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HomeMy WebLinkAbout12/12/2023ER c\ ORIF -t COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 12, 2023 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov Susan Adams, District 1, Chairman John A. Titkanich, Jr., County Administrator Joseph Flescher, District 2, Vice Chairman William K. DeBraal, County Attorney Joseph H. Earman, District 3 Ryan L. Butler, Clerk of the Circuit Court and Comptroller Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Randy Fullerton, Glendale Baptist Church 3. PLEDGE OF ALLEGIANCE John A. Titkanich, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Proclamation Honoring Robin Miller on her Retirement from Indian River County Board of County Commissioners Attachments: Proclamation 5.B. Presentation of Water Quality & Potable Water Treatment Facility Evaluation to Indian River Board of County Commissioners, IRCDUS Project ID 12.23.540 Attachments: Staff Report 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION December 12, 2023 Pagel of 7 7.A. Administrator Approved Work Orders Attachments: Staff Report Administrator Approved Work Orders 7.B. Florida Public Service Commission Consummating Order No. PSC -2023 -0354 -PCO -EI, Petition for limited proceeding for recovery of incremental storm restoration costs related to Hurricanes Ian and Nicole, by Florida Power & Light Company, is on file for review in the Office of the Clerk to the Board 7.C. 2024 Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy Committee (TCRPC CEDS) District Appointment Member Listing Attachments: Staff Report Ltr. TCRPC re: CED Appointments 8. CONSENT AGENDA 8.A. Request for Approval of Golf Now, LLC Services Agreement Attachments: Staff Report GolflVow, LLC Contract Terms and Conditions 8.B. Miscellaneous Budget Amendment 01 Attachments: Staff Report 2023 2024 Resolution Exhibit "A" 8.C. Sole Source Designation Requests and Utilization Update Attachments: Staff Report BCC Sole Source List 8.D. Award of Annual Bid for Day Labor (Bid 2024022) Attachments: Staff Report Sample Agreement 8.E. Proposed Interlocal Agreement Fiscal Agent Services for the State Attorney's Victim Services Department Attachments: Staff Report Proposed Interlocal Agreement December 12, 2023 Page 2 of 7 8.F. Award of RFP 2023055 for Replacement of Playgrounds at Treasure Shores, Round Island Oceanside, and Golden Sands Beach Parks Attachments: Staff Report Selected Designs Price Proposals 8.G. Revision to Administrative Policy 908.1, Indian River County Disposal of Indigent Bodies (Burial and Cremation) Attachments: Staff Report Revised Administrative Policy 908.1 8.H. Renewal of Florida Power and Light (FP&L) Care to Share Agreement Attachments: Staff Report Agreement FP&L Care to Share 8.I. Resolution Cancelling Taxes - Purchased from Go Life Holding, LLC Attachments: Staff Report Resolution Warranty Deed Venetian Grove, 12th, 16th, 98th Venetian Grove - Warranty Deed, 8th St Payment Receipt from Tax Collector 8.J. Waiver of Requirement for Bids for Annual Physical Exams Attachments: Staff Report Life Scan Wellness 2024 Quote Attachment F Fee Schedule 8.K. Florida Division of Emergency Management Hazard Mitigation Agreement D1495 and Resolution for Dune Restoration within Beach Management Sector 4 Attachments: Staff Report Grant Form Authorizing Resolution Hazard Mitigation Grant Agreement 8.L. Florida Communities Trust Guaranty for Indian River Land Trust - 36 Acre Sebastian Greenway Parcel Attachments: Staff Report Management Guaranty Letter St. Sebastian Greenway Map December 12, 2023 Page 3 of 7 8.M. Updated Fee Schedule for the Indian River County Public Shooting Range Attachments: Staff Report FWC Contract Amendment 3 8.N. Information Technology Security Upgrades, IRC -2206, Final Payment, Release of Retainage and Change Order No. 1 Attachments: Staff Report Change Order No. 1 8.0. Kimley Horn Work Order 6 (RFQ 2023015) for Services Related to Gifford Elevated Storage Tank Rehabilitation and Structural Upgrade, IRCDUS Project ID 13.23.538 Attachments: Staff Report Kimley-Horn WO 6 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Sheriff Eric Flowers re: Arcades in Indian River County Attachments: Sheriff's Memo 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Amendment to Indian River Code Chapter 210 Tourist Development Tax Attachments: Staff Report Proposed Ordinance Amendment 10.A.2. 2023 Indian River County Amended Wind Speeds Maps Attachments: Staff Report Current — Exhibit 1 Wind Speeds Risk Categories 1-3 Map Current — Exhibit 2 Wind Speeds Risk Category 4 Map New — Exhibit 1 Wind Speeds Risk Categories 1-3 Map New — Exhibit 2 Wind Speeds Risk Category 4 Map Proposed Ordinance B. PUBLIC DISCUSSION ITEMS 10.11.1. Request to Speak from D. Remole re: Request for a Traffic Light at the Intersection of 58th Ave and 16th St. Attachments: Request to speak D.Remole 10.11.2. Request to Speak T.Kenny re: CSAC Attachments: Public Discussion Request T.Kenny C. PUBLIC NOTICE ITEMS December 12, 2023 Page 4 of 7 11. COUNTY ADMINISTRATOR MATTERS 11.A. American Rescue Plan Act of 2021 - Proposed Spending Plan Revisions Attachments: Staff Report ARP Proposed Spending Plan City of Fellsmere Broadband Agreement 12. DEPARTMENTAL MATTERS A. Community Services B. Emergency Services C. Human Resources D. Information Technology 12.D.1. TIME CERTAIN 10:30 am -- Executive Session E. Natural Resources F. Office of Management and Budget G. Parks, Recreation, and Conservation 12.G.1. Environmental Lands Acquisition Panel (ELAP) Recommendation for Finalization of Draft Environmental Lands Program (ELP) Guide Attachments: Staff Report Full ELPG with ELAP Revisions 12.05.23 H. Planning and Development Services I. Public Works J. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Charging Criminal Defendants Additional Fees Attachments: Staff Report 13.B. Approval of Opioid Settlement Proceeds Attachments: Staff Report Resolution Schedules A and B from MOU with AG December 12, 2023 Page 5 of 7 U.C. Authorization to proceed with foreclosures on Code enforcement case number 2017040073 (Ledford) Attachments: Staff Report Ledford Order Imposing Fine Ledford Deed 13.D. PFAS Class Action Settlement; In Re: Aqueous Film Forming Foams Product Liability Litigation Attachments: Staff Report 13.E. Developer's Agreement Between Mandala Village, LLC and Indian River County Attachments: Staff Report Aerial photo Comparison of Developer's Agreements Proposed Developer's Agreement 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Joseph H. Earman 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. Amendment Work Order No. 18 to Geosyntec for Segment 3, Cell 3 Site Preparations Attachments: Staff Report WO 18 Amendment 1 Budget Estimate Geosyntec Segment 3 Cell 3 Site Preparation Amendment 1 15.11.2. Work Order No. 7 to Kimley-Horn for the Solid Waste Disposal District Annual Financial Reports Attachments: Staff Report Work Order No. 7 - KHA December 12, 2023 Page 6 of 7 15.B.3. Authorization to provide LFG Easements on the Landfill Property Attachments: Staff Report 50 -Foot Wide Temporary Easement 20 -Foot Wide Sub -Lateral C-5 Canal Easement 20 -Foot Wide Sub -Lateral LFG Easement Environmental Assessment C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.indianriver.gov 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. December 12, 2023 Page 7 of 7 Proclamation HONORING ROBIN MILLER ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS RENTAL ASSISTANCE -Whereas, Robin Miller retired from the Indian River County Community Development (now Planning and Development Services), Rental Assistance Division effective September 29, 2023; and -Whereas, Robin Miller began her career with Indian River County in the General Services Department on August 14, 2008, as the Rental Assistance Program Manager. In her first six months with the County, Robin was able to advance the Rental Assistance Program from "Standard" to "High Performer", the US Department of Housing and Urban Development's (HUD) highest designation; and -Whereas, Robin Miller has worked tirelessly to keep the County's Rental Assistance Program designated as a High Performer throughout her tenure, and has dedicated herself professionally and personally to helping people in need at a level that is rarely seen among public servants; and Whereas, Robin Miller's fifteen years of dedication and operational knowledge of the Rental Assistance Division will be greatly missed! Robin has ensured her legacy will continue as she is leaving the division in capable hands! Wow, wherefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that the Board applauds Robin Miller's hard work which has directly benefitted thousands of residents through the years to be able to have safe housing through the Rental Assistance Program, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County for the last fifteen years. Be It ,further Proclaimed that the Board of County Commissioners and staff extend heartfelt wishes for Robin to enjoy her success and to have a restful retirement! Adopted this 12th day of December, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Presentation Indian River County, Florida Department of Utility Services Board Memorandum Date: November 22, 2023 To: 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: Presentation of Water Quality & Potable Water Treatment Facility Evaluation to Indian River Board of County Commissioners IRCDUS Prosect ID 12.23.540 Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) operates two (2) water treatment plants (WTP) that provide potable water service to its customers. The two WTPs have a combined capacity of 25.7 million gallons per day (MGD) and an average daily flow of approximately 12 MGD. The plants obtain raw water from the upper Floridan aquifer and treat it to meet federal and state drinking water standards. IRCDUS previously contracted with Kimley-Horn and Associates (KHA) to perform a water quality analysis, which was completed in September 2021. Data from the report is often referred to when addressing customers' complaints related to the deterioration of plumbing pipes at their residences. Although the information was helpful when addressing such concerns, the department continued to receive complaints surrounding the quality of the system's water and thus, sought to have a second water quality study performed to ensure the system was performing well and able to meet regulatory requirements. On September 20, 2022, the Board of County Commissioners (BCC) approved Work Order (WO) 9 (RFQ 2018008, which expired on April 16, 2023) to Tetra Tech, Inc. (Tetra Tech) to perform a Water Quality Study and Potable Water Treatment Facility Evaluation. The purpose of the study was to evaluate the finished water quality as it leaves the treatment facilities and the water quality within the distribution system, and how it may affect the metallic components of the customers' plumbing systems. In addition, the study included an evaluation of the operation of the existing treatment facilities in terms of efficiency and operation in accordance with industry standards and applicable regulations. Analysis: Tetra Tech completed its final report in September 2023. In the report, Tetra Tech made recommendations for modifications to the operations, or water treatment processes, to improve efficiency, finished water quality, or reduce corrosivity. IRCDUS desires to have Tetra Tech present the report and findings to the BCC on December 12, 2023. As such, WO 2 per Continuing Contract Agreement (RFQ 2023015), dated May 2, 2023, was approved by the County Administrator in November for a follow-on task to the original WO 9, to prepare and assist IRCDUS with the presentation. 2 Presentation Funding: As this is a presentation only, there is no additional funding being requested. Recommendation: Staff recommends that the Board of County Commissioners approve Tetra Tech, Inc. to present Water Quality & Potable Water Treatment Facility Evaluation to Indian River Board of County Commissioners. 3 12/12/24 Item 5.13. ..110 7F�iA YfeCH Introduction • Customer concerns of water quality due to residential plumbing failures Primarily pinhole leaks in copper piping • Second opinion on past water quality audits Previous Conclusions: - IRCDUS maintains regulatory compliance, including lead and copper - Many factors, including but not limited to water quality, can initiate corrosion - Nearby municipalities (Ex. Treasure Coast, Southeast Florida) had also been experiencing similar corrosion -related customer complaints • A review of the treatment process and water quality was performed by Tetra Tech, Inc. -> Final report completed September 2023 . \, , • James Christopher, P.E. will be presenting their findings 3- 1 12/12/24 Item 5.13. TMA 'MCH Evaluation Performed • Reviewed existing process and water quality goals • Literature reviewed to identify.common trends related to copper corrosion • Organized lead and copper tap sampling data by dates and location to determine any temporal or spatial patterns • Calculated industry corrosion control indices • Utilized the Optimal Corrosion Control Treatment Evaluation Technical Recommendations for Primacy Agencies and Public Water Systems set forth byr the EPA to compare to existing corrosion practices j 2 12/12/24 Item 5.13. ..... . . . TETRA TECH Existing Treatment Process • General process flow includes pretreatment, membrane treatment (nanofiltration), and post-treatment chemical addition for corrosion control and disinfection • Current corrosion control: Cal—Flo system consisting of CO2 and lime followed by mixing • Hobart WTP also utilizes caustic for pH adjustment r' c . 9 p Groundwater • ' �� Feed Pumps NF System Eng . ■ i ■ ■ ■ __ A Posttreatment 0 To Distribution System 3-3 Water Quality Goals • Table includes finished water quality goals and pH goals throughout treatment process • Same for both Hobart and Oslo WTPs • pH, alkalinity, and hardness were the focus of evaluation 12/12/24 Item 5.13. TETRA TECH Conductivity (pS/c a: s — 400 l5E1 Clz (mg L) ".w s ,= o 1.7. 2A Fluoride (m ���> .:` 0.6: :'0:7 8.53 a.fi x, 75 . 131i Alkalinity (mg L as CaCO r".a- 55 70 Chlo " h x xi s 80:: — $00 . . . Fee a erp ` .'� : &5 Blend pH prior to DegaslflcaUq, 5.35 5 5 Finished Water pH ^' w y 8.1 8.3 - 8.39 .,°` k�:' 462 - ,1.97 33.1 ••v�"+., 260 0.34 2.32 830 Schumann Dr * 8.40 ,y 469 , „ :, 1.87 %,' Distribution Water Quality Sampling • Water sampling occurs approx. every 1-3 months from 6 locations throughout distribution system with various water ages • Table shows 2022 average sampling results • Values are consistent across the distribution system and vary by less than 5% • Variations in water quality in the distribution system from multiple sources can lead to corrosion --> water quality results do not show this K. , 8.55 gs - 468 :1.70 F; : 34.3 r, :g a''` °. 264 _ 0.57 4.24 131817 US-HWVA ,E=- 8.53 €� :� 473 .� :1.43 "' 94.6 -� `.;.,,:-w 275 0.52 3.87 5110 Indian River :: SA5 .'� : 482, .. 1.89 9,9.6 ; � '�.: 286 0.40 2.47 5920 Old Dixie Hwy ":° 8.39 .,°` k�:' 462 - ,1.97 33.1 ••v�"+., 260 0.34 2.32 830 Schumann Dr * 8.40 ,y 469 , „ :, 1.87 %,' 34.8 ;,,. 5'.i,'c" 262 0.33 2.41 14499USHWYI .+4.i? 8.34 ,7 470 ,,;1.60 34.4 2.04 Notes 'Calculated by Tetra Tech using the Tetra Tech (RTW) Model for Water Chemistry, Process and Corrosion Control, Version 2.0. - 12/12/24 Item 5.13. Lead and Copper Tap Sampling Results • EPA's Lead and Copper Rule (LCR) requires monitoring of lead and copper to assure concentrations are below respective action levels • IRCDUS has remained compliant with the LCR through routine monitoring of customer taps located throughout the distribution system • Sample sizes range from 50-62 different locations F Ar rr 11 P, 1d r" j �#A"rECH Lead Tap Sampling Results U • Action level of 0.015 mg/L • 90t'' percentile results are consistently as i below action level � X � 0;001 �' .... •� r ♦prfpiyhi Average Maximum 50th Percentile 75th Percentil 0.002 ;;,, 0.014 0.001 ... 90th Percentile Action Level � � 0.002 SampleSize 50 0.00088 , _0.004300.00050 0.00181 50 0.00055 Q 0.00050 0.00052 50 Y 0.00844 s „ 0.00050 0.00152 50 0.00067 0.00050 ,:., . 0.00112 50 0.00124 0.00570 %i 0.00064 0.00293. nom: 's 0.003 0.00690 ,;. ` 0.00022 0.00150: 152 . 12/12/24 Item 5.13. Aug -11:: `F` 0.008 0.15iF � � .: 0.002. 'i, 0.007. 0.017 TETRA TECH 1.3. Copper Tap Sampling Results m OL19 %. ,.. .a, 0.012 ;.. --0.038 COPPW 50 ---- 0.022 0.015 • Action level of 1.3 mg/L ' 50 . • Results show that the copper concentrations►"*'• 0:081 0.054 measured in 2014 and 2015 were lower than those +s, ... fl wri . 0.069 in more recent years° 0.047 0.151'x. r..; . .. • The most recent, August 2022, value of the 90tH M ...>`.: 0.0871 :. 0.075 i 'Y percentile copper tap sample concentration was RA R► iiw+.rui - 52 0.13 mg/L which is only 10% of the action level 0.056 0.037 0130 J� 62 Aug -11:: `F` 0.008 0.15iF � � .: 0.002. 'i, 0.007. 0.017 1.3. 50 m OL19 %. ,.. .a, 0.012 ;.. --0.038 50 ---- 0.022 0.015 0.051: : ' 50 . 0:081 0.054 0.202 :n .K b0 0.069 _. 0.047 0.151'x. r..; . .. 50 M ...>`.: 0.0871 :. 0.075 i 'Y 0.178,:^ = 52 0.056 0.037 0130 62 Copper Tap Sampling Results • Map shows the locations of the copper tap sampling by year with results greater than the 90th percentile • All values were less than 30% of the regulatory action level (1.3 mg/L) • From a regulatory perspective, the system is within compliance and action to further optimize corrosion control treatment is not required • 90th percentile concentrations were randomly distributed and did not indicate a localized water quality issue i Calculated Corrosion Indices • Indices are used to provide insight on calcium carbonate stability of a particular water • Calcium carbonate precipitate can be useful for preventing general corrosion • Indices do not relate specifically to copper corrosion rates • Results indicate that the water is considered slightly corrosive towards iron and calcium carbonate by industry standards • However, calcium carbonate precipitation is not considered an effective form of lead and copper corrosion control 12/12/24 Item 5.B. OTETRA TECH Notes. 'Calculated usingthe RTW Model. 2Varies for each individual water treatment system. ,Calculated using water quality from IRCDUS 2020 Triennials Report. f Preventing Copper Corrosion • Copper is a widely used plumbing material for drinking water lines Copper passivation 4 pipe and water react directly to form corrosion byproduct which forms a layer This layer acts as a protective film • Scaling is another method to achieve a protective film in piping Chemical precipitation causes deposition of material onto surface Scales can be made of varying compounds 4 most commonly, calcium carbonate • Corrosion typically occurs when these layers are disrupted, and piping is t 3 12/12/24 Item 5.13. OTETRA TECH Common Causes of Copper Corrosion • Pinhole leaks are caused by localized corrosion referred to as copper pitting 1St step: Pit initiation 2nd step: Pit propagation • The pit propagation process can eventually lead to perforation of pipe wall and a leak • Propagation can occur rapidly or take many Years difficult to pinpoint exact �.- cause of pit initiation • Once pit initiation has occurred, it is difficult to mitigate the propagation pr+G1' tlt�It�yru+ Common Causes of Copper Corrosion • Common cause of corrosion include: • Improper installation • Excessive use of flux • Improper electrical Velocity of piping • Use of aggressive grounding Water age • Manufacturing fluxes • Lightning strikes Water stagnation defects • Chemical drain • Microbial growth Flow reversals • Home treatment cleaners Pressure transients systems • Other aggressive chemicals • Water quality can also contribute to corrosion or exacerbate these factorsy N 3� g 12/12/24 Item 5.13. TET" UCH Copper Corrosion - Water Quality Related • Cold water pitting due to cold and aggressive water Water will typically have a lower pH, and contain appreciable levels of dissolved oxygen and dissolved carbon dioxide May also contain sulfide • Concentration cell corrosion Typically formed in cracks and crevices, or Due to deposits of foreign material (ex. silica or sand from over pumping of a well) • Erosion based corrosion Commonly seen with high temperatures, naturally soft water quality, and appreciable levels of IN, dissolved oxygen and/or dissolved carbon dioxide " -- Exacerbated by presence of factors such as suspended solids, poor plumbing workmanship, and turbulent waters • Pittinghot waters can also be induced b presence of iron manganese, and ' in Y p g / aluminum Common Causes of Copper Corrosion - Literature Review • Reviewed research relating to pitting of copper pipes indicates water quality plays a role but that other factors may be important • Research does not provide a clear, consistent set of water quality parameters that will always prevent or promote pitting • Roles of pH and sulfate are often contradictory • Some consensus on levels of free carbon dioxide and sulfides and copper pitting • Carbon dioxide and sulfides are unlikely contributors to corrosion within, IRCDUS, . service area Current treatment system includes degasification 4 removes hydrogen sulfide . Conc. of carbon dioxide in water quality is low S 12/12/24 Item 5.13. N -11 -1 -- Conclusions TETRATECH Conclusions • IRCDUS remains compliant with all applicable regulatory standards and consistent with industry practices for corrosion control • Recommendation made to further optimize WTP performance focusing on customer concerns • Recommendations apply solely to water quality and do not account for other . potential contributing factors of corrosion Recommendations • Lower target calcium hardness to 50-60 mg/L as CaCO3 from the 2022 distribution concentrations of 78 to 93 mg/L. Goals: Reduce turbidity • Reduce quantity of carbon dioxide Reduce chemical cost and still provide positive LSI • Increase pH to 8.8-9.0 from current range of 8.1-8.3 per recommendation from EPA guidance document Goals: Lower turbidity Require less chemicals to maintain an acceptable LSI at higher pH target • Increase target feed pH to degasifiers to pH of 5.7 from current target range (5.3-5.5) Goals: k • Decrease alkalinity destruction in blend water and reduce sulfates in finished waters r` • Small reduction in sulfuric acid required 91� 12/12/24 Item 5.13. TETRA TECH Recommendations (continued) • Investigate of phosphate corrosion inhibitor with a high orthophosphate concentration or a zinc polyphosphate product to reduce formation of white precipitate that was previously experienced by IRCDUS • Any changes to treatment process done one by one, in small increments and phased over time to avoid significant adverse impacts on corrosion rates • Set up a pipe test rig to test effectiveness of recommendations versus current practices prior to or concurrently with implementation of any recommendations • Steps for Implementation were provided. , 3-11 7A INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 27, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Administrator Approved Work Orders BACKGROUND: The Board has approved Continuing Consulting agreements with various firms under the Consultant's Competitive Negotiations Act (CCNA) to provide professional consulting services for Engineering, Architectural, Geotechnical, Environmental and Biological services. Section 105 of the Code of Indian River County authorizes the Administrator to approve work orders for CCNA agreements up to $35,000, and it is the Administrator's desire for the Board to be notified of those approvals. The related work orders are reviewed and approved by the Department Head, Purchasing, and the Attorney's Office, prior to execution by the County Administrator. Copies of these approved Work Orders are available for review in the Purchasing Division. As of November 11, 2023, the Administrator has authorized a total of 5 Work Orders with a combined total Of $144,382.09• RECOMMENDATION: There is no action required by the Board as this is being presented for informational purposes only. !! N N . �-I .i O QI 0 >O Ul O a a Q 0 �_ C Q n �ll.E lD k0t ao "lam FILI=D 1112712023 DOCUMENT NO, 06167-2023: FPSC'- COMMISSION CLERK D�/ti1bbi2 /Aj WA3 f ir',, BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION i In re: Petition for limited proceeding for DOCKET NO. 20230017 -EI recovery of incremental storm restoration costs ORDER NO. PSC -2023 -0354 -PCO -EI related to Hurricanes Ian and Nicole, by ISSUED: November 27, 2023 Florida Power & Light Company. I The following Commissioners participated in the disposition of this matter: ANDREW GUM FAY, Chairman ART GRAHAM GARY F. CLARE MIKE LA ROSA GABRIELLA PASSIDOMO ORDER GRANTING SUPPLEMENTAL PETITION TO MODIFY INTERIM STORM SURCHARGE BY THE COMMISSION: By Order issued March 23, 2023, we approved Florida Power & Vight Company's (FPL or Company) petition for a limited proceeding seeking authority to implement an interim storm restoration recovery charge to recover $1.3 billion for the incremental restoration. costs related to Hurricanes Ian and Nicole and to replenish the storm reserve.' This amount included $18.8 million in interest. We also approved the alternate storm charge calculation FPL proposed in. its petition, which combined the recovery of incremental storm costs associated with Hurricanes Ian and Nicole with the remaining amounts to be collected for Hur3ricaues Michael, Sally, and Zeta., which we have previously approved for Gulf Power Company.2 This alternate calculation estimated a total of $1.5 billion for incremental restoration costs related to Hurricanes Michael, Sally, 'Zeta, Ian, and Nicole, to replenish time storm reserve, and included $21.6 million in 'Order No. PSC 202301 I U -PCO n issued March 23, 2023, in Docket No. 20230017-M, In re., PetWon far limited proceeding for recovery of incremental storm restoration costs dated to Hurricanes.Ian and Nicole by Florida Power & Light Company. bier No.. PSC -2019 -0221 -PCO -El, issued June 3, 2019, in Docket No. 20190038-Ei, In re: Petition for limited proceeding for recovery of incremental storm restoration costs related to Hurricane Afichael, by Gulf .Power Company; and Order No. PSC -2022-0406 F0FAU, issued November 21, 2022, in Docket No. 20200041 -EI, In re: .Petition for lunited proceeding for recovery of incremental storm restoration costs related to Hurricane Sally, by GulfFower Company. s-) ORDER NO. PSC -2023 -0354 -PCO -EI DOCKET NO. 20230017 -EI PAGE 2 interest. FPL filed its petition pursuant to the provisions of the 2021 Settlement Agreement (2021 Settlement) we approved in Order No. PSC -2021 -0446 -S -EI.' On September 5, 2023, FPL filed a supplemental petition to reduce the interim storm surcharge based on its internal review and finalization of the invoices and storm costs associated with Hurricanes Ian and Nicole. As a result of this internal process, the estimated incremental storm restoration cost related to the two storms decreased from the original estimate of $1.3 billion to $1.1 billion. Thus, the total estimate reflected in the alternative storm charge calculation decreased from $1.5 billion to $1.3 billion. FPL has proposed amended reduced interim storm restoration charges applicable to all rate classes, effective with the first billing cycle of January 2024 and continuing through March 2024, subject to a final true -up. We have jurisdiction over this matter pursuant to Sections 366.04, 366.05, 366.06, and 366.076, Florida Statutes. Decision FPL filed a supplemental petition to reduce the interim storm surcharge based on its internal review and finalization of the invoices and storm costs associated with Hurricanes Ian and Nicole. As a result of this internal process, the estimated incremental storm restoration cost related to the two storms decreased from the original estimate of $1.3 billion to $1.1 billion. Thus, the estimate of total costs reflected in the alternative storm charge calculation decreased from $1.5 billion to $1.3 billion. Included in that total is FPL's request to replenish the storm reserve to the pre -storm level of $219.9 million. The initial interim petition was filed pursuant to the provisions of the 2021 Settlement we approved in Order No. PSC -2021 -0446 -S -EI. Storm restoration costs for Ian and Nicole were incurred during the term of the 2021 Settlement. Based on the updated estimates for the two storms, the current interim storm surcharge would result in an over -recovery of approximately $200 million if allowed to remain effective through March 2024. The approval of an interim storm restoration recovery charge is preliminary in nature and is subject to refund pending further review once the total actual storm restoration costs are known. After the actual costs are reviewed for prudence and reasonableness, and are compared to the actual amount recovered through the interim storm restoration recovery charge, a determination will be made whether any over/under recovery has occurred. The disposition of any over/under recovery, and associated interest, will be considered by us at a later date. However, we find it appropriate to amend the interim storm surcharge to reflect the known and measurable changes identified by the Company in advance of the final disposition. Based on a review of the information provided by FPL in its supplemental petition, we authorize the Company to implement an amended interim storm restoration recovery charge 'Order No. PSC -2021 -0446 -S -EI, issued December 2, 2021, in Docket No. 20210015 -EI, In re: Petition for rate increase by Florida Power & Light Company. 61Z ORDER NO. PSC -2023 -0354 -PCO -EI DOCKET NO. 20230017 -EI PAGE 3 subject to refund. Not later than December 31, 2023, FPL shall file documentation of the storm costs for Commission review and true -up of any excess or shortfall.' FPL has proposed to decrease the currently effective interim storm restoration recovery surcharges based on the Company's internal review of storm costs, as discussed immediately above. In paragraph 10 of the petition, FPL states that the updated surcharges are allocated to the rate classes consistent with the rate design approved in FPL's most recent rate cases We have reviewed the allocation to rate classes and find that the allocations provided in Appendix D to the petition are consistent with those approved in FPL's most recent rate case. Furthermore, we have reviewed the derivation of the surcharges provided in Appendix D to the petition, and find that the surcharges have been calculated correctly, using projected kilowatt hour (kWh) sales for January through March 2024. The proposed interim storm restoration recovery factors shall remain in effect until we approve a final true -up. The proposed interim storm restoration surcharges are shown on First Revised Tariff Sheet No. 8.030.7, provided in Appendix F to the petition. For residential customers the proposed surcharge will be 0.665 cents per kWh, which equates to a total surcharge of $6.65 for a 1,000 kWh monthly bill. The current surcharge is 1.53 cents per kWh, which equates to a total surcharge of $15.30 for a 1,000 kWh monthly bill. The storm cost recovery surcharge shall be included in the non -fuel energy charge on customer bills. