjC/So � Af ntfVJMdgtstn Ltt Date. 1-25.2023 Re: Response to RFi 2023025- Shooting Range Utilization Please accept OW Wication to udWdwcow* shooting range located directly next door to our operatingf0 tat 10315 302"Terrace, Sebastian, Florida on the days it is currently closed. Our Intent Is to use the.f"ange for corporate training, shooting, and demonstration activities on Tuesdays and Wednesdays. We would anticipate an annual payment of approximately $;000fyear or.$500 dollars per day. If that fee is not appropriate, we are happy to discuss. htfll�tion, o are very willing to cooperate with the ff Tuesdays or Wedneedsyswhenthey have an alternate use scheduled. 4 j We have read the requirements outlined in the Rf! and Intend to complyaM", fta requirements listed. We are uniquely positioned to provide strict safety and seoliN.ft4 we currently are in the firearms and ammunition business with range safety of lrglsl In I addition, we have lift insurance of $1,000,000 per occurrence along with a $501111 liability umbrella polkythat far exceeds the requirements listed in the RFI. We have attached all the required documents!Dd*ruponse. If any additional information Is heeded please reach out and we will provide it knondlately. i Thank Vou for the opportunity to discuss the utilization of the range. Asa li11*11M nit of I Indian River County, I have always enjoyed a great working relationship with therC*% W Departments and leadership. I hope to continue that great relationship working with' our neighbors at the Indian River County Shooting Range. j T your consideration. Have a great day! anse Pa ge# President/CEO PCP Tactical LLC Gorilla Ammunition LLC 14W 102' Ter tcl,,EL �i9�58 4T1�473-3192 s I t 93 I .46CERTIFICATE OF LIABIWW IIi,SURANCE C= THIS GER 18ISUEO AS A MATTER OF INFORMATION NO RIGHTS QWIFICATrt Oft NOT AFFIRMATIVELY OR NEGATIVELY A EItMW OR ALTER THE C SItOW. TtOaRTIFICATE OF INSURANCE DOES NOT CONSTSM A CONTRACT BETWEEN, ATIVE Olt , AM THE CERTIFICATE . If the on ADDITION& INSmat how 1 (Ma TION IS WAIVED. %M a"'6`aondMl l pelka pomay dor not +�.. IwkManegemeln Services, ktc, PGKAC7.01 _ . _ _ ... wwww TE Nle' BY THE M TIL �1! AttD .. _ .. . . x swim : . mow.. p ftW0 We AN" ism - .. .. WOO".... .. ..., -. - .. ... ....... . . JIIi 1R�If —low X� NIA, ILL A ttUirY (T OEACRIPTION OF oPERA..o+afueln.�asslw MoltIIs+M.Arrwrlel.�r.er.wan. tailliM CERTIFICATE HOLDER CANC ►' QATE� ° ,m i MIMI& IN ACCORDANCE MATH THE POLICY PROM ALRMO`RIxZ{A O RNPOWAMATM ® , .... C Alfloft reserved AOQRD 28 (2016" The ACORD name and logo are registered marks of ACOW 95 Additional Looilldons: 2. The Policy Period is fromOMSAM lb 07116!2023 12:01 a.m. StoWard Time at the IrgtAlttrnalling address. 3. A. Workers Compensa*01lAMlllgn part ONE of the policy applies to the Workers C Mpool n law of the states listed here: FL A Suip1loWs Liabft tnsuhnm Part TWO of the policy appbs to work in each state wed in Nift. 111p ftft of our liability tinder Part TWO are: Bodily Injury by Accident $ 1,000,000 each accident Bodily Injury by Disease $ 1,tiDD;t policy limit Bodily Injury by Disease $ 1,tXf0,t each employee G Dow fillo a Insurance: Part THREE of the policy applies I* #* states, if any, listed here: Ap stetds except ND. OH, WA, WY and states listed in item 3A. M Tiff poleytrtdudes theseelmlimsements and schedules: See attached schedule. +4. Thep unium fore poft will bedeiermined by our Manuals of Rules, Classifications, Rates, and Rating Plans. AN k*ffmtion, requk+lMd beim is sttljsct to verification and by audita SIE EMIUM OF INFORMATION PAGE Minhimm Pt It ; 406 Expense Constant $ 160 Premium Discount $ -301 aa111 Taxes $ Total Estima lSd AnnualPremium j 13,484 C);TW is a Three Year Fixed Rate Policy O1tMllklm Adjustment Period: Annual; ❑Semiannual, QGhowift Q Mogft _,,�..—..••+ fta-•,d Oft. OYnM= Issuing Olike:DANCE MOW.11111053 CO. 9003 INSURED:.'Y. Page 1 of 4 2023 3 LOCAL OMMM: TAX ! r i i z s TM)M Rm' vtb�; FUMIDA MUST BE DtS f %AYW* A lcowM vow I ftjw TYPE OF 808 MANUFACTUR[ts BUSINESS' i7 BUSINESS ADDRESS 3895 39TH SQ VERO BEACH, 98 Fl 31'960 � "Nor 1�l11Nt PCP TACTICAL LLC UAW PADGETT, CHARLES A, PADGETT, ROBERT L, CORR, THOMAS L� 3695 39TH VW BEACH, FL 32960 �M iii � !11� 1M 9f, auet�' Paid 0812212022 40.00 182-00000263 e TAgX LOOL IN - I€ f I: { r i i z s l 98 E ;it .wuf lcuif�i ToMcru. i raa€nttrafli USCCkqW FA *IWftW ttf Ift pn"nrsiom t� , b *mow tolow tf w1 km €e, + sMw� lilft li�i� porlca!'C1f�11r L Tf11� ! � . -_. - .i�tiNAt,� +lir!�►a1�1�rM�1f�i�le11�1�1io lliia�AlF Aff wcw.FFLC e is F7 C.tii+r[Fw`<r ,�, i • r 1 7fi •F t'IfteEtetKeniFii� i.ttttt€ritl/C tE�i�j . , 70(L s 101M i, w a+ YRACO V PF PrtctMry� IfOtmtls■fNtMt;yfitt+it�/ttsaEeatpe al" " ./ .Awrtyts} 1i:'d■a.' fln�afat>wsat�jiitatrtnt'aMdlMrl�oeff�t# _. €► . rte€ Fwrflrir' , afeldal�s. lNl�ttttllf�al fatnxJ alr..f MttMp�t ' ,. � - : . i tiLsarM ritnrea�rtet . �rtAMIrAM�affrr�aN f►�r�dR `�Mau/Aetl�iir?!tt. farthrallttlentrtihrwepay}ttltrhfMtrelltaairr lrka*aidutf ftlitiAl lf110f)1NN1: �- fliiiCl t�71�•�lop �t ji No .a")" o A[i ilrlfif�f�It Wr4ti,11� .. 21J +�! 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MtIhM iil dr► (nrnt itwt aiata .w r.btcb the wgipe+e!nt bepal+ w tan► aw ria Itttaate.s 1 ----------- -- - 19r wtii f swt Lisowtti"4 #.coo � t LietiestJa€tut € 1 1 ipla;nutr N,ttte : i�►A' ' t i:fatawtAltbtttMer t•5q-obi t I.rt€trt�a.T p0 IaMANUs plFOBTRUCT11A 1 t 1 i t ratuxr,ro � 1. i" A tta! 81, t �!FtMtlfGts Sat Yait/farttM.'Msart7*tt 1 t gitpsMYawai'b+ew :: 1 Padgett. Charles A 3895 39th Square Vero Beach, FL 32960 Title Manager Padgett, Robert L 207 Conn Way VERO BEACH, FL 32963 deports - Report Year Filed Date 2021 02124►2021 01/11/2022 - 2023 01/23/2023 aflratu�r2»�r+wt� 1Aiwbtat�fln. mtwo MranT VAW# WAPW:bwNl vNw image a p'OF toanM Oift]t�'ti ar�+nar VtowYsta�rnt�DF'UfMsl war faNgstn POF:bauM T2- wwteaaJrrPOFtsnlrt Ww iinpea pQF tpnrtM L$ ,�naruut�o�wnwr Mew rn�inl!oF%nMt g-AWAAALOwnw. Vw livow in PDF fb+nMR. 3 » RlgPL1Rt lbat ir"o fm PDF roerMt 230242 2.- .AWsJM RWIM Vwr Its W in PDF rase W V :?;:9 '`t1 - FOz: ,.j. : vmw ww o Jn POF $Nivim AGREEMENT BETWEEN PCP TACTICAL, LLC AND THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA THIS AGREEMENT ("Agreement") is entered into as of July 11, 2023, by and between PCP Tactical, LLC, a Florida limited liability company whose address is 10315 102nd Terrace Sebastian, FL 32958; and Gorilla Ammunitions, LLC, a Florida limited liability company, whose address is 10315102 d Terrace, Sebastian, FL 32958; collectively referred to as "PCP Tactical" and Indian River County, apolitical subdivision of the State of Florida, whose address is 180127" St., Vero Beach, FL 32960 hereinafter referred to as "County". WHEREAS, the County maintains and operates a Public Shooting Range ("Range") in Indian River County; and WHEREAS, PCP Tactical is a manufacturer of high end ammunition whose main business operations take place on property adjacent to the Range; and WHEREAS, PCP Tactical desires to use the range for the purpose of fulfilling their corporate mission to conduct testing, training and shooting demonstrations of various ammunition products by PCP Tactical staff, customers and, in the future, extend invitations to similar industry groups, affiliates, organizations and professional associations in order to defray the fees paid to the County under this agreement; and WHEREAS, the parties desire to enter into this Agreement setting forth certain terms and conditions relating to the use of the Range by PCP Tactical; NOW, THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the parties agree as follows: 1. The above whereas clauses are true and correct and incorporated into this agreement by reference. 2. EXCLUSIVE USE: PCP Tactical shall have exclusive use of the Range for training purposes on Tuesdays and Wednesdays excepting special events properly noticed by the County under Section 3 of this Agreement. PCP Tactical will be responsible for providing National Rifle Association Certified Range Safety Officer Instructors to supervise all Range activity. PCP Tactical will not utilize or deplete any Range inventory including but not limited to targets and ammunition belonging to the Range. PCP Tactical shall ensure that the public does not access the facilities at the Range during PCP Tactical's use under this Agreement. Shooting shall be restricted to the designated Range Line and Clays Course areas unless approved in advance by the Range Manager. 3. RANGE USAGE AND CLOSURE: PCP Tactical will provide a quarterly training schedule to the Range Manager prior to utilizing the Range. The Range shall be closed to the public on Tuesdays and Wednesdays for the duration of this Agreement except when the Range Manager provides thirty (30) days written notice to PCP Tactical of a conflicting special event scheduled by the County during which the Range will not be available for use by PCP Tactical. Prior to each use of Range, PCP tactical shall verify there are no maintenance workers located in the section PCP Tactical is utilizing. 4. FEE: PCP Tactical shall pay an annual flat fee of $52,000 payable in quarterly installments due on or before the 15th day of July, October, January and April respectively. Payment due must be received in full and in advance of using of the Range. The annual fee for subsequent fiscal years shall be due in quarterly 102 installments in April, July, October, and January as described above. Any special event days requested by the County shall reduce the quarterly amount due at a pro -rated amount equivalent to the daily rate of $500 per day. 5. TERM: This Agreement shall begin on the date set forth above and unless terminated by either party according to Section 5 of this Agreement, will expire on July 11, 2026. 6. TERMINATION: This Agreement may be terminated with or without cause by either party upon no less than sixty (60) days' written notice to the other party. If this Agreement is terminated by PCP without cause prior to completion of any period for which PCP Tactical has paid in advance, any unused portion of the advance payment shall be retained as liquidated damages; if terminated by the County without cause, prior to completion of any period of which PCP Tactical has paid in advance, any unused portion of the advance payment shall be returned to PCO Tactical prorated by the balance of usage remaining in the fiscal year from the date of termination. 7. LIABILITY: PCP Tactical shall defend, hold harmless and indemnify the County with respect to any and all actions, causes of action, liabilities, losses, damages or expenses (including reasonable attorneys' fees) arising out of or relating to any negligence, intentional misconduct, breach of this Agreement or breach of applicable law by PCP Tactical in conjunction with any of the activities described in this Agreement. This section shall survive the termination of this Agreement with respect to any acts or omissions occurring prior to the date of termination. 8. RELATIONSHIP OF PARTIES: PCP Tactical shall be responsible for its own acts and omissions. PCP Tactical shall not bear any relationship to the County, which would render the County liable for the acts or omissions of PCP Tactical. 9. INSURANCE: PCP Tactical shall obtain and maintain the following levels of insurance for all of the above -referenced activities to be conducted during the term of this Agreement. PCP Tactical's insurance shall be primary and consist of at a minimum: • Commercial General Liability, minimum $500,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage, including coverage for premises/operations, products/completed operations, contractual liability, independent contractors. Indian River County and Florida Fish & Wildlife Conservation Commission must be named as additional insured. • Business Auto Liability, minimum $500,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage, including coverage for owned, hired, and non- owned autos. If a vendor is using a personal vehicle, the minimum acceptable limits for personal auto liability is $100,000 per occurrence. • Workers' Compensation Insurance in accordance with Florida Statutes, including Employer Liability with a limit of $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee); Or "Certificate of Election to be Exempt" issued by the State of Florida Department of Financial Services Division of Workers' Compensation Or notarized statement of exemption that can be requested from the Purchasing Division. The coverage shall contain no special limitations on the scope of protection afforded to Indian River County, it's officers, officials, employees or volunteers. PCP Tactical shall furnish the County with a certificate evidencing the insurance required by this section no later than July 15, 2023. 10. ACCESS AND MAINTENANCE: PCP Tactical shall be issued gate keys to be utilized solely in connection with the usage authorized by this Agreement. PCP Tactical will be responsible for cleanup of the Range after each use including the shooting line areas, grounds, and restrooms. PCP Tactical agrees to secure the Range at the end of each use and to leave the Range in a suitable condition to open for business to 103 the public. County reserves the right to suspend PCP Tactical's training activities in order to reasonably address compliance with this section. 11. NOTICE: Any notice required under this Agreement shall be given in writing and delivered by either hand delivery or U.S. Mail, Certified — Return Receipt Requested, to the following: PCP TACTICAL: PCP Tactical, LLC/Gorilla Ammunitions Attn: Lance Padgett 10315 102nd Terrace Sebastian, FL 32958 COUNTY: Indian River County Attn: Parks & Recreation Director cc: Shooting Range Manager 1801 27th Street Vero Beach, FL 32960 12. MODIFICATION: Any modification to this Agreement shall be in writing and signed by both parties. 13. TERMINATION IN REGARDS TO F.S. 287.135: PCP Tactical certifies that it and those related entities of PCP Tactical 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. County may terminate this Contract if PCP Tactical, 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. 14. E -Verify: PCP Tactical 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. 15. Request for Information Requirements. PCP Tactical shall comply with all requirements set forth in the Request for Information #2023035 Shooting Range Utilization, issued January 11, 2023, attached hereto as Exhibit A and incorporated by reference here in. 16. INCIDENTS: all incidents that result in personal injury or damage to property shall be reported to the range master as soon as practical. The County shall investigate each reported incident in accordance with established procedures. 104 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day and year as reflected herein. PCP TACTICAL, LLC and GORILLA AMMUNITION, LLC ROBERT L. PADGETT, MANAGER INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Lo JOSEPH H. EARMAN, CHAIRMAN Approved by BCC: ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller : Deputy Clerk Approved as to Form and Legal Sufficiency William. K. DeBraal, County Attorney 105 MA INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation Date: August 2, 2023 To: The Honorable Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Acting General Services Director From: Wendy Swindell, Conservation Lands Manager Subject: Amendment No.1 to Work Order No. #2 for Carter Associates, Inc. for Design and Engineering Services for the Public Access Improvements on Sebastian Harbor Preserve Conservation Area. BACKGROUND: The 163 -acre Sebastian Harbor Preserve Conservation Area was purchased in 2007. The site is located north of Englar Drive in the City of Sebastian. In 2017, the County received cost -share grant funding from the State of Florida, Department of Environmental Protection, Florida Communities Trust (FCT) and entered into a formal grant agreement. The County committed to providing the following public access improvements, which are identified in the proposed grant agreement and management plan: • Construction of at least two recreational facilities (e.g., picnic pavilion and wildlife observation platform) • Installation of trails (at least '/z mile in length) • Construction of stormwater improvement facilities (doubling as a wildlife pond) • Installation of a permanent recognition sign (acknowledging the FCT grant funding) • Interconnection of trails and parking with the Sebastian Stormwater Park (to the south) • Installation of Interpretative kiosks/signs On October 24, 2017, the Board directed staff to proceed with the trail system and public use improvements outlined in the Management Plan and Special Management Conditions of the FCT grant award. To this end, staff has completed the installation of a 2.8 -mile hiking trail system, installation of three boardwalks and one observation area/boardwalk, and perimeter fencing along the boundary of the site. Through the Continuing Engineering Services RFQ 2018008, Work Order No. 2 to Carter Associates, Inc. (CAI) was approved by the Board of County Commissioners on March 3, 2019. Professional services outlined in Work Order No. 2 included: 106 • Site Survey & Soil Investigations • Site Plan Approval • Construction Plans and Specifications • Permitting • Preparation of Bid Documents • Construction Services • Reimbursable Expenses • Coordination with the City of Sebastian for site plan approval and other necessary permitting requirements. The original engineered design included a parking area, pavilion, entry driveway (access from Englar Drive), and associated stormwater facilities. Coordination with the City of Sebastian for the driveway entrance resulted in project delays. In order to move forward with the driveway and other required City permitting, staff has coordinated with CAI to modify the planned stormwater design to provide increased on-site stormwater treatment and attenuation, thereby resolving the need for significant modifications and management of the existing swale along Englar Drive (which were City requirements based on the original design). Amendment No.I to CAI Work Order No.2 includes services to complete the modified design. Due to the project delays, the permits that were obtained in 2019 and 2020 have since expired. Amendment No.I includes: (1) Additional site survey for site plan and permitting; (2) Site plan re - approval; (3) Construction plans and specifications; (4) Permitting Modifications; and, (5) Updating the bid documents. Fees associated with Amendment No.1 to Work Order No. 2 are $20,296.35, as shown in the services outlined in Exhibit A, attached. FUNDING Funding for Amendment No.1 to Work Order No. 2 — Carter Associates, Inc. is budgeted and available in the Land Acquisition Fund/Parks/Sebastian Harbor Preserve Improvements account, account number 14514639-066390-18035, in the amount of $20,296.35. Ac ura Name Aecuunt Number Axmd"t Land Acquisition Fund/Parks/Sebastian Harbor Preserve 14514639-066390-18035 $20,296.35 Improvements STAFF RECOMMENDATION: Staff respectfully recommends that the Board approve Work Order No. 2, Amendment No.1 — Carter Associates, Inc., Continuing Engineering Services RFQ 2018008, renewed April 6, 2021, for design and engineering services associated with Sebastian Harbor Preserve, authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 1, Work Order No.2. ATTACHMENTS • Amendment No.I to Work Order No. 2 — Carter Associates, Inc. — Continuing Engineering Services RFQ 2018008, Amendment and Renewal No. 1 — Sebastian Harbor Preserve Design and Engineering Services • Exhibit A - Carter Associates, Inc. Design and Engineering Services Contract Addendum list of services APPROVED AGENDA ITEM FOR AUGUST 15, 2023 107 AMENDMENT TO WORK ORDER This Amendment _ to Work Order Number _ is entered into as of this _ day Of pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY a political subdivision of the State of Florida ("COUNTY") and ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number , Effective Date 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the time -frame more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Print Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: , 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, County Attorney 108 "A,,LA company July 18, 2023 Ms. Wendy Swindell Conservation Lands Manager Indian River County Parks and Recreation 1590 9" Street SW Vero Beach, Florida 32962 RE: Civil Engineering and Surveying Services Agreement Amendment #1 to Work Order #2 - Sebastian Harbor Preserve Re -Permit Site Plan City of Sebastian CAI Project No. 19-045.1 E Dear Wendy: It is our pleasure to present for your acceptance, the following estimate for civil engineering and surveying services amending Works Order #2 for the above referenced project. We propose the following services and corresponding fees in accordance with the Professional Services Agreement (PSA) effective July 10, 2023, between Carter Associates, Inc. (CAI) and Indian River County Parks and Recreation (CLIENT). PROJECT LIMITS: This proposal and the services detailed within pertain to the proposed County Park to consist of boardwalks, parking lot, pavilion, and stormwater features located at 184 Englar Drive, Sebastian, Florida 32958. SCOPE OF SERVICES: CAI proposes an amendment to the following tasks: TASK 1— ADDITIONAL SITE SURVEYS • Update overall boundary survey for site plan and permitting submittals. • Perform on-site topographic survey of the right-of-way frontage along Englar Drive for proposed drainage swale improvements. Locate adjacent roadway, drainage, water, and sewer improvements within right-of-way. t 1708 21st Street, Vero Beach, Florida 32960 • t 772.562.4191 - carterassoc.com R.\ENGVHB\PROPOSAL\IRC Parks - SebastianHarbor Re-Permit.docx ` Page 1 of 4I i TASK 2 — SITE PLAN RE -APPROVAL • Modify previously approved site plan to reflect drainage outfall and roadside swale improvements. Depict existing boardwalks and proposed parking lot, driveway connection, and buildings (pavilion). Update site data to include land use calculations, setbacks, and open space. Complete and submit applications for site plan approval including all checklist items required by the City of Sebastian (CITY). • Modify stormwater management report for required retention volume and outfall locations into adjacent wetland. • Coordinate with landscape architect to meet the minimum requirements of the landscaping code. • Address CITY departmental staff review comments and re -submit. • Attend Planning and Zoning Commission meeting for review and approval of Site Plan. TASK 3 — CONSTRUCTION PLANS AND SPECIFICATIONS Modify drainage and grading plans for proposed parking lot and pavilion. Provide details for stormwater feature along with cross-sections. Prepare project specifications sufficient for bidding. Prepare preliminary engineer's cost estimate for construction. TASK 4 — PERMITTING MODIFICATIONS Prepare submittal documents including applications to re -permit the following jurisdictional permits: o City of Sebastian Site Plan o City of Sebastian Right -of -Way Permit o City of Sebastian Land Clearing and Tree Removal Permits o St. Johns River Water Management District Environmental Resource Permit. o Army Corp of Engineers Nationwide (if applicable) TASK 5 — UPDATE BID DOCUMENTS It is assumed CLIENT will prepare a contract for construction, including bidding requirements and general conditions. CAI will provide technical specifications and project plans in sufficient detail to define the scope and requirements for the site plan and stormwater feature. CAI will assist CLIENT in bidding the project by attending a pre-bid meeting and by addressing inquiries from potential bidders regarding the scope of the proposed work. CAI will assist the CLIENT during project bid review and provide a letter summarizing our recommendations regarding contract award. Page 2 of 4 110 TASK 6 - CONSTRUCTION SERVICES Review contractor's material submittals and scheduling. Construction inspection services will be provided for the duration of construction in order to ensure that the contractor's work conforms to the requirements of the project design drawings and specifications. Provide certifications upon completion of construction and review of contractor provided as-builts. TASK 7 - REIMBURSABLE EXPENSES Reimbursable expenses, such as postage/express mail, mileage, prints, copies, vellum, etc. COMPENSATION: Please find below the current billing summary for work performed to date. We recommend authorization of the following amendments to the budgets for this assignment. TASK NO. TASK CONTRACT AMOUNT BILLING THIS PERIOD PREVIOUS BILLINGS TOTAL BILLED PERCENT COMPLETE BALANCE TO FINISH I 2 3 4 5 6 7 Contracted Items - Work Order H2 Site Surveys & Soils Investigation Site Plan Approval Construction Plans and Specs Permitting Bid Documents Construction Services Reimbursable Expenses Contract Sub -Totals Permit Application Fees City Land Clearing /Tree Removal Totals $7,900.00 $0.00 $7,900.00 $7.900.00 100.0'/0 $0.00 $7,400.00 $0.00 $7,400.00 $7,400.00 100.00/0 $0.00 $1700.00 $0.00 $1700.00 $1700.00 100.00A $0.00 $2,900.00 $0.00 $2,900.00 $2,900.00 100.09/8 $0.00 $2,400.00 $0.00 $360.00 1 $360.00 15.00A $2,040.00 $2,100.00 1 $0.00 $0.00 $0.00 0.0% $2,100.00 $500.00 $0.00 $386.35 $386.35 77.3% $113.65 $24,900.00 $0.00 $20,646.35 $20.646.35 82.9% $4,253.65 T&M $0.00 $125.00 $125.00 $0.00 $20,771.35 $20,771.35 Additional Fees for Tasks Outlined Above: Task 1 -Update Site Surveys & Soils Investigation....................................................... $+4,150.00. Task2 -Site Plan Re-Approval........................................................................................ $+8,880.00. Page 3 of 4 111 Task 3 -Construction Plans and Specifications............................................................. $+2,040.00. Task 4 -Permitting Modifications.......................................................................... . ........,$+3,480.00. Task 5 -Update Bid Documents..................................................... $2,880 - $2,040 Bal = $+840.00. Task 6 -Construction Services........................................................- ��S�.QQ.O�.- $+41Q.00. ...... Task 7 -Reimbursable Expenses .................................................... $600 - $113.65 Bal = $+486.35. TOTAL ADDITIONAL FEES ,,,,,,,,,,,,,,,,,,,,,,,,,,$20,296.35. ASSUMPTIONS: In developing this proposal, CAI represents to the CLIENT that the following assumptions have been made and that deviation from these assumptions may require additional expenditures on behalf of the CLIENT to CAI. 1. This proposal specifically excludes all application and/or impact fees, which shall be the responsibility of the CLIENT. 2. This Scope of Services specifically excludes preparation of legal documents, easement descriptions, structural, mechanical, electrical, and architectural work. 3. It is assumed that there is no new water or sewer improvements associated with this project. In addition, there is an existing fire hydrant located on the north side of Englar Drive near the southeastern corner of the property and is within 500 feet of the proposed pavilion for the required fire protection. 4. Wetland planting design drawings and installation will be provided by others. 5. Construction stakeout and as-builts are not included with this proposal. Thank you for giving us the opportunity to submit a proposal for our services. We look forward to working with you on this project. Our receipt of a signed copy of this agreement will serve as our notice to proceed. Should you have any questions or need additional information, please do not hesitate to contact me at our office. Sincerely, 0C TER ASSOCIATES, INC. H. Blum, P.E. Vice President Agreed to and Accepted: Print Name: Address: Date: Page 4 of 4 112 I t j. lui ~' ceny� PROFESSIONAL SERVICES AGREEMENT This Agreement prepared on July 18, 2023 is by and between Indian River County Parks and Recreation with address at 1590 9th Street SW, Vero Beach, FL 32962 ("Client") and Carter Associates, Inc. ("CAI"), who agree as follows: Client engages CAI to perform professional services (the "Services") for the compensation set forth in one or more proposals or work authorizations (the "Proposal(s)") for one or more projects (the "Project(s)"). CAI shall be authorized to commence the Services upon execution of the Proposal(s) by the Client. Client and CAI agree that this Agreement, the Proposal(s), and any attachments herein incorporated by reference (the "Agreement") constitute the entire agreement between them. I. CAPS RESPONSIBILITIES: CAI shall perform or furnish the Services described in the Proposals, which shall be combined and attached as part of this Agreement. Where the terms or conditions of any Proposal conflict with those of Parts 1 -III contained herein, the Proposal shall control for the Services performed under that Proposal only. II. CLIENT'S RESPONSIBILITIES: Client, at its expense, shall do the following in a timely manner so as not to delay the Services: 1. INFORMATIONIREPORTS: Furnish CAI with all information, reports, studies, site characterizations, advice, instructions, and similar information in its possession relating to the Project. 2. REPRESENTATIVE I ACCESS: Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and define Client's policies, and make decisions with respect to the Services, and provide CAI safe access to any premises necessary for CAI to provide the Services. 3. DECISIONS: Provide all criteria and full information as to requirements for the Project, obtain (with CAI's assistance, if applicable) necessary approvals and permits, attend Project -related meetings, provide interim reviews on an agreed-upon schedule, make decisions on Project alternatives, and participate in the Project to the extent necessary to allow CAI to perform the Services. III. COMPENSATION, BILLING, & PAYMENT: Client shall pay CAI for Services as denoted in the applicable Proposal and in accordance with the standard rate schedule – Attachment B. IV. STANDARD TERMS AND CONDITIONS: Attachment A. The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whore they are signing and each of the undersigned parties has caused this Agreement to be duly executed. This Agreement contains a limitation of liability clause and the Client has read and consents to all terms. APPROVED FOR "CLIENT" APPROVED FOR "CAI" INDIAN RIVER COUNTY PARKS AND RECREATION CARTER ASSOCIATES, INC. By. — — - By: Printed Name: Print( Title: Title: ATTACHMENT A STANDARD TERMS AND CONDITIONS 1. STANDARD OF CARE. The Services shall be performed with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license. The Services are not subject to, and CAI cannot provide, any warranty or guarantee, express or implied, including warranties or guarantees contained in any uniform commercial code, work authorization, requisition, or notice, except as provided herein. 2. CHANGE OF SCOPE. The scope of Services set forth in any Proposal is based on facts known at the time of execution of the Proposal, including, if applicable, Client Data (defined below). As the Project progresses, facts discovered, including, but not limited to, site conditions or the existence of differing subsurface or physical conditions, may indicate that the scope, pricing, or other terms must be redefined, and the parties shall reasonably cooperate to equitably adjust the scope, pricing, or terms of this Agreement accordingly. 3. SAFETY. CAI has established and maintains corporate programs and procedures for the safety of its employees. Unless included as part of the Services, CAI specifically disclaims any authority or responsibility for general job site safety and safety of persons other than CAI employees. 4. DELAYS. The Services shall be performed expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. Where CAI is prevented from completing any part of the Services within the schedule provided under the Agreement due to delay beyond its reasonable control, the schedule will be extended in an amount of time equal to the time lost due to such delay so long as CAI provides written explanation of the delay to Client. Except with regard to payment of any amounts due CAI from any Services, neither party shall be liable to the other for any delays or failure to act, due to unforeseeable causes reasonably beyond the control of the party claiming such circumstances. 5. TERMINATION/SUSPENSION. Either party may terminate this Agreement upon thirty (30) days written notice to the other party. In the event of termination, Client shall pay CAI for all Services, including profit relating thereto, rendered prior to termination, plus any expenses of termination. In the event either party defaults in its obligations under this Agreement (including Client's obligation to make the payments required hereunder), the non -defaulting party may suspend performance under this Agreement. In the event of a suspension of Services, CAI shall have no liability to the Client for delay or damage caused the Client because of such suspension of Services. Before resuming Services, CAI shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of CAI's Services. CAI's fees for the remaining Services and the time schedules shall be equitably adjusted. Obligations under this Agreement, which by their nature would continue beyond the suspension or termination of this Agreement (e.g., indemnification), shall survive such suspension or termination. 6. RELATIONSHIP WITH CONTRACTORS / REVIEW. CAI shall serve as Client's professional representative for the Services, and may make recommendations to Client concerning actions relating to Client's contractors, but CAI specifically disclaims any authority to direct or supervise the means, methods, techniques, security or safety activities, personnel, compliance, sequences, or procedures of construction selected by Client's contractors. For Projects involving bid preparation, CAI may supply standard contract forms, templates, or other documents that will be executed between the Client and contractor(s). It is the Client's responsibility to review those documents and to obtain legal advice thereto. For Projects involving construction, Client acknowledges that under generally accepted professional practice, interpretations of construction documents in the field are normally required, and that performance of construction -related services by the design professional for the Project permits errors or omissions to be identified and corrected at comparatively low cost. Evaluations of Client's budget for construction and estimates prepared by CAI represent CAI's judgment as a design professional. It is recognized, however, that neither CAI nor Client have control over the cost of labor, materials, or equipment, the contractor's methods of determining bid prices, or competitive bidding, market, or negotiating conditions. Accordingly, CAI cannot and does not warrant or represent that bids or negotiated prices will not vary from Client's budget or from any estimate of costs prepared or agreed to by CAI. Client agrees to hold CAI harmless from any claims resulting from performance of construction -related services by persons other than CAI and CAI shall not be responsible for the contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. In fulfilling its duties pursuant to the Agreement, Client permits CAI to elect to subcontract to others certain tasks in its scope of Services. 7. INSURANCE. CAI will maintain insurance coverage for Professional Liability, Commercial Liability, Auto, and Workers' Compensation in amounts in accordance with legal and business requirements. Certificates evidencing such coverage will be provided to Client upon request. For Projects involving construction, Client agrees to require its construction contractor, if any, to include CAI as an additional insured on its policies relating to the Project. CAI's coverages referenced above shall, in such case, be excess over any contractor's primary coverage. Client shall require its construction contractor to include CAI as an indemnitee under any indemnification obligation of contractor to Client to the fullest extent allowed by law. 8. SITE CONDITIONS. Hazardous, archaeological, paleontological, cultural, biological, or other materials, protected resources, unknown underground facilities, or other conditions ("Conditions") may exist at a site where there is no reason to believe they could or should be present. CAI and Client agree that the discovery of unanticipated Conditions constitutes a changed condition that may mandate a renegotiation of the scope of Services. CAI will notify Client should unanticipated Conditions be encountered. Client acknowledges and agrees that it retains title to all Conditions existing on the site and shall report to the appropriate public agencies, as required, any Conditions at the site that may present a potential danger to the public health, safety, or the environment. Client shall execute any manifests in connection with avoidance, containment, transportation, storage, or disposal of Conditions resulting from the site. 9. INDEMNITY. CAI shall indemnify Client from and against liability for damage to the extent that the damage is actually caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by CAI, CAI's agent, or another entity over which CAI exercises control. 10. LIMITATION OF LIABILITY. Client agrees that, to the fullest extent permitted by law, CAI's total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including, but riot limited to, CAI's negligence, errors, omissions, strict liability, or breach of contract, and whether claimed directly or by way of contribution, shall not exceed the total compensation received by CAI for the relevant work authorization or proposal under this Agreement. If Client desires a limit of liability greater than that provided above, Client and CAI shall include in Part III of this Agreement the amount of such limit and the additional compensation to be paid to CAI for assumption of such additional risk. PURSUANT TO F.S. 558.0035, AN EMPLOYEE OR AGENT C)IFL" CAI MAY Mage 2 NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. 11. CONSEQUENTIAL DAMAGES. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST REVENUES, LOSS OF USE, LOSS OF FINANCING, LOSS OF REPUTATION, LOST PROFITS, DELAYS, OR OTHER ECONOMIC LOSS ARISING FROM ANY CAUSE INCLUDING BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER CAUSE WHATSOEVER, NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY. REGARDLESS OF LEGAL THEORY, CAI SHALL BE LIABLE ONLY TO THE EXTENT THAT ANY DAMAGES SPECIFIED HEREIN ARE FOUND BY A FINAL COURT OF COMPETENT JURISDICTION TO HAVE BEEN THE SEVERAL LIABILITY OF CAI. TO THE EXTENT PERMITTED BY LAW, ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH THIS PROVISION OF THE AGREEMENT ARE WAIVED. 12. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other deliverables, including electronic media, pertaining to the Project by Client for any purpose other than that for which such were originally prepared, or alteration of such without the written verification or adaptation by CAI for the specific purpose intended, shall be at the Client's risk. All title blocks and the engineer's seal, if applicable, shall be removed if Client provides deliverables in electronic media to any third party. Any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. Client agrees that relevant analyses, findings, and reports provided in electronic media shall also be provided in hard copy and that the hard copy shall govern in the case of a discrepancy between the two versions, and shall be held as the official set of drawings, as signed and sealed. Client shall be afforded a period of thirty (30) days to check the hard copy against the electronic media. In the event that any error or inconsistency is found during that time, CAI shall be advised and the inconsistency shall be corrected at no additional cost to Client. Following the expiration of this notice period, Client shall bear all responsibility for the care, custody, and control of the electronic media. In addition, Client represents that it shall retain the necessary mechanisms to read the electronic media. Client agrees to indemnify and hold harmless CAI from all claims, damages, and expenses (including reasonable litigation costs) arising out of such reuse or alteration by Client or others acting through Client. 13. CLIENT DATA. Client or any third party designated by Client may provide information, reports, studies, site characterizations, advice, instructions, and similar information in its possession relating to the Project ("Client Data"). CAI may reasonably and in good faith rely upon the accuracy of Client Data and unless described as part of the Services, CAI is not required to audit, examine, or verify Client Data. However, CAI will not ignore the implications of information furnished to CAI and may make reasonable inquiries if Client Data as furnished appears to be incorrect or incomplete. CAI makes no representations or warranties (express or implied) as the quality, accuracy, usefulness, or completeness of any Services to the extent CAI relies on Client Data. CAI, its affiliates, its officers, directors, and employees shall have no liability whatsoever with respect to the use of unreliable, inaccurate, or incomplete Client Data. 14. ASSIGNMENT/BENEFICIARIES. Neither party may assign this Agreement without the written consent of the other party. With the exception of such assignments, nothing contained in this Agreement, nor the performance of the parties hereunder, is intended to benefit, nor shall inure to the benefit of, any third party, including Client's contractors, if any. The Services may be performed by any affiliated company of CAI under its common insurance program. 15. AMENDMENT, NO WAIVER, & SEVERABILITY. This Agreement can be amended in writing and signed by the parties. No waiver by either party of any default by the other party in the performance of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default, whether like or different in character. The various terms, provisions, and covenants herein contained shall be deemed to be separate and severable, and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 16. INDEPENDENT PARTIES. Each party is an independent entity and is not a partner, agent, principal, or employee of the other party, unless otherwise agreed to by the parties in writing. 17. STATUTE OF LIMITATION. To the fullest extent permitted by law, the parties agree that the time period for bringing claims under this Agreement shall expire one (1) year after Project completion. 18. STATUTORY TERMS APPLICABLE TO STATE POLITICAL SUBDIVISIONS. As provided in F.S. 287.135, CAI certifies that it has not been placed on the Scrutinized Companies that Boycott Israel List, nor is engaged in a boycott of Israel pursuant to F.S. 215.4725, and it has not been placed on the Scrutinized Companies with Activities in Sudan List or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List pursuant to F.S. 215.473, nor is engaged in business operations in Cuba or Syria. This Agreement may be terminated at the option of the Client if CAI is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, or is found to have submitted a false certification as provided under F.S. 287.135 (5), 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. 19. DISPUTE RESOLUTION. The parties shall attempt to settle all claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this Agreement, including but not limited to breach thereof, by discussion between the parties' senior representatives. If any dispute cannot be resolved in this manner, within five (5) business days, the parties agree to refer such claims, disputes, and controversies to mediation by a mediator mutually agreed to and equally paid for by the parties before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration. The mediator shall convene the mediation at the request of either party, and the mediation will last at such times and as long as the mediator reasonably believes agreement is probable. Notwithstanding the foregoing, prior to or during negotiation or mediation, either party may initiate litigation that would otherwise become barred by a statute of limitation. In the event any actions are brought to enforce this Agreement, the prevailing party shall be entitled to collect its litigation costs including reasonable attorney's fees from the other party. 20. LITIGATION SUPPORT. CAI will not be obligated to provide expert witness or other litigation support related to its Services, unless expressly agreed in writing. In the event CAI is required to respond to a subpoena, inquiry, or other legal process related to the Services in connection with a proceeding to which CAI is not a party, Client will reimburse CAI for its costs and compensate CAI at its then standard rates for the time it incurs in gathering information and documents and attending depositions, hearings, and the like. 21. GOVERNING LAW. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without giving effect to any conflict or choice of law rules or principles under which the law of any other jurisdiction would apply. Each party hereby submits to the jurisdiction of the federal and state courts located in the county of CAI's address and agrees that such courts shall be exclusive forum and venue for resolving any legal suit, action or proceeding arising out of or relating to this Agreement. Ver. 16MAY2023 115 Page 3 ATTACHMENT B STANDARD RATE SCHEDULE JANUARY 2019 Staff Type: Hourly Rates Engineer (Principal) $165.00 Engineer I $140.00 Engineer II $125.00 Engineer II1 $115.00 Engineer IV $105.00 Engineer V $ 95.00 Surveyor (Principal) $165.00 Surveyor (Sr. Consultant) $140.00 Surveyor I $140.00 Surveyor II $125.00 Surveyor III $105.00 CAD/GIS Tech I $115.00 CAD/GIS Tech II $110.00 CAD/GIS Tech III $105.00 CAD/GIS Tech IV $ 95.00 CAD/GIS Tech V $ 85.00 Administrative Staff $ 60.00 Expert Witness $300.00 4 Man Survey Crew $175.00 3 -Man Survey Crew $150.00 2 -Man Survey Crew $135.00 1 -Man Survey Crew $110.00 Inspector $ 65.00 SPECIALIZED EOUIPM ENT: Leica HD P40 Scanner $175.00/Hour Aluminum Boat $500.00/Day All -Terrain Vehicle (ATV)/Trailer $250.00/Day $1,000.00/Week REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Cost Blueprints/Blackline (24" x 36") $2.00/Each Color Prints (24"x36) $5.00/Each Mileage IRS Standard Rate Mylar $7.00/Each Photocopies: 8.5" x 11" 15¢/Each 8.5" x 14" 25¢/Each 11" x 17" 35¢/Each Concrete Monuments $20.00/Each Rebar $ 2.50/Each Laths $ 0.75/Each Hubs $ 1.00/Each Sub -Consultants Cost + 10% Note: These hourly billing rates will remain in effect for the duration of this agreement. 116 Page 4 CONSENT T eeting August 15, 2023 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation Date: August 4, 2023 To: The Honorable Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Acting General Services Director From: Wendy Swindell, Conservation Lands Manager Subject: Florida Inland Navigation District Project Agreement Amendment for #IR -20-69 (Jones' Pier Museum Exhibits) BACKGROUND: On October 20, 2020, the Board of County Commissioners approved and executed a project grant agreement with the Florida Inland Navigation District (FIND) for Jones' Pier Museum Exhibits in the 2020-21 grant cycle. This grant provides $84,000 towards the funding of educational exhibits for the Interpretive Center at Jones' Pier Conservation Area. The recently elevated 1920's bungalow is in the process of renovation for conversion into an Interpretive Center with space for one staff person. Due to delays in the project construction, the first grant extension was approved by FIND on February 21, 2023. This extension is set to expire on September 30, 2023. Since that time, staff has coordinated with FIND to request a second 1 -year extension to allow for the house renovations to be bid and completed. FIND has provided a Project Agreement Amendment to extend the grant completion period through September 30, 2024. Staff anticipates that the project will be completed by, or before, this date. I OIILI a I►`[!i This is a no -cost amendment and no additional funds are necessary beyond what has been previously approved by the Board of County Commissioners. STAFF RECOMMENDATION: Staff respectfully recommends the Board accept the Project Agreement Amendment for #IR -20-69 Jones' Pier Museum Exhibits, and authorize the Chairman to execute the Amendment after review and approval by the County Attorney. ATTACHMENTS • Project Agreement Amendment for #IR -20-69 Jones' Pier Museum Exhibits APPROVED AGENDA ITEM FOR AUGUST 15, 2023 117 PROJECT AGREEMENT AMENDMENT In consideration of the continuing mutual promises and covenants contained in PROJECT AGREEMENT #IR -20-69 Jones' Pier Museum Exhibits, between the FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.) and the Indian River County hereafter known as the PROJECT SPONSOR. The parties hereby agree that Paragraph 2 of said certain PROJECT AGREEMENT be deleted and the following be substituted therefore: 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT on or before September 30, 2024 and submit all required payment reimbursement information by November 15, 2024. Pursuant to law, the PROJECT period cannot extend beyond three (3) years from October 1, 2020 unless the completion of the PROJECT has been delayed by a declared State of Emergency and the F.I.N.D. Board authorizes an additional one (1) year extension of the completion date based upon this delay. This PROJECT, having been delayed by a declared natural disaster, has been authorized by the F.I.N.D. Board to receive a one (1) year extension and therefore this PROJECT must be completed by September 30, 2024. In WITNESS WHEREOF, the parties have hereunto set their hands and seals this of , 20 Attest: Attest: F.I.N.D. DIRECTOR PROJECT SPONSOR CONTRACT ADMINISTRATOR 118 77:1 B INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation Date: August 4, 2023 To: The Honorable Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Acting General Services Director From: Wendy Swindell, Conservation Lands Manager Subject: Florida Inland Navigation District Project Agreement Amendment for #IR -21-71 (Environmental Learning Center Dock Replacement) BACKGROUND: On December 7, 2021, the Board of County Commissioners approved and executed a project grant agreement with the Florida Inland Navigation District (FIND) for the replacement of the dock at the Environmental Learning Center (ELC). This grant provides funding towards the replacement of the 32 -year old dock. The construction work was awarded by the BCC to Indian River Docks, LLC on March 28, 2023, in the amount of $331,456. An additional FIND grant for this project, in the amount of $50,000, is pending approval by FIND. The current FIND grant Agreement is set to expire on September 30, 2023. Though the project is on schedule for completion in August 2023, staff applied for an extension to the FIND Agreement to allow for unanticipated delays (due to the construction occurring during hurricane season). FIND has provided a Project Agreement Amendment to extend the grant completion period through September 30, 2024. FUNDING This is a no -cost amendment and no additional funds are necessary beyond what has been previously approved by the Board of County Commissioners. STAFF RECOMMENDATION: Staff respectfully recommends the Board accept the Project Agreement Amendment for #IR -21-71 Environmental Learning Center Dock Replacement, and authorize the Chairman to execute the Amendment after review and approval by the County Attorney. ATTACHMENTS • Project Agreement Amendment for #IR -21-71 Environmental learning Center Dock Replacement APPROVED AGENDA ITEM FOR AUGUST 15.2023 119 exPROJECT AGREEMENT AMENDMENT In consideration of the continuing mutual promises and covenants contained in PROJECT AGREEMENT #IR -21-71 Environmental Learning Center Dock Replacement, between the FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.) and Indian River County hereafter known as the PROJECT SPONSOR. The parties hereby agree that Paragraph 2 of said certain PROJECT AGREEMENT be deleted and the following be substituted therefore: 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT on or before September 30, 2024 and submit all required payment reimbursement information by November 15, 2024. Pursuant to Chapter 374.976(2) F. S., the PROJECT period cannot extend beyond three (3) years from October 1, 2021 and therefore this PROJECT must be completed by September 30, 2024, unless the completion of the PROJECT has been delayed by a declared State of Emergency and the F.I.N.D. Board authorizes an extension of the completion date based upon this delay. Except as modified hereby, all of the terms and provisions of the original Project Agreement shall remain in full force and effect. In WITNESS WHEREOF, the parties have hereunto set their hands and seals this of , 20 Attest: F.I.N.D. DIRECTOR Attest: INDIAN RIVER COUNTY CONTRACT ADMINISTRATOR 120 C7!1 BCC Meet INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation Date: August 2, 2023 To: The Honorable Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Acting General Services Director From: Jerry Seldes, Manager, Indian River County Public Shooting Range Subject: Approval of Amendment 3 with the Florida Fish & Wildlife Conservation Commission (FWC) Contract No. 00252 BACKGROUND: On March 13, 2001, Indian River County entered into a Contract with the Florida Fish & Wildlife Conservation Commission (FWC) for the operation of the Indian River County Public Shooting Range (Range). Subsequent to the original contract, the Board of County Commissioners approved Amendment 1 (February 2, 2016) renewing the Agreement for a period of 10 years and Amendment 2 (February 6, 2018) for supply and use of ten golf carts. The current agreement for the Range is set to expire on March 12, 2026. As part of the Agreement, the County pays a portion of the Range fees to the FWC as outlined in the original Contract at $0.50 per clay thrown and $1.00 per user at the rifle and pistol range. This results in yearly payments to the FWC of approximately $18,000 -$22,000 per year depending on usage. DESCRIPTION AND CONDITIONS: In consideration of the mutual benefits and success of the County Public Shooting Range, the FWC has offered the proposed Amendment 3 to the Contract where the payment to FWC will be waived and all fees collected by the County may be retained and included in the gross operating revenue. The amended Contract provides an allowance of fees charged not to exceed $20.00 per individual use of the rifle/pistol ranges and .75 per clay target for trap, skeet, and sporting clays. The current fee structure is currently just over 50% of the maximum fee allowable under the proposed amendment. Additionally, the proposed amendment provides for Range fees to be collected during non-public shooting times as established by the County. These activities may include renting the Range to a public or private entity for in-service firearms training. All fees shall be in included in the Range operation and be included as a part of the County's gross range operating revenue. The proposed amendment also adds a section under PAVING, SPORTING CLAYS AND RIFLE AND HANDGUN RANGE IMPROVEMENTS which outlines improvements to the Range that are listed in the County's Five -Year Schedule of Capital Improvements to include repaving the entrance road and improving the sporting clay trail. The amended Contract provides for FWC funding assistance of $200,000.00 toward these improvements. 121 FUNDING: The gross revenue through this amendment will generate an additional $1 per user during each fiscal year beginning upon the amendment's approval resulting in an estimated increase in Range revenue of $18,000-$22,000 per year. Additional funds in the amount of $200,000 will become available through an FWC reimbursement to the County for improvements as outlined in the Amendment. STAFF RECOMMENDATION: Staff respectfully recommends that the Board approve the FWC Contract No. 00252 Amendment #3 and authorize the Chairman to execute the contract Amendment #3 after review by the County Attorney as to form and legal sufficiency. ATTACHMENTS: • Amendment State of Florida - Florida Fish & Wildlife Conservation Commission — FWC Contract No. 00252, Amendment #3 • FWC Contract No. 00252 Amendment No. 2 • FWC Contract No. 00252 Amendment No. 1 • FWC Concessionaire Contract 00252 03-13-2015 APPROVED AGENDA ITEM FOR AUGUST 15.2023 122 copy Contract Number 00252 CONCESSIONAIRE CONTRACT FOR FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE Between Florida Fish and Wildlife Conservation Commission and Indian River County Board of County Commissioners The Florida Fish and Wildlife Conservation Commission, 620 S. Meridian Street, Tallahassee, Florida 32399-1600 (hereinafter Commission), hereby enters into a Concessionaire Contract with the Indian River County Board of County Commissioners, 1840 25`h St., Vero Beach, Florida 32960 (hereinafter Concessionaire) on this 13th_ day of March , 2001. WITNESSETH: Whereas the Commission is authorized by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, owner of real property located at 10455 102nd Terrace, Vero Beach, FL 32967, and more particularly described as denoted on attached Exhibit A, and wishes to make available, under a Concessionaire Contract with the Indian River County Board of County Commissioners, the Florida Fish and Wildlife Conservation Commission Indian River Public Shooting Range (Range) located at the above address and expressly limited to the present range area (rifle/pistol, airgun and archery ranges), sporting clays range (and anticipated walk -though archery range) and associated impact area, office building and storage shed, all in Indian River County, Florida, to support Hunter Education training programs and recreational firearms shooting opportunities for the general public. Now, therefore, it is mutually agreed that upon the full execution of this Concessionaire Contract, the provisions of the Concessionaire's Operational Plan, attached hereto as Exhibit B, and this Concessionaire Contract shall comprise the total contractual agreement between the parties. In the event of conflict between this Contract and the exhibit(s), the terms of this Contract shall govern. Changes, modifications, approvals, and amendment requests referenced herein shall be addressed in writing to the Director, Office of Informational Services, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600. TERM OF THE CONTRACT This Contract shall be in full force for a period of fifteen (15) years commencing as of the above date and expiring fifteen (15) years from that date, unless terminated as provided herein. The amount of rent paid to the Commission and the fees charged to shooters may be adjusted through renegotiation of that portion of the Contract after the first year of operation 123 and thereafter no more often than annually with the approval of the Commission. Other amendments to this Contract shall be considered if mutually agreed to in writing by both parties. RENEWAL This Contract may be renewed for an additional term of ten years at the sole option of the Commission. No later than three months prior to the termination of the Concessionaire Contract, the Concessionaire may request to renew the Contract. The request to renew shall be made in writing to the Commission and is subject to the approval of the Commission. Any renewal of the Contract is subject to the express written approval of the Commission and must be in compliance with applicable laws. OTHER CONTRACTS This Concessionaire Contract and exhibit(s) shall contain the complete Contract between the Commission and the Concessionaire and, as of the effective date thereof, shall supersede all other contracts, communications or representations, either verbal or written, between the Commission and the Concessionaire relating to the subject matter hereof. RENTAL PAYMENTS The agreed upon annual fee for rental of the facility shall be 50% percent of the net profit of the total operation of the facility. The annual rental payment for the range shall be due to the Commission within one hundred and twenty (120) days following the end of the Concessionaire's fiscal year which shall be September 30, accompanied by a certified copy of the profit/loss statements as required by this Contract. The Concessionaire shall be entitled to retain 50% of all profit generated by the operation of the range. LATE FEE Should the Concessionaire fail to make the annual Rental payment, Concessionaire shall be charged interest at the rate of one and one-half percent (1 1//2 %) per month, or pro rata share thereof, on the amount of the delinquent payment commencing the first day following the due date of the Contract until paid. COMPLIANCE WITH LAWS 2 124 The Concessionaire shall comply with all local, state and federal laws, codes, requirements, and regulations relative to the taking of wild animal life or freshwater aquatic life, use of the lands for outdoor recreational purposes as herein after provided, construction, safety, sanitation, permits, licenses, operation of the Range and all other matters pertaining to the activities conducted on the premises. NON -ASSIGNMENT The Concessionaire shall neither transfer nor assign the Concessionaire Contract nor sublet the premises or any part thereof nor grant any interest, privilege or license whatsoever in connection with the Concessionaire Contract or the real property without written approval of the Commission. The parties agree that the Commission has entered into the Concessionaire Contract with the Concessionaire because of the special and peculiar fitness and exceptional experience of the Concessionaire in carrying out the duties and covenants to which binds himself thereunder; and therefore, any assignment or delegation of the Concessionaire's covenants or duties thereunder, other than to employees of the Concessionaire or agents for the Concessionaire in the usual course of the Concessionaire's business, or approved in advance by the Commission, shall be without any binding effect whatsoever on either party and shall be null and void. SCOPE OF RANGE OPERATIONS The Indian River Public Shooting Range shall be occupied and used by the Concessionaire, or his duly authorized agents or employees, solely to conduct business in connection with recreational shooting activities by the general public and Commission sponsored shooting activities. Said business may include but is not limited to the following activities; a) A concession operation,. providing items and services that are related to the approved shooting activities, such as firearms and ammunition and fishing - related items such as tackle, license and bait. Additional items such as soft drinks (no alcoholic beverages), snacks and related refreshment items may also be sold. b) The Range shall be open for public shooting a minimum of five (5) days per week, a minimum of forty (40) hours per week. The Range may be closed to the public up to two days per week. The Concessionaire is encouraged to open the range for public use on holidays. Changes in the Concessionaire's operational plan shall be submitted to and approved by the Commission's Hunter Education Administrator in advance of any operational changes being implemented. C) The Range shall be available at no charge to the Commission for Hunter 3 125 Education training and other educational and professional training as needed. Hunter Education use will be scheduled with the Concessionaire by the Commission's Regional Hunter Education Administrator. Additional use by the Commission shall be scheduled with the Concessionaire so as to have minimal impact on public use of the facility. d) Recreational firearms, archery and airgun shooting by the general public. e) Competitive shooting events may be scheduled during open shooting hours for the general public when minimal impact of public access will occur. Such events shall not be scheduled on the dates or times when Hunter Education use is scheduled. f) Two (2) free hunter sight -in days shall be offered per year with the dates established by the Commission. g) Firearms training by groups or organizations, during hours/days when Range is not open for public shooting activities. h) Other activities as authorized in writing by the Commission. OPERATIONAL COSTS/PROCEDURES_ Except as otherwise provided in this Concessionaire Contract, operating costs, target frame replacement, routine maintenance and repairs caused by normal use of the Range shall be the responsibility of the Concessionaire. The Commission shall be responsible for repairs or replacement of major components of the Range necessitated as a result of natural disasters or other acts not related to wear and tear caused by normal use of the Range unless such damage occurs through the willful negligence of the Concessionaire. Major components of the Range consist of the covered shooting sheds, berms, sidewalks, restrooms, office building. a) The Concessionaire shall maintain the premises and all appurtenant structures and improvements in clean, sanitary, and good order and in a safe condition, all grass, shrubs and landscaping shall be trimmed and maintained, satisfactory to the Commission, and all such costs related thereto shall be borne by the Concessionaire. b) The Concessionaire shall provide, at its expense, a telephone for emergency use during operating hours. The Concessionaire shall operate its business as outlined in the Operational Plan (Exhibit B). Supervision of Range use shall enhance safety and provide efficient and effective services to promote return user visits. Staffing may be adjusted to meet service requirements. C) Maintenance, repairs, and financial loss through insurance protection from theft or vandalism of the automatic target throwing machines and their components shall be the responsibility of the Concessionaire. All equipment ii being 4 126 provided to the Concessionaire in new condition. d) The Concessionaire shall be responsible for all costs related to the maintenance and upkeep of the office/pro shop and providing the services outlined in Exhibit B (Operational Plan) and this Concessionaire Contract. e) The Concessionaire shall not rent to or allow the use of equipment by persons under the influence of alcohol or drugs or disorderly persons, nor shall such persons be permitted to enter or remain upon the premises. The Concessionaire shall be responsible for administering a range safety introduction to all range patrons (while operating under normal operating hours, when the Range is open to public use). f) The Concessionaire shall not engage in any activities or allow anyone to engage in activities on the premises which are contrary to the full and orderly public utilization of the Range premises except as otherwise provided herein. g) The Concessionaire shall not commit waste on the premises; shall not conduct mining operations or drill for oil or gas upon the premises; shall not remove sand, gravel, or kindred substance from the ground; and shall not, in any manner, substantially change the contour or condition of the premises unless approved in writing by the Commission. The Commission shall be responsible for lead removal should it become necessary for such action. The Concessionaire shall collect an impact fee of $1 per shooter for rifle and pistol ranges, and .50 cents per 25 rounds of sporting clays. h) The Concessionaire shall obtain prior written approval from the Commission for any utility easements which are necessary to service authorized facilities on the premises. All other easements are prohibited and shall be void and without legal effect. I) The Concessionaire shall have the responsibility to maintain all notices posted at the Range by the Commission including, but not limited to, the Notice of Range Rules and the Notice of User Liability. Additional rules may be established by the Concessionaire subject to approval of the Commission. j) It is expressly understood and agreed that any articles which are the subject of, or required to carry out this Concessionaire Contract shall be purchased from the Corporation identified under Chapter 946, F.S. if available, in the same manner and under the same procedure set forth in Section 946.515 (2), (4), F.S.; and for purposes of this Contract the person, firm or other business entity carrying out the provisions of the Contract, shall be deemed to be substituted for the Commission insofar as dealing with said corporations are concerned. The "Corporation identified" is PRISON REHABILITATIVE INDUSTRIES & DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E.), which may be contacted 5 127 at: P.R.I.D.E. 5540 Rio Vista Drive Clearwater, Florida 34620-3107 Telephone Number: (727) 535-4900 FEE STRUCTURE/ IMPACT FEES A fee shall be charged to the users of the Range. The fee structure may include a daily fee, an annual fee and/or a family fee. However, the amount charged may not exceed the amount indicated in the Concessionaire's Operational Plan (Exhibit B), unless amended through the established procedures. The fee structure includes the amount to be charged for use of the rifle, pistol, airgun, archery ranges and shotgun shooting facilities and/or a combination of all the ranges. Range use fees for non-public shooting during times when the Range is scheduled to be closed to public shooting activities shall be established by the Concessionaire. These activities may include renting the Range to a public or private entity for in-service firearms training. All fees shall be included in the range operation and be part of the Concessionaire's gross ranee overatine revenue. The fee structure proposed by the Concessionaire in Exhibit B (Operational Plan). reflects the amount chareed to the shooter plus one dollar per shooter on the rifle and pistol range and .50 cents per twenty-five (25) round target shotgun shooting impact fee, all of which shall be deposited in an interest bearing account to be paid with interest to the Commission quarterly (collectively, range shooting impact fees). Upon termination or completion of the Contract, any remaining funds in the account, including interest, shall be immediately remitted to the Commission. During the time the Range is open to the public all Range patrons must have a valid permit on their person when engaged in the respective shooting activities on the Range, except those users for whom no charge is assessed pursuant to Commission -sponsored events and as elsewhere denoted in this Contract. It shall be the Concessionaire's responsibility to issue permits and to maintain records that provide a clear audit trail of Range use. The Commission shall approve the design of Range use permits issued by the Concessionaire. Commission representatives may, at their discretion, check patrons' permits. Five (5) verified and recorded failures per year of the Concessionaire to insure compliance by persons engaged in shooting activities on the Range may constitute breach of Concessionaire Contract at the sole discretion of the Commission. IMPROVEMENTS/EXPANSION OF RANGE At the Commission's discretion, the Concessionaire may have the opportunity, during the term of this Concessionaire Contract, to erect such structures and provide such equipment and materials upon the premises as may be desired to enhance the activities and services 6 128 authorized under this Concessionaire Contract, provided no structures may be erected, altered, placed upon or removed from the premises unless and until the design and proposed location, alteration, placement or removal thereof is approved in writing by the Commission. Any and all structures, which shall constitute fixtures, shall at the option of the Commission remain upon the premises at the expiration of the term of this Concessionaire Contract and become the sole property of the Commission. At the Commission's option the Concessionaire may be required to remove unwanted structures or fixtures at the Concessionaire's expense. In the event this Concessionaire Contract or any material term or condition thereof is breached by the Concessionaire and this Concessionaire Contract is terminated, any and all structures, buildings, or fixtures shall at the Commission's discretion remain upon the premises as part of the recreation site and become the sole property of the Commission. In the event this Contract is terminated for reasons other than expiration or breach by the Concessionaire, Concessionaire shall have the option, at its own expense, within thirty (30) days of termination, of removing fixtures or structures which it has installed. a) Expansion: Any expansion or modification to the facility must be approved by the Commission in writing prior to any work being done and shall be at the sole discretion of the Commission as evidenced in writing. b) Cost of Expansion: Any cost associated with expansion of the Range beyond its present facilities and services shall be the responsibility of the CONCESSIONAIRE unless approved otherwise in writing by the Commission. PERMITS AND LICENSES The Concessionaire shall obtain all permits and licenses necessary to conduct the business related to the Concessionaire Contract and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. All required permits and licenses must be obtained prior to commencement of any operation by the Concessionaire. A copy of each permit or license shall be provided to the Commission on or before the date the Concessionaire opens for business. The Concessionaire shall have responsibility for all liabilities that accrue to the leased premises or improvements thereon, including any and all drainage and special assessments or taxes of every kind which may hereafter be lawfully assessed and levied against the premises during the term of the Concessionaire Contract. In addition, Concessionaire shall pay all charges for the furnishing of gas, electricity, water, or other public utilities to the Range premises. 7 129 RELATIONSHIP OF PARTIES It is understood that no employer-employee relationship exists between the Commission and the Concessionaire, and the Commission is not responsible for providing Workers' Compensation insurance and withholding services for the Concessionaire or his employees. There is no conflict of interest or any other prohibited relationship between the Concessionaire and the Commission. REPRESENTATIONS The Commission and the Concessionaire stipulate that neither of them has made any representations except such representations as are specifically contained within this Concessionaire Contract and each party acknowledges reliance on its own judgement in entering into the Concessionaire Contract. The Commission and the Concessionaire further acknowledge that any payments or any representations that may have been made outside of those specifically contained in this Concessionaire Contract are of no binding effect and have not been relied upon by either party in its dealings with the other in entering into this Concessionaire Contract. This Concessionaire Contract will be binding upon each of the parties thereto, their heirs, or successors, and shall be assignable only upon the written consent of the Commission. BREACH AND TERMINATION The Commission and Concessionaire agree to faithfully execute the covenants and contracts as set forth in this Concessionaire Contract. The Concessionaire Contract may be terminated in accordance with the following: a) The Commission or the Concessionaire may terminate this contract with 90 days written notice without cause. b) The Concessionaire Contract shall terminate if mutually agreed upon by both parties that such action would be in the best interest of the Commission and the Concessionaire. c) The Concessionaire Contract shall terminate immediately upon the Commission giving written notice to the Concessionaire in the event the premises are used for criminal purposes with the knowledge or consent of the Concessionaire. This Contract shall terminate immediately upon the Commission given written notice to the Concessionaire in the event of fraud or willful misconduct or material breach of this Contract. The Commission shall allow sixty (60) calendar days to correct a breach of this Contract. 8 130 d) In the event of material breach of any of the covenants, terms or conditions hereof by Concessionaire, the Commission shall provide Concessionaire written notice to remedy such material breach. If Concessionaire fails to remedy such material breach within 60 days of written notice, the Commission may terminate the Concessionaire Contract effective immediately and all of Concessionaire rights hereunder, and recover from Concessionaire all damages the Commission may incur by reason of the breach and termination of the Concessionaire Contract. e) This Contract shall terminate upon the Commission given written notice to the Concessionaire in the event the annual Contract payment is not paid when due. Such termination is at the sole option of the Commission. fl This Contract shall terminate upon the Commission given written notice to the Concessionaire, in the event the Concessionaire, his agents or employees fail to abide by all laws, rules and regulations relating to the taking of wild animal life or freshwater aquatic life, on the Range premises. NO WAIVER OF BREACH The failure of the Commission to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this Concessionaire Contract shall not be construed as a waiver of such covenants, terms and conditions, but the same shall continue in full force and effect, and no waiver by the Commission of any of the provisions of this Concessionaire Contract shall in any event be deemed to have been made unless the waiver is set forth in writing by the Commission. MODIFICATION OR AMENDMENT OF AGREEMENT No waiver, modification, or amendment of this Concessionaire Contract, or of any covenant, condition, or limitation contained herein shall be valid unless in writing and lawfully executed by both parties. It is the intention of the Commission and the Concessionaire that no evidence of any waiver, or modification or amendment shall be offered or received in evidence in any proceeding or litigation between the parties arising out of or affecting this Concessionaire Contract unless such waiver, or modification, or amendment is in writing and executed as aforesaid. The provisions of this section shall not be waived without compliance with said writing and execution requirements. ASSIGNMENT The Concessionaire shall not assign any or all of the rights, liabilities, duties or obligations of the Contract nor subcontract any part of the Contract without the written 9 131 consent of the Commission. LIABILITY OF THE PARTIES Except as prohibited by law, the Concessionaire shall indemnify and hold harmless the Commission from any and all claims or demands for any personal injury or property damage resulting from, or arising out of the Concessionaire's use, operation or occupancy of the Range premises. The Concessionaire shall investigate any and all claims of every nature, at its own expense, relating to the Concessionaire's use, operation or occupancy of the Range premises. Nothing contained in the Concessionaire Contract shall be deemed to constitute a waiver of sovereign immunity on the part of either party or to affect, limit or reduce the protection afforded the Commission under the provisions of §375.251 and §768.28, F.S., or to effect, limit or reduce the protection afforded the landowner under the provisions of §375.251, F.S., or to protect Concessionaire from liability for any deliberate willful or malicious act of the Concessionaire. INSURANCE REQUIRED During the term hereof, the Concessionaire shall maintain a modified self-insurance program in keeping with Indian River County Board of County Commissioners' administrative policy and under provision of Section 768.28, Florida Statutes. Additionally, the Concessionaire shall provide written proof of insurance for commercial general liability for personal iniurv. death and nronerry damage as well as workers' compensation insurance as required by the Florida Workers' Compensation Law. INDEMNITY Except as prohibited by law, the Concessionaire shall indemnify and hold the Commission harmless from and against all cost, judgements, attorney's fees, expenses, obligations and liabilities of any kind and nature which the Commission may incur or sustain in connection with or arising from the Contract or any court actions arising hereunder. In addition, the Concessionaire hereby agrees to be responsible for any injury or property damage resulting from any activities conducted under this Contract. PROHIBITION AGAINST LJENS The Concessionaire will not cause any lien to be filed against the premises or Concessionaire. If any mechanics lien is filed for labor or materials furnished or to be furnished to the Concessionaire, such lien shall be discharged by the Concessionaire within thirty (30) days after the date of filing. 10 132 The Range premises and the operation of the facilities and services thereon will be subject to inspection by duly authorized assigns of the Commission to insure strict compliance with the terms of the Concessionaire Contract. The Concessionaire agrees to permit travel through and across the leased premises by representatives of state, federal or local governments at any reasonable time for any reason. RECORDS AND RIGHT OF AUDIT The Concessionaire shall maintain complete and accurate records that provide a clear audit trail of all receipts and disbursements and such additional records as the Commission deems necessary to adequately reflect the operations conducted on the Range premises. The Concessionaire shall be required to furnish the Commission certified copies of his statement of gross revenues including receipts of adjustments for returns and allowances, and profit/loss from the operations authorized by the Concessionaire Contract, within one hundred and eighty (180) days after the end of each Concessionaire fiscal year. a) The Commission shall have the right and authority to audit all records, documents, automated records, and books pertaining to the Concessionaire operation. Such audit shall be conducted at locations and at a frequency determined by the Commission and communicated to the Concessionaire. Concessionaire agrees to provide all necessary documentation for the audit at the designated place within fifteen (15) days after the Commission's notice is received and any additional documentation requested during the audit. The Concessionaire will be required to furnish the Commission audited annual financial statements within one hundred and eighty (180) days after the end of each Concessionaire fiscal year. The audit shall be conducted by an independent certified public accountant in accordance with Section 215.97, Florida Statutes, the Florida Single Audit Act. b) Records of original entry, source documents and all records pertaining to revenues and expenditures of this Contract shall be retained for a period of three (3) years in auditable condition, except that such records shall be retained until final resolution of matters resulting from any litigation, claim, or audit that started prior to the expiration of the three (3) year retention period. The retention period commences from the date of submission of the annual audited financial statement required above. PUBLIC RECORDS The Concessionaire Contract may be terminated by the Commission should Concessionaire fail to allow public access pursuant to Chapter 119, Florida Statutes, to all documents, papers, letters or other materials made or received in conjunction with the 11 133 Concessionaire Contract. If the Concessionaire seeks or is subject to a judicial determination as to the scope of records required to be disclosed under Chapter 119, F.S. and such judicial determination is sought or defended by the Concessionaire in good faith, the Concessionaire shall abide by the judicial determination and, in such a case, shall not be considered to have breached the Concessionaire Contract. 19 • 014 -93 1 WMIT V&C s: This Contract in no way affords to any third parry legal benefits or otherwise the ability to enforce provisions of this Contract. NON-DISCRIMINATION As a condition of this agreement, the Concessionaire hereby covenants and agrees not to discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring pursuant to this agreement. UNAUTHORIZED ALIEN WORKERS In accordance with Executive Order 96-236, the Commission shall consider the employment by any Concessionaire 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 Contract, if the Concessionaire knowingly employees unauthorized aliens. PUBLIC ENTITY CRIMES In accordance with §287.133(2)(a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a Contract to provide any goods or services to a public entity, may not submit a bid on a Contract with a public entity for the construction or repair of a public entity or a public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contractor with any public entity, and may not transact business with any public entity in access of the threshold amount provided in §287.017, Florida Statutes, for CATEGORY II for a period of 36 months from the date of being placed on the convicted vendor list. JURY TRIAL WAIVER The parties hereto, for the considerations herein, expressly waive the right of jury trial in any legal or equitable matters stemming from this Concessionaire contract. 12 134 DISCRIMINATORY VENDORS The parties shall abide by Chapter 287 and §287.134, Florida Statutes, as to the non- acceptance of discriminatory vendors. IN WITNESS HEREOF, the parties hereto have executed this Contract through their duly authorized signatories on the date and year first above written. STATE OF FLORIDA COUNTY OF LEON y 50YA Witness FLORIDA FISH AND WILDLIFE CONSE�cATION COMMISSION iar ALLAN L. EGBERT, Ph.D. Executive Director The f regoing Contract was acknowledged before me thisi*JF.day of , 2001 byic1-.41v -'�, ),4, - who is personally known to me. /c....s; J I M M I E C. B EV I S APPROVED AS TO FORM y.,.Commissign F,.iea Notary Public° !_�SI�FFI l NCY cc'—"' EXPIRES 2no, • i i •:. _ . .• .. Commission Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Attest: J.K. Barton, Clerk of Cirl Court Caroline D. Ginn, hai rman The foregoing Contract was acknowledged before me thisl 0th day of April , 2001 by parol i nQ n Ci nn_ who is personally known tome abtXJia*fflMk*A XXXXXXXXXXXXXXXXXlX�XXXXxxxid6dilIg ol(XX .:%-. Kimberly E Mouunp My Commis n Expires Notary Public = : = MYCOMMIsSM0 CCISS436 DMRES y July 15 2003 .r K)NM TM TWY FAw M 0M M INC 13 135 LEGAL DESCRIPTION_ A portion of Sections 25 and 26 of the Fleming Grant, Indian River County, Florida, being more particularly described as follows: Begin at on iron rod marking the Northeast corner of the lands described in O.R. Book 678, Page 339 of the Public Records of Indian River County, Florida, and run N 89'26'16" W along the North line of the lands described in said O.R. Book 678, Poae 339, a distance of 2172.65 feet to o point in the South line of Section 26, Fleming Grant. Then run Along the Southwest line of Section 26 and Section 25 of Fleming Grant, IJ 44'39'18" W a distance of 2900 feet, more or less, to a point lying in the East right—of—way line of State Road 5 (Interstate 95). Then run NSI 1'50'02" E, along :he East riaht—of—woy line of Interstate 95, a distance of 1688 feet, more or less to c point. Then run S 89'26'16" E. parallel with the North line of the lands described in O.R. Book 678, Poae 339, c distance of 4259 feet, more or less, to a point lying in the Northerly extension of the East richt—of—way line of 102nd Terrace. Then run S 0'20' 14" W, olonc the Northerly extension of the East right—of—way line of 102nd Terrace as recorded in Plat Book Page 59 of the Public Re=oras of Indian River County, Florida, a distance of 3730 feet, more or less, to the Norti^ecst corner a, 'i 02nd Terrace, according to the said plat. Then run N 89'26'16" W a distance of BO feet to a point on the West right—of—way of 102nd Terrace and the POINT OF SE -'GINNING. EXHIBIT A 136 INDIAN RIVER COUNTY SHOOTING RANGE 10455 102id Terrace Vero Beach, FL 32967 561-581-4944 Operational Plan Hours of Operation The Indian River County Shooting Range (hereafter referred to as IRCSR) will be open to the public a minimum of 40 hours per week as per the contract for public use. The range will be available to groups, organizations, or individuals on an appointment basis during the days and hours not open to the general public. Shooting activities will not begin prior to 6:00 a.m. nor continue past 9:00 p.m. The range will be open on weekends. Marketing Plan As a governmental agency, IRCSR will market the range through county press release, in Parks & Recreation brochures, and in a newsletter to our patrons. We will also have our brochure available at all public places as well as sent to area gun shops, pawn shops and other businesses related to shooting. An information and price sheet will be sent to area law enforcement, and military organizations. Direct Marketing Direct Marketing will occur via mail or verbal communications with previous customers based on their shooting interests. Trade Show Marketing The IRCSR Range Master II will be a member of the National Association of Shooting Ranges, and will attend and promote our range at several large trade and industry events around the country. We will have a table at most local gun shows to talk and promote the range. Organizational Marketing IRCSR will work with all the state and national organizations from the NRA and NSSF to state organizations such as FSSA & FWC. We will become members of most of these EXHIBIT B 137 organizations to offer their programs and to promote our range. The FWC Hunter Education courses, as well as Boy Scouts, 4H and ROTC groups will be involved with the range. Print Add Marketing IRCSR will have an ad in the yellow pages, Blacks Wing Clay, NASR list of ranges, NRA list of ranges, as well as several State of Florida publications as relates to recreation or shooting. We have County signage as well as working with DOT to get signage on 1-95. Web Based Marketing IRCSR will be added to Indian River County's website as well as N.A.S.R.'s "Where to Shoot", NRA's member ranges, as well as links from many other shooting and recreation sites. Promotional Activities IRCSR will have an open house during our "Site in Days" where we will ask several manufacturers and vendors to display their products. We will bring in events that are spectator friendly to promote the range. IRCSR will work with manufacturer representatives to have sponsored shoots at the range. These events are typically extremely lucrative for the range in that the manufacturers and vendors assume the advertising and supply burden. IRCSR intends to develop strategic relationships with major firearms industry vendors. IRCSR management is highly in tune with the motivations of manufacturers and the various ways the two entities can help each other. This inside industry experience will be called upon to promote the range and its services. Shooting Opportunities Leagues IRCSR will promote and start-up clubs to be based from our range. We will also run registered tournamcnts of all types. Leagues and clubs provide a great initial customer base to the range. Industry experience has shown that when gone unchecked, leagues have the capacity to financially damage retail ranges. League members often expect unrealistic discounts and can direct business away from the range by selling to new initiates "out of their garage". Leagues also tend to occupy the range during high usage periods, restricting the availability ofthe facilities for other shooters. IRCSR is not adverse to allowing the formation of shooting leagues, and management are strong supporters ofthese activities, but the leagues will be strictly limited to ensure there is no negative impact to the perception of other range patrons or the IRCSR business entity. 138 Shooting Types IRCSR will offer pistol, rifle and shotgun shooting of all types as well as archery and airgun. The types of shooting allowed on the range have been identified in previous sections. These activities are consistent with the entineering and safety design specifications ofthe range. The engineered range safety features will not be bypassed during specialized shooting activities such as action pistol, Cowboy or plinking. In no case will shooters move forward of the firing line and negate the effectiveness of the baffles, backstop and berms. Training IRCSR will offer NRA safety classes as well as FWC Hunter Education and Bow Hunting courses. IRCSR's commitment to training opportunities has been accentuated throughout the plan. IRCSR will constantly strive to offer the latest and most effective training opportunities to our patrons. As with the shooting opportunities listed above, no training program or class will undermine the safety features engineered into the range. Facility Improvements IRCSR will be adding to the facility a walk-thru sporting clays course and a walk-thru archery course. We also will be adding lights for night time use on the rifle, pistol and -stand ranges. As an advocate of Total Quality Management, IRCSR has a strong commitment towards constantly evaluating our facility, operations and customers needs to make sure we are doing everything possible to further the needs of the company and the shooting public. Initial Capital Improvement projects anticipated during the first three years include: Maintenance Building The addition of a maintenance and storage shed is in the works. Maintenance will be a County function. We intend to make a substantial investment in equipment, and this equipment is vital to the range and the services we offer. A maintenance shed will provide the physical security from the elements and vandals necessary to provide a high level of maintenance. This shed will probably be located behind the Pro Shop. Range Officer Booths 139 IRCSR has added rear ready areas on both pistol and rifle ranges. Safety is a paramount concern of IRCSR. As mentioned in previous sections, our goal is to exercise positive control over every shooting situation. Our RO's will be expected to be on the line during all shooting activities. Each shooter must check in with the RO who will conduct a safety inspection of all firearms and give a safety brief. Normal commands on the firing line will be communicated via loudspeaker system. An RO may still walk the firing line aiding shooters, as long as the RO is controlling the safety of the line from the RO booth without distraction. The Range Officer booths will be designed to ensure all shooters and their firearms are checked for safety prior to approaching the firing and preparation areas. The RO booths may be equipped with video monitoring systems and a phone for emergency situations. 140 Proposed Fees Target Range Admission (Rifle & Pistol Ranges) Adult* $6.50 per person / max 3 hours Juniors (17 & under)* - $4.50 per person / max 3 hours Adult * $6.50 per person / max 1 '/2 hours for 200 yds. Range Junior * $6.50 per person / max l 'i: hours for 200 yds. Range (Shotgun) 5- stand sporting clays * - $6.25 per round (25) Sporting Clays Course * - $34.00 per 100 targets Non -Profit Sporting Clay Tournament * - $26.00 per 100 targets (Archery) Adults - $4.00 per person / max 2 hours Juniors (17 & under) - $2.50 per person / max 2 hours Archery Course - $6.00 per person — once thru Juniors (17 & under) - $4.00 per person — once thru Rentals (per availability) * Rifle & Pistol Ranges $175.00 per 4 hours — without lights $250.00 per 8 hours — without lights $200.00 per 4 hours — with lights Law Enforcement Agencies $150.00 per 4 hours — without lights $224.00 per 8 hours — without lights $170.00 per 4 hours — with lights Annual Contract (12 or more)$125.00 per 4 hours — without lights $200.00 per 8 hours — without lights $145.00 per 4 hours — with lights 5 -Stand Rental $30.00 per hour & targets * Tournament fees will be negotiated through the Range Master * lead remediation charges will be charged in addition to the rate for each shooter 141 FWC Con'. ;t No. 00252 A-] STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AMENDMENT NO. l TO CONTRACT This Amendment to Contract No. 00252 , referred to as the Original Contract, is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission," and Indian River County Board of County Commissioners, F596000674-006, whose address is 1801 27'h Street, Building A, Vero Beach, FL 32960, hereinafter "County", collectively, "Parties". WHEREAS, the Commission and the County entered into a Concessionaire Contract on March 13'', 2001 for the operation of the Florida Fish and Wildlife Conservation Commission Indian River Public Shooting Range. WHEREAS, the Parties desire to renew that Contract. Now, therefore, in consideration of the mutual benefits set forth herein, the parties agree to amend the Original Contract, as follows, which amendments shall govern to the exclusion of any provision of the Original Contract to the contrary: In accordance with Provision two (2) thereof, the Original Contract, is hereby renewed for an additional 10 (ten) year term, commencing March 13, 2016, and terminating March 12, 2026. An updated 2016 Operations and Shooting Plan is attached to this Amendment as Exhibit All provisions of the ORIGINAL CONTRACT not specifically amended herein shall remain in ful l force and effect. Page 1 of 2 The Remainder of This Page Left Blank Version 1, Revised 6/10/2014 142 FWC Con. .,ct No. 00252 A-1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Contract to be executed through their duly authorized signatories on the day and year last written below. INDIAN RIVER COUNTY FLORIDA FISH AND WILDLIFE BOARD OF COUNTY CONSERVATION COMMISSION COMMISSIONERS Bob Solari, Chairman Date approved• / (/ ••,.,_iNo� ... •�:�a�,: ATTEST: Jeffrey R. Smith, Clerk of the Circuit Court d Comptroller By: D y er Approved as to form and legal sufficiency: Bv:II,C 4f. William K. D`eBraal Deputy County Attorney Name: ro Date: 1- / 2.3 / f Page 2 of 2 Version 1, Revised 6/10/2014 143 EXHIBIT B INDIAN RIVER COUNTY SHOOTING RANGE 10455 102ND Terrace Vero Beach, FL 32967 772-581-4944 Hours of Operation The Indian River County Shooting Range (hereinafter referred to as "Range") will be open to the public a minimum of 40 hours per week as per the Concessionaire Contract requirement for public use. The Range will be available to groups, organizations, or individuals on an appointment basis during the days and hours not open to the public. Shooting activities will not begin prior to 6:00 a.m. nor continue past 9:00 p.m. The Range will be open on weekends. Marketing Plan As a governmental agency, Indian River County (County) will continue to market the Range through County press releases, in County Parks & Recreation brochures, newsletters and through social media to our patrons. We will have our brochure available at all area gun shops, pawnshops and other businesses related to shooting. The informational brochure and price sheet will be sent to area law enforcement and military organizations. Direct Marketing Direct Marketing will occur via mail or email blasts with previous customers based on their shooting interests. The time honored "word of mouth" recommendations from previous patrons has proven to be a benefit to our direct marketing efforts. Trade Show Marketing The County's Shooting Range Manager is a member of the National Association of Shooting Ranges and will attend and promote the Range at several large trade and industry events around the country. The Range will host a table at most local gun shows to promote the Range and talk to interested attendees. Organizational Marketing Indian River County Shooting Range management will continue to work closely with the Florida Wildlife Conservation Commission to improve on this unique partnership. Once the classroom is completed, regularly scheduled FWC Hunter Education courses will bring interested groups to our doorstep. Local groups such as Boy Scouts, 4-H and ROTC groups will continue their involvement with the Range on a regular basis. The Range management will continue its 144 EXHIBIT B memberships in national organizations including the National Rifle Association, National Skeet Shooting Association, National Sporting Clays Association, Amateur Trapshooting Association, National Shooting Sports Foundation and Rocky Mountain Elk Foundation to offer their programs and to promote the Range. Print Ad Marketin The Range will continue marketing in the National Shooting Sports Foundation list of ranges, National Rifle Association list of ranges, as well as several State of Florida publications that feature recreation or shooting. Indian River County Shooting Range staff has worked with DOT for signage on I-95 and placement of entrance signs. Web Based Marketing The Range is featured on Indian River County's website at ircgov.com. The Range now has its own website: wwwags-hootinbirc.com. We actively promote the Range through social media with Facebook page and Twitter accounts. These social media accounts offer all types of information such as events, promotions, hours and upcoming classes. The Range is listed on the National Shooting Sports Foundation's "Where to Shoot" member ranges, as well as links from many other shooting and recreation sites. Promotional Activities Staff will work with manufacturer representatives to have sponsored shoots at the Range. These events are frequently lucrative for the Range as manufacturers and vendors pay for the cost of advertising for the event which brings new patrons to the Range. The Range intends to develop strategic relationships with major firearms industry vendors. The Range management team is highly in tune with the motivations of manufacturers and the various ways the two entities can help each other. This inside industry experience will be called upon to promote the Range and its services. We are the first range in Florida to host a major shooting industry event in the last 20 years. We intend to continue to showcase the Range, County and community with more of these types of events. 145 EXHIBIT B (t - - � Kr�ii►i�r�i��r Leagues The Range will organize and promote clubs to be based from the Indian River County Shooting Range. Staff will also run registered tournaments of all types. Leagues and clubs provide a great initial customer base to the Range. Industry experience has shown that when gone unchecked, leagues have the capacity to financially damage retail ranges. League members often expect unrealistic discounts and can direct business away from the Range by selling to new initiates "out of their garage" Leagues also tend to occupy the Range during high usage periods, restricting the availability of the facilities for other shooters. The Range is not averse to allowing the formation of shooting leagues and management is a strong supporter of these activities, but the leagues will be strictly limited to ensure there is no negative impact to the perception of other range patrons or the Range business entity. ShootingTypes The Indian River County Shooting Range will offer pistol, rifle and shotgun shooting of all types including air gun and archery. The types of shooting allowed on the Range have been identified in previous sections. These activities are consistent with the engineering and safety design specifications of the Range. The engineered range safety features will not be by passed during specialized shooting activities such as action pistol, cowboy or plinking. Any activity forward of the static shooting lines will be closely monitored and controlled by the range management. All courses of fire will need to be pre -approved by the range management before any firing can commence. Training The Range will offer Florida Wildlife Conservation Commission Hunter Education and Bow Hunting courses as well as National Rifle Association safety classes. Indian River County Shooting Range's commitment to safety and training opportunities has been accentuated throughout the plan. The Range will constantly strive to offer the latest and most effective training opportunities to the patrons. As with the shooting opportunities listed above, no training program or class will undermine the safety features engineered into the Range. Facility Improvements Since the opening of the Range, Indian River County has added the following improvements: • Large storage building with roll door for clay and equipment storage • Replaced and upgraded the clay traps on the 5 -Stand • Built a walk through 14 station NFA archery course • Lighting has been installed on the rifle range, pistol range, airgun range, field archery and 5 -Stand clays field 146 EXHIBIT B • Baffle replacement on both the pistol and rifle ranges • A new action pistol range is now open for classes, clubs and events • A 15 station walkthrough sporting clays course Perhaps the most exciting improvements are currently under construction: ✓ A $1,300,000 project to install three lighted combination skeet and trap fields with storage building including improvements to the walkthrough sporting clays course In the future, with funding and expertise from the Florida Wildlife Conservation Commission, the County plans to build a new classroom to be constructed near the new clays facilities. As an advocate of Total Quality Management, the Range has a strong commitment towards constantly evaluating our facility, operations and customer's needs to make sure we are doing everything possible to further the needs of state, county and the shooting public using our ranges. Maintenance will be a County function. We have made a substantial investment in equipment, and this equipment is vital to the Range and the services we offer. We will continue to maintain, replace and upgrade the buildings and equipment to provide a first class range and shooter experience. Indian River County Shooting Range has added rear ready areas on both pistol and rifle ranges. Plus we added sliding safety gates at the entrance to each range. Range booths on each of the pistol and rifle ranges provide on -range storage and bottled water for patrons. Safety is a paramount concern of the Indian River County Shooting Range. In the range office shooters will be required to read with staff the range rules and information. Range staff will continue to be on hand to answer questions. Shooters will continue to be required to sign a waiver and then will be issued a "waiver/rules acknowledgment card before they can purchase a range pass for any use of our ranges. As mentioned in previous sections, our goal is to continue to exercise positive control over every shooting situation. Our Range Officers will be expected to be on the shooting lines during all shooting activities. Each shooter must check in with the Range Officer who will conduct a safety inspection of all firearms and answer any rules or safety questions. Normal commands on the firing line will be communicated via loudspeaker system. A Range Office~- will be walking the firing line aiding shooters and providing safety. Dated: January 1, 2016 147 FWC Contract No. 00252 A-2 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AMENDMENT NO.2 TO CONTRACT NO. 00252 This Amendment to Contract No. 00252 , referred to as the Original Contract, is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission," and Indian River County Board of County Commissioners, whose address is 180127"' Street, Building A, Vero Beach, FL 32960, hereinafter "County", collectively, "Parties". WHEREAS, the Commission and the County entered into the Original Contract on March 13'x', 2001 for the operation of the Florida Fish and Wildlife Conservation Commission Indian River Public Shooting Range; and WHEREAS, via Amendment No. 1, the parties renewed the Original Contract on February 2, 2016, for a period of ten (10) years, now to expire on March 12, 2026; and WHEREAS, the Indian River Public Shooting Range has grown into one of the finest public shooting ranges in the state of Florida. The facility now includes the following: • 5 -stand sporting clays • 3 combination skeet and trap fields • Pistol Range consisting of 35 firing stations • Rifle range with 29 stations including two 200 -yard target firing stations • Air gun range • 65 -yard archery range • Walk-through sporting clays course • Walk-through archery course • Gun shop • Fishing Lake WHEREAS, due to the expansion of the Indian River Public Shooting Range, transportation is necessary to accommodate those with special needs, and would be greatly enhanced with the use of golf carts modified to carry patrons, staff and equipment to various places around the Range; and WHEREAS, the Commission has applied for and received grant funding from the U.S. Fish and Wildlife Service (Grant) used to purchase ten (10) golf carts modified to carry four people including racks for guns and storage for equipment such as ammunition and clay targets; and WHEREAS, the Parties desire to amend the Original Contract to provide for the ownership, use and maintenance of the ten golf cars. Page 1 of 3 148 FWC Contract No. 00252A-2 NOW, THEREFORE, in consideration of the mutual benefits set forth herein, the Parties agree to amend the Original Contract, as follows: The above recitations are true, correct and incorporated herein by reference. 2. The Commission shall deliver and the County will take into possession ten 2018 EZGO golf carts (Carts) modified to carry four people, with gun racks and storage to accommodate clay targets. 3. The Commission shall retain entitlement to the Carts and track them in their inventory system, but will transfer any warranty on the carts to the County. 4. The County shall be responsible for all maintenance and upkeep of the Carts, warrantied or otherwise. 5. The County agrees to comply with any and all terms of the Grant provided to the Commission for purchase of the Carts, including, but not limited to, use of the Carts exclusively for Indian River Public Shooting Range purposes. 6. To the extent allowed by law, and without waiving it sovereign immunity, the County agrees to indemnify and hold the Commission harmless from liability due tD the use of the Carts. 7, Once a Cart reaches the end of its useful life, which shall occur when the Commission detennines the cost of repair(s) exceeds the value of the Cart, the Commission shall decide to: a. take possession and sell the Cart, and any proceeds returned towards the Federal Aid brant; b. take possession of the Cart for possible trade-in toward the purchase of new carts under a new Federal Aid grant; c. or other disposition of the Cart that is acceptable to the Commission and the Federal Aid restrictions. Notwithstanding, all provisions of the Original Contract and Amendment No. 1 not specifically amended herein shall remain unchanged and in full force and effect. The Remainder of This Page Left Blank Page 2 of 3 149 FWC Contract No. 00252 A-2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Contract No. 000252 to be executed through their duly authorized signatories on the day and year last written below. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Date: ATTEST: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: 0 William K. DeBraal Deputy County Attorney Page 3 of 3 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Eric Sutton, Executive Director Approved as to form and legality by FWC Attorney: 150 AMENDMENT STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FWC Contract No. 00252, Amendment #3 This Amendment to Contract No. 00252, referred to as the Original Contract, is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission" or "FWC," and Indian River Board of County Commissioners, F596000674, whose address is 1840 25t' St. Vero Beach, Florida 32960, hereinafter "Concessionaire" collectively, "Parties". CHANGES TO THE CONTRACT In consideration of the mutual benefits set forth herein and, in the Original Contract, the parties agree to amend the Original Contract as follows, which amendments shall govern to the exclusion of any provision of the Original Contract to the contrary: OPERATIONAL COST, Subsection g) of the Original is hereby amended to read as follows: The Concessionaire shall not commit waste on the premises; shall not conduct mining operations or drill for oil or gas upon the premises; shall not remove sand, gravel, or kindred substance from the ground; and shall not, in any manner, substantially change the contour or condition of the premises unless approved in writing by the Commission. The Concessionaire shall be responsible for lead remediation should it become necessary for such action on the Concessionaire's trap, skeet, and sporting clays fields. The Commission's contractor for lead remediation shall remain available to the Concessionaire for lead remediation on the rifle and handgun ranges. FEE STRUCTURE/IMPACT FEES of the Original Contract is hereby amended to read as follows: FEESTRUCTURE A fee shall be charged to the users of the Range. This fee shall be set by the Concessionaire. The fee structure may include a daily fee, an annual fee and/or a family fee. However, the amount charged may not exceed $20 per individual user of the rifle and handgun ranges and $.75 per target for trap, skeet and sporting clays. Range use fees for non-public shooting during times when the Range is scheduled to be closed to public shooting activities shall be established by the Concessionaire. These activities may include renting the Range to a public or private entity for in-service firearms training. All fees shall be included in the range operation and be part of the Concessionaire's gross range operating revenue.. During the time the Range is open to the public all Range patrons must have a valid permit on their person when engaged in the respective shooting activities on the Range, except those users for whom no charge is assessed pursuant to Commission -sponsored events and as elsewhere denoted in this Contract. It shall be the Concessionaire's responsibility to issue permits and to maintain records that provide a clear audit trail of Range use. The Commission shall approve the design of Range use permits issued by the Concessionaire. 151 FWC Contract No. 00252 PAVING, SPORTING CLAYS AND RIFLE AND HANDGUN RANGE IMPROVEMENTS is a new section added to the Original Contract to read as follows: The Concessionaire agrees to make enhancements to the facility by repaving the entry road and improving the sporting clays trail. To assist with these improvements the Commission is providing $200,000 in funding to enhance ADA compliance for the sporting clays stations and improvements in sound abatement and electronic targets on the rifle and handgun ranges. To spend funds provided by the Commission, the Concessionaire is required to coordinate purchases through the Commission Purchasing procedures. The Concessionaire is required to provide documentation (invoices) of the improvements made by the Concessionaire. These expenditures will be used as required matching funds for the Commission's grants. FWC Contract/Agreement Amendment Last Revised: 2.11.2022 Page 2 of 4 152 FWC Contract No. 00252 SIGNATURES All provisions of the Original Contract not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to Contract No. 00252 to be executed through their duly authorized signatories on the day and year last written below. SELECT TYPE EXECUTION SIGNATURE COMMSSION EXECUTION SIGNATURE Indian River Board of County Commissioners Florida Fish and Wildlife Conservation Commission Contractor Signature Executive Director (or Designee) Signature Print Name Print Name Title Title Date Date ATTACHMENTS Attachments in this Agreement include the following: • Exhibit B — Proposed Fees (page 5 of Operational Plan) FWC Contract/Agreement Amendment Last Revised: 2.11.2022 Page 3 of 4 153 FWC Contract No. 00252 Proposed Fees Target Range Admission (Rifle & Pistol Ranges) Adult* $6.50 per person/ max 3 hours Juniors (17 & under) * - $4.50 per person / max 3 hours Adult* $6.50 per person / max 1 %2 hours for 200 yds. Range Junior * $6.50 per person/ max 1 %2 hours for 200 yds. Range (Shotgun) 5- stand sporting clays * - $6.25 per round (25) Sporting Clays Course * - $34.00 per 100 targets Non -Profit Sporting Clay Tournament* - $26.00 per 100 targets (Archery) Adults - $4.00 per person/ max 2 hours Juniors (17 & under) - $2.50 per person/ max 2 hours Archery Course - $6.00 per person- once thru Juniors (17 & under) - $4.00 per person- once thru Rentals (per availability) * Rifle & Pistol Ranges $175.00 per 4 hours -without lights $250.00 per 8 hours - without lights $200.00 per 4 hours -with lights Law Enforcement Agencies $150.00 per 4 hours -without lights $224.00 per 8 hours -without lights $170.00 per 4 hours - with lights Annual Contract (12 or more) This $125.00 per 4 hours -without lights $200.00 per 8 hours - without lights $145.00 per 4 hours -with lights 5 -Stand Rental $30.00 per hour & targets * Tournament fees will be negotiated through the Range Master FWC Contract/Agreement Amendment Last Revised: 2.11.2022 Page 4 of 4 154 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation Date: August 1, 2023 To: The Honorable Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Acting General Services Director From: Wendy Swindell, Conservation Lands Manager Subject: Modification to Subgrant Agreement between the Division of Emergency Management and Indian River County for the Elevation of the Historic Jones House (Contract Number H0566). BACKGROUND: The historic Jones's Pier bungalow/house, originally built circa 1921, was inundated with approximately 7-9 inches of water for an extended period of time after the passing of Hurricane Matthew in 2016. On February 8, 2017, the Florida Division of Emergency Management (FDEM) announced the availability of Hazard Mitigation Grant Program (HMGP) funds resulting from the Presidential Disaster Declaration for Hurricane Matthew. The purpose of the HMGP is to assist communities in implementing hazard mitigation measures. The program is federally funded, but is allocated and distributed by the State through the FDEM. After receiving an estimate from a local contractor for the elevation of the historic house, County staff utilized the estimated cost to apply for FDEM HMGP funding (based on an estimated project cost of $78,981.00). The proposed HMGP grant reimburses 75% of the project cost ($59,235.75). The application to the FDEM HMGP program was approved, and the grant was awarded to the County on October 14, 2020 (DR -4283 Hurricane Matthew; 4283-91-R Indian River County 1920s Bungalow). The executed contract was provided by the FDEM on June 6, 2021. The itemized budget for the 2021 HMGP grant is provided below. BUNGALOW ELEVATION BUDGET (2021) On November 8, 2022, the Board of County Commissioners approved a Job Order Contract (JOC) from Gordian (part of the Sourcewell Cooperative), in the amount of $460,629.70 to complete the 155 Project Cost Federal Cost County Share Materials: $56,200.00 $42,150.00 $14,050.00 Labor: $14,081.00 $10,560.75 $3,520.25 Fees: $0.00 $0.00 $0.00 "Pre -Award: $8,700.00 $6,525.00 $2,175.00 Project Total: $78,981.00 $59,235.75 $19,745.25 On November 8, 2022, the Board of County Commissioners approved a Job Order Contract (JOC) from Gordian (part of the Sourcewell Cooperative), in the amount of $460,629.70 to complete the 155 elevation of the historic structure. The elevation work was completed at the end of February 2023. Total payment to the Contractor for the elevation of the bungalow was $468,046.63 (including a $7,416.93 Change Order to address unanticipated buried debris). The period of performance for the FDEM HMGP house elevation grant was set to expire on April 6, 2023. Staff submitted paperwork to FDEM to provide progress on the project, including a copy of the JOC for the elevation of the historic structure. Upon review and approval by the FDEM, staff requested a budget increase to address the increase of the project budget from the 2021 FDEM executed grant agreement. Since that time, the period of performance of the grant has been extended to December 31, 2024. In July 2023 the FDEM has provided a Modification to the Subgrant Agreement with the County to increase the Federal Funding by $282,855.00, for the maximum amount payable under the Agreement to $342,090.75. A summary of the modified budget is presented below. BUNGALOW ELEVATION MODIFIED BUDGET (2023) The modified budget increases the County's grant match from $19,745.25 to $114,030.25. However, the modified budget results in a net gain of to the County of $282,855.00 due to the increase in the Federal Funding. Should the Board accept the modified Agreement, a copy has been attached for execution by the Chairman. FUNDING The project is funded through Optional Sales Tax/Parks/Jones Pier Improvements, as identified in the Capital Improvement Element of the Comprehensive Plan adopted on December 13, 2022, in the total amount of $456,121.00. FDEM will reimburse the County for 75% of costs incurred, or $342,090.75, with the County's share being the remaining 25%, or $114,030.25. Account Name Project Cost Federal Cost County Share Materials: $231,050.00 $173,287.50 $57,762.50 Labor: $195,714.00 $146,785.50 $48,928.50 Fees: $20,657.00 $15,492.75 $5,164.25 **Pre -Award: $8,700.00 $6,525.00 $2,175.00 Project Total: $456,121.00 $342,090.75 $114,030.25 The modified budget increases the County's grant match from $19,745.25 to $114,030.25. However, the modified budget results in a net gain of to the County of $282,855.00 due to the increase in the Federal Funding. Should the Board accept the modified Agreement, a copy has been attached for execution by the Chairman. FUNDING The project is funded through Optional Sales Tax/Parks/Jones Pier Improvements, as identified in the Capital Improvement Element of the Comprehensive Plan adopted on December 13, 2022, in the total amount of $456,121.00. FDEM will reimburse the County for 75% of costs incurred, or $342,090.75, with the County's share being the remaining 25%, or $114,030.25. Account Name Account Number Amount Optional Sales Tax/Parks/Jones Pier Improvements 31521072-066510-18010 $456,121.00 STAFF RECOMMENDATION: Staff respectfully recommends that the Chairman execute the Modified Subgrant Agreement between the FDEM and the County. ATTACHMENT • Modification to Subgrant Agreement between the Division of Emergency Management and Indian River County for the Elevation of the Historic Jones House (Contract Number H0566). APPROVED AGENDA ITEM FOR AUGUST 15.2023 156 SUB -RECIPIENT AGREEMENT CHECKLIST i DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU FISCAL OPERATIONS UNIT SUB -RECIPIENT REPRESENTATIVE POINT OF CONTACT COMPLETE Wendy Swindell This form is required to be included with all Reviews, Approvals, an,d.;Submittals Conservation Lands Manager Reviewed and Approved 5500 77th Street Signed & Dated Electronic Copy by Official Representative Vero Beach, FL 32967 Enclosed is your copy of the proposed contract/modification between Indian River County and the Florida Division of Emergency Management (FDEM). i If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 359-9349 or email me at Liliana.Hernandez@em.myflorida.com. 157 COMPLETE This form is required to be included with all Reviews, Approvals, an,d.;Submittals Reviewed and Approved Signed & Dated Electronic Copy by Official Representative Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to si , if not Chairman, Ma r, or Chief Attachment I - Federal Funding Accountability and Transparency Act (FFATA) - completed, signed, and dated N/A for Modifications or State Funded Agreements ------------- --- --------- ----------- - - - - Attachment K - Certification Regarding Lobbying - completed, signed, and dated ® N/A for Modifications or State Funded Agreements Attachment L - Contracts with Non -Profit tkganizations - completed, signed, and dated ® N/A for sub -recipients other than N66 -Profits Electronic Submittal to the Grant Specialist Samantha Chaaanis on If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 359-9349 or email me at Liliana.Hernandez@em.myflorida.com. 157 Contract Number: H0566 Project Number: 4283-91-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND INDIAN RIVER COUNTY This Modification Number One is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Indian River County ("the Sub -Recipient") to modify Contract Number H0566, dated June 17, 2021 ("the Agreement"). WHEREAS, the Division and the Sub -Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub -Recipient under the Hazard Mitigation Grant Program of $59,235.75, in Federal Funds; and WHEREAS, the Division and the Sub -Recipient desire to modify the Agreement; and WHEREAS, the Agreement expired on April 6, 2023; and WHEREAS, the Division and the Sub -Recipient desire to reinstate and extend the terms of the Agreement, modify the Scope of Work, and increase the Federal Funding by $282,855.00 under the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin June 17, 2021 and shall end December 31, 2024, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 3. The Agreement is amended to increase the Federal Funding by $282,855.00, for the maximum amount payable under the Agreement to $342,090.75, (Three Hundred Forty -Two Thousand Ninety Dollars and Seventy -Five Cents). 4. The Budget and Scope of Work, Attachment A to this Agreement, is hereby modified as set forth in 1st Revised Attachment A to this modification, a copy of which is attached hereto and incorporated herein by reference. 5. All provisions of the Agreement being modified and any attachments thereto in conflict with Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the last execution of this Modification by both parties. 6. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 7. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative closeout report. The ending dates of each quarter of the program year are March 31, June 30, September 30, and December 31. 158 IN WITNESS WHEREOF, the parties hereto have executed this modification as of the dates set out below. SUB -RECIPIENT: INDIAN RIVER COUNTY By: Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: 159 Attachment A (15' Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to elevate historical property in Vero Beach, Indian River County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR -4283-91-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub -Recipient, Indian River County, agrees to administer and complete the project per the application submitted by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations and Codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to elevate a historic single- family residence, located at 7770 Jungle Trail, Vero Beach, Florida, 32963. Coordinates: (27.73482, - 80.39329) The proposed project shall elevate the structure one foot above the Base Flood Elevation (7' NAVD 88). A new foundation system consisting of concrete pads and piers shall be constructed to support the structure. Any enclosed space at grade level shall have hydrostatic vents and can only be used for storage or parking. The project will mitigate the flooding and losses experienced during storm events. The habitable living areas of the original structure shall be elevated, and the non -habitable areas (if any) shall be converted to storage or parking. The project shall be designed and constructed in compliance with the Florida Building Code, ASCE 24-14 or latest edition, the Federal Flood Risk Management Standards (FFRMS), NFIP standards in 44 CFR, Part 60 and/or local floodplain ordinances or any other applicable local regulations. The project shall provide protection against a 100 -year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. ASKS & DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per conceptual designs and construction plans presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. 160 The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub - Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the installation to provide flood protection. The project shall be implemented in accordance with conceptual designs and construction plans previously presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. The project consists of the general construction and furnishing of all materials, equipment, labor and fees to minimize recurring flooding and reduce repetitive flood loss to structures and roadways. The Sub -Recipient shall fully perform the approved project, as described in the submitted documents, in accordance with the approved scope of work, budget line item, allocation of funds and applicable terms and conditions indicated herein. The Sub -Recipient shall not deviate from the approved project terms and conditions. Construction activities shall be completed by a qualified and licensed Florida contractor. All construction activities shall be monitored by the professional of record. The Sub -Recipient shall complete the project in accordance with all required permits. All work shall be completed in accordance with applicable codes and standards. Upon completion of the work, the Sub -Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county official, or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub - Recipient prior to Sub -Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation for closeout shall include: a) Local Building Official Building Permit. b) A Copy of the Certificate of Occupancy or copy of the Local Building Official Inspection Report and Final Approval, as applicable. 1. Certifying that the structure is code -compliant. c) A Copy of the Elevation Certificate before mitigation, if available. d) A Copy of the Final Elevation Certificate (FEMA Form 81-31), after mitigation — ensuring the structure has been elevated to the proper elevation. e) All Product Specification / Data Sheets (technical standards) satisfying protective requirements on all products utilized. 161 f) Signed notices from the affected property owner in the Special Flood Hazard Area (SFHA) that the Sub -Recipient shall record a Deed Notice applicable to their property, as described in section (h), below, and that they shall maintain flood insurance. g) Verification that the property located within a SFHA is covered by an NFIP flood insurance policy to the amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the particular property, whichever is less. h) Confirmation that the Sub -Recipient (or property owner) has legally recorded with the county or appropriate jurisdiction's land records a notice that includes the name of the current property owner (including book/page reference to record of current title, if readily available), a legal description of the property, and the following notice of flood insurance requirements: "This property has received Federal hazard mitigation assistance. Federal law requires that flood insurance coverage on this property must be maintained during the life of the property regardless of transfer of ownership of such property, pursuant to 42 U.S.C. §5154a, failure to maintain flood insurance on this property may prohibit the owner from receiving Federal disaster assistance with respect to this property in the event of a flood disaster. The property owner is also required to maintain this property in accordance with the floodplain management criteria of 44 CFR 60.3 and City/County Ordinances. " i) Letter verifying if intact archaeological features or deposits or human remains were discovered during project activities and, if so, how they were handled in accordance with Florida Statutes, Section 872.05. j) Letter or documentation verifying all work followed the Secretary of Interior's Standards for Rehabilitation as codified in 36 CFR 67.7. k) Letter or documentation showing the picket foundation screening was placed at the bottom of the house in replica of existing picket. 1) Letter or documentation verifying the new foundation piers mimic the existing with use of concrete/CMU. m) Letter or documentation verifying the front steps mimic the existing concrete steps. n) Letter or documentation verifying the plantings native to the area and reminiscent of those found at historic homesteads were planted at the foundation. o) Letter or documentation verifying unusable equipment, debris, materials, petroleum products, hazardous materials, and toxic waste were handled, managed, and disposed of to the satisfaction of the governing local, state, and federal agencies. p) Letter or documentation verifying if asbestos containing material, lead based pain, and/or other toxic materials were found during constriction activities and, if so, documentation of the removal and disposal. q) Notice of Demolition or Asbestos Renovation forms and disposal documentation if asbestos or asbestos containing material was discovered during construction activities. r) Proof of compliance with Project Conditions and Requirements contained herein. 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, not all project activities may be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. 162 The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses (only applies to disasters prior to August 1, 2017, all others adhere to FEMA Policy #104-11-1 for SRMC): The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third -party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly reports shall be submitted by the Sub -Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub -Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, conceptual designs, and construction plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of elevation of a structure in Vero Beach, Florida, 32963, to include the construction of a new foundation system consisting of concrete pads and piers to support the structure and provide protection to a historic single-family residence. The habitable living areas of the original structure shall be elevated, and the non -habitable areas (if any) shall be converted to storage or parking. The project shall be designed and constructed in compliance with the Florida Building Code, ASCE 24-14 or latest edition, the Federal Flood Risk Management Standards (FFRMS), NFIP standards in 44 CFR, Part 60 and/or local floodplain ordinances or any other applicable local regulations. The project shall provide protection against a 100 -year storm event. Activities shall be completed in 163 strict compliance with Federal, State and Local applicable Rules and Regulations. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub -Recipient shall provide a copy of the Notice of Commencement, and a copy of the Certificate of Occupancy or any local official Inspection Report and/or Final Approval, as applicable. 3) The Sub -Recipient shall provide a copy of the Elevation Certificate prepared before mitigation, if available. 4) The Sub -Recipient shall submit a copy of the Elevation Certificate prepared after mitigation, showing the Base Flood Elevation and the elevation of all components. 5) The Sub -Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) satisfying protect requirements on all products utilized. 6) All installations shall be done in strict compliance with the Florida Building Code or any local codes and ordinances. All materials shall be certified to exceed the wind and impact standards of the current local codes. 7) The Sub -Recipient shall follow all applicable State, Local and Federal Laws, Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. D) Environmental: 1) Sub -Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. . 2) Any change, addition or supplement to the approved Scope of Work that alters the project (including other work not funded by FEMA, but done substantially at the same time), regardless of the budget implications, shall require re -submission of the application to FEMA through the Division for National Environmental Policy Act (NEPA) re-evaluation before starting project work. 3) The Sub -Recipient shall monitor ground -disturbing activities during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. If human remains or intact archaeological features or deposits (e.g., arrowheads, pottery, glass, metal, etc.) are uncovered, work in the vicinity of the discovery shall stop immediately and all reasonable measures to avoid or minimize harm to the finds shall be taken. The Sub -Recipient shall ensure that archaeological discoveries are secured in place, that access to the sensitive area is restricted, and that all reasonable measures are taken to avoid further disturbance of the discoveries. The Sub -Recipient's contractor shall provide immediate notice of such discoveries to the Sub - Recipient. The Sub -Recipient shall notify the Florida Division of Historic Resources, the Division's State Environmental Liaison Officer and FEMA within 24 hours of the discovery. Work in the vicinity of the discovery may not resume until FEMA and the Division have completed consultation with SHPO, Tribes, and other consulting parties as necessary. In the event that unmarked human remains are encountered during permitted activities, all work shall 164 stop immediately, and the proper authorities notified in accordance with Florida Statutes, Section 872.05. 4) All work must follow the Secretary of the Interior's Standards for Rehabilitation as codified in 36 CFR 67.7. 5) Foundation screening via picket shall be placed at the bottom of the house in replica of the existing picket. 6) New foundation piers shall mimic existing with use of concrete/CMU. 7) New front steps shall mimic existing concrete stairs. 8) Appropriate foundation plantings native to the area and reminiscent of those found at historic homesteads (to include hibiscus or other similar shrubs) shall be included . 9) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, the Sub -Recipient shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. 10) If any asbestos containing material, lead based paint, and/or other toxic materials are found during construction activities, the Sub -Recipient must comply with all federal, state and local abatement and disposal requirements. Upon closeout, the applicant must provide Notice of Demolition or Asbestos Renovation forms and confirmation that any asbestos containing materials were taken to an authorized landfill for such materials. 11) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub -Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub -Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 4) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 5) The Sub -Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 7) The Sub -Recipient shall provide Verification of Flood Insurance on the property prior to closeout. 8) Special Conditions required on implementation of project: a) All work must follow the Secretary of the Interior's Standards for Rehabilitation as codified in 36 CFR 67.7. Source of condition: Source of condition: National Historic Preservation Act (NHPA) Monitoring Required: No 165 b) Foundation screening via picket will be placed at the bottom of the house in replica of the existing picket. Source of condition: National Historic Preservation Act (NHPA) Monitoring Required: No c) New foundation piers will mimic existing with use of concrete/CMU. Source of condition: National Historic Preservation Act (NHPA) Monitoring Required: No d) New front steps will mimic existing concrete stairs. Source of condition: National Historic Preservation Act (NHPA) Monitoring Required: No e) Appropriate foundation plantings native to the area and reminiscent of those found at historic homesteads (to include hibiscus or other similar shrubs) will be included. Source of condition: National Historic Preservation Act (NHPA) Monitoring Required: No f) If human remains or intact archaeological features or deposits (e.g. arrowheads, pottery, glass, metal, etc.) are uncovered, work in the vicinity of the discovery will stop immediately and all reasonable measures to avoid or minimize harm to the finds will be taken. The Sub -Recipient will ensure that archaeological discoveries are secured in place, that access to the sensitive area is restricted, and that all reasonable measures are taken to avoid further disturbance of the discoveries. The Sub -Recipient's contractor will provide immediate notice of such discoveries to the Sub -Recipient. The Sub -Recipient shall contact the Florida Division of Historic Resources and FEMA within 24 hours of the discovery. Work in the vicinity of the discovery may not resume until FEMA has completed consultation with SHPO, Tribes, and other consulting parties as necessary. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately, and the proper authorities notified in accordance with Florida Statutes, Section 872.05. Source of condition: National Historic Preservation Act (NHPA) Monitoring Required: No g) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, Sub -Recipient shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. Source of condition: Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Monitoring Required: No h) If any asbestos containing material, lead based paint, and/or other toxic materials are found during construction activities, the Sub -Recipient must comply with all federal, state and local abatement and disposal requirements. Upon closeout, the Sub -Recipient must provide Notice of Demolition or Asbestos Renovation forms and confirmation that any asbestos containing materials were taken to an authorized landfill for such materials. Source of condition: Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Monitoring Required: No This is FEMA project number 4283-91-R. It is funded under HMGP, FEMA -4283 -DR -FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4283. FEMA awarded this project on October 14, 2020; with a Pre -Award date of July 1, 2019; this Agreement was executed on June 17, 2021, and the Period of Performance for this project shall end on December 31, 2024. F) FINANCIAL CONSEQUENCES: If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the 166 following actions, as appropriate in the circumstances; 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. SCHEDULE OF WORK State Contracting: 3 Months Construction Plan/Technical Specifications: 3 Months Bidding / Local Procurement: 4 Months Permitting: 3 Months Construction / Installation: 24 Months Local Inspections / Compliance: 5 Months State Final Inspection / Compliance: 5 Months Closeout Compliance: 3 Months Total Period of Performance: 50 Months BUDGET Line Item Budget* Project Cost Federal Cost Non -Federal Cost Materials: $231,050.00 $173,287.50 $57,762.50 Labor: $195,714.00 $146,785.50 $48,928.50 Fees: $20,657.00 $15,492.75 $5,164.25 **Pre -Award: $8,700.00 $6,525.00 $2,175.00 Initial Agreement Amount: $456,121.00 $342,090.75 $114,030.25 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $456,121.00 $342,090.75 $114,030.25 *Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. **This project has a Pre -Award, approved by FEMA in the amount of $8,700.00 project costs with a start date of July 1, 2019. *** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part Vl, D. 3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. 167 Project Management costs are included for this project in the amount of $0.00. Funding Summary Totals Federal Share: Non -Federal Share: $342,090.75 (75.00%) $114,030.25 (25.00%) Total Project Cost: $456,121.00 (100.00%) 168 F CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: July 31, 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 2023054 — Hosie Shumann Basketball Court Replacement BACKGROUND: On behalf of the Parks and Recreation Division, sealed bids were solicited for the removal of the existing single basketball court at Hosie Shumann Park, located at 1760 39th Street, Vero Beach, with two new basketball courts. The asphalt on the existing court is cracked and uneven, and cannot be repaired. An invitation to bid was released on May 11, 2023, with a due date of June 8, 2023; however, no bids were received. A new bid number was assigned, and bids reissued, with two responses received. ANALYSIS• Advertising Date: Bid Opening Date: Solicitation Broadcast to: Bid Documents Requested by: Replies: June 16, 2023 July 12, 2023 537 Subscribers 13 Firms 2 Firms a Sport Surfaces, LLC West Palm Beach $63,500 A. Thomas Construction, Inc. Fort Pierce $68, oo Sport Surfaces, LLC is considered to be the lowest, responsive, responsible bidder. This contractor has recently completed resurfacing projects at Wabasso and Dick Bird Parks. FUNDING• Expenses, in the amount of $63,500, for this project are available in the Optional Sales Tax/Parks/Other Improvements Except Buildings/Hosie Shumann Park Improvements account, number 31521072-o6639o-18o11. Account Name Account Number Amount Optional Sales Tax/Parks/Other Improvements 31521072 -o66390 -18o11 $63,500 Except Buildings/Hosie Shumann Park Improvements 169 CONSENT RECOMMENDATION: Staff recommends the Board award Bid 2023054 to Sport Surfaces, LLC, 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 the contractor has reactivated its registration with the Building Division. ATTACHMENT Agreement 170 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 Sport Surfaces, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Hosie Shumann Park Basketball Court Replacement ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Hosie Shumann Park Basketball Court Replacement Bid Number: 2023054 Project Address: 1760 39th Street, Vero Beach, FL 32960 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. Substantial completion will be 40 days after the date when the Contract Times commence to run. The Work will be completed and ready for final payment on or before the 90th. Contract times commence upon issue of Notice to Proceed. 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 $278 for each calendar day that expires after the time specified in paragraph 3.02 for 171 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 4.01.6, 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: $63,500 Written Amount: Sixty-three thousand, five hundred 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 orfurnished 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: 172 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 proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; 173 (2) Notice to Proceed; (3) Certificate(s) of Liability Insurance; (4) Invitation to Bid 2023054; (5) Addendum 1; (6) CONTRACTOR'S Bid Form; (7) Bid Bond; (8) Qualifications Questionnaire; (9) Drug Free Workplace Form; (10)Affidavit of Compliance; (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. 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. 174 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: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 175 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 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. 176 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. 177 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 August 15, 2023 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Joseph H. Earman, Chairman (Contractor) By: (CORPORATE SEAL) John H. Titkanich, Jr., County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: William K. Debraal, County Attorney Address for giving notices: Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Brad Dewson, Parks Superintendent 5500 77`h Street, Vero Beach, FL 32967 (772) 226-1883 bdweson@ircgov.com License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 178 qN INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager DATE: July 27, 2023 SUBJECT: Waiver of Requirement for Bids for Vac -Con Hydro -Excavator Truck BACKGROUND AND DISCUSSION: The Department of Utility Services needs to replace a 20o8 model year Hydro -Excavator truck, and obtained a quote from Vac -Con, based on a Sourcewell governmental cooperative agreement. When Purchasing staff was verifying the quote against the contract, it was noted the model of chassis listed on the quote, Freightliner, is not on the contract, and after discussion with the dealer, learned the chassis that are on the contract are not available. The unit price of the chassis itself is $124,900, which exceeds both the bid threshold, and the County Administrator's approval threshold. Staff therefore would like to request the Board waive the requirement for bids for the non -contract chassis. All other equipment and options listed on the quote are on contract. Staff has requested an updated quote with a valid expiration date. FUNDING The purchase of the truck was anticipated in the 22/23 budget, as a replacement for Fleet #403, which entered service in September of 2007. Funding in the amount of $574,958 is available in the Utilities Fund, Utilities/Vehicles account (471-166001): RECOMMENDATION Staff recommends the Board waive the requirement for bids and authorize the Purchasing Division to issue a purchase order in the amount of $574,958 to Vac -Con. ATTACHMENTS: Vac -Con Quote 179 t `41,�dk Utilities/Utilities/Vehicles 1-166001 $574,958 RECOMMENDATION Staff recommends the Board waive the requirement for bids and authorize the Purchasing Division to issue a purchase order in the amount of $574,958 to Vac -Con. ATTACHMENTS: Vac -Con Quote 179 C) 00 1-1 z 0 0 + O �D M 6R 0 0 C O N 69 0 0 [� Qs 0 0 C b9 0 0 N M .- vi ,-r es 0 0 O 69 0 0 O 69 0 0 C 6's 0 0 C 69 0 0 C 69 0 o [-� 00 O 00 64 0 O �6 (D M 110 69 0 0 C !t ri 605 0 o M N O N 69 0 O 06 In O M 6R 0 o vi C� 00 N 69 0 0 O� --� 69 !1 .b 3 0 o. do 0 -d s� o U b 0 0 u u ° A o b a J: ° a N c N A b W c 0 ;fir' c�a o >' y °o. �+ to -41 O N Be Ja > O Y � V c en �••I ° o O N by b 4 O `� �. r.0 ani �d N a O ° N y 0 cd U Ef .L O 0 chi 0 A C) 00 1-1 z CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: July 26, 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: Second Amendment to Supplemental Building Inspector Services Agreement with M.T. Causley, LLC BACKGROUND: On September 19, 2017, the Board waived the requirement for bids and approved an agreement with M.T. Causley, LLC ("M.T. Causley") for supplemental building inspector services. Since 2014, the need for qualified inspectors has led the County, like many other agencies, to hire consultants to help complete an increasing volume of building inspections. Other firms are utilized for these services, but M.T. Causley has been providing the most consistent staff and service. DISCUSSION• The term of the original agreement was one year. On August 14, 2018, the Board approved a two-year renewal to the agreement, which noted the rates could be raised in accordance with the Consumer Price Index ("CPI") after the first year, with a cap to the increase of 5%. No increase was requested for that second year of the renewal term. The first amendment to the agreement was approved by the Board on August 18, 2020, which included an increase to hourly rates, and extended the term another year. On September 21, 2021, the Board approved an extension to the agreement through September 1, 2023. No change to rates was requested by M.T. Causley. The consultant has now requested a modification to the rates of the agreement. Staff feels the new rates to be justified, as the consultant has held its current rates for nearly three years without requesting an increase, during times when annual increases to the CPI were as high as 9.8%. Further, staff and the consultant have agreed to replace the CPI clause in the agreement with an annual negotiation clause. 182 CONSENT AGENDA A comparative table of hourly rates (rounded to the nearest dollar) for the current agreement appears below. The Building Division primarily utilizes the inspector category of services, but pricing for other categories has been established, in case of need. Under the agreement, M.T. Causley is responsible for providing vehicles and all expenses related to the vehicles, as well as all employment and benefit costs. Renewal Year (September) 2017 2018 2019 2020 2021 2022 2023 Plans Examiner (Day to Da) $71 $88 $88 $88 $88 $88 $110 Inspector (Day to Da) $71 $88 $88 $88 $88 $88 $110 A E $139 $150 $150 $150 $150 $150 $150 Permit Clerks $41 $43 $43 $43 $43 $43 $75 Plans/Inspectors (time of disaster) $73 $90 $90 $90 $90 $90 $110 These new rates are estimated to increase the annual cost of these services by approximately 25%. Services in the amount of $341,550 were provided by M.T. Causley in the previous 12 -month period. Estimated costs for the next 12 months with the new rates are approximately $426,938. Funds for the services come from the Building Division/Contracted Labor Services Account, 44i23324-033470• Description Account Number Available (Current FI) County Building/Building Department/ Contracted 44123324-033470 $122,600 Labor Services RECOMMENDATION: Staff recommends the Board approve the second amendment to the agreement with M.T. Causley, authorize the Chairman to execute it, after review and approval by the County Attorney as to form and legal sufficiency, and authorize the Purchasing Manager to execute any annual renewals that do not include a change to terms or rates. Attachment: Second Amendment 183 SECOND AMENDMENT SUPPLEMENTAL BUILDING DEPARTMENT SERVICES AGREEMENT BETWEEN INDIAN RIVER COUNTY AND M.T. CAUSLEY, LLC - A SAFEBUILT COMPANY Second Amendment to the Supplemental Building Department Services Agreement effective September 2, 2017 between Indian River County (hereinafter referred to as "County") and M.T. Causley, LLC—A SAFEbuilt Company (hereinafter referred to as "Consultant"). The County and Consultant shall be jointly referred to as the "Parties". This Amendment shall be effective on the latest date fully executed by both Parties. RECITALS AND REPRESENTATIONS WHEREAS, the County and Consultant entered into an Agreement for Supplemental Building Department Services (Agreement), by which both Parties established the terms and conditions for service delivery for the period of September 2, 2017 through September 1, 2018; and WHEREAS, on August 14, 2018, Municipality and Consultant instituted Renewal for Contract Services to extend the term of the Agreement through September 1, 2020; and WHEREAS, pursuant to the Renewal for Contract Services, Consultant has the right to increase hourly rates after on year of the renewal date based on the Consumer Price Index, not to exceed 5% percent; and WHEREAS, on August 18, 2020 the Parties executed Amendment One; and WHEREAS, the Parties hereto now desire to amend the Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contains, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the Parties agree as follows: 1. The above recitals are acknowledged as true and correct and are incorporated herein. 2. Services will be compensated based on the Revised Rate Sheet — Exhibit A. 3. Section "Staff" is hereby modified to include the following language: During the term of this agreement, and for a period of one year after termination of this agreement, the County shall not negotiate with or hire any individual who is employed with Consultant at the termination of this agreement. The County shall not negotiate with or hire any individual who was employed by Consultant during the term of this agreement for at least one year after termination of their employment with Consultant. In the event that County hires any such employee during the specified period, County shall pay to 184 Consultant a placement fee equal to 100% of the employee's annual salary including bonus and training cost. 4. The following term is added: Consultant is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Consultant is also responsible for obtaining an affidavit from all subcontractors under this agreement, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. 5. Item 3 in the renewal of Contract for Services is replaced in its entirety with the following: The Parties may negotiate a modification to the rate sheet, upon written_ request delivered to the other party no fewer than 90 days prior to the end of the current term of the agreement, and subsequently further amend the agreement by mutual execution. 6. All other conditions and terms of the original Agreement, Renewal for Contract Services and Amendment 1 not specifically amended herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed effective the day and year first set forth above. M.T. Causley, LLC. By: Printed name: _ Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: Joseph H. Earman, Chairman Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, County Attorney 185 Exhibit A Revised Rate Sheet for Services HOURLY RAT E*STANDARD Plan Examiners (on an as -needed, on-call basis, excluding natural disaster events) $110.00 per hour Inspectors (on an as -needed, on-call basis, excluding natural $110.00 per hour disaster events) Architect and Engineer Services $150.00 per hour Permit Clerks $75.00 per hour Additional Plan Examiners and Inspectors required to $110.00 per hour plus expenses i.e., lodging, travel, provide conduct damage assessment services and meals** *Services requested for Saturdays and beyond business hours, Monday through Friday will be invoiced at one and half (1.5) times the standard hourly rate, with a four (4) hour minimum Services requested for US Federal Recognized Holidays and Sundays will be provided a two (2) times the standard hourly rate, with a four (4) hour minimum **Consultant reserves the right to negotiate lodging expenses with the County in the event staff is required to relocate. Travel time will be invoiced to the County for all staff traveling more than one (1) hour each way. 186 or CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 22, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John Titkanich, Jr., County Administrator Kristin Daniels, Budget Director PREPARED BY: Shelby Ball, Purchasing Specialist SUBJECT: Second Extension and Amendment to Agreement for Annual Beach Parks Mowing and Grounds Maintenance (Bid #2020036) BACKGROUND: The Board of County Commissioners awarded bid 2020036 to J -Mac Cleaning Services, Inc. on August 18, 2020, for Annual Beach Parks Mowing and Grounds Maintenance. On August 16, 2022, the first extension and amendment to the J -Mac agreement was approved by the Board. DISCUSSION: The first extension term of this agreement will end on August 31, 2023. Staff requested an extension to the agreement for the final one-year renewal period. The annual cost is $67,100 per year, or $5,591.67 per month. The agreement also requires amendment to incorporate changes to federal contract terms that would be required in the event the agreement is utilized following a disaster, or other federally - funded grant work. No change in price is being proposed. SOURCE OF FUNDS: Funds, in the total amount of $67,100, will come from the General Fund/Parks/Other Professional Services account, number 00121072-033190, with $5,591.67 occurring during Fiscal Year 2022/2023 and the remaining $61,508.33 occurring during Fiscal Year 2023/2024. Account Description Account Number FY 22/23 FY 23/24 Total Amount Amount General Fund/Parks/Other Professional Services 00121072-033190 $5,591.67 $61,508.33 $67,100 RECOMMENDATION: Staff recommends the Board approve the second extension and amendment to the agreement with J -Mac Cleaning Services, Inc., and authorize the Chairman to execute it after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENTS: Second Extension and Amendment 187 12 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: August 9, 2023 Subject: Miscellaneous Budget Amendment 07 Description and Conditions: 1. On November 1, 2022, the Board of County Commissioners approved the FDOT Small County Outreach (SCOP) Grant for Resurfacing 69th Street from 66th Avenue to US1. The grant in the amount of $1,128,607 was partially funded for FY 2022/23 for $385,456. Exhibit "A" appropriates the balance of the grant ($743,151) in the revenue and expense accounts for the project. 2. On June 6, 2023, the Board of County Commissioners approved utilizing opioid settlement funds on assessment, treatment, testing and wrap around services, such as housing and transportation as part of the alternative court programs. Exhibit "A" appropriates $141,171 to the revenue and expense accounts in the Opioid Fund. 3. Sandridge Golf Course revenues have exceeded the originally budgeted estimates for the current fiscal year. Exhibit "A" appropriates $230,000 in revenue and expense accounts. 4. On July 11, 2023, the Board of County Commissioners approved the FWC grant for Indian River County's derelict vessel removal project. Exhibit "A" appropriates $31,295 in revenue and expense accounts 5. On June 6, 2023, the Board of County Commissioners approved the State Highway System Project Funding Agreement with the FDOT to fund maintenance of the FDOT traffic signals within Indian River County. Exhibit "A" appropriates the $225,000 funding in revenue and expense accounts. 6. On June 20, 2023, the Board of County Commissioners approved the Sheriff's Office request of $215,034 to purchase equipment and support agencies from the Law Enforcement Trust Fund. Exhibit "A" appropriates funding to the appropriate revenue and expense accounts. 7. Section 8 Housing has issued additional emergency housing vouchers. Exhibit "A" appropriates an additional $61,451 in vouchers and $60,000 in administrative fees to the necessary revenue and expense accounts. 8. An adjusting payment of $36,075 was made to the Sebastian Community Redevelopment Area (CRA). Exhibit "A" appropriates funds from General Fund/Reserve for Contingency. 188 Board of County Commissioners Page 2 of 2 August 9, 2023 9. Route 60 Hyundai and The Chiarenza Agency have generously committed to donate $2,000 per month, beginning July 2023 through June 2024, towards recreation expenses. Exhibit "A" appropriates $6,000 for the current fiscal year. 10. On November 22, 2022, the Board of County Commissioners approved the hiring of two (2) additional full-time Administrative Commissioner Assistants. Exhibit "A" appropriates $102,593 from General Fund/Reserve for Contingency. 11. Habitat for Humanity is developing the former Gifford Gardens property and will take ownership once the contract is complete. In September 2020, the Board of County Commissioners approved paying two years of service availability charges to Indian River County Department of Utilities to keep the charges from accruing. The two years has now passed and it has become necessary to fund a third year of these charges. The cost of the utility service availability charges for fiscal year 2022-2023 is $7,532.55. Exhibit "A" appropriates this funding from General Fund/Reserve for Contingency. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2022-23 budget. 