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that the Supplemental Petition to Modify the Interim Storm Surcharge Related to Hurricanes Ian and Nicole filed by Florida Power & Light Company is approved. It is further ORDERED that FPL's revised interim storm restoration recovery surcharges and associated tariff, as shown in Attachment A to this Order, are approved and shall become effective the first billing cycle of January 2024. It is further ORDERED that the revised interim storm restoration recovery factors shall remain in effect until we approve a final true -up. It is further ORDERED that this docket shall remain open pending final reconciliation of actual recoverable storm costs with the amount collected pursuant to the modified consolidated interim storm restoration recovery charge, and the calculation of a refund or additional charge if warranted. 4See Order No. PSC -2023 -0298 -PAA -EI, issued October 2, 2023, in Docket No. 20230017 -EI, In re: Petition for limited proceeding for recovery of incremental storm restoration costs related to Hurricanes Ian and Nicole, by Florida Power & Light Company. 'Order No. PSC -2021 -0446 -S -EI. 5.3 8 91 " t ® i a-�s a: 3e - m, ® e, a 4TM770 r Wwowwvo harm, hwodo" ow, bo act ino 00 w" � o� If t po"OPO4 5 -� `Mm AtAorAlqn R:ecovay Su diffimp is rutted to F%uncanes Michael,, Sall. Zetas Jita it, FPL's various ra twhedulcib 55 December 12, 2023 INFORMATIONAL ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 5, 2023 SUBJECT: 2024 Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy Committee (TCRPC CEDS) District Appointment Member Listing FROM: Kimberly K. Moirano, Commissioner Assistant The Indian River County Board of County Commissioners have determined the District appointed members to the TCRPC Comprehensive Economic Development Strategy (CEDS). The attached letter from the Chairman was sent to the Treasure Coast Regional Planning Council (TCRPC) to notify the TCRPC of the District appointments. Attachment Susan Adams Chairman District 1 Joseph E. Flescher Vice -Chairman District 2 December 5, 2023 Stephanie Heidt, AICP Economic Development and Intergovernmental Programs Director Treasure Coast Regional Planning Council 421 SW Camden Avenue Stuart, FL 34994 Joseph Earman District 3 Deryl Loar District 4 Laura Moss District 4 Re: Appointment of Comprehensive Economic Development Strategy Committee Members Dear Ms. Heidt: The Commissioner assignments for Indian River County for the Comprehensive Economic Development Strategy (CEDS) Committee for Indian River County are as follows: District 1 — Mark Mathes, Alternate Robert Loring District 2 — Vacant District 3 — Helene Caseltine District 4 — Anna Kirkland, Alternate Jeff Stassi District 5 — Lee -Anna Otis This appointment will be for a one-year term commencing January 2024 continuing through December 2024. Please contact me at 772-226-1442 should you have any questions. Sincerely, Susan Adams Chairman 1801 27h Street, Building A Vero Beach, FL 32960 (772) 226-1490 CONSENT AGENDA Q INDIAN RIVER COUNTY, FLORIDA A AGENDA ITEM Deputy County Administrator / Department of Sandridge Golf Club Date: October 17, 2023 To: The Honorable Board of County Commissioners Thru: John Titkanich, County Administrator From: Michael C. Zito, Deputy County Administrator Subject: Request for Approval of Golf Now, LLC Services Agreement DESCRIPTIONS AND CONDITIONS: Since 2016, Sandridge Golf Club has currently operated on the Golf Now EZ Links Point of Sale and Tee Time System used in making all of the tee time reservations, keeping track of inventory and ringing in all cash and credit card transactions. Also included is a twenty -four-hour, reservation call center where a live person answers phone calls and is able to provide information and make tee times when Sandridge is closed or not able to answer a phone call. In lieu of cash payment, two tee times per day, per course are made available to EZ Links to sell to their secondary discount market. EZ Links has since been acquired by Golf Now, LLC, and Sandridge Golf Club desires to continue the same quality service under a new agreement. The current agreement with EZ Links ("GolfNow") is due to expire in December of 2023. ANALYSIS: Currently, Sandridge Golf Club pays $0.00 per month for the above services from Golf Now, LLC as the golf course provides up to two tee times per day, per course as compensation. If Sandridge were to pay out-of-pocket, the actual cost per year based on the 24 hour reservation center, Point of Sale System, Online Store and Tee Time reservation system is estimated at $60,000.00, and this does not include their hardware investment of over $10,000.00 for a new Point of Sale system in the Pro Shop and Snack Bar. The total cost associated with the new agreement with Golf Now, LLC including all of the hardware, software, marketing, web page, mobile app, 24-hour reservation call center, and an online store is $0.00 out of pocket. In lieu of a cash outlay, Sandridge would trade Golf Now, LLC the option to sell 2 tee times per day, per course to their secondary discount market. M2023,61% of these trade tee times were utilized by Golf Now, LLC. At a 61% utilization rate, Sandridge would be trading approximately $26,500 of revenue using an average of $30.00 per round. The current Golf Now EZ Links agreement will expire in December or upon execution of the new the agreement with Golf Now. The proposed agreement will be for three years and includes their own credit card processing. Currently, the golf course uses a third -party vendor, ETS, for credit card processing. Beginning in January 2024, ETS will no longer support Golf Now EZ Links. Golf Now, LLC will provide new credit card processing equipment at no charge along with new computer hardware for the point of sale systems in the Pro Shop and Snack Bar. C:\Users\ufc-prod\AppData\L.ocal\Temp\BCL Technologies\easyPDF 8\@BCL@1818F25C\@BCL@1818F25C.doc 8 Under the proposed Agreement, Golf Now, LLC will include the credit card processing, Golf Now EZ Engage Marketing platform, and all software and hardware upgrades to the current Point of Sale System at no additional cost. FUNDING: Under the proposed Agreement, two tee times per course, per day will continue to be traded to Golf Now, LLC with no additional cost for the new Golf Now, LLC platform including Point of Sale system for both the Pro Shop and Snack Bar, 24-hour Reservation Center, Tee Time System, Online Store, Online Marketing and Credit Card Processing. RECOMMENDATION: Staff respectfully recommends approval of the GolfNow Agreement and requests that the Board authorize its Chairman to sign agreement. ATTACHMENT(s): GolfNow, LLC Contract GolfNow Terms & Conditions C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@1818F25C\@BCL@1818F25C.doc 9 DocuSign Envelope ID: 4E6FF649-BFB3-4841-85BA-5CF1527B476F �►� SPORTS NE .T ORDER FORM SO -39727 This Order Form, subject the terms and conditions of the Agreement (as defined below), is entered into between GolfNow, LLC ("GolfNow") and Sand Ridge Golf Club ("Client") (individually, a "Party" and collectively, the "Parties"), effective as of the Effective Date set forth below, and shall govern GolfNow's provision of software, marketing, and/or technology services for Client's golf courses listed below. GolfNow: 7580 Golf Channel Drive Client (Legal Entity Name): Sand Ridge Golf Club Client's Mailing Address: 5300 73rd Street Orlando, FL 32819 Client's Contact Phone: (772) 770-5000 x5 Email: nicholas.hall@nbcuni.com Vero Beach, FL 32967 bnagy@ircgov.com Dunes Course United States Sandridge Golf Club - Client's Golf Course List: Sandridge Golf Club - Dunes Course Call Center EZ24Pro Sandridge Golf Club - Lakes Course Prepared By: Nicholas Hall Client's Contact Name: Bela Nagy Phone: (407) 473-1074 Client's Contact Phone: (772) 770-5000 x5 Email: nicholas.hall@nbcuni.com Client's Email: bnagy@ircgov.com TERM AND RENEWALS: The Initial Term of this Agreement shall be effective as of the last date of the last signature written below (the "Effective Date") and shall expire Three (3) Years thereafter and shall be non -cancellable, except as provided herein. UPON EXPIRATION OF THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE (1) YEAR TERMS UNLESS OTHERWISE TERMINATED BY EITHER PARTY IN WRITING AT LEAST THIRTY (30) DAYS PRIOR TO ANY RENEWAL TERM. PRODUCT(S) & SERVICE(S) Golf Course Product Sandridge Golf Club - Dunes Course Golf365 TeeOff Sandridge Golf Club - Dunes Course Golf365 GolfNow Sandridge Golf Club - Dunes Course Golf365 Premier Tee Sheet (Cloud based) Sandridge Golf Club - Dunes Course Golf365 Premier Point of Sale Sandridge Golf Club - Dunes Course Call Center EZ24Pro Sandridge Golf Club - Dunes Course PMP PMP Sandridge Golf Club - Dunes Course Booking Engine EZBOOK PRO Sandridge Golf Club - Dunes Course Payments Golf365 Premier Tee Sheet (Cloud based) Sandridge Golf Club - Dunes Course Payments Golf365 Premier Point of Sale Sandridge Golf Club - Dunes Course Website GN Standard Sandridge Golf Club - Dunes Course EZEngage Online Store Sandridge Golf Club - Lakes Course Golf365 TeeOff Sandridge Golf Club - Lakes Course Golf365 GolfNow Sandridge Golf Club - Lakes Course Golf365 Premier Tee Sheet (Cloud based) Sandridge Golf Club - Lakes Course Golf365 Premier Point of Sale Sandridge Golf Club - Lakes Course Call Center EZ24Pro Sandridge Golf Club - Lakes Course PMP PMP Sandridge Golf Club - Lakes Course Booking Engine EZBOOK PRO Sandridge Golf Club - Lakes Course Payments Golf365 Premier Point of Sale Sandridge Golf Club - Lakes Course Payments Golf365 Premier Tee Sheet (Cloud based) 10 DocuSign Envelope ID: 4E6FF649-BFB3-4841-85BA-5CF1527B476F I+IlAO SPORTS NE :T HARDWARE ORDER FORM SO -39727 Golf Course Hardware Package Quantity Sandridge Golf Club - Dunes HWP-1056: Premier - Server Package 1 Course AM 18 Holes Sandridge Golf Club - Dunes HWP-1057: Premier - Retail Register Package 2 Course Payment Number: PD2-59883 Sandridge Golf Club - Dunes HWP-1182: Premier - F&B Register Package 1 Course Trade Time will have a Bookable Window beginning at 9:59 Trade Load Time: 11:06 AM Sandridge Golf Club - Dunes HWP-1144: Premier - Payments Wired MX915 Package 2 Course Bookable for 1 to 4 Players See Exhibit A for Items included in each Hardware Package TOTAL PAYMENT(5) Trade Payment Terms Payment Number: PD2-59881 Days In Advance to Load: 8 Sandridge Golf Club - Dunes Course Trade Provided: All Days Trade Time will have a Bookable Window beginning at 9:59 Trade Load Time: 10:12 AM AM 18 Holes Cart Included Bookable for 1 to 4 Players Payment Number: PD2-59883 Days In Advance to Load: 8 Sandridge Golf Club - Dunes Course Trade Provided: All Days Trade Time will have a Bookable Window beginning at 9:59 Trade Load Time: 11:06 AM AM 18 Holes Cart Included Bookable for 1 to 4 Players Payment Number: PD2-59880 Days In Advance to Load: 8 Sandridge Golf Club - Lakes Course Trade Provided: All Days Trade Time will have a Bookable Window beginning at 9:59 Trade Load Time: 10:30 AM AM 18 Holes Cart Included Bookable for 1 to 4 Players Payment Number: PD2-59882 Days In Advance to Load: 8 Sandridge Golf Club - Lakes Course Trade Provided: All Days Trade Time will have a Bookable Window beginning at 9:59 Trade Load Time: 11:33 AM AM 18 Holes Cart Included Bookable for 1 to 4 Players 11 DocuSign Envelope ID: 4E6FF649-BFB3-4841-85BA-5CF1527B476F mA SPORTS NENXT Trade Floor & Utilization Guarantee ORDER FORM SO -39727 Golf Course Days of Week Floor Utilization Guarantee Chargeback Fee Sandridge Golf Club - Lakes Course 30% off posted course rates on 2.90 %+ 0.30 per Sandridge Golf Club - Lakes Course All Days 75.0% transaction transaction GolfNow Sandridge Golf Club - Dunes Course Merchant Processing Fees for GolfNow Payments Golf Course Card Present Rate Card Not Present Rate ACH Rate Chargeback Fee Sandridge Golf Club - Lakes Course 2.60 % + 0.00 per 2.90 %+ 0.30 per $1.00 per $10.00 per transaction transaction transaction representment Sandridge Golf Club - Dunes Course 2.60 % + 0.00 per 2.90 % + 0.30 per $1.00 per $10.00 per transaction transaction transaction representment Sandridge Golf Club - Lakes Course 2.60 % + 0.00 per 2.90 % + 0.30 per $1.00 per $10.00 per transaction transaction transaction representment Sandridge Golf Club - Dunes Course 2.60 % + 0.00 per 2.90 % + 0.30 per $1.00 per $10.00 per transaction transaction transaction representment 12 DocuSign Envelope ID: 4E6FF649-BFB3-4841-85BA-5CF1527B476F -01ka. SPORTS NEXT ORDER FORM SO -39727 This Order Form is subject to all the Standard Terms and Conditions and applicable Additional Terms located on the website: https:Hgolf.nbcsportsnext.com/about/terms-and-conditions/ (the "Terms and Conditions"), subject to change by GolfNow from time to time, and any attached addenda (collectively, the "Agreement"). The Agreement shall constitute a legally binding agreement between Client and GolfNow, and Client accepts and agrees to the terms of the Agreement by signing below. Initial Here to confirm you have read the Terms and Conditions Client Signature: GolfNow Signature: Printed Name: Printed Name: Date: Date: If you are a Tax Exempt organization, please check box and click button below to upload a current copy of your tax exemption certification. Tax Exempt 13 DocuSign Envelope ID: 4E6FF649-BFB3-4841-85BA-5CF1527B476F ..SPORTS NE :T EXHIBIT A Hardware Items included in each Hardware Package ORDER FORM s0-39727 Product Included in Hardware Package Mfg Model Number Ethernet Cable 10' HWP-1056 15199 Premier Lenovo Server SSD 2019 OS HWP-1056 7D8JS06Y00 Premier Server Keyboard & Mouse HWP-1056 4X301_79883 Premier Server Monitor DP HWP-1056 DELL-E2220H Premier Server UPS (APC) HWP-1056 BE850G2 APG Cash Drawer Cable HWP-1057 CD -101A-1 APG Heavy Duty Cash Drawer HWP-1057 T320-BL1616-1 Elo Touch Monitor - 22" HWP-1057 E351600 Ethernet Cable 10' HWP-1057 15199 Premier Register - OPTIPLEX MICRO 7010 W11P HWP-1057 3000154372566 Premier Register UPS 330W 550 VA HWP-1057 CP550SLG Star TSP 74311U Power Adapter HWP-1057 30782110 Star TSP 74311U-24 USB Receipt Printer HWP-1057 39442511 Tripp Lite USB Cable 10' HWP-1057 U022-010-1 Zebra Barcode Scanner HWP-1057 DS2208-SR7U2100AZW Zebra Barcode Scanner Stand HWP-1057 20-71043-04R-ZEB MX915 Cable, Ethernet, 7', Black HWP-1144 VFN-13142 MX915 Chip and Pin Pad HWP-1144 VFN-12674 MX915 CONNECT 1/0 MOD HWP-1144 VFN-12215 MX915 PWR SUP HWP-1144 VFN-12613 APG Cash Drawer Cable HWP-1182 CD -101A-1 APG Heavy Duty Cash Drawer HWP-1182 T320-BL1616-1 Elo Touch Monitor - 22" HWP-1182 E351600 Ethernet Cable 10' HWP-1182 15199 Premier Register - OPTIPLEX MICRO 7010 W11P HWP-1182 3000154372566 Premier Register UPS 330W 550 VA HWP-1182 CP550SLG Star TSP 74311U Power Adapter HWP-1182 30782110 Star TSP 74311U-24 USB Receipt Printer HWP-1182 39442511 Tripp Lite USB Cable 10' HWP-1182 U022-010-1 14 I. GolfNow Standard Terms and Conditions for Products and Services. These Standard Terms and Conditions (the "Terms") and any applicable Additional Terms shall apply to Client's business relationship with GolfNow, LLC ("GolfNow") and any subsidiary or affiliate of GolfNow. For purposes of these Terms, any reference to Client shall mean the legal entity listed as "Client" on the attached Order Form or other similar sales agreement, including applicable addenda (collectively as the "Order Form") between GolfNow and Client. Certain GolfNow products or services may also be subject to additional terms and conditions specific to those products or services as set forth below (the "Additional Terms"), including the following: • SmartPlay Merchant Terms and Conditions; • Answers Reservation Center Terms & Conditions; • Full Swing Terms and Conditions; • Toptracer Terms and Conditions; • ClubBuy Terms and Conditions; • GolfNow Payments Merchant Services Agreement for Sub -Merchants; and • Clubhouse Bulletin Terms and Conditions. These Terms and the Additional Terms shall be subject to and incorporate the terms and conditions of the Order Form (collectively referred to as the "Agreement"). Any capitalized terms used but not otherwise defined in these Terms shall have the respective meanings ascribed to them in the applicable Order Form. The Agreement shall constitute a legally binding agreement by and between Client and GolfNow, and Client accepts and agrees to the terms of the Agreement by executing the attached Order Form or other agreement that references these Terms. In the event GolfNow allows Client to access and/or use any portion of the GolfNow Services following the termination date of the Agreement, the then -current terms and conditions located at https://golf.nbcsportsnext.com/about/terms-and-conditions/ shall apply to such use. 1. Term and Termination. The Initial Term of this Agreement, along with any applicable Renewal Term, shall be for the period of time as set forth on the attached Order Form (the "Term"), and shall be non -cancellable except as provided herein. Either Party may immediately terminate this Agreement in the event that the other Party materially breaches this Agreement and fails to cure such breach within thirty (30) days' written notice of such breach. Furthermore, GolfNow reserves the right to immediately suspend Client's and/or it's Users' access to the Services in the event that either Client or a User, as the case may be, is in breach of this Agreement or engaged in any unauthorized conduct (including any violation of the terms of this Agreement or any applicable law or third party right). Upon termination of this Agreement, Client shall delete and return all Software (including all copies), and sign a statement certifying same. Client agrees and acknowledges that GolfNow has no obligation to retain the Client Data and shall, unless legally prohibited, delete such Client Data in its systems or otherwise in its possession or under its control following termination of the Agreement. 2. GolfNow Services. GolfNow shall provide the Products and/or Services (including any Software) set forth in the applicable Order Form (the "Services"). When applicable, GolfNow shall provide access to Client's tee times through any of its branded websites and mobile apps (including but not limited to GolfNow.com and TeeOff.com), partner or affiliated websites, or any other distribution channel (the "GolfNow Distribution Channels"). Unless agreed upon otherwise, GolfNow shall apply the latest version of the GolfNow Services to the marketing and administration of Client tee times. GolfNow shall notify Client in advance in writing of any updates to the GolfNow Services and will provide appropriate training and/or materials to Client concerning all updates relating to the GolfNow Services in use by Client. Client shall provide GolfNow with access to all of the internal and external systems (including third party systems licensed to Client) necessary for GolfNow to provide the Services. Client shall honor all tee times reserved through the GolfNow Distribution Channels and shall treat all golfers originating from GolfNow Distribution Channels with proper courtesy and respect. Client shall make every effort to maintain its tee time inventory in the most up- to-date manner possible, with proper communication to GolfNow regarding changes in availability, golf course conditions, etc. The Parties shall work cooperatively to minimize double -bookings, cancellations and the like. 3. GolfNow Software. To the extent that GolfNow provides Client with any software under this Agreement, GolfNow grants Client a limited, non-exclusive, non -transferable license to utilize the software as set forth on the included Order Form (the "Software"). Subsequent enhancements, updates, including code corrections and fixes which correct problems with the Software, including any online user instructions and help files ("Documentation"), made available by GolfNow to all subscribing customers for the same offering will be made available to Client at no additional charge. However, any new applications, application modules or enhancements that are not offered generally by GolfNow as part of the purchased Software require renegotiation of terms. GolfNow reserves the right to require mandatory upgrades of the Software as may be necessary, as well as to require Client to utilize alternative and upgraded versions of the Software from time to time (at no extra charge to Client unless Client has consented thereto). This Agreement will apply to any application updates, upgrades and new modules or offerings subsequently provided by GolfNow to Client as part of any purchased Services. GolfNow will provide access, user identification and passwords to a reasonable number of designated Client employees, representatives, consultants, contractors or agents who are authorized to use the Services on behalf of Client (each a "User"). Client understands and acknowledges that all third -party vendors must have a written agreement with GolfNow in order to create any interface with the Software. If Client provides its own hardware (including peripheral equipment) for use with the Software, such hardware must meet or exceed GolfNow's current technical specifications for purposes of compatibility with the Software. Page 1 of 17 15 4. Hardware. To the extent GolfNow provides Client with any hardware pursuant to the applicable Order Form (the "Hardware"), and that Order Form indicates such Hardware will remain the property of GolfNow ("GolfNow-Owned Hardware"), the GolfNow-Owned Hardware shall be returned by Client to GolfNow within fourteen (14) days upon the earlier of: (i) termination of this Agreement; or (ii) expiration of the Term. Client assumes all risk of loss or damage to any Hardware. Client's recourse with respect to defective Hardware shall be limited to the applicable manufacturer's warranty. Unless the Parties mutually agree otherwise, Client shall be responsible for the cost of: (x) the replacement of defective Hardware not covered by manufacturer's warranty; and (y) any Hardware upgrades or replacements necessary to meet the minimum system requirements of the GolfNow Services received by Client. GolfNow agrees to cover up to five gigabytes (5GB) of data per month during the Term of the Agreement ("Data Limit") for each iPad provided by GolfNow. Should Client exceed the Data Limit, Client shall be responsible for any additional charges incurred as a result. 5. Support and Training. GolfNow shall provide Client appropriate levels of training (including access to remote training and on-line resources). Additional in-person training may be provided for an additional fee. Telephone and email support shall be provided to Client during normal business hours through GolfNow's published phone numbers and email addresses. 6. Connectivity. Except as otherwise stated herein, Client will be solely responsible for the procurement, payment, and maintenance of all telephone and internet connectively necessary to utilize the applicable Hardware or Services. Client agrees that such connectivity will meet or exceed bandwidth requirements as may be provided by GolfNow, and that GolfNow shall not be responsible for any disruptions in Client's use of the Hardware or Services caused by Client's connectivity. 7. Hardware and Software Configuration and Security. Client agrees that, should the configuration of the Hardware or Software be altered (either by Client's personnel or, upon Client's written request, by GolfNow personnel) to allow unrestricted internet browsing or additional functionality, or Client uses the Hardware or Software to visit web sites that are not pre -approved by GolfNow, Client agrees that: (i) it does so at its own risk; (ii) it will pay for, reimburse GolfNow for and be liable for any resulting tangible or intangible damages, losses or injuries; (iii) all uptime obligations and warranties associated with the Hardware and Software will be voided; and (vi) it will be liable for and indemnify, defend and hold GolfNow harmless from any loss or damage resulting from such alterations or internet use, including but not limited to, actual or alleged data security breaches or the introduction of malware and viruses. GolfNow will, if requested by Client, provide repair and technical support services concerning such issues at its then -standard consulting rates. Client also agrees to reimburse GolfNow for all reasonable costs and expenses associated with such repair and technical support. Client will be responsible for maintaining security on its network at all times. GolfNow assumes no responsibility for viruses, malware or other issues that arise due to activity on Client's network, and accepts no liability for the consequences of said activity, regardless of the ownership of the hardware residing on the network. 8. Fees and Pricing. Client's payment to GolfNow shall be the "Total Payment" amount set forth on the relevant Order Form. If Client agrees to charge a Transaction Fee for rounds booked on Client's website through a GolfNow booking engine, Client's share of the Transaction Fee, as set forth in the Order Form, shall be net GolfNow's costs (approximately 5%). For the avoidance of doubt, the Transaction Fees referenced in the Order Form do not include any convenience fees charged by GolfNow through GolfNow's Distribution Channels. If applicable, Client shall have the right to approve the price and amount of all non -Trade Time inventory offered through GolfNow's Distribution Channels. GolfNow shall receive tee times and rates at least as favorable to GolfNow as the most favorable tee times and rates offered or provided by Client to any other third - party distribution service or any third party with substantially similar features, functionality, or capabilities as those provided by GolfNow. Client acknowledges and agrees that Client's payment to GolfNow, whether cash or provision of Trade Time(s), is a material element of this Agreement. Due to this material element, in the event that Client does not comply with the payment requirements hereunder or otherwise breaches the terms of this Agreement (each a "Non -Compliance Event"), Client shall be required to pay the following fees to GolfNow: (1) For Products/Services being paid for via Trade Time(s): Five Hundred Dollars ($500) per Product and/or Service, per Golf Course, per month for each month after the first instance of any Non -Compliance Event through either: (i) the cure of the Non -Compliance Event; or (ii) the end of the current Term, whichever is shorter. For Clients receiving Golf365 Pro (formerly G1): Client acknowledges and agrees that Client's use of Golf365 Pro requires Client's adoption of GolfNow's Booking Engine 5.0 (or later) and that Client charge a Transaction Fee on all rounds booked through the GolfNow Booking Engine, which Client shall split with GolfNow according to the terms of the Order Form. Page 2 of 17 16 Trade Time Definitions. (i) Trade Time with Rolling Terms: A single 'Trade Time' is defined as four (4) individual 9 -hole or 18 -hole rounds (as applicable) (with or without cart), with player rule one to four (1-4), made available for sale by GolfNow for its own benefit. Each Trade Time shall be made available for sale beginning on the first day of the month and will be made available on subsequent days throughout the month until a maximum of thirty- one (31) Trade Times (or 124 individual 9 -hole or 18 -hole trade rounds) have been sold each month. Any Trade Time that 'rolls' to a subsequent day may be posted at any time during that day's Bookable Window, regardless of the Trade Load Time. GolfNow shall have the ability to sell Trade Times at a price that is at the discretion of GolfNow (except where mutually agreed upon otherwise). Trade Times shall be available for purchase on Client's website and GolfNow's Distribution Channels. (ii) Trade Time with Non -Rolling Terms: A single 'Trade Time' is defined as four (4) individual 9 -hole or 18 -hole rounds (as applicable) (with or without cart), with player rule one to four (1-4), made available for sale by GolfNow for its own benefit. GolfNow shall have the ability to sell Trade Times at a price that is at the discretion of GolfNow (except where mutually agreed upon). Trade Times shall be available for purchase on Client's website and GolfNow's Distribution Channels. (iii) Trade Time Posting. The tee times of the individual 9 -hole or 18 -hole rounds (as applicable) provided as Trade Times shall be posted during the Bookable Window (defined below), or at the specified Trade Load Time(s) set forth in the Order Form. "Bookable Window" shall mean any time throughout the day unless a specified Bookable Window is defined otherwise in the Order Form. For the avoidance of doubt, if the Order Form includes specified Trade Load Time(s), but not a defined Bookable Window, the applicable Bookable Window shall be any time throughout the day. In addition to the above, GolfNow may also offer Trade Times for sale as "Pay Now & Save" tee times at any time throughout the Bookable Window. For the avoidance of doubt, once a Trade Time has been sold as a "Pay Now & Save," it will be removed from the applicable Trade Load Time or Bookable Window. (iv) Smart Trade (TeeOff.com only): If noted on the Order Form, GolfNow may employ the "Smart Trade" system for selling Trade Times, whereby the tee time inventory shall include "auto -switching" the Trade Time inventory from floating time slots to a fixed time slot if the target window becomes more than 80% booked. (v) Availability. In the event a Trade Time (full or partial), Trade Load Time, or Bookable Window becomes unavailable on a given day for any reason, including but not limited to weather, a scheduled outing/event, over -seeding, course maintenance, or the tee time was sold by Client outside of GolfNow's Distribution Channels, GolfNow may re -post the applicable Trade Times or individual tee times at any available time(s) during the Bookable Window on either the same day or earlier/subsequentdate(s). 10. Trade Over -Sell. In the event that GolfNow inadvertently oversells trade rounds due to a technology or interface error, GolfNow shall block future trade rounds to makeup for such oversell. If the oversold rounds are valued at more than One Thousand Dollars ($1,000), GolfNow agrees to issue a refund check to Client. For the avoidance of doubt, if the oversold rounds are valued at less than One Thousand Dollars ($1,000), GolfNow shall reimburse Client via future blocked trade rounds. 