189 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 as I:yj APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 190 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 07 1 of 2 191 Type Fund/ Department/Account Name Account Number Increase Decrease Revenue Traffic Impact Fees 2020/DOT SCOP 104033-334400-19003 $743,151 $0 Grant/69th St- 66th to US 1 Expense Traffic Impact Fees 2020/69th St 10415141-066510-19003 $743,151 $0 Reclamation/66th to US Opioid Fund/Opioid Settlement 147038-369350 $139,604 $0 Revenue 2. Opioid Fund/Interest Income 147037-361100 $1,567 $0 Expense Opioid Fund/County Court/Drug Court 14790234-088940 $141,171 $0 Sandridge/9 Hole Non -Card Fee 418034-347234 $40,000 $0 Sandridge/9 Hole Card Fee 418034-347236 $40,000 $0 Revenue Sandridge/18 Hole Cart Fee 418034-347237 $75,000 $0 3. Sandridge/Range Fees 418034-347242 $75,000 $0 Sandridge/Admin/Clubhouse/Pro Shop 41823672-035630 $100,000 $0 Expense Sandridge/Admin/Clubhouse/Credit Card Fees 41823672-035680 $100,000 $0 Sandridge/Admin/Clubhouse/Depreciation 41823672-036610 $30,000 $0 Revenue FL Boating Fund/Derelict Vessel Removal 133033-334700 $31,295 $0 4. Grant Expense FL Boating Fund/Other Contractual Services 13321072-033490 $31,295 $0 Revenue Optional Sales Tax/FDOT JPA/Traffic Camera 315038-369900-21015 $225,000 $0 5. Replacement Program Expense Optional Sales Tax/R&B/Traffic Replacement 31521441-066510-21015 $225,000 $0 Program Special Law Enforcement Fund/Add't Court - 112034 -348931 $54,292 $0 Crime Prevention Revenue Special Law Enforcement Fund/Confiscated 112035-358220 $155,040 $0 6. Property Special Law Enforcement Fund/Interest Income 112037-361100 $5,702 $0 Expense Special Law Enforcement Fund/Sheriff-Law 11260086-099040 $215,034 $0 Enforcement Section 8 Housing/HUD Emergency Housing 108033-331670-21108 $61,451 $0 Revenue Vouchers Section 8 Housing/HUD Grant -Admin Fee 108033-331671 $60,000 $0 7. Section 8 Housing/Rental Assistance Payments 10822264-036730-21108 $61,451 $0 Expense EHV Section 8 Housing/Rental Assistance/Other 10822264-033190 $60,000 $0 Professional Services General Fund/Sebastian CRA 00113719-088220 $36,075 $0 8. Expense General Fund/Reserve for Contingency 00119981-099910 $0 $36,075 1 of 2 191 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 07 202 192 Type Fund/ Department/Account Name Account Number Increase Decrease 9. Revenue MSTU Fund/Sponsorship-Recreation 004038-366104 $6,000 $0 Expense MSTU Fund/Recreation/Special Events/RT 60 Hyundai donation 00410872-041110-23044 $6,000 $0 General Fund/BCC/Salaries 00110111-011120 $50,000 $0 General Fund/BCC/Social Security 00110111-012110 $3,100 $0 10. Expense General Fund/BCC/Retirement 00110111-012120 $37,263 $0 General Fund/BCC/Insurance 00110111-012130 $11,505 $0 General Fund/BCC/Medicare 00110111-012170 $725 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $102,593 11. Expense General Fund/Water Distribution/Water & Sewer Service -Gifford Gardens 00126936-034320-20022 $7,533 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $7,533 202 192 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: July 28, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John Titkanich, Jr., County Administrator Kristin Daniels, Budget Director PREPARED BY: Shelby Ball, Purchasing Specialist SUBJECT: Designation of Excess Equipment as Surplus and Authorization for Disposal and Donation BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. Items will be sold via online auction as previously authorized by the Board, and funds received from the sale of these items will be returned to the appropriate accounts. Additionally, the School District of Indian River County is interested in accepting donation of the following surplus items that were left at the Dasie Hope Center: (45) Molded Plastic Chairs - Burgundy (18) Molded Plastic Chairs - Green (18) Student Desks (1) Commercial Mixer FUNDING: There is no cost to the County associated with these requests. RECOMMENDATION: Staff recommends the Board declare the items on the Excess List for 081523 Agenda as surplus, and authorize their disposal, and authorize the donation of the items listed above to the School District. ATTACHMENT: Excess List for 081523 193 Excess List for 081523 Dept# Asset Fleet Description VIN/Serial Working y/n 106 24735 292 2008 Ford Escape 1FMCU0278SKE74125 N 106 25134 225 2010 Ford Escape 1FMCU02779KC24701 N 106 28436 Spacesave Static Shelving File System Y 106 (1) Wood TV Console with Glass Doors y 106 (1) Display Case Y 107 28847 Baird 4 Ton A/C Unit N 107 28848 Baird 4 Ton A/C Unit N 120 23112 ML -32 Spreader N11391 Y 120 24839 Jaws 28" Spreader Unti FD1006 y 120 24840 Jaws 28" Spreader Unti Y 120 25441 X -Tractor 11 Cutter 264992 Y 120 25443 X -Tractor 11 Cutter 15503 Y 120 25562 HT-257RIS4T41 Telescopic Ram N 120 26141 Hurst Power Head 231814-01 Y 120 80750 Hurst Power Unit N 120 99020 Hurst Spreader (1988) N 120 129030 JL -308 Ram Rescue Tool 606178 Y 120 129050 Hurst Spreader (1991) 580438 N 120 160390 20" Ram 823088 y 120 160430 60" Ram 83908 N 120 165870 Hurst 30" Ram 92817 y 133 23006 511 2006 Jeep Liberty 1J8GK48k76w209837 y 161 (7) Rugged Gear 2 Gun Shooting Carts Y 162 25330 Icarian Rear Delt Fly y 162 25395 Ford Tractor w/ Front End Loader & Box Y 162 25400 Ford 2810 Tractor Y 162 27450 2011 Carryall I Truckster Golf Cart 179599 N 162 30591 Manitowaoc Quiet Cube Ice Maker, Maker only, no bin N 204 Dell 22" Monitor y 208 29281 Dell Optiplex 5050MT C49YFK2 N 221 196470 2001 John Deere Model 5320 LV5320C130014 N 221 210410 2003 Toro 5020 Sandpro, Model 08886 220000126 N 221 1667310 1998 John Deere 5300 2W Tractor LV5300E632566 N 222 2101301 627 2002 Dodge Caravan 1B4GP243928693200 Y 241 27619 Dell U3014T LCD Flat Panel Monitor 15WGNY1 N 241 28392 Dell Optiplex 7020 DlTQ382 N 245 21018 162 2003 Ford F550 Flatbed 1FDAF56F23EA44421 Y 245 30441 Dell Rugged Laptop FCT5TG2 N 245 30442 Dell Latitude Rugged 5414 Laptop N 269 27043 238 2010 Ford F150 XL 1FTMF1CM6DFC28754 Y 26928258 1037 2015 Ford F150 XL 1FTMF1C83GFA31354 Y 300 184520 Icanon Scanner 400 Microfilm Machine AB301313 N 194 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET RISK MANAGEMENT TO: Board of County Commissioners THROUGH: John A. Titkanich Jr., County Administrator Kristin Daniels, Director, Office of Management & Budget FROM: Cynthia Stanton, Risk Manager DATE: August 15, 2023 SUBJECT: Amendment of Administrative Policy AM 1000.1 BACKGROUND: Administrative Policy AM 1000.1 of the Indian River County Administrative Policy addresses the claim settlement authority of the Risk Manager, County Administrator and the Liability Claims Committee for various claims against the County. Under the current policy, all claims up to $10,000 may be settled by the Risk Manager. The Liability Claims Committee has the authority to settle tort claims between $10,000 and $50,000. Additionally, tort claims over $50,000 must be approved by the Board. The County Administrator has the authority to settle non -tort claims up to $50,000 and non -tort claims over $50,000 must be approved by the Board. The Administrative Policy AM 1000.1 was established in 1990 and has not been reviewed or revised to consider the increased cost of litigation, medical expenses and economic damages that increase the overall value of claims brought against the County. Staff recommends increasing the Risk Manager's authority from $10,000 to $35,000 for tort and non - tort claims to correspond with the current purchasing authority of the Purchasing Manager. Staff also recommends increasing the Liability Claims Committee authority for tort claims and the County Administrator's authority for non -tort claims from $50,000 to $75,000 which corresponds with the County Administrator's current purchasing authority. FUNDING: There are no costs associated with this agenda item. RECOMMENDATION: Approve the proposed revisions to the Administrative Policy AM 1000.1 and authorize the County Administrator to sign the same for incorporation into the County Administrative Policy Manual. ATTACHMENTS: Proposed revisions to the Administrative Policy Manual AM 1000.1 195 ER �, U ADMINISTRATIVE < POLICY t n MANUAL �ORIO�' SECTION I NUMBER RISK MANAGEMENT AM 1000.1 SUBJECT MANAGEMENT POLICY STATEMENT DATE EFFECTIVE 03-06-90 Updated 10-17-13 PAGE 170F26 209 Claims authority of Risk Manager. a. Prior to offering a settlement or making a payment concerning a tort claim, the Risk Manager shall refer to the Liability Claims Committee any claims against the public liability program which exceed the thir -five teff thousand dollars authority of the Risk Manager to settle and pay. The Risk Manager shall, as a part of the referral, provide the Committee with a written synopsis of the pertinent facts and a specific recommendation with respect to the settlement of the claim. 210 Claims authority of County Administrator. a. Subject to a maximum authorization of seventy-five € #y thousand dollars for each occurrence for damages for personal injury, property damage, advertising injury and public official's injury combined, the County Administrator shall have the authority to pay in settlement, without the need for prior approval, claims of a single claimant covered by the public liability program up to a total of seventy-five fifty thousand dollars for each claimant for damages as the result of personal injury, property damage, advertising injury and public official's injury combined. With respect to those claims covered by the public liability program for which the County Administrator has the authority to pay and settle without prior approval, the County Administrator shall have the authority to accept or give releases on behalf of the protected parties involved. b. The County Administrator shall have exclusive authority to settle non -tort claims within the specified settlement authorization and such settlement decisions shall not be subject to appeal to the Liability Claims Committee or the Board-. 211 Liability Claims Committee. a. The Liability Claims Committee shall have five voting members. Four of the members shall be permanent voting members who shall have the authority to vote on all claims referred to the Committee. The fifth voting member shall be a temporary member whose membership and voting rights shall be limited to specific claims. The Administrator, the Risk Manager, the County Attorney, and the Director of Management & Budget shall be permanent voting members. The first voting member shall be a representative of the participant against whom the claim is being asserted. If the participant against whom the claim is being asserted is the County, the fifth voting member shall be the director of the County department out of whose activities the claim arose. If the director of the department out of whose activities the claim arose is personally, involved in the claim, the Director of Finance shall be the fifth voting member. P..wt kiwk ie o', Halting o2s*. sones Atte: Al at NVEgC ADMINISTRATIVE x i POLICY R MANUAL �OR►9q' SECTION NUMBER RISK MANAGEMENT AM 1000.1 SUBJECT MANAGEMENT POLICY STATEMENT DATE EFFECTIVE 03-0690 Updated 10-07-13 PAGE, 19 OF 26 d. Written notice of meetings of the Liability Claims Committee shall be given to all members by mail or other form of communication as soon as practicable prior to the meeting. In addition to the permanent members, the notice shall be given to the representatives of participants who have an apparent direct and substantial interest in any of the matters likely to come before the Committee at the meeting. Each participant shall designate the person to whom the notice shall be directed. e. The Liability Claims Committee shall have exclusive authority to settle tort claims within its specified settlement authorization of seven , -five €may thousand dollars and such settlement decisions shall not be subject to appeal to the Board. 212 Claims authority of Board. a. Subject to a maximum authorization of the lesser of (I) the monetary limits of s. 768.28, Florida Statutes, or amendments thereto (if applicable to the specific claim), or (2) the maximum limits of coverage of the public liability program, the Board shall have authority, applicable to claims referred to the Board by the Liability Claims Committee concerning tort cases, or by the Risk Manager in all other cases, to direct the Risk Manager to pay in settlement claims covered by the public liability program. With respect to those claims covered by the public liability program which the Risk Manager has been directed to pay in settlement, the Risk Manager shall have the authority to accept or give releases on behalf of the protected parties involved. b. The Risk Manager shall on behalf of the Liability Claims Committee present to the Board for its consideration the pertinent facts of each referred claim and the specific recommendation of the Risk Manager or the specific recommendation of the Committee with regard to tort claims. c. The Board shall review and vote on any claims referred by the Risk Manager or the Liability Claims Committee in accordance with current rules governing the operation of the Board. 213 Availability of insurance. a. If collectible insurance is available to a protected party (including as an additional insured under the policy carried by others), except with respect to the deductible, if any, applicable Iraeeeleet Spiao Aftr: :0 pt !.. . 'A. F - -- , SosoeAlter. aof .. . .. i 1,; 197 i DYER UG O � ADMINISTRATIVE e POLICY MANUAL �LORlA4' SECTION NUMBER DATE EFFECTIVE RISK MANAGEMENT I AM 1000.1 103-06-90 SUBJECT I PAGE MANAGEMENT POLICY STATEMENT 24 OF 26 308 Claims authority of Risk Manager. a. Subject to a maximum authorization of tbirly-five t en thousand dollars in the aggregate for each accident for compensation and other benefits required of the protected party by a workers' compensation law and damages because of bodily injury by accident or bodily injury by disease, the Risk Manager shall have the authority to pay in settlement without the need for prior approval, claims of a claimant covered by the employee liability program up to a total ofht xrty Byg tee thousand dollars in the aggregate for each claimant for all compensation, benefits or damages combined. Subject to the maximum limits of coverage of the employee liability program, the Risk Manager shall also have the authority to pay and settle without prior approval, claims covered by the employee liability program when directed to do so by order of a deputy commissioner . pursuant to the Florida Workers' Compensation Act by a court of competent jurisdiction, by act of the State Legislature or by action of the Board. With respect to those claims covered by the employee liability program for which the Risk Manager has the authority to pay and settle without prior approval and those claims of the employee liability program for which the Risk Manager has been given necessary prior approval or direction to pay and settle, the Risk Manager shall have the authority to accept or give releases on behalf of the protected parties involved. b. Prior to offering a settlement or making payment in the aggregate of amounts in excess of the maximums for which the Risk Manager is authorized without the need for prior approval, the Risk Manager shall refer any claims of the employee liability program which exceed the authority of the Risk Manager to settle and pay to the Administrator. The Risk Manager shall, as a part of the referral, provide the Administrator with a written synopsis of the pertinent facts and a specific recommendation with respect to the settlement or payment of additional amount on the claim. c. The Risk Manager shall, if practicable, prior to offering a setdement to a claimant advise a participant or department of the terms and conditions of the proposed settlement with respect to a specific claim aboutwhich the participant or department has expressed in writing a desire to be advised prior to the offering of settlement The Risk Manager shall also, ifpracticable, prior to the offering of settlement to a claimant advise a participant or department of the terms and conditions of the proposed settlement with respectto a claim arising out ofan accident from which the total pure loss incurred by the participant or department is likely to exceed i -fiv tea thousand dollars. These agreements to advise a participant or department shall not be construed as a relinquishment of the right of the Risk Manager or the employee liability program to control and settle claims covered by the employee liability program d. The Risk Manager shall have exclusive authority to settle claims within the specified settlement authorization and such settlement decisions shall not be subject to appeal to the Compensation Claims Committee or the Board. G� ADMINISTRATIVE SECTION NUMBER DATE EFFECTIVE T K POLICY RISK MANAGEMENT AM 1000.1 03-06-90 * MANUAL Updated 10-07-13 �OR19Q' SUBJECT PAGE MANAGEMENT POLICY STATEMENT 25 OF 26 309 Claims authority of County Administrator. a. Subject to a maximum authorization of seventy-five &V thousand dollars in the aggregate for each accident for compensation and other benefits required of the protected party by a workers' compensation law and damages because of bodily injury by ;? accident or bodily injury by disease, the County Administrator shall have the authority to pay in settlement, without the need for prior approval, claims of a claimant covered by the employee liability program up to a total of seventy-five 44y thousand dollars in the aggregate for each claimant for all compensation, benefits or damages combined. With respect to those claims covered by the employee liability program for which the County Administrator has the authority to pay and settle without prior approval and those claims of the employee liability program for which the County Administrator has been given necessary prior approval or direction to pay and settle the County Administrator shall have the authority to accept or give releases on behalf of the protected parties involved. b. The County Administrator shall have exclusive authority to settle claims within the specified settlement authorization and such settlement decisions shall not be subject to appeal to the Board. 310 Claims authority of Board. a. Subject to a maximum authorization of the lesser of (1) the monetary limits of s. 768.28, Florida Statutes, or amendments thereto (if applicable to the specific claim), or (2) the maximum limits of coverage of the employee liability program, the Board shall have authority, applicable to claims referred to the Board by the Risk Manager, to direct the Risk Manager to pay in settlement claims covered by the employee liability program. With respect to those claims covered by the employee liability program which the Risk Manager has been directed to pay in settlement, the Risk Manager shall have the authority to accept or give releases on behalf of the protected parties involved. b. The Risk Manager shall present to the Board for its consideration the pertinent facts of each referred claim and a specific recommendation regarding such claims. c. The Board shall review and vote on any claims referred by the Risk Manager in accordance with current rules governing the operation of the Board. INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: July 28, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Rejection of Bid 2023030 for Upper Floridian Aquifer South Well No. 1 Replacement BACKGROUND: On behalf of the Department of Utility Services, sealed bids were solicited for the replacement of the Upper Floridian Aquifer production well, S -1R, to be located at the South County (Oslo) Water Treatment Plant. Base bids were solicited for the construction of the well to a depth of approximately 835 feet below surface, and an additive alternate option to complete exploratory borehole drilling and testing to 1,500 feet below surface. BID RESULTS: Advertising Date: May 15, 2023 Bid Opening Date: June 23, 2023 DemandStar Broadcast to: 115 Subscribers Bid Documents Requested by: 15 Firms Replies: 2 Firms Bidder Location Base Bid Alternate Layne Christensen Company Fort Myers $1,798,719.67 $524,947.56 All Webbs Enterprises, Inc. Jupiter $2,007,000.00 $566,750.00 nicri iccinm- The Department's design consultant, Kimley-Horn and Associates, Inc. ("KHA"), reviewed the bids, which were approximately 50% higher than the opinion of probable cost, which included a 25% contingency. KHA suggests the higher costs may be caused by the compressed timeline in the contract to avoid conflict with Scrub Jay mating season (March through June), and overall saturation of ongoing construction work leading to limited availability. KHA has recommended, and the Department concurs, the bids be rejected and re -advertised in the fall. This will facilitate an award after the beginning of the year, and afford the contractor sufficient time to prepare for 200 commencement of work on July 1, 2024. This is anticipated to result in more response, and potentially lower bid prices. If the bids are rejected, Section 119.071(1)(b)3, Florida Statute, enables staff and its consultant to hold the unit prices submitted by both bidders exempt from public record. This ensures the two responsive bidders are not negatively impacted by the rejection, and does not give advantage to any current or prospective bidder. FUNDING: The cost to re -advertise the project in the newspaper is approximately $214, and will come from the Utilities/Work in Progress/South WTP Well S1 account, number 471-169000-22503. Utilities/ Work in Progress/ South WTP Well S1 471-169000-22Sd $214 RECOMMENDATION: Staff recommends the Board reject the responses to Bid 2023030, and authorize staff to re - advertise the work, as described. 201 �tt CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 7, 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: On July 11, 2023, the Board waived the requirement for Bids and authorized the purchase of a demo Rescue Unit from South Florida Emergency Vehicles ("SFEV"), with an estimated 16 -month time to delivery. Another demo unit is becoming available from the same vendor. Delivery is anticipated by May of 2024. Eight other units, purchased from vendor ETR under the Florida Sheriffs Association contract are in various stages of production, with unknown delivery estimates. DISCUSSION: The additional demo unit will match our existing unit configuration, and be on a Ford F550 chassis, as are our other units. Ford has developed allocations for municipalities, with our annual allocation for ambulance chassis set at two. This purchase will not count against our allocation. The quoted price for this unit is $413,428• Sutphen Fire Trucks are purchased by the County through SFEV under a Florida Sheriffs Association contract. SFEV does not currently have a contract vehicle to sell ambulances, therefore staff requests the Board waive the requirement for bids to facilitate this purchase. FUNDING• Funding will come from the Public Emergency Medical Transportation ("PEMT") program, through the Florida Agency for Health Care Administration. This program is in place to deflect the low reimbursement levels received by municipalities for the transport of Medicaid patients. Funds are available in the Emergency Services District Fund/Fire Rescue/ Automotive/PEMT Program Purchase Account, number 11412022-066420-20023. 202 CONSENT AGENDA Description GL Available Emergency Services District 11412022-o66420-20023 $413428 /Fire Rescue/Automotive/PEMT Program Purchase 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. Attachment: SFEV Quote dated August 8, 2023 203 SOUTH FLORIDA EMERGENCY VEHICLES Chief Sean Gibbons Indian River County Fire Rescue 4225 43rd Avenue Vero Beach, FL 32967 Driven to be the best 1906 DATE 8/8/2023 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 i 1 PL Custom Classic Type I Ambulance (SFEV DEMO 4480) built on a 2023 Ford F550 XLT 4x4 $413,428.00** Regular Cab Diesel chassis w 176"L Module 75" Headroom - per attached specifications and drawings f * Price includes SFEV install of customer supplied Stryker Powerload cot system * Price includes SFEV supply and install department graphics/Chevron s * 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— Designated compartment - right front middle cabinet next to MediKool Vehicle Delivery to customer: Customer delivery April/May 2024. Chassis is in f tock at PL Custom factory. Production begins in the latter part of Sept. 2023. FEV will demo for 45 days. Mileage Cap — less than 4,000 miles when delivered to customer. Ford full warranty starts upon delivery to customer. { **Pricing is valid for 45 days i r TOTAL PRICE $413,428.00** *e.�r,.n, 6uAkj_, Kevin Burke Ambulance/ SFEV Brush Truck Sales kburke@sflev.com 204 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 8, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Shelby Ball, Purchasing Specialist SUBJECT: Final Ranking of Firms and Authorization to Negotiate — RFQ 2023051 for Engineering and Biological Support Services for Sector 4 Dune Renourishment Project BACKGROUND: On behalf of the Coastal Division, and in accordance with Section 287.055, Florida Statute (Consultant's Competitive Negotiation Act), statements of qualifications ("SOQs") were requested from qualified firms to provide professional services in the disciplines of Coastal Engineering and Biological Support Services for the County's Sector 4 Dune Restoration Project. DISCUSSION: A selection committee, comprised of Rich Szpyrka, Public Works Director, Kirstin Leiendecker, Asst. Public Works Director, Eric Charest, Natural Resources Manager, Steven Hitt, Principal Environmental Planner, and Wendy Swindell, Conservation Lands Manager, independently reviewed, scored, and ranked the received SOQs in accordance with FS 287.055, the RFQ, and the Purchasing Manual. All four submitting firms were invited to participate in discussions, and at the conclusion of the discussions, a final selection committee meeting was held, during which each committee member read their overall ranking of firms, and a final ranking determined. The final ranking established by the committee is: 1. Coastal Technology Corporation 2. Aptim Environmental & Infrastructure, LLC 3. Coastal Waterways Design & Engineering, LLC 4. Geosyntec Consultants, Inc Staff is prepared to begin negotiations with the top ranked firm and bring the final agreement to the Board at a meeting in the near future. FUNDING: Funding for these services will come from the Coastal Engineering Fund/Hurricane Ian — Sector 4 Account and the Coastal Engineering Fund/Storm Nicole — Sector 4 Account. 12814472 -o66515 -226o1 I Coastal Engineering Fund/CIP/Hurricane Ian — Sector 4 1 TBD 12814472-o66515-23007 I Coastal Engineering Fund/CIP/Storm Nicole — Sector 4 1 TBD 205 RECOMMENDATION: Staff recommends the Board approve the Committee's final with the top ranked firm in accordance with FS 287.055, should negotiations with the top ranked firm fail. CONSENT ranking and authorize negotiations and the subsequently ranked firms, 206 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Dan Russell, Information Technology Director SUBJECT: DISH Network Cell Site Lease Amendment DATE: July 6, 2023 BACKGROUND: On November 9, 2021, The Indian River County Board of County Commissioners approved a site lease agreement between Indian River County and DISH Network, LLC. The site lease agreement provides DISH Network, LLC co -location space on an existing lighting structure within the Jackie Robison Training Complex, for the placement of cellular antenna equipment and space at the base of that lighting structure for placement of the associated ground equipment. The agreement also authorized an easement for utilities, fiber and access to the premises for DISH Network, LLC, which was to be defined subsequent to the original agreement in conjunction with the design process. DISH Network, LLC, has proposed amending the original agreement to add the recently completed easement survey drawings as Exhibit C to that agreement (see attached proposed first amendment and survey drawings). Staff has coordinated with the County's Telecommunications Tower Consultant, the County Attorney, and the Public Works Department on the contents of the attached amendment and survey drawings. Staff recommends that the Board approve the amendment and authorize the Chairman to execute the amendment and any associated documentation. FUNDING There is no funding associated with this request as the proposed easement is a condition of the original lease agreement. RECOMMENDATION Staff recommends that the Board approve the amendment and authorize the Chairman:to execute the amendment and any associated documentation. ATTACHMENTS 1. MIMIA00558A_First Amendment DISH_ Final _20230706.pdf 2. S&S MIMIA00558A Boundary Survey 06-20-2023.pdf 3. MIMIA00558A Original_Fully executed Lease.pdf DISTRIBUTION Dylan Reingold, County Attorney Richard Szpyrka, Director, Public Works Elisa Nagy, Director, Finance 207 FIRST AMENDMENT TO SITE LEASE AGREEMENT THIS FIRST AMENDMENT TO SITE LEASE AGREEMENT ("Amendment"), dated as of the latter of the signature dates below, is by and between Indian River County, a political subdivision of the State of Florida, having a place ofbusiness at 180127' St, Vero Beach, FL 32960 ("Landlord") and DISH Wireless L.L.C, a Colorado limited liability company, having a place of business at 9601 S. Meridian Blvd., Englewood, CO 80112 ("Tenant"). WHEREAS, Landlord and Tenant entered into a Site Lease Agreement dated November 16, 2021 (the "Lease"), whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 3901 261 St, Vero Beach, FL 32960; and WHEREAS, Landlord and Tenant desire to amend the Lease to further specify the easement area; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Paragraph 2.1 is hereby deleted and replaced with the following: 2.1 Premises. Landlord is the owner of the Structure and Property located at 3901 26`h St, Vero Beach, FL 32960, as more particularly described in Exhibit A. Landlord leases to Tenant (a) approximately one hundred (100) square feet of ground space, and (b) space on Landlord's Structure, all for the use and operation of Tenant's facilities as such are initially described in Exhibit B, collectively referred to as the "Premises". Landlord also grants to Tenant an easement for utilities, fiber and access to the Premises as more particularly described in Exhibit C. Landlord agrees that providers of utility or fiber services may use such easement(s) and/or available conduit(s) for the installation of any equipment necessary to provide utility or fiber service. If the existing utility or fiber sources located within the Premises or on the Property are insufficient for Tenant's Permitted Use, Landlord agrees to grant Tenant and/or the applicable third party utility or fiber provider the right, at Tenant's sole cost and expense, to install such utilities or fiber on, over and/or under the Property as is necessary for Tenant's Permitted Use; provided that Landlord and Tenant shall mutually agree on the location and riming of such installation(s). 2. Exhibit C. The Lease shall be amended to include the attached survey as Exhibit C. 3. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified and remains in full force and effect. Each reference in the Lease to itself shall be deemed also to refer to this Amendment. 4. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Lease. 208 IN WITNESS WHEREOF, the parties have caused this Amendment to be effective as of the last date written below. LANDLORD: Indian River County a political subdivision of the State of Florida By: Print Name: Its: Date: TENANT: DISH Wireless L.L.0 a Colorado limited liability company By: Print Name: Its: Date: 209 EXHIBIT C SURVEY SHOWING EASEMENT AREA SEE ATTACHED DRAWINGS 210 1� 1� N N�g za ulIL �gW 9i w 10, OW a€ 3fi g$� �63� oigQ dW� Iwo _$ ccul ^ $2€`a39riWm OR: ul as � Wm o z � w s � < Y o o z a s f w y ...,,,,,,,.Mlz in � q��Wg of H2o o Ww xSo �s.3 2 yo m�gL= < 3� >i W€> WB � g�k�E _ W ho W n gos 8e`�5g8�mg�4W4B .-g. �gg&o w OZ o " = p F �� cd w0000z� m J .1 o�Fez ooh 3a` dWa €m a g 3 ^laOlaOda�b V mw. ESwo YW:�� Es _gw w € LLkyxd _;� <8d ga��s`=8 Qui• p ogwW� g�<o'd. ���W €x�Fu . - - moW OZ Sga 62 -ws Pomx<m a [� WWW fmU Hd��a��y8`w o€o �9 489. 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H o a wu� SESwC�a E�f <m�S.wc wm e=t auno'�wco$o�imd E7t aum'���oco�m8 � g W� I I I �1 Qu o I Vz LL EGGS OF PAVEMENT —/� 1 1 OGE of PpvE4EN t Q W LLyW 1 I let i 3 1 ;;1 s � 1 wg n zm 0 5 - z 6 m 5�8= `g" „a �aaiama a� �N ga�oaeeds�a�sesszxseo 8 — "78� a qv rl N 0 _o �m z Z OY @R i 8e 3Sn' W•i9 6 CaEv� 3-3339 � a�Cl�Co t No B wll 1 -Q- � o I 11 1 g sq'Q .si S a 1 11 I 1 1 I II I g IN gs I d e Q a s'Ri11 I Sn��w3N Saa N.n�m Z I 11 I WWI � 3 W�� g �n ff II I iNii i 8 �nom�xm �Wg�. .. IJIJ I a=6 a II Pt 9 m 5 � I 11 im � 6gn o 10 i iii I II I r I a gw� e y gFog II I Lp6 11 I 11 I r' II I I and c Z; nil I pp 446 � 3 1 II � 1- 11 m W LL m m - -- `' __ ______________________ 4Ll s 8 o v e o ---� E omiallm� 99 n MEE L Z y m 5 3 eE gF 9 a§ o: e� c >f qv rl N to i "1it+ralitllN �+I�13 r�T�l�lirll�. ft #A 1Il• t 1 ' € li the timing c0*40'Installation .. T i:IftAgreemetA4 ' dl I ve Date. The initial term of this Agreement 4111"ver.116i#1-1 commence on `. vf#f1lytz%W*foliowing do �I-iM11�i,fA:`�!� stalfatic+ate �+ettc�►ent;�� 1��' �I .�_ . .. alTller the COMU*nt+ **M 00te >:nIW terns : renewed or awboft it va ft { 10f anent. The lTarmsh taut a ti(t W'*$00"r(4)additional terms ofs W'Wrofai-°eac" ► "il ie»ew�tCf ' het t ~T' ft::However, Tenarta ft -TWo f's sole AWt dfqrett lgllllt. 10 >00AW ft fil(`ftthe n-curral*-Vo* Landlord I I� . 1raE1 obligation on each has vested Ya►nthis AgreementasafftlEffective Date, ..... Rens. Be rnnin8tiMM►mencemertEOW continuing, � - - _ '1'i a VW.,'Undlord P ("Rent* ��Ot *Commencement tle,*ftaubsequentbl Yby the fifth omrnencemetitlftshaA beetnaticall increased hytopoods int Rent. Pa (0e*Avered tO 4Rddress dev ;*ted tp*W 101111 W i e1 i :fit tiona):7horrth+� " woo the.$6yi>tetlt bbligation was in force aymentT .Tenant shall r jr , iltStt't-9 formor Is a uiva ( 4 I ±lam t91:pa""Rent or any,. �tiisl�re i 2.4 Mfig$Mk5. The Pl rdes acknowk4a mW agree that '1lattant's abift to, b***Am the PmwAm is contireentopm T~ obtaining a# *td#4M*4 permits, els and other i tt ON be te4ulMd by airy omental At hrxiky ir1 8litcbrdanee A 'p4cole jaw (0064)ftk tae ' "OovwusvwnWAp Dir ""). Tetaantw if >t90 Dtaintall such+ria,v*, A*i* Apprva VrOp '* L lni d hereby authwito Teltnt, at TwdwWs sole cast and e , I* file ala! mdxi* for 11J ate, t Lanitird got f e) tooperatewith Te naon-M TewWs ah"tu& Scivemw; I *A*y PW4Stl '0 Thr execute sw *WMr a N documera ttytoObtab;*WMWAA% e+rr V*ftAppra *ad(joktom: MW*41wthatwouldadverselyal --IMk.sAWain the Gave rnment-. any applicatim for fsouerr A( tg k i opftrtwmaterially delayed or . 1 approved ' w fatasoa; i.'#` a and : discre*k, . h 5overrli Alt f urtnoR tl It°tom"its 1 reasonablirEIIr poilect( ,t then,' #ha11 have,**, , *A* -* *and absol this Agrees WoWedWely upon Notice tetllendlord, with further obtigatI" *•Landlord: lr landlord'vilUbte4 On3ployees, officers, agents or lenders). andthro a ft,"bult cilrenaM, OWSovernmental.Approval issued tQ11i�400J�,expires, lapses qt' sWenN60 theapplover#. eIf = twineem absolute d t days',"Jll lor r c he r obi4atior#to La ndtord (or la ndlotft•aofficers, ,tporaW lenders) fs"Minated," _ "Agreement shall be of tloi p ,. Ag Nt, {exce t as set, to the cont 1�I�NNtIA � 4 216 j i I n "f'tedG.lOTItIINIR the P � '� na **tions M a: Il*4 to tam* signals. lI[, ,h.t i tiitx .. ise rte' ►f: Thi' IWIN ft. ANOO fl i tib instal !It!►1e i?i'�itttl goes i3rt�t inclut# btr: Am•8 equipmentdrOwnufterO 1.. 00,,o6rdoestiricludeadding su6- antsonl b PwMb-g4 t;#kWAauthorization i *I,#Uctural�pgrades, pla�reviev�r�,perm ! W-SAWo to *a**, T . hbr' lt`�i1tisuitable'Rii Y1C►. ra" AW ticpl i i �llrt l referenc*161 It the Premises f6foTt"Aft t 4 rrtmencirtg on t i iW-011011( $:tboughout the i>% Tat*404 ft add 60�lFxpens. ided tl*i�4if so access. Further, landlord grants and P*r to entering the itemises, Tenant•1 tl:M 1Fi ' ` ` li f"ii~quired # �3bift111hrough Landlord. Iftse employe ied, :I> ,t* gird A t 24 hours Ui SII �" of ncfFt l usiness qri t**n*rg e ± islet WKY*d lrshailgab�.ow---mt11r*wh8trttlentialed'# : nployee,agentorcontracttr. I Modifications to Tenant's Equipme& +*ter Tenant's dpi Installatio jenant. rnalf . Derr illd Modifications without any Increase in •ter pprtt. ndlord,. S requires *Mte 'Section 34,ief this Agreement. FW*Wmodificatill tOW 'W*�Fluipme i C ii tiRxrsy i` ntd require LandlorftwO tloOWova{, 0" *rii tt bs unr .. '> *Apyed, cw did, 4. Ut#dee, tiers=dTimms. 4.1 TO"W shall have its own utility nWterhWmftd3E1a mpt grlld mat Tei' amt's em"w. j 9,2 -T#-An : ��+�;:. _ t.:i61t: the actWOMOOdons O andlond„ � Wig. or. for w+iLandlord is legallyresponsibie„.Tidljf>; Wom andfo,lg�tMAi eiders, employees, agents arillrlil1rd's Repr >fiamlles+5 d•8#dob5;dlttiliands, liti t'_ l� *jWpwftdamages,liali,,aWsandexpepdpr *AW* t ,moble a!tW-n Irl di V A:: W*afterOM190op ofTehant, its.Or f!a' � Tenant Is lei► responsible ("ttp n wtls ettt' qr correrant of Tint contained or, , '5etti6o9.Zshall survive the expiration or earliier lef lid 9.$ landlord's Itldalk tt � ct'tlMtllatt lt. It ', f ofto emissions t f Tea 0 r`T em nify�" T i its-aftv,$rectors, shareholders, OVVIoyees,agentsand representWves harmless from and againstll�loo Qlaims arising directly or indirectly out of: (i) any act or omission of Landlord, its officers, agents, errs contra0m t1r any, Other person or entity for whom Landlord is legally responsible; (ii) a breach rtprotantafwk won"wtovenatt of WWtord eontailt Qr incorporatet t 111 Mr iNl1 0^, possession, ,prassession, use,i» spill, is'. ?, refirtert $*', handling, production 04* disposal of itazarOMO, ,t near-Itbe Pre the Structure; the Pr,9p and/t* a nd/or tine Property ,by nny HaXWdK*<$UW*W% II tit i10t M' xte t 1 byi- *howls i Re rese ti0 "AWelirvive **41 Oft yi is Ilot tl tf Ibis section• 0*' kj68.28, Floridat►tes. 9.4 fication Procedure. The Pa' seek inderr nifttatloh .- " Indemnifieill; . promptly sent 1NAMto the Party from whom indemnification is being sought, ft " clemnifyut Claimal's*%ry *bllndemnificatioaftsoughtTfall vo lip$ 1 1 or aVsfto mW UtON ftnt of or aerl WA%*e aft *IM wfto* *aprWvy%W ll p 1 MM 10,1 111 Ps T'f* lnderort %d4� ysM'JlAt-t t mnifying Party regi #d expense, IC #emn fying Party at real l%"'.w-s avice in connection wgitthose negotiations and litigation, s M IiaOraM+te'. 10.1 I iaait%s, Thttoul IWA the TenRk Londkw+d d mok*W, at Lw~s sole cW OW eta, the ► emtlge (Q Co"W."C 11 Ili Lim 01 "Al WWOW Per c res�nce M'M' 40gre ; Propert inexarno air+ Chet Pmob to lickrela alpe "ve auihra wtud, ngWes jW'srrdar Zen Obligations. Throughq* Owl W shall rlalt , i Tek emitsrequired moble Law; (H) emo�d?Abiittyinsuirante with such limits as regtll i aii expense the fol insurance covers c yrs' mMion insurance with no. and (iii) QpmmeftOI 4eneftI l&bility ' :g rAk. ltcl m limit of $1,000,00D per occurs $W { **no" -IPOUlk Landlord as il.', A 1*114*3410ftshall --tiondlord"s tEtrlfA rats tonfirmingtfi at ►, t�r3ned (full force and 4,0%14 cat fi t p6/ will not be cancelled without j days' prior wftftnotice to-i a �' iae many liability insurance obtained Int E6lforst. i F . TI.IIlllA00558A lease Version: 1.0 fket: MIAMI 220 I H ►] wo ,:. P ' 1�3 � � y z � �, .. � � �l� � ti� I Q ti �� � :�;� ! b t c Qa v � �� s;� i !f! t!i `''h - .� � 8 aG� of `r� zp ��gi ah . �', c s s o ��� � �� � �g� 1F INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Dan Russell, Information Technology Director SUBJECT: First Amendment to TIGR Acquisitions III, LLC, Easement Agreement DATE: July 6, 2023 BACKGROUND: On July 12, 2022, the Indian River County Board of County Commissioners approved an exclusive easement agreement between Indian River County, a political subdivision of the State of Florida, and TIGR Acquisitions III, LLC. The easement agreement provides TIGR Acquisitions III, LLC an exclusive easement (described as a twenty (20) foot wide easement surrounding the north and east sides of that certain Utility Equipment and Landscape Easement dated July 17, 2018 between Indian River County and Datapath Tower, LLC recorded in Book 3162, Page 1416 of the Public Records of Indian River County, FL) together with a Springing Easement that will encompass the entire area of the Utility Equipment and Landscape Easement in the event that the Utility Equipment and Landscape Easement is terminated by Datapath Tower, LLC. In the event of a termination by Datapath Tower, LLC, then the "Springing Easement" shall be granted by Indian River County to TIGR Acquisitions III, LLC simultaneously with such termination. Thereafter, the Springing Easement shall be a part of and included in all references to the Easement granted to TIGR Acquisitions III, LLC. The original agreement authorized utility easement for TIGR Acquisitions III, LLC, which was to be defined subsequent to the original agreement in conjunction with the addition of a second co -location tenant for this tower. TIGR Acquisitions III, LLC, has proposed amending Exhibit B of original agreement to add the recently completed utility easement drawings as Exhibit C to the original agreement. 11 `L 1911 k, There is no funding associated with this request as the proposed utility easement is a condition of the original lease agreement. RECOMMENDATION Staff has coordinated with the County's Telecommunications Tower Consultant, the County Attorney, and the Public Works Department on the contents of the attached amendment and survey drawings. Staff recommends that the Board approve the amendment and authorize the County Administrator to execute the amendment and any associated documentation. ATTACHMENTS 1. 1725 17th Avenue First Amendment Easement Agreement_2023.08.07.pdf 2. 1725 17th Avenue First Amendment - Exhibit C.pdf 3. 1725 17th Ave Easement Agreement - executed.pdf 229 DISTRIBUTION William K. DeBraal, County Attorney Richard Szpyrka, Director, Public Works Elisa Nagy, Director, Finance 230 Record and Return to: Jon L. Lober TIGR Acquisitions III, LLC 1170 Peachtree Street, Suite 1650 Atlanta, GA 30309 Prepared bv: Jon L. Lober TIGR Acquisitions III, LLC 1170 Peachtree Street, Suite 1650 Atlanta. GA 30309 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE FIItST AMENDMENT TO EASEMENT AGREEMENT This First Amendment to Easement Agreement ("Amendment") is made and shall be effective on the _ day of , 2023 ("Effective Date"), by and between Indian River County, Florida, a political subdivision of the State of Florida ("Grantor ') and TIGR Acquisitions III, LLC, a Delaware limited liability company ("Grantee'). WHEREAS Grantor and Grantee entered into that certain Easement Agreement ("Agreement '), dated July 21, 2022, recorded July 25, 2022, in Book 3558, Page 1775 of the Official Records of the Clerk of the Circuit Court, Indian River County, Florida; and WHEREAS Grantor and Grantee now agree to amend the Agreement, as more fully described herein: NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the parties agree as follows: 1. Exhibit B of the Agreement is hereby amended to allow the Non -Exclusive Utility Easement to travel in, under and across areas on property outside the Parent Property that are owned or controlled by Grantor as further described in attached Exhibit C. 2. All capitalized terms used herein shall have the same meaning as set forth in the Agreement unless otherwise herein defined. 3. Except as expressly provided in this Amendment, the Agreement shall continue in full force and effect according to its terms. [Signature pages and exhibits follow.) Asset File #: TwPA0036305 Pagel of 4 231 IN WITNESS WHEREOF the parties hereto have executed this Amendment as of the date on page one above. GRANTOR: INDIAN RIVER COUNTY, FLORIDA John A. Titkanich, Jr., County Administrator Grantor Notice Address: Indian River County, Florida 1801 27th Street Vero Beach, Florida 32960 WITNESSES: Printed Name STATE OF COUNTY OF I ss. Printed Name The foregoing instrument was acknowledged before me, by means of _ physical presence or _ online notarization, this day of , 2023 by John A. Titkanich, Jr., the County Administrator of Indian River County, Florida, a political subdivision of the State of Florida, who is _ personally known or _ produced identification in the form of NOTORIAL SEAL Asset File #: TwPA0036305 Ik!MW\'Iyaa9 ell a co Printed Name: Commission No.: Commission expiration: Page 2 of 4 232 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date on page one above. GRANTEE: TIGR ACQUISITIONS III, LLC Jesse M. Wellner, Chief Executive Officer Grantee Notice Address: TIGR Acquisitions III, LLC 1170 Peachtree Street, Suite 1650 Atlanta, GA 30309 Attn: Chief Executive Officer With a copy to: TIGR Acquisitions III, LLC 1170 Peachtree Street, Suite 1650 Atlanta, GA 30309 Attn: General Counsel WITNESSES: Printed Name Printed Name STATE OF GEORGIA l COUNTY OF FULTON } ss. On this day of , 2023, before me, the undersigned notary public, personally appeared Jesse M. Wellner, and proved to me through satisfactory evidence of identification, which was personal knowledge/driver's license/passport/ (circle one), to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as Chief Executive Officer of TIGR Acquisitions III, LLC. {affix notary seal or stamp) Asset File #: TwPA0036305 Notary Public My Commission Expires: Page 3 of 4 233 Exhibit 1 [Attach survey depicting utility easement path from Exclusive Easement to 20`h Street.] Asset File #: TwPA0036305 Page 4 of 4 234 F •»u uei Flo Aav4ZNSXJOMN d�� ONa �` tr� No w p a0p8 zmooa�acNVMa z LL a z 2 O Z N F; z t/j Z)J 00 w _ +�+ n K Ld W ~� mUtil NO Q O N� a N a �. O z U U Z 3vzz�QazLL.LL, o y�� F O �VOWZ �Na¢JOO€W� z U o o a r z It W NNW=W _Wp_3UZ W W UNvO Y Oi g W } uj (AWQkr (AJZQ0WW06zW h6 pW Jitu � a WbQ n w �Nw3 pOOrnoOQW' 11 a F WZZUO N �1-. 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U3o ' Sif I M a i 1 1 f w 3 oN I3 - i v> sz ins3 unun I a Z o . 0350d02id,0'S i o zo w v m.1 mz - olz o z cel CL w F orS C) a - 43 z0. .. O — tjg �. tzi � TT 1"nnb W Z G W zCn CnaU:3 10 OJ JAW. - -M N, V) 3SW NN .. • �mN tVVVi (M%�: ,08 Cf10 N8—H1bCN) woODowc� �;�O^n 3nN3nd 4�OZ Co�'MAN — — — — .1s'cu. XK. K -art, -a we ,til w► . 3120220046253 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3,558 PG: 1775,7/2512022 4:08 PM D DOCTAX PD S0.70 1 Record and Return to: Jon L. Lober TIGR Acquisitions III, LLC 1 170 Peachtree Street, Suite 1650 Atlanta, GA 30309 Title Number: TFL859078A Prepared by: Jon L. Lober TIGR Acquisitions III, LLC 1170 Peachtree Street, Suite 1650 Atlanta. GA 30309 ABOVE THIS LINE RESERVED FOR RECORDER'S USE EASEMENT AGREEMENT This easement agreement ("Agreement") is made and shall be effective on the 21 day of July , 2022 ("Effective Date"), by and between Indian River County, Florida, a political subdivision of the State of Florida ("Grantor") and TIGR Acquisitions III, LLC, a Delaware limited liability company ("Grantee"). 1. Grantor's Property and future Collocation Agreements. Grantor represents and warrants that it holds fee simple title to certain real property located at 1725 17th Avenue, Vero Beach, Florida 32960, as more fully described in the legal description attached hereto as Exhibit A (the "Parent PrroRg "). Future tenants (collectively, "Collocators" and individually a "Colloqator"), will be parties to those certain future leases, subleases, licenses and other agrdements which grant others a right to use or occupy a portion of the Easement (each a "Collocation Agreement"). 2. Grant of Easement. For the sum of TEN AND NO/100 DOLLARS and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge as paid on or about the Effective Date along with the purchase price pursuant to the settlement statement executed contemporaneously with this Agreement ("Purchase Price"), Grantor grants and conveys unto Grantee, its successors and assigns, an exclusive easement (subject to the superior interests of other parties of record on the Parent Property) for the Permitted Use defined herein, together with a non-exclusive access easement for ingress and egress to and from the exclusive easement, seven days per week, twenty-four hours per day as such access may change from time to time and a non-exclusive utility easement (as more specifically defined in Exhibit B as Parcel B) to install, replace and maintain utilities servicing the exclusive easement, including, but not limited to the installation of power and telephone service cable, wires, switches, boxes and the like as may be required by the Permitted Use across the Parent Property (collectively "Easement"). In the event that certain Utility Equipment and Landscape Easement dated July 17, 2018 between Indian River County and Datapath Tower, LLC recorded in Book 3162, Page 1416 of the Public Records of Indian River County, Florida ("Recorded Datapath Easement") is terminated then that certain "Springing Easement" detailed in Exhibit B as Parcel A shall be granted by Grantor to Grantee simultaneously with such termination of the foregoing Recorded Asset File 4: TwPA0036305 Page 1 of 14 237 BK1 3558 PG: 1776 Datapath Easement. Thereafter, the Springing Easement shall be apart of and included in all references to the Easement. In the event the Recorded Datapath Easement is terminated, then Grantee shall maintain the Springing Easement (or use commercially reasonable efforts to enforce the obligation of the Collocator under any ColIocator's lease that requires such Collocator to maintain the Springing Easement.) Grantor shall permit Grantee, each Collocator, and any of their affiliates, customers, tenants, subtenants, lessees, sublessees, licensees, successors and/or assigns together with any of the employees, contractors, consultants, and or agents of the foregoing to use the Easement for the installation, construction, operation, maintenance, repair, modification, relocation, replacement and removal of improvements and equipment, including, without limitation, equipment shelters and/or cabinets and related cables and utility lines and a location based system, coaxial cable, base units and other associated equipment ("Equipment") necessary for the facilitation of telecommunications, radio and television broadcasting and other related uses ("Permitted Use"). Grantor represents that there is no pending or threatened action that would adversely affect Grantor's ability to enter into this Agreement or grant the Easement and that entering into this Agreement will not violate or conflict with any provision of Grantor's organizational documents (if Grantor is an organization) or conflict with the provisions of any agreement to which Grantor is a party. Grantor further represents and warrants that Grantee shall have peaceful and quiet possession and enjoyment of the Easement during the term of this Agreement without any disturbance of Grantee's possession or Permitted Use hereunder. 3. Term. Commencing on the Effective Date, the term of this Agreement and the Easement shall be for a term of fifteen (15) years and this Agreement and the Easement shall terminate on luly 21 , 2037 (the "Term"). Upon notice to Grantor as provided herein, Grantee may surrender the Easement to Grantor and execute such documents reasonably required to terminate the Agreement and the Easement Grantor may not unilaterally terminate the Agreement or Easement. Sections 11 and 12 shall survive expiration or termination of this Agreement and shall remain in effect in perpetuity, subject to applicable law. 4. Right of Collocation. Pursuant to this Agreement, Grantee is permitted and authorized to enter into Collocation Agreements with one or more additional Colloeators within the Easement. Except as provided herein, Grantee agrees to assume all of lessor's rights and obligations under each Collocation Agreement. If Collocator is obligated under each Collocation Agreement to pay to Grantor any fees (other than base rent and any escalations thereto) for the purpose of utility service or access or tax reimbursement, Grantor shall continue to be entitled to such fees, although Grantee may collect and distribute same to Grantor. Grantor shall continue to perform all obligations of the lessor under each Collocation Agreement which relate to the use, ownership, and maintenance of the Parent Property so that Grantee may fulfill all the obligations under each Collocation Agreement without breaching any provision therein, including, but not limited to, Grantor maintaining the Parent Property in a commercially reasonable condition to allow the Permitted Use of the Easement. Notwithstanding the foregoing, Grantor shall not be required to make any improvements to the Parent Property and the Parent Property is acknowledge by both parties to be in a commercially reasonable condition to allow the Permitted Use of the Easement as of the Effective Date. 5. Collocation Rent Sharing. When a Collocator executes a lease for space within the Easement and commences rent payment, Grantee will collect such rent with Grantee retaining fifty percent (50%) of the rent collected and Grantee remitting fifty percent (50%) of the rent collected to Grantor. Grantor shall have the right to review and approve construction plans for each Collocator prior to commencement of construction and such approval shall not be unreasonably conditioned, delayed or withheld and such approval shall be without further compensation to Grantor. Approval shall be deemed given by Grantor where Grantor has failed to respond within one hundred twenty (120) days of notice as provided herein. Asset File M: TwPA0036305 Page 2 of 14 238 BK: 3558 PG: 1777 6. Grantor Cooperation and Non-interference. Grantor hereby agrees to cooperate with Grantee and/or each Collocator in obtaining all licenses, permits or authorizations from all applicable governmental and/or regulatory entities and in acquiring any necessary upgrades to or relocation of utility service to support the Permitted Use. Grantor's cooperation shall be at no cost to Grantor and without requiring payment of additional rent or fees by Grantee or any Collocator. Grantor shall not interfere with any construction in the Easement so long as such construction is to support the Permitted Use and is proceeding pursuant to a building permit or other required municipal or governmental approvals. Grantor shall not, nor shall Grantor permit its lessees, licensees, employees, invitees or agents to, use any portion of the Parent Property or the Easement in a way which materially interferes with the operations of any Collocator who shall have peaceful and quiet possession and enjoyment of the Easement. Grantor may not directly or indirectly induce, invite, or conspire to induce or invite any Collocator to use or lease space in direct competition with Grantee's Easement. In furtherance of the forgoing, Grantor shall not lease, license or otherwise grant any additional interest in any portion of the Parent Property for the Permitted Use by telecommunication tenants without the prior written consent of Grantee in which may be withheld in Grantee's sole discretion. 7. Assignment. Grantee may pledge, assign, mortgage, grant a security interest, or otherwise encumber its interest created by this Agreement. Grantee may freely assign this Agreement in partor in its entirety, and any or all of its rights hereunder, including the right to receive rent payments. Upon the absolute assumption of such assignee of all of the obligations of Grantee under this Agreement, then Grantee will be relieved of all obligations and liabilities hereunder. 8. Taxes and Other Obligations. All taxes and other obligations that are or could become liens against the Parent Property or any subdivision of the Parent Property containing the Easement, whether existing as of the Effective Date or hereafter created or imposed, shall be paid by Grantor prior to delinquency or default. Grantor shall be solely responsible for payment of all taxes and assessments now or hereafter levied, assessed or imposed upon the Parent Property, or imposed in connection with the execution, delivery, performance or recordation hereof, including without limitation any sales, income, documentary or other transfer taxes. If Grantor fails to pay when due any taxes or other obligations affecting the Parent Property, Grantee shall have the right but not the obligation to pay such and demand payment therefor from Grantor, which payment Grantor shall make within ten (10) days of such demand by Grantee. 9. Insurance. During the Term of this. Agreement, each Collocator shall maintain general liability insurance as required undertheir respective lease. Grantor shall maintain any insurance policies in place on the Parent Property or as required under each Collocation Agreement. 10. Subordination and Non -Disturbance. Grantor shall maintain the Parent Property free of mortgages or other financial security interests or obligations. 11. Mutual General Indemnification. Grantor and Grantee shall each indemnify and hold harmless the other against any and all claims, damages, costs and expenses (including reasonable attorney's fees and disbursements) caused by or arising out of the indemnifying party's breach of this Agreement or the negligent acts or omissions or willful misconduct on the Parent Property by the indemnifying party or the employees, agents, or contractors of the indemnifying party. Any requirements of Grantor in this Section 11 are only to the limits set forth in §768.28, Florida Statutes. 12. Environmental Representations and Indemnification. a. Grantor represents and warrants that, to the best of Grantor's knowledge, no pollutants or other toxic or hazardous substances, as defined under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. 9601 et seq., or any other federal or Asset Fife H: TwPAOD36305 Page 3 of 14 239 BK; 3558 PG: 1778 state law, including any solid, liquid, gaseous, or thermal irritant or contaminant, such as smoke, vapor, soot, fumes, acids, alkalis, chemicals or waste ()including materials to be recycled, reconditioned or reclaimed) (collectively, "Hazardous Substances") have been, or shall be discharged, disbursed, released, stored, treated, generated, disposed of, or allowed to escape or migrate (collectively referred to as the "Release") on or from the Parent Property. Neither Grantor nor Grantee shall introduce or use any Hazardous Substances on the Parent Property or the Easement in violation of any applicable federal, state or local environmental laws. b. Grantor and Grantee each agree to defend, indemnify, and hold harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, cleanup, remedial, removal or restoration work required by any governmental authority, losses, judgments and reasonable attorneys' fees that the indemnified party may suffer or incur due to the existence or discovery of any Hazardous Substances on the Parent Property caused by the other party. Grantee shall not be responsible for and shall not defend, indemnify or hold harmless Grantor for any Release of Hazardous Substances on or before the Effective Date. Any requirements of Grantor in this Section 12b are only to the limits set forth in §768.28, Florida Statutes. 13. Dispute Resolution and Notice. a. Jurisdiction and venue under this Agreement shall be in the state and county the Parent Property is located. The parties may enforce this Agreement and their rights under applicable law, and may seek specific performance, injunction, appointment of a receiver and any other equitable rights and remedies available under applicable law. Money damages may not be an adequate remedy for the harm caused to Grantee by a breach or default by Grantor hereunder, and Grantor waives the posting of a bond. Damages as against Grantee shall be limited to the amount of consideration received by Grantor under this Agreement, following any insurance settlement which may have effect. The prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs. Neither party shall be liable to the other for consequential, indirect, speculative or punitive damages. b. The non -defaulting party shall provide written notice of a default under this Agreement, not more than thirty (30) days from discovery of the default. From the date of such notice, the defaulting party shall have thirty (30) days to cure the default, unless the default cannot reasonably be cured within thirty (30) days in which case the defaulting party shall have such additional time as necessary to cure the default so long as the defaulting party has commenced to cure the default and is diligently pursuing completion of the cure. c. All communications shall be delivered by certified mail, return receipt requested ora nationally recognized overnight courier to the address beneath each party's signature block or such other address as advised to the other party pursuant to this paragraph. Notice shall be deemed given upon receipt if by certified mail, return receipt requested or one (l) business day following the date of sending, if sent by nationally recognized overnight courier service or upon attempted delivery if delivery is refused or if delivery is impossible because of failure to provide reasonable means for accomplishing delivery. 14. Miscellaneous. a. Reserved. Asset File 0: TwPA0036305 Page 4 of 14 240 BK; 3558 PG: 1779 I. b. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and the successors and assigns of the parties to this Agreement. It is the intention of the parties hereto that all of the various rights, obligations, restrictions and easements created in this Agreement shall run with the Parent Property upon which the Easement is located and be binding upon all future owners and lessees of the Parent Property and all persons claiming under them for the Term of this Agreement. c. Casualty and Condemnation. In the event of any casualty or condemnation of the Easement in whole or in part, Grantee shall be entitled to receive any insurance proceeds or condemnation award attributable to the value of the Easement. d. Severability. If any provision contained in this Agreement (or any portion of such provision) shall be held to be invalid, illegal, or unenforceable, such invalidity; illegality, or unenforceability.shall not affect any other provision of this Agreement (or any portion of any such provision.) e. Counterparts. This Agreement may be executed in separate counterparts with each counterpart deemed an original and all of which together shall constitute a single agreement. f_ Entire Agreement. This Agreement and any documents, certificates, instruments and agreements referred to herein constitute the entire agreement between Grantor and Grantee. Without limiting the generality of the foregoing, Grantor acknowledges that it has not received or relied upon any advice of Grantee or its representatives regarding the merits or tax consequences of this Agreement. [Signature pages and exhibits follow.] Asset File #: TwPA0036305 Page 5 of 14 241 BK: 3558 PG: 1780 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date on page one above. GRANTOR: INDIAN RIVER COUNTY, FLORIDA Indian River County, Florida 1801 27th Street Vero Beach, Florida 32960 WITNESSES: Print ame STATE OF __J:�, M7 ] aC�,- COUNTY OF lgln�PzP'c I ss. APPROVED AS TO FORM AND LIEMAL SUFFICIENCY BY DYLAN HEINGOLD COUNTYAT ORNEY 1,94-ra" 4 The foregoing instrurnent was ackno V ph ed before me, by means of ysical presence or _ online notarization, this day of ed 2022 by Jason E. Brown, the County,Administrator of Indian River County, Florida, a political subdivision of the State of Florida, who is. personally known or _ produced identification in the form of TAREE GLANVILLE NOTORIAL SEAL My COMMI=ON q HH 103825 EXPIRES: March 11, 2025 •••!?I in?.• BoWed Thru Notary Pubk Underwtars Asset File A: TWPA0036305 N TARY L , Printed Name: Commission No.: Commission expiration: Page 6 of 14 242 BKt 3558 PG: 1781 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date on page one above. GRANTEE: TIGR ACQUISITIONS III, LLC Jesse M. Welln to xecu Svc Officer Grantee Notice Address: TIGR Acquisitions 111, LLC 1170 Peachtree Street, Suite 1650 Atlanta, GA 30309 Attn: Chief Executive Officer With a copy to: TIGR Acquisitions III, LLC 1170 Peachtree Street, Suite 1650 Atlanta, GA 30309 Attn: General Counsel WITNESSES: GZ� 1Ala46 rated Name STATE OF GEORGIA COUNTY OF FULTON I ss. 12-obc ri, per, Printed Name On this S day of J 2022, before me, the undersigned notary public, personally se M. Wel ner, and proved to me through satisfactory evidence of identification, which w personal knowiedg river's license/passport/ (circle one), to be the person whose name is signe prece ing or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as Chief Executive Officer of TI Acquisitions III, LLC {affix notary seal or stamp) %%%%%t�MppRFzi4i Notary Public a 6ot �10 My Commission Expires: L�•(f �� Asset File #: TwPA0036305 P� v /1111 iN�� Page 7 of 14 243 BK: 3558 PG: 1782 EXHIBIT A LEGAL DESCRIPTION OF T14F- PARENT PROPERTY The Land referred to herein below is situated in the County of Indian River, State of Florida, and is described as follows: COM AT SW COR OF SE I/4, RUN S 89 DEG: -22 MIN E ALONG SEC LINE 978.48 FT TO A PT, TH N 00 DEG 56 MIN 45 SEC E ALONG CL OF 17TH AVE 788.52 FT TO A PT, TH N 89 DEG 23 MIN 57 SEC W 35 FT TO W LINE OF 17TH AVE & POB: TH N 89 DEG 23 MIN 57 SEC W 495.47 FT TO A PT, TH N 00 DEG 26 MIN 20 SEC E 480 FT TO A PT, TH S 89 DEG 07 MIN 53 SEC E 499.59 FT TO A PT, TH S 00 DEG 56 MIN 45 SEC W 477.62 FT TO POB, LESS TRACTS LEASED TO ST FRANCIS MANOR & ALSO LESS FOLL DESC PARC: COM AT SW COR OF SE 114, RUN S 89 DEG 22 MIN E ALONG SEC LINE 978.48 FT, TH N 00 DEG 56 MIN 45 SEC E ALONG CL OF 17TH AVE 1126.14 FT TO A PT, TH N 89 DEG 07 MIN 33 SEC W 35 FT TO POB: TH N 89 DEG 07 MIN 33 SEC W 318 FT TO A PT, TH N 00 DEG 56 MIN 45 SEC E 140 FT TO A PT, TH S 89 DEG 07 MIN 33 SEC E 318 FT TO A PT, TH S 00 DEG 56 MIN 45 SEC W 140 FT TO POB (A/K/A OLD JAIL SITE), LESS FOLL DESC PARC: COM AT SW COR OF SE 1/4 OF SEC 02-33-39, RUN S 89 DEG 22 MIN 00 SEC E (BASIS OF BEARINGS) ALONG S LINE OF SAID SEC 2,978.5 FT MORE OR LESS TO AN INTER SECTION WITH THE CL OF 17TH AV, TH N ALONG THE SAID CL OF 17TH AV, 1266.03 FT TO AN INTERSECTION WITH THE ELY ENTENSION OF THE S LINE OF A 60 FT R/W AS DESC IN OR BK 39 PG 14, TH N 89 DEG 07 MIN 53 SEC W ALONG THE SAID S R/W LINE & THE ELY EXTENSION, THEREOF, 35.0 FT TO AN INTERSECTION WITH THE W R/W OF 17TH AV, TH CONT N 89 DEG 07 MIN 53 SEC W ALONG THE SAID S R/W LINE, 318.0 FT TO POB OF HEREIN DESC PARC: FROM THE POB CONT N 89 DEG 07 MIN 53 SEC W 131.71 FT, TH S 00 DEG 26 MIN 20 SEC W 62.65 FT, TH S 68 DEG 29 MIN 40 SEC E 20.92 FT, TH S 37 DEG 09 MIN 40 SEC E 48.30 FT, TH S 06 DEG 42 MIN 40 SEC E, 32.21 FT, TH S 89 DEG 07 MIN 53 SEC E & PARA WITH SAID S R/W LINE 77.47 FT, TH N 00 DEG 56 MIN 45 SEC E & PARA WITH SAID CL OF 17TH AV 140.0 FT TO POB; LESS PCL DESC IN OR BK 3002 PG 187. Asset File #: TwPA0036305 Page 8 of 14 244 BK? 3558 PG: 1783 EXHIBIT B EASEMENT AREA DESCRIPTION SPRINGING EASEMENT PARCEL PARCEL. "A" BEING A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 33 SOUTH, RANGE.39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2651, PAGE 1029, AS RECORDED IN PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDE SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER'OF THE SOUTHEAST ONE QUARTERIOF SAID SECTION 2; THENCE NORTH 00°02'39" EAST, ALONG THE -WEST LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 2, A DISTANCE 788.42 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF SAID WEST LINE OF SECTION 2 AND THE WESTERLY PROLONGATION OF THE SOUTH LINE OF THOSE LANDS AS DESCRIBED -IN OFFICIAL RECORD BOOK 2651, PAGE 1029; THENCE DEPARTING SAID WEST LINE, SOUTH 89'43'15" EAST, ALONG SAID WESTERLY PROLONGATION A DISTANCE OF 80.00 FEET TO THE EAST RIGHT OF WAY LINE OF 20th AVENUE; THENCE CONTINUE SOUTH 89°43'15° EAST, ALONG SAID LINE, A DISTANCE OF 373.74 FEET TO THE SOUTHWEST CORNER OF LESS AND EXCEPT PARCEL "B", AS RECORDED IN SAID OFFICIAL RECORD BOOK 2651, PAGE 1029; THENCE -NORTH 00°02'34° EAST, ALONG THE WEST UNE OF SAID PARCEL "Sw A DISTANCE OF 108.60 FEET; THENPE DEPARTING SAID WEST LINE, SOUT1,89°1230° EAST, A DISTANCE.OF 40.82 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A", AND BEING THI POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE CONTINUE ALONG SAID PARCEL THE FOLLOWING COURSES AND DISTANCES: NORTH 00°2223" EAST, A DISTANCE OF 46.50 FEET; SOUTH 89°31'58' EAST, A DISTANCE OF 52.77 FEET. SOUTH 00°56'58' WEST, A DISTANCE OF 46.80 FEET. NORTH 89°12'30' NEST, A DISTANCE OF 52.30 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT SAID POINT aA-, THENCE SOUTH 89'1730' EAST, A DISTANCE OF 42.30 FEET; THENCE NORTH 00'58'58" EAST, A DISTANCE OF 10.00 FEET TO THE POINT 'OF BEGINNING OF THE FO4LOWING DESCRI13ED PARCEL; THENCE CONTINUE THE FOLLOWING COURSES AND DISTANCES: NORTH 89'12'30' WEST, A DISTANCE OF 32.40 FEET; NORTH 00'22'23" EAST, A DISTANCE,OF 26.56 FEET; SOUTH 89.31'58' EAST, A DISTANCE OF 32.67 FEET; SOUTH 00'56'58" WEST, A DISTANCE OF 26.74 FEET TO THE POINT OF BEGINNING. CONTAINING 1,583 SQUARE FEET; {0.04 ACRES} MORE OR LESS Asses File q: TwPA9036305 Page 9 of 14 245 BK: 3558 PG: 1784 EXCLUSIVE EASEMENT PARCEL PARCEL 'B" BEING A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2651, PAGE 1029, AS RECORDED IN PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 2; THENCE NORTH 00°02'39' EAST, ALONG THE WEST LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 2, A DISTANCE 788.42 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF SAID WEST LINE OF SECTION 2 AND THE WESTERLY PROLONGATION OF THE SOUTH LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2651, PAGE 1029; THENCE DEPARTING SA0WEST LINE, SOUTH 89'43'15" EAST, ALONG SAID WESTERLY PROLONGATION A DISTANCE OF 80.00 FEET TO THE EAST RIGHT OF WAY LINE OF 20th AVENUE; THENCE CONTINUE SOUTH 89'43'15' EAST; ALONG SAID LINE, A DISTANCE OF 373.74 FEET TO THE SOUTHWEST CORNER OF LESS AND EXCEPT PARCEL 'B', AS RECORDED IN -SAID OFFICIAL RECORD BOOK 2651, PAGE 1029; THENCE NORTH 00'02'34' EAST, ALONG THE WEST LINE OF SAID PARCEL 'B', A DISTANCE OF 108.60 FEET; THENCE DEPARTING SAID WEST LINE; SOUTH 89'12'30" EAST, A DISTANCE -OF 40.82 FEET; THENCE NORTH 00"2273' EAST, A DISTANCE OF 46.50 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE CONTINUE ALONG SAID PARCEL THE FOLLOWING COURSES AND DISTANCES: SOUTH 89'31'58' EAST, A DISTANCE OF 52.77 FEET: SOUTH 00'56'58" WEST, A DISTANCE OF 46.80 FEET; SOUTH BW12'3D" EAST, A DISTANCE OF 20.00 FEET: NORTH 00"56'58" EAST, A DISTANCE OF 66.91 FEET; NORTH 89°31'58' WEST, A DISTANCE OF 72.97 FEET: SOUTH 00'2223'.WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING: CONTAINING 2,395 SQUARE FEET, (0.05 ACRES) MORE OR LESS NON-EXCLUSIVE UTILITY EASEMENT and NON-EXCLUSIVE ACCESS EASEMENT Utilities and Telecommunications. Grantee is herein granted a non-exclusive easement in, to, under and over the portions of the Parent Property for ingress and egress to the Easement for placement of cables, wiring, etc., which is necessary to install, operate and maintain the telecommunications equipment, together with the right to use such easement for the development, repair, maintenance and removal of utilities and/or cables providing service to the Easement and any related activities and uses. Access. Grantee is herein granted all rights of ingress and egress to and from the Easement, across the Parent Property described in Exhibit A hereto, providing access to a publicly dedicated roadway, including but not limited to 17d' Avenue along with the right to use such access easement for the development, repair, maintenance and removal of utilities providing service to the Easement and any related activities and uses. Asset file at: TwPA0036305 Page 10 of 14 246 M 3558 PG: 1785 EXHIBIT B (continued) EASEMENT AREA DESCRIPTION Sketch and Legal Description for: INDIAN RIVER COUNTY SUNGYOIs {Voles 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY INDIAN RIVER COUNTY FOR BUD RILEY FIELD, PROJECT NO. 1364, DATED OCTOBER 01, 2013, 2). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS. (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 4 SHEETS, WITH SHEET 4 SHOWING THE SKETCH OF DESCRIPTION_ (8) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYORS SEAL- 3). EAL3). THE BEARINGS SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1683, 2011 ADJUSTMENT (NAD BYM11). AND PROJECTED IN THE FLORIDA STATE PLANE COO RDINATE SYSTEM, FLORIOA EAST ZONE DERNING A GRID BEARING OF SOUTH 89'40'13• EAST ALONG THE SOUTH LINE OF THE SOUTHEAST 114 SECTION 2, TOWNSHIP 33 SOUTH, RANGF 39 EAST. AND ALL OTHERS ARE RELATIVE THERETO. Cerbllcalion (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 OESCRIP71ON MEEjS if E STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLOR1Cu4PROFE;6$ION/k8OARD OF SURVEYORS AND MAPPERS IN CHAPTER 54.17.052 FL A•AD41,N(, TTVE CODE, PURSUANT N 472.027 FLORIDA STATE ST I : �R- TniS IS not 3 Boundary Survey AGENCY- INDIAN RIVER COUNTY, FL PUSUC WORKS DEPT./ENGINEERING D7/1/2022 DRAWN 1 R. INGLE77 SCALE: APPROVED BY: NIA 0. SCHRYV SHEET: JOB NO: I OF 4 1637 Asset File N: TwPA0036305 ) MAPPER 4864 Sketch and Legal Description for: INDIAN RIVER COUNTY Page 1 t of 14 247 BN: 3558 PG: 1786 Sketch and Legal {description for: INDIAN RIVER COUNTY LEGAL (DESCRIPTION PARCEL "A" 1. BEING A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2651, PAGE 1029, AS RECORDED IN PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST ONE QUARTEROF SAID SECTION 2; THENCE NORTH 00"02'39' EAST,'ALONG THE -WEST LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 2, A DISTANCE 760.42 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF SAID WEST LINE OF SECTION 2 AND THE WESTERLY PROLONGATION OF THE SOUTH LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2651, PAGE 1029: THENCE DEPARTING SAID WEST LINE, SOUTH 89'43'15"EAST, ALONG SAID WESTERLY PROLONGATIONA DISTANCE OF 80.00 FEET TO THE EAST RIGHT OF WAY LINE OF 20th AVENUE; THENCE CONTINUE SOUTH 89.43'15' EAST, ALONG SAID LINE. A DISTANCE OF 373.74 FEET TO THE SOUTHWEST CORNER OF LESS AND EXCEPT PARCEL B AS RECORDED IJ4 SAID OFFICIAL RECORD BOOK 2851, PAGE 1029; THENCE NORTH 00'0234' EAST, ALONG THE WEST LINE OF SAID PARCEL'B'; A DISTANCE OF 108.60 FEET: THENCE DEPARTING SAID WEST LINE, SOUT14 89.1730' EAST, A DISTANCE OF 40.82 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A', AND BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE CONTINUEALONG SAID PARCEL THE FOLLOWING COURSES AND DISTANCES: NORTKOD'2223' EAST, A DISTANCE OF 46.50 FEET; SOUTH 89'3158° EAST, A DISTANCE OF 52.77 FEET. SOUTH 00'5858' WEST. A DISTANCE OF 46.60 FEET. NORTH 89.1730" WEST, A DISTANCE OF 52.30 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT SAID POINT "A": THENCE SOUTH 89'12'30" EAST, A DISTANCE OF 42.30 FEET.- THENCE EET.THENCE NORTH 00'56'58' EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE THE FOLLOWING COURSES AND DISTANCES: NORTH 89°12'30' WEST, A DISTANCE OF 32.40 FEET; NORTH 0(1122'23 EAST, A DISTANCE OF 28.56 FEET; SOUTH 89'31'58' EAST, A DISTANCE OF 32.67 FEET; SOUTH 00'58'58° WEST, A DISTANCE OF 26-74 FEET TO THE POINT OF BEGINNING. ` CONTAINING 1,583 SQUARE FEET; (0.04 ACRES) MORE OR LESS (CONTINUE ON SHEET 3 OF 4) This Is not a 1NDMAN RIVER COUNTY, FL IC WORKS DEVVENGINEERING DIV.' Sketch and Legal. Description DRAWN BY: 022 R. 1NGLETT - for 4 APPROVED 8Y: 0. SCHRYVER I INDIAN RIVER COUNTY Asset File #: TwPA0036305 Page 12 of 14 248 BK: 3558 PG: 1787 Sketch and Legal Description for: INDIAN RIVER COUNTY LEGAL DESCRIPTION PARCEL "B" BEING A PARCEL OF LAND LYING IN SECTION 2; TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2651, PAGE 1029; AS.RECORDED IN PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 2: THENCE NORTH 00'02'39' EAST, ALONG THE WEST LINE OF THE SOUTHEAST ONE'QUARTER OF SAID SECTION 2, A.DISTANCE 788.42 FEET TO A POINT, SAID -POINT BEING THE'INTERSECTION OF SAID WEST LINE OF SECTION 2 AND THE WESTERLY PROLONGATION OF THE SOUTH LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2651, PAGE 1029; THENCE DEPARTING SAID WEST LINE, SOUTH 89'43'15' EAST, ALONG SAID WESTERLY PROLONGATION A DISTANCE OF 80.00 FEET TO THE EAST RIGHT OF WAY LINE OF 20th AVENUE; THENCE CONTINUE SOUTH 89.4315' EAST, ALONG SAID LINE, A DISTANCE OF 373.74 FEET TO THE SOUTHWEST CORNER OF LESS AND EXCEPT PARCEL'S", AS RECORDED IN SAID OFFICIAL RECORD BOOK 2651, PAGE 1029; THENCE NORTH 00.0214' EAST, ALONG THE WEST LINE OF SAID PARCEL'S', A DISTANCE OF 108.60 FEET; THENCE DEPARTING SAID WEST LINE; SOUTH 89.12'30' EAST, A DISTANCE'OF 40.82 FEET; THENCE NORTH OD'22'23' EAST, A DISTANCE OF 46.50 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE CONTINUE ALONG SAID PARCEL THE FOLLOWING COURSES AND DISTANCES: SOUTH 89'31'58' EAST, A DISTANCE OF 5277 FEET; SOUTH 00'56'58• WEST, A DISTANCE OF 46.80 FEET; SOUTH 89.12'30' EAST, A DISTANCE OF 20.00 FEET; NORTH 00'56'58' EAST, A DISTANCE OF 66.91 FEET: NORTH 89'31'58' WEST, A DISTANCE OF 72.97 FEET; SOUTH DO'22'23'•WEST, A DISTANCE OF 20.OD FEET TO THE POINT OF BEGINNING: CONTAINING 2,395 SQUARE FEET, (O.OSACRES) MORE OR LESS INDIAN RIVER COUNTY, FL IC WORKS DEPT. ENGINEERING DIV. =:Sketch and Legal Description DRAWN BY: fOr: M2 R. INGLETi . APPROVED BY: D. SCHRYVER - INDIAN RIVER COUNTY Asset File N: TwPAOD36305 Page 13 of 14 249 . . BK 3558 PG: 1788 'Sketch and Legal Description for: -INDIAN, RIVER•COUNTY • I NSM'08'W-72.87' N Point of Be Inning P°rcei .�. Parcel 'B' "W5 .0 589'31'58'E -92.77' z . I » q ( Not to Scale w P' h 'NO9'12'SD'w it L� $ N m • 58912'30'E z' iQjC�l30 .30' - Ai q p 40.82 - ---- 58912'4 +--- ST N2.30D 0056'S8'E m Point of 10.00' Beginn ng v It ANd OCEP1) E 1 CIA I a4 c.+0 :i r� I m W8 �aO �+ v om m o £. P 0 Q 3S- %DM RP" COUT00�0001A a aRa 2551. Pa o" 1� %iSMLY PROLONGATION ` OF ole SOU111 LK or !I GA.9. Mt. PG L01a , SO94,3'1 5-E S89'43'15'E 37174' SWIM � OF oxo asst. Pa toga SOUMAEST oaRhix LESS AND EXCEPT PAR= 'B' C4 o;1A =1 POL IOM Po1nt of Commencement 5017TlffASr 1/4 SECTION z iD1@i51�J3 SOU RANOE $ CA57 ' Sag Ili B�SiS OF BFJUaMGSy . 1 I 1 l :FL11s r&AS7 1/4 Ls not a Boundary Survey I NCY: [NDIM RIVER COUNW. F.L PUBLIC WORKS DEPT. NGINEERING DIV. Sketch and Legal' Description for: INDIAN RIVER COUNTY 1.1/20i2 DRAWN EM R. INGI.M LE: .tA/A APPROVED B1/: D. SCHRYVER Asset File H: TwPA0036305 Page 14 of 14 250 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Chris Balter Chief, Long -Range Planning DATE: August 03, 2023 SUBJECT: Consideration of the Indian River County SHIP Program 2023 Annual Report It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting on August 15, 2023. DESCRIPTION AND CONDITIONS In the early 1990's, the State Housing Initiatives Partnership (SHIP) Program was created by the State of Florida. Through that program, the state collects documentary stamp tax revenue and allocates those funds to local governments to be used for affordable housing purposes. On April 6, 1993, the Board of County Commissioners adopted the Indian River County Local Housing Assistance Plan (Ordinance #93-13). By adopting the plan and subsequently receiving Florida Housing Finance Corporation approval of the plan, Indian River County became eligible to receive State Housing Initiatives Partnership (SHIP) Program funds. The SHIP program aims to provide affordable housing for income -qualified households. As structured, the county's SHIP Program provides low-interest, deferred payment, and subordinated loans to eligible extremely low-income, very low-income, low-income, and moderate -income households. Those loans are provided primarily for purchase assistance and rehabilitation assistance. As part of the SHIP purchase assistance program, private financial institutions provide principal mortgages, while SHIP loans are generally structured as soft second mortgages. Since SHIP is a state -funded program, the SHIP program fiscal year (FY) is concurrent with the state fiscal year and runs from July 1 to June 30. Because SHIP funds provided in one fiscal year can be spent over a three fiscal year period, the county often has two or more years of SHIP funding active. For example, in the past year, the county has expended funds from the following SHIP program fiscal years: FY 20/21, FY 21/22, and FY 22/23. For each FY, SHIP funds consist of state allocations (unless funds are withheld or swept to fund other state purposes) and program income. Program income consists of SHIP loan repayments and 251 interest earned. Attachment #1 shows historic SHIP fund information. That includes the number of loans provided to eligible applicants by fiscal year and by income category. According to SHIP Program requirements, the county must submit an annual report for the closeout fiscal year (FY20/21) showing that all allocated SHIP funds were expended for that FY. That report must also include interim year data for interim year 1 and 2 (FY 21/22 & FY 22/23). A certification form for the report must be signed by the Chairman of the Board of County Commissioners or his designee. For all previous fiscal years, closeout reports were previously submitted to and approved by the state. Attachment #2 to this staff report is the county's SHIP Program FY 2020-2021 annual closeout report with interim year data for FY 2021-2022 and FY 2022-2023. The FY 2020-2021 final closeout annual report must be submitted to the state by September 15, 2023. ANALYSIS According to state regulations, SHIP funds must be utilized in such a manner that all state requirements and all requirements of the county's Local Housing Assistance Program are met. Among the SHIP requirements are the following: • At least 30% of funds must be utilized by very low-income (VLI) households • At least 30% of funds must be utilized by low-income (LI) households • At least 65% of funds must be utilized for homeownership • At least 75% of funds must be utilized for construction, rehabilitation, or emergency repair • At least 20% of funds must be utilized for special needs applicants or household members • Not more than 10% of state allocated and 5% of program income funds may be utilized for administration costs In administering the SHIP program, the county has met all of those requirements as well as all local requirements for home ownership, credit, employment, assets, and others. The purpose of this staff report is to provide the Board of County Commissioners with background information and the attached SHIP annual report and to obtain Board authorization for the Chairman to sign the Certification Form for the attached SHIP annual report (see attachment #3). RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Approve the Draft SHIP 2023 annual report and authorize its formal submission to the Florida Housing Finance Corporation; and 2. Authorize the Chairman to sign the Certification form; and 3. Authorize staff to make any minor reporting changes to the annual report and Certification form that may be requested by the Florida Housing Finance Corporation. 2 252 Attachments: 1. SHIP Funds and Applicants Information Summary 2. SHIP Annual Closeout Report for FY 2020-2021 with Interim Year 1 FY 2021-2022 Data, and Interim Year 2 FY 2022-2023 Data 3. 