11. Acceptable Use. Client shall use the Services in accordance with the Documentation and this Agreement for purposes of operating its business and not for further resale or distribution. Client shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party (other than Users and Client End Users as expressly authorized by this Agreement); (ii) use the Services to collect, transmit or process (a) infringing, offensive, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights; or (b) send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another; (iii) interfere with or disrupt the integrity or performance of the Services or any of GolfNow's and/or its licensors' proprietary technology, including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs, the Documentation, training materials, templates, and other tangible or intangible technical material or information and any components thereof, used by GolfNow or its third party licensors and providers to provide the Services (referred to herein as "GolfNow Technology"); or (iv) attempt to gain unauthorized access to the GolfNow Technology or Services; (v) use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Services or the GolfNow Technology; (vi) access the Software or GolfNow Technology for the purpose of building a similar or competitive offering; (vii) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Services or GolfNow Technology or any part thereof or otherwise attempt to discover any source code or modify the Services or GolfNow Technology. Client shall: (i) notify GolfNow customer support as promptly as practicable by email, fax or telephone of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to GolfNow as promptly as practicable and use reasonable efforts to stop immediately any copying or distribution of any Client proprietary information or Client Data that is known or suspected by Client or Users through the Services; and (iii) not impersonate another User or provide false identity information to gain access to or use the Services. Client is responsible for all its Users' compliance with this Agreement, for charges incurred by its Users under Client's account, and for using commercially reasonable efforts to ensure that its Users maintain the confidentiality of their passwords and user names. Certain editions of the Services offer integration capabilities via an application programming interface, or API. The number of API calls Client can make per account at no additional charge is limited (excluding calls resulting from use of GolfNow End User applications, golfnow.com, and GolfNow- certified applications) to an aggregate maximum of two hundred thousand (200,000) calls/day/account. Calls to the API that exceed the daily maximums in the preceding sentence may require payment of additional charges. 12. End Users; Privacy Policies and Terms of Use. End users of the Services shall be either: (1) GolfNow account holders who interact with Client via their GolfNow account ("GolfNow Account User(s)"; e.g. Golfer who uses their GolfNow account to reserve tee time through a GolfNow Booking Engine on Client's website); or (2) any other individual or company who interacts with the Services for purposes of conducting business with Client ("Client End User(s)") (collectively, "End User(s)"). Client acknowledges and agrees that Client shall be solely responsible Page 3 of 17 17 for establishing and enforcing the terms and conditions under which Client End Users interact with portions of the Services controlled by Client (e.g. Client's websites or point-of-sale systems). Client will at all times during the Term: (a) maintain a privacy policy and terms of use that are consistent with applicable laws and industry best practices (as determined by reference to the practices of other consumer -oriented websites and the promulgations of applicable industry standards bodies); (b) make such policy and terms of use easily accessible to Client End Users and otherwise in compliance with all applicable laws, including but not limited to the California Consumer Privacy Act ("CCPA"); and (c) comply with such policy and terms of use. No End User shall be deemed a third -party beneficiary of this Agreement. Client shall not make any warranties, representations or commitments to Client End Users which would: (i) imply an endorsement by GoIfNow; (ii) purport to bind GolfNow to any legal obligations owed by Client to the Client End User; or (iii) entitle any End User to enforce the terms of this Agreement against GolfNow. Notwithstanding the foregoing, GolfNow shall be entitled to make its own privacy policy and terms of use available to GolfNow Account Users on the Services, and Client shall not take any actions that would diminish the accessibility of such policy orterms. 13. Ownership of Data. (i) Definitions. (a) "Applicable Law" means all applicable laws, rules, regulations, rulings, judgments, directives, or other requirements of any governmental authority in any country or jurisdiction, as may be amended or otherwise revised from time to time and all applicable, current industry self-regulatory principles, including but not limited to the CAN -SPAM, TCPA, and Privacy Laws. (b) "Personal Data' means any information that relates to an individual and that, alone or in combination with other data, can be used to identify, contact, or precisely locate an individual, or other information that constitutes "personal data" or "personal information" under Privacy Laws. (c) "Privacy Laws" means all Applicable Laws and third -party platforms restrictions relating to the Processing of Personal Data, privacy and security that may exist in any relevant jurisdiction, including but not limited to CCPA and GDPR. (d) "Process", "Processing" and words of similar nature mean using, accessing, storing, securing, sharing, disclosing, altering. destroying and deleting Personal Data and other actions as set forth in the applicable PrivacyLaws. (ii) Client Data. As used herein, "Client Data" shall mean any data, information, or material provided or submitted to the Services by Client, Client End Users, or Client's customers, personnel, and business contacts, including any Personal Data thereof (e.g. name, address, phone number, email address, credit card information, purchases, or preferences) ("Client Personal Data"), in the course of Client's use of the Services. The Parties acknowledge and agree that GolfNow shall act as a service provider for any Client Personal Data processed by GolfNow through its provision of the Services. Where this is the case, GolfNow shall collect, retain, use, disclose, and otherwise process Client Personal Data (including personal information as defined under the applicable law) solely to fulfill its obligations to Client under this Agreement on Client's behalf, for Client's operational purposes, for GolfNow's own operational purposes, for other notified purposes, and for no other purposes. GolfNow shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Client Data where such deletion, correction, destruction, damage, loss or failure to store is initiated by or caused by Client or its Users, or Client End Users. Client agrees that GolfNow may process Client Personal Data to generate non -personally identifiable information by means of aggregation or de -identification, and to use and disclose that data, along with, on an aggregate basis and so long as no such use specifically identifies Client, any Client Data relating to Client's usage of the Services (e.g., general usage data; yield, utilization, rate, rounds, or pace; anonymous survey results) (collectively, "Aggregated Data"), for its own commercial purposes during or after the term of this Agreement. GOIfNow shall not sell Client Personal Data or otherwise disclose Client Personal Data for a commercial purpose. Client retains ownership of Client Data, whether obtained prior to or during the Term of this Agreement. For the avoidance of doubt, Aggregated Data shall not be considered Client Data or Client Personal Data. (ii) GolfNow Account Data and Shared Data. GOIfNow shall own the rights to all Personal Data collected by GolfNow directly from GolfNow Account Users on GolfNow-operated sites and services or through the Services provided to Client, including, but not limited to, name, phone number, login credentials, tee times, requests for amenities such as food orders, information about other golfers, and other profile information (collectively, "GolfNow Account Data"). When applicable, GolfNow shall provide Client with the portions of GolfNow Account Data necessary to enable GolfNow Account Users to interact with Client through the Services and for Client to fulfill certain golfer transactions made through the Services (e.g., golfer name, phone number, and tee time for GolfNow.com bookings; golfer name and food order for SmartPlay order; and golfer contact information to set up a profile for future bookings through GolfNow Booking Engines). Except as otherwise provided in this Agreement, GolfNow and Client, with respect to the portion of the GolfNow Account Data that Client may receive from GolfNow, each Client and GolfNow will independently own such data (the "Shared Data"), provided, however, Client shall not "sell" Shared Data as "sell" is defined under applicable Privacy Laws, including but not limited to the CCPA. Client represents and warrants that Client will comply with all Applicable Law, including but not limited to CAN -SPAM, CIPA, TCPA, Telemarketing Sales Rule, CCPA, and/or any other similar Privacy Laws, with respect to (i) any and all Client Personal Data and Shared Data; and (ii) Client's use of Client Personal Data and Shared Data in conjunction with the Services, including but not limited to Client's distribution of marketing communications (via e-mail, text message, or otherwise) through the Services, whether by Client directly or by GolfNow on Client's behalf or at Client's direction. Client shall comply with its obligations as a "business" or "controller" under applicable law, including the CCPA for all Client Personal Data and Shared Data. 14. Data Security. Industry standards have been set by the Payment Card Industry Data Security Standards ("PCI Standards") for protection of customer information. GolfNow and Client both represent and warrant that they will comply with PCI Standards during the entire Term of this Agreement and thereafter with respect to customer Personal Data accumulated during the Term, and further agree to adhere to all other applicable standards, laws, rules, and regulations for protection of customer Personal Data to which they have access during the entire Term of this Agreement. GolfNow agrees that it will use systems, tools and security and take commercially reasonable steps to ensure Client Personal Data hosted by GolfNow is not accessed, redistributed, duplicated, or modified. GolfNow shall be free to provide certain required levels of access to contracted third party vendors that may need access to such data in order to provide the Services. Page 4 of 17 18 15. Websites and Mobile Apps. In the event that GolfNow provides Client with a custom Website or Mobile App (the "Websites & Apps") as part of the Services, Client acknowledges and agrees that Client, and not GOIfNow, shall be responsible for: (i) any and all content (i.e., images, video, text, etc.) and third -party links, including any social media accounts or activity (i.e. Facebook, Twitter, YouTube, etc.), uploaded and/or published to the Websites & Apps by Client directly or provided to GolfNow for upload and/or publishing on Client's behalf; (ii) any and all additions, deletions, edits, or changes made to the Websites & Apps by Client directly or by GolfNow at Client's direction; (iii) the accessibility to disabled persons of any and all content (i.e., images, video, text, etc.), third -party links, or third -party features, services, or functionality uploaded or published to, or included in, the Websites & Apps by Client directly or by GolfNow at Client's direction; (iv) any and all representations made to End Users by Client through the Websites & Apps; (v) any and all communications between Client and End Users made or initiated through the Websites & Apps; (vi) any and all products/services of Client offered or advertised through the Websites & Apps; and (vii) any and all third -party software or services utilized by Client relating to the Websites & Apps not provided by GolfNow. Pursuant to Section 12 above, Client, and not GolfNow, shall be responsible for providing the privacy policy and terms of use for Client's Website(s), which shall be separate and distinct from GolfNow's privacy policy and terms of use applicable to the Mobile Apps and GolfNow Account Users. Client acknowledges and agrees that the Websites & Apps are part of the Services licensed to Client for the Term of the Agreement, and that upon termination of the Agreement, the Websites & Apps, and any other services relating to the Websites & Apps provided by GOIfNow, including but not limited to domain name, hosting, and email, will be immediately taken down and/or turned off, along with Client's access to the Websites & Apps and any related services. Unless agreed upon otherwise, all content created by GolfNow for the Websites & Apps shall remain the property of GolfNow and may not be used by Client following the termination of this Agreement. Client is solely responsible for creating copies or backups of all Client -owned content or data from the Websites & Apps prior to termination, and in no event shall GolfNow be responsible for the loss of any of Client's data following the termination of this Agreement. For purposes of this Section, "Client" shall include any Users, employees, vendors, agents and other personnel of Client. 16. Intellectual Property. (1) Client Intellectual Property Rights. Client hereby grants GolfNow during the Term a revocable, limited, non-exclusive, royalty -free, worldwide license to use certain materials provided by Client, including but not limited to golf course information, logos, branding, images, and video (the "Client Materials"), as may be necessary for GOIfNow to: (i) provide the Services to Client; (ii) aggregate Client usage data as set forth above; and (iii) to promote Client and provide the marketing services contemplated herein. Client retains all right, title and interest, including all related intellectual property rights, in and to the Client Materials. Client represents and warrants that any Client Materials provided to GolfNow and/or, if applicable, uploaded to Client's Websites & Apps during the Term will be fully cleared (e.g. for copyrights, rights of publicity, etc.) for commercial use in all mediums (including, without limitation, on the internet, in print, and via mobile distribution channels). (ii) GolfNow Intellectual Property Rights. GolfNow and its licensors retain all right, title and interest, including all related intellectual property rights, in and to the GolfNow Services, Software, Technology, and Documentation. This Agreement is not a sale and does not convey to Client any rights of ownership in or related to the GolfNow Products, Services, Software, or Technology. Any GolfNow-related names, logos, and the product or service names associated with the Services are trademarks of GOIfNow or its licensors or other affiliated third parties, and no right or license shall be deemed granted to use them to Client, any End User, or any other third party without the prior, express written consent of GolfNow. GolfNow shall be free to use or incorporate and permit its third party licensors to use or incorporate into the GolfNow Technology and/or Services any suggestions, enhancement requests, recommendations or other feedback provided by Client and End Users relating to the GolfNow Services, and all such recommendations shall be free from any confidentiality restrictions that might otherwise be imposed upon GolfNow hereunder, all of which once incorporated shall be the sole and exclusive property of GolfNow and its licensors. 17. Confidentiality. (i) Definition. "Confidential Information" means all non-public information of a Party ("Disclosing Party") disclosed to the other Party under this Agreement ("Receiving Party'), whether orally or in writing and whether or not designated as confidential at the time of disclosure, including without limitation the terms and conditions of this Agreement (including pricing and other terms), business information, specifications, research, software (in the case of GolfNow, including but not limited to, the GolfNow Technology, flow of screens, and Documentation), trade secrets, designs, drawings, flow charts, data, computer programs, marketing plans, budget figures, and other financial and business information of the Disclosing Party, and Client Data. (ii) Treatment of Confidential Information. Except with the Disclosing Party's permission, the Receiving Party shall not use any Confidential Information of the Disclosing Party for any purpose other the performance of the Receiving Party's obligations under this Agreement, and shall not disclose the Confidential Information to any third party other than its contractors or authorized representatives who are subject to binding obligations of confidence substantially similar to those set forth in this Agreement and solely for the purposes of this Agreement. (iii) Permitted Disclosure. The obligation of nondisclosure set forth herein shall not apply to any Confidential Information that: (a) is or becomes publicly available without a breach of any obligation owed to the Disclosing Party, including, by way of example but not limitation, the posting of Client materials or Client Data by Client, Users or End Users on any publicly -available portions of the Services; (b) is already known to the Receiving Party at the time of its disclosure by the Disclosing Party, without a breach of any obligation owed to the Disclosing Party; (c) following its disclosure to the Receiving Party, is received by the Receiving Party from a third party without breach of any obligation owed to the Disclosing Party; or (d) is independently developed by the Receiving Party without reference to or use of the Disclosing Party's Confidential Information (except for patentable subject matter, which shall not be subject to this exception); or (e) the Receiving Party is required to disclose by any applicable law, by any rule or regulation of any court or government agency of competent jurisdiction, or pursuant to legal process; provided that the Receiving Party provides the Disclosing Party with prompt written notice of the requirement to disclose, reasonable assistance in the opposing or limiting of such disclosure and limits such disclosure to that strictly required by such court, government agency or legal process; (f) is a permitted aggregation of data. (iv) Injunctive Relief. The Parties agree that any unauthorized disclosure of Confidential Information may cause immediate and irreparable injury to the Disclosing Party and that, in the event of such breach, the Disclosing Party will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary Page 5 of 17 19 damages. Notwithstanding the foregoing, Client irrevocably waives any right to enjoin or restrain the operation of the GolfNow Software, Services, or Technology as a whole, or GolfNow's, its providers', or its customers' use of any content or other material used or displayed through the Services other than Client's Confidential Information. 18. Limited Warranties and Remedies; Disclaimers. Both Parties represent and warrant that: (a) they have the authority to enter into this Agreement and that their signatories are duly authorized and empowered to sign this Agreement on their behalf; and (b) they will comply with all applicable laws, ordinances, statutes, regulations and rules, and that they have the power to settle fully and completely all claims, causes of action, demands, charges and liabilities arising out of or relating to this Agreement. Client represents and warrants to GolfNow that any intellectual property provided to GolfNow by Client (including without limitation, any photographs, drawings, or works of art) do not violate the rights of any third party. GolfNow will provide the Services in a professional and workmanlike manner and free from any unreasonable defects, and GolfNow will use all reasonable means to fix any defect in the Services that may arise. GolfNow will provide Client with training on how to use the Services and provide support as needed by Client. Notwithstanding the foregoing, in the event that Client creates its own content and/or software, and/or utilizes third party software to deliver services to the Client's users, such content and software or services are not included within this Limited Warranty and GolfNow is not responsible for any damages or remedies of any kind in connection with Client's content and/or use of such software or services. GolfNow shall notify Client in advance of any updates to the Services and will provide appropriate training and/or materials to Client concerning all updates. Client and its authorized users shall use the Software and Services only in accordance with this Agreement. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER GOLFNOW NOR ITS PROVIDERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE GOLFNOW SERVICES, SOFTWARE, OR TECHNOLOGY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER GOLFNOW NOR ITS PROVIDERS REPRESENT OR WARRANT THAT (A) THE USE OF THE GOLFNOW SOFTWARE, SERVICES OR TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR -FREE OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE GOLFNOW SOFTWARE, SERVICES, OR TECHNOLOGY WILL MEET CLIENT'S OR END USERS' REQUIREMENTS OR EXPECTATIONS, OR (C) THE GOLFNOW SOFTWARE, SERVICES, OR TECHNOLOGY THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, SO LONG AS GOLFNOW HAS TAKEN REASONABLE STEPS TO SAFEGUARD AGAINST SUCH VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE GOLFNOW SOFTWARE, SERVICES, AND TECHNOLOGY IS PROVIDED TO CLIENT STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND IMPLIED OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY GOLFNOW AND ITS PROVIDERS. With respect to malfunctioning Software, GOLFNOW'S entire liability and Client's exclusive remedy shall be the repair/replacement of the Software. 19. Limitation of Liability. EXCEPT FOR THIRD PARTY LIABILITIES AND EACH PARTY'S INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES BASED ON LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF DATA), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE CAUSE OR THE FORM OF ACTION (WHETHER BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). IN NO EVENT SHALL GOLFNOW'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID OR OWED BY CLIENT HEREUNDER (WHICHEVER IS GREATER) OR, WITH RESPECT TO ANY SINGLE INCIDENT, THE AMOUNT PAID BY CLIENT HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT. THE FOREGOING SHALL NOT LIMIT CLIENT'S PAYMENT OBLIGATIONS UNDER THE TOTAL PAYMENT SECTION OF THE ORDER FORM. 20. Indemnification. (i) By Client. To the extent allowed by law, and without waiving its sovereign immunity, Client shall indemnify, defend, and hold harmless GolfNow, LLC and its parents, affiliates, officers, directors, employees, contractors, vendors, agents, and representatives, (collectively, the "GolfNow Indemnified Parties"), from any and all claims, demands, actions, suits, investigations, proceedings, damages, losses and liabilities, including reasonable attorney's fees and expenses (collectively, "Losses") as incurred, arising from or related to any third -party claim (a) that any materials provided to GolfNow by Client, or utilized by Client in its use of the GolfNow Services infringe, misappropriate, or otherwise violate or conflict with applicable law or any third -party's intellectual property rights or rights of privacy or publicity; or (b) to the extent arising from or relating to (i) the breach of Client's obligations, representations, or warranties under this Agreement, including any third -party claim alleging any act, omission, or fact that constitutes a breach; (ii) any death, personal injury, bodily injury to persons, or damage to property caused by Client or occurring at Client's Golf Course(s); (iii) any dispute between Client and a customer/golfer, including in connection with the customer/golfer's experience at Client's Golf Course(s), without regard for the basis of such claim; (iv) any negligence or willful misconduct of Client or Client's employees, vendors, agents or other personnel; and (v) the Client Data and/or Client's Websites & Apps (as defined in Section 15), to the extent such Losses are not a result of GolfNow's negligence. (ii) By GolfNow. GolfNow agrees to defend, indemnify, and hold harmless Client, its parents, affiliates, officers, directors, partners, employees, contractors, vendors, guests, volunteers, agents, and representatives from and against all Losses arising out of or resulting from any act undertaken or committed by GolfNow, or any contractors hired or engaged by GolfNow, in connection with the performance of GolfNow's obligations under this Agreement. GolfNow also agrees to defend, indemnify, and hold harmless Client from any liability resulting from any claim, action or cause of action which may be asserted by third -parties arising out of the performance of the GolfNow's obligations pursuant to this Agreement, except those actions or liabilities which are due to the misconduct or negligence of Client. 21. Insurance. Client acknowledges and agrees that it will at all times during the Term and at its own expense, keep in full force and effect the following insurance coverages: (i) commercial general liability insurance for limits of not less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury and property damage, product liability, personal and advertising injury and completed operations liability; and (ii) worker's compensation insurance in compliance with applicable law; (iii) employers' liability insurance with a limit not less than One Million Dollars ($1,000,000.00); and (iv) property insurance on an "all risk" basis with replacement cost coverage for property and equipment in care, custody, and control of the insured. Promptly after signing this Page 6 of 17 20 Agreement, Client will deliver to GOIfNow certificates of insurance for the required coverage. All required insurance will be placed with carriers rated no lower than A -VII in the most current edition of AM Best's Property Casualty Key Rating Guide and will provide thirty (30) days' written notice of cancellation or non -renewal, which notice shall be provided in accordance with these Terms. The stipulated limits of coverage will not be construed as a limitation of any potential liability to GolfNow. Failure to request evidence of insurance is not a waiver of Client's obligation to obtain the required insurance. 22. Dispute Resolution. This Agreement shall be governed, interpreted and construed under the laws of the United States and the State of Florida without regard to any conflict of law principles. The Parties shall act in good faith and use commercially reasonable efforts to promptly resolve any claim, dispute, controversy or disagreement (each a "Dispute") between the Parties under or related to this Agreement. Any Dispute arising out of this Agreement which cannot be resolved by the Parties shall be governed exclusively by binding arbitration initiated and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, conducted in the Orlando, Florida, metropolitan area. The arbitrator shall have the power to award reasonable attorneys' fees and costs to the prevailing Party in any arbitration, and either Party shall have the right to take appropriate action to enforce any arbitration award in any court having jurisdiction over the applicable Party. 23. Binding Nature; Assignment. This Agreement shall be binding upon GolfNow and Client, and their respective successors and assigns; provided, however, that neither Party shall assign this Agreement or any of its rights or obligations hereunder, without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, without Client's consent, GolfNow may assign all or part of its rights and obligations under this Agreement to: (i) any of its divisions, affiliates or subsidiaries; (ii) its parent company; or (iii) any of its parent company's divisions, affiliates, or subsidiaries. A sale of substantially all of the stock or assets of a Party, or the reorganization or merger of a Party, shall not constitute an assignment of this Agreement. Any assignment or transfer in violation of this Section shall be void and of no force or effect. Any subcontractors retained by GolfNow to perform certain obligations hereunder shall be bound by and their actions are governed by this Agreement as if GolfNow itself was performing such obligations. 24. Export Control. Client and GolfNow agree, in connection with Client's use of the Services, to comply with all applicable export and re- export laws and regulations. GolfNow makes no representation that the Software or Services is appropriate, will comply with applicable laws, or available for use in locations other than the United States of America. 25. Taxes. Client represents and warrants that it will be responsible for the payment of all taxes it may incur in connection with the performance of this Agreement or use of GolfNow Services. Client will indemnify, defend and hold GolfNow harmless from any liability incurred by GolfNow in connection with Client's failure to comply with this Taxes provision. (i) Sale of Tee Times or Other Items to End Users: With regard to the sale by Client of tee times or other taxable items directly to an End User through or in connection with services provided by GolfNow under this contract, Client will, as required by applicable laws, collect and remit all applicable taxes relating to consideration paid by End Users directly to Client. GolfNow will collect and remit all applicable taxes relating to consideration paid directly to it by End Users. (ii) Barter for or Cash Purchase of GolfNow Services by Client: The license by Client of some or all of GolfNow Services (including software) under this contract may be subject to sales or use tax in the state(s) in which Client operates. GolfNow recognizes that the value to Client of its Services, including software solutions provided under this contract, lies principally in the provision of access to and effective execution within the market created by GolfNow. Client and GolfNow agree that the consideration due from Client to GolfNow under this contract that is applicable to software equals the lesser of twenty percent (20%) of the total remuneration collected by GolfNow from End Users for Tee Times (or cash from Client) under the contract or $2,500 ("The Allocation") calculated on a per account (not per course) basis. To the extent that the state(s) in which Client operates impose tax on the license of software provided through this contract, tax will be computed on The Allocation, and will be payable by Client to GolfNow for remittance to the appropriate taxauthority. 26. Survival. Sections 1, 16-20, 22, 25 and 26 shall survive notwithstanding the expiration or termination of this Agreement. 