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O N N c m m m m M m O N M N f� M m M m M m m M m m O t` N m m m m M m M m O m m M h A N O C E c aQ p p FA H H 64,691, 69 H 1-1-1-1-1 p- to H H H UY to U9 (A to to p p to EA 59 p H J o W LLM V N ID h mm o N M V o wt- m m O N M V m fD P m m O N M d' m m m m m m 01 00 0 0 0 0 0 0 0 0 0 N N N N J Q N t+f V 1(1 iD 1� a0 N O N t+1 V (A t0 1� a0 m O a- N M V (f1 t0 f� m m 0 N ~ r m m m m m m m m m m m m m m of 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 0 N 0 N o O N m N N N N N N N N N N N N N N N N N N N N N N N F- Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Title: SHIP Annual Report Report Status: Unsubmitted Indian River County FY 2020/2021 Closeout Form 1 Page 1 Attnent 2 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 SHIP Distribution Summary Homeownership Homeownership Totals: $358,699.60 18 Rentals Amount Expended $.00 Encumbered I Unencumbered I Code Strategy Amount Units Amount Units Amount Units 2 LDPC- Dn Pay / Impact $136,724.00 Fee 5 3 RL- Rehab Loan $143,965.70 4 6 Emergency Rehab 1 $78,009.90 g Homeownership Totals: $358,699.60 18 Rentals Rental Totals: Subtotals: $358,699.60 Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds $.00 $.00 $19,191.33 $.00 18 Totals: $377,890.93 18 $.00 $.00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount Expended I $.00 Encumbered I I Unencumbered I I Code Strategy Amount I Units Amount Units Amount Units Rental Totals: Subtotals: $358,699.60 Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds $.00 $.00 $19,191.33 $.00 18 Totals: $377,890.93 18 $.00 $.00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount State Annual Distribution $.00 Program Income (Interest) $5,453.94 Program Income (Payments) $378,372.66 Recaptured Funds $.00 Disaster Funds Other Funds Carryover funds from previous year $5,109.73 Total: $388,936.33 Form 2 Rental Unit Information * Carry Forward to Next Year: $11,045.40 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Page 2 256 Description Eff. 1 Bed ELI 383 411 VLI 638 684 LOW 1,022 1,095 MOD 1,533 1,642 Up to 140% 1,7881 1,916 Form SHIP AR,2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 2 Bed 3 Bed 4 Bed $358,699.60 549 719 889 18.37% 821 949 1,058 Owner Contribution 1,315 1,518 1,693 $1,152,600.97 1,971 2,278 2,541 2,2991 2,658 2,964 Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds Produced through June 30th for Units Amount of Funds Expended to Date % of Total Value SHIP Funds Expended $358,699.60 31.12% Public Moneys Expended $211,779.37 18.37% Private Funds Expended $582,122.00 50.51% Owner Contribution $.00 .00% Total Value of All Units $1,152,600.97 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab FL Statute Compliance Category SHIP Funds Trust Funds % of Trust Fund Minimum % Homeownership $358,699.60 $5,109.73 7019.93% 65% Construction / Rehabilitation $358,699.60 $5,109.73 7019.93% 75% Program Compliance - Income Set -Asides Income Category SHIP Funds Total Available Funds % " Extremely Low $45,302.90 11.65% Very Low $154,337.55 39.68% Low $126,964.00 32.64% Moderate $32,095.15 8.25% Over 120%-140% $.00 .00% Totals: $358,699.60 92.23% Project Funding for Expended Funds Only Page 3 257 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Income Category Total Funds Mortgages, Loans & DPL's Mortgages, Loans & DPL Unit #s Total Funds SHIP Grants SHIP Grant Unit #s Total SHIP Funds Expended Total # Units Extremely Low $45,302.90 2 0 $45,302.90 2 Very Low $154,337.55 7 0 $154,337.55 7 Low $126,964.00 6 0 $126,964.00 6 Moderate $32,095.15 3 0 $32,095.15 3 Over 120%-140% 01 0 $.00 0 Totals: $358,699.60 18 $.00 0 $358,699.60 18 Form 3 Page 4 258 Emergency Rehab Sebastian Special Target Group 1 Service Industry 1 LDPC- Dn Pay / Impact Fee Fellsmere Farm 1 and Each 1 Totals: 7 10 1 18 Race (Head of Household) Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Totals: 7 8 3 Demographics (Any Member of Household) List Unincorporated Special Target Group RL- Rehab Loan Service Industry RL- Rehab Loan Retail Sales and Each Farm Home - and Each LDPC- Dn Pay/Impact Fee Description Hisp- Worker Amer - Elderly Total Description Municipality White Black anic Asian Indian Other Total RL- Rehab Loan Unincorporated 2 1 1 1 4 Emergency Rehab Unincorporated 4 4 Emergency Rehab Sebastian 8 LDPC- Dn Pay / Unincorporated 1 3 Fellsmere 4 Impact Fee Emergency Rehab Sebastian 1 1 LDPC- Dn Pay/ Fellsmere 1 1 Impact Fee Totals: 7 8 3 Demographics (Any Member of Household) 18 Totals: 5 5 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside List Unincorporated Special Target Group RL- Rehab Loan Service Industry RL- Rehab Loan Retail Sales and Each Farm Home - Service Industry LDPC- Dn Pay/Impact Fee Description Municipality Worker less Elderly Total RL- Rehab Loan Unincorporated 1 1 Emergency Rehab Unincorporated 3 3 LDPC- Dn Pay/ Unincorporated 1 1 Impact Fee Emergency Rehab Sebastian 0 LDPC- Dn Pay / Fellsmere 0 Impact Fee 18 Totals: 5 5 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Status of Incentive Strategies Expended Funds 53,938.50 54,166.20 38,846.00 10,206.50 24,423.00 4,146.00 Total # of Expended Units 1 1 2 1 1 1 Page 5 259 Description Special Target Group RL- Rehab Loan Service Industry RL- Rehab Loan Retail Sales LDPC- Dn Pay/Impact Fee Service Industry Emergency Rehab Service Industry LDPC- Dn Pay/Impact Fee Educator/School Employee Emergency Rehab Educator/School Employee Form 4 Status of Incentive Strategies Expended Funds 53,938.50 54,166.20 38,846.00 10,206.50 24,423.00 4,146.00 Total # of Expended Units 1 1 2 1 1 1 Page 5 259 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Incentive option (ifOther) Category Status Year Adopted (or N/A) Expedited permitting Expedited Permitting- Required Implemented, 1994 i Housing Element Policy 1.5 ` in LHAP and 1.6 Ongoing review process Ongoing Reviev� Housing Required Implemented, 1994 Element Policy 1.7 in LHAP Flexible densities 20% Density Bonus- Required Implemented, 1998 Housing Element Policy 2.5 in LHAP Small Lot Subdivision Allowance of accessory Required Implemented, 1992 i dwelling units Regulations in LHAP 3 1995 Other Allowing Multi-Famiy in Required Implemented, Conjunction with In LHAP Commercial Required Implemented, Support of development Deveiopmnet Near 2010 near Transportation in LHAP transportation/employment Hubs/Employment-Housing hubs Element Policy 1.9 Required Implemented, 2010 Other Assistance to Non -Profits for Establishing Cl -Ts- In LHAP Housing Element Policy 4.10 Assistance to Non Profits Other Required Implemented, 2010 for Establishing CDCs - in LHAP Housing Element Policy 4.11 Other Assistance to Employers Required Implemented, 2010 for Employer Assisted in LHAP Hosuing - Housing Element Policy 4.13 Printed inventory of public Surplus Lands Policy 2.4 Required Implemented, 2010 owned lands Regulations Allowing Zero Required in LHAP Impleme11 nted, ' Other 2012 Lot Line Subdivisions in LHAP ` Other Establishment of LHAP- Required Implemented, . 1993 Housing Element Policies in LHAP 2.7, 3.6, 4.4, 4.6,4.7,4.9, and 9.1 Impact fee modifications SF Affordable Housing Required Adopted 2020 Impact Fee Waiver Impact fee modifications MF Affordable Housing Required Adopted 2022 Impact Fee Reduction/ Waiver Support Services Page 6 260 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 The County in conjunction with financial institutions, the County conducts a homebuyers education workshop program for all applicants who request purchase assistance. The County holds Indian River County SHIP Affordable Housing Partnership Meetings with local lenders and real estate professionals to provide updates on office policy changes to the SHIP program and invites them to join the SHIP program. SHIP staff works closely with Habitat for Humanity staff to provide loan assistance to qualified loan applicants. The Indian River County Council on Aging provides various services to elderly and handicapped individuals, including housing assistance. The Housing Authority and Economic Opportunity Council provides housing assistance to qualified households. County staff provides one-on-one assistance to applicants completing SHIP applications, resolving credit problems, referring applicants to appropriate financial institutions for acquiring first mortgages, and providing other assistance as needed. County SHIP staff, in conjunction with local financial institutions, non-profit organizations, and others, conducts informational workshops in the Gifford and Wabasso areas of the county, which have a high percentage of minorities and low-income households. Other Accomplishments At the end of June 2021, the Indian River County LHAP Program approved 18 loans with FY 2020/2021 program funding. LHAP Program staff held several public meetings and placed newspaper advertisements and announcements. Because of these efforts, the LHAP Program is well known to the public, and there are many more eligible applicants than the county can assist with available SHIP funds. Availability for Public Inspection and Comments Annual reports are provided to the public through AHAC, The Affordable Housing Partnership Group, The County Planning Division, and Municipalities within the county and the Counties website. Life -to -Date Homeownership Default and Foreclosure Total SHIP Purchase Assistance Loans: 848 Mortgage Foreclosures A. Very low income households in foreclosure: 47 B. Low income households in foreclosure: 53 C. Moderate households in foreclosure: 15 Foreclosed Loans Life -to -date: 115 SHIP Program Foreclosure Percentage Rate Life to Date: 13.56 Mortgage Defaults A. Very low income households in default: 0 B. Low income households in default: 0 C. Moderate households in default: 0 Defaulted Loans Life -to -date: 0 SHIP Program Default Percentage Rate Life to Date: 0.00 Strategies and Production Costs Page 7 261 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Strategy Average Cost Emergency Rehab $8,667.77 LDPC- Dn Pay/Impact Fee $27,344.80 RL- Rehab Loan $35,991.43 Expended Funds Total Unit Count: 18 Total Expended Amount: $358,699.60 Strategy Full Name Address City Zip Expended FY if Unit Code Funds Already Counted RL- Rehab Loan Melissa Hamm 2755 48th PL Vero Beach 32967 $53,938.50 Emergency Rehab Frances England 951 48th Ave Vero Beach 32966 $6,851.15 Emergency Rehab Daniel Thompson 703 5th ST SW Vero Beach 32962 $15,302.90 RL- Rehab Loan Dawn Womack 155 47th Ave Vero Beach 32968 $54,166.20 Emergency Rehab Alma Goff 505 22nd Ave Vero Beach 32962 $4,858.20 Emergency Rehab Carrie Oswald 2429 3rd Ave SW Vero Beach 32962 $5,109.38 RL- Rehab Loan Cynthia Baita 1356 21 St PL SW Vero Beach 32962 $30,000.00 LDPC- Dn Pay/Impact Fee Debra Corbet 1225 11th Ave SW Vero Beach 32962 $19,423.00 LDPC- Dn Pay/Impact Fee Racquel Shelton 1206 11th Ave SW Vero Beach 32962 $19,423.00 Emergency Rehab Tanya Hall 345 10th Court Vero Beach 32962 $4,550.00 Emergency Rehab Victoria Ramsey 2163 3rd ST SW Vero Beach 32962 $6,304.00 Emergency Rehab Denise Leake 8435 W 98th Ave Vero Beach 32967 $10,206.50 LDPC- Dn Pay/Impact Fee Sheena Cummings 1185 11th Ave SW Vero Beach 32962 $24,423.00 LDPC- Dn Pay/Impact Fee Lakeidra Drisdom 1159 11th Ave SW Vero Beach 32962 $19,423.00 Emergency Rehab Natasha Gindel- Torres 242 Delaware Ave Sebastian 32958 $4,146.00 RL- Rehab Loan Manuel Favela 3286 2nd ST Vero Beach 32968 $5,861.00 Emergency Rehab Qwontrae Sands 8540 64th Ave Vero Beach 32967 $20,681.77 LDPC- Dn Pay/Impact Fee Armando Magallon 10071 Grace Ave Fellsmere 32948 $54,032.00 Administration by Entity Name Business Type Strategy Covered Responsibility Amount Program Income Program Income Funds Page 8 262 Form 5 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Loan Repayment: $378,372.66 Refinance: $.00 Foreclosure: $.00 Sale of Property: $.00 Interest Earned: $5,453.94 Total: $383,826.60 Number of Affordable Housing Applications Number of Affordable Housing Applications Submitted 30 Approved 18 Denied Explanation of Recaptured funds Description Amount Total: $.00 Rental Developments Development Owner Address City Zip SHIP Amount SHIP Compliance Name Code Units Monitored By Single Family Area Purchase Price The average area purchase price of single family units: 252,000.00 Or Not Applicable Page 9 263 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Code(s) Strategies Expended Amount Units Encumbered Amount Units 2 LDPC- Dn Pay/Impact Fee $19,423.00 1 Amount Units 3 RL- Rehab Loan $84,166.20 2 6 Emergency Rehab $31,562.25 4 (3) RL- Rehab Loan Special Needs Category Breakdown by Strategy Provide a description of efforts to reduce homelessness: Providing down -payment closing costs and impact fee loans to help provide long-term affordable housing. Providing rehabilitation and emergency rehabilitation loans to provide long-term habitable and affordable housing. Interim Year Data Page 10 264 Expended Encumbered Strategies Special Needs Category Amount $22,154.05 Units Amount Units (6) Emergency Rehab Receiving Supplemental 2 Security Income $84,166.20 (3) RL- Rehab Loan Receiving Social Security 2 Disability Insurance $9,408.20 (6) Emergency Rehab Receiving Social Security 2 Disability Insurance $19,423.00 (2) LDPC- Dn Pay/Impact Receiving Supplemental 1 Fee Security Income Provide a description of efforts to reduce homelessness: Providing down -payment closing costs and impact fee loans to help provide long-term affordable housing. Providing rehabilitation and emergency rehabilitation loans to provide long-term habitable and affordable housing. Interim Year Data Page 10 264 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Page 11 265 Form SHIP AR2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Page 12 266 State Housine Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentives Certification On Behalf of Indian River County (Local Government), I hereby certify that: 1. The Annual Report information submitted electronically to Florida Housing Finance Corporation is true and accurate for the closeout year 2020/2021 and interim years 2021-2022 & 2022-2023 . 2. The local housing incentives or local housing incentive plan have been implemented or are in the process of being implemented. Including, at a minimum: a. Permits as defined in s.163.3164 (15) and (16) for affordable housing projects are expedited to a greater degree than other projects; and b. There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. 3. The cumulative cost per newly constructed housing per housing unit, from these actions is estimated to be $ 0.00 4. The cumulative cost per rehabilitated housing per housing unit, from these actions is estimated to be $ 0.00 Staff Member responsible for submitting annual report to FHFC: Chris Baiter Witness Signature Date Chief Elected Official or Designee Signature Imp H_ Farman Chairman Witness Printed Name Chief Elected Official or Designee Printed Name Witness Signature Date Witness Printed Name ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller ATTEST (Seal) Signature Date Date 420.9075 (10) Each county or eligible municipality shall submit to the corporation by September 15 of each year a report of its affordable housing programs and accomplishments through June 30 immediately preceding submittal of the report. The report shall be certified as accurate and complete by the local government's chief elected official or his or her designee. Transmittal of the annual report by a county's or eligible municipality's chief elected official, or his or her designee, certifies that the local housing incentive strategies, or, if applicable, the local housing incentive plan, have been implemented or are in the process of being implemented pursuant to the adopted schedule for implementation. Attac2o'1ant 3 M6 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Patrick J. Murphy; Senior Planner, Current Development DATE: July 18, 2023 SUBJECT: GRBK GHO North Beach, LLC's Request for Final Plat Approval for a Subdivision to be known as Seaglass PD [PD -19-12-06 / 2004120424-92471] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 15, 2023. DESCRIPTION & CONDITIONS: Schulke, Bittle, & Stoddard, LLC, on behalf of GRBK GHO North Beach, LLC (GHO), is requesting final plat approval for a residential development project to be known as Seaglass PD. Located within the overall Florida Beach Resort (Disney) PD, the project site is located on the south side of SR 510 (Wabasso Bridge Road), west of SR AIA. GHO is the successor developer of this portion of the overall conceptual PD project. The subject property is zoned RM -6, Residential Multiple -Family (up to 6 units/ acre), and has an M-1, Medium -Density Residential -1 (up to 8 units/ acre) land use designation (see Attachment 1). The density for Seaglass PD is 2.78 units per acre. The final plat application is on file with the Planning Division. Seaglass is a 72 -unit "plat -over" site plan project consisting of 44 single-family homes and 28 multi -family units (14 duplex buildings), whereby an individual lot will be established over each residential unit. Thus, each unit will be conveyed to a future owner on a fee -simple lot. On March 26, 2020, the Planning & Zoning Commission (PZC) granted preliminary planned development (PD) plan/plat approval for the Seaglass PD. After PZC approval, the developer obtained a land development permit, constructed the subdivision improvements, and obtained a Certificate of Completion from Public Works on June 8, 2023. The applicant has submitted the final plat in general conformance with the approved preliminary plat, and now requests that the Board of County Commissioners grant final plat approval for Seglass PD. ANALYSIS: All of the required improvements for Seaglass PD have been completed and inspected, and a Certificate of Completion was issued on June 8, 2023. All improvements (stormwater tracts, landscape tracts, roadways) will be private, with the exception of certain utility facilities which will be dedicated to and guaranteed to Indian River County after plat recordation, as required by the Utility Services Department. All requirements of final plat approval have been satisfied. C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C1A99AB\@BCL@5C1A99AB.doc Page 1 of 2 268 RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Seaglass PD. ATTACHMENTS: 1. Location Map 2. Final Plat Layout C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C1A99AB\@BCL@5C1A99AB.doc Page 2 of 2 269 Irmo �s- � i xo: Pi.rsse � i %' PeBT oe TIDs PUP .Wl�S M ' YTi DK 3X01lIM $ pP: PIP; 3 s z� 8� S S S S S. S S- W 8 � ® OO OW �JgFo �W� 5�8i K a ha °� Td: gra oz m°90 Y a Irmo �s- � i xo: Pi.rsse � i %' PeBT oe TIDs PUP .Wl�S M ' YTi DK 3X01lIM $ pP: PIP; 3 s P 8� S S S S S. 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IR N i tr ----------'l���/ 1 i � i gli �F Fai t ♦i EM, INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Erin Sawyer, Mitigation & Recovery Specialist Department of Emergency Services DATE: August 4, 2023 SUBJECT: Acceptance and Approval of Expenditures for Emergency Management Preparedness Assistance (EMPA) State -Funded Subgrant Agreement (Agreement # A0370) It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Each year, the Florida Division of Emergency Management, through the executive office of the Governor, administers the Emergency Management Preparedness Assistance Grant (EMPA) Subgrant in support of each Florida county following authorization under Chapter 252, Florida Statutes and State Rule Chapter 27P-19, Florida Administrative Code. The funding for the EMPA is used to enhance and improve emergency management mitigation, planning, response and recovery directly affecting the lives and property of Indian River County residents and visitors. In accordance with the Emergency Management 2021-2024 strategic plan, the items listed below will enhance the ability of Emergency Management to adequately respond to and recover from disaster events required within the EMPA scope of work and the County Comprehensive Emergency Management Plan as approved. FUNDING: This is a dollar for dollar state funded matching subgrant with Florida Division of Emergency Management. The term of the agreement is from July 1, 2023 through June 30, 2024. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. 275 The FY 2023/2024 EMPA grant is in the amount of $105,806 of which has been allocated for salary and benefits. Funds will be available in the General Fund/EMPA Grant/Salaries and Benefits accounts, number 00123825. The County is permitted to use a broad range of matching funds for which the Emergency Management budget is used as the matching for this grant. No additional funding is required. Account Name I Account Number Amount General Fund/EMPA Grant/Salary and Benefits 1 00123825-011120 $105,806 RECOMMENDATION: Staff recommends approval of the EMPA State -Funded Subgrant Agreement, associated expenditures, and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. ATTACHMENTS: 1. Two (2) Original Copies of FY 2023-2024 EMPA Agreement 2. IRC Grant Form 276 Agreement Number: A0370 STATE -FUNDED GRANT AGREEMENT EMERGENCY PREPARDNESS AND ASSISTANCE GRANT 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 Indian River County , (hereinafter referred to as the "Recipient'). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division AND Recipient agree to the following: (1) SCOPE OF WORK (a) The Recipient shall perform the work in accordance with the Scope of Work (Attachment A) and Proposed Budget Detail Worksheet (Attachment A (2)), of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS, AND POLICIES (a) As required by Section 215.971 (1), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. A provision specifying the financial consequences that apply if the Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that 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 Division. 277 (b) In addition to the foregoing, the Recipient and the Division shall be governed by all applicable State and Federal laws, rules, and regulations, including those identified in the Scope of Work (Attachment A). 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. (3) PERIOD OF AGREEMENT (a) This Agreement shall begin July 1, 2023 and shall end on June 30, 2024, unless terminated earlier in accordance with the provisions of Paragraph (12) TERMINATION. In accordance with Section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of Agreement. (4) FUNDING CONSIDERATION (a) This is a cost -reimbursement Agreement, subject to the availability of funds. (b) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. (c) The Division will reimburse the Recipient only for allowable costs incurred by the Recipient for the completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in the Proposed Budget Detail Worksheet (Attachment A (2)) The maximum reimbursement amount for the entirety of this Agreement is $105,806.00. (d) The Division will review quarterly requests for reimbursement by comparing the documentation provided by the Recipient against a performance measure, outlined in Scope of Work (Attachment A), and Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Attachment C) which clearly delineates: The required minimum acceptable level of service to be performed; and, The criteria for evaluating the successful completion of each deliverable. (e) 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 period of agreement and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Recipient. (f) For the purposes of this Agreement, the term "improper payment" means or includes: Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, 278 ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (g) As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accord with Section 112.061, Florida Statutes. The Recipient must submit submission of the claim on either their local travel voucher with supporting documentation and their local travel policy, or on the approved state travel voucher. (5) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress of all Recipients and subcontractors in completing the work described in the Scope of Work (Attachment A) and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than forty-five (45) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are September 30, December 31, March 31, and June 30. (c) The Close -Out Report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever occurs first. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work (Attachment A). (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information identified in the Division of Emergency Management Enterprise Solution (DEMES). (6) MONITORING (a) The Division is responsible for and shall monitor Recipients performance under this Agreement. Recipient shall monitor the performance of its contractors, consultants, agents, and who are paid from funds provided under this Agreement or acting in furtherance of this Agreement. 279 (b) In addition to reviews of audits conducted in accordance with Exhibit 1 — Audit Requirements, monitoring procedures may include, but not limited to, desk reviews and on-site visits by Division staff, limited scope audits, and other procedures. (c) Monitoring visits are performed to confirm grant requirements are being fulfilled to ensure correct and accurate documentation is being generated and to assist with any questions or concerns Recipients may have related to the grant. Recipients will be monitored programmatically and financially by the Division to ensure that all grant activities and project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. (d) On-site monitoring visits will be performed according to Division schedules, as requested, or as needed. At minimum, Recipients will receive monitoring from Division per year. If an on- site visit cannot be arranged, the Recipient may be asked to perform desk review monitoring. Additional monitoring visits may be conducted throughout the period of performance as part of corrective action when Recipients are demonstrating non-compliance. (7) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. (8) AUDITS (a) In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." (b) When conducting an audit of the Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." C! 280 (c) If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of such non-compliance. (d) The Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audits must be received by the Division no later than nine months from the end of the Recipient's fiscal year. (e) The Recipient shall send copies of reporting packages required under this paragraph directly to each of the following: The Division of Emergency Management DEMSingle Audit(cD_em.myflorida.com DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 (9) LIABILITY (a) Unless Recipient is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performed under this Agreement. For purposes of this Agreement, Recipient 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 Recipient which is a state agency or 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 Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a 281 state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11) REMEDIES; however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete, or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days, provide written notice to the Recipient and upon the Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in Paragraph (3) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds; (e) Exercise any corrective or remedial actions, to include but not be limited to: m 282 Request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance; Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; iii. Advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or; iv. Require the Recipient to reimburse the Division for costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION (a) The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of this Agreement. (d) In the event this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of this Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by 283 law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (13) PROCUREMENT (a) The Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§ 200.318 through 200.327, Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"), and Section 287.057, Florida Statutes. (b) As required by 2 C.F.R. § 200.318(i), the Recipient shall "maintain records sufficient to detail the history of procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." (c) As required by 2 C.F.R. § 200.318(b), the Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. (d) Except for procurements by micro -purchases pursuant to 2 C.F.R. § 200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. § 200.320(a)(2), if the Recipient chooses to subcontract any of the work required under this Agreement, then the Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Recipient within seven (7) business days. Consistent with 2 C.F.R. §200.325, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§ 200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. § 200.318(k), the Division will not substitute its judgment for that of the Recipient. While the Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the seven (7) business day window outlined above. If the Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: 284 Terminate this Agreement in accordance with the provisions outlined in paragraph (12) above; and, Refuse to reimburse the Recipient for any costs associated with that solicitation. (e) Except for procurements by micro -purchases pursuant to 2 C.F.R. § 200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. § 200.320(a)(2), if the Recipient chooses to subcontract any of the work required under this Agreement, then the Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Recipient within seven (7) business days. Consistent with 2 C.F.R. § 200.325, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§ 200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. § 200.318(k), the Division will not substitute its judgment for that of the Recipient. While the Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the seven (7) business day window outlined above. If the Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: Terminate this Agreement in accordance with the provisions outlined in Paragraph (12) above; and, Refuse to reimburse the Recipient for any costs associated with that subcontract. (f) The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (g) As required by 2 C.F.R. § 200.318(c)(1), the Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." I 285 (h) As required by 2 C.F.R. § 200.319, the Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Recipient shall not: i. qualify to do business; iii. affiliated companies; iv retainer contracts; v vi. offer an equivalent; Place unreasonable requirements on firms in order for them to Require unnecessary experience or excessive bonding; Use noncompetitive pricing practices between firms or between Execute noncompetitive contracts to consultants that are on Authorize, condone, or ignore organizational conflicts of interest; Specify only a brand name product without allowing vendors to vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; or, viii. Engage in any arbitrary action during the procurement process; ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. (i) Except in those cases where applicable Federal statutes expressly mandate or encourage otherwise, the Recipient, as required by 2 C.F.R. § 200.319(c), shall not use a geographic preference when procuring commodities or services under this Agreement. 0) The Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. § 200.320(b)(1) as well as Section 287.057(1)(a), Florida Statutes. (k) The Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. § 200.320(b)(2) as well as Section 287.057(1)(b), Florida Statutes. (1) FEMA has developed helpful resources for Sub -Recipients when procuring with federal grant funds because Sub -Recipients must comply with the Federal procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. These resources are generally available at https://www.fema.gov/procurement-disaster-assistance-team. FEMA periodically FE 286 updates this resource page so please check back for the latest information. While not all the provisions discussed in the resources are applicable to this subgrant agreement, the Sub -Recipient may find these resources helpful when drafting its solicitation and contract for compliance with the Federal procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. FEMA provides the following hands-on resources for Recipients of federal funding: 2018 PDAT Procurement Compliance Checklist for Public Assistance Applicants available at https://www.fema.gov/media-library-data/1569959172327- 92358d63e00dl7639d5db4de015184c9/PDAT ProcurementChecklist 11-21-2018.pdf 2019 PDAT Contract Provisions Template available at hftps://www.fema.gov/media-library-data/l 569959119092- 92358d63e00dl7639d5db4de015184c9/PDAT Con tractProvisionsTemplate 9-30-19.pdf (14) ATTACHMENTS AND EXHIBITS (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: Exhibit 1 — Single Audits Exhibit 2 — 27P-19 Administrative Code — EM Director Certification Attachment A — Scope of Work Attachment A (1) — Allowable Costs and Eligible Activities — Budget Directions Attachment A (2) — Proposed Program Budget Detail Worksheet Attachment A (3) — Quarterly Reports Attachment B — Justification of Advance Payment Attachment C — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Attachment D — Warranties and Representations Attachment E — Statement of Assurances 11 287 (15) NOTICE OF CONTACT (a) All notices provided by Recipient under or pursuant to this Agreement shall be in writing to Division's Grant Manager and delivered by standard or electronic mail using the correct information provided in Subparagraph 15(b) below. (b) The name and address of Division's Grant Manager for this Agreement is: Division Contractual Point of Contact Brandi King 2555 Shumard Oak Blvd., Suite 330J Tallahassee, FL 32399-2100 (850) 815-4340 Brandi.King@em.myflorida.com (e) The name and address of Division's Programmatic Reviewer for this Agreement is: Division Programmatic Point of Contact Terence Blakely 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4367 Terence.Blakely@em.myflorida.com (f) The name and address of Representative of the Recipient responsible for the administration of this Agreement is: Name: David Johnson Title: Director Address: 4225 43rd Avenue Vero Beach, FL 32967 Phone: 772-226-3947 Email: djohnson@ircgov.com (16) PAYMENTS (a) Any advance payment under this Agreement is subject to Section 216.181(16), Florida Statutes. All advances are required to be held in an interest-bearing account. If an advance payment is requested, the budget data on which the request is based, and a justification statement shall be included in this Agreement as Justification of Advance Payment as Attachment B. Justification of Advance Payment (Attachment B) will specify the amount of advance payment needed and provide an explanation 12 / ", of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. FDEM will only advance 50% of the total award amount. (b) Invoices shall be submitted to include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within forty-five (45) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Recipient's quarterly reporting as referenced in Paragraph (5) REPORTS of this Agreement. (c) If the necessary funds are not available to fund this Agreement as a result of action by the State Chief Financial Officer or under Paragraph (4) FUNDING CONSIDERATION of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. (17) REPAYMENTS (a) 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 mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (b) In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (18) MANDATED CONDITIONS AND OTHER LAWS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with (thirty) 30 days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision 13 289 shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) The Recipient agrees to comply with the Americans with Disabilities Act (Public Law 101- 336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (e) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (f) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; 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; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offenses enumerated in Paragraph (18)(f)(ii) of this certification; and iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default. (g) If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. (h) In addition, the Recipient shall send to the Division (via Division of Emergency Management Enterprise Solutions (DEMES) the completed "Certification Regarding Debarment, 14 Kill Suspension, Ineligibility And Voluntary Exclusion" (Attachment C) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (i) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of chapter 119, Florida Statutes, which the Recipient created or received under this Agreement. Q) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (k) The State of Florida will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324(a) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (1) Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political division granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. (m) The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, or 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, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (19) STATE REQUIREMENTS PERTAINING TO LOBBYING (a) Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." (b) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (20) COPYRIGHT, PATENT AND TRADEMARK 15 291 EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement that he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property that is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights that accrue during performance of this Agreement. (d) If the Recipient qualifies as a state university under Florida law, then, pursuant to Section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Recipient, under this Agreement, for Florida government purposes. (21) LEGAL AUTHORIZATION. (a) The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. 16 292 (22) STATEMENT AND ASSURANCES (a) The Recipient shall comply with any Statement of Assurances incorporated as Attachment E. (23) RECORDS (a) As a condition of receiving state financial assistance, and as required by Sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, 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 Recipient 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 Recipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term "Recipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. (b) The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: http://dos.mVflorida.com/library-archives/records- management/general-records-schedules/. (c) Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) all meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. 17 293 (d) Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. (e) The Recipient shall maintain all records for the Recipient 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 to determine compliance with the requirements and objectives of the (Attachment A 2) — Proposed Budget Detail Worksheet and Scope of Work (Attachment A) - and all other applicable laws and regulations. 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: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (24) TERMS AND CONDITION (a) This Agreement contains all the terms and conditions agreed upon by the parties. (25) EXECUTION (a) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (26) MODIFICATION (a) Either Party may request modification of the provisions of this agreement. Modifications of provisions of this Agreement are valid only when reduced to writing and duly signed by the Parties. (27) CONSTRUCTION and RENOVATION UK 294 Construction and renovation projects for a local government's principal Emergency Operations Center (EOC), are allowable under the EMPA Program. The Division must provide written approval prior to the use of any EMPA Program funds for construction or renovation. Requests for EMPA Program funds for construction of an EOC must be accompanied by a justification to their EMPA Grant Manager for review and processing. The above examples are not intended to exclude other construction projects as potentially allowable costs. For example, construction of a facility for the storage of critical emergency supplies, as a Point of Distribution (POD) for emergency distribution, and/or to serve as a staging area for deployment of emergency response resources is potentially an allowable expense. Other construction or renovation projects, such as a secondary or local EOC, will be considered on a case-by-case basis, with advance written approval. (28) REAL PROPERTY Section 287.05805, Florida Statutes, Contract requirement for use of state funds to purchase or improve real property—Each state agency shall include in its standard contract document a requirement that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. (29) CONTRACTING WITH SMALL AND MINORITY BUSINESSES (a) If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. § 200.321 and Section 288.703, Florida Statutes, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 19 295 iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i). through v. of this subparagraph. (b) The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. (c) The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub - Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. (d) The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). 20 296 STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT STATE - FUNDED SUBAWARD AND GRANT AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date set forth below. RECIPIENT: By: (Name and Title) Date: 59-6000674 Federal Identification Number UEID/SAM Number If signing electronically: By providing this electronic signature, / am attesting that / understand that electronic signatures are legally binding and have the same meaning as handwritten signatures. / am also confirming that internal controls have been maintained, and that policies and procedures were properly followed to ensure the authenticity of the electronic signature. This statement is to certify that / confirm that this electronic signature is to be the legally binding equivalent of my handwritten signature and that the data on this form is accurate to the best of my knowledge. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Kevin Guthrie, Division Director Date: 21 297 FY 2023 — 2024 EMPA AGREEMENT EXHIBIT 1 — SINGLE AUDITS AUDIT COMPLIANCE CERTIFICATION Email a copy of this form at the time of agreement submission to the Division at: DEMSingle Audit(d_)em.myflorida.com. Recipient: Indian River County FEIN: 59-6000674 Sub- Recipient's Fiscal Year: 2023-2024 Contact Name: David Johnson Contact's Phone: 772-226-3947 Contact's Email: Djohnson@ircgov.com 1. Did Recipient expend the State Financial Assistance, during its fiscal year, that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Recipient and the Florida Division of Emergency Management (Division)? ❑Yes ❑No If the above answer is yes, answer the following before proceeding to item 2. Did Recipient exceed $750,000 or more of State financial assistance (from DIVISION and all other sources of State financial assistance combined) during its fiscal year? ❑Yes ❑No If yes, Recipient certifies that it will timely comply with all applicable State single or project specific audit requirements of section 215.97(2)(i), Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did Recipient expend Federal awards during it fiscal year that it received under any agreement (e.g. contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Recipient and Division? ❑Yes ❑No If the above answer is yes, answer the following before proceeding to item 2. Did Recipient exceed $750,000 or more of federal awards (from Division and all other sources of federal awards combined) during its fiscal year? ❑Yes ❑No If yes, Recipient certifies that it will timely comply with all applicable single or program — specific audit requirements of title 2 C.F.R. part 200, subpart F, as adopted and supplement by DHS at 2 C.F.R. part 200. By signing below, I certify, on behalf of Recipient, that the above representations for items 1 and 2 are correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative ON 298 FY 2023 — 2024 EMPA AGREEMENT EXHIBIT 2— 27-19 FLORIDA ADMINISTRATIVE CODE EM DIRECTOR CERTIFICATION In accordance with the 2023-2024 Emergency Management Preparedness and Assistance Grant agreement, which shall begin July 1, 2023 and shall end on June 30, 2024, and to remain consistent with section 252.38(1)(c), Florida Statutes and Rules 27P-19.005(4) and (5), Florida Administrative Code, in order to receive EMPA funding, each County Emergency Management Agency shall annually certify on their Exhibit 3 their commitment to employ and maintain a Director. I, John A. Titkanich, Jr. (Name) certify compliance with the requirements for the 2023- 2024 Emergency Management Preparedness and Assistance grant program. Indian River County (Recipient) has employed an EM Director & EM Coordinator (EM Director) pursuant to Section 252.38(3)(b), Florida Statutes. John A. Titkanich, Jr. also certify that I am the official representative for Indian River County (Recipient) and have authority to bind (Recipient) to this certification of compliance. Signed by: Printed Name: John A. Titkanich, Jr. Title: County Administrator Date: Phone/Email: 772-226-1408/jtitkanich@ircgov.com 23 Indian River County 299 Attachment A Scope of Work FY 2023-2024 EMPA Agreement I. GENERAL POLICY The purpose of the Emergency Management Preparedness and Assistance Grant (EMPA) is to provide state funds to assist local grovernments in preparing for all hazards as authorized by Section 252.373, Florida Statutes. Funds shall be allocated to implement and administer county emergency management programs, to support the following activities: • Planning • Organization • Equipment • Training • Exercise, and • Management and Administration Pursuant to Rule 27P-19.010(11), Florida Administrative Code, the Division shall determine allowable costs in accordance with 48 C.F.R. Part 31, entitled "Contract Cost Principles and Procedures." 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." II. TASKS AND QUARTERLY DELIVERABLES Recipient shall support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas described in the National Preparedness Goal. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man- made disasters/emergencies. The Recipient must successfully complete the following Tasks and Deliverables throughout the period of performance. Quarterly deliverables must be uploaded through the Division of Emergency Management Enterprise Solution (DEMES) portal. TASK 1: CERTIFICATION OF COUNTY EMERGENCY MANAGEMENT STAFF A. EMERGENCY MANAGEMENT DIRECTOR AND STAFF CERTIFICATION Pursuant to Section 252.38(1)(c), Florida Statutes, the County Emergency Management Agency shall perform emergency management functions throughout the Jurisdictional limits of the county in which it is organized. Pursuant to Rule 27P-19.004, Florida Administrative Code, each County Emergency Management Agency must annually certify their commitment to employ and maintain a director consistent with Rule 27P-19.005(4) and (5), Florida Administrative Code. To demonstrate successful completion, the Recipient must submit the following into DEMES: DELIVERABLES: • Exhibit 3 — Certification letter for the Emergency Management Director in accordance with Rule 27P-19.004, Florida Administrative Code, in accordance with Table below. 24 300 • Reporting Form 4 — Staffing Detail and Position Descriptions for funded emergency management staff in accordance with Table below. REPORTING REQUIREMENTS Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Updates Only Updates Only Updates Only TASK 2: LOCAL COST SHARE CERTIFICATION A. COST SHARE Pursuant to Rule 27P-19.011(1), Florida Administrative Code, Recipient shall provide documentation to show cost share amount either equal to the average of the County Emergency Management Agency's previous three years' level of general revenue funding or the level of funding for the last fiscal year, whichever figure is lower. If the Recipient demonstrates that exceptional financial circumstances prevent the Recipient from complying with the cost share match requirements specified in Rule 27P-19.011(1), Florida Administrative Code, then the Recipient may request that the Division authorize a reduction in the amount of cost share required. All requests for cost share reduction shall be submitted no later than forty-five (45) days after the county budget has been approved pursuant to Rule 27P-19.011(2). To demonstrate successful completion, the Recipient must submit the following in DEMES: DELIVERABLES: • Reporting Form 3 — Local Cost Share Certification in accordance with Table below. • A copy of the current and accurate Local Budget (General Revenue) including the signed budget in accordance with Table below. • A copy of the Emergency Management general revenue expenditure (general ledger) report in accordance with Table below. REPORTING REQUIREMENTS: Quarter 1 Quarter 2 Quarter 3 Quarter 4 N/A Deliverables Due Updates Only Updates Only TASK 3: RESPONSE CAPABILITIES A. Equipment Inventory and Availability Pursuant to Section 252.35(2)(s), Florida Statutes, the Division must maintain an inventory of portable generators owned by the state and local governments which can operate during a major disaster. Upon notification by the Director or State Emergency Response Team (SERT) Chief, the Agency in possession of the portable generators shall make such generators available for deployment on behalf of the Division. 25 301 DELIVERABLES: • Complete an inventory of portable generators owned by the local governments which can operate during a major disaster. The inventory must identify: o The location of each generator; o The number of generators stored at each specific location; o The agency to which each generator belongs; o The primary use of each generator by the owner agency; and o The names, addresses, and telephone numbers of persons having the authority to loan the stored generators as authorized by the Division during a declared emergency. To demonstrate successful completion, the Recipient must submit the above information to the Division's WEBEOC Equipment Inventory Board no later than March 31, 2024. REPORTING REQUIREMENTS: Quarter 1 Quarter 2 Quarter 3 Quarter 4 N/A N/A Deliverables Due Updates Only B. Logistics Staging Areas To meet the immediate needs of survivors of disasters, the State has developed the capacity to establish Logistics Staging Areas to expedite the recovery process. In accordance with the Division's State Logistics Staging Areas (LSA) Operations Guidance, Recipients are requested to identify areas that will be used for the staging of emergency supplies, such as water, fuel, generators, vehicles, equipment, and other related materials. Upon activation, the Field Logistics Unit or Logistics Section Chief will make a request for utilization of areas uploaded into the WEBEOC Emergency Site Board. DELIVERABLES: • GIS or aerial photo map of the site, showing the boundaries of the usable space and any points of entry or exit, should be made available to locations. Population Requirements are as follows: o For Counties with a population above 500,000, provide the Division with three (3) LSA locations. o For Counties with a population above 100,000 but below 500,000, provide the Division with two (2) LSA locations. o For Counties with a population below 100,000, provide the Division with one (1) LSA location. To demonstrate successful completion, Recipient must submit upload the above information to the WEBEOC Emergency Site Board no later than June 30, 2024. REPORTING REOUIREMENTS- Quarter 1 Quarter 2 Quarter 3 Quarter 4 NA NA NA Deliverables Due 26 302 FY 2023 — 2024 EMPA AGREEMENT ATTACHMENT A (1) ALLOWABE COSTS AND ELIGIBLE ACTIVITIES — BUDGET DIRECTIONS I. CATEGORIES AND ELIGIBLE ACTIVITIES The 2023 EMPA Funding Guidance allowable costs are divided into the following categories: Planning, Organization, Equipment, Training, Exercise, and Management and Administration. A. PLANNING Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Plans should have prior review and approval from the respective DEM state program. Funds may not be reimbursed for any plans that are not approved. EMPA Program funds may be used to develop or enhance emergency management planning activities. Some examples include, but not limited to: • Emergency Operation Plans/ Local Comprehensive Emergency Management Planning • Communications Plans • Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Sheltering and Evacuation Planning • Recovery Planning • Continuity Plans For planning expenditures to qualify for reimbursement under this Agreement, the Recipient must submit a final plan to the Division for approval. As part of any request for reimbursement for planning expenditures, the Recipient must submit the following: • Copies of contracts or agreements prior to contracting with consultants or sub -contractors providing services; • Invoice from any consultant/contractor involved in the planning (); • Copies of all planning materials and work product (e.g. meeting documents, copies of plans); • If a meeting was held by Recipient, an agenda and sign -in sheet with meeting date • Proof of payment (e.g. , credit card statement, Bank Statement); • Complete debarment form and/or Sam.gov for any contractors/consultants; • Proof of Procurement method (e.g. quotes, and or Solicitation); B. OPERATIONAL EMPA Program funds may be used for all day-to-day preparedness activities in support of the four phases of emergency management (preparedness, response, recovery, and mitigation). Rules 27P-19.004 and 27P-19.0061, Florida Administrative Code., outline the minimum performance level (definition below). Each Emergency Management staff person must be available to work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within the jurisdiction on a 24-hour basis. Eligible "Operational Cost' items include, but are not limited to: • Salaries and Fringe Benefits 27 303 • Utilities (electric, water and sewage) • Service/Maintenance agreements (provide vendor debarment and service agreement for contractual services) • Office Supplies/Materials • IT Software Upgrades • Memberships • Publications • Postage • Storage • Other Personnel/Contractual Services • Reimbursement for services by a person(s) who is not a regular or full-time employee filling established positions. This includes but is not limited to temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. ■ Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes should also be supplied when requesting pre -approval. These requests should be sent to the grant manager for the Division for review. Funding for Critical Emergency Supplies Critical emergency supplies—such as shelf stable products, water, and basic medical supplies—are an allowable expense under EMPA. DHS/FEMA must approve a state's five-year viable inventory management plan prior to allocating grant funds for stockpiling purposes. The five-year plan should include a distribution strategy and related sustainment costs if the grant expenditure is over $100,000. Operational Costs Supporting Documentation If the recipient seeks reimbursement for operational activities, then the following shall be submitted: For salaries, provide copies of payroll expendiure reports Expense items need to have copies of invoices, or receipts and proof of payment (credit card statements, bank statements) for. All documentation for reimbursement amounts must be clearly visible and defined (i.e., highlighted, underlined, circled on the required supporting documentation). Please Note: You can only charge 1 % of the total award amount for apparel and promotional items. C. EQUIPMENT Pursuant to 27P-19.010 Disbursement. Allowable equipment costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars, or, in the event no circular applies, by 48 C.F.R. part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. If an item qualifies as reasonable and necessary, and the item is EMPG-coded on the FEMA AEL, then the Recipient does not need to obtain permission from the Division prior to purchasing the item in order to seek reimbursement. If the Recipient seeks reimbursement for the purchase of an item that is not EMPG-coded on the FEMA AEL, then the Recipient must receive permission from the Division prior to purchasing the item. If the Recipient purchases such an item without receiving permission from the Division beforehand, then the Division will not provide any reimbursement for that purchase. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment (PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment (Category 5) • Interoperable Communications Equipment (Category 6) • Detection Equipment (Category 7) 304 • Power Equipment (Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19) • Other Authorized Equipment (Category 21) The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs and can be located at https://www.fema.gov/authorized-equipment-list. If Recipients have questions concerning the eligibility of equipment, they shall contact their Grant Manager for clarification. Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. _Equipment Acquisition Costs Supporting Documentation • Provide copies of invoices, or receipts, proof of payment credit card statements, bank statements for. • Provide the Authorized Equipment List (AEL) # for each equipment purchase. D. TRAINING EMPA Training funds may be used for a range of emergency management -related training activities to enhance the capabilities of state and local emergency management personnel through the establishment, support, conduct, and attendance of training. Training should foster the development of a community - oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. The Recipient can successfully complete an authorized course either by attending or by conducting that course. • In order to receive payment for successfully attending a training course, the Recipient must provide a certificate of completion;, all receipts that document the costs incurred by the Recipient in order to attend the course. • In order to receive payment for successfully conducting a course, the Recipient must provide the course sign -in sheet. with all receipts that document the costs incurred by the Recipient in order to conduct the course. • In order to receive payment for successfully conducting a workshop, the recipient must provide workshop sign -in sheets, materials used for workshop, and all receipts that document the costs incurred by the Recipient in order to conduct the workshop. For training, the number of participants must be a minimum of fifteen (15) in order to justify the cost of holding a course. For questions regarding adequate number of participants, please contact the Division State Training Officer for course specific guidance. Unless the recipient receives advance approval from the State Training Officer for the number of participants, then the Division must reduce the amount authorized for reimbursement on a pro -rata basis for any training with less than fifteen (15) participants. Allowable training -related costs include the following: 29 305 Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Integrated Preparedness Program (IPP) and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analyze, Design, Develop, Implement and Evaluate (ADDIE) model for instruction design. Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved training courses and programs are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. Conferences The Division recognizes the important role that conferences can play in the professional development of emergency managers. Rule 691-42.002(3), Florida Administrative Code, defines the term conference as The coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion, and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. For travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Agreement. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 691-42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. In pertinent part, Rule 691-42.004(1), Florida Administrative Code, states "No public funds shall be expended for attendance at conferences or conventions unless: 30 306 • The main purpose of the conference or convention is in connection with the official business of the state and directly related to the performance of the statutory duties and responsibilities of the agency participating; • The activity provides a direct educational or other benefit supporting the work and public purpose of the person attending; • The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the conference or convention; and • The request for payment of travel expenses is otherwise in compliance with these rules. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 691-42.004, Florida Administrative Code, conferences may qualify for reimbursement under this Agreement: Requests for reimbursement for payment of the registration fee or for a conference or convention must include: A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee; • A copy of local travel policy; and, • A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. When a meal is included in a registration fee, the meal allowance must be deducted from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state"). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. Class A, Class B, and Class C Travel: Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day (midnight to midnight). Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters. The travel day for Class B travel begins at the same time as the travel period. Class C travel is short or day trips in which the traveler is not away from his/her official headquarters overnight. Class C allowances are currently not authorized for reimbursement. Meal Allowance and Per Diem: Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal -during a travel period as follows: $6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.); $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061 (a), Florida Statutes, establishes the per diem amounts. All travelers are allowed: The authorized per diem for each day of travel; or, If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. 31 307 Per diem shall be calculated using four six -hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, or $19 for dinner unless: • For counties —the requirements of section 112.061(14), Florida Statutes, are satisfied; • The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and, • The costs do not exceed the reimbursement rates established by the United States General Services Administration ("GSA") for that locale (see https://www.gsa.gov/portal/content/104877). Hotel Accommodations • A traveler may not claim per diem or lodging reimbursement for overnight travel within fifty (50) miles (one-way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. • Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $175 per night. Training Costs Supporting Documentation • Copies of contracts or agreements with consultants or sub -contractors providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment; • Copies of the agenda, certificates and/or sign in sheets (if using prepopulated sign in sheets they must be certified by the Emergency Management Director or Lead Instructor verifying attendance). For travel and conferences related to EMPA activities: • Copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference; • Copies of Conferences must be providing an agenda. Proof of payment is also required for all travel and conferences. If the Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Recipient in its regular operations as a result of the Recipient's written travel policy; and participation of the individual in the travel is necessary to the Federal award. E. EXERCISES Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's Integrated Preparedness Program (IPP) for the core capabilities needed to address its greatest risks. Allowable Exercise -Related Costs • Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Recipients are encouraged to use free public 32 308 space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises shall provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, shall be identified in the AAR/IP and addressed in the exercise cycle. Hiring of Contractors or Consultants. Contractors or Consultants may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the local government. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, fuel, and disposable protective equipment). Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Recipients are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. When conducting an exercise that shall include meals for the attendees, the recipient shall submit a request for approval to the Division no later than twenty-five (25) days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. Unauthorized Exercise -Related Costs • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage; • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs); • Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct. If the recipient seeks reimbursement for exercise activities, then the following shall be submitted: • Documentation clearly indicating the purpose/objectives of the exercise (e.g. Situation Manual, Exercise Plan); • After -action report with Improvement Plan (AAR/IP), Sign -In sheets, Agenda; • Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit card statement, bank statement) for supplies expenditures (e.g. copying paper, gloves, tap, etc.); 33 309 • Invoices and proof of payment for Travel costs (e.g., internal travel voucher, airfare, mileage, per diem, hotel) related to exercise activities; • Proof of purchase methodology, if applicable (e.g. quotes, sole source, state contract, competitive bid results). No later than 90 days after completion of an exercise, the recipient must upload to the DEMES an After Action Report (AAR) that includes the following: An Improvement Plan; and, A roster of participants. F. MANAGEMENT AND ADMINISTRATIVE (M&A) M&A activities are those defined as directly relating to the management and administration of EMPA Program funds, such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. Management and Administrative Costs Supporting Documentation • Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports); • Costs for M&A activities are allowed up to 5% of the total award amount. Supplanting Prohibited Section 252.372, Florida Statutes, states that the monies from the EMPA Trust Fund "may not be used to supplant existing funding." Additionally, Rule 27P-19.003(3), Florida Administrative Code, states: "Funds received from the [EMPA] Trust Fund may not be used to supplant existing funding, nor shall funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund." II. OTHER CRITICAL INFORMATION A. RULE 27P-19, FLORIDA ADMINISTRATIVE CODE Rule 27P-19.010(11), Florida Administrative Code, states: "Allowable costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars..." Therefore, unless a specific exception applies, 2 CFR Part 200 Subpart A (Definitions) and Subpart E (Cost Principles) shall apply to this Agreement. Expenses To qualify for reimbursement under the terms of this Agreement, an expense incurred by the Recipient must be reasonable and necessary for the successful completion of a task required by this Agreement. If an expense fails to qualify as either reasonable or necessary to successfully compete a task, then the Division shall not provide any reimbursement for that expense. NOTE: This Scope of Work recognizes that each Recipient: • Might be at a different level of preparedness than another Recipient • Operates within a unique geography • Faces unique threats and hazards • Serves a unique population Therefore, what might qualify as reasonable and necessary for one Recipient to successfully complete a task under this Agreement might not qualify as reasonable and necessary for another Recipient to successfully complete a task. Conversely, what might not qualify for one may qualify for another. 34 310 To avoid a "one size fits all" approach, this Agreement provides some level of flexibility. If a unique cost (e.g. equipment not listed on the EMPG AEL) qualifies as reasonable and necessary for the successful completion of a task under this Agreement, and if the Recipient receives permission from the Division prior to incurring that unique cost, then the Division shall reimburse the Recipient for that cost. Performance To qualify for reimbursement under the terms of this Agreement, the Recipient's performance must satisfy the minimum level of service required for the successful completion of a task required by this Agreement. If the performance fails to satisfy the minimum level of service, then the Division shall not provide any reimbursement for that performance. B. INDIRECT COSTS Indirect cost is allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Recipients with a negotiated cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Recipients that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at time of application. Post -award requests to charge indirect cost will be considered on case-by-case basis and based upon the submission of an agreement or proposal. C. PROCUREMENT All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Any local procurement policy. Per 2 CFR 200.318 through 200.326, Recipients are required to adhere to certain procurement standards for entering contracts for personnel or services. This includes full and open competition, methods of procurement to follow, federal or passthrough entity review, and including federal provisions intro contracts. D. FINANCIAL CONSEQUENCES: If a recipient fails to comply with the terms and conditions of the State award, the Division may terminate the award in whole or part. If the noncompliance can be corrected, the Division may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be correct or the recipient is nonresponsive, one or more of the following steps may be taken: (1) Temporarily withhold payments pending correction of the deficiency by the recipient. (2) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (3) Wholly or partly suspend or terminate the award. (4) Take other remedies that may be legally available. 35 311 FY 2023 — 2024 EMPA AGREEMENT ATTACHMENT A (2) PROPOSED PROGRAM BUDGET DETAIL WORKSHEET The Recipient shall use the Emergency Management Preparedness and Assistance ("EMPA") Trust Fund monies authorized by this Agreement in order to complete the tasks outlined in the Scope of Work (Attachment A). The "Proposed Program Budget Detail Worksheet" serves as a guide for both the Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment A). Prior to execution of this Agreement, the Recipient shall complete the "Proposed Program Budget Detail Worksheet" listed below. If the Recipient fails to complete the "Proposed Program Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Recipient may change the allocation amounts in the "Proposed Program Budget Detail Worksheet." If the Recipient changes the "Proposed Program Budget Detail Worksheet", then the Recipient's quarterly reports must include an updated "Proposed Program Budget Detail Worksheet" to reflect current expenditures. BUDGET SUMMARY AND EXPENDITURES RECIPIENT: XXXXXXX, COUNTY OF AGREEMENT: A0000 1. PLANNING $ 2. ORGANIZATION $ 105,806.00 3. EQUIPMENT $ 4. TRAINING $ 5. EXERCISE $ 6. MANAGEMENT AND ADMINISTRATION $ 7. TOTAL AWARD $ 105,806.00 FY 2023-2024 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET - ELIGIBLE ACTIVITIES Not limited to activities below Allowable Planning Costs Quantity Unit Cost Total Cost Emergency Operations Plan Salaries and Fringe Benefits Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $ o.00 Allowable Organization Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits 1 $105,806.00 $105,806.00 Utilities (electric, water and sewage) 36 312 Service/Maintenance agreements Supplies/Materials Memberships Publications Postage Storage TOTAL ORGANIZATION EXPENDITURES $105,806.00 Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology Cybersecurity enhancement equipment Interoperable communications equipment Detection Equipment Power equipment CBRNE Reference Materials CBRNE Incident Response Vehicles Physical Security Enhancement Equipment Logistics Other authorized equipment costs 21 GN-00-OCEQ - EOC Equipment & Supplies (provide description of EOC equipment & supplies) TOTAL EQUIPMENT EXPENDITURES $ Allowable Training Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Develop, Deliver Training Workshops and Conferences 313 Certification/Recertification of Instructors Travel Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES $ Allowable Exercise Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Design, Develop, Conduct and Evaluate an Exercise in accordance with HSEEP standards Exercise Planning Workshop Travel Supplies Overtime and Backfill TOTAL EXERCISE EXPENDITURES Allowable Management and Administration Costs Up to 5% of total award Quantity Unit Cost Total Cost Salaries and Fringe Benefits TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURES $105,806.00 REVISION DATE: 314 FY 2023 — 2024 EMPA AGREEMENT ATTACHMENT A (3) — QUARTERLY REPORTS Recipients must provide the Division with quarterly financial reports and a final close-out report. • Quarterly financial reports are due to the Division no later than forty-five (45) days after the end of each quarter of the program year and must continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31, and June 30. Reporting Period Report due to Division no later than July 1 through September 30 November 15 October 1 through December 31 February 15 January 1 through March 31 May 15 Aril 1 through June 30 August 15 The Recipient shall provide all support documentation for the quarterly financial reports. A. The Recipient must provide all supporting documentation for the quarterly financial reports. The Division shall accept back up documentation by email if the County is not able to upload on Salesforce. B. The Quarterly Tasks form 1 B is due with your quarterly financial report each quarter. This form identifies all Emergency Management personnel's required training completed (or working towards completion) as well as quarterly deliverables during the agreement period. C. In order to ensure compliance with Rule 27P-19.011, Florida Administrative Code, the Local Budget Match Requirement Form shall be completed and sent when the Local County Budget is approved or by November 15, 2023. The County shall provide a copy of the current Emergency Management Local Budget (General Revenue) including approved budget date with the form. If the County's current budget is lower than the previous year, or the average of the last three years, the county is required to request a Waiver no later than forty-five (45) days after the county budget is approved. D. In a format provided by the Division, Form 4 — Staffing Detail and position descriptions of each funded county emergency management staff shall be submitted no later than November 15, 2023, or along with 1st quarter reimbursement submission, whichever occurs first. E. The final close-out report is due sixty (60) days after termination of this Agreement by August 30, 2024, or 60 days after completion of activities contained in this agreement, whichever occurs first. F. An administrative closeout may be conducted when a recipient is not responsive to the Division's reasonable efforts to collect required reports, forms, or other documentation needed to complete the standard award and/or closeout process. FDEM will make three written attempts to collect required information before initiating an administrative closeout. If an award is administratively closed, FDEM may decide to impose remedies for noncompliance per 2 C.F.R. § 200.339, consider this information in reviewing future award applications, or apply special conditions to existing or future award 39 315 FY 2023— 2024 EMPA AGREEMENT ATTACHMENT B JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS Fiscal Year 2023 Anticipated Expenditures for (list applicable line items) First Three Months of Contract For example ADMINISTRATIVE COSTS: For example PROGRAM EXPENSES: TOTAL EXPENSES: LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include, but is not limited to the following: quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) *REQUESTS FOR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE BY CASE BASIS* Signature of Recipient/Subcontractor's Authorized Official Date: Name and Title of Recipient/Subcontractor's Authorized Official 316 FY 2023 — 2024 EMPA AGREEMENT ATTACHMENT C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies, by submission of this document, 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. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title Division Contract Number Street Address City, State, Zip Date Project Number 41 317 FY 2023— 2024 EMPA AGREEMENT ATTACHMENT D WARRANTIES AND REPRESENTATIONS Financial Management Recipient's financial management system must include the following: (1) Accurate, current, and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income, and interest. (3) Effective control over and accountability for all funds, property, and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition (1) All procurement transactions shall be done in a manner to provide open and free competition. (2) Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. (3) Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality, and other factors. (4) Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill for the bid or offer to be evaluated by the Recipient. All bids or offers may be rejected when it is in the Recipient's interest to do so. 42 318 Codes of Conduct Recipient warrants the following: (1) The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. (2) No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. (3) The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. (4) The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from (Monday) through (Friday), and from (times) ( 8:30am ) to ( 5:00pm ) Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all the particular work for which they are hired by the Recipient. 43 319 FY 2023 — 2024 EMPA AGREEMENT ATTACHMENT E STATEMENT OF ASSURANCES The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also, the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants (5 USC 1501, et. Seg.). 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to 320 identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (See 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its Recipients and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a Recipient of funds, the Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 45 321 GRANT NAME: EMPA Grant GRANT# A0370 AMOUNT OF GRANT: $ 105,806.00 DEPARTMENT RECEIVING GRANT: Emergency Services -Emergency Management CONTACT PERSON: Erin Sawyer PHONE NUMBER: 772-226-3990 1. How long is the grant for? 1 year Starting Date: July 1. 2023 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? XYes No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match 100.0% N/A 011.13 5. Grant match amount required $105,806 N/A N/A 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? General Fund Revenues 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or startup costs? N/A N/A (Attach a detail listing of costs) $ N/A N/A 8. Are you adding any additional positions utilizing the grant funds? If yes, please Fist. (If additional space is needed, please attach a schedule.) Yes X No Acct. Descri tion Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries & Wages N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 1 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 Worker's Com enation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Matching N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 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 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? $ N/A Signature of Preparer: 50k S"Oft Date: July 14, 2023 322 Grant Other Match Costs First Year 105,806 $105,806 N/A N/A Second Year N/A N/A N/A N/A Third Year S N/A S N/A N/A N/A Fourth Year N/A N/A N/A N/A Fifth Year N/A S N/A N/A N/A Signature of Preparer: 50k S"Oft Date: July 14, 2023 322 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: July 21, 2023 SUBJECT: Legal Services — Labor & Employment Matters BACKGROUND Indian River County Board of County Commissioners has been represented in labor and employment matters by Fisher & Phillips, LLP for many years. The services provided are specialized and require a high degree of expertise. Staff is well satisfied with the service provided by Fisher & Phillips. Effective October 1, 2023, the hourly rate for attorneys for services provided by Fisher & Phillips will increase from $295 to $305. The remittance to Fisher & Phillips in FY 2022 was $119,370.99 for legal services. FY 2023 year to date remittance has been $64,113.50. Funding for legal services is included in the current budget and is also budgeted in the upcoming FY 2024 budget. Expenses are dependent upon the number and complexity of legal issues that require representation. The increase in hourly attorney's fees represents a 3.4% increase. RECOMMENDATION: Staff respectfully recommends the Board of County Commissioners authorize the continuation of the engagement agreement with Fisher & Phillips to provide legal services for labor and employment matters. ATTACHMENTS: Fisher & Phillips, LLC Engagement Letter 323 Orlando 200 South Orange Avenue Suite 1100 Orlando, FL 32801 (407) 541-0888 Tel (407) 541-0887 Fax Writer's Direct Diah 407-541-0850 Writer's E-mail: jmandei@fisherphiilips.com John Titkanich, County Administrator Indian River County 1801 27th Street Vero Beach 32960 Re: Labor and Employment Services Dear Mr. Titkanich: As a long-time partner of the County, your satisfaction means a lot to us and we hope we've been successful in providing you excellent advice and counsel. I want to thank you for allowing us to provide legal services to the County. We have enjoyed working with the County's many outstanding employees and we hope to continue our relationship with the County for many more years to come. I'm writing to let you know that due to substantial increases in our operating costs affecting nearly every aspect of our practice, we propose to implement a new attorney hourly rate from $295 to $305, effective October 1, 2023. While we realize this hourly rate is an increase, it is still well below our private sector rates and is at or below what we are charging our other public sector clients. Moreover, we believe this rate is more than fair, particularly in light of the depth of knowledge and experience we have in representing public sector employers and the County. Please let us know if the County approves of this new rate. If you would like to discuss this request, please do not hesitate to contact me. Again, we look forward to continuing our relationship with the County. Very truly yours, a)eyv E. Mandel cc: Dylan Reingold, County Attorney Suzanne Boyll, HR Director Fisher & Phillips LLP Atlanta • Baltimore - Boston • Charlotte • Chicago • Cleveland • Columbia • Columbus - Dallas - Denver • Detroit • Fort Lauderdale • Gulfport • Houston Irvine • Kansas City Las Vegas • Los Angeles • Louisville • McLean • Memphis • Minneapolis • Nashville . New Jersey • New Orleans • New York • Orlando Philadelphia - Phoenix • Pittsburgh • Portland • Sacramento • San Diego • San Francisco • Seattle • Tampa - Washington, DC • Woodland Hills FP 46837308.1 324 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: July 21, 2023 SUBJECT: Approval of Blue Medicare Advantage Renewal RariM.Rni min• Under Florida Statute, retirees of the County are eligible to continue health insurance under the County's self-insured Group Medical Insurance Program. Beginning in 2008, retirees who attain age 65 are provided the option to enroll in the BlueMedicare Advantage Plan. The Board of County Commissioners approved the current BlueMedicare Advanced Platinum PPO with Dental, Hearing, Vision benefits in 2022 at a monthly premium of $270.28. Staff has been provided the annual renewal for this plan with a 5% increase in premium as noted below: Breakdown Info for GSS: Advanced Platinum PPO with DHV-current plan. Medical: $6.41 Rx: $264.09 D/V/H: $10.00 Fitness: 54.00 TOTAL: $284.50 per mbr/per mo Previous Rate: $270.28 Percent Change: 5% In order to provide retirees with the renewal information, the County Administrator has approved this plan offering under Resolution 2023-026 and the item is presented to the Board for ratification. FINANCIAL IMPACT: The financial impact of the renewal is $14.22 per month per enrolled member. Currently, we have fourteen (14) members enrolled in the Medicare Advantage Plan. Some retirees may qualify for subsidized premiums and the subsidized retiree premiums are funded from the OPEB Trust fund account 701038-368010. 