27. Miscellaneous. This Agreement shall constitute the entire understanding of the Parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, written or oral, relating thereto between Client and GolfNow. Additionally, this Agreement shall terminate and supersede any and all prior Order Form(s) entered into between Client and GolfNow regarding the Golf Course(s) and Products/Services listed herein. For the avoidance of doubt, this Agreement shall not terminate and/or supersede any non -Order Form agreements between Client and GolfNow or any prior Order Form(s) or other agreement(s) between Client and GolfNow relating to golf courses not listed in this Agreement. The Parties acknowledge and represent that they have carefully read and fully understand all of the terms and conditions set forth in this Agreement. The Parties further acknowledge and represent that they enter into this Agreement freely, knowingly and without coercion and based on their own judgment and investigation of this matter, and not in reliance upon any representations or promises made by any Party, its attorneys, or its agents. The Parties hereby acknowledge and agree that GolfNow is an independent contractor and not an employee, agent, joint venturer or partner of Client or any of its affiliates. Nothing in this Agreement shall be interpreted or construed as creating or establishing a joint venture, partnership, employment, or agency relationship among any of the Parties as a result of this Agreement. The headings in this Agreement are intended for convenience of reference and shall not affect its interpretation. None of the Parties shall have any power to obligate or right to bind any other Party. This Agreement may be executed in one or more counterparts, with electronic exchange of signatures (e.g., pdf and DocuSign) sufficient to bind the Parties. Notices of either Party as required herein shall be sent to the addresses provided in the attached Order Form. Page 7 of 17 21 II. Additional Terms. B. GolfNow Payments Merchant Services Agreement for Sub -Merchants. In connection with the Agreement Client has entered into with GolfNow, LLC ("Provider"), WorldPay, LLC, having its principal office at 8500 Governors Hill Drive, Symmes Township, OH 45249-1384 and its designated Member Bank (collectively "Acquirer(s)") may provide Client ("Sub - merchant") with certain payment processing services ("Acquirer Services") in accordance with the terms of this Sub -Merchant Agreement. For the avoidance of doubt, the Acquirer Services are not part of the services provided by Provider under the Agreement. The term "Service," as used in this Sub- Merchant Agreement, refers solely to the services provided by Provider under the Agreement. In consideration of Sub -merchant's receipt of credit or debit card funded payments, and participation in programs affiliated with MasterCard International Inc. ("MasterCard"), VISA U.S.A. Inc. ("VISA"), Discover ("Discover"), and certain similar entities (collectively, "Associations"), Sub - merchant is required to (i) enter into a direct relationship with an entity that is a member of the Associations and (ii) agree to comply with Operating Regulations (defined below) and Association rules as they pertain to applicable credit and debit card payments. By entering into this Sub -Merchant Agreement, Sub -merchant is fulfilling the Association rule of entering into a direct relationship with a Member of the Associations; however, Acquirers understand that Sub -merchant has contracted with Provider to obtain certain processing services. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual promises contained herein, the parties agree as follows: 1. Certain Sub -merchant Responsibilities. For the purposes of this Sub -Merchant Agreement, the following terms shall have the meanings set forth below: "Cardholder" shall mean any person authorized to use a Card or the accounts established in connection with a Card. "Cards" shall mean MasterCard, VISA, Discover and Other Network cards, account numbers assigned to a Cardholder or other methods of payment accepted by Processor under this Sub -Merchant Agreement. "Issuer" shall mean financial institution or other entity that issued the Card(s) to the Cardholders. "Other Network" shall mean any network or card association other than VISA, MasterCard, or Discover in which Provider participates hereunder. Sub -merchant agrees to participate, and to cause third parties acting as Sub -merchant's agent ("Agents"), to participate in the Associations in compliance with, and subject to, the by-laws, operating regulations and/or all other rules, policies and procedures of the Associations (collectively "Operating Regulations"). The Associations make excerpts of their Operating Regulations available online, including via: https://www.mastercard. us/en-us/business/overview/support/rules.htm1: httl)s://usa.visa.com/supporUconsumer/visa-ruies.htm1; https://www.americanexpress.com/merchantopguide; https://www.discovergIobalnetwork.com/content/dam/discover/en us/dgn/pdfs/MIT- Implementation-Guide.pdf. Each applicable Association's complete Operating Regulations are incorporated by reference into this Sub -Merchant Agreement and will control with respect to any conflict in terms between this Sub -Merchant Agreement and such Operating Regulation. Sub -merchant will not discriminate against Cards or Issuers (e.g., limited acceptance options) except in full compliance with the Operating Regulations, and will comply with all Operating Regulations, applicable laws, and regulations related to its business operations, PCI -DSS obligations, the use of an Association's marks, and each transaction acquired hereunder. Sub -merchant expressly agrees that it will accept Cards and protect, utilize, or restrict transaction data, including the magnetic stripe and CVV2, in accordance with the terms of this Agreement, applicable law or regulation, and the Operating Regulations, and will cooperate with any audit requested by an Association until such audit is completed. In addition to complying with each Association's obligations or prohibitions related to acceptance, disbursement, or resubmission of a transaction, Sub -merchant may not submit any illegal, fraudulent, or unauthorized transaction and shall only submit transactions for the sale of its own goods or services, and not any other person or company, and may not receive payment on behalf of or, unless authorized by law, redirect payments to any other party. Sub -merchant covenants that it is not a third -party beneficiary under any agreement with an Association, however, an Association may be a third -party beneficiary of this Agreement, and shall have the rights, but not any obligation, necessary to fully enforce the terms of this Agreement against the Sub -merchant. Sub -merchant authorizes Provider to conduct checks of Sub -merchant's background, credit, or banking information, as necessary, and agrees that all information obtained under this Agreement may be shared with an Association. Sub -merchant acknowledges and agrees that it is responsible for its employees' actions, it will notify Provider of any 3rd party that will have access to cardholder data, and it will immediately report all instances of a data breach to Provider immediately after it reasonably identifies an incident. Sub -merchant also agrees to comply with all applicable state, federal, and local laws, rules, and regulations ("Laws"). Without limiting the foregoing, Sub -merchant agrees that it will fully comply with any and all confidentiality and security requirements of the USA Patriot Act (or similar law, rule or regulation), VISA, MasterCard, Discover, and/or Other Networks, including but not limited to the Payment Card Industry Data Security Standard, the VISA Cardholder Information Security Program, the MasterCard Site Data Protection Program, and any other program or requirement that may be published and/or mandated by the Associations. For purposes of this section, Agents include, but are not limited to, Sub - merchant's software providers and/or equipment providers. Sub -merchant shall only complete sales transactions produced as the direct result of bona fide sales made by Sub -merchant to cardholders, and is expressly prohibited from processing, factoring, laundering, offering, and/or presenting sales transactions which are produced as a result of sales made by any person or entity other than Sub -merchant, or for any purposes related to any illegal or prohibited activity including but not limited to money-laundering or financing of terrorist activities. Page 8 of 17 22 Sub -merchant may set a minimum transaction amount to accept a card that provides access to a credit account, under the following conditions: (i) the minimum transaction amount does not differentiate between card issuers; (ii) the minimum transaction amount does not differentiate between MasterCard, Visa, or any other acceptance brand; and (iii) the minimum transaction amount does not exceed ten dollars (or any higher amount established by the Federal Reserve). Sub -merchant may set a maximum transaction amount to accept a card that provides access to a credit account, under the following conditions: Sub -merchant is a (i) department, agency or instrumentality of the U.S. government; (ii) corporation owned or controlled by the U.S. government; or (iii) Sub- merchant whose primary business is reflected by one of the following MCCs: 7992, 7997, 5812 —public golf course, private golf course or restaurant.; and the maximum transaction amount does not differentiate between MasterCard, Visa, or any other acceptance brand. 2. Sub -merchant Prohibitions. Sub -merchant must not (i) require a cardholder to complete a postcard or similar device that includes the cardholder's account number, card expiration date, signature, or any other card account data in plain view when mailed, (ii) add any tax to transactions, unless applicable law expressly requires that a Sub -merchant impose a tax (any tax amount, if allowed, must be included in the transaction amount and not collected separately), (iii) request or use an account number for any purpose other than as payment for its goods or services, (iv) disburse funds in the form of travelers checks if the sole purpose is to allow the cardholder to make a cash purchase of goods or services from Sub -merchant, (v) disburse funds in the form of cash unless Sub -merchant is dispensing funds in the form of travelers checks, TravelMoney cards, or foreign currency (in such case, the transaction amount is limited to the value of the travelers checks, TravelMoney cards, or foreign currency, plus any commission or fee charged by the Sub -merchant), or Sub -merchant is participating in a cash back service, (vi) submit any transaction receipt for a transaction that was previously charged back to the acquirers and subsequently returned to Sub -merchant, irrespective of cardholder approval, (vii) accept a Visa consumer credit card or commercial Visa product issued by a U.S. issuer to collect or refinance an existing debt, (viii) accept a card to collect or refinance an existing debit that has been deemed uncollectable by Sub -merchant, or (ix) submit a transaction that represents collection of a dishonored check. Sub -merchant further agrees that, under no circumstance, will Sub -merchant store cardholder data in violation of the Laws or the Operating Regulations including but not limited to the storage of track -2 data. Neither Sub -merchant nor its Agent shall retain or store magnetic -stripe data subsequent to the authorization of a sales transaction. In addition, Sub -merchant may not submit or knowingly permit any cardholder or other user of the Service to submit any transaction that is illegal or that Sub -merchant should have known is illegal, including but not limited to transactions involving pornography, money laundering, or financing terrorist activities. Sub -merchant agrees to comply with any and all instructions Provider gives Sub -merchant from time to time regarding payment processing provided hereunder. Sub -merchant agrees that Provider may investigate and audit Sub -merchant's compliance with this Sub - Merchant Agreement from time to time, and Sub -merchant agrees to cooperate fully with Provider in any investigation or audit. Sub -merchant acknowledges and agrees that this paragraph is a material obligation of this Sub -Merchant Agreement. 3. Rates and Settlement. Provider's current rates for the Provider Services are as set forth on the applicable Order Form between GolfNow and Sub -merchant. Card Present and Card Not Present transactions are as defined/categorized by Provider. For the avoidance of doubt, Sub -merchant shall be fully and solely liable for any and all chargebacks, including any excessive chargebacks. Upon receipt of Sub -merchant's sales data for card transactions, Acquirer will process Sub -merchant's sales data to facilitate the funds transfer between the various Associations and Sub -merchant. After Acquirer receives credit for such sales data, Provider will provide funding instructions to Acquirer, and Acquirer will then fund Sub -merchant through Sub -merchant's designated demand deposit account ("Sub -merchant -Owned Designated Account") and/or Provider through Provider's designated demand deposit account ("Provided Designated Account") as directed. As applicable, Acquirer will debit the Provider Designated Account and/or Sub -merchant -Owned Designated Account for funds owed to Acquirer as a result of the Acquirer Services provided hereunder. Further, if a cardholder disputes a transaction, if a transaction is charged back for any reason, or if Acquirer or Provider reasonably believes a transaction is unauthorized or otherwise unacceptable, the amount of such transaction may be charged back and debited from Sub -merchant. Provider, in its sole discretion, may change the following at any time for any reason upon providing Sub -Merchant with thirty (30) days written notice: • The blended rate or any other rates charged for the Acquirer Services • The frequency of settlement • The chargeback fee • The rates for any additional surcharges 4. Term and Termination. Sub -merchant agrees to provide Provider with such information as Provider may request in order to confirm that Sub -merchant is eligible to use the Acquirer Services, and Sub -merchant agrees that all information Sub -merchant provides to Provider for that purpose will be accurate and complete. In addition, Sub -merchant will furnish to Provider from time to time, promptly upon Provider's request, (i) a list of the current addresses of all Sub -merchant's offices, (ii) a list of all assumed business names (d/b/a's) used by Sub -merchant, and (iii) a list of all products and services provided by Sub -merchant. Sub -merchant acknowledges that even though Sub -merchant signs up for the payment processing feature of the Service, Sub -merchant is not guaranteed use of that feature of the Service. The payment processing feature will not be available to Sub -merchant unless and until Provider has confirmed that Sub -merchant is eligible to use the Acquirer Services and this Sub -Merchant has become binding on all parties, as set forth in the paragraph below. If that occurs, the services of Provider and Acquirer described herein will be part of the Service and will be provided to Sub -merchant subject to and in accordance with the Agreement; provided that, if there is any conflict between the terms of this Sub -Merchant Agreement and the Agreement, then to the extent such terms apply to payment processing, the terms of this Sub -Merchant Agreement shall Page 9 of 11 23 control. This Sub -Merchant Agreement shall be binding upon Sub -merchant's execution. The term of this Sub -Merchant Agreement shall begin, and the terms of the Agreement shall be deemed accepted and binding upon Acquirers and Provider, on the date Acquirers accept this Agreement by issuing a merchant identification number, and shall terminate when Provider's Agreement with Sub -merchant terminates. Notwithstanding the foregoing, Acquirers may immediately cease providing Acquirer Services and/or terminate this Sub -Merchant Agreement without notice if (i) Sub -merchant or Provider fails to pay any amount to Acquirers when due, (ii) in Acquirers' opinion, provision of a service to Sub -merchant or Provider may be a violation of the Operating Regulations, or any applicable state, federal, or local laws, rules, and regulations ("Laws"), (iii) Acquirers believes that Sub -merchant has violated or is likely to violate the Operating Regulations or the Laws, (iv) Acquirer's agreement with Provider terminates, or (v) Acquirers or Providers are required to do so by any of the Associations. Further, Provider may terminate this Sub -Merchant Agreement at any time, in Provider's sole discretion, without prior notice to Sub -merchant. If this Sub -Merchant Agreement is terminated by any party hereto, the provisions of section 3 above will continue to apply until Sub -merchant has paid all amounts owed to Acquirer and/or Provider in respect of the Acquirer Service provided by Provider prior to termination. 5. Indemnification and Limits of Liability. Sub -merchant agrees to provide Acquirers, via a communication with Provider, with written notice, specifically detailing any alleged breach by Acquirer of this Sub -Merchant Agreement, within thirty (30) days of the date on which the alleged failure or error first occurred; failure to so provide notice shall be deemed an acceptance by Sub -merchant and a waiver of any and all rights to dispute such failure or error. Acquirers shall bear no liability and have no obligations to correct any errors resulting from Sub- merchant's failure to comply with the duties and obligations of the preceding sentence. To the extent allowed by law, without waiving its sovereign immunity, Sub -merchant shall indemnify and hold harmless Acquirers, and their directors, officers, employees, affiliates, and agents from and against all proceedings, claims, demands, losses, liabilities, damages and expenses resulting from or otherwise arising out of (i) the Acquirer Services in this Sub -Merchant Agreement, (ii) Sub -merchant's or Sub -merchant's employees and agents acts or omissions in connection with the Acquirer Services provided pursuant to this Sub -Merchant Agreement, (iii) any infiltration, hack, breach, or violation of the processing system resulting from, arising out of, or in any way related to Sub -merchant's ability to use of the Acquirer Services provided herein including but not limited to Sub -merchant's use of an Agent or any other third party processor or system or (iv) any issue between Sub -merchant and Provider. This indemnification shall survive the termination of the Sub -Merchant Agreement. Sub - merchant's sole and exclusive remedy for any and all claims against Acquirers arising out of or in anyway related to the transactions contemplated herein shall be termination of this Sub -Merchant Agreement. In the event that Sub -merchant has any claim arising in connection with the Acquirer Services, rights, and/or obligations defined in this Sub- Merchant Agreement, Sub -merchant shall proceed against Provider and not against Acquirers, unless otherwise specifically set forth in the Operating Regulations. In no event shall Acquirers have any liability to Sub -merchant with respect to this Sub -Merchant Agreement or the Acquirer Services. Sub -merchant acknowledges Acquirers are only providing this Sub -Merchant Agreement to assist in Provider's processing relationship with Sub -merchant, that Acquirers are not liable for any action or failure to act by Provider, and that Acquirers shall have no liability whatsoever in connection with any products or services provided to Sub -merchant by Provider. 6. Special MasterCard Terms. As used in this Section 7: (i) "Corporation" means MasterCard International Incorporated, Maestro International Inc., and their subsidiaries and affiliates; (ii) "Interchange System" means the computer hardware and software operated by and on behalf of the Corporation for the routing, processing, and settlement of transactions; (iii) "Marks" means the names, logos, trade names, logotypes, trademarks, service marks, trade designations, and other designations, symbols, and marks that the Corporation owns, manages, licenses, or otherwise controls and makes available for use by authorized entities in accordance with the Standards, and "Mark" means any one of the Marks; and (iv) "Standards" means the Amended and Restated Certificate of Incorporation and the bylaws, operating rules, regulations, policies, and procedures of the Corporation, including but not limited to any manuals, guides or bulletins, as may be amended from time totime. Sub -merchant acknowledges and agrees: (i) Sub -merchant will comply at all times with all applicable Standards, as amended from time to time; (ii) the Corporation is the sole and exclusive owner of the Marks, and Sub -merchant will not contest the ownership of the Marks forany reason; (iii) the Corporation may at any time, immediately and without advance notice, prohibit the Sub -merchant from using any of the Marks for any reason; and (iv) the Corporation has the right to enforce any provision of the Standards and to prohibit the Sub -merchant and/or Provider from engaging in any conduct the Corporation deems could injure or could create a risk of injury to the Corporation, including injury to reputation, or that could adversely affect the integrity of the Interchange System, the Corporation's "confidential information" (as defined in the Standards), or both; and Sub -merchant will not take any action that could interfere with or prevent the exercise of this right by the Corporation. Sub -merchant agrees that Provider may require any changes to Sub -merchant's website or otherwise that Provider deems necessary or appropriate to ensure that Sub -merchant remains in compliance with the Standards governing the use of the Marks. In addition to the termination provisions set forth in Section 4, this Sub -Merchant Agreement will automatically and immediately terminate if the Corporation de -registers Provider or if an Acquirer ceases to be approved by the Corporation for any reason or if such Acquirer fails to have a valid license with the Corporation to use any Mark accepted by Sub -merchant. Further, Provider, at its discretion or at the direction of an Acquirer or the Corporation, may terminate the Sub -Merchant Agreement immediately for activity deemed to be fraudulent or otherwise wrongful by Provider, an Acquirer, or the Corporation. In the event of any conflict or inconsistency between any provision of this Sub -Merchant Agreement and the Standards, the Standards will govern as to any transaction involving the Corporation or its cards. 7. Miscellaneous. This Sub -Merchant Agreement is entered into, governed by, and construed pursuant to the laws of the State of Ohio for Acquirer and its Member Page 10 of 11 24 Bank, and Florida for Provider, without regard to conflicts of law provisions. This Sub -Merchant Agreement may not be assigned by Sub -merchant without the prior written consent of both Acquirers and Provider. This Sub -Merchant Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, transferees and assignees. Acquirers and/or Provider may amend this Sub -Merchant Agreement upon notice to Sub -merchant. If any provision of this Sub -Merchant Agreement is determined to be illegal or invalid, such illegality or invalidity of that provision will not affect any of the remaining provisions and this Sub -Merchant Agreement will be construed as if such provisior is not contained in the Sub -Merchant Agreement. "Member Bank" as used in this Sub -Merchant Agreement shall mean a member of VISA, MasterCard and/or Discover, as applicable, that provides sponsorship services in connection with this Sub -Merchant Agreement. As of the commencement of this Sub -Merchant Agreement, Member Banks shall be Fifth Third Bank, an Ohio Banking Corporation, located at 38 Fountain Square Plaza, Cincinnati, OH 45263. The Member Banks are party to this Sub -Merchant Agreement. The Member Banks may be changed, and their rights and obligations assigned to another party by Acquirers at any time without notice to Sub -merchant. Page 11 of 11 25 M Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: December 4, 2023 Subject: Miscellaneous Budget Amendment 01 Description and Conditions: 1. The Board of County Commissioners approved a 6% or $1.25 per hour, whichever is greater, general wage increase agreed upon by the Teamsters Local Union No. 769 and a 6% general wage increase agreed upon by the Indian River County Firefighters/Paramedics Association, Local 2201, IAFF on August 15, 2023 for the FY 23/24 budget year. Exhibit "A" appropriates the funding for general wage increases from the various funds. 2. On September 26, 2023, the Board of County Commissioners approved the Florida E 911 state grant. Exhibit "A" appropriates the funding of $207,473 to the revenue and expense accounts. 3. On September 26, 2023, the Board of County Commissioners approved the Florida Department of Environmental Protection Resilient Florida Grant. Exhibit "A" appropriates the funding of $248,675 to the revenue and expense accounts. 4. On October 17, 2023, the Board of County Commissioners approved the addition of AM -505.1 Tuition Assistance to the Administrative Policy Manual and the associated funding. Exhibit "A" appropriates $25,000 from General Fund/Reserve for Contingency. 5. On October 31, 2023, the Board of County Commissioners approved the Emergency Management Program Grant. Exhibit "A" appropriates the funding of $80,833 to the revenue and expense accounts. 6. On November 7, 2023, the Board of County Commissioners approved the Indian River Lagoon Council Small Grant for the garden projects at the Victor Hart Sr. Community Enhancement Complex. Exhibit "A" appropriates the funding of $4,923 to the revenue and expense accounts. 7. On November 7, 2023, the Board of County Commissioners approved funding the twenty-six helical piers to be installed at the World War II Tribute in Veterans Memorial Island Sanctuary. Exhibit "A" appropriates $33,750 from General Fund/Reserve for Contingency. 8. The Property Appraiser has submitted two budget amendments approved by the Department of Revenue totaling $48,921. Exhibit "A" appropriates the County's portion of $41,992 from General Fund/Reserve for Contingency and $6,929 from Emergency Services/Reserve for Contingency. 26 Members of the Board of County Commissioners December 4, 2023 Page 2 9. Route 60 Hyundai and the Chiarenza Agency has generously committed to donate $2,000 per month, beginning July 2023 through June 2024, towards recreation expenses. Exhibit "A" appropriates $18,000 for the current fiscal year. 10. The Metropolitan Planning Organization's (MPO) FTA Section 5305 Grant needs to be rolled over. Exhibit "A" appropriates the balances of the grants' revenues and expenses into the current fiscal year. 11. On June 20 2023, the Board of County Commissioners approved the renewal of the annual HUD Grants for the Continuum of Care (CoC) Programs. Exhibit "A" appropriates the balances of the grants' revenues and expenses into the current fiscal year. 12. On August 29, 2023, the Board of County Commissioners approved the Public Transportation Grant Agreement of $150,000 for Intercounty Bus Services. Additionally, balances of the FTA Sec 5307, Sec 5311 and Sec 5339 grants need to be rolled over. Exhibit "A" appropriates the grants' revenues and expenses. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2023-24 budget. 27 RESOLUTION NO. 2023- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2023-2024 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2023-2024 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 2023-2024 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 2023-2024 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph Earman Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2023. Attest: Ryan L. Butler Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 28 Resolution No. 2023 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease General Fund/BCC Dept/Executive Salaries 00110111-011110 $22,385 $0 General Fund/BCC Dept/Regular Salaries 00110111-011120 $14,626 $0 General Fund/BCC Dept/Part-Time Salaries 00110111-011130 $1,300 $0 General Fund/BCC Dept/Social Security 00110111-012110 $2,376 $0 General Fund/BCC Dept/Retirement Contribution 00110111-012120 $15,466 $0 General Fund/BCC Dept/Insurance 00110111-012130 $119 $0 General Fund/BCC Dept/Medicare Matching 00110111-012170 $556 $0 General Fund/County Attorney/Salaries 00110214-011120 $38,021 $0 General Fund/County Attorney/Social Security 00110214-012110 $2,358 $0 General Fund/County Attorney/Retirement Contribution 00110214-012120 $8,381 $0 General Fund/County Attorney/Insurance 00110214-012130 $119 $0 General Fund/County Attorney/Medicare 00110214-012170 $552 $0 General Fund/Main Library/Salaries 00110971-011120 $72,094 $0 1. Expense General Fund/Main Library/Part-Time Salaries 00110971-011130 $11,423 $0 General Fund/Main Library/Social Security 00110971-012110 $5,179 $0 General Fund/Main Library/Retirement Contribution 00110971-012120 $12,142 $0 General Fund/Main Library/Insurance 00110971-012130 $260 $0 General Fund/Main Library/Medicare 00110971-012170 $1,212 $0 General Fund/NC Library/Salaries 00111271-011120 $31,459 $0 General Fund/NC Library/Part-Time Salaries 00111271-011130 $7,280 $0 General Fund/NC Library/Social Security 00111271-012110 $2,402 $0 General Fund/NC Library/Retirement Contribution 00111271-012120 $5,436 $0 General Fund/NC Library/Insurance 00111271-012130 $119 $0 General Fund/NC Library/Medicare 00111271-012170 $562 $0 General Fund/Brackett Library/Salaries 00111371-011120 $10,681 $0 General Fund/Brackett Library/Part-Time Salaries 00111371-011130 $6,728 $0 General Fund/Brackett Library/Social Security 00111371-012110 $1,080 $0 1 o 16 29 Resolution No. 2023 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease General Fund/Brackett Library/Retirement Contribution 00111371-012120 $2,446 $0 General Fund/Brackett Library/Insurance 00111371-012130 $55 $0 General Fund/Brackett Library/Medicare 00111371-012170 $253 $0 General Fund/Soil-Water Cons/Salaries 00111837-011120 $2,438 $0 General Fund/Soil-Water Cons/Social Security 00111837-012110 $152 $0 General Fund/Soil-Water Cons/Retirement Contribution 00111837-012120 $339 $0 General Fund/Soil-Water Cons/Insurance 00111837-012130 $10 $0 General Fund/Soil-Water Cons/Medicare 00111837-012170 $36 $0 General Fund/Law Library/Salaries 00111914-011120 $3,237 $0 General Fund/Law Library/Social Security 00111914-012110 $201 $0 General Fund/Law Library/Retirement Contribution 00111914-012120 $452 $0 General Fund/Law Library/Insurance 00111914-012130 $13 $0 General Fund/Law Library/Medicare 00111914-012170 $47 $0 1. Expense General Fund/Children's Services/Salaries 00112869-011120 $5,528 $0 General Fund/Children's Services/Social Security 00112869-012110 $343 $0 General Fund/Children's Services/Retirement 00112869-012120 $772 $0 General Fund/Children's Services/Insurance 00112869-012130 $19 $0 General Fund/Children's Services/Medicare 00112869-012150 $81 $0 General Fund/Administrator/Salaries 00120112-011120 $48,635 $0 General Fund/Administrator/Social Security 00120112-012110 $3,016 $0 General Fund/Administrator/Retirement Contribution 00120112-012120 $13,400 $0 General Fund/Administrator/Insurance 00120112-012130 $150 $0 General Fund/Administrator/Medicare 00120112-012170 $706 $0 General Fund/Human Services/Salaries 00120213-011120 $11,196 $0 General Fund/Human Services/Social Security 00120213-012110 $695 $0 General Fund/Human Services/Retirement Contribution 00120213-012120 $1,544 $0 General Fund/Human Services 00120213-012130 $37 $0 2 o 16 30 Resolution No. 2023 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease General Fund/Human Services/Medicare 00120213-012170 $163 $0 General Fund/Human Resources/Salaries 00120313-011120 $31,866 $0 General Fund/Human Resources/Social Security 00120313-012110 $1,976 $0 General Fund/Human Resources/Retirement Contribution 00120313-012120 $4,420 $0 General Fund/Human Resources/Insurance 00120313-012130 $98 $0 General Fund/Human Resources/Medicare 00120313-012170 $463 $0 General Fund/Veterans Services/Salaries 00120653-011120 $6,774 $0 General Fund/Veterans Services/Part-time Salaries 00120653-011130 $7,283 $0 General Fund/Veterans Services/Social Security 00120653-012110 $872 $0 General Fund/Veterans Services/Insurance 00120653-012120 $1,970 $0 General Fund/Veterans Services/Retirement 00120653-012130 $46 $0 General Fund/Veterans/Medicare 00120653-012170 $204 $0 General Fund/Emergency Mgmt./Salaries 00120825-011120 $23,544 $0 1. Expense General Fund/Emergency Mgmt./Social Security 00120825-012110 $1,460 $0 General Fund/Emergency Mgmt./Retirement 00120825-012120 $3,267 $0 General Fund/Emergency Mgmt./Insurance 00120825-012130 $74 $0 General Fund/Emergency Mgmt./Medicare 00120825-012170 $342 $0 General Fund/Parks/Salaries 00121072-011120 $92,775 $0 General Fund/Parks/Part-time Salaries 00121072-011130 $3,250 $0 General Fund/Parks/Social Security 00121072-012110 $5,955 $0 General Fund/Parks/Retirement 00121072-012120 $19,304 $0 General Fund/Parks/Insurance 00121072-012130 $297 $0 General Fund/Parks/Medicare 00121072-012170 $1,394 $0 General Fund/Human Services/Salaries 00121164-011120 $4,601 $0 General Fund/Human Services/Social Security 00121164-012110 $286 $0 General Fund/Human Services/Retirement 00121164-012120 $641 $0 General Fund/Human Services/Insurance 00121164-012130 $16 $0 3 of 16 31 Resolution No. 2023 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease General Fund/Human Services/Medicare 00121164-012170 $67 $0 General Fund/AG Extension/Salaries 00121237-011120 $9,752 $0 General Fund/AG Extension/Social Security 00121237-012110 $605 $0 General Fund/AG Extension/Retirement 00121237-012120 $1,368 $0 General Fund/AG Extension/Insurance 00121237-012130 $31 $0 General Fund/AG Extension/Medicare 00121237-012170 $142 $0 General Fund/Parks-Conservation/Salaries 00121572-011120 $16,389 $0 General Fund/Parks-Conservation/Social Security 00121572-012110 $1,017 $0 General Fund/Parks-Conservation/Retirement 00121572-012120 $2,397 $0 General Fund/Parks-Conservation/Insurance 00121572-012130 $56 $0 General Fund/Parks-Conservation/Medicare 00121572-012170 $239 $0 General Fund/Purchasing/Salaries 00121613-011120 $11,713 $0 General Fund/Purchasing/Social Security 00121613-012110 $727 $0 1. Expense General Fund/Purchasing/Retirement 00121613-012120 $1,639 $0 General Fund/Purchasing/Insurance 00121613-012130 $37 $0 General Fund/Purchasing/Medicare 00121613-012170 $170 $0 General Fund/Facilities Mgmt./Salaries 00122019-011120 $69,153 $0 General Fund/Facilities Mgmt./Social Security 00122019-012110 $4,289 $0 General Fund/Facilities Mgmt./Retirement 00122019-012120 $13,375 $0 General Fund/Facilities Mgmt./Insurance 00122019-012130 $214 $0 General Fund/Facilities Mgmt./Medicare 00122019-012170 $1,004 $0 General Fund/Office of Mgmt./Budget/ Salaries 00122913-011120 $22,076 $0 General Fund/Office of Mgmt./Budget/Social Security 00122913-012110 $1,369 $0 General Fund/Office of Mgmt./Budget/ Retirement 00122913-012120 $3,065 $0 General Fund/Office of Mgmt./Budget/ Insurance 00122913-012130 $71 $0 General Fund/Office of Mgmt./Budget/Medicare 00122913-012170 $321 $0 General Fund/FPL Grant/Salaries 00123725-011120 $3,158 $0 4 o 16 32 Resolution No. 2023 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease General Fund/FPL Grant/Social Security 00123725-012110 $196 $0 General Fund/FPL Grant/Retirement 00123725-012120 $441 $0 General Fund/FPL Grant/Insurance 00123725-012130 $13 $0 General Fund/FPL Grant/Medicare 00123725-012170 $46 $0 General Fund/Emergency Base Grant/Salaries 00123825-011120 $5,153 $0 General Fund/Emergency Base Grant/Social Security 00123825-012110 $320 $0 General Fund/Emergency Base Grant/Retirement 00123825-012120 $719 $0 General Fund/Emergency Base Grant/insurance 00123825-012130 $19 $0 General Fund/Emergency Base Grant/Medicare 00123825-012170 $75 $0 General Fund/Animal Control/Salaries 00125062-011120 $29,585 $0 General Fund/Animal Control/Social Security 00125062-012110 $1,835 $0 General Fund/Animal Control/Retirement 00125062-012120 $4,311 $0 General Fund/Animal Control/Insurance 00125062-012130 $92 $0 1. Expense General Fund/Animal Control/Medicare 00125062-012170 $429 $0 General Fund/Mailroom/Salaries 00125119-011120 $2,438 $0 General Fund/Mailroom/Part-time Salaries 00125119-011130 $2,926 $0 General Fund/Mailroom/Social Security 00125119-012110 $333 $0 General Fund/Mailroom/Retirement 00125119-012120 $753 $0 General Fund/Mailroom/Insurance 00125119-012130 $19 $0 General Fund/Mailroom/Medicare 00125119-012170 $78 $0 General Fund/Lagoon/Salaries 00128337-011120 $6,718 $0 General Fund/Lagoon/Social Security 00128337-012110 $417 $0 General Fund/Lagoon/Retirement 00128337-012120 $941 $0 General Fund/Lagoon/Insurance 00128337-012130 $22 $0 General Fund/Lagoon/Medicare 00128337-012170 $98 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $805,879 MSTU/NCAC/Salaries 00410472-011120 $9,448 $0 5of 16 33 Resolution No. 2023 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease MSTU/NCAC/Part-Time Salaries 00410472-011130 $25,977 $0 MSTU/NCAC/Budgeted Temp Salaries 00410472-011190 $8,213 $0 MSTU/NCAC/Social Security 00410472-012110 $2,707 $0 MSTU/NCAC/Retirement 00410472-012120 $6,184 $0 MSTU/NCAC/Insurance 00410472-012130 $135 $0 MSTU/NCAC/Medicare 00410472-012170 $633 $0 MSTU/GAC/Salaries 00410572-011120 $7,500 $0 MSTU/GAC/Part-Time Salaries 00410572-011130 $15,145 $0 MSTU/GAC/Budgeted Temp Salaries 00410572-011190 $5,825 $0 MSTU/GAC/Social Security 00410572-012110 $1,766 $0 MSTU/GAC/Retirement 00410572-012120 $3,853 $0 MSTU/GAC/Insurance 00410572-012130 $92 $0 MSTU/GAC/Medicare 00410572-012170 $414 $0 1. Expense MSTU/Recreation/Salaries 00410872-011120 $31,867 $0 MSTU/Recreation/Part-time Salaries 00410872-011130 $5,589 $0 MSTU/Recreation/Social Security 00410872-012110 $2,323 $0 MSTU/Recreation/Retirement 00410872-012120 $5,629 $0 MSTU/Recreation/Insurance 00410872-012130 $116 $0 MSTU/Recreation/Medicare 00410872-012170 $544 $0 MSTU/IG Building/Salaries 00411572-011120 $15,968 $0 MSTU/IG Building/Part-Time Salaries 00411572-011130 $3,900 $0 MSTU/IG Building/Social Security 00411572-012110 $1,233 $0 MSTU/IG Building/Retirement 00411572-012120 $3,200 $0 MSTU/IG Building/Insurance 00411572-012130 $65 $0 MSTU/IG Building/Medicare 00411572-012170 $289 $0 MSTU/Beach Parks/Salaries 00411672-011120 $31,413 $0 MSTU/Beach Parks/Part-time Salaries 00411672-011130 $12,935 $0 6of 16 34 Resolution No. 2023 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease MSTU/Beach Parks/Social Security 00411672-012110 $2,751 $0 MSTU/Beach Parks/ Retirement 00411672-012120 $7,841 $0 MSTU/Beach Parks/Insurance 00411672-012130 $138 $0 MSTU/Beach Parks/Medicare 00411672-012170 $644 $0 MSTU/Shooting Range/Salaries 00416172-011120 $15,431 $0 MSTU/Shooting Range/Part-time Salaries 00416172-011130 $16,023 $0 MSTU/Shooting Range/Budgeted Temp 00416172-011190 $2,216 $0 MSTU/Shooting Range/Social Security 00416172-012110 $2,088 $0 MSTU/Shooting Range/Retirement 00416172-012120 $5,031 $0 MSTU/Shooting Range/Insurance 00416172-012130 $104 $0 MSTU/Shooting Range/Medicare 00416172-012170 $489 $0 MSTU/Planning & Dev/Salaries 00420415-011120 $12,547 $0 MSTU/Planning & Dev/Social Security 00420415-012110 $778 $0 1. Expense MSTU/Planning& Dev/Retirement 00420415-012120 $1,731 $0 MSTU/Planning& Dev/Insurance 00420415-012130 $40 $0 MSTU/Planning& Dev/Medicare 00420415-012170 $182 $0 MST U/Planning/Salaries 00420515-011120 $64,211 $0 MSTU/Planning/Part-time Salaries 00420515-011130 $2,625 $0 MSTU/Planning/Social Security 00420515-012110 $4,144 $0 MSTU/Planning/Retirement 00420515-012120 $9,537 $0 MSTU/Planning/Insurance 00420515-012130 $205 $0 MSTU/Planning/Medicare 00420515-012170 $970 $0 MSTU/Code Enf/Salaries 00420724-011120 $22,480 $0 MSTU/Code Enf./Social Security 00420724-012110 $1,394 $0 MSTU/Code Enf./Retirement 00420724-012120 $3,587 $0 MSTU/Code Enf./Insurance 00420724-012130 $71 $0 MSTU/Code Enf./Medicare 00420724-012170 $326 $0 7of16 35 Resolution No. 2023 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease MSTU/Natural Resources/Salaries 00423137-011120 $19,617 $0 MSTU/Natural Resources/Social Security 00423137-012110 $1,217 $0 MSTU/Natural Resources/Retirement 00423137-012120 $2,727 $0 MSTU/Natural Resources/Insurance 00423137-012130 $61 $0 MSTU/Natural Resources/Medicare 00423137-012170 $285 $0 MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $404,454 Transportation Fund/Road & Bridge/Salaries 11121441-011120 $209,971 $0 Transportation Fund/Road & Bridge/Social 11121441-012110 $13,019 $0 Security Transportation Fund/Road & 11121441-012120 $43,645 $0 Bridge/Retirement Transportation Fund/Road & Bridge/Insurance 11121441-012130 $645 $0 Life & Health Transportation Fund/Road & Bridge/Medicare 11121441-012170 $3,045 $0 Transportation Fund/Public Works/Salaries 11124319-011120 $15,329 $0 Transportation Fund/Public Works/Social 11124319-012110 $951 $0 Security 1. Expense Transportation Fund/Public Works/Retirement 11124319-012120 $2,118 $0 Transportation Fund/Public Works/ Insurance 11124319-012130 $49 $0 Transportation Fund/Public Works/Medicare 11124319-012170 $223 $0 Transportation Fund/Engineering/Salaries 11124441-011120 $139,676 $0 Transportation Fund/Engineering/Social 11124441-012110 $8,661 $0 Security Transportation Fund/Engineering/Retirement 11124441-012120 $20,704 $0 Transportation Fund/Engineering/Insurance 11124441-012130 $431 $0 Transportation Fund/Engineering/Medicare 11124441-012170 $2,026 $0 Transportation Fund/Traffic Engineering/ 11124541-011120 $85,524 $0 Salaries Transportation Fund/Traffic Engineering/ 11124541-012110 $5,303 $0 Social Security Transportation Fund/Traffic Engineering/ 11124541-012120 $14,049 $0 Retirement Transportation Fund/Traffic Engineering/ 11124541-012130 $263 $0 Insurance Transportation Fund/Traffic Engineering/ 11124541-012170 $1,241 $0 Medicare Transportation Fund/Stormwater/Salaries 11128138-011120 $31,868 $0 8of16 36 Resolution No. 2023 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Transportation Fund/Stormwater/Social Security 11128138-012110 $1,977 $0 Transportation Fund/Stormwater/Retirement 11128138-012120 $5,578 $0 Transportation Fund/Stormwater/Insurance 11128138-012130 $102 $0 Transportation Fund/Stormwater/Medicare 11128138-012170 $463 $0 Transportation Fund/Reserves/Reserve for Contingency 11119981-099910 $0 $606,861 Emergency Services/Fire Rescue/Salaries 11412022-011120 $1,328,839 $0 Emergency Services/Fire Rescue/Social Security 11412022-012110 $82,388 $0 Emergency Services/Fire Rescue/ Retirement 11412022-012120 $407,492 $0 Emergency Services/Fire Rescue/Insurance 11412022-012130 $4,039 $0 Emergency Services/Fire Rescue/Medicare 11412022-012170 $19,270 $0 Emergency Services/Fire Rescue/Worker's Compensation 11412022-012140 $50,073 $0 Emergency Services/Fire Rescue/Reserve for Contingency 11412022-099910 $0 $1,892,101 SWDD/Sanitary Landfill/Salaries 41121734-011120 $38,568 $0 1. Expense SWDD/Sanitary Landfill/Social Security 41121734-012110 $2,393 $0 SWDD/Sanitary Landfill/Retirement 41121734-012120 $5,480 $0 SWDD/Sanitary Landfill/Insurance 41121734-012130 $123 $0 SWDD/Sanitary Landfill/Medicare 41121734-012170 $560 $0 SWDD/CCC & Recycle/Salaries 41125534-011120 $5,870 $0 SWDD/CCC & Recycle/Social Security 41125534-012110 $365 $0 SWDD/CCC & Recycle/Retirement 41125534-012120 $822 $0 SWDD/CCC & Recycle/Insurance 41125534-012130 $19 $0 SWDD/CCC & Recycle/Medicare 41125534-012170 $86 $0 SWDD/Sanitary Landfill/Reserves/Reserve for Contingency 41121734-099910 $0 $54,286 Impact Fees/Planning Admin/Salaries 10320415-011120 $4,490 $0 Impact Fees/Planning Admin/Social Security 10320415-012110 $279 $0 Impact Fees/Planning Admin/Retirement 10320415-012120 $625 $0 Impact Fees/Planning Admin/Insurance 10320415-012130 $16 $0 9 of 16 37 Resolution No. 2023 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Impact Fees/Planning Admin/Medicare 10320415-012170 $66 $0 Impact Fees/Planning Admin/Reserve for 10320415-099910 $0 $5,476 Contingency Section 8/Rental Assistance/Salaries 10822264-011120 $14,770 $0 Section 8/Rental Assistance/Social Security 10822264-012110 $916 $0 Section 8/Rental Assistance/Retirement 10822264-012120 $2,068 $0 Section 8/Rental Assistance/Insurance 10822264-012130 $46 $0 Section 8/Rental Assistance/Medicare 10822264-012170 $215 $0 Section 8/Rental Assistance/Reserve for 1 0822 264-09991 0 $0 $18,015 Contingency Secondary Roads/Road & Bridge/Salaries 10921441-011120 $986 $0 Secondary Roads/Road & Bridge/Social 10921441-012110 $62 $0 Security Secondary Roads/Road & Bridge/Retirement 10921441-012120 $132 $0 Secondary Roads/Road & Bridge/Insurance 10921441-012130 $4 $0 Secondary Roads/Road & Bridge/Medicare 10921441-012170 $15 $0 1. Expense Secondary Roads/Engineering/Salaries 10924441-011120 $22,058 $0 Secondary Roads/Engineering/Social Security 10924441-012110 $1,368 $0 Secondary Roads/Engineering/Retirement 10924441-012120 $3,053 $0 Secondary Roads/Engineering/Insurance 10924441-012130 $71 $0 Secondary Roads/Engineering/Medicare 10924441-012170 $320 $0 Secondary Roads/Real Estate 10924741-011120 $2,889 $0 Acquisition/Salaries Secondary Roads/Real Estate 10924741-012110 $180 $0 Acquisition/Social Security Secondary Roads/Real Estate 10924741-012120 $402 $0 Acquisition/Retirement Secondary Roads/Real Estate 10924741-012130 $10 $0 Acquisition/Insurance Secondary Roads/Real Estate 10924741-012170 $42 $0 Acquisition/Medicare Secondary Roads/Reserves/Reserve for 10919981-099910 $0 $31,592 Contingency 911 Surcharge/Communication 12013325-011120 $9,984 $0 Center/Salaries 911 Surcharge/Communication Center/Social 12013325-012110 $620 $0 Security 911 Surcharge/Communication 12013325-012120 $1,398 $0 Center/Retirement 10 of 16 38 %me mii77i4row.0yXI Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease 911 Surcharge/Communication 12013325-012130 $31 $0 Center/Insurance 911 Surcharge/Communication 12013325-012170 $145 $0 Center/Medicare 911 Surcharge/Communication 12013325-099910 $0 $12,178 Center/Reserve for Contingency SHIP/SHIP Program/Salaries 12322869-011120 $4,876 $0 SHIP/SHIP Program/Social Security 12322869-012110 $303 $0 SHIP/SHIP Program/Retirement 12322869-012120 $683 $0 SHIP/SHIP Program/Insurance 12322869-012130 $16 $0 SHIP/SHIP Program/Medicare 12322869-012170 $71 $0 SHIP/SHIP Program/Reserve for Contingency 12322869-099910 $0 $5,949 MPO/Planning/Salaries 12420415-011120 $18,693 $0 MPO/Planning/Social Security 12420415-012110 $1,160 $0 MPO/Planning/Retirement 12420415-012120 $2,598 $0 MPO/Planning/Insurance 12420415-012130 $58 $0 MPO/Planning/Medicare 12420415-012170 $272 $0 1. Expense MPO/Planning/Reserve for Contingency 12420415-099910 $0 $22,781 Beach Restoration Fund/Salaries 12814472-011120 $15,776 $0 Beach Restoration Fund/Social Security 12814472-012110 $979 $0 Beach Restoration Fund/Retirement 12814472-012120 $2,210 $0 Beach Restoration Fund/Insurance 12814472-012130 $49 $0 Beach Restoration Fund/Medicare 12814472-012170 $229 $0 Beach Restoration Fund/Reserve for 12814472-099910 $0 $19,243 Contingency Sandridge Golf 41823672-011120 $16,244 $0 Course/Admin/Clubhouse/Salaries Sandridge Golf Course/Admin/Part-time 41823672-011130 $29,966 $0 Salaries Sandridge Golf Course/Admin/Budgeted 41823672-011190 $8,998 $0 Temp Positions Sandridge Golf 41823672-012110 $3,424 $0 Course/Admin/Clubhouse/Social Security Sandridge Golf 41823672-012120 $7,184 $0 Course/Admin/Clubhouse/Retirement Sandridge Golf 41823672-012130 $172 $0 Course/Admin/Clubhouse/Insurance Sandridge Golf 41823672-012170 $801 $0 Course/Admin/Clubhouse/Medicare 11 of 16 39 Resolution No. 2023 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Sandridge Golf Course/Admin/Clubhouse/Reserve for 41823672-099910 $0 $66,789 Contingency County Building/Building Dept/Salaries 44123324-011120 $140,068 $0 County Building/Building Dept/Social Security 44123324-012110 $8,685 $0 County Building/Building Dept/Retirement 44123324-012120 $21,736 $0 County Building/Building Dept/insurance 44123324-012130 $430 $0 County Building/Building Dept/Medicare 44123324-012170 $2,031 $0 County Building/Building Dept/Reserve for 44123324-099910 $0 $172,950 Contingency Utilities Dept/Wastewater Treatment/Salaries 47121836-011120 $64,033 $0 Utilities Dept/Wastewater Treatment/Social 47121836-012110 $3,972 $0 Security Utilities Dept/Wastewater 47121836-012120 $11,773 $0 Treatment/Retirement Utilities Dept/Wastewater Treatment/ 47121836-012130 $199 $0 Insurance Utilities Dept/Wastewater Treatment/Medicare 47121836-012170 $929 $0 Utilities Dept/Water Production/Salaries 47121936-011120 $87,741 $0 1 Expense Utilities Dept/Water Production/Social 47121936-012110 $5,441 $0 Security Utilities Dept/Water Production/Retirement 47121936-012120 $13,921 $0 Utilities Dept/Water Production/Insurance 47121936-012130 $269 $0 Utilities Dept/Water Production/Medicare 47121936-012170 $1,273 $0 Utilities Dept/General & Engineering/Salaries 47123536-011120 $99,796 $0 Utilities Dept/General & Engineering/Social 47123536-012110 $6,188 $0 Security Utilities Dept/General & Engineering/ 47123536-012120 $14,604 $0 Retirement Utilities Dept/General & Engineering/ 47123536-012130 $305 $0 Insurance Utilities Dept/General & Engineering/ 471 23536-01 21 70 $1,448 $0 Medicare Utilities Dept/Customer Service/Salaries 47126536-011120 $89,278 $0 Utilities Dept/Customer Service/Part-Time 47126536-011130 $2,600 $0 Salaries Utilities Dept/Customer Service/Social 47126536-012110 $5,698 $0 Security Utilities Dept/Customer Service/Retirement 47126536-012120 $14,224 $0 Utilities Dept/Customer Service/Insurance 47126536-012130 $285 $0 12 of 16 40 Resolution No. 2023 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Utilities Dept/CustomerService/Medicare 47126536-012170 $1,333 $0 Utilities Dept/Wastewater Collections/Salaries 47126836-011120 $90,388 $0 Utilities Dept/Wastewater Collections/Social Security 47126836-012110 $5,606 $0 Utilities Dept/Wastewater Collections/ Retirement 47126836-012120 $15,460 $0 Utilities Dept/Wastewater Collections/ Insurance 47126836-012130 $281 $0 Utilities Dept/Wastewater Collections/ Medicare 47126836-012170 $1,312 $0 Utilities Dept/Water Distribution/Salaries 47126936-011120 $91,124 $0 Utilities Dept/Water Distribution/Social Security 47126936-012110 $5,651 $0 Utilities Dept/Water Distribution/Retirement 47126936-012120 $14,571 $0 Utilities Dept/Water Distribution/Insurance 47126936-012130 $282 $0 Utilities Dept/Water Distribution/Medicare 47126936-012170 $1,322 $0 Utilities Dept/Osprey Marsh/Salaries 47128236-011120 $5,207 $0 Utilities Dept/Osprey Marsh/Social Security 47128236-012110 $323 $0 1. Expense Utilities Dept/Osprey Marsh/Retirement 47128236-012120 $836 $0 Utilities Dept/Osprey Marsh/Insurance 47128236-012130 $19 $0 Utilities Dept/Osprey Marsh/Medicare 47128236-012170 $76 $0 Utilities Dept/General & Engineering/Reserve for Contingency 47123536-099910 $0 $657,768 Fleet/Vehicle Maint/Salaries 50124291-011120 $23,038 $0 Fleet/Vehicle Maint/Social Security 50124291-012110 $1,429 $0 Fleet/Vehicle Maint/Retirement 50124291-012120 $4,171 $0 Fleet/Vehicle Maint/Insurance 501 2429 1-01 21 30 $74 $0 Fleet/Vehicle Maint/Medicare 50124291-012170 $335 $0 Fleet/Vehicle Maint/Reserve for Contingency 50124291-099910 $0 $29,047 Self Insurance/Risk Management/Salaries 50224613-011120 $9,802 $0 Self Insurance/Risk Management/Social Security 50224613-012110 $608 $0 Self Insurance/Risk Management/ Retirement 50224613-012120 $1,354 $0 Self Insurance/Risk Management/ Insurance 50224613-012130 $31 $0 13 of 16 41 Resolution No. 2023 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Self Insurance/Risk Management/Medicare 50224613-012170 $143 $0 Self Insurance/Risk Management/Reserve for 50224613-099910 $0 $11,938 Contingency Employee Health/Health Insurance/Salaries 50412719-011120 $3,838 $0 Employee Health/Health Insurance/Social 50412719-012110 $239 $0 Security Employee Health/Health Insurance/ 50412719-012120 $535 $0 Retirement Employee Health/Health Insurance/ Insurance 50412719-012130 $13 $0 Employee Health/Health Insurance/Medicare 50412719-012170 $56 $0 Employee Health/Health Insurance/Reserve 50412719-099910 $0 $4,681 for Contingency Information Tech/Information Systems & 50524113-011120 $76,222 $0 Telecommunications/ Salaries 1. Expense Information Tech/Information Systems & 50524113-012110 $4,726 $0 Telecommunications/ Social Security Information Tech/Information Systems & 50524113-012120 $10,627 $0 Telecommunications/ Retirement Information Tech/Information Systems & 50524113-012120 $235 $0 Telecommunications/ Insurance Information Tech/Information Systems & 50524113-012170 $1,106 $0 Telecommunications/ Medicare Information Tech/GIS/Salaries 50510319-011120 $24,043 $0 Information Tech/GIS/Social Security 50510319-012110 $1,491 $0 Information Tech/GIS/Retirement 50510319-012120 $3,367 $0 Information Tech/GIS/Insurance 50510319-012130 $77 $0 Information Tech/GIS/Medicare 50510319-012170 $349 $0 Information Tech/Reserves/Reserve for 50519981-099910 $0 $122,243 Contingency Revenue 911 Surcharge/E911 State Grant 120033-334201-23046 $207,473 $0 2. Expense p 911 Surcharge/Comm Ctr/Other Contractual 12013325-033490-23046 $207,473 $0 Services/E911 State Grant Revenue MSTU/FDEP Grant/Comp Vulnerability Grant 004033-334301-23047 $248,675 $0 3. Expense MSTU/Natural Resources/Other Professional 00423137-033190-23047 $248,675 $0 Services/Comp Vulnerability Grant General Fund/Human Resources/Employee 00120313-035431 $25,000 $0 Tuition Reimbursement 4. Expense General Fund/Reserve for Contingency 00119981-099910 $0 $25,000 14 of 16 42 Resolution No. 2023 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Revenue General Fund/Emergency Management 001033-331231 $80,833 $0 Performance Grant General Fund/Emergency Mgmt/ 00120825-035120-05050 $37,346 $0 Software/EMPG Grant 5 General Fund/Emergency Mgmt/AII Travel/ 00120825-034020-05050 $13,250 $0 Expense EMPG Grant General Fund/Emergency Mgmt/ 00120825-035430-05050 $2,750 $0 Tuition/Registration Fee/EMPG Grant General Fund/Emergency Mgmt/Other 00120825-033190-05050 $27,487 $0 Professional Services/EMPG Grant Revenue General Fund/IRL GYAC Garden Landscape 001033-337308-24801 $4,923 $0 Grant 6. Expense General Fund/Ag Extension/Other Operating 00121237-035290-24801 $4,923 $0 Suppliers/IRL GYAC Grant General FundNeterans Services/Other 00120653-033190 $33,750 $0 7. Expense Professional Services General Fund/Reserve for Contingency 00119981-099910 $0 $33,750 General Fund/Property Appraiser 00150086-099060 $41,992 $0 Emergency Services/Fire Rescue/Property 11412022-099060 $6,929 $0 Expense Appraiser 8. General Fund/Reserve for Contingency 00119981-099910 $0 $41,992 Emergency Services/Fire Rescue/Reserve for 11412022-099910 $0 $6,929 Contingency Revenue MSTU Fund/Sponsorship-Recreation 004038-366104 $18,000 $0 9. Expense MSTU Fund/Recreation/Special Events/RT 60 00410872-041110-23044 $18,000 $0 Hyundai Donation Revenue MPO/FTA Sec 5305 Grant 124033-331401 $159,347 $0 10. Expense MPO/Other Contractual Services 12420415-033490 $159,347 $0 HUD GRANTS/NEW CHRONICS FL0119L4H092114 136033-331601-22806 $509 $0 HUD GRANTS/COC TRA TWO FL0338141`1092108 136033-331601-22807 $563 $0 HUD GRANTS/IR CHRONIC FL0360141-1092112 136033-331601-22808 $16,408 $0 HUD GRANTS/HMIS DATA FL0418141-1092109 136033-331601-22810 $6,960 $0 HUD GRANTS/COC WIDE TRA FL01131-41-1092210 136033-331601-23803 $20,000 $0 HUD GRANTS/ALCOHOPE FL0114L4H092215 136033-331601-23804 $1,208 $0 11. Revenue HUD GRANTS/HMIS FL0116141-1092215 136033-331601-23805 $8,000 $0 HUD GRANTS/NEW CHRONICS FL011914H092215 136033-331601-23806 $39,197 $0 HUD GRANTS/COC TRA TWO FL03381-41-1092209 136033-331601-23807 $10,000 $0 HUD GRANTS/IR CHRONIC FL0360141-1092213 136033-331601-23808 $33,548 $0 HUD GRANTS/FAM RENT FL0380141-1092208 136033-331601-23809 $10,000 $0 HUD GRANTS/NEW HORIZONS FL044OL4HO92211 136033-331601-23811 $52,924 $0 15 of 16 43 Resolution No. 2023 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 01 Entry Type Fund/ Department/Account Name Account Number Increase Decrease HUD GRANTS/NEW CHRONICS FL0119L4H092114 13616364-036730-22806 $509 $0 HUD GRANTS/COC TRA TWO FL03381-41-1092108 13616364-036730-22807 $563 $0 HUD GRANTS/IR CHRONIC FL03601-4H092112 13616364-036730-22808 $16,408 $0 HUD GRANTS/HMIS DATA FL041BL4HO92109 13616364-088871-22810 $6,960 $0 HUD GRANTS/COC WIDE TRA FL0113L4H092210 13616364-036730-23803 $20,000 $0 11. Expense HUD GRANTS/ALCOHOPE FL01141-41-1092215 13616364-036730-23804 $1,208 $0 HUD GRANTS/HMIS FL01161-41-1092215 13616364-088871-23805 $8,000 $0 HUD GRANTS/NEW CHRONICS FL0119L4H092215 13616364-036730-23806 $39,197 $0 HUD GRANTS/COC TRA TWO FL03381-41-1092209 13616364-036730-23807 $10,000 $0 HUD GRANTS/IR CHRONIC FL036OL4HO92213 13616364-036730-23808 $33,548 $0 HUD GRANTS/FAM RENT FL03801-41-1092208 13616364-036730-23809 $10,000 $0 HUD GRANTS/NEW HORIZONS FL04401-41-1092211 13616364-036730-23811 $52,924 $0 General Fund/Section 5311 Grant -SRA 001033-331423 $150,000 $0 Revenue General Fund/Section 5307 Grant -SRA 001033-331410 $7,651,545 $0 12 General Fund/Section 5311 CRRSAA & ARP Grant -SRA 001033-331423-23715 $334,412 $0 General Fund/Section 5339 Grant -SRA 001033-331424 $423,926 $0 Expense General Fund/Community Transportation Coordinator/Senior Resource Association 00111041-088230-54001 $2,894,583 $0 General Fund/Other Machinery & Equipment/Senior Resource Association 00111041-066490-54001 $5,665,300 $0 16 of 16 44 B.C. INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 28, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management & Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Sole Source Designation Requests and Utilization Update BACKGROUND: Many of the key pieces of equipment utilized throughout the County are specialized due to facility design, and/or are standardized for consistency of operations, especially in the Utilities Department. Many of these items are identified as sole source, as they are only available from the manufacturer, or the manufacturer's lone authorized distributor for our area. Most of the sole source items are presented to the Board for designation, to facilitate the use of Purchase Orders soon after the need for the goods or services are required, and to ensure the expenditures for each item or vendor are appropriately authorized. ANALYSIS• Staff have identified additional sole source items that should be added, and some items previously designated as sole source that are due for update, or review and renewal by the Board. Current memos from each manufacturer describing their sole source for our purposes are on file in the Purchasing Division. The full list of Board -designated sole source vendors is attached, and includes the current requests for renewals and new designations, as well as the other active designations. There are currently 83 active designations, with 31 of those requested for update and/or renewal. As directed by the Board, staff has been tracking the sole source expenditures for each of the previously -approved sole source items and services, with those amounts provided in the far -right column of the sole source list. The total expenditure on sole source designated expenditures since April 1, 2021 is $19,252,499• The total three-year estimated expenditure on sole source items, for those designation requests that provided an estimate, was $19,101,422. SOURCE OF FUNDS: Funds for purchases and repairs will vary depending on the department, item use and location. 45 RECOMMENDATION: Staff recommends the Board of County Commissioners declare the vendors and products indicated as "new," "update," or "renew" on the list of sole source vendors as sole source for a three-year period, and authorize the Purchasing Division to issue purchase orders in lieu of formal bids or quotes, and as funding is approved by the Budget Department. Attachment BCC Sole Source List for December 12, 2023 46 47 SAutApnl.f Sbms ManuFacbrtr Ventlor Servlu/Ihm DanlDOon Oe partmeM Bina Ori IDah E million CumMEmint Most rtunl3- yearntlmale ce ApNl of n 2031 N. ams gmpuhr C.M-tl- Ad -.-ll" ms1 s[AONxionN <65okwart ltunomer SeMu) TnhntWlSem &aropdttlry SOTvart Utilities 1/22/2019 1/31/2022 7/11/2025 5300,000 1(12,48] S.2, - At— 1. —1. A31va4lnc.(AMMal Agxptelxe AIRVAC Vacuum T,6m; NSYd4ms Dbb lAb. 1.191 es 12/12/1023 12/11/2026 $70,000 N/A New A. -Water Ch-ls[AWCl Amencan WahrChemi¢Is I -C) AWC"A-111PIW,AWC-17,AWC-6,AWC{. MamkdurtraM Oimibmion Antl SulNrtaM 1Rllitles II/31/2033 13/13/2036 $500,000 H/A 22],AWC2-234,and AWCCIaaMua Nembnne OeanlKChamWU M6nmehrprMuds, wM1l<H In<IMe Wahr S-Wbes Propeller Mtten, UK-. Ele<tromagMci<Now Mttet, MCCmmehYs Propeller Meters, Full PM'le lmeroan N- totter Renew Mctromety AWnU Company (FPI). Sm-PMnt l-., Fmw Mehr(PI), V C.-Oun-MAA MCCnmtter M'. D'IU-i-,rePiM start-ups entl nllhration .1h- 12/1/2010 11/30/2033 11/30/2023 $60,00 $4,603 and - (M. -WI qnN). wain SWdMHes <ompanyantl Marsh M=y GmWM Ifutl pip, mehn) P- R.- Gscade Pump< P., M-0 Pumps( .N.) C.- axial and mimd flaw pumps DiS-i- rehabibbtbn all tept•¢mmt .11bes 12/1/2020 13/30/3033 11/30/2023 U.'- $0 Remw Flowzerve B,meys Pump lGYelaM) Howxrve pump and xal produch mrwtterme waN<w,hr ReWir and sell. lircluGK OEM Wrb) MR-, 12/1/2030 11/30/2033 11/30/2023 SS0,000 $210- Renew lobelBORWryPumps Banwys P..W(GkekM) mbePro rNary Wm W. mbry pumppMems all Mdmeretgre d bPelecMc motgrs DNDibIRi0n,xrvves all mpWrt Utllltles 12/1/1020 11/30/2033 11/30/2023 $50,000 $0 ZAdvene anGyne Vertiilnumps and all products 7/16200 Pentair flow TeNnglq{les Bameys Pumps[GklaM,ladmmllle manuhttured in'W North Aurora, IL facililY. OiwlbuRW mntyaM ngl.wamMy Utllltles IGYM) )/15/2023 6/19/1026 $150,000 $40,730 •M C-1SpdKs) including M1calt.,bloc,1plltcas1p--,entl On pumps all vart'ul entl line pumps zem¢aM repair 10/5/20 IA-) Renew HOMAIU Tx-.LrMys Pumps[GkebM,lacksgmille all Coral ROMA Nm, Dkbibu0on, xrvivall Prts UMmes ll/3/2020 11/30/2023 11/30/2023 $75,00 $0 eameya Pumps(GkelI,d. lacbomille Howden RWb P-all blwer W<AI{estm OhbibuHan mr3"-8'p-1,re 11 -pads R.