325 RECOMMENDATION: Staff recommends and respectfully requests that the Board approve the renewal of the Blue Medicare Advanced Platinum PPO plan effective October 1, 2023 through September 30, 2024 and authorize the Chairman to execute the renewal agreement. ATTACHMENTS: • Indian River County Retiree BlueMedicare Advanced Platinum PPO effective October 1, 2023 • BlueMedicare Group Master Agreement 326 FloPid�B&M 0 9I MEDICARE Your local Blue Cross Blue Shield 2023 Summary of Benefits Medicare Advantage Plan with Part D Prescription Drug Coverage BlueMedicare Group PPO (Employer PPO) 10/1/2023 — 9/30/2024 BlueMedicare Advanced Platinum PPO with Dental, Hearing, Vision Indian River County BOCC #90000 The plan's service area includes: Nationwide Y0011_FBM1315 2022 EGWP_M 327 The benefit information provided is a summary of what we cover and what you pay. To get a complete list of services we cover, call us and ask for the "Evidence of Coverage." To get a complete list of the drugs we cover, call us and ask for the List of Covered Drugs ("Formulary'). You may also view the "Evidence of Coverage" and "Formulary' for this plan on our website, www.floridablue.com/medicare. If you want to know more about the coverage and costs of Original Medicare, look in your current Medicare & You handbook. View it online at www.medicare.gov or get a copy by calling 1 -800 -MEDICARE (1-800-633-4227), 24 hours a day, 7 days a week. TTY users should call 1-877-486-2048. Who Can join? You and your dependent(s) can join this plan if you are a retired employee of the group, and the following conditions are met: • You and your dependent(s) are entitled to Medicare Part A and enrolled in Medicare Part B ■ You and your dependent(s) live in the plan service area, and ■ You are identified as an eligible participant by your former employer Neither you nor your dependent(s) are eligible for this plan if: • You are an active employee of the group, or ■ You are a retired employee of the group with a dependent who is an active employee of the group and has coverage through the group's plan for active employees Our service area is nationwide. It includes all fifty states, the District of Columbia and the United States territories. Which doctors, hospitals, and pharmacies can I use? We have a network of doctors, hospitals, pharmacies, and other providers. If you use providers that are not in our network to receive medical services, you may pay more for these services. If you use pharmacies that are not in our network to fill your covered Part D drugs, the plan will generally not cover your drugs. You can see our plan's provider and pharmacy directory on our website (www.floridablue.com/medicare). Or call us and we will send you a copy of the provider and pharmacy directories. Have Questions? Call Us If you are a member of this plan, call us at 1-800-926-6565, TTY: 1-800-955-8770. If you are not a member of this plan, call us at 844 -BLUE -MED (844-258-3633), TTY: 1-800-955- 8770. o From October 1 through March 31, we are open seven days a week, from 8:00 a.m. to 8:00 p.m. local time, except for Thanksgiving and Christmas o From April 1 through September 30, we are open Monday through Friday, from 8:00 a.m, to 8:00 p.m. local time, except for major holidays 328 ■ Or visit our website at www.floridablue.com/medicare Important Information Our plans group each medication into a tier. The number of tiers may vary based on the plan you choose. You will need to use your formulary to locate what tier your drug is on to determine how much it will cost you. The amount you pay depends on the drug's tier and what stage of the benefit you have reached. Through this document you will see the "0" symbol. Services with this symbol may require prior authorization from the plan before you receive the services from network providers. If you do not get a prior authorization when required, you may have to pay out -of -network cost-sharing, even though you received services from a network provider. Please contact your doctor or refer to the Evidence of Coverage (EOC) for more information about services that require a prior authorization from the plan. 329 Monthly Premium, Deductible and Limits Monthly Plan ■ $284.50 Premium You must continue to pay your Medicare Part B premium. Deductible ■ $0 per year for In -Network health care services • $2,000 per year for Out -of -Network health care services ■ $0 per year for Part D prescription drugs Maximum ■ $1,000 is the most you pay for copays, coinsurance and other costs for Out -of -Pocket Medicare -covered medical services from in -network providers for the year. Responsibility . $3,000 is the most you pay for copays, coinsurance and other costs for Medicare -covered medical services you receive from in- and out -of -network providers. Medical and Hospital Benefits In -Network Out -of -Network Inpatient ■ $200 copay per day for days 1-7 40% of the Medicare -allowed amount Hospital ■ $0 copay per day, after day 7 after $2,000 out -of -network deductible Coverage 0 (Authorization applies to in - network services only.) Outpatient • $75 copay per visit for Medicare- • 40% of the Medicare -allowed amount Hospital covered observation services after $2,000 out -of -network deductible Coverage . $250 copay for all other services 0 Ambulatory • $200 copay for surgery services • 40% of the Medicare -allowed amount Surgical Center provided at an Ambulatory after $2,000 out -of -network deductible (ASC) Services Surgical Center 0 Doctor Visits ■ $25 copay per provider of choice • 40% of the Medicare -allowed amount visit after $2,000 out -of -network deductible ■ $45 copay per specialist visit Preventive • $0 copay ■ 40% of the Medicare -allowed amount Care ■ Abdominal aortic aneurysm screening ■ Annual wellness visit • Bone mass measurement • Breast cancer screening 4 330 In -Network Out -of -Network (mammograms) ■ Cardiovascular disease risk reduction visit (therapy for cardiovascular disease) ■ Cardiovascular disease testing ■ Cervical and vaginal cancer screening • Colorectal cancer screening ■ Depression screening ■ Diabetes screening ■ Diabetes self-management training, diabetic services and supplies • Health and wellness education programs ■ Hepatitis C Screening ■ HIV screening ■ Immunizations • Medical nutrition therapy ■ Medicare Diabetes Prevention Program (MDPP) ■ Obesity screening and therapy to promote sustained weight loss ■ Prostate cancer screening exams ■ Screening and counseling to reduce alcohol misuse ■ Screening for lung cancer with low dose computed tomography (LDCT) • Screening for sexually transmitted infections (STIs) and counseling to prevent STIs ■ Smoking and tobacco use cessation (counseling to stop smoking or tobacco use) • Vision care: Glaucoma screening ■ "Welcome to Medicare" preventive visit 5 331 6 332 In-Network Out-of-Network Emergency Medicare-Covered Emergency Care Care ■ $75 copay per visit, in- or out-of-network This copay is waived if you are admitted to the hospital within 48 hours of an emergency room visit. Worldwide Emergency Care Services ■ $75 copay for Worldwide Emergency Care ■ $25,000 combined yearly limit for Worldwide Emergency Care and Worldwide Urgently Needed Services Does not include emergency transportation. Urgently Medicare-Covered Urgently Needed Services Needed Urgently needed services are provided to treat a non-emergency, unforeseen Services medical illness, injury, or condition that requires immediate medical attention. ■ $30 copay at an Urgent Care Center, in- or out-of-network Convenient Care Services are outpatient services for non-emergency injuries and illnesses that need treatment when most family physician offices are closed. ■ $30 copay at a Convenient Care Center, in- or out-of-network Worldwide Urgently Needed Services ■ $75 copay for Worldwide Urgently Needed Services ■ $25,000 combined yearly limit for Worldwide Emergency Care and Worldwide Urgently Needed Services Does not include emergency transportation. 6 332 In -Network Diagnostic Diagnostic Procedures and Tests Services/ ■ $30 copay at an Independent Labs/Imaging 0 Diagnostic Testing Facility (IDTF) (Authorization ■ $100 copay at an outpatient applies to in- hospital facility network ■ $0 copay for allergy testing services only.) Laboratory Services ■ $0 copay at an Independent Clinical Laboratory ■ $30 copay at an outpatient hospital facility X -Rays ■ $50 copay at a physician's office or at an IDTF ■ $150 copay at an outpatient hospital facility Advanced Imaging Services Includes services such as Magnetic Resonance Imaging (MRI), Positron Emission Tomography (PET), and Computer Tomography (CT) Scan ■ $75 copay at a physician's office ■ $100 copay at an IDTF ■ $150 copay at an outpatient hospital facility Radiation Therapy ■ 20% of the Medicare -allowed amount Out -of -Network ■ 40% of the Medicare -allowed amount after $2,000 out -of -network deductible 7 333 Hearing Services Dental Services In -Network Out -of -Network Medicare -Covered Hearing Medicare -Covered Hearing Services Services ■ $45 copay for specialist exams to 40% of the Medicare -allowed amount diagnose and treat hearing and after $2,000 out -of -network deductible balance issues Additional Hearing Services ■ $0 copay for one routine hearing exam per year. ■ $0 copay for evaluation and fitting of hearing aids ■ $350 per ear. You pay a $0 copay for up to 2 hearing aids every year with a maximum benefit allowance of $350 per ear. Additional Hearing Services ■ Member must submit receipts for reimbursement at 50% of maximum allowed for a routine hearing exam per NOTE: Hearing aids must be purchased through our participating provider to receive in -network benefits. ■ ■ Member is responsible for any amount after the benefit allowance has been applied. Subiect to benefit maximum. Medicare -Covered Dental Services 0 • $45 copay for specialist non- routine dental care Additional Dental Services ■ $0 copay for covered preventive dental services ■ $0 copay for covered comprehensive dental services year. Member must submit receipts for reimbursement at 50% of maximum allowed for evaluation and fitting of hearing aids. Member must submit receipts for reimbursement at 50% of maximum allowed for up to 2 hearing aids every year. Subject to benefit maximum. Member is responsible for any amount after the benefit allowance has been applied. Medicare -Covered Dental Services ■ 40% of the Medicare -allowed amount after $2,000 out -of -network deductible for non -routine dental Additional Dental Services ■ Member pays up front and is reimbursed 50% of non -participating rates for covered preventive dental services. ■ Member pays up front and is reimbursed 50% of non -participating rates for covered comprehensive dental services. 8 334 In -Network Vision Services Medicare -Covered Vision Services ■ $45 copay for specialist to diagnose and treat eye diseases and conditions • $0 copay for glaucoma screening (once per year for members at high risk of glaucoma) ■ $0 copay for one diabetic retinal exam per year ■ $0 copay for one pair of eyeglasses or contact lenses after each cataract surgery Additional Vision Services In -Network ■ $0 copay for an annual routine eye examination. ■ $0 copay for lenses, frames or contacts. Subject to the annual maximum plan benefit allowance. Member responsible for any amounts in excess of the annual maximum plan benefit allowance. ■ $250 maximum allowance per year towards the purchase of lenses, frames or contacts. Mental Health Inpatient Mental Health Services Services 0 . $200 copay per day for days 1-7 (Authorization ■ $0 copay per day for days 8-90 applies to in- 190 -day lifetime benefit maximum in network a psychiatric hospital. services only) Out -of -Network Medicare -Covered Vision Services ■ 40% of the Medicare -allowed amount for glaucoma screening ■ 40% of the Medicare -allowed amount after $2,000 out -of -network deductible for Medicare -covered specialist services to diagnose and treat diseases and conditions of the eye and diabetic retinal exams 40% of the Medicare -allowed amount after $2,000 out -of -network deductible for eyeglasses or contact lenses after cataract surgery Additional Vision Services Out -of -Network • Member must pay 100% of the charges and submit the itemized receipt(s) for reimbursement of 50% of the in -network allowed amount for an annual routine eye examination. • Member must pay 100% of the charges and submit the itemized receipt(s) for reimbursement of 50% of the in -network allowed amount for lenses, frames, or contacts. ■ Member is responsible for all amounts in excess of the 50% in -network allowed amount and/or any amounts in excess of the annual maximum plan benefit allowance for lenses, frames or contacts. ■ Total reimbursement is subject to the annual maximum plan benefit allowance. Inpatient Mental Health Services • 40% of the Medicare -allowed amount after $2,000 out -of -network deductible 190 -day lifetime benefit maximum in a psychiatric hospital. 9 335 10 336 In -Network Out -of -Network Outpatient Mental Health Outpatient Mental Health Services Services ■ 40% of the Medicare -allowed amount ■ $40 copay after $2,000 out -of -network deductible Skilled Nursing ■ $0 copay per day for days 1-20 ■ 40% of the Medicare -allowed amount Facility (SNF) 0 . $100 copay per day for days 21- after $2,000 out -of -network deductible (Authorization 100 n- applies to in- network network services only.) Our plan covers up to 100 days in a SNF per benefit period. Physical ■ $35 copay per visit 0 ■ 40% of the Medicare -allowed amount Therapy after $2,000 out -of -network deductible Ambulance ■ $200 copay for each Medicare- ■ $200 copay for each Medicare - covered trip (one-way) 0 covered trip (one-way) Transportation ■ Not Covered ■ Not Covered Medicare Part B ■ $5 copay for allergy injections ■ 40% of the Medicare -allowed amount Drugs ■ 20% of the Medicare -allowed after $2,000 out -of -network deductible amount for chemotherapy drugs and other Medicare Part B - covered drugs 0 10 336 Additional Benefits Diabetic $0 copay at your network retail or Supplies mail-order pharmacy for Diabetic Supplies such as: • Lifescan (One Touch®) Glucose Meters • Lancets • Test Strips Important Note: Insulin, insulin syringes and needles for self - administration in the home are obtained from an in -network retail or mail order pharmacy and are covered under your Medicare Part D pharmacy benefit. Applicable Part D co -pays and deductibles apply. Lifescan (OneTouch®) as well as other brands of glucose meters and test strips can also be obtained through our participating DME network. ■ 40% of the Medicare -allowed amount after $2,000 out -of -network deductiblE Medicare Diabetes . $0 co a for Medicare -covered p y 40% of the Medicare -allowed amount Prevention services Program Podiatry ■ $45 copay for each Medicare -covered ■ 40% of the Medicare -allowed amount podiatry visit after $2,000 out -of -network deductiblE Chiropractic ■ $20 copay for each Medicare -covered ■ 40% of the Medicare -allowed amount chiropractic service after $2,000 out -of -network deductible Medical ■ 20% of the Medicare -allowed amount ■ 40% of the Medicare -allowed amount Equipment and for all plan approved, Medicare- after $2,000 out -of -network Supplies 0 covered motorized wheelchairs and deductible (Authorization electric scooters applies to in- ■ 0% of the Medicare -allowed amount network for all other plan approved, services only.) Medicare -covered durable medical equipment Occupational ■ $35 copay per visit 0 40% of the Medicare -allowed amount and Speech after $2,000 out -of -network Therapy deductible 11 337 Telehealth 0 ■ $30 copay for Urgently Needed Education Services (Authorization ■ $25 copay for Primary Care Services applies to in- ■ $35 copay for Occupational network Therapy/Physical Therapy/Speech services only) Therapy at all locations ■ $45 copay for Dermatology Services ■ $40 copay for individual sessions for outpatient Mental Health Specialty Services • $40 copay for individual sessions for SilverSneakers® outpatient Psychiatry Specialty Fitness Services Program ■ $40 copay for Opioid Treatment Program Services ■ $40 copay for individual sessions for outpatient Substance Abuse Specialty Services in an office setting • $0 copay for Diabetes Self - Management Training ■ $0 copay for Dietician Services ■ 40% of the Medicare -allowed amount after $2,000 out -of -network deductible Health meQuilibrium's digital coaching Not Available Education platform delivers clinically validated and highly personalized resilience solutions to help people improve their ability to manage stress and successfully cope with life's challenges. To get started visit www.floridablue.com/medicare to log in to My Health LinkT"', your member portal. Select "My Health Center" then "meQuilibrium". SilverSneakers® ■ Gym membership and classes Not Available Fitness available at fitness locations Program across the country, including national chains and local gyms. ■ Access to exercise equipment and other amenities, classes for all levels and abilities, social events, and more. 12 338 HealthyBlue Your BlueMedicare plan rewards Not Available Rewards you for taking care of your health. Redeem gift card rewards for completing and reporting preventive care and screenings. Part D Prescription Drug Benefits Deductible Stage This plan does not have a prescription drug deductible. Initial Coverage Stage You begin in this stage when you fill your first prescription of the year. During this stage, the plan pays its share of the cost of your drugs, and you pay your share of the cost (your copayment or coinsurance amount). You remain in this stage until your total yearly costs reach $7,400. When you reach the out-of-pocket limit of $7,400, you leave the Initial Coverage Stage and move on to the Catastrophic Coverage Stage. You may get your drugs at network retail pharmacies and mail order pharmacies. Our plan gives you preferred pharmacy options. You can fill your prescription drugs at one of our preferred pharmacies to save even more on most prescriptions. Coverage Gap Stage Because there is no coverage gap for this plan, this payment stage does not apply to you. During the Coverage Gap Stage: 13 339 Preferred Standard Retail Mail Order Retail/LTC (31 -day (90 -day (31 -day supply) supply) supply) Tier 1 - Preferred Generic $3 copay $10 copay $0 copay Tier 2 - Generic $8 copay $15 copay $8 copay Tier 3 - Preferred Brand $35 copay $40 copay $70 copay Tier 4 -Non-Preferred $65 copay $85 copay $195 copay Drug Tier 5 - Specialty Tier 33% of the cost 33% of the cost N/A Coverage Gap Stage Because there is no coverage gap for this plan, this payment stage does not apply to you. During the Coverage Gap Stage: 13 339 ■ You pay the same copays that you paid in the Initial Coverage Stage for all drugs. Once you leave the Initial Coverage Stage, you move on to the Catastrophic Coverage Stage. Catastrophic Coverage Stage After your yearly out-of-pocket drug costs (including drugs purchased through your retail pharmacy and through mail order) reach $7,400, you pay the greater of: ■ $4.15 copay for generic drugs in all tiers (including brand drugs treated as generic) and an $10.35 copay for all other drugs in all tiers, or 5% of the cost. Additional Drug Coverage ■ Please call us or see the plan's "Evidence of Coverage" on our website (www.floridablue.com/medicare) for complete information about your costs for covered drugs. If you request and the plan approves a formulary exception, you will pay Tier 4 (Non -Preferred Drug) cost-sharing. ■ Your cost-sharing may be different if you use a Long -Term Care (LTC) pharmacy, a home infusion pharmacy, or an out -of -network pharmacy, or if you purchase a long-term supply (up to 90 days) of a drug. Disclaimers Florida Blue is a PPO and Rx (PDP) plan with a Medicare contract. Enrollment in Florida Blue depends on contract renewal. Out-of-network/non-contracted providers are under no obligation to treat Florida Blue members, except in emergency situations. Please call our customer service number or see your Evidence of Coverage for more information, including the cost-sharing that applies to out -of -network services. If you have any questions, please contact our Member Services number at 1-800-926-6565. (TTY users should call 1-800-955-8770.) Our hours are 8:00 a.m. to 8:00 p.m. local time, seven days a week, from October 1 through March 31, except for Thanksgiving and Christmas. From April 1 through September 30, our hours are 8:00 a.m. to 8:00 p.m. local time, Monday through Friday, except for major holidays. Health coverage is offered by Blue Cross and Blue Shield of Florida, Inc., dba Florida Blue, an Independent Licensee of the Blue Cross and Blue Shield Association. Plans may offer supplemental benefits in addition to Part C and Part D benefits. © 2022 Blue Cross and Blue Shield of Florida, Inc., DBA Florida Blue. All rights reserved. We comply with applicable Federal civil rights laws and do not discriminate on the basis of race, color, national origin, age, disability or sex. Visit floridablue.com/ndnotice for information on our free language assistance services. 14 340 Nosotros cumplimos con las leyes federales de derechos civiles aplicables y no discriminamos por motivos de raza, color, nacionalidad, edad, discapacidad o sexo. Para informaci6n sobre nuestros servicios gratuitos de asistencia linguistica, visite floridablue.com/es/ndnotice. Multi -language Interpreter Services English: We have free interpreter services to answer any questions you may have about our health or drug plan. To get an interpreter, just call us at 1-800-926-6565 (TTY: 1-800-955- 8770). Someone who speaks English/Language can help you. This is a free service. Spanish: Tenemos servicios de interprete sin costo alguno para responder cualquier pregunta que pueda tener sobre nuestro plan de salud o medicamentos. Para hablar con un interprete, por favor (lame al 1-800-926-6565 (TTY: 1-877-955-8773). Aiguien que hable espanol le podra ayudar. Este es un servicio gratuito. Chinese Mandarin:c1i7`1IiB�zn, ��,G�F IR11ff47 iso AQT;ci-mv ftfliTUM, MRE�_ 1-800-926-65650 cTl7�'7#'�CZT'> 1��T� ➢�71 0 � ��Zno Chinese Cantonese: ETC PONT XUA, MMR T 1-800-926-6565° RVW-PXC `JAArf A22SAVE0�Wim. )INQ 1—rjgN4. Tagalog: Mayroon kaming libreng serbisyo sa pagsasaling-wika upang masagot ang anumang mga katanungan ninyo hinggil sa aming planong pangkalusugan o panggamot. Upang makakuha ng tagasaling-wika, tawagan lamang kami sa 1-800-926- 6565. Maaari kayong tulungan ng isang nakakapagsalita ng Tagalog. Ito ay libreng serbisyo. French: Nous proposons des services gratuits d'interpretation pour repondre a toutes vos questions relatives a notre regime de sante ou d'assurance-medicaments. Pour acceder au service d'interpretation, it vous suffit de nous appeler au 1-800-926-6565. Un interlocuteur parlant Frangais pourra vous aider. Ce service est gratuit. Vietnamese: Chung toi c6 dich vu th6ng dich mien phi de tra Idi cac cau h6i ve chu'dng sirc kh6e va chu'dng trinh thu6c men. Neu qui vi can th6ng dich vien xin goi 1-800-926-6565. se c6 nhan vien n6i tie"ng Viet giup dd qui vi. tray la dich vu mien phi . German: Unser kostenloser Dolmetscherservice beantwortet Ihren Fragen zu unserem Gesundheits- and Arzneimittelplan. Unsere Dolmetscher erreichen Sie unter 1-800-926-6565. Man wird Ihnen dort auf Deutsch weiterhelfen. Dieser Service ist kostenlos. Korean: oA}Lp iL pal aa� �zL�l �aN ����} T o ���1—`z �l o o}� oi r � Ll o �� �z �� = l � 1-800-926-6565 o L X_��a� z p o'}7} s_:Ql 1�1 Q 7", 00' L U+- 0l A] »l �= -�r-R±"_ L o --fl L] U+ Russian: Ec11N y BaC B03HMKHYT BOnpocbl OTHOCWTellbHO CTpaXOBOrO HJIN McQMKaMeHTHoro nJlaHa, Bbl moxeTe BOCnOJlb3OBaTbCq Hawmmw 6ecnllaTHb1MW ycllyramm nepeBOAHAKOB. LAT06b1 BOcnOJlb3OBaTbCq yCllyramw nepeBOAHWKa, n03BOHATe Ham n0 TeJIe(�OHy 1-800-926-6565. BaM OKa)KeT nOMOuAb COTPYAHVIK, KOTOpb11 rOBOPMT nO-pyCCKW. QaHHaq ycnyra 6ecnllaTHaq. 15 341 Arabic: �-4, Ji -2 J-34 J 41 �,- �,. i 4 Lill t- o-� z 1-800-926-6565 L�. to JL..2�Yl aLlr� ZiI� :LAS o:A • ■ " J J • • J ■3fFr2l• • • • • • ■ • ■ ■F-qlfffm •• ■IZW PJ ■ r • • i0 0 • • • • TR ■ • • •J• ■•• ■ ZR •• J zw ■J' •• t. Italian: E disponibile un servizio di interpretariato gratuito per rispondere a eventuali domande sul nostro piano sanitario a farmaceutico. Per un interprete, contattare it numero 1- 800-926-6565. Un nostro incaricato the parla Italianovi fornira I'assistenza necessaria. E un servizio gratuito. Portugues: Dispomos de servigos de interpretagao gratuitos para responder a qualquer questao que tenha acerca do nosso plano de sande ou de medicagao. Para obter um interprete, contacte-nos atraves do numero 1-800-926-6565. Ira encontrar alguem que fale o idioma Portugues para o ajudar. Este servigo e gratuito. French Creole: Nou genyen sevis entepret gratis you reponn tout kesyon ou to genyen konsenan plan medikal oswa dw6g nou an. Pou jwenn yon entepret, jis rete nou nan 1-800- 926-6565. Yon moun ki pale Krey61 kapab ede w. Sa a se yon sevis ki gratis. Polish: Umozliwiamy bezpkatne skorzystanie z usfug tfumacza ustnego, kt6ry pomoze w uzyskaniu odpowiedzi na temat planu zdrowotnego lub dawkowania lek6w. Aby skorzystac z pomocy tkumacza znajacego jgzyk polski, nalezy zadzwonic pod numer 1-800-926-6565. Ta uskuga jest bezpfatna. Japanese: �UrLv)1 1 RWLM AM)i-°t7- �/tAAt7D x-t6f v) t`, !M)r4L9)A!2-t — t,7, b h 9 1 t,:: �, i t. tc 6 tz 11, 1-800-926-65650 16 342 ft r& B&w OV In the pursuit of health' BLUEMEDICARE GROUP MASTER AGREEMENT SECTION 1: INTRODUCTION This B1ueMedicare Group Master Agreement (this "Agreement") describes the rights and obligations which you and Blue Cross and Blue Shield of Florida, Inc. ("Florida Blue") have with respect to the group Medicare Advantage, Medicare Advantage Prescription Drug Plan, and/or standalone Medicare Prescription Drug Plan (hereinafter, "Medicare Plan(s)") coverage to be provided by us to your Covered Retirees and Covered Dependents. References to "we", "us", "our," and Florida Blue throughout this Agreement refer to Blue Cross and Blue Shield of Florida, Inc. In exchange for your payment of the Premium, we agree to provide the coverage and/or benefits specified in the Evidence of Coverage for the Medicare Plan(s) ("Evidence of Coverage"), a copy of which is attached to this Agreement. The coverage to be provided by us under the Group Plan which you have established is described in the Evidence of Coverage. SECTION 2: DEFINITIONS Certain terms defined in the Agreement are also used and defined (for the convenience of Covered Persons) in the Evidence of Coverage. If a word or phrase starts with a capital letter, it is either the first word in a sentence, a proper name, a title, or a defined term. The following defined terms apply to this Agreement: Anniversary Date means the date one year after the Effective Date of coverage and subsequent annual anniversaries or such other date as mutually agreed to in writing by the parties. Appeal means a request submitted by or on behalf of a Covered Person for a review of our decision to deny a request for coverage of health care services or prescription drugs or payment for services or drugs. CMS means the Centers for Medicare and Medicaid Services. CMS Requirements means the provisions of Parts C and D of Title XVIII of the Social Security Act, CMS Medicare Part C and D regulations at 42 C.F.R. Parts 422 and 423, the CMS Managed Care and Prescription Drug Benefit Manuals, other CMS instructions and guidance and the provisions of Florida Blue's contracts with CMS to offer the Medicare Plans. Covered Dependent means an Eligible Dependent who continues to meet all applicable eligibility requirements described in the Evidence of Coverage and who is enrolled, and actually covered, under the Agreement other than as a Covered Retiree. Covered Person means a Covered Retiree or a Covered Dependent. Covered Retiree means an Eligible Retiree, who continues to meet all applicable eligibility requirements described in the Evidence of Coverage and who is enrolled, and actually covered, under the Agreement other than as a Covered Dependent. 343 Effective Date for the Group means 12:01 a.m. on the date specified on the last page of this Agreement and for Covered Persons means 12:01 a.m. on the date coverage will begin as specified in the Evidence of Coverage. Eligible Dependent means an individual who meets and continues to meet all of the eligibility requirements described in the Evidence of Coverage. Eligible Retiree means an individual who meets and continues to meet all of the eligibility requirements set forth in the Evidence of Coverage and is eligible to enroll as a Covered Retiree. An Eligible Retiree is not a Covered Retiree until actually enrolled and accepted for coverage as a Covered Retiree by us. Enrollment Forms means those forms, electronic or paper, which are approved by us and used to maintain accurate enrollment files under the Agreement. Grace Period means the sixty (60) calendar day period beginning on the date the Premium is due. Grievance means a type of complaint submitted by a Covered Person (or other person eligible under CMS Requirements to submit a Grievance) about us or one of our network providers or pharmacies, including a complaint concerning the quality of care. This type of complaint does not involve coverage or payment disputes. Group means the employer, labor union, association, partnership, corporation, department, other organization or entity through which coverage and benefits are issued by us. Note: References to "you" or "your" throughout the first part of this Agreement also refer to the Group. References to "you" or "your" in the Evidence of Coverage refer to Eligible Retirees, Eligible Dependents, Covered Retirees and/or Covered Dependents depending on the context and intent of the specific provision. Group Master Agreement or Agreement means the written document which is evidence of the entire agreement between the Group and Florida Blue whereby coverage and benefits are provided to Covered Persons. Late Enrollment Penalty ("LEP") means an amount added to the Part D Premium of an individual who did not have Part D coverage or other creditable prescription drug plan when the individual first became eligible for Part D or who had a break in Part D or other creditable prescription drug coverage for at least 63 days. Low Income Subsidy ("LIS") means the premium subsidy amount paid to us by CMS for qualifying Covered Persons with Medicare Part D coverage. Medicare Plan means the group Medicare Advantage Plan, Medicare Advantage Prescription Drug Plan, and/or standalone Medicare Prescription Drug Plan that you select. Premium means the amount required to be paid by the Group to us for coverage under this Agreement. Service Area means a geographic area where a Medicare Plan accepts members. 2 344 SECTION 3: ELIGIBILITY, ENROLLMENT, AND DISENROLLMENT A. Eligibility Determination Determination of whether an individual is an Eligible Retiree or Eligible Dependent will be a two-step process: You will determine whether the individual is eligible to participate in the retiree group health benefit plan that you sponsor. For individuals meeting your eligibility criteria, you will promptly forward completed applications to us. You are responsible for complying with all applicable laws and regulations, including but not limited to the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code, in making this eligibility determination. You must also comply with all eligibility guidelines included in the benefit administrative guide and Evidence of Coverage. 2. After receiving a complete application, we will process the application in accordance with CMS Requirements. An application must be approved by us and accepted by CMS for an individual to be enrolled in a Medicare Plan. B. Distribution of Enrollment Materials You may only distribute materials describing the Medicare Plan that we have provided to you or that we have approved in writing. You will distribute any pre -enrollment materials that we provide to you to each potential enrollee before collecting enrollment applications. Nothing in this Section will preclude you from making additional disclosures about your group health benefit plan as applicable to comply with ERISA, such as a wrap-around summary plan description or other plan document. If applicable, you are solely responsible for compliance with ERISA disclosure requirements in connection with the Medicare Plan(s). C. Group Disenrollment If you decide to disenroll all Covered Persons from a Medicare Plan, you must: 1. Notify all beneficiaries that you intend to disenroll them from the Medicare Plan. You will provide this notice at least twenty one (21) calendar days before the disenrollment. This notice will explain how to contact Medicare for information about other plan options that may be available. You will include language provided by Florida Blue in this notice to meet specific CMS Requirements for notice contents. 2. Provide us with all information necessary to submit a complete disenrollment request transaction to CMS in accordance with CMS Requirements. 3. In the event of termination of this Agreement, provide advanced notice in accordance with Section 4 of this Agreement. D. Individual Covered Person Disenrollment Covered Persons may be disenrolled from a Medicare Plan by Florida Blue if they become ineligible for continued enrollment. Covered Persons may also be disenrolled if this Agreement terminates or if you 3 345 inform us that they are no longer eligible to participate in your retiree group health plan. If Florida Blue determines that a Covered Person is ineligible for continued enrollment or if you instruct us to disenroll an individual, you must: Provide us with at least thirty (30) calendar days advanced notice of the ineligibility or disenrollment election of an individual; and 2. Provide the Covered Person(s) who will be disenrolled with at least twenty one (21) calendar days advanced notice of the termination and of other insurance options that are available to them. You will include language provided by Florida Blue in this notice to meet specific CMS Requirements for notice contents. The Covered Person will have the opportunity to elect another plan offered by us or by you, join Original Medicare, or join another carrier's Medicare Plan (by submitting an enrollment request to that organization). SECTION 4: TERM AND TERMINATION A. Term of Agreement and Renewal Process This Agreement shall become effective as of the Effective Date provided: (1) that we accept your Group Application; and (2) that you pay the required initial Premium specified by us. This Agreement shall continue in effect until the first Anniversary Date following the Effective Date unless terminated earlier as permitted by its terms. After the initial term, this Agreement shall automatically renew each succeeding year on the Anniversary Date for an additional one-year period unless: 1. At least sixty (60) calendar days prior to such Anniversary Date, you notify us that you do not want the Agreement to automatically renew; or 2. It is terminated as permitted by its terms. At least ninety (90) calendar days before each Anniversary Date, we will provide you with notice of changes in Premium and benefits under the Medicare Plan for the upcoming year (the "Renewal Notice"). If this Agreement renews as specified above, all of its terms and provisions (including the Premium due) shall be amended to include the terms of the Renewal Notice, and the amended Agreement shall govern coverage as of the Anniversary Date. Payment of the new charges shall constitute acceptance of the change in Premium rates. This Agreement is conditionally renewable. This means that it automatically renews each year on your Anniversary Date unless terminated earlier in accordance with its terms. B. Termination by Group The Group may cancel this Agreement on its Anniversary Date by giving written notice to us at least sixty (60) calendar days in advance, unless we have initiated a termination for any of the reasons stated below. C. Termination by Florida Blue We may terminate this Agreement or refuse to renew for the following reasons: 4 346 1. Failure to Pay Premiums. You do not pay Premiums in accordance with its terms or we have not received timely Premium payments prior to the end of the Grace Period. Termination of this Agreement for failure to pay premiums shall be effective as of the end of the Grace Period. In the event of such termination, you are obligated to pay the following: a. Any portion of the Premium due for coverage provided by us prior to termination; and b. Any amounts otherwise due us. 2. Fraud or Intentional Misrepresentation of Material Fact. You perform an act, or engage in any practice, that constitutes fraud or make an intentional misrepresentation of material fact. 3. Group Contribution and Participation and CMS Rules. You do not comply with: (1) a material provision which relates to rules for Group contributions or Covered Person participation; or (2) any provision in this Agreement which relates to LIS or other CMS Requirements. 4. Service Area. There is no longer any Covered Person who lives, resides, or works in the Service Area. 5. Termination or Non -renewal of the CMS Contract. We will provide you with at least ninety (90) calendar days' notice upon termination or non -renewal of our contract with CMS. Except as specifically provided in this Subsection 4.C, if we decide to terminate or not renew the Agreement based on one or more of the circumstances mentioned above, we will give you at least forty- five (45) calendar days advance written notice. D. Notification of Termination to Covered Retirees It is your obligation to immediately notify each Covered Person of any such termination of this Agreement for any reason, consistent with the requirements of Section 3 of this Agreement. E. Representations Made By, and Obligations of, the Group In agreeing to provide coverage in accordance with the terms of this Agreement, we rely on the representations you made when you applied for coverage with us and your representation that you have authority to act on behalf of all Covered Persons with respect to this Agreement. Consequently, every act by, agreement with, or notice given to, you will be binding on all Covered Persons. You agree that you shall offer to all Eligible Retirees the opportunity to become a Covered Person under this Agreement. You agree that, if requested by us, you will distribute the Evidence of Coverage and other coverage materials to Covered Persons. SECTION 5: PAYMENT PROVISIONS A. Monthly Invoice We will prepare a monthly invoice of the Premium due on or before the due date. This monthly invoice will also reflect any prorated charges and credits resulting from changes in the number of Covered Persons and changes in the types of coverage that took place in the previous or current month. 5 347 If you become aware that a Covered Person will become ineligible, you must provide us with written notice of such ineligibility as described in Section 3 of this Agreement. You shall be liable to us for the Premium due for each individual enrolled in a Medicare Plan under this Agreement until the effective date of disenrollment, which is set by CMS Requirements. You must pay the total amount of the invoice. Do not add names to an invoice, change coverage or pay for a retiree or dependent whose name does not appear on the invoice. No changes can be made to a Group invoice unless a signed application form is on file and submitted to Florida Blue. Payment shall be for the total amount of the Group invoice. B. Payment Due Date The first Premium payment is due before the Effective Date of the Agreement. Each following payment is due monthly unless you agree with us in writing on some other method and/or frequency of payment. The Premium is due and payable on or before the first day of each succeeding calendar month to which such payments apply. C. Grace Period This Agreement has a sixty (60) calendar day Premium payment Grace Period, which begins on the date the Premium payment is due. If we do not receive the required Premium payment on or before the date it is due, it may be paid during this Grace Period. Coverage will stay in force during the Grace Period. If Premium payments are not received by the end of the Grace Period, we will terminate this Agreement and proceed with the disenrollment of Covered Persons as described in Section 3 of this Agreement. D. Changes in Premium Premium rates may be changed on your Anniversary Date as described in Section 4.A above regarding renewal. E. Other Rules Regarding the Payment of Premiums 1. CMS rules govern the effective date of any disenrollment of a Covered Person under this Agreement, and we are not required to retroactively terminate this Agreement or coverage for any Covered Person. 2. If full payment of the Premium is not paid when due, this Agreement may be terminated as described in Section 4 of this Agreement. F. Premium Subsidization You may subsidize Premium amounts charged to Eligible Retirees. You are responsible for compliance with all applicable laws and regulations relating to your subsidy of Premiums, including ERISA and CMS Requirements, as applicable. You acknowledge and agree that Premium subsidization may vary for different classes of Eligible Retirees only if such classes are reasonable and based on objective business criteria. You represent and warrant that you will not vary Premium subsidization based on any Covered Person's eligibility for LIS. Further, you will not vary Premium subsidization for individuals within a given class of Eligible Retirees. In no case will you charge an Eligible Retiree more than the sum of the monthly Premium that we charge you for the Medicare Plan benefits. 6 348 G. Low Income Subsidy You will comply with the following requirements in connection with LIS: 1. You are required to pass through any LIS payments received from CMS to reduce the Premium amount that the Covered Retiree pays. You will first apply any LIS amounts to a Covered Person's share of Premium. You may not benefit from any LIS amount until the Premium for a Covered Person (including amounts for the non -drug benefits in a combined Medicare Advantage Prescription Drug Plan) paid by a Covered Retiree is reduced to zero ($0.00). 2. You are responsible for reducing up -front Premium contributions that you collect from Covered Retirees for any Covered Persons eligible for LIS. In limited situations where you are unable to reduce the up -front Premium contribution (e.g. if LIS is awarded retroactively), you will directly refund the LIS amount to the Eligible Retiree within fifteen (15) calendar days of the date you receive the LIS amount from Florida Blue. H. Late Enrollment Penalty (LEP) The Premium for an individual Covered Person may be higher if the Covered Person is assessed an LEP for not enrolling in Part B in a timely manner. This higher Premium will be reflected on the bill you receive from us. I. Premium Billing You will be responsible for the payment of the "Total Monthly Premium per Covered Retiree" of all Group members. The Total Monthly Premium may be less for Covered Persons who qualify for LIS as defined by CMS. You will also be responsible for any LEP charges that Group members have been assessed by CMS. The first Premium charge is payable before the Effective Date of this Agreement. Monthly charges are payable on the first day of each following month during the time this Agreement is in effect. J. Retroactive Premium Adjustment The monthly charge will be determined from our records by the number of Covered Retirees who have been confirmed through the CMS enrollment transaction process. Retroactive adjustments will be made for additions and terminations of Covered Retirees and for Covered Retirees who have been confirmed through the CMS enrollment transaction process after the initial billing statement. Any refund that is owed to a Covered Retiree must come from the Group, unless the Covered Retiree is billed directly by us. Florida Blue will only adjust the amount due of a Group and will not refund Premium(s) paid to a Covered Retiree, unless we mutually agree that a Covered Retiree is to be directly billed by Florida Blue. You must refund to Covered Retirees any amounts received from us that are due to Covered Retirees in a timely manner. SECTION 6: HOST BLUE PLANS A. Out -of -Area Services — Medicare Advantage We have relationships with other Blue Cross and/or Blue Shield Licensees ("Host Blues") referred to generally as the "Inter -Plan Medicare Advantage Program." This Program operates under rules and procedures issued by the Blue Cross Blue Shield Association ("Association"). When members access 7 349 healthcare services outside the geographic area we serve, the claim for those services will be processed through the Inter -Plan Medicare Advantage Program. The Inter -Plan Medicare Advantage Program available to members under this agreement is described generally below. B. Member Liability Calculation When you receive Covered Services outside of our service area from a Medicare Advantage PPO network provider, the cost of the service, on which member liability (copayment/coinsurance) is based, will be either: • The Medicare allowable amount for covered services; or • The amount either we negotiate with the provider or the Host Blue negotiates with its provider on behalf of our members, if applicable. The amount negotiated may be either higher than, lower than, or equal to the Medicare allowable amount. C. Nonparticipating Healthcare Providers Outside Our Service Area When Covered Services are provided outside of our service area by nonparticipating healthcare providers, the amount(s) a member pays for such services will be based on either the payment arrangements, described above, for Medicare Advantage PPO network providers, Medicare's limiting charge where applicable or the provider's billed charge. In these situations, the member may be responsible for the difference between the amount that the nonparticipating healthcare provider bills and the payment we will make for the covered services as set forth in this paragraph. Payments for out -of -network emergency services will be governed by applicable federal and state law. SECTION 7: GENERAL PROVISIONS A. Administration and Record Retention You must provide us with any information we need to administer the coverage and/or benefits to be provided or needed to compute the Premium due. While this coverage is in force, we have the right, at any reasonable time, to examine your records on any issues necessary to verify information provided by you. You must retain all records relating to this Agreement, including but not limited to those relating to LIS administration, for the current calendar year plus an additional ten (10) years. B. Assignment and Delegation You may not assign, delegate or otherwise transfer this Agreement and the obligations hereunder without our written consent. Any assignment, delegation, or transfer made in violation of this provision shall be void. We may assign, delegate, or otherwise transfer this Agreement to our successor in interest or an affiliated entity without your consent at any time. C. Authorization Where this Agreement requires that an act involving the administration of coverage and/or benefits be authorized or approved by us, such authorization or approval shall be considered given when provided in writing by a duly authorized officer of Florida Blue or his or her designee. 8 350 D. Evidence of Coverage We will provide an Evidence of Coverage and ID Card for each Covered Retiree. The Evidence of Coverage will describe the coverage and benefits to be provided to Covered Persons by us. You agree that, if requested by us, you will distribute the Evidence of Coverage (and any Endorsements to it) and other coverage materials to Covered Persons. E. Grievance and Appeals Process We have established and will maintain a process for hearing and resolving Grievances and Appeals raised by Covered Persons in accordance with CMS requirements. Details regarding this process are provided in the Evidence of Coverage. F. Changes to the Agreement Florida Blue may make any changes to this Agreement that are necessary to meet CMS Requirements ("CMS Mandated Amendments") with sixty (60) calendar days advanced written notice to you. Such changes shall become effective as amendments to this Agreement upon expiration of this sixty (60) calendar day notice period. Except in the case of (a) CMS Mandated Amendments or (b) Renewal Notices as described in Section 4.A., no person may change, modify, or revise the written terms or provisions of this Agreement unless such change is made by a written amendment signed by one of our duly authorized officers. For example, no Eligible Retiree or agent of Florida Blue or the Group can change or waive the written terms or provisions of this Agreement except as stated in the first sentence of this paragraph. G. Furnishing and Maintaining Enrollment Records You must provide any information required by us for the purpose of creating and maintaining enrollment records, processing terminations, and recording changes in family status. In addition, you and each Eligible Retiree must submit accurate and complete Enrollment Forms on a timely basis. You are responsible for collecting the Enrollment Forms, reviewing them for accuracy and completeness, and forwarding them to us, along with the applicable Premium payment. All enrollment record information which is relevant to the eligibility or coverage status of any individual must be made available to us for inspection and copying upon request. H. Errors or Delays Clerical errors or delays by us in maintaining enrollment records regarding Covered Persons will not invalidate coverage which would otherwise be validly in force or continue coverage which would otherwise be validly terminated, provided you have furnished us with timely and accurate enrollment information. Errors or delays by you in furnishing accurate enrollment information to us will not affect our right to strictly enforce any and all eligibility requirements. I. Entire Agreement This Agreement sets forth the exclusive and entire understanding and agreement between the parties and shall be binding upon the Covered Persons, the parties, and any of their subsidiaries, affiliates, successors, 9 351 heirs, and permitted assigns. All prior negotiations, agreements, and understandings are superseded hereby. No oral statements, representations, or understanding by any person can change, alter, delete, add or otherwise modify the express written terms of this Agreement, which includes the terms of coverage and/or benefits set forth in the Evidence of Coverage, the Schedule of Benefits, and any other attachments, amendments or riders. J. Financial Responsibilities of the Group We reserve the right to recover any benefit payments made to or on behalf of any individual whose coverage has been terminated. Our recovery efforts may relate to benefit payments made for health care services rendered subsequent to the Covered Person's termination date and prior to the date notice of coverage termination is required to be made by you. Your cooperation with and support such recovery efforts is required. In the event that you do not comply with the notice requirements set forth in Subsection 5.A (Monthly Invoice), you shall be solely liable to us for Premium due until the effective date established by CMS for a Covered Person's disenrollment. K. Indemnification You shall hold harmless and indemnify Florida Blue, against all claims, demands, liabilities, or expenses (including reasonable attorney fees and court costs), which are related to, arise out of, or are in connection with any of your acts or omissions, or acts or omissions of any of your employees, retirees or agents, in the performance of your obligations under this Agreement. We are not your agent, nor are you our agent, for any purpose. This paragraph shall only apply to the extent allowed under Florida Statutes § 768.28. L. Representations on the Group Application and the Enrollment Forms We rely on the information you and your Eligible Retirees provide to determine whether to issue coverage; the appropriate Premium and financing method; and eligibility for coverage. All such information must be accurate, truthful, and complete. Statements made on the Enrollment Forms are representations and not warranties. We may cancel, terminate, or void this Agreement if the information which you provide is fraudulent, or if you make an intentional misrepresentation. M. Reservation of Right to Contract We reserve the right to contract with any individuals, corporations, associations, partnerships, or other entities for assistance with the servicing of coverage and benefits to be provided by us or obligations due, under this Agreement. N. Service Mark You, on behalf of the Group and its Covered Retirees, hereby expressly acknowledge your understanding that this Agreement constitutes a contract solely between you and Florida Blue. We are an independent corporation operating under a license with the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans, (the "Association") permitting us to use the Blue Cross and Blue Shield Service Mark in the state of Florida and that we are not contracting as the agent of the 10 352 Association. You further acknowledge and agree that you have not entered into this contract based upon representations by any person other than us and that no person, entity, or organization other than us shall be held accountable or liable to you for any of our obligations created under this Agreement. This paragraph shall not create any additional obligations whatsoever on our part other than those obligations created under other provisions of this Agreement. O. Third Party Beneficiary This Agreement was entered into solely and specifically for the benefit of Florida Blue and the Group. The terms and provisions of the Agreement shall be binding solely upon, and inure solely to the benefit of, Florida Blue and the Group, and no other person shall have any rights, interest or claims under this Agreement, including the Evidence of Coverage, or be entitled to sue for a breach thereof as a third -party beneficiary or otherwise. Florida Blue and the Group hereby specifically express their intent that health care providers that have not entered into contracts with Florida Blue to participate in Florida Blue's provider networks shall not be third -party beneficiaries under this Agreement, including the Evidence of Coverage. P. Inspection and Audit You shall permit CMS, The U.S. Department of Health and Human Services, the Comptroller General, or their designees, to inspect, evaluate, and audit any of your books, contracts, medical records, patient care documentation, documents, papers, and other records pertaining to coverage by providing records to Florida Blue, which will submit the records to CMS. This right to inspect, evaluate, and audit shall extend ten (10) years from the expiration or termination of the Agreement or completion of final audit, whichever is later, unless otherwise required by applicable law. Q. Benefit Administrator Guide We will provide you with a Benefit Administrator Guide, which provides details related to how your plan is administered and your responsibilities as a benefit administrator. R. Member Communications and Campaigns We may send CMS required or Florida Blue member communications without your consent. Samples of all required materials are available upon request for informational purposes. We may also contact Covered Persons by telephone regarding any Florida Blue campaign and any campaign approved by the Florida Office of Insurance Regulation and/or CMS, as applicable. We will notify you of the campaign prior to making contact with members. S. COBRA You are solely responsible for determining when individuals are eligible for coverage under a Medicare Plan pursuant to the Consolidated Omnibus Budget Reconciliation Act ("COBRA"). You will notify us promptly of any COBRA elections. For more information on your COBRA responsibilities refer to the Benefit Administrator Guide. 11 353 In consideration of the payment of Premiums when due and subject to all of the terms of this Agreement, Blue Cross Blue Shield of Florida, Inc. hereby agrees to provide each enrollee of Indian River County BOCC . The benefits of this Agreement as set forth in the Evidence of Coverage beginning on each enrollee's effective date. The Group has selected the following plan and premium: Advanced Platinum PPO $284.50 The Group's Agreement is effective as of 10/1/2023. IN WITNESS WHEREOF, the parties have executed this Agreement as of dates listed below. Blue Cross Blue Shield of Florida, Inc. (DBA Florida Blue) By: (Signature) Name: Alisha Pieraccini (Please Print or Type) Title: Vice President, Medicare Product Strate¢v & Development Indian River County BOCC #90000 LO (Signature) Name: (Please Print or Type) Date: Date: 12 354 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: The Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Suzanne Boyll, Human Resources Director DATE: August 3, 2023 r: SUBJECT: Approval of Renewal of County's Stop Loss Policy with OptumHealth FY23/24 BACKGROUND: The County is self-insured in its Group Health Insurance Program and we carry a policy that reimburses the County for claims that exceed a specific limit. This type of policy is called a stop loss policy, excess loss policy, or reinsurance policy. The County's current stop loss policy is with OptumHealth and has an individual stop loss deductible of $300,000 for individual claims and an aggregating specific stop loss deductible of $100,000. We also carry aggregate stop loss coverage for the entire medical/pharmacy plan as a whole. Below is an explanation of individual stop loss, aggregating specific stop loss deductible, and aggregated stop loss coverages. • Individual Stop Loss Specific Deductible (ISL) — IRC's liability on each individual on the plan (currently ISL is $300k) Aggregating Specific Deductible (ASD) — For any ISL claims in excess of $300k, IRC takes the liability for an additional $100k in claims. This can either be satisfied by one member in excess of $300k, or multiple members. The purpose of an aggregating specific deductible is to lower premiums paid to the stop -loss carrier in exchange for the plan sponsor potentially paying a bit more in claims throughout the policy period. Aggregated Stop Loss (ASL) — ASL protects the plan from unexpected, catastrophically high claims that exceed the limits of potential reserves. The aggregate stop loss coverage provides a $1M policy to IRC in the event the claims paid in the plan year exceeded 125% of expected claims. The current annual premium for the stop loss policy with Optum is $1,626,612.24. The monthly premium is based on a per employee per month (PEPM) rate of $65.57 per 1,686 lives. $62.51 of the premium is for the ISL and ASD coverage and $3.06 for the ASL coverage. The actual monthly premium amount fluctuates based on monthly enrollment in the health plan. Each year, Lockton markets our stop loss policy to obtain the most competitive rates. We have received firm quotes from OptumHealth and International Specialty Underwriters ISU). Quotes 355 were also received from Berkley, Granular, QBE, Sun Life, Swiss Re, TM HCC, Voya, and Wellpoint, but they were determined to be uncompetitive. Our stop plan performance for 2020, 2021, and the current year through May 31, 2023 is illustrated below. The total premiums paid through May 31, 2023 were $3,651,127 and the total paid stop loss claims were $619,431 from 2020. There were no stop loss claims paid in 2021 and no stop loss claims paid in the current year through May 31, 2023. HM Insurance Group $300,000 $100,000 Paid 1,650 $62.51 $2.03 $1,287,638 - $ 0% 0 A.,: Claimant 3 $421,186 $0 °;$402,457 Claimant 5 $384,595 $0 Claimant 6 `: =`$30S,8S9 SO C "> s. Pr&WMN S1,500,000 51,000, D00 on NO OptumHealth $300,000 $100,000 24/12 1,686 $62.51 $3.06 $860,737 Current Claimaml tv $0 So Large Claims Thru: 5/31/2023 $500,000 $0 2020 2021 2022 Total Premium Paid ■ Total Paid Specific Claims 356 HM Insurance Stop Loss Carrier Group Specific Deductible $300,000 Aggregating Specific $100,000 Contract Basis Paid # of Lives 1,670 PEPM Specific Rate $53.66 PEPM Aggregate Rate $2.03 Total Paid Premium $1,116,752 Total Paid Specific Claims $619,341 Annual Loss Ratio 55% Cumulative Loss Ratio 26% HM Insurance Group $300,000 $100,000 Paid 1,650 $62.51 $2.03 $1,287,638 - $ 0% 0 A.,: Claimant 3 $421,186 $0 °;$402,457 Claimant 5 $384,595 $0 Claimant 6 `: =`$30S,8S9 SO C "> s. Pr&WMN S1,500,000 51,000, D00 on NO OptumHealth $300,000 $100,000 24/12 1,686 $62.51 $3.06 $860,737 Current Claimaml tv $0 So Large Claims Thru: 5/31/2023 $500,000 $0 2020 2021 2022 Total Premium Paid ■ Total Paid Specific Claims 356 The below worksheet reflects the results of the competitive responses from Optum Health and ISU: Quote Status Current W11111 Rig4MN111 N' 0MntlltY Quote -Firm OwiiCta-Mknifty! Coverage Included Medical, RX Medical, 6i Medical,. fI t RK Contract Basis 24/12 Paid (3y/'12i� Paid (36/11 �I Enrollment` 1.686 1 6 1,686 1,686 IAN : 1666 Specific Deductible $300,000AMENNEW"WWW"000 $300,000 Aggregating Specific Deductible $100,000 1 $100,000 $100.000 1 Aggregate Corridor 125% 125% 125% Annual Interface Fee $20,232 .... __.. $20,232 SO RNANCIAL ASSESSMENT Total Fixed Cost— $1,346,844 $1,428,986 $1,272,198 $1,275,628 Total Laser Liability $0 $0 Est. Total Aggregate Deductible $28,870,862 62 $28,870862 80 $29,910,180 $27,882,933 Fixed Cost Change % 6% -6% -5% •il�. 2!i Fixed Cost Change S $82142 $74,656 47, Max Liability $30,317.706'° $31,282,368 - - $ Max Liability Change $ $82,142 $964,662 Max Liability Change % - - -915 2ND YEAR RENEWAL PROTECTION (NO NEW LASERS/ RATE CAP) Renewal Protection Included _ Y" Yes Yes Yae Rate Cap Maximum % 50% 50% 50% 50%' 5096 'Enrollment is from the umus received In May 2023 / "Includes both specific and aggregate premiums Loddon may receive certainircentive compensation including, without limitationcontingency payments, ovemdes and bonuses asa result of being Client's insurance broker (Wikctivey, 'Additional Compensation), ANALYSIS: Both OptumHealth and ISU have provided competitive firm quotes maintaining the $300k individual specific deductible, the $100K aggregating specific deductible, and the aggregate stop loss coverage. The OptumHealth proposal results in a slightly lower premium at a 6% reduction from our current fixed costs. In October 2022, we moved from Highmark to OptumHealth and Lockton has recommended we renew with OptumHealth and at estimated annual savings of $74,656. Staff agrees with this recommendation. In addition, Lockton is recommending we remove the aggregate stop loss coverage at a savings of $61,910. This coverage provides $1M in additional coverage if our total medical and pharmacy claims exceed 125% of expected claims ($29.9M). If our claims exceed the $29.9M aggregate deductible, then this coverage would provide reimbursement for the amount over $29.9M up to $1M in coverage. The basis for the recommendation to remove the aggregate stop loss coverage is that for a group of IRC's size, the statistical likelihood of hitting IRC's aggregate deductible is less than 5%. Staff agrees with this recommendation. The resulting savings achieved through the OptumHealth renewal and the removal of the ASL coverage totals $136,566. FUNDING Funding for the annual stop loss insurance premiums of $1,272,188 is included in the Employee Health Insurance/Stop Loss Fees Account 50412719-034589. RECOMMENDATION: Staff recommends and respectfully requests that the Board approve staff's recommendation to renew with OptumHealth for the 2023/2024 plan year with the current $300K ISL and $100K ASD at a 6% reduction in premiums, remove the aggregate stop loss coverage at a savings of $61,910, 357 and authorize the Chairman to execute the application after review and approval by the County Attorney as to form and legal sufficiency. 358 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: 66th Avenue from 691h Street to CR-510/85th Street Amendment No. 11— Kimley-Horn & Associates, Inc. (IRC -1505B) DATE: July 18, 2023 DESCRIPTION AND CONDITIONS In 1995, the widening of 66th Avenue, from 2 -lanes to a 4 -lane divided roadway, was added to the Indian River County Long Range Transportation Plan. In 2005, the Board of County Commissioners approved an Engineering/Land Surveying Services Agreement with Kimley-Horn & Associates, Inc. Ten (10) amendments have been approved to date. Amendment No. 11 provides for post design services as the Engineer of Record for this project on an "as needed" and "as requested" basis. Construction for this phase (69th Street to CR- 510/85th Street) is expected to begin July 2023 and is expected to be completed in spring of 2025. The total negotiated not -to -exceed fee for Amendment No. 11 is $235,490.00 to be billed upon the attached fee schedule. Amendment No. 11 increases the total contract amount from $3,088,804.50 to $3,324,294.50. FUNDING Funding in the amount of $235,490.00 for Amendment 11 is available in Account No. 10415141- 066510-16009/Traffic Impact Fees 2020/District 1/ 66th Avenue/ 69th St — 85th St. Account Name Account No. Amount Traffic Impact Fees 2020/District 1/66th Ave/69th St — 85th St 10415141-066510-16009 $235,490.00 359 Page Two 66th Avenue - Amendment No. 11 (IRC -1505B) For BCC Meeting August 15, 2023 RECOMMENDATION Staff recommends approval of Amendment No. 11 to Kimley-Horn & Associates, Inc., and requests the Board authorize the Chairman to execute Amendment No. 11 on their behalf for a not -to -exceed amount of $235,490.00. ATTACHMENT Amendment No. 11 AGENDA ITEM FOR AUGUST 15, 2023 C:\G ran i cu s\Legista r5\L5\Tem p\f38f9386-Oafd-4Ob6-b982-1 b bfc b64774d. d ocx 360 INDIAN RIVER COUNTY 66th Avenue Phase II Construction Phase Services Project Number: IRC -1505B AMENDMENT NO. 11 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING SERVICES AGREEMENT BETWEEN KIMLEY-HORN AND ASSOCIATES, INC. AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Engineering/Land Surveying Services Agreement (AGREEMENT) dated February 22"d, 2005 between Kimley-Horn and Associates, Inc. (ENGINEER) and Indian River County (COUNTY). This amendment addresses changes in "Section III — Scope of Services", "Section V — Compensation" and "Section XVI — Duration of Agreement" of the AGREEMENT. Amendment Description "SECTION III — SCOPE OF SERVICES" is being modified to incorporate the following: Task 1- Construction Phase Services The ENGINEER will provide professional construction phase assistance as specifically stated below: 1. Pre -Bid Meeting. The ENGINEER will attend the pre-bid meeting to assist the COUNTY in describing the scope of work contained with the construction documents. The ENGINEER shall provide oral and/or written clarifications to questions presented relative to the scope of work identified within the construction documents. 2. Clarifications and Interpretations. The ENGINEER will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to the COUNTY as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by the COUNTY. 3. Change Orders. The ENGINEER may recommend Change Orders to the COUNTY and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. Page 1 of 6 361 Amendment No. 11- 661h Avenue Phase 11 Construction Phase Services 4. Shop Drawings and Samples. The ENGINEER will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Shop drawings, samples or certifications are anticipated to be submitted related to the following: • Roadway and Drainage elements • Signalization elements (811t Street) • Signing and Marking elements • Landscape and Irrigation elements 5. Applications for Payment. All applications for payment will be reviewed and approved by the COUNTY. 6. Final Notice of Acceptability of the Work. The County will be responsible for project acceptance, as -built drawing review and permit certifications. 7. Limitation of Responsibilities. The ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. The ENGINEER shall not have the authority or responsibility to stop the work of any Contractor. 8. Record Drawing Review and Permit Certification. The ENGINEER will review the Record Drawings as submitted by the Contractor. Based upon receiving acceptable Record Drawings from the Contractor, the ENGINEER will prepare and submit certifications to the following jurisdictional agencies: • Indian River County • St. Johns River Water Management District • Indian River Farms Water Control District • Sebastian River Improvement District • U.S. Army Corps of Engineers 9. Final Notice of Acceptability of the Work. The ENGINEER will, promptly after notice from Contractor that it considers the entire Work ready for its intended Page 2 of 6 362 Amendment No. 11 - 66th Avenue Phase 11 Construction Phase Services use, in company with the COUNTY and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. The ENGINEER will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that the PROFESSIONAL may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, the ENGINEER shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of the ENGINEER's knowledge, information, and belief based on the extent of its services and based upon information provided to the ENGINEER upon which it is entitled to rely. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Amendment No. 11- 6Wh Avenue Phase II Construction Phase Services EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee j i The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Cost Plus Max Task Labor Fee i Task 1- Construction Phase Services $ 235,490 i i I� I (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 4 of 6 364 Amendment No. 11- 66th Avenue Phase 11 Construction Phase Services EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, the services identified above are anticipated to extend through the duration of project construction, which is estimated to be approximately 24 months. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Amendment No. 11 - 66th Avenue Phase II Construction Phase Services The AGREEMENT is hereby amended as specifically set forth herein. All other'sedons of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 11 to the AGREEMENT regardless of where executed, shall be governed by and construed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this day of 2023, CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. gGood By: --By:P.E. Joseph H. Earman, Chairman Title: Senior Vice President 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, County Attorney U) �p N U rn m d N E U) a 'I'I O N O Ir d N to N m CL L a rn N O O C O > U 0 � L O � � Q CO O CO Nto O j ON LO O N L U c N N [h �p N rn m d E a 'I'I O 0) Ir oa ti to CL rn O O 0 0 ON N N N N [h O - (D ffl O O O V C O O 00 d C O lit N r N N 69 d w ff? O (D ON Rf M O C Ir N O d d N � � E9 O a` C) 0 0 0 _ v ' d N M t1) CJ U G f!d N Lia C C" CL u d O m r `m � N ti � y U } if d N it O ` It v = 0 L IO 0 ti �p N rn m d �O N L d C E v N O L C E .c` m CL co O V t V' V' N co V 00 N N m 0 Q O a` m O_ N — N O O V' O O N r O O t[1 N N N O CL v m m G O N N O N d CN 07 w a) O IL` m G `o 'C N d. W 0 O O O O O 0 a) d (7 M N M M �' 0 7 N '7 O d f0 Q V co O O O O O co O G N N r r a` N N N N ❑❑❑ W acc o U N N N N U K V Q 6i W W W W N G47, a) C O C C O O Q ' @ 06 C C m N m 0 O ._ a7 N Q' A a7 C q�f 0 C C O o U ° w is G 3 C cr ns G 'o U cq of G y LL A of U U J t5 t m 7 a) a1 al 0 c O O O 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: Quintin Bergman, M.S. Environmental Specialist SUBJECT: Amendment No. 1 to Work Order No. 8 Ecological Associates, Inc. HCP Sea Turtle Monitoring North and South County DATE: July 25, 2023 BACKGROUND AND DESCRIPTION On February 13, 2023 the Indian River County Board of County Commissioners (Board) approved Work Order No. 8 with Ecological Associates, Inc. (EAI) to provide biological monitoring services relative to sea turtle nest monitoring and reporting. Under the workorder, EAI monitors approximately 10 miles of intermittent shoreline within the County from Florida Department of Environmental Protection's Range Monuments R17 to R20 and R68 to the Indian River/St. Lucie County Line (R119), for a total sum amount of $118,770.70. The 2023 sea turtle nesting season has been more robust than expected, resulting in the need to increase biological monitoring services from EAI. Amendment No. 1 to Work Order No. 8 in the amount of $8,409.50 provides the fees necessary for increased services due to the higher numbers of nests observed on the County's beaches this season. FUNDING Local funding for implementing the County's HCP is budgeted through the Coastal Engineering Fund. Additional funding for Amendment No. 1 to Work Order No. 8, in the amount of $8,409.50 is budgeted and available in Other Professional Services Account No. 12814472-033190-99007. Account Name Account No. Amount Coastal Engineering Fund/Other Professional Services/ Habitat 12814472-033190-99007 $8,409.50 Conservation Plan C:\Granicus\Legistar5\L5\Tem p\6a78daa 1-96a8-40ad-9f41-7676611be683.docx 369 Page 2 BCC Agenda Item for August 15, 2023 Amendment HCP Sea Turtle Nest Monitoring RECOMMENDATION The recommendation of staff is for the Board to approve Amendment No. 1 to Work Order No. 8 of the contract with Ecological Associates, Inc. in the amount of $8,409.50, and authorize the Chairman to sign on behalf of the County. ATTACHEMENT 1. EAI WO No. 8 Revised Scope 2. EAI WO No. 8 Amendment No. 1 Execution APPROVED AGENDA ITEM FOR: August 15, 2023 C:\Granicus\Legistar5\L5\Temp\6a78daa 1-96a8-40ad-9f41-7676611be683.docx 370 EXHIBIT A Mr. Quintin Bergman Indian River County Public Works 180127"' Street Vero Beach, Florida 32960 Dear Mr. Bergman: T L ECOLOGICAL ASSOCIATES, INC. July 24, 2023 Ecological Associates, Inc. (EAI) is pleased to submit its revised Scope of Work and Cost Proposal for providing professional environmental services to Indian River County. All conditions related to this proposal shall be governed under EAI's Continuing Contract Agreement for Environmental and Biological Support Services with the County renewed in October 2021. The new task is for sea turtle monitoring along approximately 10 miles of beach in support of the County's Habitat Conservation Plan during the 2023 sea turtle nesting season, as described in the Scope of Work presented below. This monitoring will provide baseline data for future beach nourishment projects and support long-term monitoring efforts for sea turtles along the County's beaches. Scope of Work: Task 1: Project Management and Mobilization The Survey Area consists of an approximately 0.6 -mile northern section (FDEP R-17 to R-20) and an approximately 9.5 -mile southern section (R-68 to the Indian River/St. Lucie County Line). Pre-existing survey zone boundaries will be verified and re- marked, and project -specific data sheets and a database will be created. The county will provide signs, posts, and hardware for EAI to install using centimeter accurate RTK units. An EAI project manager will oversee all fieldwork and data management operations, participate in weekly check-in meetings with the County, and consult with the County on monitoring requirements, as necessary. A project schedule, as well as field survey schedules, will be created and maintained throughout the life of the project. All equipment and supplies necessary to successfully implement this Scope of Work are available. 371 Ecological Associates, Inc. — Revised Cost Proposal and Scope of Work 2 Task 2: Sea Turtle Nesting Surveys and Data Management Daily morning sea turtle nesting surveys will be conducted beginning March 1, 2023 and will continue uninterrupted through September 30, 2023. Thereafter, surveys will be performed three days per week until the last marked nest has been evaluated. Surveys will commence within 30 minutes of sunrise. Monitoring will be performed by EAI staff either on foot or using ATVs. All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested. Crawls will be denoted as being above or below the previous high tide line. The approximate geographic location of each crawl will be determined by GPS (sub -meter accuracy). In addition to segregating crawls into nesting and non -nesting emergences (false crawls), each false crawl will be assigned to one of the following categories denoting the stage at which the nesting attempt was abandoned: no digging, abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles during their crawls will be documented. Disorientation Reporting. During the course of daily monitoring, any evidence of hatchling misorientation or disorientation from either marked or unmarked nests will be documented using FWC's electronic Marine Turtle Hatchling Disorientation Incident Report Form. Based on track evaluations, an estimate of the number of hatchlings disoriented will be recorded and light sources potentially responsible for the disorientation identified. Information concerning each incident will be forwarded by email on a weekly basis to Indian River County so appropriate remedial action may be taken. Stranding and Salvage. A requirement of FWC sea turtle permit holders conducting nesting surveys is to respond to the stranding of sick, injured and dead sea turtles within their survey area. These animals are examined, and if alive, transported to state - approved care facilities. A standard Sea Turtle Stranding and Salvage data form will be completed and submitted for each stranded animal encountered by EAI. This information will be transmitted to FWC in accordance with established guidelines. State and Federal Authorizations. All sea turtle monitoring and related activities will be performed under FWC Marine Turtle Permit #261 issued by FWC to EAI Director of Operations Niki Desjardin or Marine Turtle Permit #277 issued to Senior Scientist Joseph Scarola. All persons engaged in monitoring for Indian River County will be listed on the permits. An data will -be subject to rigorous QA/QC protocols and stored in EAI's project - specific database. Weekly crawl and predation data, along with monthly summary reports will be furnished to Indian River County. These monthly reports will tabulate the dates and times of monitoring, names of monitoring personnel, numbers of sea turtle emergences by species, and numbers of nests marked and evaluated for reproductive 372 Ecological Associates, Inc. — Revised Cost Proposal and Scope of Work 3 success, as applicable. Monthly reports will be submitted to the County on the last day of the month following delivery of services (e.g., March report due no later than April 30). Task 3: Nest Marking and Monitoring A representative sample of nests will be marked for determination of nest fate and reproductive success (not to exceed 340 nests total in the entire Survey Area). Nests will be marked using a series of stakes and surveyor's tape. These nests will be monitored throughout their incubation period to determine nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate incubation period, and in accordance with the FWC Handbook, nests will be excavated to determine reproductive success. Two measures of reproductive success will be calculated: hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest). Task 4: Nest Protection EAI will barricade and protect sea turtle nests deposited in areas of concern designated by the County. Nests will be conspicuously marked for avoidance with a series of stakes and surveyor's tape and be monitored throughout the season. These nests will not be excavated for reproductive success purposes. Nest protection will be billed at $25.00 per nest (EAI estimates 310 total nests requiring protection). Task 5: Reporting EAI will prepare the marine turtle permit -required Index Nesting Beach Survey (INBS), Statewide Nesting Beach Survey (SNBS), and Nest Productivity Assessment (NPA) reports for this project and submit to the County and FWC, as mutually agreed upon. EAI will submit its monthly billings for the services described above to Indian River County in accordance with the fees and schedules set forth in Attachments A and B. No deposit or advance mobilization fees are required. Ecological Associates, Inc. appreciates the opportunity to be of continued service to Indian River County. Should you have any questions regarding the enclosed Scope of Work or associated costs, I can be reached at (772) 334-3729. Sincerely, AAoa Grace Botson Project Manager 373 Ecological Associates, Inc. — Revised Cost Proposal and Scone of Work 4 c: Niki Desjardin/Director of Operations 374 ATTACHMENT A ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 REVISED COST PROPOSAL — July 24, 2023 PROJECT NAME: Indian River County HCP Sea Turtle Monitoring Program - 2023 (Project No. 23-3020) CLIENT: Mr. Quintin Bergman Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 Phone: (772) 226-1569 Email: gbergmanAirc ov.com PROJECT DESCRIPTION: Sea turtle monitoring and ancillary professional services along approximately 10 miles of beach in support of Indian River County's Habitat Conservation Plan, as described in EAI's revised Scope of Work dated July 24, 2023. PROJECT DURATION: March 2023 — December 2023. PROJECT COSTS: All services will be provided at the fixed rates specified below (except where noted), inclusive of all time and materials required to perform the Scope of Work. Task Description Cost 1 Project management and mobilization $5,851.00 Subtotal $5,851.00 North HCP Area 2a Sea turtle monitoring and data management 240 days) $20,650.00 3a Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate, not to exceed 60 nests at $68.19/nest $4,091.40 4a Nest protection not to exceed 10 nests $250.00 5a Reporting $1,001.00 Subtotal 2b Sea turtle monitoring and data management 240 days) $25,992.40 $65,589.60 3b Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate, not to exceed 280 nests at $68.19/nest $19,093.20 4b Nest protection not to exceed 300 nests $7,500.00 5b I Reporting $3,154.00 Subtotal $95.33680 TOTAL not to exceed 127180.20 375 Ecological Associates, Inc. — Revised Attachment A 2 TERMS: All terms and conditions related to this Scope of Work will be governed under EAI's Continuing Contract Agreement for Environmental and Biological Support Services renewed in October 2021. 376 y CD O O x y y C� w O 6s 1649, 0 0 0 4- 00 t- M o '-+ N h 6s16s16A a] O Q � N o O -- N 00 �O O N O F F 69 6H 6R 69 W+ 0 0 0 0 0 0 0 0 0 0 to to 0 O 0 0 0 0 O O 110 O N O 0 0 to C vi O to N r %%° O O 1.0 M N M h -- � .- + N ds 69 GIs i's ell 69696s h tn r, N •� 00 N CDM M MIN 00~ ANN~NI~ O O O O O O O O 0 0 O 0 0 0 0 0 0 to O oo O 0 0 y N M N N Mi to O 00 C �O O\ t- .O N a O F.sb9ssb9ssGSdsbs .Mr a 6� 69 fs 69 fs C.'s 69 o •� N N m V] wwwwwaav�a;� 'o ° •o ° ° U0 abi abi abi a wi�awww w pav�a 0 ao o � Cd o � o A � A ° F o �b o � o ob � •fE a z w zi 04 d U N M •� .X y � � O A Cd F a] O Q � N o 00 F 6R ys yg 64 gq 0 0 Cl 0 0 O O O o O O 110 O N O 0 0 0 C vi O eli O C It O O 1.0 M h -- 00 .