- Howden Roots wM Coral SpNllp) mall prersurt semrA Fm _14: pumps, dlsmbutZ-dn- blowers all thlll0es 12/1/2020 1113DI2023 11/30/2023 $50,00 $0 Renew 1WCEm{tommeMal ameysPumps(LA.A,d,t.-Ile M.xinMP hr,C1111Moluhr,A-, Mg1utM,YlemlKWasher Momter,HOMy Salesonly(MIbemadeoutI Emironmenblj-Parts must more lromlWC Uti1l0es 12/1/2010 11/30/2023 11/30/2023 all Coral N,"l ) MOMhr, entl Al -SF m3yzhms• '-A-' Renew ,mlirgow TednMKks 11ameys Pump lGkeland,lazkmnville CM 10mma0cbnM pumps OlrtMutiD smnmmh atllyaM e1F Mill- ll/1/2030 11/30/2033 11/30/2023 $5,000 $0 Rwm UGW-&Xyd..bc .-NbW a 8.M✓sPllsjLGasllmille all C"15 USfhMcatlon produtb utlihed In suDOpR of the mmatl,Po piIM DistdbuuW Utillbez 12/3/1020 11/30/1023 11/30/2023 $75,000 $0 AMw AANM Pump ManufaduNK 11ameys I—[GGbM) ,MCO P-PManWa Nq Drotlum WWTfs& SaIn all ReWin WIN- 6/20/3023 6/19/2026 $50,000 -Y. Punsps L Iy, Pum¢- UMmn GMml9. 1Murtdal -11-1, all SMems, Hyd-P-SId PumpiK Wrte W guide ods, Intl Xi -T- SOAW AYbmaUOn Sak; Service,aM Wamnry U.1110.1 5/10/3032 5/9/3035 5/9/2035 $50,00 $0 rMuds WWlis&- ANse eMalr F,Ikanb &mey's Pumps, Inc Fairbanks Hilhuls lmmallY F---Norse)Pump roduds Fs all Wrvs Dirtdblrtkn,wamnry AM Mnr,mnly ands dr MR.., s/]0/2033 5/9/3035 5/9/2035 550,000 5122,905 AMlve ll -EM ---1BIOREM Bl...be Odor .-1,-, ryFWTFSIM LM Saks.-A.M--W 1M1'tles 5/10/3022 5/9/2015 5/9/2035 $500,W0 $215,000 Renew Burnett UlMCompany Bumxlllme Colnparr/(Gmpobdlo, CAl'FLO•Ume Slurry aMSUme flurry Syrtems Ustdbu0onvM seen. 1NIIkez li/8/2015 11/1/3013 $1,350,000 $1,390,118 Flowsene Pump Diwspn IfOrmeM..-IF DnnxrPYmp CamPnYlpmdud 331717 irclude DirtdbNiondMw e..0- AM,ner ANve Fl-.- Grter&VemlatuR lz -taBebnMs sud is WIlOrthiK P -,H Mgenall-RIM, Kwon tllwn, Duno, mawef axles, Wrts,reWin,-ldsaM 1RIImes 1/9/3018 1/8/3031 6/39/3036 $60,000 $O Wilson SrrydeA mgen011ortxer Pumps, Xl<INq, xm¢ serNlam, SmM IM UM.d W WTF's & WTP's hiwM --t TecMplo{les Grtn&Vrrplarck,Np 11-11 TednolKim M111 all 1-b-, "I, xrviq rtpaln and U[Illtlez 1217/1011 13/6/2024 13/6/5034 $)5,000 $35,60 AenUon 11 -[Wear R.11-l-FMol-) CROM MR (MOM C -M, Intl Rertp-) CROM Prntressed Composite Tanks(Alt Plants) Di.butlm, Dart,urviu, rt 1l and m,irReMnu ULWbM U17/2021 j 12/6/1024 13/6/2024 $1001000 WA00 Adlve c e[woFlu, Inc. Cammuniu[lam lntemaxOMl MNI Channel lMicmwawequhment lOr P25 mN,Cxrvice, rt0airs all Wllbratlon Emelgenm We 7/11/2012 7/11/2035 ]/11/3015 $14, N/A Renew Gmmunlutlons lMemttlwl MukDro-1 GbAl lWhing(MPLS) network m -leen. E.ImI .y Svc 9/11/1020 9/21/2023 9/23/1023 5140838 50 -!m Inhml- SRaTI h All 3/6/3038 3/5/1033 3/5/21!33 N/A $1,132 68 !DWS _A ;2 lnhmaUnnl BOON RIdw MainhMMe EmargeMy We 3/1/2031 2/28/2015 1/5/3034 N/A $3111.- nry Cl Sp -1- Connote Con --,LLC SpettnSM1leldUMnIWWi7s) Mawlacm entl 50leriC.11111 U¢nsed FL aloes 6/20/2023 6/19/2026 $300A00 $D Alivelicam CreatNe Power SOIWaM -- (able Power S.Ppty In eulltlin swath tvmn[UPSS h FadlR'm 1/11/3033 110 OI5 3/10/10]5 $110,863 126132 acbva Cummitx GeneralonSbM-by GeMnmrPowv wwrrz Lia sbtlom All WRs entl labor hoes ]/16/3019 2/15/2012 7/11/2025 $75,000 $54133 TACfl sGDA Syrtem, IKI W'K Remoh iemlKl UMts (M.),Tekmetry C-1 Ulla (TCU11 TA[ Active Oat. It.. 11rtems(DF51 DFS (Melboume) P -TCW W-,NyperSGMSersen 1X55) Otrtribudan all sem<e IAft., 7/18/2017 7/17/2010 6/19/3036 $75,000 $677,956 all DFS X185 ADAsoflw•rt [W WTF; W1Pf all LM $b00ns -1. tMIl-P- Equipment Dlvislon of .-hCO 0 PS Equipment Sem¢s,Inc. Walks 1-Equ'pment RetmfR and rehab ccs fore ui Ut 11- 7/12/303 7/11/2D25 7/11/3025 $150,000.00 x/A New Duperon [orpgntlon DWemn CorponbW Dupnon Sell¢ 1.Rs ana.11 Assmland rtnbu0on vM Se1N¢ -lb., 13/32/2033 12/13/2➢16 $100,000 N/A Renew IN. Wada E.H. WachsU411 valve ma nsenancee ul ell rtrlbn-all seryl¢ U3llltln 11/29/203312/112023 12/5/1013 0 Renew Master Memr Ne PIP all Sup AIIMarter Meter rMucb mbu&P UDIMes 3/fi/20211 3/5/2021 12/1/2023 $4,000,000 3 O4 Attlw math&GWl.ss Emlromnmbl Fqui; mmt5em¢s SmithBLgxless Pirta GN[. GM Removal all Gn[ JEW P-5 LIn,Wrts,seevi¢aM -Ir 6/0/2021 6/]/3024 6/7/2024 $434100 $541,250 mnmenbl Dpenting 5glubo be C•SO00- Treatment CM1emiWIzIWWTFs) Sales an Hrtnsk Conhol Program UtIIIOn 7/16/1019 7/15/2022 7/11/2015 $..,- 90 R- Renew --.-1 Systems gexarch ro MrtiMe Inc. E5R1 Ess lRedlantls, CAI FIR G13 Syrtem SoNware and Uce - -b.- seM¢aw tWhing G6 3/4/30 12/1/1O.A.$117,669 O.A.011 New ..l,nCompany, Mc. FI NUBeMBAss¢ia[es Vaughan fJwpWr, TNmn,&Pabmla PumpsaM .."but,.,Semu,& Parts -ldn 63/12/2023 ./11/2026 $50000 N/A FleetbWaGbbai PgsiBWIK SOI M'an; me FleMau GbLl PodtioMK SOlutioM, Mc IFem Park VI- GPS barBIK,PmaimdK all reporGK h -am all so"ase Ortnbution. semce and baiMK Wlitle all Public WORs 10/34/2017 10/23/1020 12/1/3023 $SSDAOD S.A. CST Smnge Aouartore 11-d. A—- [omVucbOn lM. NCRODrage Tants es n i¢ JbIibes 2/1/2022 1/31/2025 1/31)2025 $31 - $311,125 rsgq lRoumant Me,suremeMBnMI- Dlrtdbu0an, parts, and xrviw (V,lid only Act'¢ Emers.nProcnsM g em Fluld Control SM -b., ke ressun, flaw all Lrvel Meuurcment OeNrn <Iwugh 9/30/221 lltllitiez ]/16/2019 )/15/2013 7/1]/3025 550,000 $5,393 HaN Ilssbumentrtion entl [M1emhtry, IMbdiK xxwarc (Evil,, GLI, Mach, Homeland Se<urxy TahMlog-, OPS Wrtem,Ok P. , Pglymetron, Sigma, Mahl, Or. LaMe, Emimnmenbl Teat Stops, HIAC, Hydra'ab, IO DIMWb., iMludiK solMart/fimnvah, Active H-xaN Comp•nY (-.d, M)Stle InrtmmmM,Gdat lnsbumentz, IeiW -t -4 lab auzssodes (glassware, IHllmes 3/58019 3/412023 6/19/3026 $601O00 $1.690,37 MNmryrtems, M,nhflcBlmey,Mtt OMm OTT, asudK spoons, breshn all Omn{coon, bb Hydrometry, RadlometerAMlNiPI, Se, -BIM a<¢uanesl Elecb0nks, WET Gbs, N." WIM" CIAROS W IIR Mobile Savor MaMgemeM, AWI'MM W Wl (h, WTPs & Ufl Sbtions) Hy- TechlloM COnontion HC Warner NYdac Pro¢ss Produtts [EquipmaMm rtmgse sant hum welly Sales UIIIi0n 7/1612019 7/15/2012 7/11/203 $60000 $4,520 Renew E... Coroonlian .-WOMniva dAssodlhs(F.m Genn NV. xV90W(1k,rW..) -b- militi.s 12/1/3020 11/30/2023 31/30/3023 $75,000 $O Renew TECO-WatlKhouse ,mWoodrowlva Assgclates(I- TECO-W-MIouse low -p d-, DlsMbu0an allsem¢ tttilities 12/11202D 11/30/2013 11/30/2033 $'15,000 $300 my Goulds WaterTmkwlogy Bnnd,,s ManNaduretlb .1-TT0 -Pump&Equipment oulds Water -T--p Brand Intl Rylem G&L 'str'b-, part; equ'pment,&sem. VUI'Oes ]/16/2019 ]/15/1022 6/19/2026 $150,00 $128,170 Renew -Nm &WIA-, nc. Hudson Pump& Equlpment[LaGbM) CP65 Wmp bolls-dt%Games, Burks,Crown, Dimibudm allzerviu Utilib., 7/16/2019 >/15/2022 ]2/1/1023 $-,WD $16,980 cemlK,Pnsxr•M Welnm•n JW and carps) Renew I'M A-C,a xylem eantl 6­P­entl Equipment DNrsiW of iemarva Fiygt AC, a Rylem band pumps IsmbMion,WM all xrvlu VIIIINes /12030 12 / W30/3023 11/30/3023 $500,00 550,4] 47 BCC wle 5— UPtfI, December 2023 $..252A99 48 -ted Statut Mandacbrtr Vendor Servl«Jhem Ooalptlon Departmmt Onji—I DPW FNllnbm C_tMiretion _51,11 yep uh a[ ce April of 2.21 I- PID, 11211., lq Pump, Artiw SUUerwasbwater Vp rly ALS) Hyen Servia.lnc tuners, blower, mtlanbrs f.,m awl O bvbpn ant fervlu Ulill11n 10/512010 1014/21114 fi/19/2026 WAD 52,541,4. API. Hydry lb,brrcflorcl Hyd. IMP,,]—PRI EMI, He Rll^,E 9urrytup^, I—Gnt Dighbuflm ant XM«- Parts tan h pbUlnee MIN., 1/111211. 7A5/20a]/11/1011 $150,4. $0 -d. 6 11,4,PGdKlsanae^ I.F.I. I—) imm Mm, RPI., Irc. YaskawaiOPUMP, PSO./VSO.I MV100D, antl GS A4ke Ypkawa R:GN TachnWgW Niph Horsepower Motlule product lines -Water■ Xln, SaMu,StattdlD6Pgalt/Replaumem INllitles 43012013 6/19/2026 $].Opp S. Wartewaht Xrvka Dn@n antl manufacture -Mass WIR, ARIw 1.— Fmlmnmmbl5ervim.lrc. Pd.Eswimnmmbl Indusm OdarCmtrpl Equipmm[-North Cw.y Inc/MKI autlmnaell fpr CFM Parts antl W.. 7/16/2019 7/15/2011 6/19/2.. $12510. $91,9. Wabr Plats Odpr Control Equipment lwrvsl Fybr« Pumps - Pumps used M odpmntml tys«ms AIDPR C_EmlrynmeMal Cory. Rleln Pumps bpump chemical wa[erimo scrubbmtpwers Di.nb.ti- tPil814s 7/16/1019 7/15n= 7/11/2015 $.1m. WTPs Active Laxslde EqulPm<M Cmponb- ..,lde EquiPmmt CPryoretldn Wkuide RIM, Compleb Plam xybpe R."m Zu IDewaWPM Faclll mil'b" W14/2018 8/13/1031 11/6/202, $5.000$0 A.Iw landla, Inc. n is ipmass Muers fprWWTFs -dl. MUers and Pumps —ant Cmtnl Millie, 123/2018 1/22/2021 12/6/2024 $150,00D $119,011 Naw Ma Meb, Matter Mebr Master Mebr H. MOM Svhwart Dlabibu0on UtIIMas 1 11/12/21116 $.,. NA Adiw Ativanud CPR SPIutipp MMNlian«Gmup EIRGARD Patla. PpM.p sydem (heatl-up CPR) Elawbd CPR I—— -sales antl urvke EmerBemy Svc 9/21/2011 9/20/2024 9/20/2024 $6],133 $84,41) A.Ive Meller TPletlp Inc Mettler TPletlo Ta.PalTrvck wle ONMbmion mdserviu SWOO 11/2/2DSD 10/18/2035 10/18/203 $75,000 $13082 Adlve Nytlrt Dnal MKIServIuslMps Yllry) ldnalWTq Mytlm Gnt Ckame -I (WPI RgW DI.—n,wrt,,xrvi«,rtmin and UtiliOes l2n/2021 12/6/202 12/6/2024 $400,0. $292,500 21ydre mbmanm.i xgtl«u' BM mrcexvamr. Renew Hydro lMmuflmal Ki (C.., Spngsl SlunymP^ pnt,lunblution aid s 11m. Repkumenl parts antl —p—lb­b. 12/1/203D il/30/i033 11/3D/2033 $2.,. $292,500 reappm^..=.,,ymm,srcu ^LM dews , G. I6gevorttrcfgantm. Ind.— Errvimn—.1 Packed Tower Adiw I— ---l-, Inc. Mass Keliry lnc./MKlxmus Depslfi«tlon,_ Chemical and Chl.. 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TrlNwa tele -M Pump- pumpsPs fm. dd ant chlpdn XksaM seMu WWI,CMemIwfiul WI, ]/16/2019 )/15/1032 )/11/2025 $50,0. $20,402 AGI. RWREMTRbrclgkAblp 13C -lamb brcluen lamb Nr Wa«t 5 MOREM TecMaloLiM IWW]F, WT%aM IM $bbm aslRers New pment SGrt-up, «rtllp. Iks seMu 1Ailitles 1/812019 117/1012 7/11/3035 $90.0. $0 WEMCO TORQUE -FLOW, WFMCO HYDROGRA7ER, -1. Wemm Pump TXdamb Xuth lm WEMCD Nidmbl, WEMCOMu 1(.,WEMCD Chop -flaw, W- Sdi-Pnminf Pumps ant Xl., P.M mSemi« Utilitles 6/20/20]3 6/19/2036 $.,Op $33,6. repiaument pits (SRr1P, L yyyrth) Adiw FyletTedlnalgks, me TykrTaNnplaBlu,inc. Muni, SaTvart System ant MMul. Xles, Servke, Tnlnlq, upi, tl Fircnu/Rudpt/ 6/23/2.3 )/1112025 N/A $55.]51 Purthlsiq/ Utllltln Krvpr Mian, In I.OistriOuton/Welr Wtesand Krvprveolia Wrter TeNnolpBin, DBA W mporcnn, Nll-1D­ Systems, O i, Ulu, disbib.kn antl urvke; Krvgerwlll Ka _Ser Veplla Water TRcbRPfP, Aluminum OMkiq, Kruger P.,d ,Dhware/pro8rammin3 MrSCAM ant R[ m apOlpnu inrtalld c.; Mllitles B/15/.1] 8/14/2020 6/19/2026 $300,. $3]1,515 rtalk11ms di Wa«rt.Mp, tLC Wrtertrml«Tethsd«lxmus Wakrtmn- Pump ant Equipment - Spoonbill .1.1..m ant Wamnry I1t111Ues 7/16/1019 7/15/2023 1111/1015 Sm.. SO p ant a0uipmem Pans ant piping I—) %km Waurxlutions US 1.. em Wrtet Sdrtiprc USAm FI .duds au GI Sale Pa R and Wa -,UM 5/10/.22 5/912025 5/912025 S.O.0. 68 ] Y51 Inc 9a%ylem Gmparry E%O Watn Quallry Fpulpmerry 1,,I Dwkn, LRe kcememw Iks WT S. ks. Parts, Mpairs, 6 W.—Py—PyUVd )/.3023 ]121/2025 )/lln.5 55.000 N/A Nek E9Atquki11ary hu, alwart.P,RR, W4bEOC .fn -l SolMart ant main«nano Emergenry 5vx 12/13/2.1 12/1112026 $1 ,OOo II/A PC WptlwrPryduN,lnc. PC Werther Pro— line (H.1tit—Gant Humtrek OMine Sahwa�eand maintenance c 13/12/1013 12/11/2026 $10,000 N/A $..252A99 48 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 29, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of Annual Bid for Day Labor (Bid 2024022) CONSENT 8�Dk BACKGROUND: The Road and Bridge Division requested the solicitation of annual bids to establish firm fixed pricing for day laborers. Workers are used on an as -needed basis as flaggers, to perform mowing, and to perform other general labor activities. The contract may also be utilized by the Department of Utilities Services and the Parks Maintenance, Facilities Management and Traffic Engineering Divisions. The term of award is one year, with two additional one-year renewals available, subject to Contractor acceptance, satisfactory performance, and staff's determination that renewal is in the best interest of the County. ANALYSIS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Specifications/Plans Downloaded by: Replies: October 24, 2023 November 21, 2023 131 Subscribers 8 Vendors 2 Vendors 49 FDOT-MOT General Certified Total Annual Bidder's Name Servicing Branch Labor Flagger General labor Total Annual Location Hourly Labor Flagger Cost Rate Hourly Cost Rate HireQuest Direct Fort Pierce $16.90 $17.60 $652,340.00 $73,920.00 Waterfield Florida Staffing, LLC, dba Action West Palm Beach $19.75 $21.75 $762,350.00 $91,350.00 Labor of Florida 49 CONSENT 1111 LI1II hkires The previous contract was with HireQuest and had rates set for the general labor category at $16.93 per hour and the flagger category at $17.62 per hour. The hourly rates bid by Action Labor of Florida for general labor are 16.7% higher than the previous contract and 23.4% higher for flaggers. Funding for the bulk of the work will come from the Transportation Fund/Roads and Bridges/Contracted Labor Services account, 11121441-033470. Account Name Account Number FY 22/23 Amount FY 23/24 Spent Budget Transportation Fund/Roads and 11121441-033470 $240,712 $280,000 Bridges/Contracted Labor Services RECOMMENDATION: Staff recommends the Board award Bid 2024022 to HireQuest Direct, approve the sample agreement and authorize the Chairman to execute it after review and approval by the County Attorney as to form and legal sufficiency and after the required certificates of insurance have been received and approved by the Risk Manager. Attachment: Sample Agreement 50 2024022 Annual Bid for Temporary Day Labor 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 HireQuest Direct (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: Temporary Day Labors 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: Annual Bid for Day Labor Bid Number: 2024022 ARTICLE 3 - CONTRACT TIMES Initial term of agreement will be from January 1, 2024 through December 31, 2025, with two one-year extensions available subject to vendor acceptance, satisfactory performance and staff's determination that a renewal would be in the best interest of the County. ARTICLE 4 - CONTRACT PRICE OWNER shall pay CONTRACTOR at the hourly rates provided in their submitted bid (Exhibit 1) and invoiced weekly. ARTICLE 5 - INDEMNIFICATION CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. 51 2024022 Annual Bid for Temporary Day Labor CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. K. Contractor will comply with all the requirements as imposed by the Americans with Disabilities Act of 1990 ("ADA"), the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of the following: 52 2024022 Annual Bid for Temporary Day Labor (1) This Agreement; (2) Notice to Proceed; (3) Certificate(s) of Liability Insurance; (4) Invitation to Bid 2024022; (5) CONTRACTOR'S Bid Form; (6) Qualifications Questionnaire; (7) Drug Free Workplace Form; (8) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (9) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (10) Certification Regarding Lobbying; (11) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 8 - MISCELLANEOUS 8.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 8.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 Venue 3 53 2024022 Annual Bid for Temporary Day Labor 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. 8.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@indianriver.gov Indian River County Office of the County Attorney 180127 1h Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 9 — FEDERAL CLAUSES 4 54 2024022 Annual Bid for Temporary Day Labor 9.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. B. Clean Air Act and Federal Water Pollution Control Act: (1) Clean Air Act. (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (b) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (2) Federal Water Pollution Control Act (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (b) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 5 55 2024022 Annual Bid for Temporary Day Labor C. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. D. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification (s) to the awarding agency. E. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. F. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 11 56 2024022 Annual Bid for Temporary Day Labor (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. G. Domestic Preference for Procurements 7 57 2024022 Annual Bid for Temporary Day Labor As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. H. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. I. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The contractor shall include this provision in any subcontracts. J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. K. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. M. Affirmative Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Article 10: TERMINATION OF CONTRACT 8 58 2024022 Annual Bid for Temporary Day Labor 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. 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 9 59 2024022 Annual Bid for Temporary Day Labor 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. 10 60 2024022 Annual Bid for Temporary Day Labor 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 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: INDIAN RIVER COUNTY By: Susan Adams, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CONTRACTOR: By: Attest (Contractor) (CORPORATE SEAL) By: K. Keith Jackman, Assistant County Attorney Address for giving notices: Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Danny Ooley Title: Superintendent Road & Bridge Address: 4550 41St Street Vero Beach, FL 32967 Phone 772-226-3467 dooley@indianriver.gov License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 11 61 CONSENT AGENDA Indian River County Interoffice Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: November 30, 2023 Through: John A. Titkanich, Jr. County Administrator From: Kristin Daniels Director, Office of Management & Budget Subject: Proposed Interlocal Agreement Fiscal Agent Services for the State Attorney's Victim Services Department Description and Conditions The four Counties in the 19th Judicial Circuit (St. Lucie, Martin, Indian River, and Okeechobee) currently fund the State Attorney's Office Victim Services Department. Victim Services also receives grants from the Florida Council Against Sexual Violence. The Victim Services fiscal year 2023/24 budget is $430,595, with an additional $484,765 being provided from four grants. Indian River County's portion of this budget is $99,037. For many years, Indian River State College (IRSC) has acted as Victim Services' fiscal agent but has indicated that they will be unable to continue to do so as they are changing accounting systems, and their new system will not be set up to accommodate Victim Services. The State Attorney cannot be the fiscal agent for the grants that they receive. The State Attorney's Office is requesting the following: • St. Lucie County (SLC) to become the fiscal agent on the Victim Services grants. • The budget for the four Counties in the 19th Circuit and the grants they receive to come under SLC and Victim Services would request payments be made from SLC to vendors. • Ability to pull purchase orders through SLC. • One SLC Purchasing Card (if possible). This request does not include: • Payroll — The positions will go through the State Attorney's payroll system and SLC will be invoiced monthly with funding to come from the four Counties' budgets and/or the grants budgets. • County Office space or maintenance of space • County IT services • Asset management — no capital expenditures are expected. SLC is willing to step into the roll formerly held by IRSC. However, to meet this request, each County will need to approve an interlocal agreement, and as this transition moves forward, the periodic payments Indian River County currently makes to IRSC will instead need to be made to SLC. Funding The proposed interlocal has no impact on funding, and no additional funds are being requested. 62 Board of County Commissioners Page 2 of 2 November 30, 2023 Recommendation Staff recommends that the Board of County Commissioners approve the proposed interlocal agreement dedicating SLC as the fiscal agent for the State Attorney's Victim Services Department. Attachment Proposed Interlocal Agreement 63 11/28/23 2"d Draft INTERLOCAL AGREEMENT FISCAL AGENT SERVICES FOR THE STATE ATTORNEY'S VICTIM SERVICE DEPARTMENT THIS IS AN INTERLOCAL AGREEMENT ("Agreement") by and between the STATE ATTORNEY FOR THE 19TH JUDICIAL CIRCUIT ("SA") 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 SA and the Counties will be collectively referred to as the "Parties"), for the purpose of providing fiscal agent services for the SA's Victim Service Department ("VSD"). WHEREAS, Section 163.01, Florida Statutes, provides that public agencies may cooperate by agreement to provide necessary and essential public services; and Akl- WHEREAS, the purpose of Section 163.01, Florida Statutes, is to permit public agencies to make the most efficient use of their powers by cooperating with other public agencies for their mutual benefit; and WHEREAS, the Counties currently fund the SA VSD and the VSD also receives grants from the Florida Council Against Sexual Violence; and WHEREAS, the SA ca of serve as the fiscal agent for grants that the SA receives; and WHEREAS, Indian River State College currently provides fiscal agent services to the VSD but has indicated that the College will be unable to provide those services to the VSD due to a change in accounting systems; and WHEREAS, the Parties desire that St. Lucie County ("St. Lucie") provide fiscal agent services to the SA for the VSD. WHEREAS, St. Lucie is willing to serve as the fiscal agent for the SA VSD in accordance with the terms set out below;,;and h WHEREAS, the Parties have determined that it is in the best interest of the health, safety, and welfare of the citizens of the Counties to allow St. Lucie to provide fiscal agent services to the SA VSD. NOW THEREFORE, in consideration of the mutual advantages afforded to the Parties, the Counties, and the SA agree as follows: 1. General. This Agreement is entered into pursuant to Section 163.01, Fla. Stat., the Florida Interlocal Cooperation Act. 2. Recitals. These Parties adopt and ratify those matters set forth in the foregoing recitals. 1 64 11/28/23 2"d Draft 3. Fiscal Anent Responsibilities. Effective December 15, 2023, St. Lucie agrees to: • Be the fiscal agent for VSD for any grants that VSD receives • Administer the VSD budget including funds received for the Counties and any grants • Review and authorize requests for payments to vendors subject to compliance with St. Lucie purchasing procedures • Process purchase orders submitted by VSD subject to compliance with St. Lucie purchasing procedures • Provide one St. Lucie Purchasing Card to VSD, the use of which must comply with St. Lucie purchasing procedures For purposes of clarity, the provision of fiscal agent services does not include: • Payroll — VSD payroll will be processed through the SA's payroll system and St. Lucie will be invoiced monthly with funding to come from the Counties' budgets and/or the grants budgets • Office space or maintenance of space • IT services • Asset management — no capital expenditures are expected 4. Term; Termination. This Agreement shall continue in effect from December 15, 2023, until terminated by any party upon no less than sixty (60) days written notice to the other parties. 5. Miscellaneous Premi Any a , va , modification, extension, renewal, or waiver of the provisions of this Agreep hall lid only when reduced to writing, duly authorized and signed, by all parties, " ttac the original. b. reements be binding on the Parties hereto, their successor and assigns when per c. This Agree bodies the whole understanding of the parties. There are no promises, terms, conditt ns, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or Agreements, either verbal or written, between the parties hereto. d. This Agreement shall be filed with the Clerks of the Circuit Court of Indian River County, Martin County, Okeechobee County and St. Lucie County, Florida, prior to its effectiveness. 2 65 11/28/23 2"d Draft e. The Agreement may only be amended by a written document signed by all parties and filed with the Clerks of the Circuit Court of Indian River County, Martin County, Okeechobee County, and St. Lucie County, Florida. 6. NOTICE. All notices or communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified or registered mail, return receipt requested, first class, postage prepaid and addressed as follows: DI ounty Administrator ?et, Building A orida 32960 i Administrator iterey Road 34996 :ounty Administrator t Second Street Florida 34972 IN WITNESS WHEREOF, the parties have executed this Agreement bytheir duly authorized officials on the dates stated below. 3 66 ATTEST: Clerk (SEAL) 11/28/23 2"d Draft BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Chair, Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney 4 67 ATTEST: Clerk (SEAL) 11/28/23 2"d Draft BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA BY: Chair, Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney Ej 68 ATTEST: Clerk (SEAL) 11/28/23 2"d Draft BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA BY: Chair, Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney 6 69 ATTEST: Clerk (SEAL) 11/28/23 2"d Draft BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair, Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: �:.....�., "ttorney 7 70 WITNESS: Notary Public (and Seal) 11/28/23 2"d Draft STATE ATTORNEY 19TH JUDICIAL CIRCUIT, FLORIDA By: Date: 8 I I 71 8-F. INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 27, 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: Award of RFP 2023055 for Replacement of Playgrounds at Treasure Shores, Round Island Oceanside, and Golden Sands Beach Parks BACKGROUND: On behalf of the Parks Division, a Request for Proposals ("RFP") was issued for replacement of the existing playgrounds at Treasure Shores, Round Island Oceanside, and Golden Sands Beach Parks. The RFP requested proposed designs for each of the three parks, at a budget of $15o,000 each, and stated scoring would be primarily based on experience of the firm, and the overall design, uniqueness, and "wow" factor. The final phase of selection was to include a public vote to select the final design for each park. DISCUSSION: A selection committee comprised of Joe Tilton, Recreation Programs Director, Brad Dewson, Parks Superintendent, Gustavo Vergara, Assistant Parks and Recreation Director, and Dan Miehle, Parks Foreman, independently reviewed and scored the received proposals, based on the criteria established in the RFP, with the exception of price, which was submitted separately, and scored by the Purchasing Division. The price score for each proposal was provided at the start of the initial ranking meeting, and each committee member added the number to their scores for the other criteria, to establish a total point score for each proposal. Each committee member read their ranking of firms, and an initial ranking of firms was established. During the discussions that followed, committee members noted the submitted designs included fewer structures than they had hoped, and did not provide the desired "wow" factor. It was also noted that neither of the proposing firms utilized the full budget for each park. The committee decided to invite the top ranked proposer to discussions about the project. At the conclusion of the discussions, the top ranked proposer was asked to submit two updated designs per park. The public was invited to vote on the designs via a survey posted to the Recreation Division's Facebook page from October 17 through October 31, 2023. A total of 417 people voted. Beachland Elementary school students were also invited to vote, with the same playgrounds receiving the most votes in both polls. Images of the selected 72 designs are attached, and the non -selected designs are available for review in the Purchasing Division. The costs for each park are based on the Omnia Cooperative Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services Contract number 20170011Ra. Park Price Proposal Golden Sands $129,128.94 Round Island Oceanfront $160,840.10 Treasure Shores $161,052.10 Total $451,021.14 FUNDING• All three playgrounds will be funded from the Optional Sales Tax/Parks/Construction In Progress/Parks Playground Improvements Account, 31521072-066510-20040. A budget amendment to roll unused funds from the previous fiscal year will be presented to the Board at an uncominz meeting. Account Number Account Description Total 31521072-066510- 20040 Optional Sales Tax/Parks/Construction In Progress/Parks Playground Improvements $451,021.14 RECOMMENDATION: Staff recommends the Board approve the final ranking of firms, award the RFP to GameTime, and authorize the Purchasing Division to issue Purchase Orders for the purchase and installation of the equipment. ATTACHMENTS Selected Designs Price Proposals 73 �q " hL 1 UP 4;f GameTime 09/22/2023 c/o Dominica Recreation Products, Inc. Quote # P.O. Box 520700 105420-03-02 Longwood, FL 32752-0700 R y 800-432-0162 ' 407-331-0101 Fax: 407-331-4720 www.playdrp.com Indian River County - Golden Sands Playground - Option B Indian River County Parks & Recreation Ship to Zip 32960 Attn: Brad Dewson 1590 9th Street SW Vero Beach, FL 32962 bdewson@ircgov.com Qty Part# Description j--_...________________________- i - Drainage not in scope of work { - Earth Formed Borders after digout - Siteplan/Survey by city 3100: Digout 5 -Star Plus - Digout/3ltework of area (per sq. it) $1.40 $4,340.00 3100 Spoils 5 -Star Plus - Removal/Disposal from Site the Spoils trom Digout $1.75 $5,425.00 1 178749 : GameTime - Owner's Kit $64.00 $84.00 1 RDU GameTime - Odyssey PrimeMme System $42,390.00 23.10 $32,387.23 $32,387.23 1 SS5056 . GameTime - Arch Swing (SS) $8,584.00 18A0 ', $7,210.58 $7,210.56 12 38225 GameTime - Hopper Rock $1,189.00 16.00 x.78 $1,997.52 1 38226 GameTime- Dome Boulder $4,208.00. 16:00 $3,534.72 $3,534.72' �1 ~ 38227 GameTime - Square Boulder $4,762.00 46.80 $4,000.08 $4,000.08 1 38230 GameTime - Log Balance Beam $3,380.00 9.00 $3,075.80 $3,075.80 (1: 38233 GameTime —Forked Balance Beam $4,860.00: :15:00 $4,082.40 $4,082A0 1 Coastal Mlsc - Coastal Paint Application applied to all Metal Components $7,600.00 $7,600.00 1 PBEL- Freenotes Harmony Park - Pagoda Bells - (With Recycled Inground Mount $4,859.00 $4,859.00 IG-REC KR) 1 ARIA- Freenotes Harmony Park - Aria - (With Recycled Inground Mount Kit) $2,559.00 $2,569.00 l IG-REC 1 GRIF- Freenotes Harmony Parts - GrMM - (With Recycled Inground Mount Kit) $4;179.00 $4,179.001 IG-REC i 1 INSTALL SSter Phu: - Install Freenotes $3;000.00 $3,000.00 l 1 INSTALL 5 -Star Plus - Five Star Plus Playground Installation Services- $22,800.00 $22,800.00 Performed by a Certified Installer, includes meeting and unloading delivery j truck, signed completion forms, site walkthrough, and 3 -Year Labor Warranty. 3100 EWF-8 GT4mpax - Engineered Wood fiber - 8" Compacted Depth- $1.68 11.90 $1.48 $4,588.00 per sq. ft. -ADA Compliant - IPEMA Cerdfied - ASTM F1292 & F1951 I� Compliant 13100 Spread GT-Impax - Spreading of Wood Fiber- $0.80 $1,880:00 Wood Fiber will be delivered by large truck and dumped in staging area. I Installer will use bob -cat or similar to move wood fiber into site, one load at time. Installer not responsible for sod or sidewalks from staging area to job site. 1 Sealed 5 -Star Plus - Signed/Sealed FOC 20207th Ed Building Code Drawings $1,250.00 $1,250.00 GameTime 09/22/2023 c/o Dominica Recreation Products, Inc. Quote # d. P.O. Box 520700 105420-03-02 Longwood, FL 32752-0700 i► Ajp�E oMyMnr 800-432-0162 * 407-331-0101 Fax: 407-331-4720 www.playdrp.com Indian River County - Golden Sands Playground - Option B Qty Part ft Description Lrt S n i, Selling $ Ext. Selling 1 Permits 5 -Star Plus - Building Permits- $1,400.00 $1,400.00 Estimated Costs of Permits plus Time. If actual permit fees are significantly higher or lower, final invoice will be adjusted accordingly. If additional time ! spent acquiring permits, due to lack of information from owner, final invoice to ! be adjusted. Survey & Siteplan are to be provided by the owner for the permit application. Correct legal address will be required. i ja y ti Sub Total $120,232.31 This quote was prepared by Rob Dominica, President. For questions or to order please call - 800-432-0162 ext. 113 robd@gametime.com Due to supply chain issues, and availability of some products. ALL orders are shipping in approximately 8-10 weeks, from date of accepted order. Some orders depending on specific items may take longer. Not until an order is in the system and processed can we give an expected ship date. In addition, labor shortages may cause installation dates to be extended. It is difficult to provide exact days for delivery and installation at time of order. Payment Terms: Governmental Purchase Order. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager. A completed Credit Application and Bank Reference Authorization, must be received with the order. The decision on credit is the sole discretion of GameTime/PlayCore. A 1.5% per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B. factory, order shall ship within 120 days after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of payment. Taxes: State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed, this quotation excludes all sitework and landscaping; removal of existing equipment; acceptance of equipment and off-loading; lift gate delivery; storage of goods prior to installation; security of equipment (on site and at night); equipment assembly and installation; safety surfacing; borders; drainage; signed/sealed drawings; or permits. Installation Terms: Shall be by a Certified Installer. The installer is an indepedent installer and not part of PlayCore, GameTime, nor Dominica Recreation Products. If playground equipment, installer will be NPSI and Factory Trained and Certified. Unless otherwise noted, installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub -base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Installer not responsible for sod replacement or damage to access path and staging area. Customer shall be responsible for unknown conditions such as buried utilities, tree stumps, rock, or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. Acceptance of quotation: Accepted By (printed): Signature: Title: E -Mail: P.O. No: Date: Phone: Purchase Amount: $129,128.94 Page 2 of 2 78 GameTime 09/22/2023 u c/o Dominica Recreation Products, Inc. Quote # P.O. Box 520700 105420-02-02 Longwood, FL 32752-0700 h 800-432-0162 * 407-331-0101 Fax: 407-331-4720 www.playdrp.com Indian River County - Round Island Playground - Option A Indian River County Parks & Recreation Ship to Zip 32960 Attn: Brad Dewson 1590 9th Street SW Vero Beach, FL 32962 bdewson@ircgov.com Description ! Drainage not in scope of work Digout around trees # } Siteplan/Survey by city 3200 Digout 5 -Star Pius - Dlgout/Skework of area (per sq. R) $1.40 $4,480:00 3200 Spoils 5-Ster Plus - Removal/Disposal from Site the Spoils from Digtwt $1.75 $5,600.00 (1 178749 GameMme - Owner's iGt $84.00 $84.00 1 RDU Gamellme - lonix Play Structure $65,806.00. , 35:00 $42,775.20 $42,775.20 1 6310 GameTime - G6 - $2,899.00 16.06" '$2,435.16 $2,435.16 1 Coastal Misc - Coastal Paint Application applied to all Metal Components $8,.400.00 $8,400.00 1 7029 GameTime - Whale Tail $14,631.00,:300 $14,095.07 $14,095.07 1 7031 GameTime - Whale $19,078.00 3.00 $18,505.66 $18,505.86 { 1 INSTALL 5 -Star Plus Five Star Plus Playground Installation Services- $28,000.00 $28,000.00 Performed by a Certified Installer, includes meeting and unloading delivery S truck, signed completion forms, site walkthrough, and 3 -Year Labor Warranty! ; 1 TREE -IG Freenotes Harmony Park - Twwr Tree — (With Inground Mount MR) $6,139.00 5.00 $5,832.05 $5,832.05 1 BFLY-1- Freenotes Harmony Park -Indigo Butterfly - (With Inground Mount Kit) $1,379.00 5.00 ►1,310.05 $1,310.05 IG 1 BFLY-Q- Freenotes Harmony Park -Orange Butterfly— (Wlth Inground Mount l(k) $1,379.00 5.00 $1,510.05 $1,310.05 IG 1 BFLY-T- Freenotes Harmony Park - Turquoise Butterfly — (With Inground Mount Kit) $1,319.00 5.00 $1,253.05 $.1,253.05 IG 1 BFLYY Freenotes Harmony Park -Yellow Butterfly — (With Inground Mount Kit) IG $1,319.00 5.00 $1,253.05 $1,253.05 1 RHYT Freenotes Harmony Park - Rhythm - (With Recycled Inground.Mount IQ) $2,349.00: 5.00 912,231.55 $2,231:55 IG-REC 3200 EWF-8 GT-Impax - Engineered Wood Fiber - 8" Compacted Depth- $1.68 11.90 ..' $1.4111 $4,736.00 per sq. ft. - ADA Compliant - IPEMA Certified - ASTM F1292 & F1951 I Compliant 320 0 Spread GT Im ax - Spreading of Wood Fiber - 910.t30 $1,920.00 i Wood Fiber will be delivered by large truck and dumped in staging area. Installer will use bob -cat or similar to move wood fiber into site, one load at time. Installer not responsible for sod or sidewalks from staging area to job site. 250 Sidewalk 5 -Star Plus - Concrete Pad or Path - Standard per sq. ft. $10.80 $2,700.00 i 1: . Sealed 5-Ster Plus - Signed/Sealed FSC 2020 Ah Ed Building Code Drawings $1,250.00 $1,250:00 GameTime 09/22/2023 c/o Dominica Recreation Products, Inc. Quote # P.O. Box 520700 105420-02-02 Longwood, FL 32752-0700 800-432-0162 * 407-331 -0101 Fax: 407-331-4720 www.playdrp.com Indian River County - Round Island Playground - Option A Permits 5 -Star Plus - Building Permits - Estimated Costs of Permits plus Time. If actual permit fees are significantly higher or lower, final invoice will be adjusted accordingly. If additional time spent acquiring permits, due to lack of information from owner, final invoice to be adjusted. Survey & Siteplan are to be provided by the owner for the permit application. Correct legal address will be required. INSTALL 5 -Star Plus - Install Freenotes This quote was prepared by Rob Dominica, President. For questions or to order please call - 800-432-0162 ext. 113 robd@gamodm.com $1,410.00 $1,400.00 $3,000.00 $3,000.00 Due to supply chain issues, and availability of some products. ALL orders are shipping in approximately 8-10 weeks, from date of accepted order. Some orders depending on specific items may take longer. Not until an order is in the system and processed can we give an expected ship date. In addition, labor shortages may cause installation dates to be extended. It is difficult to provide exact days for delivery and installation at time of order. Payment Terms: Governmental Purchase Order. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager. A completed Credit Application and Bank Reference Authorization, must be received with the order. The decision on credit is the sole discretion of GameTime/PlayCore. A 1.5% per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B. factory, order shall ship within 120 days after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of payment. Taxes: State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed, this quotation excludes all sitework and landscaping; removal of existing equipment; acceptance of equipment and off-loading; lift gate delivery; storage of goods prior to installation; security of equipment (on site and at night); equipment assembly and installation; safety surfacing; borders; drainage; signed/sealed drawings; or permits. Installation Terms: Shall be by a Certified Installer. The installer is an indepedent installer and not part of PlayCore, GameTime, nor Dominica Recreation Products. If playground equipment, installer will be NPSI and Factory Trained and Certified. Unless otherwise noted, installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub -base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Installer not responsible for sod replacement or damage to access path and staging area. Customer shall be responsible for unknown conditions such as buried utilities, tree stumps, rock, or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. Acceptance of quotation: Accepted By (printed): Signature: Title: E -Mail: P.O. No: Date: Phone: Purchase Amount: $160,840.10 Page 2 of 2 80 GameTime c/o Dominica Recreation Products, Inc. Re P.O. Box 520700 Longwood, FL 32752-0700 A air 800-432-0162 ' 407-331-0101 Fax: 407-331-4720 www.playdrp.com 09/22/2023 Quote 9 105420-01-05 Indian River County - Treasure Shores Playground - Option B Indian River County Parks & Recreation Ship to Zip 32960 Attn: Brad Dewson 1590 9th Street SW Vero Beach, FL 32962 bdewson@ircgov.com aty Part # Description List $ % L " Sidewalk to be border " Existing poured rubber and concrete to be removed by others • Access to site by others ' • Siteplan/Survey by city13600 j 5 -Star Plus - Digout/Skework of area (Per sq. ft.) $1.40 $5,040.00 �Digout 3600 Spoils 5 -Star Plus - Removal/Disposal from Site the Spoils from Digout $1.75 $6,300.00 1 . 178749 GameTime -.Owner's Kit $84.00 $84.00 1 RDU GameTime -Ship Themed PrimeTime System $28,068.00 24.00 $21,331.68 $21,331.68 1 1313 GameTime - Graduated Balance Beam $1,373.00 16.00 $1,153.32 $1,153.32 13 10768 GameTime Toad Stool Seat $627.00 16.00 $526.68 $1,580.04 ? 1 6269SP GameTime VistaRope Race 8 $31,920.00 6.00 $30,004.80 $30,004.80 1 SS5059 GameTime - Double Arch Swing (SS) $16,509.00 16.00 $13,867.56 $13,867.56. 1 6249 Gamellme - Sensory Cove Climber - Square $3,912.00 16.00 $3,286.08 $3,286.08 1 Coastal Misc - Coastal Paint Application applied to all Metal Components $6,600.00 $6,600.00 230 Curb GT lmpax - Concrete Curb (In. ft.} $38.54 $8,864.20 4' Nide - Not Reinforced 1 INSTALL 5 -Star Plus - Five Star Plus Playground Installation Services- $28,800.00 =28,800.00 Performed by a Certified Installer, includes meeting and unloading delivery truck, signed completion forms, site walkthrough, and 3 -Year Labor Warranty.! 1 CPSO- Freenotes Harmony Park - Calypso —(Silver Post -With Inground Mount Kit) $2,729.00 :$2,729.00 S -IG I 1 LPAD-G- Freenotes Harmony Park - Lllyped Cymbals (Green Cymbals) - (With $3,929.00 $3,929.00 IG-REC Recycled Inground MountlQ) 1 CCH -113 Freenotes Harmony Park - Contrabass Chimes - (YM Inground Mount i0t) $7,389.00 $7,389.00 1 INSTALL Freenotes Harmony Park - Installation of FreeNotes $2,400.00 $2,400.00 13600 EWF-8 GT lmpax - Engineered Wood Fiber - 8" Compacted Depth- $1,68 1190 $1A8. $5,328.00 per sq. ft. - ADA Compliant - IPEMA Certified - ASTM F1292 & F1951 Compliant 3600 Spread GT-Impax - Spreading of Wood Fiber- $0.60 $2,180.00 Wood Fiber will be delivered by large truck and dumped in staging area. i Installer will use bob -cat or similar to move wood fiber into site, one load at time. Installer not responsible for sod or sidewalks from staging area to job site. 1 Sealed 5 -Star Plus - Signed/Sealed F13C 2020 7th Ed Building Code Drawings - - $1;250.00. $1,250.00 GameTime 09/22/2023 fir C/o Dominica Recreation Products, Inc. Quote # P.O. Box 520700 105420-01-05 Longwood, FL 32752-0700 AFLA CORE 800-432-0162 ' 407-331-0101 Fax: 407-331-4720 www.playdrp.com Indian River County - Treasure Shores Playground - Option B Oty Part # Description t S Pi -r SpIling $ Ext. Selling $ 1 Permits 5 -Star Plus - Building Permits- $1,400.00 $1,400.00 Estimated Costs of Permits plus Time. If actual permit fees are significantly higher or lower, final invoice will be adjusted accordingly. If additional time spent acquiring permits, due to lack of information from owner, final invoice to be adjusted. Survey & Siteplan are to be provided by the owner for the permit application. Correct legal address will be required. ��� SubTotal $151,496.68 $9,555.42 This quote was prepared by Rob Dominica, President. For questions or to order please call - 800-432-0162 ext. 113 robd@gametime.com Due to supply chain issues, and availability of some products. ALL orders are shipping in approximately 8-10 weeks, from date of accepted order. Some orders depending on specific items may take longer. Not until an order is in the system and processed can we give an expected ship date. In addition, labor shortages may cause installation dates to be extended. It is difficult to provide exact days for delivery and installation at time of order. Payment Terms: Governmental Purchase Order. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager. A completed Credit Application and Bank Reference Authorization, must be received with the order. The decision on credit is the sole discretion of GameTime/PlayCore. A 1.5% per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B. factory, order shall ship within 120 days after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of payment. Taxes: State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed, this quotation excludes all sitework and landscaping; removal of existing equipment; acceptance of equipment and off-loading; lift gate delivery; storage of goods prior to installation; security of equipment (on site and at night); equipment assembly and installation; safety surfacing; borders; drainage; signed/sealed drawings, or permits. Installation Terms: Shall be by a Certified Installer. The installer is an indepedent installer and not part of PlayCore, GameTime, nor Dominica Recreation Products. If playground equipment, installer will be NPSI and Factory Trained and Certified. Unless otherwise noted, installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub -base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Installer not responsible for sod replacement or damage to access path and staging area. Customer shall be responsible for unknown conditions such as buried utilities, tree stumps, rock, or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. Acceptance of quotation: Accepted By (printed): Signature: Title: E -Mail: P.O. No: Date: Phone: Purchase Amount: $161,052.10 Page 2 of 2 82 LIMLON INDIAN RIVER COUNTY, FLORIDA .G. AGENDA ITEM - Deputy County Administrator / Department of Community Services Date: November 29, 2023 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, County Administrator Michael Zito, Deputy County Administrator Cindy Emerson, Community Services Director From: Amie Rutherford, Human Services Manager Subject: Revision to Administrative Policy 908.1, Indian River County Disposal of Indigent Bodies (Burial and Cremation) BACKGROUND: On November 22, 2011, the Indian River County Board of County Commissioners adopted Administrative Policy 908.1, Indian River County Disposal of Indigent Bodies (Burial and Cremation) to adhere to the requirements of Chapter 406 of the Florida Statute and provide dignified burial or cremation for persons who are indigent or unclaimed. On June 6, 2023, the BOCC approved an amendment to the policy which increased the reimbursement cost to funeral homes who provide cremation services under this policy. Upon conducting a thorough review of the current policy, it has become evident that additional revisions are needed to accurately reflect recent organizational changes and provide procedural clarity to all stakeholders following the revisions made on June 6, 2023. The updated policy is attached. Urnvnnvr_. There are no changes to the approved funding for this service as listed below. This service is funded in the FY23/24 budget through the Human Services Division. Funding is provided through account 00121164-033171 and is currently budgeted at $35,000. Should indigent burials exceed the amount funded in FY23/24, a budget amendment would be necessary. Account Name Account Number Amount General Fund/ Human Services/Indigent Burial Costs 00121164-033171 $35,000 [3t] RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed revisions to Administrative Policy 908.1 and authorize the County Administrator to sign the same for incorporation into the County Administrative Policy Manual. 84 Administrative Policy Manual) SECTION: Miscellaneous I NUMBER: 908.1 * * SUBJECT: Indian River County Indigent Cremation POLICY: It is the policy of Indian River County to adhere to the requirements of Chapter 406 of the Florida Statutes and provide dignified cremation to Indian River County indigent residents or unclaimed bodies. Such service shall be through the use of cremation except where prohibited by law or regulation; or where a relative has expressed a preference for burial. The coordination of cremation services shall be handled through the Indian River County Human Services Division. COMMENT: 1. Human Services Division shall make reasonable efforts to locate any of the decedent's relatives and a diligent search will be made to identify assets of the deceased to pay for costs associated with the final disposition of the body. Unless waived by the Human Services Manager or designee, only the bodies of persons who die in Indian River County shall be considered to be the responsibility of Indian River County. 2. Unless otherwise directed by the Medical Examiner's Office, all bodies, except for those unidentified, will be cremated. In the absence of a family member, relative or other designee of the deceased, the County Administrator or designee is authorized to sign the approval for cremation. Should relatives of the deceased oppose cremation, they will be allowed to pay the funeral home directly for the additional cost incurred. The County cost will be limited to the payment equivalent for cremation. 3. This policy shall limit the amour : financial support that Indian River County will contribute towards cremation. The amount shall not exceed $750.00 for cremation. The liability to Indian River County to underwrite such expenses shall only be afforded to those individuals who were determined to be indigent with no funds available to cover the cremation. Indian River County Human Services Division will verify eligibility for such County contribution. 4. The Human Services Division will maintain internal operational procedures for implementation of this administrative policy and for working with funeral homes, the community, other Indian River County departments, state agencies, and other interested parties. A. Medical Examiner's Office: The Medical Examiner's Office will refer unclaimed bodies to the designated funeral home according to the procedures established with the Human Services Manager. B. Oversight and Records: The Human Services Manager will provide oversight for the fiscal management, operational activities, and program records. C. State Anatomical Board: Unclaimed bodies meeting the requirements of the Anatomical Board of the State of Florida shall be offered to the Anatomical board as required by Chapter 406, Florida Statutes, and will become the responsibility of the State Anatomical Board for disposition. 85 ��4t� xkro z \Gy Administrative Policy Manual) SECTION: Miscellaneous I NUMBER: 908.1 * * SUBJECT: Indian River County Indigent Cremation D. Claiming a Body: Nothing in this policy or in the procedures promulgated hereunder shall prevent relatives or others from taking responsibility for a body at any time. E. Veteran of Armed Forces: The County shall determine if the deceased is eligible for burial in a national cemetery by contacting the County Veterans Services office or the Regional Office of the U.S. Office of Veteran Affairs and if found eligible, the County shall make arrangements for such burial services in accordance with the provisions of 38 C.F.R. F. Disinterment: Relatives requesting disinterment for a burial authorized by Indian River County will pay all fees to cover all costs associated with said removal. G. Verification of Requests for Services: Upon receipt of a request for assistance with indigent cremation expenses, the Human ServicesDivision shall investigate the request and verify the information accompanying the request. An investigation of the request for payment may involve assessment of, but not limited to, the following: a. A completed Cremation Intake Form. ; b. Past employers c. Past landlords 1% d. Schools e. Department of Health and Human Services f. Department of Veteran Affairs g. Social Security Administration h. As " ft' aki 'tutions M ,}. g s k. In a companies 1. Friends or acquaintances of the deceased IMM A request for assistance may be initiated by a relative, other individual, an undertaker, a nursing home or boarding home, a hospital, an institution, or a local law enforcement agency. H. Indigent Person: A person whose family income does not exceed 100 percent of the current federal poverty guidelines prescribed for the family's household size by the United States Department of Health and Human Services. I. Eligibility: A resident or non-resident, declared to be indigent, is eligible for an indigent cremation in the event of death in Indian River County. The Human Services Division shall request that all hospitals and nursing homes operating in Indian River County identify non -county residents admitted to the institution, and in the event of death of the non -county resident, notify the Human Services Division. The Human 86 �G � Administrative Policy Manuals SECTION: Miscellaneous I NUMBER: 908.1 * * SUBJECT: Indian River County Indigent Cremation oRIV" Services Division shall then transmit a request for assumption of indigent cremation payment to the county of residence. J. Inpatient Accounts: If death occurs while the deceased is a patient in a nursing home, the County shall request that the nursing home notify the Human Services Division of any funds which may have accumulated in the inpatient account. The County shall consider such funds in assessing the indigence of the deceased. If these funds exceed or are equal to County indigent cremation payments, the County will not accept the case. If the funds are less than or equal to the eligible costs, the County will pay the difference between the funds available and the eligible costs. K. Other Death Benefits: if the deceased is eligible for any other death benefits, including, but not limited to, social security,, railroad retirement and/or union death benefits, which exceed or are equal to county indigent cremation payments, the county will not accept the case. L. Reimbursements: The County will`file for reimbursement of cremation expenses from available sources including inpatient accounts, banking institutions and any other source. M. Participating Funeral Homes: Any licensed Indian River County funeral home may request to be placed on the rotation schedule for participation in the indigent cremation program. During its scheduled time on the rotation, a participating funeral home agrees to accept all County approved decedents for direct cremation, the minimal service option available that includes: removal of the decedent, transport to the crematory, the cremation, a basic urn, and no funeral service. Refusal of an pproved indigent, during a rotation period, may result in exclusion from the roeram. 1. Indian River County will provide a confirmation letter to the funeral home on the rotation for each approved indigent cremation. All funeral home arrangements or contracts agreed upon prior to county approval will qualify indigent for county assistance. 2. Funeral homes accepting indigent cremations shall not accept funds from family members and/or friends to upgrade services. No navments will be made to any party other than the funeral home. 3. In order to receive p - qffi-e-nT froln Itie oun a era ome musreceive authorization from the County prior to cremating the decedent. 87 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Deputy County Administrator / Community Services Date: December 12, 2023 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cindy Emerson, Community Services Director From: Leigh Anne Uribe, Human Services Program Coordinator Subject: Renewal of Florida Power and Light (FP&L) Care to Share Agreement BACKGROUND: The Florida Power and Light (FPL) Care to Share Program offers emergency assistance to eligible Indian River County residents facing difficulties in paying overdue FPL power bills. Previously, the Indian River County Board of County Commissioners entered a five-year agreement with FPL to oversee the administration of the Care to Share Program. Attached is a copy of the proposed renewal agreement to be entered between FPL and Indian River County. DESCRIPTION AND CONDITIONS: The "Care to Share" program, established by FPL, relies on contributions from the utility's customers, shareholders, and employee contributions to offer emergency energy assistance to low- income residents in Indian River County. This aid specifically targets those facing financial emergencies in settling overdue power bills from FPL. Under this renewed agreement, FPL's Area Business Specialist will act as the primary contact with the County's Community Services Department through the Human Services Division. The program is designed to be a last -resort funding option, stepping in only after exhausting all available Federal and State resources. Administratively, the program is found to be easily manageable, imposing minimal strain on existing staff. It serves as a supplementary source of non-governmental funds to assist citizens in energy crisis situations. The aim is to continue supporting individuals in need while ensuring efficient collaboration with existing public resources. 88 Contributions from FPL received FY 2018 $22,324.36 FY 2019 $75,552.49 FY 2020 $32,338.91 FY 2021 $75,389.58 FY 2022 $95,746.99 FUNDING: The FPL Care to Share Program is fully funded through financial contributions made by FPL shareholders, employees and customers. No County funding is required. RECOMMENDATION: Staff respectfully recommends the Board approve the renewal of the Care to Share agreement with Florida Power & Light and authorize the Chairman to sign the Agreement. ATTACHEMENTS: FPL Care to Share Program Agreement 89 Florida Power & Light Company FPL CARE TO SHARE® PROGRAM AGREEMENT FPL East Service Area 5 -Year Agreement from January 1, 2024, to December 31, 2028 THIS AGREEMENT is entered into between FLORIDA POWER & LIGHT COMPANY, hereinafter referred to as "FPL" and INDIAN RIVER COUNTY, hereinafter referred to as the "Agency." The Agency should provide each of its intake offices involved in the program with a copy of the executed agreement. FPL's facilitation of this program agreement is delegated to FPL's Area Special Consumer Services Business Specialist. Agency staff/volunteers handling intake for the program will hereinafter be referred to as "Caseworkers." To assist the emergency needs of people in times of hardship, FPL shareholders, employees and customers are providing a contribution fund known as the "FPL Care To Share®" emergency energy assistance fund for electric utility payment, also referred to as "C2S." As part of its obligations under this agreement, the Agency will administer the FPL Care To Share funds to provide emergency energy assistance (payment of FPL bills) to eligible residents in Indian River County, Florida. The Agency will serve as the administrator and lead service provider for the program and may be asked to coordinate with other FPL Care To Share service provider(s) in the county, as designated by FPL. The Agency will register in the FPL ASSIST Program. The FPL ASSIST Program provides a standardized process for the Agency to access/verify customer account information, provide information to FPL for program qualification purposes and notify FPL of pending agency payments. The FPL ASSIST Web Portal is the agency's primary resource to access/verify account information and to make commitments. The "FPL ASSIST Office" is the telephone center for the FPL ASSIST Program and serves as a secondary contact point for the Agency, if needed. The Agency will work with the appropriate social service providers in their area by sharing FPL Care To Share program information and promoting broad access to these community resources through the formal FPL Care To Share structure. As a condition to this Agreement becoming effective, the Agency will furnish to FPL a copy of its letter of determination of tax exempt status (not applicable for agreements with county/municipal entities). The Agency will determine the eligibility of energy assistance recipients, subject to the FPL Care To Share program criteria. FPL will play no part in determining the eligibility of the applicant for assistance, or the amount of funding an approved applicant might receive. Before proceeding with eligibility assessment, the Agency must secure from the Account Holder (or Applicant) a signed "Authorization for Release of General and/or Confidential Information" form, in order to have access to FPL billing information. FPL reserves the 1 FPL Care To Share Program Agreement (rev 11-27-2023) 90 right to request the Agency to provide copies of the forms as part of the program audit requirements. If telephone pre-screening is conducted, the caseworkers will review the information from the release form and seek the applicant's verbal approval to share information. Caseworker should note on the file that the applicant's verbal approval was obtained. The Agency shall ensure that no person shall be subjected to discrimination in connection with the FPL Care To Share program on the basis of age, gender, disability, race, color, creed, national origin, religion or ancestry contrary to applicable law. FPL customers who are potential recipients of FPL Care To Share funds shall have equal opportunity for assistance, and assistance remains available twelve months per year, as funding and resources permit. The eligibility criteria cannot be added to or deviated from without the prior consent of the FPL Area Business Specialist Manager. The Agency signing this Agreement does hereby bind itself to the following terms and conditions: I. Eligibility Criteria Potential recipients must contact the administering Agency and follow the agency's intake process, which could include receiving preliminary screening and making an appointment with the Agency representative when appropriate. An eligible applicant is one who meets all the following criteria: 1. Must physically reside in FPL's service area at the address for which assistance is sought. 2. Must have an account with FPL or reside at the service location. Should an Agency employee seek to apply for FPL Care To Share assistance through the Agency, an Agency supervisor — such as the Primary or Alternate contact listed on FPL ASSIST Program record - must contact the FPL Business Specialist MaRager in advance for approval and commitment placement. 