- + N y MIN 00~ ANN~NI~ O O O O O 0 0 0 0 O N 0 0 0 0 y N 0 to N Mi to O 00 C �O O\ t- .O N 0\ O .Mr a 6� 69 fs 69 fs C.'s 69 'o ° •o ° ° U0 abi abi abi • wi�awww w pav�a 0 Cd o � cd A ° ob o U •� N � � O A wzw a z 0 y CQ F a] O Amendment No. 1 Description of Itemized Changes =.R RRR Habitat Conservation Plan Sea Turtle Nest Monitoring 2023 Ecological Associates, Inc. Work Order No. 8 Item No. Description Unit Quantity Unit Price Price Increase 3b Nest marking and Monitoring (South HCP) ea 50 $ 68.19 $ 3,409.50 4b Nest protection (South HCP) ea 200 $ 25.00 $ 5,000.00 Habitat Conservation Plan Sea Turtle Nest Monitoring 2023 Total $ 8,409.50 378 AMENDMENT 1 TO WORK ORDER 8 PROJECT NAME: HCP Sea Turtle Monitoring 2023 — North and South County This Amendment Number 1 to Work Order Number 8 is entered into as of this day of pursuant to that certain Continuing Contract Agreement for Environmental and Biological Support Service, dated October 10th, 2017, renewed on October 15, 2019 and renewed a second time on October 5, 2021 for an additional 2 years, referred to as the ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Ecological Associates, Inc., ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set fourth in existing Work Order 8, executed February 13, 2023. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. An increase to the total contract amount of $8,409.50 is needed to address the additional nest marking and monitoring activities performed by the Consultant due to higher than anticipated sea turtle nesting activity on the beaches within Indian River County. These additional nest markings were performed in accordance with the fee schedule set forth in Exhibit B (Fee Schedule), 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 OF INDIAN RIVER Ecological Associates, Inc. COUNTY By: Title By: Joseph Earman, Chairman Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: John Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, County Attorney 379 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Department of Emergency Services FROM: Alicia Reyes, Staff Assistant IV Department of Emergency Services DATE: July 24, 2023 SUBJECT: Approval of Extension to Memorandum of Understanding between Humane Society of Vero Beach & Indian River County Florida Inc., and the Indian River County Board of County Commissioners It is respectfully requested that the information contained herein be given formal consideration by the County Administrator. DESCRIPTION: On January 12, 2021 the Board of County Commissioners entered into a Memorandum of Understanding (MOU) with the Humane Society of Vero Beach & Indian River County Florida Inc., to provide animal shelter services, which commenced on May 1, 2021. The parties have extended the MOU for a third time, which now expires on November 30, 2023. At this time, both parties wish to extend the current MOU for an additional twelve (12) months and with an increased compensation from $43,000 per month, or $516,000 annually, to $46,870 per month, or $562,440 annually, which is an increase of $3,870 per month, or $46,440 annually. This is a 9% increase. FUNDING: During the twelve (12) month term, Indian River County shall pay a flat monthly fee of $46,870, or $562,440 annually, for the services described in the MOU. These funds are budgeted and available in General Fund/Agencies/Humane Society, Account # 0011062-088310. ACCOUNT NAME ACCOUNT NUMBER AMOUNT General Fund/Agencies/Humane Society 00111062-088310 $ 562,440 RECOMMENDATION: Staff is recommending the Board approve and execute the Extension to the Memorandum of Understanding for Animal Shelter Services between the Humane Society of Vero Beach & Indian River County Florida., and Indian River County Board of County Commissioners. ATTACHMENTS: Extension to Memorandum of Understanding between Humane Society of Vero Beach & Indian River County Florida Inc., and Indian River County Board of County Commissioners. 380 THIS EXTENSION TO MEMORANDUM OF UNDE TANDING FOR ANIMAL SHELTER SERVICES ("Extension") is entered into as of thsj� ofy5't , 2023) by and between the Humane Society of Vero Beach & Indian River County, Flor , Inc. a Florida not for profit corporation, whose address is: 6234 77`h Street, Vero Beach, Florida, 32967 ("Society') and the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida, whose address is 180127`h Street, Vero: Beach, Florida, 32950 ("County"). BACKGROUND RECITALS A. On January 12, 2021, Society and County entered into an Extension to the Memorandum of Understanding for Animal Shelter Services, which commenced on May 1, 2021, and lasts for twelve months; and B. The parties agreed to extend the Memorandum of Understanding for an additional thirty days, until May 31, 2022; and C. On done 14, 2022, the Indian River County Board of County Commissioners (`Board'I approved an extension until November 20, 2022, at a flat monthly fee of $43:,000; and D. On November 22, 2022, the Board approved an extension until November:30, 2423; and E. The parties wish to extend the Memorandum of Understanding for Animal Shelter Services for an additional 12 months commencing December 1, 2023, and F. The parties also are willing to agree to incense the compensation from $43,000 per month to $46,870 per month NOW THEREFORE, in accordance with the mutual covenants herein contained and other good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The above background recitals are true and correct and are incorporated herein. 2. The Memorandum of Understanding for Animal Shelter Services is extended until November 30, 2024. 3. Section 1.3 Compensation and Reports shall be amended as follows: Page 11 a. The County shall pay the Society a flat monthly fee of $46,870; which shall commence on December 1, 26b, for the services described herein. 381 1 4. All other provisions of the Extension to Memorandum of Understanding for Animal Shelter r Services shall remain in full force and effect. a IN WITNESS WHEREOF the parties hereto have executed this Extension as of the date first written above. HUMANE SOCIETY OF VERO BEACH INDIAN RIVER COUNTY & INDIAN RIVER. INC. BOARD OF COUNTY COMMISSIONERS By: S' ature of Autho i d Officer Joseph H. Earman, Chairman e Authorized Officer ftn"Skame and Title) Date Approved: Approved: Approved as to form and legal sufficiency: John A. Titkanich, Jr. William K. DeBraal County Administrator County Attorney ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Page 12 382 CONSENT 944 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services FROM: Alicia Reyes, Staff Assistant IV Department of Emergency Services DATE: July 24, 2023 SUBJECT: Request from National Health Transport, Inc. for a Class "B" Certificate of Public Convenience and Necessity to Provide Non -Emergency Ambulance Inter -Facility Transports Originating from Indian River County It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: On August 17, 2021, the Indian River County Board of County Commissioners approved a Class `B" Certificate of Public Convenience and Necessity to provide BLS/ALS Non -Emergency Interfacility and Wheelchair Ambulance Transportation Services by National Health Transport originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period of two (2) years and will expire on August 17, 2023. The Indian River County Code provides for routine renewal of the Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class `B" certificate has been submitted by National Health Transport, Inc. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Class `B" Certificate Renewal to National Health Transport, Inc. to be effective for a period of two (2) years from August 18, 2023 to August 17, 2025. ATTACHMENTS: Renewal Application for Class `B" Certificate of Public Convenience and Nece PPS""EN> o sat DIM RIVER COUNTY y DEPARTMENT F EMERGENCY SERVICES 9�FNS�Pa APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: NATIONAL HEALTH TRANSPORT DATE: 7/11/2023 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ _BLS _ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B E*J_ ✓ BLS ✓ ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ `BLS _ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ _BLS _ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. U -WMA IN ASSISTANTS1Beth\Beth Casano EOCICOPCNIRENEWAL PACKETS\COPCN Application.doc 384 II. COMPANY DETAILS 1. NAME OF AGENCY: NATIONAL HEALTH TMNSPORT MAILING ADDRESS: 2290 NW 110TH AVE CITYSWEETWATER COUNTYMIAMI DADE ZIP CODE: 33172 BUSINESS PHONE: (305) 636-5000 2. TYPE OF OWNERSHIP (i.e. Private, Government, Volunteer, Partnership, etc.): Corporation (private) 3. MANAGER'S NAME:Mich ael DeSouza ADDRESS: 1528 SW Mapp Road Palm City, FL 34990 PHONE #: (954)616-9000 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME Raul Rodriguez Cory Richter ADDRESS POSITION 2290 NW 110th Ave, Sweetwater, FL 33172 President PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES ADDRESS PHONE # 714 W Fischer Cir. Sebastian, FI 33958 772-633-3929 Jen Michalowski 21501 SE Salerno Rd, Ste 108 Stuart, FI 34997 772-807-0415 Allison Parkes 1110 35th Lane Vero Beach, FI 32960 772-978-5554 UMPIRE ADMIN ASSISTANTSTeth\Beth Casano EOMCOPCMRENEWAL PACKETS\COPCN Application.doc 2 385 6. FUNDING SOURCE: Self 7. RATE SCHEDULE ATTACHED? YES © NO ❑ N/A ❑ 8. LIST THE ADDRESS OF YOUR BASE AND ALL SUB -STATIONS. 1528 SW Mapp Road Palm City, Florida 34990 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: Motorola 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) See attached contrat with Highland Wireless WQYV483 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION All Via Med-10 All via phone UARRE ADMIN ASSISTANTS\BethlBeth Casano EOCiCOPCNIRENEWAL PACKETSICOPCN Application.doc 3 IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: RENEWAL APPLICANTS NEED ONLY #'s 4 - 9 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided, including type of service.. hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: a_ Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges WFIRE ADMIN ASSISTANTSTeth\Beth Casano EOC\COPCNIRENEWAL PACKETS\COPCN Appffcation.doc 4 387 V. NOTARIZED STATEMENTS 1, LCLo& , the representative of > Nal .now do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to- he best of my knowledge, all statements on this applicatl 'are and corm+. APPLICAN DATE Before me personally appeared the said 4+W1' who says that he/she executed the above instrument of his' her own freae will and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this S— day of �11i{�• , 2023 ; My commission expires: AUSSAD.GW16TARY BLIC , A MYCOMMISSION #HHWilli EXPIRES: duly 10.2025 8onde0 TW ?R9.Pubk tindesvrtitan U:IFIRE ADMIN ASSISTANTS\Beth\Beth Casano EOCICOPCMRENEWAL PACKETSICOPCN Application.doc 388 ,� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) THIS os/3ono23 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the ce!gEa_. holder in lieu of such endorsement(s). PRODUCER MARSH USA, LLC. CONTACT NAME: 1221 Bdckell Avenue, Suite 1550 PHONE [A'c, No, Eldl: - --- Miami, FL 33131 E-MAIL - - - 500D ADDRESS: - I PERSONAL S ADV INJURY-_ -` IIsuR�(sL�FPormmocovERAoe �....�;� . CN110033400-WAGP-23.24 INSURER A: Old Re ubfic_InsuranceCo _ EIt11? ^— INSURED National Health Transport, Inc. INSURER B_COM „1eCia InsuranCC CoMpa — 2290 NW 110TH Ave INSURER C. Sweetwater, FL 33172-1923 INSUReRO, ulauRER s• _ BODILY INJURY (Per peraot0 { INSURER F: COVFRAGFS CFRTIF]Ir ATF NIINRFR- ATI IARd'1RR77a13 RFVI¢InAt K1119a00D. n THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iLMUM! R TR 7tTE0F INSURANCE POLICY NUMBER POLICY EFF POLICY Ekp MMIDWYYri LIMITS � B X COMMERCIAL GENERALUAO,iifY 005FLOD0036286 06/2312022 06I23i= I 7000000 i CLAIMS -MADE X OCCUR I. + .. .. 60000 — f I ( MED1. EXP aw-.�a. _ 500D _ �' I PERSONAL S ADV INJURY-_ -` 1,000,000 GENT AGGREGATE LIMir APPLIES PER- #. PRO- X POLICY ❑ JECT U LOC -GFJRERAL AGGREGATE - _ --- .__ .. j j PRODUCTS -COMPIOPAQti ,� . AQ4 OTHER:-- A AUTOMOBILE LIABILITY MWTB 313612 23 aoMBINE S INGL LIMIT,'j X ANY AUTO *Atdo Physical Damage" BODILY INJURY (Per peraot0 { .._ OWNED ', SCHEDULED ITomprehensive Ded: $1,000" AUTOS ONLY _ �' AUTOS BODILY INJURY�PR fbtl _ HIRED x NON -OWNED i jTAsicn Ded: $1,000" � ,PROPERTYDAMM�E-� T AUTOS ONLY AUTOS ONLY I` 1 =_j,Per accident) ( IXIBBRELLA LIAReAtiMOGCURRENCE I^ , 6tCWs:LtA9 ,rXANA6iN0Es _ . .s } 7GREGATE 1 ( I RETENTION s e COMPENSATION i 06/01/2024 X O A�aPLOYERS'LIABILITY Y� f ANI'NROPRIETORJPARTNE=ECUTNE , BMW E.ttiAtZ♦t' _. 1,000,000 aiPPICER/MEMBERE%CLUDE07 MIN/A--- -^+s----.- --• (Mandatory in NH) ILL. DISEASE t:AEmP{JOYe@ � 1,000,000 H yes, describe under DESCRIPTION OF OPERATIONS below DISEASE-PIN.ICYIIMn� i 1,000,000 B Professional liability ONFLOOM36286 06/23022 j LitnftPer Claim 1,000,000 iAygregate 8,00c,000 DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Irdian River County Fire Department 4225 43rd Avenue Vero Beach, FL 32967 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Y 389 Lij - m QD m 00 o 00 (3) M in >_ > > > L- Q) v 03 CG t�J U U U U un _ N (n tO f9 a (D J 7 3 k.pLn o 0 0 0 n Lij - m QD m 00 o 00 (3) M in >_ > > > a) tio rl O M LA o °1 rn O �r L- Q) v 03 � Lf)� � O N Do rn O 0) r,4 k.pLn CD c: m u Ln to Ln w Ln N m LLJ a w w a � aw Lr) r,4 `p rrnn 6i m > > > L > > a} H M -4 r -i W N N GJ �o ko �o O n U v u N v m m " m m a) tio rl O M LA o °1 rn O �r L- Q) v u m oa'D bD w ob'D m a a a a a m M -4 r -i N N N GJ O O O O O N N N N N LAJ 4) J 0 0 0 0 0 0 V 0u,(4Ln Ln V) N N N N N i W bD DD dD 60 to 0 0 0 C) Z Adan s, Peirce EMT511518 '11/17/2020 12/112624 Adams. Peirce PMD 542925 3/6/202;3 12/1/2024 Aylsworth, Robert E EMT 577039 1/14/2022 12/1/2024 Bernier; Edgar P. MO 513546 8/17/1007 12/11201 Brown, lake EMT571459 12/2/ 2020 121/1/2Ci24 Brown, lake PMD 540165 1.2. 3/2021: .11/1/2024 Calvillo,:Orbeiin EMT 578268 4/23/2022 12/1/2024 Ceglic, Ehana FMT583699 6/21/2023 12/l/1024 Coburn, Joseph EMT566020 5/18/2021 12/1/2024 Coburn, Joseph PMD539548 $/19, 202:1 1ei11'2 f2A Dawson, Pyke EMT 581226 12/21/2022 12/1/2024 DeSantis, Joseph EMT 566158 6/20/2020 12/1/2024 DeSouza, Mike PMD6657 1/1/1983 12/1/2024 Dugard, Richard EMT 581564 1/24/2.023 13/1/2024 Fabrey, Joseph EMT$33699 12/17/.2010 12/1/2024 Fenech, Lagan EMT 576621 12/141202.1 12/1/2024 Fuentes, Nathaniel B PM0539437 8/4%2Ct2Y 12/1/2024 Greene, Tristan EMT 575377 $/2"-7/2021 12/1/2024 Hagans, Brandon A PMQ53:0919 1/11/2017 12/1/2024 Hebert, Christopher EiMT577942 3/15/2022 12/1/2024 Javor, Andrew EMT 57710.1 1/20/2022 12/1/2024. Kilcoyne, Kaitlyn EMT 577325 2/2/2022 12/1/2024 Lohse, Luke EMT 571637 12/8/2020 12/1/2024 Maldonado, Jennifer EMT 581737 2/2/2023 12/1/2024 Martin, Raimee EMT581351 1/5/2023 12/1/2024 Martone, Gianna EMT561265 10/13/2020 12/1/2024 Martone, Gianna PMO 541503 7/15/2022 12/1/2024 McAuliffe, Marissa PMO 534262 10/18/2018 12/1/2024 McCallister, Julia PMD 206952 11/19/2003 12/1/2024 Neisius, Sarah PMO 514538 2/6/2008 12/1/2024 Nieto Gonzalez, Gerardo EMT 581950 2/17/2023 12/1/2024 Nunez,: Juan EMT 567624 13./2.612:020 12/1/2924 Pace, Anthony PMO 542655 X24/2023 12/1/2022 Perez, David EMT 58 5/17/2023 12/1%2024 Reinhard, Rochelle PMD 11954 8/611992 12/1=4 Rei4,:5arah EMT 579140 6/22/2022 12/112024 Sal"aur, Carlos PMD 520920 3/21/2011 12/1/2,6$4 Suarez, Nathan, PMD539290 7/7/24121, 12/1/2024 Tewari, Jason -EMT 582753 4/26/2023 13/1/2024: Wallman, Anders EMT 5,76978 1/11/2022 12/1./2024 Mise, Mathieu.. : Wt 583803 6/36/2023. 12/1/2024 391 SchadWe of des for Non -Emergency Ambulance Transports Basic Life Support Base Fee $363.20 Advanced Life Support Base Fee $524.60 Advanced Life Support II Base Fee $943.60 Specialty Care Transport Base Fee $1,081.30 Oxygen $54.70 Mileage $11.90 Waiting time per hour ALS/BLS $189.40 392 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney %A,T Office of Consent 08/15/2023 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: August 4, 2023 SUBJECT: Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program Indian River County Code provides for the Deputy County Attorney to be the Fair Housing Coordinator for the County. Among the County's housing programs is the Housing Choice Voucher Program, formerly known as Section 8 Housing. Federal regulations require the Board to approve by resolution a report of Fair Market Rental Rates on an annual basis. The Housing Choice Voucher Program (HCV) is a federally funded program administered by the County's Rental Assistance Program. While federal regulations govern the program, local demographics can influence the program's administration. Indian River County's elderly/retiree population averages 41 % compared with a nationwide average of 27% of a community's population. Because our County has a larger than average elderly, low income population, federal guidelines allow the Rental Assistance Program to cater to the community need of supplying housing assistance to low income elderly residents. It should be pointed out that the Voucher Program also assists veterans and other low income qualifiers. The Housing Choice Voucher Program is designed to benefit all participants. Private providers that own multi or single family homes apply to County Rental Assistance for participation. The units are inspected and approved for the Voucher program. Upon approval, private owners qualify for tax incentives that make participation in the program profitable. It should be pointed out that the County owns no Voucher program housing. The low income participant also benefits from the program by obtaining safe, clean housing at an affordable price in a dignified manner. Any interested low income, full time resident must apply to the County Rental Assistance Program. If the resident qualifies, they are given a list of available units to visit. The owners of the units have agreed to accept the Fair Market Rental rates as determined by United States Department of Housing and Urban Development (HUD) in exchange for the tax breaks and the payment of rents directly from the County. Upon selection of a unit, the qualified applicant meets again with Rental 393 Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program August 4, 2023 12 Assistance staff in order to determine their portion of the rent that will be paid directly to the landlord and whether they qualify for financial assistance with utilities. After working out the financial details, the tenant signs a lease with the landlord, the County Rental Assistance processes the necessary paperwork with the state and federal agencies and the landlord receives a monthly rental check directly from the County with the remainder paid by the tenant. Tenants who qualify for the HCV program will pay up to 40% of the monthly Fair Market Rent amount. The 40% amount is referred to in the resolution as the Total Tenant Payment (TTP). The County benefits from the Voucher Program by having the County's Comprehensive Plan objective of providing housing to low and very low income citizens met by participating in the Voucher Program. Additionally, a processing fee is received from the Department of Housing and Urban Development. The annual rental rates for our area are 90% to 110% of the current Fair Market Rents that were approved by HUD. Those rates must be approved by the County as it is acting as a participant in the Voucher Program. The resolution approving annual rental rates for Fiscal Year 2024 is attached for the Board's consideration. Funding: There is no funding associated with this resolution. Recommendation. Staff recommends the Board approve the resolution setting the Fair Market Rental Rates for Fiscal Year 2024 and authorize the Chairman to execute the resolution on behalf of the Board. Attachment: Resolution Setting the Fair Market Rental Rates for Fiscal Year 2024 Copies to: Andrew Sobczak, Interim Community Development Director Robin Miller, Rental Housing Program Manager 394 RESOLUTION 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING PAYMENT STANDARDS FOR BEGINNING FISCAL YEAR 2024 FOR THE HOUSING CHOICE VOUCHER PROGRAM. WHEREAS, Indian River County is considered a Housing Choice Voucher Program Housing Agency by the United States Department of Housing and Urban Development (the Department) as the County administers the Housing Choice Voucher (HCV) program County- wide for all residents (formerly known as Section 8 Housing); and WHEREAS, the Department annually publishes the Fair Market Rent (FMR) in the Federal Register to be used by Program Housing Agencies such as Indian River County; and WHEREAS, Department regulations mandate all HCV Program Housing Agencies that administer Housing Choice Vouchers adopt these Payment Standards between ninety percent (90%) and one hundred ten percent (110%) of the Fair Market Rent established by the Department and for a reasonable accommodation Payment Standard for each bedroom size can go up to 120%, per HUD guidelines; and WHEREAS, the Indian River County Board of County Commissioners has adopted the Housing Choice Voucher Program current Payment Standards set between ninety percent (90%) and one hundred ten percent (110%) of the FMR; and WHEREAS, the Indian River County Board of County Commissioners requires an adjustment to adopt the Housing Choice Voucher Section 8 Program Payment Standards, effective October 1, 2023, and these standards are set between ninety percent (90%) and one hundred ten percent (110%) of FMR, and WHEREAS, Department regulations require annual adoption and approval of Payment Standard Amounts: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Board hereby adopts and approves the adjustment of the Payment Standard amounts to be within ninety percent (90%) and one hundred ten percent (110%) and for all bedroom sizes up to 120% based on a reasonable accommodation of Fair Market Rent not to exceed 40% Total Tenant Payment for beginning Fiscal Year 2024 as set forth below: Efficiency One -Bedroom Two -Bedroom Three -Bedroom Four -Bedroom $928 $1151 $1,389 $1,709 $1894 395 RESOLUTION 2023 - 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 Earman Vice Chairman Susan Adams Commissioner Joseph Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 15th day of August, 2023. Attest: Ryan L. Butler, Clerk of Court and Comptroller By Deputy Clerk Approved: John A. Titkancih, Jr. County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 2 INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Joseph H. Earman, Chairman 396 Dylan Reingold., County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Oce of INDIAN MEMORANDUM TO: Board of County Commissioners THROUGH: Robin Miller, Housing Program Manager FROM: William K. DeBraal, Deputy County Attorney DATE: August 4, 2023 Consent 08/15/2023 RIVER COUNTY ATTORNEY SUBJECT: Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program for Federal Fiscal Year 2024 Indian River County Code provides for the Deputy County Attorney to be the Fair Housing Coordinator for the County. Among the County's housing programs is the Housing Choice Voucher Program, (HCV) formerly known as Section 8 Housing. Federal regulations require the Board to approve by resolution the utility rates on an annual basis. The Housing Choice Voucher Program is a federally funded program administered by the County's Housing and Rental Assistance Department (Rental Assistance). The HCV Program is designed to benefit all participants. Private providers that own multi or single-family homes apply to Rental Assistance for participation in the HCV program. The units are inspected and approved for the HCV Program. Upon approval, private owners qualify for tax incentives that make participation in the Program profitable. The County owns no HCV Program housing. The County benefits from the Voucher Program by receiving a $70.00 processing fee from the Department of Housing and Urban Development (HUD). The County's Comprehensive Plan objective of providing housing to low and very low income citizens is met by participating in the Voucher Program. Each year, the Board must approve the rates for water, sewer, gas, electric, and propane in our area. For this fiscal year, Rental Assistance retained The Nelrod Company to conduct a local rate study for these utilities. Staff reviewed and approved the Nelrod rate study report and has included the results on a spread sheet attached to the resolution. Those rates must be approved by the County as it is a participant in the HCV Program. The resolution approving annual utility rates for Fiscal Year 2024, effective October 1, 2023, is attached for the Board's consideration. 397 Approval of Resolution for Utility Rates for Housing Choice Voucher Program August 4, 2023 12 Funding: There is no funding associated with this resolution. Recommendation. Staff recommends the Board approve the utility rate resolution for Fiscal Year 2024 and authorize the Chairman to execute the resolution on behalf of the Board. Copies to: Andrew Sobczak, Interim Community Development Director Robin Miller, Housing Program Manager 398 RESOLUTION 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING REVISIONS TO THE HOUSING CHOICE VOUCHER PROGRAM UTILITY ALLOWANCE SCHEDULE FOR FISCAL YEAR 2024 WHEREAS, the US Department of Housing and Urban Development (HUD) requires annual review of utility costs to ensure that utility allowances given to Housing Choice Voucher Program (formerly Section 8) participants are reasonable and within regulatory compliance; and WHEREAS, in order to assure fair utility allowances, the Indian River County Rental Assistance Program retained The Nelrod Company to survey and study rates for all types of utilities: electric, gas, water, sewer, propane, etc. using methodology analyzing consumption and utility rates by each housing type and by each bedroom size which resulted in a written report; and WHEREAS, the Rental Assistance Program staff analyzed the written report and established its Utility Allowance Schedule with revisions effective October 1, 2023 and the schedule is in compliance with HUD regulations; and WHEREAS, changes in the Utility Allowance Schedule effective October 1, 2023 for fiscal year 2024 are attached as Exhibit A; and WHEREAS, the use of the Utility Allowance Schedule keeps the Indian River County Housing Choice Voucher Program in compliance with HUD regulations and in line with current market conditions; and NOW, THEREFORE BE IT RESOLVED that the Indian River County Board of County Commissioners accepts and approves the complete Utility Allowance Schedule attached hereto, effective October 1, 2023, and directs staff to determine individual utility rate allowances in accordance with the Housing Choice Voucher Program. 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. Fletcher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 15th day of August, 2023. 399 RESOLUTION 2023 - INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Joseph H. Earman, Chairman 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 County Attorney 2 400 Utility Allowance Schedule See Public Reporting and Instructions on back. Exhibit "A" U.S. Department of Housing and Urban OMB Approval No. 2577-0169 Development (exp. 04/30/2026) Office of Public and Indian Housing The following allowances are used to determine the total cost of tenant-furnised utilities and appliances. Locality/PHA Indian River County Board of Commissioners, FL Unit Type: Multi -Family (Apartment/Row House/Townhouse/Semi-Detached/Duplex)- Date (n5m/dd/yyyy) Utility of Service FuehType 0 BR 1 BR 2 BR 3811 4 BR 5 BR Heating Natural Gas N/A N/A N/A N/A N/A N/A Bottle Gas $33.00 $37.00 $37.00 541.00 $41.00 $41.00 Electric $6.00 $7.00 $8.00 $8.00 $9.00 $10.00 Electric Heat Pump $5.00 $6.00 $7.00 $8.00 58.00 $9.00 Fuel Oil Cooking Natural Gas N/A N/A N/A N/A N/A N/A Bottle Gas $8.00 $12.00 $16.00 $21.00 $29.00 $37.00 Electric $5.00 $6.00 $8.00 $11.00 $13.00 $16.00 Other Electric $18.00 $21.00 $30.00 $38.00 $46.00 $55.00 Air Conditioning $15.00 $18.00 $25.00 $32.00 $39.00 $46.00 Water Heating Natural Gas N/A N/A N/A N/A N/A N/A Bottle Gas $21.00 $21.00 $37.00 $45.00 S58.00 566.00 Electric $10.00 $12.00 $16.00 $19.00 522.00 $26.00 Fuel Oil Water (avg) $18.00 $21.00 $27.00 $32.00 $39.00 $46.00 Sewer (avg) $32.00 534.00 $39.00 $45.00 $50.00 $55.00 Trash Collection (avg) $13.00 $13.00 $13.00 $13.00 $13.00 $13.00 Other specify_ Electric Charge $10.67 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 Range/Microwave $11.001 $11.001 $11.00 $11.00 $11.00 $11.00 Refrigerator $12.001 $12.001 $12.00 $12.00 $12.00 $12.00 Aetuall Family Allowances -May be used by the family to compute allowance while searchinq for a unit. Utility/Service/Appliance Allowance Heating Head of Household Name Cooking Other Electric Air Conditioning Unit Address Water Heating Water Sewer Trash Collection Other Number of Bedrooms Range/Microwave Refrigerator Total Certified -'- Compliance* �• 11YJl7Jlr',4. // •' 2023V�` The Nelrod Company 5/2023 Update adapted from form HUD -52667 (04/2023) 401 AP V Of CB Of Consent Agenda 8/15/2023 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Susan Prado, Assistant County Attorney DATE: July 26, 2023 SUBJECT: Request to move forward with Voluntary Dismissal of Claim against Suncor Ft. Pierce, LLC Background: Pursuant to Florida Statute Section 162.09(1), the Code Enforcement Board shall notify its local governing body of a violation that presents a serious threat to the public health, safety, and welfare, and that the local governing body may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of those repairs. On December 6, 2022 the Board granted Staff permission to file an injunction against the owner of the property located at 560 Stoney Brook Farm Court (herein after "Subject Property"). The purpose of the injunction was to enter onto the Subject Property and secure the pool that posed a health and safety hazard with a fence. After filing of the injunction Staff was unable to establish service on the Respondent after numerous attempts. However, shortly after filing the injunction Respondent's bank filed for foreclosure on the property and agreed to construct the fence around the pool to stop the health and safety hazard the unsecured pool caused. The fence was permitted, installed, and passed inspection. Staff is now seeking this Board's approval to move forward with filing of a Notice of Dismissal of the action on the Subject Property because the property has since been brought into compliance by the bank and Staff intervention is no longer necessary. The County Attorney's Office did confer with the Code Enforcement Division on this and they are in support of the dismissal. 402 Board of County Commissioners Re: Request to move forward with Voluntary Dismissal of Claim against Suncor Ft. Pierce, LLC July 26, 2023 — Page 2 Funding: There is no cost associated with this item. Recommendation: Staff recommends the Board authorize staff to move forward in the filing of a Notice of Voluntary Dismissal for the above-named injunction. Attachments: Memo to BCC from December 6, 2022 Closeout of fence inspection on property 403 INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Phillip J. Matson, AICP Community Development Director FROM: Rebeca Guerra, AICP, LEED-AP, CPD Chief, Environmental Planning & Code Enforcement DATE: 11/29/2022 RE: Request for Authorization to Secure a Pool Located at 560 Stoney Brook Farm Court It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of December 6, 2022. DESCRIPTION AND CONDITIONS Suncor Vero Beach, LLC (respondent) owns residential property with a partially completed house located at 560 Stoney Brook Farm Court in Indian River County. Beginning in July of 2017, County Code Enforcement Staff began receiving complaints regarding a swimming pool at this location. Inspections by Code Enforcement Staff identified an unsecured and unmaintained swimming pool in the rear of the property, and code enforcement action was taken. Although the pool was temporarily brought into compliance, it reverted back out of compliance and additional Code Enforcement action was needed. In 2019, after the pool came out of compliance again, the respondent was brought back before the Code Enforcement Board (CEB) as a repeat violator. Although this action resulted in a $100 per day fine being imposed, the pool's unmaintained and unsecured condition remained unresolved. During this timeframe, it is important to note that additional violations for overgrown weeds, property maintenance, and expired building permits (which include the unfinished house) were occurring resulting in an additional $100 per day fine being imposed. To address the multiple ongoing violations, numerous complaints, and the two fines accruing, on October 24, 2022, Code Enforcement Staff requested authorization from the Code Enforcement Board to proceed with foreclosure proceedings on the subject property. In addition to granting this authorization, the CEB also voted to authorize staff to seek a resolution to the unmaintained and unsecured pool as a separate endeavor. This type of request is in line with Section 162.09(1) of the Florida Statutes that stipulates a municipality's CEB shall notify its local governing body of a violation that presents a serious threat to the public health, safety, and welfare, and that the local governing body may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable costs of those repairs. 404 In accordance with the CEB's action at its October 24, 2022, meeting, Code Enforcement Staff has prepared this item to both update the Board of County Commissioners on the status of the subject pool, and to seek its authorization to go forward with resolving the pool's issues. ANALYSIS The Residential Swimming Pool Safety Act (as delineated in Chapter 45 of the Florida Residential Building Code) requires pool safety measures for pools built after October 1, 2000. These safety measures include items such as pool enclosures, pool covers, doors that are self-closing with a self -latching device, and exit alarms. Currently, the subject pool is not properly secured and is partially full of water/algae. To resolve these two issues, the pool can be fill-in with dirt to avoid future instances of water accumulation, thus preventing any imminent algae and/or mosquito problems. Secondly, a 4 -foot high fence that satisfies the barrier requirements of Chapter 45 of the Florida Residential Building Code can be constructed around the pool. ALTERNATIVES The Board of County Commissioners has several alternatives to consider in this matter. These alternatives are: Take no action. This alternative would result in daily fines continuing to accrue while foreclosure proceedings move forward via outside counsel. This alternative, however, would not resolve the immediate hazards of the unmaintained and unsecured pool. Direct staff to seek a court order to enter onto the subject property and resolve the swimming pool's safety and maintenance issues by filling-in the pool and erecting a 4 -foot high fence around the entirety of the pool. This alternative would alleviate both immediate hazards of the unmaintained and unsecured pool. RECOMMENDATION Staff recommends Alternative 2, that the Board of County Commissioners direct staff to seek a court order to allow staff access to the subject property to secure the pool, authorizing the County's employees, servants, agents, or contractors to enter upon the Suncor Vero Beach, LLC property located at 560 Stoney Brook Farm Court at all reasonable times, fill-in the pool, and erect a 4 -foot high fence around the entirety of the pool. FUNDING Funding for the expenditure (approximately $12,000) will be made available in the MSTU/Road & Bridge/Other Contractual Services Account# 00421441-033490 through a budget amendment from the MSTU/Reserve for Contingency. To date, the current outstanding Code Enforcement fines for the property are $120,600. The collection of these fines, either by themselves or in conjunction with the foreclosure, may be used to address the County's outlay of costs for resolving the safety and maintenance issues of the pool. ATTACHMENTS 1. Photos of the subject property and pool 2. Minutes from 10.24.22 CEB meeting 405 i Should contact Indian River County at (772) 226-1260 for further information. 560 STONEY BROOK FARM 5616132444 CT VERO BEACH, FL 32968 7/17/2023 12:00:00 AM 7/17/2023 7:40:26 AM 7/17/2023 7:40:39 AM You can download this report or request additional inspections at www.MyGovernmentOnline.org. For software assistance please call 866.957.3764. 406 For questions about this inspection please contact your jurisdiction 407 4YAL— CONSENT: 8/15/2023 Office of INDIAN RIVER COUNTY ATTORNEY William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: William K. Debraal, County Attorney DATE: August 1, 2023 SUBJECT: Resolution Cancelling Taxes — Purchased from Willie James Cobb A resolution has been prepared for the purpose of earmarking the public use of the following property and cancelling any delinquent, omitted or current taxes which may exist on the property obtained by Indian River County: Public Purpose: Right -of -Way for 41 st Street Left Turn Lane (EB) at US 1 Location/Description: 2155 41 ST ST — PID 32-39-26-00008-0000-00011.0 Purchased from: Willie James Cobb Instrument: Warranty Deed, recorded in Book 3635, Page 214 of the public records of Indian River County FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the property purchased by or donated to Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. ATTACHMENTS: Resolution Warranty Deed cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 408 Purchased from Willie James Cobb Public Purpose: Right -Of -Way for 41st Street Left Turn Lane (EB) at US1 Tax Parcel No(s).: 32-39-26-00008-0000-00011.0 RESOLUTION NO. 2023- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 1 409 RESOLUTION NO. 2023 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Willie James Cobb for Right -Of -Way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deed describing lands, recorded in O.R. Book 3635, Page 214 of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this 15th day of August, 2023. E 410 RESOLUTION NO. 2023 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA go Joseph H. Earman, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding _ X_ Yes No Current Prorated Tax Received and Deposited with Tax Collector $0.00 Approved as to form and legal sufficiency: By: William K. DeBraal County Attorney 3 411 3120230035154 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3635 PG: 214,7/12/2023 3:08 PM D DOCTAX PD y1.56.80 This instrument prepared by & return to: Taylor O'Brien Atlantic Coastal Land Title Company LLC 855 21 st Street_ Suite C Vero Beach, FL 32960 Consideration: $22,400.00 Rec.: $.00 Tax ID No: 3239260000800000001L0 Our File: 2023-6849 General Warranty Deed Made this 28th day of June. 2023 by Willie James Cobb, Single, whose post office address is: 4204 24th Court, Vero Beach, FL 32967, hereinafter called the grantor, to: Indian River County, a political subdivision of the State of Florida, whose post office address is: 1801 27th Street, Vero Beach, FL 32960, hereinafter called the grantee, (Whenever used herein the term "grantor' and "grantee' include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: that the grantor, for and in consideration of the sum of Twenty -Two Thousand Four Hundred and 00/100 Dollars ($22,400.00), and other variable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situated in Indian River, Florida, viz: Being a Parcel of land lying in portion's of Lot's 11 and 12, according to the Plat of Epsy's Subdivision, as recorded in Plat Book 2, Page 36, Public Records of Saint Lucie County, Florida, said Parcel now lying and being in Indian River County, Florida, said Parcel being more particularly described as follows: Beginning at the Northeast corner of said Lot 12, thence South 00 degrees 17 minutes 34 seconds East, along the East line of said Lot 12, and the West right of way line of 21st Avenue (being a 30.00 foot wide right of way) a distance of 45.00 feet; thence departing the East line of said Lot 12, North 45 degrees 06 minutes 27 seconds West, a distance of 28.37 feet; thence North 89 degrees 55 minutes 16 seconds West, along a line that is 25.00 feet South of, and parallel with, as measured at right angles to, the North line of said Lot's 11 and 12, a distance of 88.03 feet to the West line of said Lot 11; thence North 00 degrees 17 minutes 34 seconds West, along said West line a distance of 25.00 feet to the Northwest corner of said Lot 11; thence South 89 degrees 55 minutes 16 seconds East, along the North line of said Lot's i l and 12, said line also being the South right of way line of 41st Street (South Gifford Road) being a 55.0 foot wide right of way, said line also being 15.0 feet South of and parallel with, as measured at right angles to, the South line of the Northwest One Quarter of Section 26, Township 32 South, Range 39 East, a distance of 108.00 feet to the Point of Beginning. Said property is not the homestead of the Grantor under the laws and constitution of the State of Florida in that neither Grantor nor any members of the household of Grantor reside thereon. Parcel ID Number: 32392600008000000011.0 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to 12/31/2022. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. 412 BK: 3635 PG: 215 Signed, Sealed and Delivered in Our Presence: Witness IM �(i,( 6. Printed Name: u 1 State of Florida County of Indian River The foregoing instrument was acknowledged before me by means of ysical presence or U online notarization, this 28"' day of June, 2023 by Willie James Cobb who [j is personally known or as produced a driver's license as identification. [Seal] Np is Print Name: My Commission Expires: ia'r "°-. JASONDUAL`- Notary Public -a �` CommissionAly Comm. Expi24Bonded thro* Natin. 413 Witness Printed / Willie James Cobb Witness IM �(i,( 6. Printed Name: u 1 State of Florida County of Indian River The foregoing instrument was acknowledged before me by means of ysical presence or U online notarization, this 28"' day of June, 2023 by Willie James Cobb who [j is personally known or as produced a driver's license as identification. [Seal] Np is Print Name: My Commission Expires: ia'r "°-. JASONDUAL`- Notary Public -a �` CommissionAly Comm. Expi24Bonded thro* Natin. 413 BK: 3635 PG: 216 Sketch and Legal Description for: INDIAN RIVER COUNTY LOT 19 J.T. Grays DaSTMIG SANITARY Town of Gifford Subdivision zo SEWER SERVICE ALLY (P.B. 1, PAGE 89) (O,R.B. 1318. PG. 2767) (BREVARD CO., FL.) RIGHT OF WAY LINE 41st Street 3i (South Gifford Road) Point of 8e innin NORTHEAST CORNER A LOT 12, c• SOUTH LINE OF THE NORTHWEST 1/4 JESPY's SA30MSION _ _ t SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST P.8,3. Z, PAGE 36 2V DRANAGE EASEMENT i n ; N.W. CORNER n i O.R.B. 1590, OT 11 PG. 1091 • r n t T OF WAY UNE ___�____ a arcel No. O 2,900 SO. FT. O (0.07 ACRESi) Q 0 z N8T55'16"W —� 88.03' 32-39-26-00008-O000-00017.0 0YAWrn 2155 411mtESTREET COGS, S�.s 32-39OW DIKE 006 LL.C. 10.0 'Y OW 800£ 1086 LLC. 1088 OLD DIXIE HIGHWAY LOT 10 LOT 11 LOT 12 N LOT 13 O ~ A N w m -4 D Espy s Su division r- (P.B.S. 2, 1 AGE 36) > N KC > Z C C r'1rn Z LOT 18 Not to Scale 1 I 4 This is not a Boundary Surveyi I AGENCY: INDIAN RIVER COUNTY, FL Sketch and Legal Description PUBLIC WOMM DEPT. ENGINEERING W. DATE: DRAWN BY: for. 11/02/2021 R. )NGLETf SCALE: APPROVED BY: INDIAN RIVER COUNTY N/A D. SCHRYVER SHEET: JOB NO: (Parcel 5} 2 OF 2 IRC -1359 414 William K. DeBraal, County Attorney Susan J. Prado, DeputyCounty Attorney Fain Of ce of Consent 0811512023 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: August 7, 2023 SUBJECT: Contract for Deputy County Attorney Susan Prado BACKGROUND: At its meeting of July 11, 2023 the Board of County Commissioners (Board) approved the appointment of Susan Prado to the position of Deputy County Attorney. Ms. Prado has served as Assistant County Attorney since February of 2018 and has been practicing law for ten years. The Indian River County Administrative Policy Manual calls for the Board to approve any contract for employment in excess of one year. Ms. Prado has asked for a three-year contract and therefore her contract must be approved by the Board. DISCUSSION: The proposed Employment Agreement is attached and is very similar to the employment contracts with the County Attorney, County Administrator and Deputy County Administrator. RECOMMENDATION: The County Attorney recommends that the Board of County Commissioners approve the attached Employment Agreement with the Deputy County Attorney and authorize the County Attorney to sign the Agreement. ATTACHMENT: Deputy County Attorney's Employment Agreement 415 DEPUTY COUNTY ATTORNEY EMPLOYMENT AGREEMENT This Agreement is made and entered into as of this day of August, 2023, by and between William K. DeBraal as the Indian River County, Florida County Attorney, Florida, (hereafter "COUNTY ATTORNEY") and Susan J. Prado (hereafter "DEPUTY ATTORNEY"). SECTION 1. EMPLOYMENT The COUNTY ATTORNEY hereby employs the DEPUTY ATTORNEY as an employee of Indian River County, Florida ("County") as County Attorney for a period of three (3) years, effective July 31, 2023. SECTION 2. DEPUTY COUNTY ATTORNEY'S DUTIES The DEPUTY ATTORNEY shall devote full time and attention to the practice of law on behalf of County. The DEPUTY ATTORNEY shall not engage in the compensated practice of law except as an employee of County, unless 1) authorized by the COUNTY ATTORNEY to do SO. SECTION 3. ETHICS OF THE DEPUTY ATTORNEY The DEPUTY 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 31, 2023, for all services rendered by DEPUTY ATTORNEY, DEPUTY ATTORNEY shall be paid an annual salary of $123,500 (one hundred twenty three thousand, five hundred dollars) ("Salary"), payable in twenty-six (26) bi-weekly installments of $4,750, as adjusted for required deductions. DEPUTY 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. DEPUTY ATTORNEY shall be deemed to be an exempt employee for the purposes of the Fair Labor Standards Act. DEPUTY ATTORNEY shall be eligible for a one time pay increase of 3-5% following successful completion of a six-month probation period ending January 31, 2024, and on each anniversary thereafter, a progression pay increase annually as provided in Indian River County Administrative Policy Manual section AM — 304.1(5). In addition to Salary, DEPUTY ATTORNEY shall be entitled to a car allowance in the standard amount for senior County employees receiving a car allowance. C: IGradmVeotq .51LfITmpWw8*c-4&f-4879- d7W38d59e2662Sdw 416 SECTION 5. INDIAN RIVER COUNTY ADMINISTRATIVE MANUAL Except as set forth herein, DEPUTY 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 DEPUTY 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 DEPUTY ATTORNEY shall be entitled to severance rights as set forth in Section 10 below. In determining accrued paid vacation leave, DEPUTY ATTORNEY shall receive service credit on a year for year basis inclusive of the prior three years of service as an attorney for the state of Florida Guardian ad Litem Program. SECTION 6. ADDITIONAL BENEFITS In addition, County shall pay for DEPUTY 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 DEPUTY ATTORNEY's Florida Bar dues, relevant Florida Bar section fees, Florida Association of County Attorneys dues, and Indian River County Bar Association dues. DEPUTY ATTORNEY shall be included in the Senior Management Class of the Florida Retirement System. SECTION 7. NATURE OF EMPLOYMENT DEPUTY 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 three (3) years from the commencement date written above. The agreement is not continuing in nature and must be renewed. DEPUTY ATTORNEY shall schedule the renewal of her employment agreement as an item for consideration by the COUNTY ATTORNEY 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 COUNTY ATTORNEY's option, County may pay sixty (60) days Salary in lieu of notice. SECTION 10. SEVERANCE In the event that the COUNTY ATTONEY either (i) terminates this Agreement without cause, or (ii) fails without cause to renew this Agreement on terms equally favorable to 2 417 DEPUTY ATTORNEY, County shall pay DEPUTY 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 DEPUTY 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, 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, DEPUTY ATTORNEY shall be paid accrued annual vacation and sick leave in accordance with the Manual; provided, however, that to the extent that DEPUTY ATTORNEY was employed under a prior employment agreement which provided that DEPUTY ATTORNEY would be paid "in full" for such accrued DEPUTY leave, ATTORNEY shall be paid in full for such leave during the period of time that DEPUTY 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. DEPUTY COUNTY ATTORNEY Lo Susan J. Prado Date approved: August , 2023 COUNTY ATTORNEY William K. DeBraal 3 418 William K. DeBraal, County Attorney Susan J. Prado, DeputyCounty Attorney WAW Ofce of Consent 811512023 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, County Attorney DATE: August 3, 2023 SUBJECT: Approval of Medical Examiners Building Ground Lease The Medical Examiner for the 19"' Judicial Circuit consisting of Indian River, St. Lucie, Martin, and Okeechobee counties have completed negotiations on a ground lease for the new Medical Examiners building. The building will be constructed on property owned by Indian River State College on Kirby Loop Road in Fort Pierce. An aerial photo attached to this memorandum identifies the location. All of the parties to the lease are in the process of having it approved by their respective boards. The lease term is for a period of 40 years with no term of renewal. The rental rate to be paid to the State College is one dollar per year. St. Lucie County will take the lead role in the design, permitting and construction supervision of the building. The County's fair share of cost of design and construction of the building is set by an interlocal agreement dated January 24, 2023 at 24.36% which was previously approved by the Board. There are three phases to this building: • Space needs analysis • Design • Construction As St. Lucie County proceeds with the various phases, each of the counties will be billed based on their pro rata share. Each county's pro rata share is based on its population. After review of the lease, it is approved as to form and legal sufficiency. Funding. There is no current impact to County funding by this matter, however, future costs for the three phases are budgeted in Optional Sales Tax/New Medical Examiner Bldg., Acct # 31590727- 066510-22033. Recommendation. Staff recommends that the Board approves the ground lease for the new medical examiners building on the campus of Indian River State College and authorize the chairman to execute the lease on its behalf. Attachment: aerial photo and ground lease Copies to Rich Szpyrka, P.E. Public Works Director 419 14 GROUND LEASE THIS GROUND LEASE ("Lease") is entered into this day of , 2023, between the District Board of Trustees of Indian River State College ("Lessor"), the Medical Examiner for the 19th Judicial Circuit ("Medical Examiner"), and Indian River County, Martin County, Okeechobee County, and St. Lucie County, political subdivisions of the State of Florida that collectively constitute the 19th Judicial Circuit (collectively, the "Counties" or "Lessee"). WHEREAS, the Lessor owns approximately 50 -acres of land located on Kirby Loop Road in St. Lucie County that is currently occupied by the Treasure Coast Public Safety Training Complex; WHEREAS, the Medical Examiner has declared a need for a new facility to serve the residents of the Counties; WHEREAS, Section 406.08(5), Florida Statutes, provides that autopsy and laboratory facilities utilized by the district medical examiner or his or her associates may be provided on a permanent or contractual basis by the counties within the district; WHEREAS, the Counties have agreed to share the cost of design and construction of the Medical Examiner's facility as set forth in that certain Interlocal Agreement recorded on January 24, 2023 at Official Records Book 4942, Page 345-363 of St. Lucie County ("Interlocal Agreement"); WHEREAS, the Counties as Lessee desire to lease from Lessor and Lessor desires to lease to Lessee approximately two (2) acres of Lessor owned land for the construction and operation of the new Medical Examiner's facility and its related site improvements ("ME Facility") for the benefit of the Medical Examiner; and WHEREAS, the Parties recognize the benefit of the Medical Examiner to the citizens of the Counties and the students and faculty of Lessor. NOW THEREFORE, in consideration of the rents to be paid by the Lessee and agreements hereinafter provided to be performed by the parties hereto, Lessor leases to Lessee, and Lessee accepts and rents from Lessor, the premises hereinafter described upon the terms and conditions hereinafter set forth. ARTICLE I LEASED PREMISES; USE Section 1.01. Leased Premises. Lessor does hereby lease, demise and let unto Lessee, and Lessee does hereby lease and rent from Lessor, that certain parcel of land described in Exhibit "A" attached hereto and made a part hereof (the "Premises"), being a portion of Lessor's Massey Campus ("Campus"), for purposes of designing, engineering, constructing, and operating the ME Facility on the terms outlined herein ("Permitted Use"). 421 ARTICLE II TERM OF LEASE AND COMMENCEMENT; CONTINGENCIES Section 2.01. Term of Lease. The Term of this Lease shall commence upon the last date of execution by the parties (the "Commencement Date") and shall expire forty (40) years after the Commencement Date (the "Initial Term"). Section 2.02. Renewal Option. Provided this Lease is in full force and effect and the Lessee is not in default hereunder, Lessor grants Lessee the option to renew the Lease for one additional forty (40) year period ("Renewal Term"). Counties may exercise the renewal option by delivering written notice of exercise to Lessor not less than one (1) year prior to the expiration date of the Initial Term. Section 2.03. Lessee Right to Terminate Lease. Notwithstanding anything contained herein to the contrary, the Lessee may terminate this Lease by providing sixty (60) days' notice to Lessor of such termination. ARTICLE III RENT Lessee agrees to pay to Lessor, without prior demand and without any setoff or deduction whatsoever, rent in the amount of one dollar ($1.00) per year. ARTICLE IV CONSTRUCTION, ALTERATION, AND MAINTENANCE OF IMPROVEMENTS Section 4.01. Construction. The ME Facility shall be constructed by Lessee, at its expense, and completed in compliance with all requirements of the law and in accordance with the Interlocal Agreement. Lessor shall reasonably cooperate with Lessee in defining and coordinating the ingress and egress routes that all construction traffic must use to access the Premises. Until the construction of the ME Facility has been finally completed (as evidenced by a final certificate of occupancy), Lessor shall provide to Lessee non-exclusive easements and rights of ways over the sidewalks, parking lots and roadways on the Campus in order to provide ingress and egress for pedestrians and vehicles to and from the Premises and/or to and from a duly open public street or right of way. Lessor has the right to change the locations of any such easements or rights of way, as it sees fit, as long as such changes do not unreasonably interfere with the construction of the ME Facility or prohibit Lessee's access to an open public street or right of way. Section 4.02. Alteration. Lessee may modify, alter or demolish any portion of the ME Facility or other improvements erected on the Premises at any time during the term of this Lease. 2 422 Section 4.03. Repairs, Replacement and Maintenance. Except as otherwise provided herein, including section 4.02, Lessee shall repair, replace, and maintain the ME Facility; provided however that Lessee is not required to repair, replace or maintain any roadway, service road, driveway, parking lot, parking space or sidewalk which is not located on the Premises, unless damage to such areas is caused by Lessee or Lessee's employees, agents, contractors, licensees or invitees. The division of the cost of repairs, replacement, and maintenance shall be shared according to the share calculation formula as set forth in Section 4.a.viii. of the Interlocal Agreement, which has been initially calculated as follows: St. Lucie 46.11% Indian River 24.36% Martin 22.42% Okeechobee 7.11% To facilitate annual budget planning, such percentages shall be recalculated on or before July 1 of each year, to be effective for the fiscal year starting October 1 of that year, utilizing the formula set forth in Section 4.a.viii. of the Interlocal Agreement. St. Lucie County shall invoice the other Counties for the cost of the repairs, replacement, and maintenance based on the County share calculation formula set out above. The other Counties shall pay St. Lucie County per the Florida Local Government Prompt Payment Act. ARTICLE V INDEMNIFICATION The parties recognize their respective liability for certain tortious acts of their agents, officers, employees and invitees, and agree to be responsible respectively for all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission due to the acts of its agents, servants, or employees, to the extent and within the limits provided by law, said governmental entities subject to the limits provided in Section 768.28, Florida Statutes, the State of Florida's partial waiver of Sovereign Immunity; provided, however, that this provision shall not be construed as a waiver of any right or defense that the governmental entities have under said statute or as consent to be sued by third parties. Each party covenants to maintain sufficient general liability and worker's compensation coverage, unless self-insured, regarding its respective liability, throughout the term of Agreement. The provisions of this Article V shall survive termination of this Lease. ARTICLE VI INSURANCE Section 6.01. Lessee's Liability Insurance. Without waiving the right to sovereign immunity, Lessee acknowledges that it is self-insured for general liability and automobile liability. Lessee agrees to maintain or to be self-insured for worker's compensation and employer's liability insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time to time. Lessee agrees to provide Lessor upon request with an affidavit or certificate of insurance evidencing insurance, self-insurance and/or sovereign immunity status, which the parties agree to 3 423 recognize as acceptable for the above -referenced coverages. Compliance with the requirements of this paragraph shall not relieve Lessee of its liability and obligations under this Agreement. Section 6.02. Lessor's Liability Insurance. Without waiving the right to sovereign immunity, Lessor acknowledges that it is self-insured for general liability and automobile liability. Lessor agrees to maintain or to be self-insured for worker's compensation and employer's liability insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time to time. Lessor agrees to provide Lessee upon request with an affidavit or certificate of insurance evidencing insurance, self-insurance and/or sovereign immunity status, which the parties agree to recognize as acceptable for the above -referenced coverages. Compliance with the requirements of this paragraph shall not relieve Lessor of its liability and obligations under this Agreement. ARTICLE VII DAMAGE, DESTRUCTION, AND EMINENT DOMAIN Section 7.01. Damage and Destruction of the ME Facility. In the event the ME Facility is damaged or rendered totally or partially untenantable by fire or other casualty ("Damage"), Lessee shall give notice to Lessor within ten (10) business days of such Damage. If the ME Facility has been Substantially Damaged (as defined hereinafter), then within ninety (90) days, or such longer period as is reasonably required under the circumstances (but not to exceed one hundred twenty (120) days), following any Damage, Lessee, in its sole and absolute discretion, may elect in writing to rebuild or repair such Damage, at Lessee's expense, or to terminate this Lease. If Lessee fails to timely make such election, then Lessor may send a written notice to Lessee requesting that Lessee make such election. Lessee's failure to respond within twenty (20) days after receipt of such written request shall be deemed to be an election by Lessee not to rebuild or repair such Damage. For purposes hereof, "Substantially Damaged" shall mean if the cost of repairing or replacing the same exceeds fifty percent (50%) of their replacement cost immediately prior to the casualty (excluding the value of foundations, footers, and paving). If Lessee elects to not rebuild or restore the ME Facility or any part thereof, Lessee agrees to deliver the Premises to Lessor in broom -clean condition, and, at Lessor's option, Lessee shall demolish/remove any improvements remaining on the Premises, or those specified in writing by Lessor, no later than two hundred ten days (210) days after the date of the casualty and this Lease shall terminate on the date Lessee completes the demolition/removal but in any event no later than two hundred ten (2 10) days after the date of the Damage. If the ME Facility is not substantially damaged, Lessee shall promptly rebuild or repair such Damage at Lessee's sole cost and expense. Repairs and replacements shall be made in accordance with this Lease. Lessee shall be entitled to adjust, collect, and compromise, in its sole discretion, all claims under any applicable insurance policies carried by Lessee, to execute and deliver all necessary proofs of loss, receipts, vouchers and releases required by the insurers and to use any such proceeds as Lessee shall elect in its sole discretion, subject to its obligations under this Section. Section 7.02. Eminent Domain. In the event the Premises, or any part thereof, shall be taken or condemned for public purposes by any competent authority, having the power of eminent domain, or by voluntary conveyance in lieu of the exercise of such power, and Lessee determines in its reasonable discretion that such condemnation will have a material adverse impact on the ability of Lessee to conduct its business from the Premises; then, within thirty (30) days after the 4 424 date on which Lessee receives written notice that such condemnation has occurred, Lessee shall have the right to terminate this Lease by written notice to the Lessor, which termination shall be effective as of the date such competent authority takes physical possession of the Premises or any part thereof. Lessor shall be entitled to receive the compensation award for any taking of the real property; and Lessee shall be entitled to receive the compensation award for any taking of Tenant's improvements comprising the ME Facility and Personalty (as described in Section 8.02), leasehold interest, loss of business use and opportunity, costs of removal of Personalty and relocation expenses, and any other award that does not have the effect of reducing Lessor's award, provided that Lessee proves such damages in any condemnation proceeding. ARTICLE VIII POSSESSION, TITLE TO IMPROVEMENTS, AND SURRENDER Section 8.01. Possession by Lessee. Lessor covenants and warrants that it has full right and authority to enter into this Lease for the full term hereof. Lessor further covenants that Lessee, upon paying the rents provided for herein and upon performing the covenants and agreements of this Lease to be performed by Lessee, will have, hold and enjoy the quiet possession of the Premises without disturbance, hindrance or ejection by Lessor or anyone claiming by, through, or under Lessor. Section 8.02. Title to Improvements and Personalty. Lessor acknowledges and agrees that title to (i) all improvements comprising the ME Facility, including, but not limited to, all buildings, structures, building systems (HVAC, mechanical, electrical and plumbing components of the ME Facility), fixtures, utility lines, pipes, connections and other infrastructure constructed or installed on the Premises by Lessee, other than the utility lines, connections and other infrastructure which Lessee is required to transfer by any governmental authority to any governmental authority or to Lessor and (ii) any and all equipment, furniture, furnishings, appointments and other personal property to be located therein, regardless of whether such items are affixed or attached to the Premises in any manner (collectively, the "Personalty"), whether now or hereafter acquired during the Initial Term or any Renewal Term (collectively, the "Term"), is and shall remain the sole property of the Medical Examiner during the Term of the Lease. The Medical Examiner shall be authorized to remove any Personalty prior to the expiration or earlier termination of the Lease. After the date the Term expires or this Lease is terminated if it is terminated prior to the natural expiration of the Term, any Personalty left on the Premises shall be deemed to be a part of the ME Facility unless Lessor provides the Medical Examiner notice prior to the termination of the Lease of Lessor's desire that the Medical Examiner remove the Personalty from the Premises. Section 8.03. Surrender of Premises and Improvements. Upon termination of this Lease, the ME Facility shall then become property of Lessor and the ME Facility and Premises shall be surrendered at that time. Lessee agrees to execute such documents as may be reasonably required to evidence termination of the Lease and the transfer of ownership of the ME Facility to Lessor. The requirements of this Section 8.03 shall survive termination or expiration of this Lease. ARTICLE IX RIGHT OF FIRST REFUSAL 5 425 Section 9.01. Right of First Refusal. St. Lucie County shall have the right of first refusal to purchase the Premises as hereinafter set forth. If at any time during the Term, Lessor shall receive an independent, bona fide offer from a third party for the purchase of the Premises, which offer Lessor shall desire to accept (the "Offer"), Lessor shall promptly deliver to St. Lucie County a copy of such Offer. St. Lucie County may, within forty-five (45) days thereafter, elect to purchase the Premises on the same terms and conditions as those set forth in the Offer. Notwithstanding the foregoing, St. Lucie County shall not have a right of first refusal in the event of a transfer of the Premises by Lessor for no consideration to any affiliated entity, organization or corporate body whatsoever, including without limitation any kind of joint venture or cooperative undertaking where Lessor or any of its affiliated entities retains material involvement with the Premises, it being the intent of this provision that only transfers to unrelated third parties for valuable consideration be the subject of this right of first refusal. In the event that the Offer is for the purchase of any property owned by Lessor's which also includes the Premises, St. Lucie County shall have the option to purchase only the Premises at the same per acre value as contained in the Offer. Section 9.02. Continuance of Right. If Lessor receives an offer for the purchase of the Premises or any of Lessor's Property which includes the Premises which is not accepted by Lessor, the Lessee's right of first refusal shall remain applicable to subsequent offers. If Lessor shall sell the Premises or any of Lessor's Property which includes the Premises after a failure of Lessee to exercise its right of first refusal, such sale shall be subject to this Lease, and the right of first refusal shall continue and shall be applicable to subsequent sales of the Premises provided that this right of first refusal shall expire upon termination of this Lease. ARTICLE X DEFAULT AND REMEDIES Section 10.01. Events of Default. The following events shall be deemed to be events of default by Lessee under this Lease: A. Failure by Lessee to comply with any term, provision or covenant of this Lease, including failure of Lessee to use and occupy the Premises only for the Permitted Use, and failure by Lessee to cure such failure within thirty (30) calendar days (forthwith, if the default involves a hazardous condition) after written notice thereof to Lessee, however, in the event said default cannot be cured within said thirty (30) day period and Lessee is diligently attempting in good faith to cure same, the time period shall be reasonably extended to allow Lessee additional cure time; or B. Failure by Lessee to immediately vacate the Premises upon termination of this Lease, by lapse of time or otherwise; or C. Default by Lessee under the terms of the Interlocal Agreement. Section 10.02. Default by Lessor. If Lessor shall fail to comply with any term, provision or covenant of this Lease and shall not cure such failure within thirty (30) calendar days (forthwith, if the default involves a hazardous condition) after written notice thereof to Lessor, however, in R 426 the event said default cannot be cured within said thirty (30) day period and Lessor is diligently attempting in good faith to cure same, the time period shall be reasonably extended to allow Lessor additional cure time. Section 10.03. Remedies. Upon the occurrence of an event of default that is not cured during the applicable cure period, this Lease may be terminated by the non -defaulting party upon sixty (60) days' written notice. In addition, either party may seek from an appropriate court declaratory, injunctive or other equitable relief for enforcement of any provision of this Lease, and the party against whom such injunctive or equitable relief is sought shall not seek or require the moving party to post any bond. These remedies are not intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or future exercise thereof. ARTICLE XI CONSTRUCTION AND OTHER LIENS Section 11.01. Construction and Other Liens. Lessee shall have no authority, expressed or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Lessor in the Premises including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Lessee by this instrument. Lessee covenants and agrees that it shall pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the ME Facility and that it shall save and hold Lessor harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of Lessor in the Premises or under the terms of this Lease. In the event any mechanic's lien which may be imposed by law affecting Lessor's interest in the Premises shall be placed upon the Premises, and in case of the filing of any such lien, Lessee shall promptly pay or transfer same to security as permitted by Florida law. If any such lien shall remain in force and effect for thirty (30) calendar days after written notice thereof, Lessor shall have the right and privilege, at Lessor's option, of paying or bonding and discharging the same or any portion thereof subject to Lessee's right to contest the validity thereof, and any amounts so paid, including expenses and interest, shall be additional rent hereunder due from Lessee to Lessor and shall be repaid to Lessor immediately on rendition of a bill therefore. Lessee shall notify all potential lienors with which it deals of the contents of this Section. The provisions of this Section 11.01 shall survive termination of this Lease. ARTICLE XII MISCELLANEOUS Section 12.01 Notices. Whenever under this Lease a provision is made for any demand, notice or declaration of any kind or where it is deemed desirable or necessary by either party to 7 427 give or serve any such notice, demand or declaration to the other, unless otherwise specifically provided herein, all notices to be given hereunder shall be in writing and sent to the parties as hereinafter provided, by hand delivery; certified mail, return receipt requested, postage prepaid; or by a nationally recognized overnight courier service. Any such notice shall be deemed given upon the earlier of receipt by the addressees if hand delivered (or attempted delivery if refused by the intended recipient thereof), on the next business day after deposit with a recognized overnight courier service, or on the third (3rd) day following deposit thereof in the United States mail. The place to which any party is entitled to receive any notice and the person(s) or attorney(s) designated to receive any notice on behalf of any party may be changed by such party by giving notice thereof in accordance with the foregoing provisions. The County Attorney for St. Lucie County is authorized to send notices and demands on behalf of the Lessee hereunder. The parties hereby designed the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: IF TO IRSC: With a copy to: Vice President of Financial Services and CFO 3209 Virginia Avenue Fort Pierce, Florida 34982 IF TO MEDICAL EXAMINER: With a copy to: Medical Examiner for District 19, Florida 2500 South 35th Street Fort Pierce, Florida 34981 IF TO COUNTIES: With a copy to: St. Lucie County Administrator St. Lucie County Attorney 2300 Virginia Avenue 2300 Virginia Avenue Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 Indian River County Administrator Indian River County Attorney 180127' Street, Building A 1801 27th Street, Building A Vero Beach, Florida 32960 Vero Beach, Florida 32960 Martin County Administrator Martin County Attorney 2401 S.E. Monterey Road 2401 S.E. Monterey Road Stuart, Florida 34996 Stuart, Florida 34996 Okeechobee County Administrator Okeechobee County Attorney 304 Northwest Second Street 304 Northwest Second Street Okeechobee, Florida 34972 Okeechobee, Florida 34972 8 428 Section 12.02. Waiver. One or more waivers of any covenant, term, or condition of this Lease by any party shall not be construed by any other party as a waiver of a subsequent breach of the same covenant, term, or condition. The consent or approval of either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Section 12.03. Relationship of Parties. Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between Lessor and Lessee. Section 12.04. Venue and Choice of Law. In the event it is necessary for any party to initiate legal action regarding this Lease, venue shall be in the 19th Judicial Circuit in and for St. Lucie County, Florida, for claims under state law, and in the Southern District of Florida for claims justiciable in federal court. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PART HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY, INCLUDING AN ADVISORY JURY, IN ANY LITIGATION RELATED TO THIS AGREEMENT. In any litigation permitted by this Lease, each party shall bear their own costs and fees, including attorneys' fees. This paragraph shall survive the termination or expiration of this Lease. Section 12.05. Savings Clause. The invalidity or unenforceability of any provision of this Lease shall not affect or impair the validity of any other provision. Section 12.06. Paragraph Headings. The paragraph titles herein are for convenience only and do not define, limit, or construe the contents of such paragraphs. Section 12.07. Covenant to Bind Successors. It is agreed that the provisions, covenants, and conditions of this Lease shall be binding on the legal representatives, heirs, successors and assigns of the respective parties hereto. Section 12.08. Entire Agreement. This Lease and the Exhibits attached hereto and forming a part hereof, together with the terms of the Interlocal Agreement, set forth all of the covenants, promises, agreements, conditions and understandings between Lessor and Lessee governing the Premises. The terms of the Interlocal Agreement are hereby incorporated by reference herein, subject to the provisions of Section 12.14 hereof regarding conflicts between this Lease and the Interlocal Agreement. There are no covenants, promises, agreements, conditions, and understandings, either oral or written, between any party other than those herein set forth. Except as herein provided, no subsequent alterations, amendments, changes, or additions to this Lease shall be binding upon Lessor or Lessee unless and until reduced to writing and signed by both parties. Section 12.09. Environmental Requirements. At its sole expense, Lessee agrees to comply with all applicable present and future statutes, laws, ordinances, enactments, rules, regulations, orders, decrees, directives, mandates or other similar requirements of any federal, state or local government, court or public authority prohibiting, regulating or otherwise relating to C 429 environmental control of any kind, including, but not limited to, air pollution, water pollution, noise pollution, solid waste pollution, toxic substance control (Environmental Requirements), including, but not limited to, Environmental Requirements under the Federal Water Pollution Control Act, as amended, the Federal Clean Air Act, as amended, the Resource Conservation & Recovery Act, the Noise Control Act, and the Toxic Substances Control Act, which are applicable to or arise out of or in connection with Lessee's use or occupancy of the Premises, after the Commencement Date. Lessor represents to the Lessee that to the best of Lessor's actual knowledge the Premises does not contain any Hazardous Materials (as hereinafter defined) and is not in violation of any existing environmental laws, rules, or ordinances. As used herein, the term "Hazardous Materials" shall mean and be defined as any and all toxic or hazardous substances, chemicals, wastes, sewage, materials or pollutants, of any kind or nature, which are now or hereafter regulated, controlled, governed, restricted or prohibited by any federal, state or local law, code, decision, statute, regulation, rule, or ordinance currently in existence or hereafter enacted or rendered. Section 12.10. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon gas that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Unit. Section 12.11. Brokerage. Lessor and Lessee warrant and represent to each other that there were no brokers or agents instrumental in consummating this lease. Section 12.12. Memorandum of Lease. Lessor and Lessee shall execute in recordable form the Memorandum of Lease attached hereto as Exhibit "B", which Memorandum may be recorded in the Public Records of St. Lucie County, Florida. Section 12.13. Subletting_ Assignment. Lessee may not sublease or assign any of its rights hereunder, without the prior written consent of Lessor. Section 12.14. Construction. No party shall be considered the author of this Lease since the parties hereto have participated in negotiations and drafting of this document to arrive at a final agreement. Thus, the terms of this Lease shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Lease and the same shall remain in full force and effect. In the event of a conflict between the provisions of this Lease and the Interlocal Agreement, the provisions of this Lease shall govern; provided, however, that failure of this Lease to address or make reference to any particular matter in the Interlocal Agreement shall not be deemed a conflict. Section 12.15. No Third -Party Beneficiar. Each of the parties agree that no individual and/or entity is intended to have, nor shall such individual and/or entity be deemed to have, any rights or remedies as a third party beneficiary to, or under, this Agreement or otherwise and each of the parties acknowledge and agree that any benefit conferred to any such individual and/or entity is, and shall be deemed for all purposes to be, merely incidental. 10 430 Section 12.16. Sovereign Immunity. This Lease does not affect the immunities, exemptions and limitations of liability of Lessor or Lessee under Florida Statute Section 768.28 and other applicable laws of the State of Florida. Nothing in this Lease shall be deemed to affect the rights, privileges and immunities afforded Lessor or Lessee by law. Nothing herein shall be construed as consent by Lessor or Lessee to be sued by third parties in any manner arising out of this Lease. Section 12.17. Public Records. Each party shall allow the public access to all non-exempt documents, papers, letters or other materials, subject to the provisions of Chapter 119, Florida Statutes, made or received in conjunction with this Lease. IN WITNESS WHEREOF, the parties have executed this Lease by their duly authorized officials on the dates stated below. This Agreement may be executed in counterparts and each fully executed counterpart shall be deemed an original instrument. [remainder of page intentionally left blank; signature pages to follow] 11 431 WITNESS: 12 DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER STATE COLLEGE Date: APPROVED AS TO FORM & LEGAL SUFFICIENCY: GENERAL COUNSEL 432 ATTEST: Clerk 13 BOARD OF COUNTY COMMISSIONERS' INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: William K. DeBraal, County Attorney 433 ATTEST: CLERK 14 BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA Chair, Board of County Commissioners APPROVED AS TO FORM & LEGAL SUFFICIENCY: COUNTY ATTORNEY 434 ATTEST: Jerald D. Bryant, Clerk of the Circuit Court and Comptroller 15 BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA David E. Hazellief, Chair Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: Wade C. Vose, County Attorney 435 ATTEST: Clerk 16 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA :• Chair, Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney 436 WITNESS: 17 MEDICAL EXAMINER DISTRICT 19, FLORIDA Lo Date: 437 Exhibit "A" Legal Description 18 438 Prepared by and return to: Katherine D. Barbieri, Esq. St. Lucie County Attorney's Office 2300 Virginia Ave. Fort Pierce, FL 34982 EXHIBIT "B" MEMORANDUM OF LEASE KNOW ALL MEN BY THESE PRESENTS that the District Board of Trustees of Indian River State College ("Lessor") and the Medical Examiner for the 19th Judicial Circuit ("Medical Examiner"), and Indian River County, Martin County, Okeechobee County, and St. Lucie County, political subdivisions of the State of Florida that collectively constitute the 19th Judicial Circuit (the "Counties") (the Medical Examiner and the Counties are collectively referred to herein as the "Lessee"), entered into a Ground Lease (the "Lease"), in which Lessor has leased to Lessee certain property described on Exhibit A attached hereto and made a part hereof. Such Lease commenced on , is for an initial term of forty (40) years, with a renewal term of forty (40) years. The Lease is not recorded and contains additional provisions not included in this Memorandum. In the event of conflict between this Memorandum and the unrecorded Lease, the unrecorded Lease shall control. IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the date last signed below. [remainder of page intentionally left blank; signature pages to follow] 439 WITNESS: 20 DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER STATE COLLEGE Date: APPROVED AS TO FORM & LEGAL SUFFICIENCY: GENERAL COUNSEL 440 ATTEST: Clerk 21 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA M. Joseph H. Earman, Chairman Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: William K. DeBraal County Attorney 441 ATTEST: CLERK 22 BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA Chair, Board of County Commissioners APPROVED AS TO FORM & LEGAL SUFFICIENCY: COUNTY ATTORNEY 442 ATTEST: Jerald D. Bryant, Clerk of the Circuit Court and Comptroller 23 BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA David E. Hazellief, Chair Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: Wade C. Vose, County Attorney 443 ATTEST: Clerk 24 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chair, Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney 444 WITNESS: 25 MEDICAL EXAMINER DISTRICT 19, FLORIDA Im Date: 445 EXHIBIT "A" THAT PORTION OF LAND FOR MEDICAL EXAMINER BUILDING CONSTRUCTION PURPOSES OVER, UNDER, AND ACROSS THE PARCEL NUMBER 2, ST. LUCIE COUNTY PROPERTY APPRAISER'S PARCEL IDENTIFICATION NUMBER IS 2419-413-0001-0007, AS RECORDED IN OFFICIAL RECORDS BOOK 1314, PAGE 579, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, TO LEASE THAT PORTION OF LAND WITHIN SAID PARCEL NUMBER 2, SAID PORTION OF THE LAND IS LYING IN THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST, CITY OF FORT PIERCE, ST. LUCIE COUNTY, FLORIDA. SAID PORTION OF LAND HAS BEEN PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE 4-INCHES BY 4-INCHES CONCRETE MONUMENT WITH BROKEN TOP WITHOUT IDENTIFICATION MARKING THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST AS RECORDED IN THE CERTIFIED CORNER RECORD NUMBER 10488 WITH NORTHING OF 1,119,258.8662' AND EASTING OF 861,819.6210'; THENCE, NORTH 020 22'48" WEST, ALONG THE EAST LINE OF THE SOUTHEAST (1/4) QUARTER OF SAID SECTION 19, A DISTANCE OF 1301.48 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 19; THENCE, SOUTH 880 00'00" WEST, ALONG NORTH LINE OF THE SOUTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 19, A DISTANCE OF 1711.41 FEET TO A POINT; THENCE, NORTH 01018'49" WEST, A DISTANCE OF 58.00 FEET TO A POINT OF BEGINNING; THENCE, NORTH 1°18'49" WEST, A DISTANCE OF 311.17 FEET TO A POINT; THENCE, SOUTH 88000'00" WEST, A DISTANCE OF 280.02 FEET TO A POINT; THENCE, SOUTH 1018'49" EAST, A DISTANCE OF 311.17 FEET TO A POINT; THENCE, NORTH 88000'00" EAST, ALONG A LINE PARALLEL WITH AND DISTANCE 58.00 FEET NORTHERLY FROM THE NORTH LINE OF THE SOUTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 19, AS MEASURED AT A RIGHT ANGLE TO SAID NORTH LINE, A DISTANCE OF 280.02 FEET TO A POINT OF BEGINNING. THE ABOVE-DESCRIBED PARCEL CONTAINS 2.00 ACRES OR 87,128.25 SQUARE FEET. ALL COORDINATE VALUES REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, TRANSVERSE MERCATOR PROJECTION, EAST ZONE, USING THE NORTH AMERICAN DATUM OF 1983 (2011 ADJUSTMENT). REVISIONS cn O m �O PROJECT: THIS IS NOT ASURVEY BOARD OF COUNTY COMMISSIONERS sKErc�l SECTION 19 CHK. AGILE 6/13/2023 MEDICAL EXAMINER, TOWNSHIP 35 SOUTH ST. LUCIE COUNTY, FLORIDA DRAwN A.GiL sn3 023 I.R.S.C. PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION RANGE 40 EAST SURVEY SECTION I, ST. LUCIE COUNTY, FLORIDA 2300 VIRGINIA AVE., FORT PIERCE, FLORIDA, 34982 ., . TELEPHONE 772-462-1 721 � S 88°00'001, W 20.56 280.02' SKETCH OF DESCRIPTION W O V) 0 Li cn0W a WW M I a - loo w ..OF N o SE 1/4 THE NW 114 OF THE SE 114 OF a, N? SECTION 19, N E3 � TOWNSHIP 35 SOUTH, p oc 3j RANGE 40 EAST Lu OWNER: INDIAN RIVER v7 STATE COLLEGE cc) �l ZQnK) PARCEL O ID.: 2419-413-0001-000-7 oFn SITE O.R.B.1314, PAGE 579 S 88°00'001, W 20.56 280.02' W LEASE FROM I.R.S.C. 87128.25 SQ FT O 2.00 ACRES U) 0 80 160 Feet INTENDED DISPLAY SCALE: 1"=80' LL - L- 1- 0) I r V) 0 Li cn0W O r'7 WW pl oo�� 0 w j< W N W J O0 J W MOz �=: r� O a- - J < Q•JWO'o, QO QQO�I mzW\ N:1,119,258.8662' Of 0) C5 =)Z- O J 301 cc) �l ZQnK) O SURVEY SECTION oFn t W LEASE FROM I.R.S.C. 87128.25 SQ FT O 2.00 ACRES U) 0 80 160 Feet INTENDED DISPLAY SCALE: 1"=80' NE CORNER OF THE SEJ OF THE SE i OF SECTION 19, TWP.35 S., RGE.40E. 280.02' N N 88000'00" E __.�EXST; R/W.LINE PER P_6;22, PG;2 .._.._-�•-••-••-• -� KIRBY LOOP ROAD N 01 ° 18'49" W (66' RNV PERP.B.22, PG. 2) 58'00 S 88°00,00" W lzl-1711.41' '-,NORTH LINE OF SOUTH HALF (1/2) OF THE S.E.1 /4 OF SEC.19, TWP. 35 S., RG_E. 40 E. r �EXST. R/W LINE PER P.B.22, PG.2 Q a N�-'�'NW CORNER OF THE SW} OF EAST LINE OF THE SE } OF SECTION 1- 0) I r 19, TWP.35 S., RGE.40E. BASIS OF----_ a m I , TWP.35 S., RGE.40E. I � p � a i SECTION 19 O _ O W P.O.C. SOUTHEAST CORNER OF a SECTION 19, TWP. 35 S., RGE 40 E. Lo PER C.C.R. NO. 10488 FOUND O a- - J < Q•JWO'o, 4"x4"C.M. WITHOUT IDENTIFICATION € N:1,119,258.8662' j E: 861,819.6210' cc) �l ZQnK) ST E COUNTY, SURVEY SECTION W� FLORIDA 2300 VIRGINIA AVE., FORT PIERCE, FLORIDA, 34962 Z o r 0 O N � M 1 6N O Z NE CORNER OF THE SEJ OF THE SE i OF SECTION 19, TWP.35 S., RGE.40E. 280.02' N N 88000'00" E __.�EXST; R/W.LINE PER P_6;22, PG;2 .._.._-�•-••-••-• -� KIRBY LOOP ROAD N 01 ° 18'49" W (66' RNV PERP.B.22, PG. 2) 58'00 S 88°00,00" W lzl-1711.41' '-,NORTH LINE OF SOUTH HALF (1/2) OF THE S.E.1 /4 OF SEC.19, TWP. 35 S., RG_E. 40 E. r �EXST. R/W LINE PER P.B.22, PG.2 Q a N�-'�'NW CORNER OF THE SW} OF EAST LINE OF THE SE } OF SECTION THE SE i OF SECTION 19, 19, TWP.35 S., RGE.40E. BASIS OF----_ a m I , TWP.35 S., RGE.40E. I BEARINGS a i SECTION 19 D a a 33 � P.O.C. SOUTHEAST CORNER OF a SECTION 19, TWP. 35 S., RGE 40 E. Lo PER C.C.R. NO. 10488 FOUND LO' 4"x4"C.M. WITHOUT IDENTIFICATION € N:1,119,258.8662' j E: 861,819.6210' -.', L ll\U ],INVL'\I 'vZ i_' KL'L Yj\IJ,_ 4U' �M2J 0 I Lx01 f -S lfJJ 3 Le- UI L'I,\AU,01 I\M u.. U I_,x<,1, -1'-1. JG. %'j--. ft] 1 ,I W PROJECT: THIS IS NOT A SURVEY BOARD OF COUNTY COMMISSIONERS SKETCH ro m MEDICAL EXAMINER SECTION 19 ST. LUCIE COUNTY, FLORIDA CHK. 0.GIL 114/2023 m LEASE FROM I.R.S.C. TOWNSHIP 35 SOUTH PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION DRAWN A.GIL 6/14/2023 -n iO RANGE "_ LJ1� C71iL 4' p ST E COUNTY, SURVEY SECTION FLORIDA 2300 VIRGINIA AVE., FORT PIERCE, FLORIDA, 34962 U' TELEPHONE 772-462-1721 -.', L ll\U ],INVL'\I 'vZ i_' KL'L Yj\IJ,_ 4U' �M2J 0 I Lx01 f -S lfJJ 3 Le- UI L'I,\AU,01 I\M u.. U I_,x<,1, -1'-1. JG. %'j--. ft] 1 ,I W o N o O N 00100 R SURVEYOR'S NOTES: THIS LEGAL DESCRIPTION AND SKETCH IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, EXCEPT THOSE WITH ELECTRONIC SIGNATURE AND ELECTRONIC SEAL. THIS DESCRIPTION SKETCH IS NOT VALID UNLESS ACCOMPANIED BY A LEGAL DESCRIPTION. A REFERENCE TO ALL BEARINGS SHOWN ON THIS SKETCH IS GRID NORTH, S.P.C.S. N.A.D. 83 (2011). THE BEARING BASIS SHOWN HEREON REFERS TO THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST AND BEING GRID NORTH 02'2214811 WEST, WHICH IS THE INVERSE FUNCTION OF THE ABOVE DESCRIBED SECTION CORNERS. S.E. CORNER OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST: - FOUND 4"X4" CONCRETE MONUMENT, NO IDENTIFICATION MARKING SAID S.E. CORNER: NORTHING: 1,119,258.58'; EASTING: 861,819.828'. C.C.R. 104888. E1/4 CORNER OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST: -FOUND 4"X4" CONCRETE MONUMENT, NO IDENTIFICATION MARKING SAID E1/4 CORNER: NORTHING: 1,121,860.05; EASTING: 861,711.87' C.C.R. 109521. REFERENCE INFORMATION TAKEN FROM STATE ROAD DEPARTMENT, KIRBY LOOP ROAD, SECTION 94534-2601 AS RECORDED IN PLAT BOOK 22, PAGES 2&2A, DATE: 4-20-65; O.R.B. 1314, PG. 579, PUBLIC RECORDS OF ST. LUCIE COUNTY; I.R.S.C. SURVEY SKETCH BY CHRISTIAN FENEX, PROFESSIONAL SURVEYOR&MAPPER. LS#5102. DATED 03/20/08; PINE VISTA SUBDIVISION AS RECORDED IN PLAT BOOK 9, PAGE 58; MODEL LAND CO., SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 63; ST. LUCIE COUNTY RESOLUTION N0.01-198, DATED SEPTEMBER 11, 2001 VACATION AND ABANDONMENT OF HOLM ROAD. CERTIFIED CORNER RECORDS: 104886, 104887, 109521, 104888, 104889, 104890. ASSESSMENT MAP OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST OF ST. LUCIE COUNTY, FLORIDA. ST. LUCIE COUNTY PROPERTY APPRAISER G.I.S. LAYERS USED FOR INFORMATION PURPOSES ONLY. LEGEND / ABBREVIATIONS CENTERLINE C.C.R. CERTIFIED CORNER RECORD C.M. CONCRETE MONUMENT G.I.A. GEOGRAPHIC INFORMATION SYSTEM I.R.S. C. INDIAN RIVER STATE COLLEGE L. S. LICENSED SURVEYOR EXST. EXISTING FN D. FOUND FT. U.S. FEET y E Y G ID. IDENTIFICATION;.�`����'•��z•1 F ICC N.A.D. NORTH AMERICAN DATUM �� •``�•'•�' NO. 7079 P. C. PLAT BOOK = _ P. G. PAGE= o ; : a P.ID. PARCEL IDENTIFICATION �•.• STATE OF •:��` P.O.B. POINT OF BEGINNING•: tORla?:•' P.O.C. POINT OF COMMENCEMENT %o�q( •SURVE���o`°�` O.R.B. OFFICIAL RECORDS BOOK PG. PAGE S. P. C. C. STATE PLANE COORDINATES SYSTEM SQ. FT. SQUARE FEET TWP._RGE. TOWNSHIP & RANGE z5 SECTION CORNER 35 se ►N QUARTER SECTION CORNER SAME OWNERSHIP CERTIFICATION I HEREBY CERTIFY THAT THE DESCRIPTION OF THE PROPERTY SHOWN HEREON WAS COMPLETED UNDER MY DIRECTION AND THAT SAID DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS DESCRIPTION AND SKETCH WAS MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE APPLICABLE STANDARDS OF PRACTICE FOR A DESCRIPTION AND SKETCH AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN 5J-17.(050-.053), FLORIDA ADMINISTRATIVE CODES, PURSUANT TO SECTION 472.027, FLORIDA STATE STATUTES. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. DATE OF SIGNATURE: 15 -JUNE 2023 ALEXEY GILEV ST. LUCIE COUNTY SURVEYOR PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. LS7079 THIS ITEM HAS BEEN ELECTRONICALLY SIGNED AND SEALED BY ALEXEY GILEV, P.S.M.,L.S.#7079 ON THE DATE/TIME STAMP SHOWN USING A DIGITAL SIGNATURE. a:\uru\u aurcvLt\i_mti_�urcv[n\uo_r: y;ntev�cm [xommers erouna Lease \UI-uAu\Autouaa\Meaical_txammer.iKJC-W.1 �.zun--.awq THIS IS NOT A SURVEY BOARD OF COUNTY COMMISSIONERS SKETCH PROJECT: MEDICAL EXAMINER SECTION 19 ST. LUCIE COUNTY, FLORIDA CHK. AGILE 6/15/2023 LEASE FROM I.R.S.C. TOWNSHIP 35 SOUTH PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION olzAwn AGILe sn slzo23 RANGE 40 EAST ST. LUCIE SURVEY SECTION 2300 VIRGINIA AVE., FORT PIERCE, FLORIDA, 34982 Is to ;. "- FLORIDAUNTM TELEPHONE 772-462-1721 a:\uru\u aurcvLt\i_mti_�urcv[n\uo_r: y;ntev�cm [xommers erouna Lease \UI-uAu\Autouaa\Meaical_txammer.iKJC-W.1 �.zun--.awq Yk Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: August 2, 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: Work Order No. 2 to Bowman Consulting Group, LTD., for West Wabasso Septic to Sewer Phase 3A Construction Phase Services Background/Analysis: 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. West Wabasso Septic to Sewer Phase 3A is a current project in this S2S program, consisting of approximately 29 parcels. The project involves installing centralized sewer to certain properties on 611t Drive (Wabasso Low's Subdivision). On October 11, 2022, the Indian River County (IRC) Board of County Commissioners (BCC) approved Work Order No. 13 (CCNA2018) to Bowman Consulting Group, LTD. (Bowman), which included design, permitting, and bidding services for the West Wabasso Septic to Sewer Phase 3A project. On July 11, 2023, Amendment No. 1 to Centerline, Inc. was approved by the BCC. Amendment No. 1 added West Wabasso Phase 3A construction scope of work to the existing West Wabasso Phase 3B contract, increasing the total contract price to $2,771,527.25. IRCDUS desires to continue utilizing Bowman, under its 2023 Continuing Contract Agreement, for services that will be required for the West Wabasso Septic to Sewer Phase 3A project moving forward. As the County prepares to move into the construction phase, the County has requested that Bowman provide Construction Administration and Certification services to ensure the project is constructed in accordance with the construction plans and specifications. Bowman provided the attached scope of work for the amount not to exceed $75,000.00. Fees are based on the approved standard hourly rate schedule in the Agreement and will be invoiced monthly. Page 1 of 1 449 Consent Item Funding: Funds in the amount of $75,000.00 forth is project are derived from the Impact Fee/WIP/West Wabasso Sewer Phase 3, number 472-169000-21512. These are Utilities capital fund revenues generated from impact fees. Growth of the sewer collection system has created the need for more septic -to -sewer conversions, and that growth will benefit from the construction. Description Account Number Amount Impact Fee/WIP/West Wabasso Sewer Phase 3 472-169000-21512 $75,000.00 Recommendation: Staff recommends the Board of County Commissioners approve Work Order No. 2 to Bowman Consulting Group, LTD., in the amount of $75,000.00 to provide construction phase services and authorize the Chairman to execute and sign on their behalf. 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 Bowman Consulting, LTD., after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: • Work Order No. 2 —West Wabasso Phase 3A Page 1 of 1 450 WORK ORDER 02 This Work Order Number 02 is entered into as of this day of 1 , 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 Bowman Consulting Group, LTD ("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: John M. Boyer, P.E. Title: Senior Project Manager BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 0 Joseph H. Earman, Chairman BCC Approval Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller :� By: Deputy Clerk John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 451 Work Order 02 — West Wabasso Septic to Sewer Phase 3A EXHIBIT A -SCOPE OF WORK Bowman proposes to provide the following services: Task 1— Construction Administration & Certification Services Upon issuance of the Notice to Proceed Bowman will provide engineering services to include the following: 1) Schedule and conduct a pre -construction conference with the Contractor and IRCDUS staff and provide meeting minutes. Conduct a pre -work walk though to document existing conditions. 2) Review shop drawings and material submittals. 3) Review Contractor's pay requests. 4) Review request for information (RFI's) to help facilitate construction related activities: a. Analyze and address field problems that arise b. Evaluate change orders and time extension requests 5) Conduct periodic site visits to observe construction activities. a. Prepare and maintain written reports of the contractor's progress and of significant events affecting the work b. Record noteworthy incidents or events with video and/or photography. c. Observe and document construction testing activities — including materials testing, utility testing, and other related activities. d. Observe lift station start-up and certify proper operation. 6) Conduct Initial walk-through and prepare a punchlist upon substantial completion. 7) Review as -built survey provided by Contractor. 8) Conduct Final Inspection to ensure punchlist items are addressed. 9) Certify construction completion to Florida Department of Environmental Protection (FDEP) and Indian River County Public Works. 10) Prepare a close-out package including inspection reports, testing data, final as-builts, and certifications. These services are based on the 314 -day construction contract schedule. Increases in contract time may result in additional work. SERVICES NOT INCLUDED Specifically excluded is resident or full-time inspection. 452 Work Order #02 — Bowman Consulting Group West Wabasso Ph 3A Construction Administration EXHIBIT B — FEE SCHEDULE COMPENSATION All services shall be provided on a time and expense basis for those activities as requested by IRCDUS. Fees will be based on the approved standard hourly rate schedule in the Agreement. Services will be invoiced monthly. Bowman will not exceed $75,000.00 invoicing without the County's prior approval. *:CI1.111tM5,7L97:41WIN 1�MI>f The schedule for these services is tied to the 314 -day construction contract schedule. 453 W Ar o Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: August 2, 2023 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Sean C. Lieske, Director or Utility Services Subject: Payment for Replacement of Backflow Device and Installation of Protective Cage at Gifford Youth Achievement Center Background/Analysis: The Indian River County Board of County Commissioners entered into a lease agreement with the Progressive Civic League of Gifford for the Gifford Youth Activity Center, Inc. on January 6, 1998. Subsequently, the Board of County Commissioners approved Resolution 2002-100 approving the transfer or assignment of the lease to the Gifford Youth Activity Center, Inc. (aka: Gifford Youth Achievement Center, Inc.). The lease agreement, amended and dated November 19, 2002, included the terms and conditions for the management of the Gifford Youth Activities Center. Section 8 MAINTENANCE AND REPAIRS states the following: "The Tenant agrees to make and all repairs and improvements to the Leased Premises and agrees to keep the Leased Premises in a safe, clean and attractive condition during the term of these lease. Landlord agrees to mow grass and maintain the landscaping and shrubbery. Tenant agrees to maintain the automobile parking areas, driveways and the exterior of the building. Landlord's Renewal and Replacement Fund may be drawn upon for needed repairs with Board of County Commissioners' approval, but not for ordinary maintenance." In April of this year, Indian River County Department of Utility Services (IRCDUS) was retained to replace the facility's backflow prevention device and to install a protective cage around said backflow device to protect it from inadvertent damage. IRCDUS completed the installation on May 21, 2023 at a cost of $2,782.93 as detailed in the attached invoice, dated July 7, 2023. Since replacement of the backflow preventer and cage installation would not be considered "ordinary maintenance", the Gifford Youth Achievement Center, Inc. is requesting approval to utilize the County's General Fund Renewal and Replacement Account to cover the expenses as authorized within the lease agreement. Funding: Funding for the replacement of the backflow preventer and protective cage installation is available in the Gifford Youth Achievement Center's Renewal and Replacement Account 001-247021. 454 Consent Item Description Account Number Amount General Fund/GYAC/ Renewal & Replacement 001-247021 $2,782.93 Recommendation: Indian River County Department of Utility Services requests the Indian River County Board of County Commissioners approve the transfer of $2,782.93 from Indian River County's General Fund Renewal and Replacement Account 001-247021 to the Utilities/Miscellaneous Income, Acct # 471034-343670. Attachments: Invoice 070723 455 vER Indian River County Utilities Invoice No. 070723 C 180127th Street Vero Beach, Florida 32960 (772) 770-5300 Email: ircucustomerinquiry@ircgov.com R Invoice -- 1 1 Date 7/7/2023 T:et 772- -AZ-Aw Description UMt TOTAL Replace RPZ - Installed Protective Cage 4855 43rd Ave Labor & Equipment Materials Incident Date: 04130123 WOO 366286 Installed Cage: 05/21/23 Payment Details Q REMIT TO: Indian River County Utilities 3. 746.00 S 2,03,93 $746.00 Accounts Receivable TOTAL 1 $2,782.93 1801 27th Street Vero Beach, FL 32960 14711038-369940 Invoice due NLT 20 days after date of invoice. Penalty and interest will apply if not paid within terms. Thank you ! 456 Replace RPZ - Installed Protective Cage 4855 43rd Ave bN 110 457 Employee/Equipment Hours Rate Total Locator/ Repair Tech 6.25 Reg $ 29.68 $ 185.50 Locator / Repair Tech 6.25 Reg $ 29.68 $ 185.50 Service Truck 6.25 Reg $ 25.00 $ 156.25 Service Truck w/ Crane 6.25 Reg $ 35.00 $ 218.75 Labor/Equipment Total $ 746.00 Materials Qty RP Cage 1 Ea $ 884.70 $ 884.70 11/2" RP 1 Ea $ 541.97 $ 541.97 11/2" x 3" Brass Nipples 2 Ea $ 12.98 $ 25.96 11/2" Elbows 2 Ea $ 26.44 $ 52.88 1112" x 6" Brass Nipples 2 Ea $ 24.98 $ 49.96 11/2" Unions 2 Ea $ 37.10 $ 74.20 11/2" x 12" Brass Nipples 2 Ea $ 48.98 $ 97.96 11/2" Brass Couplings 2 Ea $ 16.21 $ 32.42 11/2" Meter Adapter 1 Ea $ 51.59 $ 51.59 11/2" Brass Tubing Adapters 2 Ea $ 51.50 $ 103.00 11/2" Poly 3 Ft $ 5.85 $ 17.55 2" PVC Locking Dresser 1 Ea $ 35.1.9 $ 35.19 2" PVC 2 Ft $ 2.87 $ 5.74 2" x 1112" PVC Slip x Threaded Coupling 1 Ea $ 7.35 $ 7.35 8' Form Boards 3 Ea $ 6.82 $ 20.46 801b Bags of Concrete 4 Ea $ 9.00 $ 36.00 Material Subtotal $ 2,036.93 20% Mark Up Waived - Professional Courtesy $ - Material Total $ 2,036.93 Water Loss (Thousands - Tiered Rate) 0 Gal $ - $ - TOTAL $ 2,782.93 bN 110 457 am Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: August 1, 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 Subject: Amendment 2 to Kimley-Horn Work Order No. 15 — Ixora Park Sewer Rehabilitation Descriptions and Conditions: Ixora Park Subdivision contains approximately 9,710 linear feet of vitrified clay pipe (VCP) gravity sewer and 23 manholes dating from 1952. A lift station connects the system from the northwest corner of the property into a force main along 1" Street Southwest. Indian River County Department of Utility Services (IRCDUS) has discovered deficiencies in the VCP through sand buildup and weakening of the roadways. On September 17, 2019, the Indian River County (IRC) Board of County Commissioners (BCC) approved Work Order (WO) No. 15 to Kimley-Horn and Associates, Inc. (KHA) in the amount of $80,219.00 to provide professional engineering services for design specifications and a comprehensive Opinion of Probable Cost (OPC) for cast -in-place pipe (CIPP) sewer rehabilitation and laterals. On August 18, 2020, the BCC approved Amendment 1 to WO No. 15 for a net amount of $33,651.00, bringing the total for WO No. 15 to $113,870.00. Amendment 1 added the following: assessing the feasibility of a vacuum sewer system; and changing the scope from design specifications for CIPP rehabilitation to design/redesign, construction plans, specifications, and bid documents for full line replacements directly in the existing locations off the roadway centerline. KHA had completed 90% of the design under WO No. 15 with Amendment 1 for a total cost of $108,176.50, leaving a balance of $5,693.50 remaining from the $113,870.00 approved by the BCC. Subsequent to that, staff requested KHA to make the following design changes: • Relocation of all gravity sewers to the centerline of the roadway to meet IRCDUS or Regulatory Agency requirements for slopes and manhole depths. • Relocation of all water distribution mains from the easement located behind the homes and where they are currently located in the roadways to within the roadway right of ways. Although these two additional requests by staff were outside the scope of Amendment 1, KHA proceeded in good faith to incorporate the changes within the 90% design plans in order to assist IRCDUS in acquiring grant funding for the project. KHA had previously provided a draft Amendment 2 to cover the full cost of the two additional requests. However, staff turnovers within IRCDUS and KHA during this time period resulted in a C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@BC2E07F1\@BCL@BC2E07Fl.docx 458 Consent Item loss of knowledge surrounding the logistics of the project, thereby the amendment was never brought before the BCC for approval. The work performed by KHA was confirmed by a former employee, John Boyer, per the attached email. Lastly, the direction of the scope/changes the project was taking have rendered the magnitude of cost to be outside the funding capability of IRCDUS at the present time. As such, it was decided to discontinue the project and replace with a new project that is scaled to meet new funding requirements. Analysis: KHA has provided a revised Amendment 2 with a "recovery" scope for the additional work that was performed over and above that of Amendment 1, for the incremental amount of $31,251.00 above the current BCC approved amount of $113,870.00. If approved bythe BCC, the new total approved amount would be increased to $145,121.00, leaving a new balance of $36,944.50 as shown in the following table: Description Amount Balance of existing funds available $5,693.50 Incremental additional funds required $31,251.00 Total new balance $36,944.50 Funding: Expenses in the amount of $31,254.00 for this project will be recorded in the operating capital account Utilities/WIP/Ixora Park Sewer Lines, number 471-169000-16513. Since this is a Utilities operating capital project, the funds will come from fund balance. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/WIP/Ixora Park Sewer Lines 471-169000-16513 $31,251.00 Recommendation: Staff recommends that the Board of County Commissioners approve Amendment 2 to Kimley-Horn and Associates, Inc. Work Order No. 15 in the amount of $31,251.00 to cover additional Indian River County Department of Utility Services' requested changes for the Ixora Park Sewer Rehabilitation, 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: • John Boyer's Email re Ixora Park- Kimley Horn Services • Signed 2 CCNA2018 WO15 Amend 2 and KHA Recovery Scope for Ixora Park C:\Users\ufc-prod\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@BC2E07F1\@BCL@BC2E07Fl.docx 459 Howard Richards From: John Boyer <jboyer@bowman.com> Sent: Monday, July 31, 2023 12:36 PM To: Howard Richards Cc: Duke Hawkins; Tom Jensen (Tom.Jensen@kimley-horn.com) Subject: Ixora Park - Kimley Horn Services ,-'ON: This message is from an external source. Please use caution when opening attachments or clicking links. Hello Howard, Tom Jensen and Nick Black reached out to me regarding Kimley Horn's (KH) services on the Ixora Park Sewer Evaluation & Replacement Design. They asked me to provide a summary of my involvement of the project. Bear in mind I am recalling events from 2 or more years ago; some of this may be vague. The project was initiated by former IRCDUS CPM Arjuna Weragoda and a lady named Dawn at KH. She performed an evaluation of the Ixora Park sanitary sewer collection system. She presented a report that recommended certain sewer runs be repaired in place (lined) and others to be replaced. IRCDUS then requested that the entire sewer system be replaced and brought to current standards (PVC pipe, concrete manholes on roadway centerline, etc.). I believe this was done under an amendment; however, that was before I was directly involved. Dawn submitted a sewer design that was not accepted by IRCDUS. The reasons are beside the point, but Dawn's invoice (60%?) was rejected and revisions were required. I became involved at this time, and Dawn left KH. Tom Jensen and I then moved the project forward, with Tom addressing the IRCDUS comment's on Dawn's design. Tom's intent was to bring the project to 60% completion to IRCDUS satisfaction and get the project back on track, which I believe he did. I recall directing Tom to re -submit the 60% invoice, but I do not recall if that was done. I also recall a conversation with Tom about additional services since he had gone beyond the amended scope of the project. I asked him for an amendment to cover those services but did not receive prior to leaving IRCDUS. The original scope included the condition assessment and repair/replacement recommendation. The amended scope included the construction of a new collection system. The additional services Tom and I discussed were relocation of the potable water system from backyard easements to the r/w and the redirection of sewer flow in west Ixora to a replacement lift station near 3rd St SW & 20th Ave. We also discussed drainage improvements in the roadway, but I do not know how far that went. Note: relocation of the potable water may have been included in the amended scope; I'm not clear on that. In short, KH did perform additional services on the Ixora Park project at the request of IRCDUS, and those services may not have been covered by an amendment to the work order. Tom was very proactive in servicing IRCDUS in effort to make up for Dawn's miscue, and I believe he is owed something for that. Feel free to call if you have any questions. Sincerely, John M. Boyer, P.E. Chief Engineer BOWMAN CONSULTING GROUP 4450 W. Eau Gallie Blvd Suite 144, Melbourne, FL 32934 Direct: (321) 608-0966 Mobile: (321) 288-2108 460 ibover@bowman.com I bowman.com 77' 99 w` 3 461 CCNA2018 AMENDMENT 2 TO WORK ORDER 15 IXORA PARK SEWER REHABILITATION This Amendment 2 to Work Order Number 15 is entered into as of this 15' day of August, 2023, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 15, Effective Date September, 17, 2019. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the timeframe more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By:,.....�- Print Name: ZLM 4A Title: L hr„zx BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 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: Bill Debraal, County Attorney 462 AMENDMENT NO.2 TO WORK ORDER NO. 15 IXORA PARK SEWER SYSTEM REHABILITATION ADDITIONAL DESIGN SERVICES Indian River County Department of Utility Services PROJECT UNDERSTANDING Kimley-Horn and Associates (the "Consultant") prepared 90% design plans under Task 3 (FULL SEWER PIPE REPLACEMENT) as outlined within Amendment No.1 to Work Order No. 15. The Indian River County Department of Utility Services (IRCDUS) requested that all gravity sewers be relocated to the centerline of the roadway as opposed to a direct replacement where it exists today. Note that most of the existing gravity sewer is located off the roadway centerline. The Consultant identified during the 90% design plan development that most of the gravity sewers did not meet IRCDUS or Regulatory Agency requirements (substandard slopes and manhole depths). In addition, IRCDUS requested that all water distribution mains be relocated to within the roadway right of ways as opposed to behind the homes and where water mains existed in the roadways, that they be replaced as well. These two additional requests by staff were outside of the Amendment No.1 scope and the Consultant proceeded in good faith with this out -of -scope work to assist IRCDUS in acquiring grants. These additions were incorporated within the 90% design plans as submitted to IRCDUS. Upon completion of the 90% design plans and review by IRCDUS, it was determined that the gravity sewer system should not be constructed as a substandard system and that the internal roadways should be designed to meet current residential cross/ longitudinal slope requirements where possible without making changes to the profile grade and current drainage catch basin locations. The project was placed on hold and this Amendment will cover the Consultants fee for performing the out -of -scope work noted above. In response to IRCDUS requests as noted above, the following amended scope of services shall be performed. Pagel of 3 463 AMENDED SCOPE OF WORK TASK 3 - REVISED SEWER SYSTEM REHABILITATION Task 3.1- Design Drawings Consultant will prepare 90% design plans to include the following. • Re -design the gravity sewer system in Ixora Park East and West to be placed in the centerline of the roadway. • Design a new water distribution system (Phase 2 only) within the roadways, with fire hydrants and relocated water services in the front of the homes. • Investigate the roadway and drainage concept to be used within Ixora Park East and West to include proposed road grades with standard residential slopes, new standard valley gutters, new drainage structures at current locations and driveway adjustments where required. ADDITIONAL SERVICES Any services not specifically provided for in the above scope will be billed as Additional Services and performed at then -current hourly rates. Additional services we can provide include but are not limited to construction phase services. SCHEDULE The above referenced scope of work has been completed and submitted to IRCDUS. FEE SCHEDULE We will provide these services in accordance with our Continuing Services Contract Agreement for Professional Services dated April 17th, 2018, with Indian River County Department of Utility Services. The Consultant will provide professional services for Tasks 3.1 on a lump sum fee basis as follows: Task No. Task Task Fee TASK 3.1 Design Drawings $31,251.00 TOTAL $31,251.00 Page 2 of 3 464 Page 3 of 3 465 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: August 1, 2023 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Sean C. Lieske, Director or Utility Services Subject: Termination of Reclaimed Water Agreement with John's Island Water Management Background/Analysis: On December 5, 2017, the Indian River County (IRC) Board of County Commissioners (BCC) entered into an agreement with John's Island Water Management, Inc. (JIWM) for Indian River County Department of Utility Services (IRCDUS) to provide one million gallons of reclaimed water a day for irrigation purposes within the Town of Indian River Shores (IRS). In accordance with that agreement, both IRCDUS and JIWM would be responsible for the construction of additional infrastructure at their own expense. JIWM was more specifically expected to design and install a 16" reclaimed water transmission line to deliver the reclaimed water from the County's 77`h Street facility to JIWM and ultimately IRS. On July 10, 2018, the BCC approved a temporary construction easement under 69`h Street, Old Winter Beach Road, and the County -owned bridge tender property at the west end of the Old Winter Beach Road. The easement was necessary to exclude the County from having to become an applicant on the project, thereby limiting any liability that could result from the permitting and construction of the project. The easement was also necessary to aid JIWM with construction of the subaqueous transmission line. Finally, on April 23, 2019, the BCC approved a temporary construction easement for Hole -in -the -Wall Island and Pine Island for the construction of the subaqueous reclaimed water transmission line. Legal review had determined the County owned a 70 -foot wide right-of-way strip over Hole -in -the -Wall Island and Pine Island. Since it was determined the County owned the ROW, the temporary easement was again necessary to aid JIWM in completing the construction of the reclaimed water line. Due to a variety of issues, the line was never constructed. In addition, IRCDUS has been informed that the constructability issues are too great to overcome and that JIWM has no plans to construct the line in the future. As a result, JIWM and IRCDUS have mutually agreed it would be in both agencies' interests to terminate the 2017 agreement through the attached "Termination of Agreement for the Delivery of Reclaimed Water Between Indian River County, Florida, and John's Island Water Management, Inc.," which has already been approved and signed by JIWM. 466 Consent Item Funding: There is no funding associated with this agenda item Recommendation: Indian River County Department of Utility Services recommends the Indian River County Board of County Commissioners approve the "Termination of Agreement for the Delivery of Reclaimed Water Between Indian River County, Florida, and John's Island Water Management, Inc." and authorize the Chairman to sign on their behalf. Attachments: Termination of Agreement for the Delivery of Reclaimed Water Between Indian River County, Florida and John's Island Water Management, Inc. 467 TERMINATION OF AGREEMENT FOR THE DELIVERY OF RECLAIMED WATER BETWEEN INDIAN RIVER COUNTY, FLORIDA AND JOHN'S ISLAND WATER MANAGEMENT, INC. THIS TERMINATION OF AGREEMENT FOR THE DELIVERY OF RECLAIMED WATER BETWEEN INDIAN RIVER COUNTY, FLORIDA AND JOHN'S ISLAND WATER MANAGEMENT, INC. ("Termination") is entered into as of the _ day of August, 2023 ("Effective Date") by and between Indian River County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, whose address is 1801 27th Street, Vero Beach, Florida, hereinafter referred to as COUNTY, and John's Island Water Management, Inc., a Florida non-profit corporation, the address of which is 1 Turtle Beach Road, Vero Beach, Florida 32963, hereinafter referred to as JIWM: RECITALS WHEREAS, on December 5, 2017, COUNTY and JIWM entered into the Agreement for the Delivery of Reclaimed Water Between Indian River County, Florida and John's Island Water Management ("Agreement"); and WHEREAS, the project contemplated in the Agreement was not constructed; and WHEREAS, COUNTY and JIWM wish to mutually terminate the Agreement. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Termination of Agreement. COUNTY and JIWM agree to mutually terminate the Agreement for the Delivery of Reclaimed Water Between Indian River County, Florida and John's Island Water Management ("Agreement") as of the Effective Date set forth above. IN WITNESS WHEREOF, the COUNTY and JIWM have executed this instrument this — day of August, 2023. INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Board of County Commissioners AP P n VE- D A S T#0 F O% 1 Date Approved: AAL Page I of 2 468 ATTEST: Ryan L. Butler Clerk of the Court and Comptroller JOHN'S ISLAND WATER MANAGEMENT, INC. By: Genera Manager: chael T. Korpar John's Island/Water Management, Inc. Date:07 -2G * WITNESSE Sign: ylci&oo Print Name: Sign: ,,40 /s Print Name: :yam k� Asr l STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrumenj wa,.p, acknowledged before me by means of &-p5hysical presence torr❑ online notarization, this day of 2023, by�r�sL �as i�ll944,LAN4Jq,(*- A, of John's Island Water ' 4anagement, Inc., a Florida not for profit corporation, on behalf of the corporation. [NOTARIAL SEAL] ux` "" BOBBI HURST Notary Public State of Florida Commission 0 HH 295708 of M1. My Comm. Expires Aug 17, 2026 Bonded through National Notary Assn. NotaW�di, Print Name: 0.i' i Notary Public, State of Florida My commission expires: R'11�6 /7 1041' ersonally Known OR ❑ Produced Identification Type of Identification Produced Page 2 of 2 469 U'S �tpA INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Recreation Date: August 7, 2023 To: The Honorable Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Assistant County Administrator Beth Powell, Acting General Services Director From: Gustavo Vergara, Assistant Director - Parks and Recreation Subject: Application for Florida Recreation Development Assistance Program (FRDAP) Grant for West Wabasso Park Playground BACKGROUND: The Florida Recreation Development Assistance Program (FRDAP) is a competitive program that provides grants for acquisition or development of land for public outdoor recreation use or to construct or renovate recreational trails. It is administered by the Florida's Department of Environmental Protection (DEP) and has a maximum grant award of $200,000. DEP allows agencies to apply for up to two grants / projects within one grant cycle. There are eligible projects identified in the current Capital Improvement Element (CIE) of the County's Comprehensive Plan that could be leveraged by this grant. Elements identified in the CIE include replacement of the existing playground at West Wabasso Park under "Park Playground Replacement" on page A- 11. The grant application cycle typically opens in August and staff is preparing now for the application cycle. If awarded and funded by the State, the grant award would be made for Fiscal Year 2024/2025 with a three-year completion date. Staff will host public meetings to meet all grant requirements. Board approval is one of the prerequisites for application to this grant. It demonstrates that there is support not only for pursuing the grant but for completion of the projects once the grant is awarded. If awarded, the County will have three years to complete the projects included in the grant application. The FRDAP grant typically requires a match in funding for consideration when requesting more than $50,000. For $50,000 and below, there is no match requirement. The total cost projected for County funding is $150,000 with FRDAP assistance at $50,000 which will assist with funding elements in the playground, specifically a shade structure. 470 FUNDING: Funding for the project outlined will include a combination of funding from the 5 -year Capital Improvement Element of the Comprehensive Plan and proposed operating funds through the Parks Division's FY24/25 Budget. Funding will be provided through Optional Sales Tax/Parks/Other Improvements Except Building. Description Account Number Amount Optional Sales Tax/Parks/Other Improvements Except Building 31521072-066390 $200,000 *To be proposed in FY24/25 RECOMMENDATION: Staff respectfully recommends the Board of County Commissioners approve staff's submission of a FRDAP Grant application as outlined above and authorize staff to execute any necessary grant submission documents for the application to the Florida Department of Environmental Protection in an amount of $50,000. ATTACHMENT: Grant Form dated 8-7-23 Approved for Aueust 15, 2023 Agenda 471 GRANT NAME: FRDAP AMOUNT OF GRANT: $50,000 DEPARTMENT RECEIVING GRANT: Parks & Recreation CONTACT PERSON: Beth Powell 1. How long is the grant for? 3 years 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 % 5. Grant match amount required S 0 required; $150,000 proposed GRANT # TELEPHONE - 772 -226-1873 Starting Date: July 2024 Yes X No Yes X No Yes No 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? X 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 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? $ N/A 5-1-5-21-12 8 5 8 3 0 6 21-2L3811190 41M5520&324231.W 097& oy�wM s*'°wswz.�muom manfum�m�sar®�wnrue.wrm. j(�� 7 ]A3c4f&-*M,oMb3c91-1972- ,p/: rH.'a�i V/ I /2023 Signature of Preparer: .091-bN"103551'T7W1g gW9Q11d*1t 9^�' �M"' ""'; ;""'-""""m`°""""""°"°"°"°""" Date: 472 Grant Amount Other Match Costs Not Covered Match Total First Year $ 0 req.l d; $150,000 Proposed $ $ $ Second Year $ 50,000 $ 0 required $150,000 $ 200,000 Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 5-1-5-21-12 8 5 8 3 0 6 21-2L3811190 41M5520&324231.W 097& oy�wM s*'°wswz.�muom manfum�m�sar®�wnrue.wrm. j(�� 7 ]A3c4f&-*M,oMb3c91-1972- ,p/: rH.'a�i V/ I /2023 Signature of Preparer: .091-bN"103551'T7W1g gW9Q11d*1t 9^�' �M"' ""'; ;""'-""""m`°""""""°"°"°"°""" Date: 472 00 CONSENT: 8/15/2023 Office of INDIAN RIVER COUNTY ATTORNEY William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: William K. Debraal, County Attorney DATE: August 9, 2023 SUBJECT: Indian River County Code Chapter 309, Fair Housing — Annual Report Section 309.05 of the Indian River County Code appoints the Deputy County Attorney as the administrator of the County's Fair Housing Ordinance. As the administrator of the County's Fair Housing Ordinance, please be advised that there have been two complaints received however neither of the complaints involved discriminatory housing practices. One complaint involved a termination of lease for cause and the other complaint concerned repairs made to a rental unit. Both complaints have been closed with no finding of wrongdoing. wxninw 473 it a Leslie R. Swan The Honorable Joe Earman Chairman, Board of County Commissioners Indian River County 180127 th Street, Building A Vero Beach FL 32960 Dear Chairman Earman: VoteIndianRiver 4375 43rd Avenue Vero Beach, FL 32967 772-226-4700 RE: EViD Edge Electronic Pollbook The Indian River County Supervisor of Elections respectfully requests the Board of County Commissioners approval to trade-in 63 EViD Compact units, our electronic pollbooks. The Elections Office has the funds allocated in our FY 2022 — 2023 budget to upgrade our existing EViD Compact units to the new EViD Edge model. The EViD Edge model includes a tablet, mobile printer and build -in case. The EViD Edge model is also compatible with our ballot -on -demand printers that we are planning to deploy on Election Day in the upcoming November 7, 2023 Municipal Elections. I appreciate your consideration of my request. Kindest regards, ��4- 5u�a� Leslie R. Swan Supervisor of Elections Enclosure 474 Indian River County EVid Inventory for Trade-in Serial Number County Asset Tag Number CE49-14900236 27958 CE49-14900178 27936 CE49-14900225 27858 CE49-14900222 27954 CE49-14900216 27951 CE49-14900179 27937 CE055-16B00068 29712 CE49-14900250 27966 CE49-14900217 27857 CE055-16B00078 29706 CE49-14900239 27960 CE49-14900244 27964 CE055-16B00141 29708 CE055-16B00145 29709 CE49-14900248 27965 CE055-16800067 29705 CE49-14900258 27970 CE49-14900232 27957 CE49-14900168 27929 CE49-14900240 27961 CE49-14900171 27931 CE49-14900170 27930 CE055-16AO0253 28901 CE055-16AO0255 28903 CE055-16B00105 29703 CE49-14900172 27932 CE05516AO0259 27854 CE055-16AO0252 28909 CE49-14900242 27963 CE055-16AO0293 28907 CE49-14900184 27938 CE49-14900241 27962 CE49-14900212 27856 CE49-14900189 27940 CE49-14900175 27934 CE49-14900195 27944 CE055-16AO0294 28908 CE49-14900193 27943 CE49-14900191 27941 CE49-14900206 27948 CE49-14900192 27942 CE49-14900219 27953 CE49-14900173 27933 CE055-16B00048 29707 CE49-14900203 27855 CE055-16AO0258 28906 CE055-16B00073 29704 CE49-14900229 27859 CE49-14900187 27939 CE055-16800123 29711 475 CE49-14900256 27969 CE49-14900167 27852 CE49-14900197 27945 CE49-14900237 27959 CE49-14900252 27967 CE49-14900211 27949 CE49-14900176 27935 CE49-14900204 27947 CE49-14900255 27968 CE055-16AO0254 28902 CE055-16AO0257 28905 CE055-16600051 29710 CE055-16AO0256 28904 476 R6 Sheriff Eric Flowers °.. Indian River County Sheriff's Office August 9, 2023 The Honorable Joseph Earman, Chairman Indian River Board of County Commissioners 180127th Street Vero Beach, FL 32960-3388 Re: FY23 Auction Proceeds Dear Chairman Earman: Our agency participated in an online auction of surplus property and vehicles throughout the fiscal year. The total auction proceeds were $191,921.93. After subtracting Unclaimed Property to be sent to the state and Forfeited Funds, the net amount to the agency is $183,653.23. In keeping with past practice, I respectfully request the proceeds to be used to acquire new like -kind property within the current fiscal year, pursuant to Chapter 274 of the Florida Statutes. Please place these items under Constitutional Officers for the August 15, 2023 board agenda for discussion. Sincerely, 11 1 �l Eric Flowers Sheriff 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.iresheriff.org 2"s 477 /01 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: July 29, 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: 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 (Board) 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 (WGUs) 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 WGUs) and 2 (Schedule of Rates and Fees) at any time by resolution after a public hearing. On July 11, 2023, the SWDD Board granted permission to advertise for a Public Hearing to amend Attachment 1 (originally adopted June 20, 1995, by Resolution No. 95-01) and Attachment 2 of the SWDD Rate Resolution (originally adopted June 20, 1995, by Resolution No. 95-01; amended January 6, 2004, by Resolution No. 2004-01; amended September 9, 2008, by Resolution 2008-001; and further amended June 5, 2012, by Resolution 2012-001). A legal advertisement was placed in the Vero Beach Press Journal on August 4, 2023, to provide a notice of public hearing of a rate resolution to be held on August 15, 2023. Please note, on Attachment 2, staff has included a new rate of $18 per ton to sell crushed concrete as an additional form of revenue. Funding: Funding for the advertisement for the Public Hearing process is budgeted and available in the SWDD/Landfill/Legal Ads account, number 41121734-034910, for a total amount of $273.60, which is funded from SWDD assessments and user fees. 478 SWDD Item Description Account Number Amount SWDD/Landfill/Legal Ads 41121734-034910 $273.60 Recommendation: Staff recommends that the Solid Waste Disposal District Board hold a Public Hearing to amend Attachment 1 and Attachment 2 and approve Rate Resolution 2023-001. Attachments: SWDD Rate Resolution No. 2023-001, including Attachment 1 and Attachment 2 479 RESOLUTION NO. 2023- A RATE RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, SITTING AS THE SOLID WASTE DISPOSAL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA, MODIFYING THE SCHEDULE OF WASTE GENERATION UNITS AND THE SCHEDULE OF RATES AND FEES, OF THE SOLID WASTE DISPOSAL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA WHEREAS, Resolution No. 95-01 set forth the Solid Waste Disposal District (SWDD) Schedule of Waste Generation Units (WGUs) was approved by the SWDD Board on June 20, 1995; and WHEREAS, Resolution No. 95-01, Resolution No. 2004-001, Resolution No. 2008-001, and Resolution No. 2012-001 (collectively, "SWDD Rate Resolutions") which established and amended certain SWDD Schedule of Rates and Fees, as defined in section 204.32 of the IRC Code; and WHEREAS, the Code of Indian River County requires that a duly noticed public hearing be held prior to amending the SWDD Rate Resolution; and WHEREAS, on April 4, 2023, the Solid Waste Disposal District Board approved staff recommendation to: (a) modify the landfill tipping fees starting October 1, 2023 per the Rate Study Technical Memorandum, dated March 27, 2023; and (b) implement the proposed change in Waste Generation Units (WGU) by 50% effective October 1, 2023 and implement the remaining 50% change in WGUs effective October 1, 2027, per the Waste Generation Study Technical Memorandum, dated September 15, 2022. WHEREAS, the approved landfill tipping fees schedule and the approved Waste Generation Unit fee schedules as approved by the Board and are attached to this resolution as Exhibit A and Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ACTING IN ITS CAPACITY AS THE GOVERNING BOARD OF THE SOLID WASTE DISPOSAL DISTRICT, THAT: 1. The Schedule of Waste Generation Units is hereby amended as set forth in Exhibit A attached to this Resolution, and incorporated by reference herein. by 50% effective October 1, 2023 and implement the remaining 50% change in WGUs effective October 1, 2027. 2. The Schedule of Rates and Fees, is hereby amended as set forth in Exhibit B attached to this Resolution and incorporated by reference herein, and shall take effect on October 1, 2023, and shall be increased by 3% annually thereafter. 480 RESOLUTION NO. 2023 - The foregoing resolution was moved for adoption 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 Daryl Loar Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 15t` day of August, 2023. SOLID WASTE DISPOSAL DISTRICT BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph H. Earman, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller Deputy Clerk Approved as to form and legal sufficiency: By: William K. 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C O C N a L U U U U U U M cw N N N N N N 84 U U U U U U U O O O O O O O 4r O a a a o o a o CIO Cd N t O co 0 N (� y N -- O y u o O ° dq O m N U C y �wU a 0 U O O 14 tj o o o a p., p., co�� o a� U •c am 0 th 0ta� as °x cn yap U O O H eb w •00 V U U U rn � y 00 00 00 00 wa\ 00 0 o z h EXHIBIT "B" TO SOLID WASTE DISPOSAL DISTRICT RESOLUTION NO. 2023-001 [ATTACHMENT 2 TO SWDD RESOLUTION NO. 95-01, AS AMENDED RESOLUTION 2004-001, RESOLUTION 2008-001, RESOLUTION 2012-0011 SOLID WASTE DISPOSAL DISTRICT (SWDD) RATES AND FEES Fee per WGU Annual Disposal Charge or Assessment as Approved by the SWDD Board after Public Hearing Readiness -to -Use Fee Annual Minimum Disposal Charge per WGU as Approved by Per WGU the SWDD Board after Public Hearing Trash and Garbage Annual Disposal Charge as Approved by Resolution of the SWDD Board after Public Hearing Type of Disposal Use Code Fee Basis Current (Thru 9/30/23) Proposed (Effective 10/1/23) ia1 t`I Mixed Garbage and C&D GCH $/ton $32.50 $34.13 C&D Debris WCD $/ton $31.80 $44.52 C&D $/ton $30.00 $42.00 DIR $/ton $3.00 $3.15 Asphalt ASP $/ton $31.80 $44.52 Pallets PAL $/ton $31.80 $44.52 Clean Concrete CCD, SCC $/ton $3.00 $15.00 Land Clearing Debris LCD $/ton $22.00 $42.00 CHP $/ton $18.00 $38.00 Yard Trash YDT $/ton $0.00 No change FDOT Yard Trash FDOT $/ton $24.48 $42.00 Garbage in Yard Trash AGAR Each $25.00 No change Contaminated Land Clearing Debris LCN $/ton $55.00 No change Contaminated Yard Trash YDC $/ton $55.00 No change Contaminated C&D CDL $/ton $55.00 No change Contaminated Soil CCS $/ton $55.00 No change Contaminated Soil - Alternative Cover CCS -AC $/ton $5.00 $20.00 Charity Projects - C&D CPC $/ton $31.80 $44.52 Charity Projects - Garbage CPG $/ton $32.50 $34.13 Dewatered Sludge - Utilities Dept. UTS $/ton $15.00 $40.00 Septage/Grease/Grit SGG $/ton $15.00 $40.00 481 EXHIBIT "B" TO SOLID WASTE DISPOSAL DISTRICT RESOLUTION NO. 2023-001 [ATTACHMENT 2 TO SWDD RESOLUTION NO. 95-01, AS AMENDED RESOLUTION 2004-001, RESOLUTION 2008-001, RESOLUTION 2012-0011 Type of Disposal Use Code Fee Basis Current (Thru 9/30/23) Proposed (Effective 10/1/23) (a) (`) Dewatered Sludge - City of Vero Beach VB-UTS $/ton $24.23 $49.23 Animal Disposal -Small ANS each $5.00 No change Animal Disposal - Large ANL each $50.00 No change Out of County MSW OCG $/ton $60.00 $70.00 Asbestos ASB $/ton $140.00 No change Tires - Auto TAS(b[, TAU (b[, TDO (b) $/ton $95.00 $150.00 each $2.00 Remove Tires - Truck TTR, TTS, TMS(b) $/ton $100.00 $300.00 each $5.00 Remove Tires - Heavy Equip. THE, THS $/ton $130.00 $300.00 each $20.00 Remove Treated Ties/Poles TTP $/ton $32.53 $45.00 Special Waste Handling SWH each $50.00 $70.00 Vehicle Weight Tare/Gross VWS each $3.00 $10.00 Uncovered Load UL each $25.00 $100.00 Scrap Metal / White Goods RSM each $0.00 $0.00 Boats BOT $/ton $32.50 $45.00 Mobile Home Trailers MHT $/ton $31.80 $45.00 Red Tide Debris REDTIDE $/ton $32.50 $45.00 Electronics - Residents REW each $0.00 $0.00 Electronics - Businesses BEW $/ton $0.00 $60.00 Household Hazardous Waste HHW each $0.00 $0.00 Outgoing Crushed Concrete Material O -CCM $/ton $0.00 $18.00 (a) Annual increase of 3% thereafter. (b) The first six (6) Residential Tires will continue to be accepted at no charge at the IRC Landfill and at all five (5) Customer Convenience Centers (CCUs). No heavy tires will be accepted at the CCUs. No Tractor or Agricultural Tires will be accepted at the CCUs or the IRC Landfill as SWDD does not have a proper means of disposal. (c) Starting October 1, 2023, and thereafter, all credit card fees shall be passed on to customers utilizing credit cards. 1 dr IWOMMMOMMYD"RD OF Nn COMMISSION RIBQUWrT0IMSCUMMED FOR PtMMW'DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC M§OJSMINFOKMATIO Iadiaa Rivkty Code Section 102.ftaftas a general fele, public discussion items #ta rs on which tbe. may t ft ion I RihW Cwnnty Code Section 102.11(31: M*. $11 to three minutes unless additional time is granted b) the commission For IRC Staff only: Transmitted to Administrator Via: INTERIM COUNTY ADMINISTRATOR: Michael Zito Interactive Web Form E -Mail Hand Delivered MEETING DATE: q` �,� .. Phone 500 Electronic Articles of Organization For Florida Limited Liability Company Article I The name of the Limited Liability Company is: GEMFO, LLC L23000349024 FILED 8:00 AM efOtSc 24, 2023' jsdennis Article II The street address of the principal office of the Limited Liability Company is: 5835 59TH COURT VERO BEACH, FL. 32967 The mailing address of the Limited, Liability Company is: 5835 59TH COURT VERO BEACH, FL. 32967 Article III The name and Florida street address of the, registered agent is: 3BL;AYNE JENNINGS 931 ' BARBER STREET SEBASTIAN, FL. 32958 Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Registered Agent Signature: JBLAYNE JENNINGS 501 Article IV The name and address of person(s) authorized to manage LLC: Title: MGR ANTHONY G STEWART 5835 59TH COURT VERO BEACH, FL. 32960 Title: AMBR LOUIS E HOLMES 4545 43RD COURT VERO BEACH, FL. 32967 Title: AR JEAN WYNN 4257 27TH AVENUE VERO BEACH, FL. 32967 Article V The effective date for this Limited Liability Company shall be: 07/22/2023 Signature of member or an authorized representative Electronic Signature: ANTHONY GREGORY STEWART L23000349024 FILED 8:00 AM yfOtSecOStae isdennis I am the member or authorized representative submitting these Articles of Organization and affirm that the facts stated herein are true. I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s.817.155, F.S. I understand the -requirement to file an annual report between January 1st and May 1st in the calendar year following formation of the LLC and every year thereafter to maintain- "active" status. 502 N CQWft 8"U OF COUNTY COMMISSION itri+tlilt�ililcl.CD FOR PUBLIC DISCUSSION Any organization or individual wishing to addrm the,*W tM'-'`C".*X* Commission shall complete this form and submit it to the Indian River County Administrator's 0156& PUBLIC MOM INFORMA71 Indian River County Code Section 102.04(10)(b): as a general gvd% public d*AMMAua items should be limited to matters on which �t the commission may t#Rkiti9 Indian River County Code Section 102.1 UM: 1ftA rawkj* 1W daft minuteVAAW additional time is granted by the commission WHAT RMSIOLtMON ARE YOU t `' REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQU? YDS WHAT FUNDS OR A Tivn= AMZ R 9QU"I >lD TO 1111M TM itEQtTiE.RT3 503 iii RIVER COUNTY BOARD OF Cali t1t REQUEST TO BE SCHEDULED FOR PUBLIC DIBCC%i'SBi'E3N Any organrration or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be 114nited to matters on which the commission may take action is Mu an t v Q6,16 tion 102.11(3): Iimit remarks to three minutes unless addN110" thowle lby the commission hiAM (W 11491VWAL OR ORGANIZATION: .i ADDRESS: s H► NE' ' / SUBJECT MATTER FOR DISCUSSION. .. IS A DIGITALIELECTRONIC PRESENTATION PLANNED? ARE PURIX FUNiM OR ACTIVITIES REQUIRM N►$AT 111M Ort ACIMVI'r'M ARE MUMM TO W" T111110 RZI�UiiCB'if7 For IRC Staff on1r. Transmitted to Administrator Via' Interactive Web Form E -Mail Hand Delivered Phone INTERIM COUNTY AD?AWSTRATO MEETING DATE: R: Michael Zito .ra . . 504 6�Ad ilNlh€Ai�i RSR UM BOARD OF COUNTY COMMISSION ftWQ jIWrT*1 8MEDULED FOR PUBUCDISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, pubftoll cusdun items Mould be limited to matters on which the commission may take action Indian River County Code Section 102.113): limit remarks to three miplop.1014M additional time is granted by the commission SUBJECT MATTER FOR DISCUSSION: IS A DIGTTALJELECTRONIC PRESENTATION PLANNED? WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISIMM ARZ FWUC FUNHS (R ACTlVtl7l1>+!t =QfIIRM FirIRC'St last ly.- Transmitted to Administrator Via: INTERIM COUNTY ADMINISTRATOR: Michael Zito Interactil€€eForm E -Mail Hand Delivered A4zDA?'V Phone 505 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDUJ" FOR PUMIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.0410)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River Countv Code Section 102.11(3): limit remarks to three minutes unless :additional time is granted by the commission For IRC Staff only: 506 of pi 3 Psut$WPrhe- *rl a oral. 1VU111M=1 VI V.J. W.1LIG-N, LVV11117, Y111GiSC-M My population size 2019 Published by Statista Research Department, jun 2, 2023 How many incorporated places are registered in the U.S.? There were 19,502 incorporated places registered in the United States as of July 31, 2019. 16,410 had a population under 10,000 while, in contrast, only 10 cities had a population of one million or more. Small-town America Suffice it to say, almost nothing is more idealized Read more X kv It i �2 Florida's poorest towel has an annual median incom of just $22,1000 With a median annual household income of just over $22,000, Gifford, Florida, located in Indian River County near Vero Beach, is the state's poorest community Florida's median household income is over $61,000 per year, with a statewide poverty rate of 13 percent The poverty rate in Gifford clocks in at over 48 percent - nearly one in two households KjZic- 3 25,402 29,219 19,605 27,008 35,682 21,843 19,643 18,148 20,333 31,532 43,783 22,593 32,287 15,955 22,786 24,844 37,712 33,144 33,365 Newjersey Hawaiian Median New Mexico University Park household ,tate Poorest town Illinois Alorton Indiana income in Iowa Fayette town ($) Delaware Laurel 34,615 Florida Giffor 22,353 Georgia Glenwood 19,625 25,402 29,219 19,605 27,008 35,682 21,843 19,643 18,148 20,333 31,532 43,783 22,593 32,287 15,955 22,786 24,844 37,712 33,144 33,365 Newjersey Hawaiian Hawaii New Mexico University Park Ocean View Idaho Glenns Ferry Illinois Alorton Indiana Austin Iowa Fayette Kansas Chetopa Kentucky Clay City Louisiana Many Maine Machias Maryland Federalsburg Massachusetts Ware Michigan Baldwin Minnesota Aurora Mississippi Rosedale Missouri Versailles Montana Plains Nebraska Fails City Nevada Tonopah New Ashland Hampshire 20.5 25,402 29,219 19,605 27,008 35,682 21,843 19,643 18,148 20,333 31,532 43,783 22,593 32,287 15,955 22,786 24,844 37,712 33,144 33,365 Newjersey Salem 26,667 New Mexico University Park 19,125 24.0 Rochester towns New York Institute of 18,229 28.3 Technology considered in North Carolina Scotland Neck 15,985 North Dakota New Rockford 35,S95 Median household income in state ($) 72,724 61,777 65,030 88,005 63,377 72,563 61,944 65,429 64,521 55,454 53,571 63,182 91,431 89,026 63,202 77,706 49,111 61,043 60,560 66,644 65,686 83,449 89,703 54,020 75,157 60,516 68,131 39.2 9.5 114 41.7 11.4 Number of Poverty Poverty 621 24.0 12.5 towns rate in rate in 266 28.3 11.5 considered in town (%) state (%) 218 46.2 18.8 state 40.0 11.4 50 48.6 13.1 592 13.0 13.9 326 39.2 9.5 114 41.7 11.4 87 58.6 11.8 621 24.0 12.5 309 25.0 11.0 266 28.3 11.5 188 41.7 16.3 218 46.2 18.8 248 38.3 11.0 101 28.4 9.2 273 17.4 9.9 154 40.8 13.3 382 24.7 9.2 313 52.7 19.4 173 29.0 12.8 348 20.5 12.5 87 14.5 10.3 115 19.2 12.9 43 31.7 7.4 57 37.8 9.8 498 53.2 18.3 141 49.8 13.5 750 47.4 13.7 405 11.3 10.7 50 6.t / (� r Images 2020 Highest News videos Sh• The median income for a household in the community was $22,090, and the median income for a family was $24,094. W wkipedia ; University, Hillsborough County, Florida - Wikipedia The median household income in University is $28,495, which is a little more than half the average household income for the state of Florida, being $55,660. Dec 15, 2021 12 College Brothers What's Living In University FL Like? 1(2023) ULTIMATE Moving to ... The average household income in University is $40,327 with a poverty rate of 37.05%. S World Population Review University, Florida Population 2023 400 � 5 f 1 rA ' African Ametican Sites in Florida Vbben the church building deoestoratied laxk i.0 t in the 199056 .�tY d ro Dear who COO it down, but local leaders raised X5,000 tlH po 45th Street in �Gi�ord- Of par at-. , chikken - t6e btuldi _ - sEfiool b� ed century -old wooded lar interest is the. damn to the btu`ld- _built for UI a vaindaav kale - boar. d displa7� - iugts fmn ii. wa ds vlaton of :a time when the High Sd church vvas the only ho of worship for 61 ' o in what is today Indian Rivcr Count: D io `Flsa chctcsh is .4 mks we t of U.S- VWwlm 1 and on thenorthwest coal of 45'4 Sam an4.. drenweu 28i4 Court, just. past. Gifford Middle School on dk` lid 45i4 Sto+eet. had to Word. Before dws� . those few blacks read and writey }rave taught other N in thc1ocal d urchM bin b" �re not allows d to attemd'the first white Lk in 1$9$- Th9 'at was he b"iter Partof C'ord loo children could wend ter ins llde onie throqo six. And the blank schOa±c*d=months of the a tlurc iia crops to pick. If thi chill ted an e # d "'�" to go- W.anodier TI= *Y iaattaal�y_ for the f�in0i�s. ` atioa: many Affican Americana . gent jobsafatugewlien the t& for jobs. And while many Af- of the twgm4et i . �- was tr, d better Arfa�"1ITedtt II, when mare rnore.murists thenty AM- • ' wiotkod as .tears, and .. can in t6.c neverhecels: Americans moved inAVl On the 1950s, African semi -skilled jobs and selft . Tire 4QVdon � ,baPdKChUis Gif 114 monied frotnone seaioaofmvmnosons ,-barbers, carpenters, beauticians, and'° The Civil Rights Movement of the 196' . opened up more opportunities, including stair' That.church is. Just oie of about thirty blatck end government jobs. By the 1970s, even more rtunities themselves, especially for a . presented that cs 1n the county; chins that � . oW strong hfinimm of such "ose with a good education. Piper Aircraft, f worked churches in this country have o� cQ>o mnded example, hired skilled and sert�,_. whue p who want their iesrespect,evar - ()be can.zrgue that the blaek_church in t o build airplanes there. By Thomas A. Jackson of Gifford became . pport- -- the sutx S tisp Yi Soudt, :1.. black doctor to open a successful medical pro � - . - Azy6ty nsttacs o� tear of protests ag�ttnst tie h �� lcadecs . tice in the county, and Blayne Jennings , mat black to open a law practice in Gifford. '. aads+pn� dim the .trst been ep black dho _ gtdyatdw����� th ,. y� _ - a of :die 14kk c�ommumty tfl. _as oto Afric was also .tom std dftbe rashest and law enforcement and business, many school in` the coin: 11, W. E. Americans are working in the county �.dona% lapid for sash a school and a Vero was then chiefly noted for the fine u quality -of the oranges and gmpeh7rdt prod I in the ear -by groves, A-fr. N. Q. Penny had -n donemore than angothermontcs spread the fam I '. of the town- by pasting a label on every grape, fruit snipped from his grove. He was the ori- ginator of this eustom and through it the name OfE Vero beeame famil- iar -to many I9TeM Of extra - fine grapdruit the East. lu- dlaiLWerfisl, vegetables, Pfii.dapplesimd lumbe'r were the 'Aw prize chw sales pro- ZwdSudmWdItud Th' -qu;tsaudq&e . iat Mgt se JUde . Canada— a number flf the vegetable rowem -me MHOMEMUMMMM. MEOW Reftige for shipwrecked mariners on the ocean shore qD-Posite the mouth V, Bethel Creek. Louis Stoeckel, a brother of Charles Stoeckel (the tWW of the -Home of Rfte)*,- carne and built a home on the river. side of -the . .strip of land that separates the IIKhaR River 'ftiii the cee2n Henry Wein was the nest arrival and he also built a home on the penfixWa. I The summer of 1887 brought T. G. Baqs, S. T. Hughes and Henry" &n T.- gifford. They came the riv_erM­saJ_____ Boats- and took Up lard across the river from the pwbsWa, near -the site of the present town. For many Yeats Mr. Gifford was the leading citizen of the community He: was one of the first to see -the posslb�7itiesit of this local - He' established the first store and Was thL,- O . - _. wn's first postinaster. He started exten&e-groves and was a progressive citizen in ,�V_ - when the rafl- wy way. road came, GWiMd ofFaincitii e xv AndAMLAN—d—i- - th"' n M PM 1142iffift" V -�W t 4-M Wj It A:( at the es—ibrhshanemt_of a Government H6use'Of.' 4 Milli "OEM==* RMF5 F IM-;, 3each- R P fiber_d&pWiNd =LaL 'Mad PIRMto it f bf SbkU:=Ue-a�4 M# -... .4 S't R, J, . risme as thA-AtIant1j. ids. hero, jnorth26d i6nth . : 7- -Charles='- F;.,Charl xv AndAMLAN—d—i- - th"' n M PM 1142iffift" V -�W t 4-M Wj It A:( at the es—ibrhshanemt_of a Government H6use'Of.' 4 Milli "OEM==* RMF5 F IM-;, FVero Beach > 1C%7 w4an P*M, Como A16Y3OWa The town of Vero was chartered on Vero was officially renamed Nero Beach" and was switched f rorR- being part of St. Lucie County to becomelthe county seat of Indian River County when it was ---------------- formed in June, 1925. ll a Rik �• _ D•' ¢ fes` S�Q Z'j TH 4 fl O 25 $26= 0 600. E5 - � ST. n - ixY �y s 7 f ' ikw i - e, vtrtuaLTy no blacb Irved:borate limits of Beate BassIl3all Roy -� panella Inter ' ` Ric ev j 60" "='d no sem irll, keit . t Bul YMI wee seated etier3'W`' Other I mi c � C`, P saw hero Bei zyas Public Par Oe re-MCML.—Zed that local blacks I_�ved ire$ �hntidled togethe,� in tiitp adjoin tows of fiiord; wisieh Costed of a movie house, g a barber sh and a pool haIL� %%uetheless> as a resteit of he - op alliance :w -100 buM Robinson and Rickey, cthaooe e tot3meliM and ?_ksCiZ tsb _ Pa�i�rar and Beyond: She Time Aim Wed V�far 3t.- = Wban centers. The general inanageF Phere Of Vero &�"dtS&imjl{ggs- ili(Z heli playm f:o - i ds and wri to E2CU5 Olt t�f£ SpL3It 185thST fes. '1D break the calor lines with a top Mack; atMete paid. handsomer! Recd CmW('s 'M led.Ebbets Bteld iI1 -•sem 4 YDT_k and in other ba -n�. ballparks It 1t also draw much cal . mon to Vera Beach. Aajor league baseball �- _ . _ cities since 1898 and, by 1929, tentrainin €ifs g _ camps '� t ushiue staIM A ;. dominat �r 3Ia3th� bush- ; �l remained a segregated irtstit-FtiOi€ _ .•"F- 1- 3 despite the obvious _ SL C O � l- prOfassional Nem leagues-- Accordingly, Red dative of -Sanford_ Florida, whe worked as the c announcer nor the �b� in the 11-040s,e d xpr g... at y 3St�nirhmQrst Rickey c onfidential4, told_ W b the Dodgers had signed Robinson and miended to play the great African-American athlete. y Rickey.'s chgce of Veru } Reach far a craws she may have bew raftd to 'Rsoit's bbd of lg on the scene_ Rickey believed t racism was Ick �zsvg In Vero Beach than most other g1�tt places in �e Som, da in �C t � heyt2ge bl �y rooted in south trachtiars, rernamed donwr y segregated, AiricMi - =1-mes ican baaselrU player, like all people of their earl � countered discrinr�,- tion IIOt only in lwg--T CitZes, such as Jacksmwflle a i but in s n tb I3 as well_ 3a�e R,ohirj,son r�iglil�or e°"r'mr'rrtp aroused r �odr farm P=test in �a�uoEd � f33st 3�e islt $ system, while Jacksonville apd De =and u and igt--gr-atm Dodger far€n team. At.the #irn `ilk e, vtrtuaLTy no blacb Irved:borate limits of Beate BassIl3all Roy -� panella Inter ' ` Ric ev j 60" "='d no sem irll, keit . t Bul YMI wee seated etier3'W`' Other I mi c � C`, P saw hero Bei zyas Public Par Oe re-MCML.—Zed that local blacks I_�ved ire$ �hntidled togethe,� in tiitp adjoin tows of fiiord; wisieh Costed of a movie house, g a barber sh and a pool haIL� %%uetheless> as a resteit of he - op alliance :w -100 buM Robinson and Rickey, cthaooe e tot3meliM and ?_ksCiZ SPI LWA INDING AID �I ILL AY 1913-1978 (BOOKER T. VYARj4iNtrzTONz lareferrscl Citation archive Center, Indian River County Main L€Nra., Veru Beach, FFoi ida. ►�r Pamela J. Couper Date:. Ac '"Orm3tton f Provenance N/A Creator Archive Center, Indian River Counl<y Main Library Staff and Volunteers l Repository Indian River County Main LibraI ry, Archive Center . 4000 24St Street, Vera Beach, Florida, 32960 Telephone: 772-770-5060 -5 Email: genealogy@irclibary.org Archive Center and Genealogy Department, 2nd Floor Indian River Caunty Main Library Miscellaneous articles in sleeves� �nd`newspaper clippings in a separate folder in chronological English Cafes c.a. '1943-197& H Fical dote The original spillway originated .when the, dam in the Main Cantil was dynamited in 1913. By 1917,. a new subdivision jvas laid Out died Booker T. Washingtoij. This area lead nu cmero�is Domes, two where re hes, several grocerygroceryStores and a liquor store. It was. a place the cirrus grave vror'KerS andre eir iarmTies could !':etransferred each day to their dive, They j the mirk 4° most buildings t,,,ere cane. cls Ce Eng Miscellaneous articles: maps, census d riewsaper clippings Fri �.t Te � rc; Indian River County (FIR) Genw — Vern Beach, Indian River Coin (F PAWOTY Spl7lway, Indian River County, Flrorida } - 1300ker T. Washilligton SttbdWision ero Beach, Indian Rikfa COURty (ela.) — Hi_q,- fjt f Main Coital-- Delo Peach, Indian R"r County, =1 Indian River f=arms Drainage District Afill i A -TQ cnen Gti�rt't.;L3i'i!fy� itidi2n F?n.Ci C6ifTij' i4ia.ilt Ltilr dry. A�' til -e `enter. menti Le,`"L.Ii, =L � � 1916 Sep 2 1917- Jon 2 1917 Feb 9 191 Afar 2 1919 Jun 1 19191919 0 11 1919 Dec 2 1921 Jul -At 1921 Sep 1 Jun 14 1923 Nov 29 1924 Apr 3 1924 Jun 5 1924 Dec 25 1925 Jun 11 1925 Aug 20 1925 Aud 27 SER eint Lure Couritti trine ort Pietue News fistmi Het°aid acre V amt Lucie Couniv rNxm V ,,.. n aint Lucie TomeIII eint Luce. Counlyibuna Vero treo; may*' L,1 arnt Uce aw Lucie County Tftune Mrs M httls.. K . a ern.Press AiS: Pn .Han - ero Kress be - �: - 8ro Press isatiiia Union -u o era Press Raid at a _ "moo Press tip . ero Press inuies int of P 'rt`tr+cri: ero Press. - id racy rod000ft" ale of ` Varo -Med` ud em Press Prsrtt r(da Peninsu� t3oe�trr epi _ f5wo010 Y ero Priers Colored S:` hoof `itl ero Press Smr+e R ers: Cain ise' Recw ero Press . AD; :George Lig: grey, d inn. M ero- Press V1ii Man . ero Beach Press dD: Com' ia= Cyt. , era Beach Press fo :Cid ► .cad bre sa n laced n cou ... 1926 Jun 26 1 Vero Beach Press Five Cbl6W 36hools Obw_" In 1926 Se 13 1926 Se 15 Wor2DIS SOUTHWEST FLORIDA'S BEST VIEW OF (hops://www.gulfshorebu .com) 0 chromecast/) . i Florida counties' ranking ®n ad t%th index (https://www.gulfshorebbulsi'mess.co—M/fl®rida- c®unties-ranking-®n-a-nationwid wealth -index/) BY JUSTIN (HTTPS://WWW.GULFSH0REBUSINESS.COM/rRUTH0R/JPAPROCKIGULFSHORE Ll PAPROCKI FE -COM/) SEPTEMBER 2, 2022 PHOTO CREDIT:GETTY PLAY ARTICLE 0:00 / 0:41 1 x Wealth in Florida is found along its coasts, particularly its southern coast. A study by SmartAsset came up with a Wealth Index for each county nationwide, looking at investments, income and housing value. Most of the top 10 wealthiest counties in Florida are on the state's east coast. But Monroe County (aka the Florida Keys) ranked the wealthiest, and not far behind was Collier County in second place. Lee County was 12th in the state. Nationwide, Monroe County is the 10th wealthiest, with Collier coming in at 14th. The richest: Teton County, Z11Tyoming, home of Jackson Hole, followed by Manhattan's New York County. SCto 15 t- Duct CA A !cl 1111ev Sul &_U11! 11 tar, w��l��''C,7(rLDess.cor"�/�o6 (https://www.gWfgbfOesMt*pe23 express-zaxbys-planned-for-lehigh-acres-with- nearby-apartments-in-worksl) Copyright 2023 Gulfshore Life Media, LLC All rights broadcast, rewritten or redistributed without prior Tin City fully operational after hurricane, car cras damage(https:/fwww.gulfshorebusiness.com/ti city -fully -operational -after -hurricane -car -crash - damage/) indoor marketplace launches with 3.5 vendors in Ave Maria (https://w ww.gulfsholrebusinm.cote/indoor- marketplace-launches-with-l5-vendors-in-ave- maria/) PER CAPITA INCOME $106,583 $103,865 $87,478 $89,185 $84,607 $57,213 $69,862 $73,944 $70,884 $64,746 WEALTH INDEX 50.82 42.82 34.4 34.13 31.77 28.5 27.57 27.37 26.74 2331 xL This material may not bd'�ublished, C07lkVi4ps.//www.gulfshorebusiness.com/pand express-zaxbys-planned-for-lehigh-acres- with-nearby-apartments-in-works/) (hitps://www-guifshorebusiness.com/tin- ci-ty-fu lly-operational-after-hurricane-car- crash-damage/) (https:/fwww.gulfshorebusiness.com/indc marketplace -launches -with -15 -vendors- In -ave -maria/) L PER CAPITA MEDIAN # INV9STME LUE INCOME Monroe $88,494 $ 726,297 Collier $78,740 $509,800 Palm Beach $59,197 $399,758 Martin $52,212 $421,292 Indian River $62,542 $310,702 Miami -Dade = $53,409 $424,413 Walton $51,792 ;, $ 313,692 St. Johns $21,511 $445,938 Sarasota $30,746 $380,978 Nassau $26,524 $322,308 t- Duct CA A !cl 1111ev Sul &_U11! 11 tar, w��l��''C,7(rLDess.cor"�/�o6 (https://www.gWfgbfOesMt*pe23 express-zaxbys-planned-for-lehigh-acres-with- nearby-apartments-in-worksl) Copyright 2023 Gulfshore Life Media, LLC All rights broadcast, rewritten or redistributed without prior Tin City fully operational after hurricane, car cras damage(https:/fwww.gulfshorebusiness.com/ti city -fully -operational -after -hurricane -car -crash - damage/) indoor marketplace launches with 3.5 vendors in Ave Maria (https://w ww.gulfsholrebusinm.cote/indoor- marketplace-launches-with-l5-vendors-in-ave- maria/) PER CAPITA INCOME $106,583 $103,865 $87,478 $89,185 $84,607 $57,213 $69,862 $73,944 $70,884 $64,746 WEALTH INDEX 50.82 42.82 34.4 34.13 31.77 28.5 27.57 27.37 26.74 2331 xL This material may not bd'�ublished, C07lkVi4ps.//www.gulfshorebusiness.com/pand express-zaxbys-planned-for-lehigh-acres- with-nearby-apartments-in-works/) (hitps://www-guifshorebusiness.com/tin- ci-ty-fu lly-operational-after-hurricane-car- crash-damage/) (https:/fwww.gulfshorebusiness.com/indc marketplace -launches -with -15 -vendors- In -ave -maria/) L i 8-0 W." r m4 rt � n Real Estate Amenities About Windsor Schools Windsor is a suburb in the ,Se,i�s%��Metro and in ... the Indian River +bounty.. It has a p�opulatlon of 377 and a Population density of 238, which i9l 59% above the nationa average. It has a median age of 60, which is 15 years above the Sebastian [Metro median age and 31 years Show more $3,639,300 $377995 [Median Hone Value Sebastian Metro Area $21,197 $2x284 Median Rent Sebastian Metro Area 2/io 8/io School Bating k . A. i r' AMERICAN RESCUE PLAN ( ) Grant Application For New Multi -Family Housing Construction I. APPLICANT INFORMATION (PRINT OR TYPE ALL INFORMATION) The applicant is the person (s) or entity who holds (or �vill hold) title to the. housing units identified in this application.- Applicant pplication:Applicant Business or Organization: Housing Trust Group, LLC -.(or a single purpose entity affiliate). Federal Tax or Non-profit Agency Identification Number. 20-5641453 Applicant Address: 3225 Aviation Ave, 6th Floor, Coconut Grove, FL Applicant Phone: ( 305 ) 860 - 8188 Applicant Fax: ( 305) 639 - 8427 Applicant E-mail: Diliat@htgf.com Applicant Contact Person: Dilia Tabora I. PROPERTY INFORMATION (PRINT OR TYPE ALL INFORMATION) • Subject Property Address (street, city, state and zip code) 4355 38TH AVE VERO BEACH, FL 32967 • Subject Properly Tax Parcel Identification Number. 32. - 39 - 27 - 00000- - - 00018/0. • Legal Description (attach separate description ifnecess aryI� W1/2 OF NEI/4 OF NWU4, LESS N 735 FT &LESS S 165 FT (OR BK 468 PP 255) December 29, 2022 Dina Tabora Housing Trust Group, LLC. 3225 Aviation Avenue Coconut Grove, FL 33133 INDIAN RIVER COUNTY CONaVIUNITY DEVELOPMENT DEPARTMENT 180127th Street, Vero Beach FL 32960 772-226-1237 / 772-978-1806'fax RE: Vero Village Administrative Approval [AA -23-02-04 / 2004070416 / 936681 Dear Ms. Tabora: www.ircgov.com County staff approved the above -referenced conceptual administrative approval application. The action approves the conceptual site plan for an affordable housing development known as Vero Village, to be located at 4355 38th Avenue, with the following conditions: 1. The applicant must apply for and receive PD, Planned Development approval for the 20% residential density bonus proposed for this project. 2. The density bonus shall be conditioned upon the income -related criteria established in Section 911.14(4)(a) of the Indian River County Land Development Regulations. 3. At the time of PD, PIanned Development submittal the applicant shall include detailed site plans that demonstrate compliance with all applicable County codes/regulations. Please find attached three (3) copies of the approved plan. If may provide any further assistance, please contact me at 772-226-1690 or pmu�h�arcgov Sincerely, Patrick Murphy Senior Planner, Current Development cc: Phil Matson (via e-mail) Ryan Sweeney ' Y Y (iia e-mail} John Stoll (via a -mail) FACommunity Development%CvrDev1AA12022A&IVCMVIHagMA-23-02 93668 -moi ),ppdoca -page ioft ■ • • The Mortgage Deed will be/is Held In What Name (s): (Indicate name (s) exactly as it appears or will appear on deed) HTG Vero Shores, LLC, Single Purpose Entity Affiliate of Housing Trust Group, LLC (That will be created for the sole pui pose of developing and owning this development, and the Purchase and Sale Agreement included herein will be assigned to this entity prior to submitting the application for funding to Florida Housing -Finance Corporation). • Number of -multi -family Units proposed 79 • Unit data: .a en Efficienc AMOUNT {$) One bedroom 39 700 2024 $9001$495 Two bedroom 40 900 2024 $1080 $594 Three bedroom 10% Four bedroom • Very low-income households to 50'/o Total number of 79 units 63,300 2024 Varies H. SPECIFIC PROJECT AND EXPERIENCE -INFORMATION 1. Number of affordable iiia to he hitilt —EU percentage for Indian River Canty veal 33% pet Florlde Housing Finance Corporation RFA 2029-201 deasiopments Once FH FC updates ffiis figure for this yew we vAl commit to what that EU n amount is detarfined. taCdDed IR COutitlee. 2. Funding Summary FUNDING AMOUNT {$) # OF UNITS % OF TOTAL $23,129,567 • Extremel low-income households to -M% 8 10% 4% • Very low-income households to 50'/o $4,484,000 19.4% Amount of funds requested from Federal and/or State program • Low-income households to 80% 71 90% $340,000 • Total number of units to be built 79 100% —EU percentage for Indian River Canty veal 33% pet Florlde Housing Finance Corporation RFA 2029-201 deasiopments Once FH FC updates ffiis figure for this yew we vAl commit to what that EU n amount is detarfined. taCdDed IR COutitlee. 2. Funding Summary FUNDING AMOUNT {$) % OF TOTAL Total project cost $23,129,567 100 Contribution by applicant $929;536 4% Amount of loan from bank $4,484,000 19.4% Amount of funds requested from Federal and/or State program $17,376,031 75.69/6 Funds requested for LGAO Indian river $340,000 3. Experience and ability to proceed with theproject (provide attachments as needed) • Funding Sources (please identify what funding is committed and what is applied for or will be applied for)? The financial contribution obtained from the county will allow us to apply for the 9% Lowlncome Housing Tax Credits needed to move forward with this community. Senior communities Gine-this provide -quality of life to households that depend on fixed Incomes and allow them more flexibility through increased disposable income. With the rent increases experienced through- out Florida, the need for these units Is more exacerbated than ever befofe.This will be applied for in December 22. �4 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WI H7M E VI OF THE CIVIL RIGHTS ACT OF>�964 i As a conn tion of receipt of federal financial assistance froM he Department aftbe Treasury, fhe recipient named below thereinafter referred to as the "Recipient'') *vides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with ft intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987. provides that the visions of the assurances apply to all of the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's program(s) or activity(ies) is federally assisted in the manner prescribed above. l_ Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial ofthe benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or. national origin (42 U.S.C. § 2000d et seq.), the Department of the Treasury � implemented by Title VI reguations at 31' CFR Part 22 and other pertinent executive orders such as Executive Order -13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166, "improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient. understands That denying a person access to its Programs, -services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of fie Civil Rights Act Department of the Treasury's imof 1464 and the piementiag regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands anis agrees that meaningful access may entail providing language assistance services, including oral interpretation and services, and activities. written translation where necessary, to ensure effective eommun6tion in the Recipient's programs, 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs; services, and activities.; As a resource, tke DepartmeIlt Of the Treasury has published its LEP guidance at 70 FR 6067. For more uiformation on taking reasonable steps to provide meaningful access for LEP persons, please visit hypt ://www len &ov, 106 J i U.S. Department of Housing and Urban Development Espanol Home (n / Program Offices (/program offices) / FHEO Home (/program offices/fair housing_equal opp) / Title VI of the Civil Rights Act of 1964 TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 No person should be discriminated against based on race, color, or national origin in any program or activity receiving federal financial assistance from HUD. What Is Title VI? Definition of Federal Financial Assistance Discriminatory Actions Prohibited by Title VI Filing a Complaint Additional Resources on Title VI What is Title V!? pq"n,, or ua o orzoy . Provide Feedback Title VI applies to programs or activities receiving federal financial assistance from HUD. Definition of Federal Financial Assistance • Grants, loans, and advances of federal funds • The grant or donation of federal property and interests in property • The detail of federal personnel • Use or rental of federal land or property at below market value • Any federal agreement, arrangement, or other contract that includes as one of its purposes, the provision of assistance (for example, training conducted by federal personnel). Federal financial assistance does not include a contract of insurance or guaranty. Title VI applies to all HUD housing programs except for its mortgage insurance and loan guarantee programs. News e rs- 6v -X ancestry hftps://www.newspapers.( In'%� an River Press journal (Vero Beach, Florida) • Thu, Dec 3, 2020 • Page Al Hexed d could mean more housing Vero Beach OKs zoning for up to 189 housing units on 24 acres Colleen Wixon Treasure Coast Newspapers USA TODAY NETWORK — FLORIDA VERB BEACH — City officials cleared way Tuesday for construction of up 189 housing units on Indian River The site is the most recent annex- ation into Vero Beach. The City Council unanimously ap- proved Schwerin Asset Advisors'reion- ing request for residential use for up to eight units per acre of the undeveloped 24 -acre property at the southeast cor- ner of Indian River Boulevard near 47st Street The zoning is compatible with the other residential developments in .the same area, Planning and Develop- ment Director Jason Jeffries told the council Tuesday. A retirement community is north of the property and a senior living facility is to the southwest of the property in unincorporated Indian River County, Jeffries said. The property is adjacent to Indian River Land Trust conservation land. There currently are no immediatetie- velopment plans for the property, said the company's attorney, Bruce Bar6tt. It would be 'reasonable" to expect a multi family development eventuallyto be built there, he said. No site plans have been submitted to the city, Jeffries said. (The property owners) haven't indi- cated any use for it; Jeffries said. Any future use ofthe property would require site -plan approval before con- struction, he said. The new zoning des- ignation also allows churches, schools and nursing homes, he said. The propertyis appraised at $1.2 mil- lion, according to county records. Colleen Wixon is the Indian River County government watchdog reporter. Contact her at Colleemw=n@ TCPahn.com. Printed on May 15, 2023 Newspapers - AM by + ancestry' httpsJ/www.newspapers.com/im Journal (Vero Beach, Florida) - Wed, Dec 9, 2020 • Page Al L.OKd .0 i. k COM"%"wn'Rmmm Caa" Netl- .. rkU"bA W ww K-F,6gIM DOW ii1M COUM — A pro- posed 624 -unit development dear Cleveland Clink Indian River Hospital can include single-family homer and duplexes; cou,rty oQidals decided Tues- day, despite neighbors' concerns about increasw traflic in the area. Tae Musty Commission u„ mouglyappraved rezoning from medMal useto planned development for78atres on 04 Street between Ind% Ri,.Tr boulevard and ILS. 1. The reaoning tr- duces thewwrimurnunim that ramently could be built on the ptopmrty by about 60 units, said Ryan Sweeney, county chief of cument developrnenL The swuntyin marchappravedscatt. eeptTW site alar, for Barbar fes, but the xnr,ittg allmvcd oris+ nubt-hailiy Copyright © 2023 Newspapers.com. All Rights Reserved. units such as a ab :and vown- houses. Nevenhelm, residents of nearrbv iy's Cay complained the new develop- inert. known as Harbor .Bluffs, wot*- bt;irtg additional traffic to an atrcad, congested ama. `%ltis is a big developmeW said U. b& Cay resident Jacobus Koolen. "ft - be there. if you were in out shoes, yau uAltd'd tml> About the same .td-� Printed on May 15, 2023 �11Mlgttt��lpittcittttne, yottE �� 1iMOY: #M � 1� LIQ% � �W�lire I�i1y�s �'�SY ViQ Can titt�iop- 1�Mnt lksute would bo niae�baveson,E it�d.'�aaid. uK the eoumty needed to b**OM available for medical'aflices ifiWOOVELOP MENT, Paye M Newspapers Indian River Press Journal (Vero Beach, Florida) by AN ancestry https-://www.newspapers.com/image/846863956 f , a Cory inued from Pa g e 1 A and facilities tD expand. "we're gotng to give that all away to bring in more development," Spalding' said. commissioners said there was little they could do to stop the property owner from developing the land. The develop- er worked with the county to include building Uth Drive off 41st Street and, additional access driveway and turn lanes on 41st Street to reduce traffic im- M and their the pact, commissioners said. cot Leaves the property for medical of She fices old. resultmi more ftaffic during Wed, Dec 9, 2020 • Page Al Printed on May 15, 2023 proAertY would be .dev eloted in M. t4 the 4rstphue likely multi - Mob, Spey: said. t% -family homes an rid in A 0 tWnk:It'swm a le to zonjAg ftfs-there * Ae gid. yen 141v is the Dz&an River ay be recce atX&Lem or MU (772)78-2295. Copyright O 2023 Newspapers.com. All Rights Reserved. i,. i mo i � 5 r} i t a. n n non. vote Thir ul lttl i 9Prc 1 fr dot er .n „ S division fur 3 years was given the . Dmi de lie l : ft",ch Pari pd a., fear by Chairman Da", Ai. t ,:ie and 1 r -CLL line J eh n@c nm t o ut et �_7 bre, . �Vlannind- tar' ton r eIn 3 1 t1 c c 1° I Y11131 district C t!. "The D011 110'pitcl 7ol, is NOTHING BUT A PLOT" of the�ctu'ld of i hasP;t ig t'ie ar a1c, nccuplui h l.iinp! art ate la t the A4 ' )ouc 'Chis is nothing lint a plot id for hrd1', 7tt111,}Sato MalHe', : ._it Ir t r ted zmi 1 lIn bora Hut„ I. t ordens,l1t,ue r.heli,,!,, adjacent nds it r- .,,am T. liahrrton ItIlldi'15 isellJZ G�,T in flball)jan north rf the IlDstolali T1VO ZONES 1,°✓sv! .. J :; light jhta 0 Negro rest" , t of,' �hu",I Rcasell. riladr a Foml IlIluded I. the hospital zon t-Iurda�ti cU, on listened to t fn, mora landlPl ung to :hsmrbed rendenis f rd Incliner roof .tor over my a ,m, hospital" lira ft f t111t 1nC P'a'd Hoard 4V9R eat IIlCI he- hospitill noir tkmii, 1t !sI toe I a d r rr tded if IShan n' the zone, bill cilc !presently zoned R=_> multipteil a i+er 17 for Tiir. rccorc nlendattnn n vI or. to the lc o li, C tviaddrnr arather one on top f it, ECkm_ hoard member. ,q Mrs. Thorne answered yes 4� 1• brok+ IOnh c.l, i:hcrc t, is cap adld srmanths ago the sub- „ l�oun 'le en Ito tet final approval and he, cr-ton Was re2oned from u 10 urteen :ect t. in t Ieommisclal ehe to m dt area n maid ntiul 1,,one ;arcs t -Thls -are. blis basher. _ 72 led sir 1r ill lg 11 i .:Mitis{ h c times will He I liace been Jr. for the )or r61C1'e.7t1 t'C ?iil.IthC¢C on thio sward 44Q Waat the 14cst i and'Miller and hospital archl bison. ,ttospi[il acconmodat0d. but r� '' t honeiteet oeo of Daae It 4t7i llii es Gene, accor$:ag { tet hoar ehan;ir- h zoning on _-. ,�,..,-,.�•.; p to Miller, Ithe the prope - no'""• e. people o9au.added Rus e - r Mer ire hold falls into ter realm of Omi dorms^.. I -ell. At this Point 35rs. Mabel Piper rent har» t, 2805 181h Avenue 1 ill q dj� ?, ithj WONT CONDEMN iia lithQagh t hove no plans dot er .n „ S division fur 3 years was given the . Dmi forcondemning any of tiro fear by Chairman Da", Ai. t ,:ie Broker T Washington l n2 t bre, 'L the present time the ho pital NOTHING BUT A PLOT" of the�ctu'ld do - if it needed to be- 'Chis is nothing lint a plot id for cause of tie right of emrnrntito get us off our land. 3fy hus. Ili l ,' declared .',filter dorn Any,b d z d 1 h V worked at our t ani political ubdn son: has this �L s I.,this h ne No our .diel light jhta to rs ere and Uds s aP. IlIluded I. the hospital zon w hoe lYnarc om I go n to -- aril be bloc' 6 7. and Alin theI f rd Incliner roof .tor over my a original .r tin -of Leo where liad '4frs. Thorne questioned. 67 IIlCI he- hospitill noir tkmii, 1t !sI Drd anyone offer to bur P. !presently zoned R=_> multipteil ur property asked Chester NCE Ifa.ifl. In Inc Rook,cr T. Wo,shington, ECkm_ hoard member. ,q Mrs. Thorne answered yes 4� Wand x13 unidcnUficd men in the Q audt nce said that $800 had tY LATRAL "V GANA1 ROW 44a� p ®gy�,p hen offered for a lot. The hos - ` ,6 ! a ."li 'ieL a 1pilel hiss' p.:cl former owner `2`? tri Street y 4 illinm Van Busch $1,050 per hit u: the debated area, pS1 �q uuld von cbp" to the ESde a t. ��'a IC�1t�S, 1;i shtlputtnrg up bmidinq> F �bc id ym,r home." Russell } asked 1 r Th nit !(�'�;'t g.' ,/(�� [y jj'}�� I dolt core if the hospital j R oys Stoppe& id>, but just don't trnthe- !me I dont want the ho.,pttal to I X 'i1 I A N R I V 3 R N, R i4 Q R I A L Just leave it to the gut tank ',Push me out the door. I'd like store .'the kept nn'h �lirl,it. go to bed s) ntllhf and not qchuldat Vern Tsca c 'p undefeat!Ihave to worry about r," an - .. ad .1 booming train I" o d inaetis'vered (de e rl w tial. .. 'F day night by beat n g n .nunh OUESTI04 h7"n ..gaat1c group from Forest Tom Trent. 242517th.venue, - - - 'Ifills, 5441, land Robert L-, 2745 17th Aco- 9p 2 • id`9 Soalh I ret 1. at 6 j .r. �.-7- Wand x13 unidcnUficd men in the Q audt nce said that $800 had tY LATRAL "V GANA1 ROW 44a� p ®gy�,p hen offered for a lot. The hos - ` ,6 ! a ."li 'ieL a 1pilel hiss' p.:cl former owner `2`? tri Street y 4 illinm Van Busch $1,050 per hit u: the debated area, pS1 �q uuld von cbp" to the ESde a t. ��'a IC�1t�S, 1;i shtlputtnrg up bmidinq> F �bc id ym,r home." Russell } asked 1 r Th nit !(�'�;'t g.' ,/(�� [y jj'}�� I dolt core if the hospital j R oys Stoppe& id>, but just don't trnthe- !me I dont want the ho.,pttal to I X 'i1 I A N R I V 3 R N, R i4 Q R I A L Just leave it to the gut tank ',Push me out the door. I'd like store .'the kept nn'h �lirl,it. go to bed s) ntllhf and not qchuldat Vern Tsca c 'p undefeat!Ihave to worry about r," an - .. ad .1 booming train I" o d inaetis'vered (de e rl w tial. .. 'F day night by beat n g n .nunh OUESTI04 h7"n ..gaat1c group from Forest Tom Trent. 242517th.venue, - - - 'Ifills, 5441, land Robert L-, 2745 17th Aco- lint thin, didn't go so wcl';noe, questioned the hospital's !for the Indian boys.'I'hey wen+ need for so much rrnperty�-and - 25 '�}S 5:Fra@t 57k -1E rap ,dolly in defeat, 6.J25, at theiso many outlying buildings as randsof the. Falco us. dee bcu In. no perm;) for the ISheila. Prhi ticc, dan„hter oi�pru o ed iruspttal zone. Orrd :att'fnole coell iFdcub,a Ririncr::leapO daii," texpLnned: Rqy sfor t]tSPUTED PROPERTY in"B i Mir T.'\i'iLohing f r tine . i is Yvm':For e,cry p tiel t s "roan" k toil 1:0,61vi io t — 17olth OCtile r""tui o ) iron l 1f i6s. Priestley won ill 00 taste_ three Imes blt spac to of'T7iUlan 1 nee ltenlorrzi SIospital ori 2fel street i •aid and 400 -yard [ t; lr.,�i core of F This n:,ludcs betuocn t. tli .4ven'te utid ?0 h A:Qnua Sht led iwhtle Su -an Heffner took the1s arage hollers kitchens, park• lots are. these ownOd by the -ho ttiiat. 1;u tin({ 50 -yard freealvle and 100yar'd ng- facilities -end personel plains too' extelisioti Of the }l0SIA(U2 illc.lude total hackstro}.e. Karen Tsmelmiz I quarte All modern hatpltals — - M (rounded out the threesome andlhate buildings besides the main above proprity owners is, rc u,e o in illre, 1 : 1;, liQi h lllttx...... e� :vile, _tt.0 tw, , I;Illnil r i 'n('k f1 canal. Th -1. " It -I _F PV; real unCtided last iY t.ui; by I!,, ,.. f and 7ol nig Board to be de , - zone district. X�Icaptured the 200 -yard indi- bt lding. It i I practical to loco can only be met With a,; viduaI mrdicy and 900-yard1 build eti un t st tt e sa ne high sense of shock and deternana-j DEMOCRATIC HEADQ U *1AW fRURS butterfly. �co t of construction." tion to.. rearst in every way 19 L Iinrl Brubaker ttus Vero', In. jllvliuliu.n plats exhi- possible ! _ aniy double whiner for the bited to the hospital board at 40 YEARRESIDENTS- oyr' team Re notched the 50 hts Mt ell in' lin Robison ro• ' Ap roximata . 3 i,mli eat OPEN IY it frc sty9u and 500Pyerd tc lel -1-111 usage o: the ha;e awned lots far many, reestyle ecentc. ipw54ker T;viii 7gtmt blocks yr -ars some in mire than - .At .l.e in men howcrer, the40years Illthiscommunity, - 1 I s ital do il -In all the 1 prior b. the sale of properties •� litig at, hr 1 t proposes to ito 111han. Ve n Busch About, build. Rob?las currentP plans three year1 t EVERY DAY I�`'T, - ll -M. .ad love to he "ria zed the nncpdat� "Ifilures located Ill this sub ' Jules, acgnlre ahsc to v in digislon Goat runt 59000 [o 512 ue [zon. 000 each Our now c ren rid �' HT)IlLil-Dalij) .B,jr �iCT110C1'11iC Cal didalcS i1o1 -Gf+ HAVE T6 SELL property a vela d t $12antQ Golfers Lb d et bcu the�1Paa built y (Bal _ I o i j boaW ac.rcn Ubreclit said.1 'tire ask you hen and that c�^� p� 'Thal people will Ir 'e to sell of the Cmtn ti and the c tifens, - STOP B `VERO BEACH C'C. and relocal.e a tntua7ly It sof Vero l ,,h o prevent the. ACQUAINTED �+ x t TCpy Tile to net cent at tilelmt'ht not 1e t000rro but site or of out properto We, �E'�' ll6.�U764F�7 L2✓ Iwl' n the l a p ila s rad a n"_l oto this is a dire" v}elation l Q Vero Beach Countrc Club wgg I �wnn lig r] reh,th Ge. mann, who�eCl and, the, lots will 90 �pf oil cit" rights" the letter' WITH Icored 74 will) Jane-101me's a1 In a final move before ilio'; concluded. l •FI (j �f��'� CANDIDATE � 'g` .). ciest. second with 75. mrctiog adjourned, Rus.,ea ash.( Johnson is a property Owner 1 H O Dor:; L}riunhas posted x 0a�ed that a le(ter from .lahu; jilt to disputed zrea. tw:nI ,ass I3 1 t eemid l Muhi on oddres ed: to .Nan J., ?r flrl. Richards oe included Int �Abbo tt,h n sl7irny YOU FURNISH 1516 20th STREET Airbol. ) he m.nutes copies of the letter l �were hailed to the PFI b1 d; THE BOAT. Class C ginner was Greta and the rcprescntat .c forj iLatiur,an, h tt7,_du with hon We, furnish the brand jShxw placed. selonS with -,G. 5i. Ihr,ited Staten Comrnissimv on civil Ri his. Shaw et H9erryman" h21 t7 :i)erfrolt bnme. See THE Putts ,n will. Tile letter included nine; Caroline Foss. was therd eames`Of property ownersi. v4 � 1C Old ones. 17114'f:.tt'iJ(t'se "r nW. Harrisml Ties 'i. ,h tic wmnrr senr'rno 3Q t'hl;r� hr subdivision. a SHOES Htty Hrck tin}, second with 37 "Any suggestion of a rezoning � RealtOr F.mill Gee nae and Gravel rr am other.move to force the Taylor tied ,I 11 SS Inn a vin in l class B Nancy Pekoe had 40i . Sot second: Molt �j PJY H id`9 Soalh I ret 1. at lint thin, didn't go so wcl';noe, questioned the hospital's !for the Indian boys.'I'hey wen+ need for so much rrnperty�-and - 25 '�}S 5:Fra@t 57k -1E rap ,dolly in defeat, 6.J25, at theiso many outlying buildings as randsof the. Falco us. dee bcu In. no perm;) for the ISheila. Prhi ticc, dan„hter oi�pru o ed iruspttal zone. Orrd :att'fnole coell iFdcub,a Ririncr::leapO daii," texpLnned: Rqy sfor t]tSPUTED PROPERTY in"B i Mir T.'\i'iLohing f r tine . i is Yvm':For e,cry p tiel t s "roan" k toil 1:0,61vi io t — 17olth OCtile r""tui o ) iron l 1f i6s. Priestley won ill 00 taste_ three Imes blt spac to of'T7iUlan 1 nee ltenlorrzi SIospital ori 2fel street i •aid and 400 -yard [ t; lr.,�i core of F This n:,ludcs betuocn t. tli .4ven'te utid ?0 h A:Qnua Sht led iwhtle Su -an Heffner took the1s arage hollers kitchens, park• lots are. these ownOd by the -ho ttiiat. 1;u tin({ 50 -yard freealvle and 100yar'd ng- facilities -end personel plains too' extelisioti Of the }l0SIA(U2 illc.lude total hackstro}.e. Karen Tsmelmiz I quarte All modern hatpltals — - M (rounded out the threesome andlhate buildings besides the main above proprity owners is, rc u,e o in illre, 1 : 1;, liQi h lllttx...... e� :vile, _tt.0 tw, , I;Illnil r i 'n('k f1 canal. Th -1. " It -I _F PV; real unCtided last iY t.ui; by I!,, ,.. f and 7ol nig Board to be de , - zone district. X�Icaptured the 200 -yard indi- bt lding. It i I practical to loco can only be met With a,; viduaI mrdicy and 900-yard1 build eti un t st tt e sa ne high sense of shock and deternana-j DEMOCRATIC HEADQ U *1AW fRURS butterfly. �co t of construction." tion to.. rearst in every way 19 L Iinrl Brubaker ttus Vero', In. jllvliuliu.n plats exhi- possible ! _ aniy double whiner for the bited to the hospital board at 40 YEARRESIDENTS- oyr' team Re notched the 50 hts Mt ell in' lin Robison ro• ' Ap roximata . 3 i,mli eat OPEN IY it frc sty9u and 500Pyerd tc lel -1-111 usage o: the ha;e awned lots far many, reestyle ecentc. ipw54ker T;viii 7gtmt blocks yr -ars some in mire than - .At .l.e in men howcrer, the40years Illthiscommunity, - 1 I s ital do il -In all the 1 prior b. the sale of properties •� litig at, hr 1 t proposes to ito 111han. Ve n Busch About, build. Rob?las currentP plans three year1 t EVERY DAY I�`'T, - ll -M. .ad love to he "ria zed the nncpdat� "Ifilures located Ill this sub ' Jules, acgnlre ahsc to v in digislon Goat runt 59000 [o 512 ue [zon. 000 each Our now c ren rid �' HT)IlLil-Dalij) .B,jr �iCT110C1'11iC Cal didalcS i1o1 -Gf+ HAVE T6 SELL property a vela d t $12antQ Golfers Lb d et bcu the�1Paa built y (Bal _ I o i j boaW ac.rcn Ubreclit said.1 'tire ask you hen and that c�^� p� 'Thal people will Ir 'e to sell of the Cmtn ti and the c tifens, - STOP B `VERO BEACH C'C. and relocal.e a tntua7ly It sof Vero l ,,h o prevent the. ACQUAINTED �+ x t TCpy Tile to net cent at tilelmt'ht not 1e t000rro but site or of out properto We, �E'�' ll6.�U764F�7 L2✓ Iwl' n the l a p ila s rad a n"_l oto this is a dire" v}elation l Q Vero Beach Countrc Club wgg I �wnn lig r] reh,th Ge. mann, who�eCl and, the, lots will 90 �pf oil cit" rights" the letter' WITH Icored 74 will) Jane-101me's a1 In a final move before ilio'; concluded. l •FI (j �f��'� CANDIDATE � 'g` .). ciest. second with 75. mrctiog adjourned, Rus.,ea ash.( Johnson is a property Owner 1 H O Dor:; L}riunhas posted x 0a�ed that a le(ter from .lahu; jilt to disputed zrea. tw:nI ,ass I3 1 t eemid l Muhi on oddres ed: to .Nan J., ?r flrl. Richards oe included Int �Abbo tt,h n sl7irny YOU FURNISH 1516 20th STREET Airbol. ) he m.nutes copies of the letter l �were hailed to the PFI b1 d; THE BOAT. Class C ginner was Greta and the rcprescntat .c forj iLatiur,an, h tt7,_du with hon We, furnish the brand jShxw placed. selonS with -,G. 5i. Ihr,ited Staten Comrnissimv on civil Ri his. Shaw et H9erryman" h21 t7 :i)erfrolt bnme. See THE Putts ,n will. Tile letter included nine; Caroline Foss. was therd eames`Of property ownersi. v4 � 1C Old ones. 17114'f:.tt'iJ(t'se "r nW. Harrisml Ties 'i. ,h tic wmnrr senr'rno 3Q t'hl;r� hr subdivision. a SHOES Htty Hrck tin}, second with 37 "Any suggestion of a rezoning � RealtOr F.mill Gee nae and Gravel rr am other.move to force the Taylor tied ,I 11 SS Inn a vin in l class B Nancy Pekoe had 40i . Sot second: Molt �j PJY iND M Rl1►U COUNTY BOARD OF COUNTY COMMISSION .WTO BE SCHEDULED FOR PUKW DISCUSSION Any organrration or individual wishing to address the Board of County Commission shall complete this form and submit It to the Indian River County Administrator's Office. PUBLIC DISCiJSSiON1F0 Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River Countv Code Section itit remarks to three minutes unless additional time is granted b, the commissten L�. WHAT RESOLUTION ARE YOU 64 '. 4 /'� i REQUESTING OF THE COMMISSION? S 7,-0P ARE PUNI 1C FUNDS Olt ACTIMIRS REQUIRED? WHAT VWWS OR ACITiTr= ARE FJKP RZD TO MIST TWS For IRC Staff only: Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone INTERIM CC t*ftAI&ATOR: Michel Zito MEETING DATE: 507 1� 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Miss B's Learning Bees 4636 34th Avenue ADDRESS: PHONE: 772-713-4130 Fees for renting IG center SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES Yl NO Reduces fees in rent WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1�1YES D NO WHAT FUNDS OR ACTIVITIES ARE $47,337.26 REQUIRED TO MEET THIS REQUEST? For HRC Staff only: ransmitte to Administrator Via: Interactive Web Form E -Mail Hand Delivered 9 Phone INTERIM COUNTY ADMINISTRATOR: MEETING DATE: Michael Zito 508 IdA2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission Dr. Miles Conway NAME OF INDIVIDUAL OR ORGANIZATION: President of the South Beach Property Owners Inc. ADDRESS: PO BOX 643093 Vero Beach 32963 PHONE: 772-231-2810 State of Florida Proposed Legislation to Preempt to the State SUBJECT MATTER FOR DISCUSSION: Indian River County Authority to Regulate Rentals IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? � YES F7 NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? None ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? D YES [��] NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: ✓ Interactive Web Form E -Mail Hand Delivered Phone None INTERIM COUNTY ADMINISTRATOR: Michael Zito MEETING DATE: Aug 15, 2023 509 Dylan Reingold, County Attorney William K. DeBraA Deputy County Attorney Susan J. Prado, Assistant County Attorney 1661 Public Notice Item - B.C.C. 8.15.23 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Susan J. Prado, Assistant County Attorney DATE: June 22, 2023 ATTORNEY SUBJECT: Public Notice of Public Hearing for August 29, 2023, to Consider an Ordinance Concerning Fines For Vacation Rental Violations The Board of County Commissioners will hold a Public Hearing on Tuesday, August 29, 2023, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AMENDING SECTION 103.03 (REGULATORY COMMISSIONS AND BOARDS) OF PART 1 (IN GENERAL) OF CHAPTER 103 (COMMISSIONS AND BOARDS) OF THE CODE OF INDIAN RIVER COUNTY TO MODIFY THE VIOLATIONS FOR WHICH AN INCREASED FINE AMOUNT SHALL BE IMPOSED FOR CERTAIN CODE VIOLATIONS FOR VACATION RENTALS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. C: IGranic UxgYw515ITmpId361630-30e4477d- Mb-115bafk23189.dae 510 William K DeBraal, County Attorney Susan J. Prado, Deputy County Attorney Ofce of INDIAN MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: August 4, 2023 lxq Public Notice Item - B.C.C. 8.15.23 RIVER COUNTY ATTORNEY SUBJECT: Public Notice of Public Hearing for August 29, 2023, to Consider an Ordinance Imposing An Additional Cent of Tourist Development Taxes and Reallocating the Authorized Uses of Tourist Development Tax Revenue The Board of County Commissioners will hold a Public Hearing on Tuesday, August 29, 2023, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 210.01 (TAXING DISTRICT AND LEVY) AND SECTION 210.03 (AUTHORIZED USES OF REVENUE) OF CHAPTER 210 (TOURIST DEVELOPMENT TAX) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO IMPOSE AN ADDITIONAL CENT OF TOURIST DEVELOPMENT TAXES AND REALLOCATE THE AUTHORIZED USES OF THE TOURIST DEVELOPMENT TAX REVENUE; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. C: IG,-i—U gi.W5V31Te p1178.777f.93.1-4dd0.951d,.86I9�9l.d- 511 //4 DEPARTMENTAL MATTERS INDIAN RIVER COUNTY MEMORANDUM TO: The Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Suzanne Boyll, Human Resources Director and Michael Zito, Deputy County Administrator DATE: August 1, 2023 SUBJECT: First Amendment to the Collective Bargaining Agreement between Indian River County and Teamsters, Local Union No. 769 — FY2023/24 General Wage Increase The collective bargaining agreement between Indian River County and the Teamsters, Local Union No. 769 provides for a wage reopener to negotiate a general wage adjustment for the second and final year of the agreement (FY2023/24). The parties reached a tentative agreement on June 26, 2023 to provide a general wage increase of $1.25 per hour or 6%, whichever is greater, effective the first full pay period in October with a total cost of $1,061,192. This wage adjustment would increase the minimum and maximum of the pay plan by 6% for each position represented by the Teamsters. The proposed agreement was submitted to the Teamsters membership and ratified by the Union on August 9, 2023. The wage increase is presented to the Board of County Commissioners for approval. FUNDING: Funding in the amount of $1,061,192 is budgeted and available in the proposed FY2023/24 budget to provide for the recommended wage increase. RECOMMENDATION: Staff respectfully recommends approval of a general wage increase of $1.25 per hour or 6%, whichever is greater, for employees represented by the Teamsters, Local Union No. 769 effective the first full pay period in October 2023 and requests the Board authorize its Chairman to sign the first amendment to Article 33 - Wages of the collective bargaining agreement providing for the general wage increase. ATTACHMENTS: First Amendment to Article 33 - Wages of the Agreement between Indian River County and the Teamsters, Local Union No. 769 and Exhibit A 512 EXHIBIT A ARTICLE 33 WAGES 33.1 For fiscal years 2022/2023 and 2023/2024 employees will receive a 2.5% anniversary increase, or the same increase as non-union employees under the County Administrator's purview if greater than 2.5%, not to exceed the top of the employee's pay range. Bargaining unit employees who are topped out in their pay range shall receive a lump sum anniversary amount in the amount of $1300 for FY2022/2023 and 2023/2024, (prorated for part-time employees), or the same amount as non-union employees under the County Administrator's purview if greater than the stated amounts not added to their base upon successful evaluation. Employees within the established lump sum payment amount (prorated for part-timers) of the maximum of the range shall receive an increase in base pay up to the maximum of the range and shall receive the difference between that amount and the established lump sum payment in a lump sum payment. Any anniversary increases or lump sum increases after the expiration of this Agreement shall be subject to collective bargaining. 33.2 For fiscal year 2022/2023, bargaining unit employees will receive a 6% general wage increase effective the first full pay period in October 2022 or upon ratification of the agreement by the parties whichever is later, or the same general wage increase as employees under the County Administrator's purview for fiscal year 2022/2023 if greater than 6%. For fiscal year 2023/2024, effective the first full pay period in October 2023, bargaining unit employees will receive a 6% general wage increase or $1.25 per hour whichever is greater or the same general wage increase as employees under the County Administrator's purview for fiscal year 2023/2024 if greater than 6%. The hourly rate of pay will be rounded and expressed as $##.##. Any general wage increases after the expiration of this agreement shall be subject to collective bargaining. 33.3 For the life of this Agreement the promotion probation pay increase shall be 5%. 33.4 Effective with the first full pay period in October 2022, full-time employees who actually work established full-time shifts (8 hours, 10 hours, etc.) that start at or after 1:00 p.m. or before 9:00 p.m. will be eligible for a 2nd shift differential at a rate of 5% of the regular hourly rate for the shift worked. Full-time employees who actually work established full-time shifts (8 hours, 10 hours, etc.) that start at or after 9:00 p.m. or before 4:00 a.m. will be eligible for a 3rd shift differential at a rate of 10% of the regular hourly rate for the shift worked. Any shift beginning between 4:00 a.m. and 1:00 p.m. is excluded from shift differential. Shift differential is automatically added to the regular hourly rate for the purpose of computing overtime pay. Any employees receiving shift differential, whose established shift is outside the stated guidelines, will no longer receive it. Exhibit A— GWI October 2023 513 33.5 For the life of this Agreement, if the County identifies a bonifide recruitment and retention issue for a bargaining unit position, the parties may meet to discuss and present practical solutions to address the concern. Nothing herein is intended to expand the rights and privileges extended to the Union pursuant to Article 33.2 of this Agreement with respect to wage reopening and collective bargaining process for FY 2023/24. 33.6 The parties agree to upgrade the below classifications effective October 7, 2022 and create new position classifications as indicated below. Utility Service Worker Progression effective October 7, 2022 Entry Level Utility Service Worker I current L10 — no change in pay grade. Upon completion of six (6) months probationary period, the employee will receive a 5% probation increase. Progression to Utility Service Worker II within 18 months of hire/internal promotion is a condition of employment. Utility Service Worker II (new position) — L11 Progression from a Utility Service Worker I to a Utility Service Worker II will be effective with the first full pay period following meeting the eligibility requirements. The employee will receive 5% promotion increase and be eligible to receive a 5% promotion probation increase upon successful completion of promotion probation. To be eligible for the Utility Service Worker II progression, the Utility Service Worker I must have successfully completed their initial six (6) month probationary period and attained the following within 18 months of hire/internal promotion date: Class A CDL with the following restrictions: 1) No airbrake 2) No tractor trailer 3) Automatic Water Distribution System Operator Class 3 license for Water Distribution or Class C Wastewater Collection certificate for Wastewater Collections Current Utility Service Worker I's meeting this progression criteria for a Utility Service Worker II on October 7, 2022 will be promoted and will receive both a 5% promotion pay increase and a 5% promotion probation increase effective October 7, 2022 after the FY2022/23 general wage increase is provided (not to exceed the maximum of the pay grade for L11). The current Exhibit A — GWI October 2023 514 Utility Crew Leaders on October 7, 2022 will not serve a new probationary period. Utility Service Worker III (new position) — L12 Progression from a Utility Service Worker II to Utility Service Worker III will be effective with the first full pay period following meeting the eligibility requirements. The eligible employee will receive a 5% pay increase or the minimum of the pay grade whichever is greater not to exceed the maximum of the pay grade. There is no probationary period or probationary increase associated with movement to Utility Service Worker III. To be eligible, the employee must be a Utility Service Worker II and have attained the following: Class A CDL with air brakes and tanker endorsement Water Distribution System Operator Class 2 license for Water Distribution or Class B Wastewater Collection certificate for Wastewater Collections Line Location Technician —from L11 to L12 Current Line Location Technician's will receive a 5% pay increase or the minimum of the pay grade whichever is greater not to exceed the maximum of the pay grade effective October 7, 2022. Utility Crew Leader - from L12 to L13 Current Utility Crew Leaders will receive a 5% pay increase or the minimum of the pay grade whichever is greater not to exceed the maximum of the pay grade effective October 7, 2022. To be eligible, the employee must have attained the following: Class A CDL with airbrake & tanker endorsement Water Distribution Class 2 license or Class B Wastewater Collections certificate FDOT Temporary Traffic Control (TTC) Intermediate Course Completion Current Utility Crew Leaders meeting this criteria on October 7, 2022 or who are underwritten agreement to attain the licenses and certifications as a condition of employment will receive a 5% wage increase or the minimum of the new pay grade whichever is greater effective October 7, 2022 after the FY2022/23 general wage increase is provided. The employees will not serve a probationary period. Any current Utility Crew Leader who does not meet these requirement and is not under written agreement to attain the licenses and certifications as a condition of employment, would remain in pay grade L12 as a Utility Service Worker III. Exhibit A— GWI October 2023 515 33.7 The parties agree that beginning October 7, 2022, Beach Lifeguards and full time Pool Lifeguards who possess EMT certification and provide proof of certification to the County, will receive a $40 biweekly incentive. The incentive will take effective the pay period following receipt of the certification by the Human Resources Department. This certification must be maintained by the employee in order to continue to receive the incentive pay. 33.8 The parties agree that beginning with the first full pay period in October 2022, employees in the Public Works Department who possess a Commercial Driver License (CDL) that is used in performance of County work will be eligible for the following biweekly incentive: • Possession of a Class B CDL with a Tanker and/or Hazmat endorsement receive an incentive of $20 biweekly. • Possession of a Class A CDL with a restriction of No Tractor/Trailer and no other endorsement receive an incentive of $20 biweekly. • Possession of a Class A CDL with a restriction of No Tractor/Trailer and with the endorsement of Tanker and/or Hazmat receive an incentive of $30 biweekly. • Possession of a Class A CDL without restrictions and with the endorsement of Tanker and/or Hazmat receive and incentive of $40 biweekly. The CDL must be maintained by the employee in order to continue to receive the incentive pay. Loss of the license or the endorsements must be reported to the County immediately and will result in the loss of the biweekly incentive and may result in reassignment, transfer, demotion, or be grounds for dismissal if no position is available. If an employee receiving the incentive moves or is promoted to a different position, the incentive pay will cease unless the new position is within Public Works and requires a CDL license. Exhibit A — GWI October 2023 516 FIST AMENDMENT TO OCTOBER 1, 2023 COLLECTIVE BARGAINING AGREEMENT THIS FIRST AMENDMENT by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "County', and the TEAMSTERS UNION LOCAL NO. 769, hereinafter referred to as the "Union". WHEREAS, effective October 1, 2022, the parties entered into a Collective Bargaining Agreement, hereinafter referred to as the "Agreement", for the period October 1, 2022 through and including September 30, 2024; and, WHEREAS, Article 33, Wages, provides for bargaining unit employees to receive general wage increases, anniversary increases, and lump sum payments, if any, mutually agreed to by the County and the Union. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Article 33, Wages, shall be amended as set forth in Exhibit "A". 2. The remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date below written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By Joseph H. Earman, Chairman Date John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, County Attorney TEAMSTERS UNION LOCAL NO. 769 By Steve Myers, Jr., Business Representative Ratified by the Union on the 9TH day of August 2023 Attest: Ryan L. Butler Clerk of the Court and Comptroller By: Deputy Clerk 517 DEPARTMENTAL MATTERS INDIAN RIVER COUNTY MEMORANDUM TO: The Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Suzanne Boyll, Human Resources Director and Michael Zito, Deputy County Administrator DATE: August 3, 2023 SUBJECT: Memorandum of Agreement between Indian River County/Indian River County Emergency Services District and IAFF, Local Union No. 2201— FY2023/24 Providing General Wage Increase and Returning to Average Pay The collective bargaining agreement between Indian River County and the International Association of Firefighters (IAFF), Local Union No. 2201 provides for a wage reopenerto negotiate a general wage adjustment for the second year of the agreement (FY2023/24). The parties reached a tentative Memorandum of Agreement (MOA) on July 26, 2023 to provide a general wage increase of 6% effective the first full pay period in October with a total cost of $1,976,959. This wage adjustment would increase the minimum and maximum of the pay plan by 6% and corresponding steps of the respective pay plan for each position represented by the IAFF. In addition, the MOA includes an amendment to the existing collective bargaining agreement to return to providing an average biweekly wage to fire certified shift employees effective the first pay period following ratification of the MOA by both parties. The MOA was submitted to the IAFF membership and ratified by the Union on August 3, 2023 and is presented to the Board of County Commissioners for approval. FUNDING: Funding in the amount of $1,976,959 is budgeted and available in the proposed FY2023/24 budget to provide for the recommended wage increase. RECOMMENDATION: Staff respectfully recommends approval of the Memorandum of Agreement to provide for a 6% general wage increase for employees represented by the IAFF, Local Union No. 2201 effective the first full pay period in October 2023 and return to payment of an average biweekly wage to 518 fire certified shift employees, and authorize its Chairman to sign the Memorandum of Agreement. ATTACHMENTS: Memorandum of Agreement between Indian River County/Indian River County Emergency Services District and the International Association of Firefighters, Local Union No. 2201 519 MEMORANDUM OF AGREEMENT 17 . I t This Memorandum of Agreement ("Agreement") is entered into between Indian River County/Indian River County Emergency Services District (the "District") and the International Association of Firefighters, Local 2201 ("Local 2201') as follows. 1. Article 16.01 of the collective bargaining agreement covering the period of October 1, 2022 through September 30, 2025 (the "Current Contract") presently reads: C. Biweekly pay will be based on average pay and paid leave taken. to read: 2. The District and Local 2201 agree to amend Article 16.01 of the Current Contract C. Biweekly pay for fire certified shift employees will be based on the average bi- weekly hours the employees are regularly scheduled to work. The biweekly average pay is calculated using the pay plan annual hours referenced in Article 34 Salaries, divided by twenty-six (26) pay periods. Effective the first pay period beginning on or after the date this MOA is ratified by both parties, the biweekly average hours is 2808/26 = 108 hours. Effective the first pay period in June 2024, the biweekly average is 2704/26 = 104 hours. At the end of each 28 -day FLSA work period, actual hours worked will be reconciled and additional FLSA earnings paid. 3. Article 34.2 of the Current Contract presently reads: B. For Fiscal Year 2023-24 and 2024-25, the parties mutually agree to reopen this Section and collectively bargain any general wage increases for each of those fiscal years. Such negotiations shall commence on or before June 15th unless the parties agree to a later date. read: 4. The District and Local 2201 agree to amend Article 34.2 of the Current Contract to B. For Fiscal Year 2023-24, effective the first full pay period in October 2023, all bargaining unit employees shall receive a 6% general wage increase except single certified probationary employees whose pay shall be adjusted to remain at $2,000 below the entry level for a dual certified position. The general wage increase will adjust the minimum, maximum and corresponding steps of the respective pay plan and the hourly rate will be rounded and expressed as $xx.xx per hour. C. For the Fiscal Year 2024-25, the parties mutually agree to reopen this Section and collectively bargain any general wage increases for that fiscal year. Such negotiations shall continence on or before June 151' unless the parties agree to a later date. 520 Additionally, the existing Article 34.2.C, D, E, F, and G will be re -lettered as Article 34.2. D, E, F, G, and H. 3. This Agreement is subject to ratification by both the District and Local 2201 to be effective. FOR DISTRICT: F L CAL 22201: /t/F ,W, ..T.i John Titkanich Christen Brewer County Administrator Local 2201 President (Date) (Date) /ag/ 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: CR -510 FDOT Widening Concept — Possible Closure of Existing Old Dixie Railway Crossing DATE: August 7, 2023 DESCRIPTION AND CONDITIONS The Florida Department of Transportation (FDOT) is currently undertaking a Project Development and Environmental (PD&E) study for CR -510 from 58th Avenue to east of US -1. The PD&E study is for the continuation of widening CR -510 from two lanes to a four -lane divided roadway. As part of the PD&E study, FDOT has met with Florida East Coast RR (FEC) regarding the widening of CR -510 at the FEC crossing. It is FEC policy that if an entity wants to perform a roadway widening project at an existing crossing, the additional lanes that are being added must be compensated for by the closing of an existing crossing(s) in the general area. FDOT has provided the attached concept plan for the widening project. The concept is a flyover (bridge) over both the FEC railway and US -1, with at grade crossings of the FEC railway for westbound traffic flow from US -1. FDOT has asked the County to consider closing the existing FEC railway crossing on Old Dixie Highway to accommodate the widening project for CR -510. Old Dixie Highway south of the FEC railway crossing is an 8 to 10 -foot wide asphalt roadway in poor condition with variable right-of-way widths. North of the FEC railway crossing, the first 2,500 feet of pavement is 12 to 14 feet wide with variable right-of- way. From that point north to CR -512, the pavement is approximately 18 to 20 feet wide and in good condition. FLINGING At this time, no funding is necessary for this item. RECOMMENDATION Staff is requesting direction from the Board on the possibility of closing the FEC railway crossing on Old Dixie Highway to accommodate the widening project for CR -510. ATTACHMENTS Old Dixie FEC Railway Crossing Map Old Dixie FEC Railway Crossing Sebastian CR 510 Alternative 3 AGENDA ITEM FOR August 15, 2023 522 Indian River County, FL Overview Date created: 8/7/2023 Last Data Uploaded: 8/7/2023 9:05:23 AM Developed byl" Schneider GEOSPATIAL Legend Parcels Street Centerlines _ Municipal Boundaries 2 IRC_Private_Schools Government Facilities FEDERAL GOVERNMENT COUNTY GOVERNMENT LOCAL GOVERNMENT SCHOOL I's HOSPITAL FIRE STATION LAW ENFORCEMENT 4 STATE PARK COUNTY PARK CITY PARK BOAT RAMP CANOELAUNCH CANOE LANDING Golf Courses Water 523 Indian River County, FL Date created: 8/8/2023 Last Data Uploaded: 8/8/2023 8:04:18 AM Developed by" Schneider 1 G£OSPATIAL Overview i Legend ❑ Parcels Street Centerlines Subdivisions Municipal Boundaries 2 P IRC_Private_Schoois Government Facilities FEDERAL GOVERNMENT COUNTY GOVERNMENT • LOCAL GOVERNMENT SCHOOL HOSPITAL FIRE STATION LAW ENFORCEMENT STATE PARK COUNTY PARK CITY PARK ,D, BOAT RAMP • CANOELAUNCH • CANOE LANDING Golf Courses Water 524 CR -510 FDOT Widening Concept Possible Closure of Existing Old Dixie RR Crossing Public Works Department August 15, 2023 y -;, T Widening Com. The Florida Department of Transportation (FDOT) is currently undertaking a Project Development and Environmental (PD&E) study for CR -510 from 58th Avenue to east of US -1. The PD&E study is for the continuation of widening for the current two lane configuration of CR -510, from CR -512 to east of US -1, to a four -lane divided roadway. [Tem 12.G.1. As part of the PD&E study, FDOT has met with Florida East Coast RR (FEC) regarding the widening of CR -510 at the FEC crossing. It is FEC policy that if an entity proposes to perform a roadway widening project at an existing crossing, the additional lanes that are being added must be compensated for by the closing of an existing crossing(s) in the general area. 10 F OT wi y ing Coneµ ITem 12.G.1. FDOT has provided the leading conceptual alternative configuration developed as part of the PD&E. The concept is a flyover (bridge) over both the FEC railway and US -1 with an at -grade crossing of the FEC railway for traffic flow to/from US -1. 52_� ~ 2 ITem 12.G.I. 1,J,-FDOT WiAeqjgg C FDOT has asked the County to consider closing the existing FEC railway crossing on Old Dixie Highway to accommodate the widening project for CR -510. ITem 12.G.1. FDOT Widening Concept IndianCR-510 . 13 - airy � 10 MmT. 1 ®�.• Gwc- - ITem 12.G.1. Old Dixie Highway south of the FEC railway crossing is an 8 to 10 -foot wide asphalt roadway in poor condition with variable right-of-way widths. North of the FEC railway crossing, the first 2,500 feet of pavement is 12 to 14 feet wide with variable right-of-way. From that point north to CR - 512, the pavement is approximately 18 to 20 feet wide and in fair condition. '5 �L'i - 5 [Tem 12.G.1. Old Dixie Hwy Conditions North of RR Crossing f 6 ITem 12.G.1. Old Dixie Hwy Conditions South of RR Crossing 52' -� ITem 12.G.1. RECOMMENDATION Staff is requesting direction from the Board on the possibility of closing the FEC railway crossing on Old Dixie Highway to accommodate the widening project for CR -510. 8 August 15, 2023 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 9, 2023 SUBJECT: Oslo Cemetery FROM: Susan Adams Commissioner, District 1 At the October 4, 2022 BOCC meeting we discussed setting up rules and regulations regarding the Oslo Cemetery. This process has taken longer than anticipated due to the need to conduct a survey of the burial sites. We do have historic documentation of who is buried in the cemetery, however an update for accuracy is needed in the future. Mr. Ron Meadows, whose twin brother is buried at the Oslo Cemetery, attended the meeting and asked that we move the process forward so he could settle his affairs and plan to be buried with his family. Mr. Meadows would like to work with the County Attorney's office to secure 6 burial plots for he and his family. However, since we do not have final policies in place, I would like to ask my fellow Commissioners for consideration of interim policies that would allow Mr. Meadows to work with the County Attorney's office to settle his affairs. As noted in past discussions regarding the Oslo Cemetery, the intention is to keep it as a Pioneer Cemetery, therefore, the number of people eligible for burial at the site is limited. In the interim, the following policies have been proposed to address the need of our pioneer families to settle their affairs, prior to the survey being conducted. 1) Only direct descendants of families buried in the Oslo Cemetery will be eligible for burial. *see attached 2) The family/deceased is responsible for coordination and cost of burial. 3) The family/deceased understands that Oslo Cemetery is not a perpetual care facility and is minimally maintained as a Pioneer Cemetery. Once a survey is conducted, I anticipate final policies and procedures to be adopted that reference current and future available burial plots. 526 b. May 14,1837'&W� 15, 1917 lielseth, Joseph W. b. 1904 d. 1922 b. 1861 d, 1934 Kelly, Mrs Leta Jane b, Feb.. 17, 1964 d. May 2, 1995 Kenneth, BypAj"Iggf� Law, Leve Lavenderl b. Sep, b, Jul. 17, 1940 d u MilleT, Virginia C. Miller, Virginia Clod ifridian River County .1 ISA ian River y Florid A 1-dian River County Florida, USA Oslo Cemetery Veru Beach River County Florida, USA t3�o Cemetery Vero Beach Indian[Ity . A Vero Beawm Indian River County ,h.-a-mmAorida, USA USA River F10144 510 came Vero Beach County USA 528 1 b. Aug. 4, 1884 d. ]un,, 24, 1915� Y ti V WI94 11 Indian River County �. SA Fultz, Annie M. Fultz, 3ohirt Fultz, Th b. Nov. ZE iridian River Cay Flanda, Oslo Cfmnetery Vero Beach ndtan River Coun. V Florida, USA `- Oslo Cemetery Vero Beach tlslr, Cometerr Vero Bea Ind River Cou. Honda, US Kenneth, Butler H n, William Benjarn 6, 1855 d, Mar,r— . s Florida, USA P6i© cemetery Vero Beach Indian River County Florida, USA. s10 Ceme e Vero Beach Indian River County florida, USA Oslo Cemetery Vero Breach Indian River County Florida, USA Oslo Cemetery Vero Beach River County 'flolida, USA County a, U SA Indian fiver County 530 Tliiftn River County Flwid t liSA i A9-76 Indian River County Florida, USA 531 . .. I .. �` i �,, i�� I i 'i .� .- __ __ ;= ,� . _. __ _ _. t� ,._ ,: _�, ,: �,...: _. _ �. .. ,. . � \ . . >. :,� -� w� � � �>� ���..��¥��__.. Board of County Commissioners Meeting Minutes - Final October 4, 2022 14.B.1. 22-0823 Proposal for Revised Beach Renourishment Project Easement Recommended Action: Discuss Attachments: Commissioner's Memorandum Draft Easement This item was deleted from the agenda. Deleted C. Commissioner Susan Adams 14.C.1. 22-0824 Oslo Cemetery Rules and Regulations for Burial Recommended action: Request discussion and support Attachments: Commissioner's Memo Commissioner Adams recalled several years ago, the County re -acquired the Oslo Cemetery from private ownership, however, no rules and regulations were finalized. She stated at that time the County was open to the concept of allowing direct descendants to be buried within the cemetery, adding there has been some interest from the community on burial plots. She requested approval from the Board to work with the Attorney's Office on a fee schedule, rules, and regulations stating there were some rules for the Winter Beach Cemetery that could transfer to the Oslo Cemetery. She also informed the Board there was a list and map of the descendants buried in the cemetery. She mentioned Mr. Meadows was in attendance and was one of the pioneer families interested in a burial plot. Mr. Ron Meadows asked the Board for their consideration in proceeding with the rules and regulations for the cemetery as he was looking to settle his affairs and wanted to be buried in the Oslo Cemetery with his family. A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to direct Commissioner Adams to work with County Attorney Dylan Reingold on a fee schedule, rules, and regulations for burials of Pioneer family members at the Oslo Cemetery and bring back the information to a future meeting for the Board's consideration. The motion carried by the following vote: Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss Indian River County Florida Page 16 538 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 2, 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: Agreement with Kessler Consulting for Landfill and Customer Convenience Centers Procurment Assistance and Contract Extension Request with Republic Services Descriptions and Conditions: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance Agreement (Agreement) with Republic Services of Florida, Limited Partnership (Republic Services). The agreement covers the operation and maintenance (O&M) of the county's Class 1 landfill as well as non -Class 1 landfill services, which includes O&M of the landfill gas system. Per an extension by the SWDD Board on February 21, 2017, the agreement is valid through December 31, 2024. Although there is sufficient time before expiration, staff is looking to be proactive in getting the competitive procurement process started and finalized to allow ample time to the future vendor for purchasing of equipment, hiring of employees, etc. In the interest of time, staff has requested and received the attached proposal from Kessler Consulting, Inc. (KCI) for them to assist with this process. In addition, staff reached out to Republic Services to obtain their interest in a nine-month extension to the current contract. This would extend the expiration of the contract from December 31, 2025, to September 30, 2025, effectively aligning it with our fiscal year. Republic Services has requested a 7% increase over their current rates for this nine-month extension period. Analysis: KCI has prepared the proposal detailing the scope of work, budget, and schedule for each of the tasks. The tasks are listed below showing the estimated fees based on a time and materials (T&M) basis. ae7683ec-f8e4-4275-a2d3-fa9f4fdeb177 Pagee�f� SWDD Item TASK DESCRIPTION AMOUNT Task 1 Procurement Strategy and Planning $24,760 Task 2 Solicitation Development and Sample Agreement $25,360 Task 3 Pre -Proposal Meeting and Addenda Preparation $18,120 Task 4 Submittal Review and Presentation of Results $23,760 Task 5 Negotiations and Contract Finalization $22,450 Task 6 Additional Services $18,430 TOTAL = $132,880 As mentioned above, staff reached out to Republic Services about a nine-month extension to the current agreement such that it would expire on September 30, 2025. The purpose of this was to allow additional time between the procurement process and the start of the new agreement. Furthermore, aligning this to our fiscal year budget would allow better financial planning. Republic Services originally responded with a requested 18% increase to the Calendar 2023 rates. However, based on a recent approval by the SWDD Board of a 4% increase for Calendar 2024, staff countered with a 5% increase for the nine-month extension period. Republic Services countered with a 7% increase to the Calendar 2024 approved rates. If the SWDD Board directs staff to return with a contract extension to Republic Services with the 7% increase, then there would be sufficient opportunity to factor this rate increase into the Fiscal Year 2024/2025 budget process. Funding: Funding for $132,880 for this project is budgeted and available in the SWDD/Landfill/Other Professional Services account, number 41121734-033190. This is funded from SWDD assessments and user fees. Description Account Number Amount SWDD/Landfill/ Other Professional Services 1 41121734-033190 $132,880 Recommendation: Solid Waste Disposal District staff recommends that the Board waive the requirement for bids, approve the sample agreement, and authorize the Chairman to sign it after review and approval by the County Attorney as to form and legal sufficiency. Staff is also seeking input from the Board on the granting of a nine-month extension to Republic Services at a 7% increase in current rate. Attachments: 1. Landfill and Customer Convenience Centers proposal from Kessler Consulting, Inc. 2. Draft Agreement ae7683ec-f8e4-4275-a2d3-fa9f4fdeb177 Page 06 132574 1h Avenue, SW Vero Beach, FL 32968 Re: Landfill Operator Procurement Assistance KCI Project Number: 99-90.00 As requested, Kessler Consulting, Inc. (KCI) is pleased to provide this proposed scope of work to assist Indian River County (County) Solid Waste Disposal District (SWDD) in their procurement process for an operator of the Indian River County Landfill (Landfill) and potentially other managed areas to be determined during the project. Background In 2011, the County privatized operations and maintenance of the Landfill through an agreement with Republic Services of Florida. To accommodate changes in the industry, and in the County, this agreement has been amended multiple times. The agreement is set to expire December 31, 2024. The County now seeks consulting services to assist in the planning, solicitation development, proposal review, and the negotiation/contract finalization process of procuring a new Landfill operator. KCI has provided a wide range of solid waste consulting services to the County since 2012 and remains very familiar with the County's program and operations. We look forward to the opportunity to assist the County again with the potential tasks outlined below. Scope of Work Task 1 — Procurement Strategy and Planning Purpose: Develop a clear understanding of the County's goals and objectives regarding the procurement process by understanding the private operating system, as well as associated challenges. This may include an evaluation of the current drop-off center operations, as well as roles and responsibilities related to the Landfill gas system for any improvements and modifications that could be made under a new Landfill operator agreement. Work Activities: Review relevant County data from previous project and research work, as well as contract and amendments shared by County staff. If necessary, submit an information request for any additional needed Landfill system and operations data. This may include, but not be limited to, 14620 N. NEBRASKA AVE BLDG D I TAMPA, FL 133613 813.971.8333 1 KESCONSULT.COM IRC Scope of work Landflil Operator Procur54,1 information related to convenience center operations, as well as the Landfill gas system monitoring. 2. Conduct a strategic kick-off meeting with SWDD to clearly define the County's procurement objective, develop an understanding of the project approach and schedule, and clarify staff questions on the procurement process. If deemed appropriate, this meeting may include representatives from Purchasing and Legal. 3. Develop a summary procurement matrix based on discussions and research for use as a tool in solicitation development. 4. In coordination with SWDD, develop a "working" procurement timeline that will be updated as the project progresses. Deliverables: ✓ Projekt initiation and coordination ✓ Information Request and review of County provided documents ✓ Kick-off meeting with County staff ✓ Summary procurement process matrix ✓ Procurement timeline Task 2 — Solicitation Development and Sample Agreement Purpose: KCI will assist the County in strategically identifying the best procurement method to meet the needs and objectives of the County as defined in Task 1. This solicitation will build upon the insight learned from the previous Landfill operator agreement and amendments. KCI recommends that a sample agreement be included as part of the solicitation to ensure potential vendors understand the operational roles and agreement terms they will be expected to meet. Additionally, providing a sample agreement helps expedite final negotiations with the top-ranked or selected vendors. Based on KCI's experience, preparing a final solicitation package is an iterative process requiring approval by Technical, Legal, and Purchasing staff. Work Activi ties: 1. Obtain County templates for the selected procurement method and contractual agreements, if applicable. 2. Based on information and resulting County guidance from Task 1, develop draft solicitation package and overarching operational structure that meets the County's objectives and ensures transparency in pricing. 3. As necessary, KCI will work with SWDD to refine sections necessary for a successful procurement. These may include, but not be limited to background information, scope of services, technical specifications or requirements for services, minimum qualifications, evaluation criteria, reference forms, and price forms. 4. Develop a sample agreement for inclusion in the solicitation package. 5. Review and discuss up to two combined rounds of comments and revisions on the solicitation package and sample agreement from County staff and participate in up to three virtual calls. 6. Work interactively with County staff, including the Purchasing Division and legal counsel to revise and finalize the solicitation package for advertising through a maximum of three drafts. 14620 N. NEBRASKA AVE BLDG D TAMPA, L 1:33613 813.971:8333 j KESCONSULT.COM. IRC Scooe of Work Landfill OpWrocurernent Landfill Operator Procurement Assistance i 05/22/23 9 Page 3 of 6 7. Prepare a list of potential vendors to be notified of the solicitation publication. Deliverables: Obtain templates, as applicable Draft solicitation package in MS Word format (up to three drafts) Virtual calls to discuss combined County comments (up to two calls) Final solicitation package, in MS Word format List of potential vendors Task 3 — Pre -Proposal Meeting and Addenda Preparation Purpose: To ensure accuracy and high-quality proposals, KCI will participate in the pre -proposal meeting and provide technical guidance and addenda support to the County, as requested. Work Activities: 1. Provide technical support and assist in responding to questions during a pre -proposal meeting. 2. Review any written questions or comments received from vendors regarding the solicitation. 3. Assist in drafting necessary addenda in response to proposer questions. Deliverables: Participate on-site in pre -proposal meeting, if applicable Participate in up to four virtual meetings or calls to discuss written questions or comments Addenda preparation, as requested Task 4 — Submittal Review and Presentation of Results Purpose: To provide technical advisement to the evaluation committee on received proposals. Work Activities: 1. Review the technical aspects of up to six proposals and assist in determining whether minimum technical qualifications have been met, if applicable. 2. Preps re a comparative summary of the financial proposals submitted by the proposers. If pricing for various service options is requested, a comparative matrix will be developed. 3. Provide technical assistance to the evaluation committee including participation in an evaluation committee meeting and additional virtual meetings/conference calls, as requested. 4. Assisi: in presenting the evaluation committee's rankings in a meeting with County Administration and to the Board of County Commissioners, if requested. Deliverables: ✓ Proposal review ✓ Price summary matrix, if applicable ✓ Evaluation committee assistance, as requested ✓ Prese!ntation assistance, as requested Task 5 — Nea otiations and Contract Finalization Purpose: To provide technical advisement and strategy guidance during the negotiation process. The level of efforz required for this task can be highly variable. 14620 N. NEBRASKA AVE BLDG D I TAMPA, FL 133613 1813.971.8333 j KESCONSULT.COM IRC Scope of Work_Landfill Opsorocurement Landfill Operator Procurement Assistance 05/22/23 1 Page 4 of 6 Work Activities: 1. Assist. with negotiating the final operator agreement with selected proposer(s), participate in virtual strategy planning meetings and prepare negotiation strategy notes, as needed. 2. Participate in up to four negotiation meetings with each selected vendor. 3. Draft additional agreement language based on results of negotiations, as needed. 4. Assist in presenting the final Landfill operator agreement(s) to County Administration and Board of County Commissioners in one meeting, upon request. Deliverables: Virtual strategy planning meetings and prep notes, as needed Negotiation meetings with each selected proposer (up to four) Follow up calls with each selected proposer, as needed ° Final agreement language, as needed Presentations, as requested Task 6: Additional Technical Services Purpose: To allow for additional technical services not anticipated at the time of scope development but related to the procurement process. Task activitiE!s may include but not be limited to the following: 1. In-depth review of convenience center and other managed area operations to assist the County in determining overall operational roles sought within the solicited agreement. 2. Participation in additional meetings, as requested. 3. Transition support during the change of landfill operators. 4. Assist with developing and implementing procedures to track relevant solid waste data related to the new operational agreement. Proposed Budget Due to the variable nature of the services identified herein, KCI proposes to conduct the scope of work on a time and materials basis for an amount not to exceed $132,880. Professional services will be provided at the billing rates set out below, which were established in KCI's recent competitively awarded Ccntract with Sarasota County for Solid Waste Consulting Services (Contract No. 2021-025). This budget includes all professional fees, overhead, and indirect costs and outlines potential travel. Note: Per tie contract for piggybacking travel will not be invoiced separately from billable hours. KCI has separated within this scope to assist County staff with understanding tasks that include potential travel. Due to the unknown nature of Tasks 4 and 5, KCI requests the ability to shift expenses between tasks under the direction and approval of the SWDD. As stated earlier, work will only be invoiced on a time and materials basis. All invoices will be submitted monthly and include staff hours with a detailed list of work activities completed during the invoice period. The table below provides the budget broken down by employee hours, tasks, and potential travel. 14620 N. NEBRASKA AVE BLDG D I TAMPA, FL 133613 1813.971.8333 1 KESCONSULT.COM IRC Scope of Work_Land€floP544 ocufemem EMPLOYEE CLASSIFICATION HOURLY RATE Taak1 Procurement Strategy and Planning I Teak2 Solicitation Development and Sample Agreement rww"l Task Pre -Proposal Meeting & Addenda Preparation I._. Task4 Submittal Review& Presentation of Results Tasks Negotiations &Contract Finalization ,, Task Additional Services (Optional) Total Hours Total Dollars Principal (MK) $225.00 36 14 8 36 38 30 162 $36,450 Project Manager (BJ) $170.00 64 82 46 48 56 40 336 $57,120 Consultant II (RR) $115.00 40 58 42 32 32 40 244 $28,060 Research Analyst I (TBD) $75.00 12 12 10 12 0 0 46 $3,450 Admin Support (NM) $70.00 4 10 6 6 10 4 40 $2,800 SUBTOTAL LABOR HOURS 156 176 112 134 136 114 828 SUBTOTAL LABOItDOLLARS $24,760 $25,360 1 $15,620 $21,260 $22,450 $18,430 $127,880 DIRECT COSTS TRAVEL 1 $2,5001 $2,5001 1 1 $5,000 SUBTOTAL DIRECT COST $0 $0 1 $2,500 $2,500 $0 $0 1 $0 $5,000 TOTAL PROJECT BUDGET LABOR+ DIRECT COST $24,760 $25,360 $18,120 $23,760 $22,450 $18,430 $132,880 Proposed Timeline In KCI's experience the proposed timeline presented in Attachment A will likely evolve as the multi-year project continues. It should be viewed as a dynamic shifting schedule, to be continually modified in coordination with County staff. The current draft is based on the new operator's start date of January 1, 2025. KCI recognizes this may shift, should the County seek to extend its contract with the current operator. Summary KCI appreciates the opportunity to provide this proposal and looks forward to assisting the County with this important project. Our goal is to provide the services and support that you need to achieve your objectives, therefore if you would like to discuss and refine the scope described above, please do not hesitate to contact me or Bethany Jewell. Sincerely, Kessler Consulting, Inc. ACI -- Mitch Kessler President Attachmerts 14620 N. NEBRASKA AVE BLDG D I TAMPA, LIA3613 1813.971:8333 j KESCONSUl.?.COM. URC SeW.of Work—Landfill Op54&rocurement Agreement for Landfill and Customer Convenience Centers Procurement Assistance This Agreement for Consulting Services ("Agreement"), is entered into as of this _day of August 2023, by and between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT (SWDD), a Political Subdivision of the State of Flor'da organized and existing under the Laws of the State of Florida, (hereinafter called SWDD) and Kessler Consulting, Inc. (hereinafter called CONSULTANT). SWDD and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: BACKGROUND RECITALS A. SWDD has requested the services of CONSULTANT for Landfill and Customer Convenience Centers ProcurE!ment Assistance. B. CONSULTANT has provided Scope of Work for the services (attached as Exhibit A), and summarized in the following table. TASK DESCRIPTION AMOUNT Task 1 Procurement Strategy and Planning $24,760 Task 2 Solicitation Development and Sample Agreement $25,360 Task 3 Pre -Proposal Meeting and Addenda Preparation $18,120 Task 4 Submittal Review and Presentation of Results $23,760 Task 5 Negotiations and Contract Finalization $22,450 Task 6 Additional Services $18,430 TOTAL = $132,880 C. The CONSULTANT is willing and able to perform the Services for SWDD on the terms and conditions set forth below; and D. SWDD and the CONSULTANT wish to enter into this Agreement for the CONSULTANT's Services. NOW THEREAE, E, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SWDD OBLIGATIONS 1. SWDD shall provide all available information requested by CONSULTANT in a reasonable amount of time. 2. The CONSULTANT sha not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then SWDD and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. CONSULTANT RESPONSIBILITIES 1. The CONSULTANT agrees to perform all necessary Services in connection with the work. 2. The CONSULTANT will endeavor not to duplicate any previous work completed. 3. The CONSULTANT agrees to complete the Project within the time frame specified in Exhibit A. 547 4. The CONSULTANT will maintain an adequate staff of qualified personnel. 5. The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 6. The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of SWDD. 7. CONSULTANT is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Consultant is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants. TERM; DURATION OF AGREEMENT AMW This Agreement shall commence on August 15, 2023, and remain in full force and effect until September 30, 2025. COMPENSATION AND PAYMENT 1. SWE)D shall pay CONSULTANT for completion of work, at the prices stated in Exhibit A. Invoices shall be prepared and submitted monthly. 2. All payments for services shall be made to the CONSULTANT by SWDD, in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). TERMINATION 1. This Agreement may be terminated for convenience at any time by either Party, provided the requesting Party provides the other with 30 days written notice. If either Party fails to perform any of its duties or obligation or shall violate any of the prohibitions imposed upon it under this Agreement, or shall be dissolved or be adjudged bankrupt or shall have a petition in bankruptcy filed against it, or shall make a general assignment for the benefit of creditors, or if a receiver shall be appointed for a Party, the other Party mayterminate this Agreement, without prejudice to any other rights or claims which it may have under this Agreement, on written notice to the other Party and fifteen (15) business days opportunity to cure such breach. In any event, SWDD shall pay all fees due and expenses incurred for Services rendered through the date of termination. 2. In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents prepared by the CONSULTANT for SWDD in connection with this Agreement. 3. CONSULTANT certifies that it and those related entities of consultant as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the, Florida Statutes, and are not engaged in a boycott of Israel. SWDD may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. MISCELLANEOUS 1. CONSULTANT shall indemnify and hold harmless the SWDD, and its officers and employees, from Iia ailities, 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 CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of the Work. 548 2. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon SWDD and CONSULTANT, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 3. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States Distri A Court for the Southern District of Florida. 4. Indian River County SWDD is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT shall: (1) Keep and maintain public records required by the SWDD to perform the service. (2) Upon request from the SWDD's Custodian of Public Records, provide the SWDD with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the SWDD. (4) Upon completion of the contract, transfer, at no cost, to the SWDD all public records in possession of the CONSULTANT or keep and maintain public records required by SWDD to perform the service. If the CONSULTANT transfers all public records to SWDD upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all app'icable requirements for retaining public records. All records stored electronically must be provided to SWDD, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of SWDD. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TOTHIS CONTRACT, CONTACTTHE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 (5) Failure of the CONSULTANT to comply with these requirements shall be a material breach of this Agreement. 3 549 IN WITNESS WHEREOF, SWDD and CONSULTANT have signed this Agreement in duplicate. One counterpart each has been delivered to SWDD and CONSULTANT. All portions of the Contract Documents have been signed or identified by SWDD and CONSULTANT or on their behalf. INDIAN RIVER COUNTY SWDD: By: Joseph H. Earman, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: William K. Debraal, County Attorney Ryan L. Butler, Clerk of Court and Co Attest: (SEAL) Designated R Himanshu ME 132574 1h Ave Vero Beach, F (772) 226.32: hmehta@ind Deputy Clerk 4 CONSULTANT: By: Mitch Kessler, President, Kessler Consulting, Inc. (CORPORATE SEAL) Attest Designated Representative: Mitch Kessler, President 14620 N. Nebraska Ave, Building D Tampa, FL 33613 (813) 971-8333 mk@kesconsult.com (If CONSULTANT is a corporation or a partnership, attach evidence of authority to sign.) 550 IS -6y SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 2, 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: Renewal with Tiger Inc for Sale and Purchase of Natural Gas Descriptions and Conditions: On February 21, 2023, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved a Base Contrast and an Addendum to the Base Contract (Agreement) with Tiger, Inc. to for sale and purchase of natural gas. Tiger, Inc. is a fixed -based cost third party marketer for the natural gas utilized by the Indian River Sustainability Center, LLC (IRSC) for the leachate evaporator project. The Agreement provided a Transaction Confirmation #1 with a fixed -based cost of $0.4572 per therm with a delivery period from March 1, 2023, through August 31, 2023. Staff recommends approval of the attached renewal of the Agreement via a Transaction Confirmation #2 to extend the fixed -based cost to $0.4991 per therm for the period starting September 1, 2023, through February 29, 2024. Analysis: Monthly consumption was expected to be 13,140 million British thermal units (MMBtu) per month, or 131,400 therms. However, actual monthly usage for two consecutive fully operational months has been approximately 76,000 therms. In the original Agreement, SWDD was purchasing 110,000 therms per month and then getting less than 50% credit for the unused therms. In the attached Transaction Confirmation #2, staff has reduced the purchase to 90,000 therms. This is a conservative estimate of usage above the average usage of 76,000 therms for the past two months. Once the 500,000 -gallon CROM tan< is in use, we expect that Heartland will process higher amounts of leachate per month resulting it the increase natural gas usage. At the new fixed -based cost of $0.4991 per therm, staff is estimating an approximate monthly cost of $45,000, o • $270,000 for the six-month term. Please note, this fixed -based cost will be adjusted to reflect the actual spot price on the day the Transaction Confirmation #2 is approved. Therefore, the contract date and the spirt price will be updated accordingly and what is attached is a sample. acd51f64-25be-45f6-b2e6-57d7221e5a52 Page 1 of 2 551 SWDD Item Funding: Funding of $270,000 is available within the Leachate Evaporator project budget from the SWDD/Landfill/-each ate Evaporator Expenses account, number 41121734-033493, which is funded from the SWDD assessments and user fees. Description Account Number Amount SWDD,/Landfill/ Leachate Evaporator Expenses 41121734-033493 $270,000 Recommendation: Staff recommends approval from the Solid Waste Disposal District Board to approve the Transaction Confirmation t2 with Tiger, Inc. for Sale and Purchase of Natural Gas, and authorize the Chairman to sign the necessary documents to effectuate the approval. Attachment (s): Transaction Confirmation #2 with Tiger, Inc. acd51f64-25be-45f6-b2e6-57d7221e5a52 Page 2 of 2 552 O �I� TRANSACTION CONFIRMATION FOR IMMEDIATE DELIVERY EXHIBIT A WhIMER Date: 7/21/2023 Inc. Transaction Confirmation #: 2 This Transaction Confirmation is subject to the Base Contract between Seller and Buyer dated 7/21/2023. The terms of this Transaction Confirmatior are binding unless disputed in writing within 2 Business Days of receipt unless otherwise specified in the Base Contract. SELLER: BUYER: TIGER, INC. Vero Beach Landfill P.O. BOX 702437 1325 74th Ave SW TULSA, OK 74170 Vero Beach, FL 32968 Attn: Rachel Strealy Attn: Himanshu Mehta Phone: 888-875-6122 Phone: (772) 226-3211 Fax: 918 491-6659 Fax: Transporter: Florida Cities Gas Transporter: Florida Cities Gas Contract Price: $0.4991 per therm plus pass through *Subject to Refresh Delivery Period: Begin: 9/1/2023 End: 2/29/2024 Delivery Point(s): Florida Cities Gas (If a pooling point is used, list a specific geographic and pipeline location): Special Conditions: Volume: Monthly volume nominations will be based on historical usage unless otherwise noted from Buyer to Seller. Jan Feb Rear Apr May Jun Jul Aug Sep Oct Nov Dec 90,000 90,000 00,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 Over/Under Pricing: Excess/Surplus Volumes will be priced at FGT Z3 Midpoint /FGT Z3 Midpoint +/- $ 0.01 per therm. Sellbacks cannot exceed the weighted average contract price charged in a delivery period. Operation Flow Orders: During periods of OFO's, Buyer may be required to limit usage to the average daily base load volume, additional gas may be bought/sold at market price. Renewal: Upon contract expiration and prior to a new contract being agreed to by both buyer and seller, the default rate shall be I.F.-FGT Zone 3 plus $ 0.02 per therm plus pass through. Cancelation: Either Party may cancel this "TC" with at least a 60 -day written notice prior to "Delivery Period End." Seller: TIGER, INC. Buyer: Vero Beach Landfill By: By. Title: EVP Title: Date: Date: EXHIBIT B Account Number Site I Meter Address I city I State Zip 1200473 Solid Waste Disposal District 1 1325 74th Ave SW I Vero Beach I FL 32968 SWDD Item INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: August 1, 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: Amendment No. 4 to Sitecrafters of Florida Descriptions and Conditions: On November 12, 2019, the Solid Waste Disposal District (SWDD) Board awarded Bid No. 2020004 to Sitecrafters of Florida, Inc. (Sitecrafters) to provide concrete crushing and site work at the Indian River County (IRC) landfill. The original agreement was approved by the Board on December 3, 2019, with an initial agreement for one (1) year from the date of award and five (5) additional one-year (1) terms at the same prices and conditions at the time of renewal, by mutual agreement. The agreement also includes a price adjustment provision in accordance with the annual change in Consumer Price Index (CPI). The initial award was focused on the improvement of the yard waste site, which included concrete crushing at a rate of $8.67 per ton and site work at a rate of $7.25 per ton. Subsequently, the SWDD Board approved Amendment No. 1 to Sitecrafters on March 3, 2020, and approved Amendment No. 2 to Sitecrafters on May 5, 2020, for additional work on the yard waste site. On November 9, 2021, the SWDD Board approved Amendment No. 3 to Sitecrafters for concrete crushing services through September 30, 2022, at a rate of $8.93 per ton, which represented Contract Year 3 of their Agreement. The landfill has continued to accumulate concrete material that needs to be crushed. Staff reached out to Sitecrafters, and they have confirmed their interest in providing this service for the remaining of this calendar year at a 6% increase over the amount within the last amendment and through calendar year 2024 at a maximum 3% CPI adjustment as allowed in the agreement. The purpose of this agenda item is for the SWDD Board to approve the attached Amendment No. 4 to Sitecrafters to provide concrete crushing services. Analysis: Staff and Sitecrafters has agreed to the attached Amendment No. 4 for the concrete crushing services for the remainder of Calendar Year 2023 and for Calendar Year 2024. The updated agreement includes a rate of $9.48 per ton for 2023 and $9.76 per ton for 2024. The 6% for the remainder of this calendar year factors in an interim rate of $9.20 per ton that would have been due for Fiscal Year 2023; however, 94785df4-2daa-4ba6-aa95-e73eeed37d37 Page �� SWDD Item funding was limited and not sufficient to mobilize the contractor per the minimum tons required per the Agreement. This Amendment No. 4 would cover the full term of the Agreement, and staff will go out to bid next year to obtain new prices for Calendar Year 2025. Given the costs to crush the concrete and to facilitate recycling of this material, staff is recommending via the separate public hearing for the rate resolution that the SWDD Board approve a new charge of $18 per ton for the purchase of this material by the public. This would provide an additional revenue stream for SWDD while covering our costs for on-going crushing. Funding: For Fiscal Year 2022/23, funding of $100,000 and for Fiscal Year 2023/2024, funding of $200,000, for concrete crushing is budgeted in the SWDD/Landfill/Other Professional Services account, number 41121734-033190, which is funded from SWDD assessments and user fees. Description Account Number Budget Year Amount SWDD/Landfill/Other Professional Services 41121734-033190 FY 2022/23 $100,000 SWDD/Landfill/Other Professional Services 41121734-033190 FY 2023/24 $200,000 Recommendation: Solid Waste Disposal District staff recommends that its Board approve Amendment No. 4 to Sitecrafters of Florida, Inc., and authorize the Chairman to sign the agreement after review and approval by the County Attorney as to form and legal sufficiency. Attachments: 1. Amendment No. 4 to Sitecrafters of Florida, Inc. 9478Sdf4-2daa-4ba6-aa9S-e73eeed37d37 Page W Amendment No. 4 to Concrete Crushing and Site Work Agreement THIS FOURTH AMENDMENT TO AGREEMENT (Agreement) is entered into as of the day of August, 2023 by and between Indian River County Solid Waste Disposal (SWDD) District, a dependent special district of Indian River County, Florida, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER or SWDD) and SiteCrafters of Florida, Inc. (hereinafter called CONTRACTOR). RECITALS WHEREAS, on November 12, 2019, SWDD and Contractor entered into that certain Agreement for Concrete Crushing and Site Work at the Indian River County (IRC) Landfill located at 1325 74th Avenue SW, Vero Beach, FL 32963; WHEREAS, the Agreement was subsequently amended by the First Amendment to the Agreement on March 3, 2020; and the Second Amendment to the Agreement dated May 5, 2020; and the Third Amendment to the Agreement dated November 9, 2021; and WHEREAS, the initial term of this agreement is effective for one (1) year from the date of award which was November 12, 2019 and the agreement may be extended for five (5) additional one (1) year terms at the same prices and conditions at the time of renewal, by mutual agreement; and WHEREAS, due to budgetary constraints as a result of COVID-19 pandemic, an agreement was not amended in Year 4; and WHEREAS, the parties desire to renew the agreement and apply a rate adjustment; WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set forth herein. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. The existing Article 3 —CONTRACT TIMES of the Agreement is modified to include the following: A. The Contractor shall provide Concrete Crushing services for Calendar Year 2023 and 2024 which constitutes Year 4 and Year 5 of the contract period. 3. The existing Article 4.01, A— CONTRACT PRICE of the Agreement is replaced with the following which includes a 3% rate adjustment as allowed in Article 4.02: Page 1 of 2 557 2023 Crushing of materials already on site * $9.48 per ton 2024 Crushing of materials already on site * $9.76 per ton * screening, sorting and segregating) based on belt scales and Crushing of new materials accepted while Contractor is on site (including spotting services. 4. Ratification. Except as specifically provided in this Fourth Amendment, all other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Fourth Amendment to be executed by their respective duly authorized officers as of the day and year first written above. OWNER: INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: William K. DeBraal, County Attorney CONTRACTOR: SITECRAFTERS OF FLORIDA, INC. By: (Contractor) Ryan Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Page 2 of 2 558