3. Must have identification that reflects the applicant name and the same address as the FPL account. Some examples of acceptable identification include a driver's license, a rent receipt, a water or phone bill, a tax bill or a mortgage statement 4. Must have a delinquent or Past Due FPL bill, final notice, or disconnect notice for the FPL account. If, however, the customer's account is not delinquent, the customer with a current bill may satisfy this requirement by showing proof of a family or personal crisis. The Agency is responsible for reasonably determining what constitutes a family or personal crisis. Current bill is alse eligibliee, + *TenGy caseworker reasenably deems it appropriate 2 FPL Care To Share Program Agreement (rev 11-27-2023) 91 5. Must NOT have received a benefit under the FPL Care To Share Program within the last twelve months, at the current service address. The initial commitment set- up date is used to determine the 12 -month time period. 6. Must consider all other available government -funded sources for electric service payment assistance first, unless the applicant is in imminent danger of losing electricity (service disconnect), and time does not allow the client to apply for government funds. In addition, FPL recognizes that government funds may not be available at the time due to limited resources. If that's the case, the caseworker should record the circumstances in the applicant's file. But if time does permit and government funds are available, then FPL Care To Share should be considered only after the government funds for which the applicant qualifies have been applied for or committed. 7. Must have a plan in place to maintain additional/future household expenses, if FPL Care To Share assistance is provided. 8. Must follow the income guidelines provided below in Table 1.1, which will be updated annually based on the ALICE (Asset Limited Income Constrained Employed) reporting which will be provided by United Way. The annual updated ALICE guidelines will be provided to the Agency by FPL, as soon as possible, for immediate distribution and implementation to all the offices of the Agency administering FPL Care To Share funds. The incomes of all persons residing at the service address are to be included in determining household income eligibility. The AgeRGN se flexibility OR expandORQ the ADP-4GaA.At,C; limit'; based ren peGn +l G*tUatiOn and need Table 1.1: Income Guideline thresholds by family type and FPL Region FPL Re ion Count Single Adult annuall Family Senior 60+ annuall 11yj East Indian River $25,464 $74,460 $28,224 Martin Okeechobee Palm Beach St. Lucie 9. Must NOT have a history of fraud or service tampering. This may include, but is not limited to, using a minor or fictitious name, unauthorized connection, re- connection or by-passing of the electric meter, current diversion, or tampering with the FPL service in any way. FPL views fraud and service tampering very seriously. If an applicant with a history of fraud or service tampering is permitted to receive an FPL Care To Share 3 FPL Care To Share Program Agreement (rev 11-27-2023) 92 Program commitment, FPL reserves the right to pursue return of payment from the customer for any charges related to the fraud or service tampering activity. None of those charges can be paid for by FPL Care To Share Program funds. II. FPL Care To Share Application, Documentation and Records Retention 1. Caseworkers will ask the applicant to sign an Authorization for Release of General and/or Confidential Information form and retain that signed original. If telephone pre-screening is conducted, the caseworkers will review the information from the release form and seek the applicant's verbal approval to share information. Caseworker should note on the file that the client's verbal approval was obtained. 2. Caseworkers will use the Agency's standard intake form for the FPL Care To Share program. 3. Caseworkers will record the applicant's proof of crisis and plan to sustain future bills. 4. Caseworkers will secure and retain a copy of the applicant's actual bill (or FPL bill statement provided through the FPL ASSIST Web Portal or by FPL staff), notating the balance eligible for the program. Balance should be verified through the FPL ASSIST Web Portal. 5. Regarding income, caseworkers will: a. Use potential recipient's current participation in Temporary Assistance for Needy Families (TANF), Medicaid, Supplemental Security Income (S.S.I.), food stamps, and public housing for means testing. b. Verify and record "self -declaration" of recipient's income based on established Agency guidelines to limit inappropriate disbursements. 6. If a call to the FPL ASSIST Office is needed to qualify the applicant, caseworkers will note the date of the call and the first name of the FPL ASSIST representative who handled the call. In most cases, caseworkers should be able to use the FPL ASSIST Web Portal to qualify the applicant and make a commitment. The use of the FPL ASSIST Web Portal should then be noted. 7. Caseworkers will retain all approved applications, disapproved applications, and other pertinent records described in this section, for a period of three calendar years plus the current calendar year. 8. Caseworkers will maintain a list of retracted commitments, indicating reason for retraction and when FPL was notified. III. FPL Care To Share Payment Requirements All FPL charges with the exception of deposits, non -electric optional products and services, return check fees, and additional billings resulting from service tampering (non -inherited current diversion charges) are eligible for the program. .��., 4FPL Care To Share Program Agreement (rev 11-27-2023) 93 Late payment fees assessed to customer accounts during the time the Agency's disbursement process to the utility is pending are applicable. 2. If funds are available, and the recipient has no other means to pay, the Agency must pay the entire delinquent amount up to the currently prescribed upper limit, as determined by FPL. While this limit can be increased or decreased at the discretion of FPL, the standard upper limit for the program is $500. 3. No recipient may receive more than a one-time benefit in a twelve-month period on the current account. No recipient may circumvent this limitation. Commitment initial set-up date is used to determine the 12 -month time period. 4. Disbursement of funds by the Agency must be by check payable to Florida Power & Light Company and must be received by FPL's Payment Processing Center no later than 60 days from the commitment date. 5. Payment must be submitted in the name of the FPL Account Holder (customer of record) for the household applying for assistance. 6. Exceptions to the requirements listed above require the approval of the FPL Area Business Specialist mer, and may require additional approval by the FPL Lead Area Business Specialist nem. IV. Public Energy Assistance Programs The FPL Care To Share Program is designed to fill voids in existing energy assistance programs that have exhausted their resources or where recipient's needs exceed program limits. Agency caseworkers should document efforts to link recipient with the Low Income Home Energy Assistance Program (LIHEAP), the Emergency Home Energy Assistance Program for the Elderly (EHEAP), and the National Food and Shelter (FEMA) program energy funds in advance of, and prior to committing any, FPL Care To Share funds to such client. V. FPL / Agency Interface Program Fundin_g FPL will solicit its customers to contribute to the "FPL Care To Share" fund via the customer's monthly electric statement, and may as an option supplement customer contributions with shareholder and employee contributions. FPL will determine in its sole discretion the method by which contributions will be collected. FPL will collect and distribute these funds to the administrative Agency proportional to the amount of donations received in the area to which the Agency has agreed to provide program services. FPL shareholder and employee contributions will be distributed to the administrative Agency at the discretion of FPL, with area population and poverty factors considered. FPL will work closely with the Agency on disbursement of Agency funding. FPL funds from all sources will be disbursed to the Agency on a quarterly basis (subject to change upon 30 days notice from FPL). 5 FPL Care To Share Program Agreement (rev 11-27-2023) 94 Program Commitments and Payment Commitments must be paid and itemized using an FPL Payment Transmittal form (or alternative transmittal as pre -approved by FPL) that contains the following: Agency name, address, preparer's contact phone and/or email and date submitted Funding type for the payments contained on the specific transmittal (i.e., LIHEAP, EHEAP, FPL Care To Share, and Other Assist) Note: Please use separate transmittals for different funding types. FPL Customer Name of Record Address where FPL is providing service Alternative Client Name if not FPL Customer of Record • FPL Bill Account Number • Amount of Commitment to be placed. Prepared transmittals must be mailed to the following address, and FPL will provide pre -addressed envelopes upon request: FPL ASSIST P.O. Box 25231 Miami FL 33102-5231 In some cases, the Agency may not be able to use the Transmittal Envelope because of their processing system. In those cases, and to ensure timely and accurate posting of payments, the above identified mailing address must still be used. Agency commitments may be submitted in the following ways: 1. FPL ASSIST Web Portal 2. Phone call to 1-800-480-7927 No deductions from FPL Care To Share funds may be made for overhead, salaries, administrative costs or any other expense incurred by the Agency. The entirety of funds disbursed for FPL Care To Share must be applied to payment assistance on behalf of FPL customers. FPL Program Staff The FPL ASSIST Web Portal is the agency's primary resource to access/verify account information and to make commitments. The "FPL ASSIST Office" is the telephone center for the FPL ASSIST Program and serves as a secondary contact point for the Agency, if needed. The FPL Area Business Specialist wager will serve as primary contact concerning the overall administration of the program, including when the Agency is requesting an exception commitment. The FPL Area Business Specialist Maflager has the authority to change FPL Care To Share program qualifications and process requirements on a "temporary" basis, with thirty days notice to the Agency, if in the best interests of FPL, its customers and partner agencies. This would include temporary changes to payment limits, number of payments for a client annually and other such considerations. 6 FPL Care To Share Program Agreement (rev 77-27-2023) 95 Client Education The Agency should encourage energy efficiency through referral of the client to FPL's free energy survey service (1 -800 -DIAL FPL) and by distributing FPL energy conservation and program information, when feasible and as appropriate for the applicant. FPL will keep the Agency advised regarding available programs. The Agency should encourage FPL's billing and payment programs, when feasible and as appropriate for the applicant, including FPL 62PIus, Friendly Reminder, On - Call, Budget Billing, and others as appropriate. FPL will keep the Agency advised regarding available programs. Agency Staff Training Caseworkers handling intake for the FPL Care To Share Program must first be trained on the program criteria, either through the agency, FPL Area Business Specialist Manager or a combination of both sources. Caseworkers must read, sign and agree to abide by the Program Eligibility Criteria outlined in the FPL "Staff/Volunteer Certification" form. Caseworkers will sign this form to confirm their understanding of program criteria, and their commitment to use account information obtained from FPL for the sole purpose of conducting the customer qualification process. The form must be maintained by the Agency and be made available upon request. Agency Staff/FPL ASSIST Record The Agency must maintain its list of authorized agents for FPL's ASSIST Program through the FPL ASSIST Web Portal. VI. Auditing The Agency will routinely review FPL Care To Share recipient files and program processes. The Agency will include FPL Care To Share funding in its own internal auditing schedule and will confirm the completion of such audits by their signature on the Quarterly Agency Statement of Fund Verification form. In this report, the Agency will indicate any significant irregularities to FPL as found. On a quarterly basis (due by the 15th day of the first month of each quarter, for the prior quarter), the Agency will provide to the FPL Area Business Specialist Maeager the following: the completed Agency Statement of Fund Verification form, signed by a principal of the Agency, confirming the FPL Care To Share fund to be "in balance" and verifying that the information provided is as true and accurate as possible. The completed and signed Agency Statement of Fund Verification form also demonstrates the Agency's internal reconciliation of the fund. the Agency Statement of Fund Verification form also includes the following metrics: o Previous Audit Ending Balance o Funds Provided by FPL to Agency o Transmittals Paid and/or Submitted to Agency Payment Dept for Payment 7 FPL Care To Share Program Agreement (rev 11-27-2023) 96 o Other Adjustments o Audit Ending Balance o Number of Customers Served Copies of all transmittals pertaining to that Quarter's report. The FPL Area Business Specialist MaRager will help to coordinate the audit of the records submitted and will request from the agency copies of signed Authorization for Release of General and/or Confidential Information forms for customers selected at random from the accounts covered in that quarter. Upon completion of the quarterly audit, the FPL Area Business Specialist mer will provide a completed quarterly audit report to the Agency. The report will specifically confirm the audit as acceptable (or not), and/or identify any exceptions cited, along with recommended (or required) steps to eliminate or correct said exceptions and process shortcomings. In addition to the quarterly audit, FPL and/or a third -party designee will conduct an on-site agency Operational Review no more than once every two years. These on- site visits are intended to be minimally intrusive to the agency's normal operation, and will be scheduled approximately thirty days in advance. The agency will be advised on what type of files/documentation/information will be needed for review. The agency may be asked to review some information in advance, to facilitate an efficient on-site review. VII. General The Agency and FPL personnel will strive to provide this community resource with a high degree of professionalism, reflecting positively on the program's donors, FPL and the Agency. The Agency and FPL have named the following designees for purposes of this Agreement: FPL Corporate Contact Dawn Nichols Vice President, Customer Service 700 Universe Boulevard Juno Beach, Florida 33408 FPL Area/Regional Contact Agency Contact Budget Director Indian River County 1801 27th Street Vero Beach, Florida, 33960 772-226-1214 Laura Bayona Special Consumer Services Business Specialist 4105 15th Ave SW Naples, Florida, 34116 239-248-9176 The Parties understand this program is designed to be flexible to the current needs of the community, and modifications may be made from time to time to make the program more effective. Any modifications to this Agreement must be by mutual agreement of the Parties in form of a written amendment. 8 FPL Care To Share Program Agreement (rev 11-27-2023) 97 VIII. Miscellaneous FPL may terminate this agreement at any time without liability to any party. In no event shall either party hereto be liable to the other for consequential, special, exemplary, indirect or incidental losses or damages under the agreement, including loss of use, cost of capital, loss of goodwill, lost revenues or loss of profit, and Agency and FPL each hereby release the other and each of such persons and entities from any such liability. This agreement is governed by Florida law. THE PARTIES HERETO WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION ARISING IN CONNECTION WITH THIS AGREEMENT. The remainder of this page is intentionally blank g FPL Care To Share Program Agreement (rev 11-27-2023) 98 IX. Approvals Upon its execution, this Agreement shall supersede any previous agreements and remain in force for five years -- from January 1, 2024 to December 31, 2028. Either party has the right at any time on ninety (90) days written notice to the other to terminate or amend the Agreement. Should this occur, any remaining funds will be returned to FPL along with a complete accounting. IN WITNESS WHEREOF, Florida Power & Light Company and the Agency caused this Agreement to be executed on the date indicated below. FPL Florida Power & Light Company 700 Universe Boulevard Juno Beach, Florida 33408 By: (Signature) Dawn Nichols, Vice President, Customer Service Agency Board of County Commissioners 180027 th Street Vero Beach, Florida 32960 By: (Signature) Susan Adams, Chairman (Date) (Date) APPROVED BY BOARD OF COUNTY COMMISSION: DATE ATTEST: Ryan Butler, Clerk of Court and Comptroller By: Title: Approved as to form and legal sufficiency: William K. DeBraal, County Attorney Indian River County, FL Approved: John A. Titkanich, Jr., County Administrator Indian River County, FL 10 FPL Care To Share Program Agreement (rev 11-27-2023) 99 CONSENT: 12/12/2023 $'i' Office of INDIAN RIVER COUNTY William K. DeBraaL County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: William K. Debraal, County Attorney DATE: November 28, 2023 ATTORNEY SUBJECT: Resolution Cancelling Taxes — Purchased from Go Life Holding, LLC 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 12'h Street, 16'h Street, and 98h Avenue Location/Description: 1555 94TH AVE — PID 33-38-10-00001-0030-00001/0 1355 94TH AVE — PID 33-38-10-00001-0060-00001/0 1055 94TH AVE — PID 33-38-10-00001-0110-00001/1 1180 98TH AVE — PID 33-38-10-00001-0120-00001/0 1180 98TH AVE — PID 33-38-10-00001-0120-00001/0 Purchased from: Go Life Holding, LLC Instrument: Warranty Deed, recorded in Book 3608, Page 1468 of the public records of Indian River County AND Public Purpose: Right -of -Way for P Street Location/Description: 1180 98TH AVE —PH) 33-38-10-00001-0120-00001/0 9450 8TH STREET — PID 33-38-10-00001-0140-00002/0 Purchased from: Go Life Holding, LLC Instrument: Warranty Deed, recorded in Book 3623, Page 163 of the public records of Indian River County FUNDING: There is no cost associated with this item. 100 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(s) Payment Receipt from Indian River County Tax Collector cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 101 RESOLUTION NO. 2023 - Purchased from Go Life Holding, LLC Public Purpose: Right -Of -Way for 8th Street, 12th Street, 16th Street, and 98th Avenue Tax Parcel No(s).: 1555 94TH AVE — PID 33-38-10-00001-0030-00001/0 1355 94TH AVE — PID 33-38-10-00001-0060-00001/0 1055 94TH AVE — PID 33-38-10-00001-0110-00001/1 1180 98TH AVE — PID 33-38-10-00001-0120-00001/0 1180 98TH AVE — PID 33-38-10-00001-0120-00001/0 1180 98TH AVE — PID 33-38-10-00001-0120-00001/0 9450 STH STREET — PID 33-38-10-00001-0140-00002/0 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.; 1 102 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 Go Life Holding, LLC, a Florida limited liability company 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 3608, Page 1468 of the Public Records of Indian River County, Florida. AND See Warranty Deed describing lands, recorded in O.R. Book 3623, Page 163 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: Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph Earman, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner 2 103 RESOLUTION NO. 2023 - The Chairman thereupon declared the resolution duly passed and adopted this 12th day of December, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA IN Name: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller in Deputy Clerk Tax Certificates Outstanding —X Yes No Current Prorated Tax Received and Deposited with Tax Collector $231,490.01 Approved as to form and legal sufficiency: By: William K. DeBraal County Attorney 3 Chairman 104 312023MU043 RECORDED IN THE PUNM-" _ JEFFREY R SMITH, Ciw•QFPT INDIAN RIVER C04*10K This oocument was prepared by and should be BK 3608 PG 1488 pgo 1 40 5 3/2312023 4 26 PM returned to the. D DOCTAX PD $0 70 County Attorney's Office 801 271, Street Vero Beach, FL 32960 STATjjj■■■L Y WARRAM DEED THIS INDENTURE, made this day of: • . '2023. betwoo't GO :LIFE KOLL WQf LLC, a Florida limited 11ifft company, .Whm ess is '305 , t Ns Smyrna Beach, Florida 32168, GRANTOR, and INPIAN RIVER COUNTY, a poftsl subdivision of the Stats of Florida, whose address is 1801 271N Sheat, .Vero Bosch. FL 3W GRANTEE, WITNESSES THAT: GRANTOR, for and in consideration of ft sum ofT-*I;6 ollars and outer food and valuable consideration to GRANTOR in hand pfd by GRANTEE-; ft receipt of Which is hereby ackinowledg�adI has granted, bargained, and sold to the GRANT rL, and G MTEeS h*s and assigns f waver, the follo%Who desaribo land situate, tying, and beft In killion River Gormty, Florida: See Exhibits "A" and "B" attached and tn.amporaW by reference hMi*M AND GRANTOR does hereby fully warrant the title to the sold fond, andWdoWd the same against the lawful claims of all persons whomsoever; Signed in the presence of: - N..�... :.,... GO LIFE HOLDlN6P t.; ZA a Florida limit8d ri lily: t ~ ; PrinaiW n�rtu: PVkW nwne: STATE OF FL IDA COUNTY OF 2' The foregoing instnnnent was: A010awledged befo» nie; by means• -of 011<0car presence or O online notarization, this day of 2023 by .1an*e W. Kom, Pe Manager of GO LIFE t NG, LC, a Florida �i �r compan , on is of the Y company, who is personally known or Q producoO Identification in go firm Of NOTARY PUBLIC NOTARIAL SEAL: ;0mmWolonNo $. ' 't6tnwiiiiolon expiration. ChrMetine Haycock ' - 1 =IPM01143-2 IkPP AS FO , Y 105 106 SKETCH OF LEGAL [)[SCRIPT/ON EXHIBIT "A" SKETCH OF DESCRIPTION — N07 A FIELD BOUNDARY SURVEY THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD. INC. L.B.#6905 d.b.o. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: BILLY M. MOODY P.S.M.# 5336 LEGAL DESCRIPTION PARCEL A A PARCEL OF LAND BEING THE NORTH 6D.00 FEET OF TRACTS 11 AND 12, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED 1N PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF 51. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPTING THE EAST 30.00 FEET OF SAID TRACT 11, AND ALSO LESS AND EXCEPTING THE WEST 60.00 FEET OF SAID TRACT 12. PARCEL B A PARCEL OF LAND BEING THE NORTH 30.00 FEET OF TRACT 3, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA: LESS AND EXCEPTING THE EAST 30.00 FEET THEREOF PARCEL C A PARCEL OF LAND BEING THE SOUTH 30.00 FEET OF TRACT 6, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPTING THE EAST 30.00 FEET THEREOF. i i I 1 ABBREVIATIONS: PBS — PLAT BOOK ST. LUCIE POB — POINT OF BEGINNING POC -- POINT OF COMMENCEMENT I.R.F.C.W. — INDIAN RIVER FARMS WATER CONTROL DISTRICT R/W — RIGHT OF WAY MERIDIANTN 1S SKETCH OF DESMPTION IS NOT VAUD VATHTHE OUT LAND VURVEYC?Rs 11GlWUREANDORFIAW THE tGIClALMISED SEAL OF THE DA: LICENSED SURV AND MP PER NAUED BELOW. 17171NDIAN RIVHR BLVD, ,SUITS 201 ® VERU BBACK FL. 32960 IBM905 FHUNE 772-741213 FAX 772-744-1096 E64AiL-INF6{c]Mi8LB6905.COM _ BILLY M. MOODY P.S.M,18336 PAGE: 2 OF 2 107 SKETCH OF L ECAZ DLI -SCRIP T/ON EXHIBIT B GRAFNrC SCALE 503 O iso Soo (A' FEET ) i nrn = 50011. North W. SEC. SW CORNER ur-10-33S-38E ALONG THE 1/4 SECTION LINE OF SECTION 10, TOIIWSHP 33 SOUTH, RANGE 3B EAST MERIDIAN LAND SUHV 17171NDIAN GIVER BLVDVI),, S= 201 VERO BB M FI - 32960 LBtl6905 61 PHOM m-794-1213 PAX: 772-794-1096 EMAII.:T Wbg( 8-LB6905.00M THIS SKETCH OF DESCRIPTION ARE NOT VALID WTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF 7HE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND SEAL MAY RE FOUND AT THE END OF THE ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE ANOTHER. 108 SKETCH OF LEGAL DESCRIPTION . SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY THIS SURVEY PERFORMED i3Y: HOUSTON, SCHULKE, BITTLE & STODDARO, INC. L.B.#5905 d.b.o. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE. BILLY M. MOODY P.S.M.# 5336 LEGAL DESCRIPTION THE EAST 30.00 FEET OF THE WEST 50.00 FEET OF TRACTS 12 AND 13, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE SOUTH 100 FEET THEREOF. BL+ BREVIATIONS: PBS - PLAT BOOK ST. LUCIE POB — POINT OF BEGINNING POC — POINT OF COMMENCEMENT I.R.F.C.W. — INDIAN RIVER FARMS WATER CONTROL DISTRICT R/W — RIGHT OF WAY M ER1DiAN THIS SKETCH OF DESCRIPTION IS NOT'VAL'O WRHOIfTTHE SV'RATUREAfm THE ORIMNAL FAISE0 SEAL OF THE FLORIDA LAND SURVEYCRS 61 LICENSED SURVEYOR AND R`MPER NAMED BELOW. 1717 DMIAN RIVER BLVD, SUIT$ 201 VEW BEACIT, HL, 32960 T R#6905 PEON6:772-7941213 FAX: 772.704-1096 mum INPD@T�S IB6905,COM BILLY M. MWDY o ...... i] 109 3120230025687 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK. 3623 PG. 163 Page 1 of 5 5/22/2023 3:22 PM D DOCTAX PD $0 70 ST,' � C Y WARRANTY^ THIS INDENTURE, made this _nft day of December, 2022, between GO LIFE HOLDING, LLC, a Florida limited Iiabify o ny whose address is 305 J>uiia Street, New Smyrna Beach, Florida 32158, GRANTOR, 04 IN" NMR D+ LT ., A political subdivision of the State of Florida, whose hddreas is 1W270 Street, Vero Beach, PL 3296(), GRANTEE, WITNESSETH THAT. GRANTOR, .for and in mnsideration: of ft Sum of Tian Dollars and other good and valuable consideration to GRANTOR in hand paid by GRAMM, the receipt4t~ is hereby acknowkKhW, has granted, bargained, and sold to the GRANTEE, and Gkilliwitos heirs and assigns f6tver, the fotta ring described land situate, lying, and being in !ndlan Nve'r County, Florida: See Exhibit "A" attached and incorporalr4! by reference herein AND GRANTOR does hereby fully warrart the title to the said land; and will deferd the same against the lawful claims of all persons whomsoever. Signed in the presence of: so WE HOL"fQ, LLC. � 101"Od 11111 : • W. II(6n%: . __ 'Y .. NATE Of FLORIDA The foregoing instrUMOnt was 41lidcnow4ed9(f bectare rte, by means of r�i iysical presence or 0 onfine notal tubh, the bf December, 2022 by James W. Kern, the Manager of GO LIFE HOLDING, LLC, a 100W liability c oa"rvy, on behalf of the company, who I$ rsonall I� Y known or ❑ pmdwilll WwOhmtion in the folly of NOTARY PUBLIC printed"ll -r NOTARIAL SAL: ommission No. q1% AMT -S. 0101 mission expbUbw rr WILL W. r Geo IF 1.10 EXHIBIT "B" P.O.C. SW CORNER oa )z z SEC -10 -33S -38E 0 Im Line Table 98TH AVENUE DESCRIPT/ON SKETCH OF LEGAL EXHIBIT "B" P.O.C. SW CORNER oa )z z SEC -10 -33S -38E 0 Im I S.LINE OFl SEC 10—T33S—R39E t t Line Table 98TH AVENUE t BEARING (PUBLIC R/W WIDTH. VAREIS) 100.00' N0018'49 E L2 _ L.2 18.00' _ W. LINL OF SEC 10—T33S—R39E 70.09 NO'18'49"E S89'31.29'E E. R/W LINE 98TH AVE N89'31'29' W i in�n = 300rt 107.70' MERIDIAN II � THIS SKETCH OF DESCRIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA 1717 INDIAN RIVER BLVD, SUITE 201`�lj REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH =� o SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE PHONE:772-794-1213, FAX: 772-794-10)6 I n :4 0 AND COMPLETE WITHOUT ONE ANOTHER. I y h TRACT 13 SECTION 10 -33S -38E I (PBS 2, PG. 25) I S.LINE OFl SEC 10—T33S—R39E t t 3 ------------ TRACT LINE — N N M z N. R/W LINE ` 8TH STREET f I I I STH STREET (50' PUBLIC R/W) TRACT 14 SECTION 10 -33S -SBE (PHS 2, PG. 25) S. 1/4 CORNER Line Table LINE LENGTH BEARING L1 100.00' S89°31'29"E L2 30.00' NO°18'49"E L3 70.09 NO'18'49"E L4 40.09 N89'31'29' W 3 ------------ TRACT LINE — N N M z N. R/W LINE ` 8TH STREET f I I I STH STREET (50' PUBLIC R/W) TRACT 14 SECTION 10 -33S -SBE (PHS 2, PG. 25) S. 1/4 CORNER I SOD18'40'W 94TH AVENUE SEC.10-33S-38E I 30.00' (60' PUBLIC R/W) W. RA, UNE 94TH. AVE GRAPHIC SCALE 300 D 150 30fl *NOTE THE BASIS OF BEARING FOR THIS SURVEY IS S89'31'29'E, ( IN FEET) ALONG THE SOUTH LINE OF SECTION 10, TOWNSHIP 33 i in�n = 300rt SOUTH, RANGE 38 EAST MERIDIAN LAND SURVEYORS THIS SKETCH OF DESCRIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA 1717 INDIAN RIVER BLVD, SUITE 201`�lj REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH VERO BEACII, FL. 32960 13"905 SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE PHONE:772-794-1213, FAX: 772-794-10)6 ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL EMAIL.: INFO@NI S-LB6905.COM AND COMPLETE WITHOUT ONE ANOTHER. SKETCH OF LEGAL DESCRIPTION EXHIBIT "B" • SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY • THIS SURVEY PERFORMED BY: HCUSTON, SCHULKE. BITTLE Sc STODDARD, INC. L.B.#6905 d.b.c. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: BILLY M. MOODY P.S.M.# 5336 LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF TRACTS 13 AND 14, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, RUN S89'31'29"E, ALONG THE SOUTH LINE OF SAID SECTION 10, FOR A DISTANCE OF 100.00 FEET TO A POINT, THENCE DEPART SAID SOUTH LINE AND RUN NOO'18'49"E FOR A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 8TH STREET AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND: FROM SAID POINT OF BEGINNING, CONTINUE N00'18'49"E, FOR A DISTANCE OF 70.00 FEET TO A POINT; THENCE RUN N89'31'29"W, FOR A DISTANCE OF 40.00 FEET TO A POINT; THENCE RUN N00'18'49"E, FOR A DISTANCE OF 18.00 FEET TO A PCINT; THENCE RUN S89'31'29"E, FOR A DISTANCE OF 107.70 FEET TO A POINT; THENCE RUN 576'40'13"E, FOR A DISTANCE OF 260.70 FEET TO A POINT; THENCE RUN S89'31'29"E, FOR A DISTANCE OF 2,203.93 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 94TH AVENUE; THENCE RUN S0018'40"W, ALONG SAID WEST RIGHT OF WAY LINE FOR A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF SAID WEST RIGHT OF WAY LINE AND THE NORTH BIGHT OF WAY LINE OF 8TH STREET; THENCE RUN N89'31'29"W, ALONG SAID NORTH RIGHT OF WAY LINE, FOR A DISTANCE OF 2,525.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 87,780.33 SQUARE/FEET OR 2.0 ACRES, MORE OR LESS. ABBREVIATIONS: PBS — PLAT BOOK ST. LUCIE POB — POINT OF BEGINNING POC — POINT OF COMMENCEMENT I.R.F.C.W. — INDIAN RIVER FARMS WATER CONTROL DISTRICT R/W — RIGHT OF WAY 2 112 MERIDIANTHIS SKETCH OF DESCRIPTION IS NOT VALJD WTHOUTTHE LAND SURVEYORS SIGNATURE AND THE ORMINAL RAISED SEAL OFTHE FLORIDA LICENSED SURV NO MAPPER NAMED BELOW.. 1717 INDIAN'RIVER BLVD, SUITE 201 6M VERO BEACH, FI.. 32960 LB#6905 PHONE: 772-794-1213, FAX: 772-794.1096 EMAIL INFOQMI.S-LB6905.COM 4Q/p$/rvL Z BILLY M. MOODY P M rr,1aa 2 112 G G = Ll SdSd 6 sg [f � f� (ia lip u pY R H I 1 % 113 IRT 7--I vm- NAU ooh 8a aNUj Ujo F� =�ca� NW as �ozz y$-a3:;e° a o w o nom o ar: 1O mmw p>p00� VOQF-�w� ply, p Spq F~0wO 40 2Q ay H �N 2 WOOC2'sZ. w Q W CL 60 R b R W 6 Q W r a z� ti�= N O \' V) NZY' O Wta. WO µ! W FIC- CU WN E OFZ mo awb0�Ftn U ^ C� U') r oWaaJ orad �rr Uamw~s�Iv~r,J�i1o� qG V Q U N z F U O O T W W f~ m lwL O W 3 Val Z Q �r y mJ m �NOz N¢z3�¢O�¢Z aO wN v' �6? � ap`Znw=m° rz23ZaoQOzU Sao00 �in 0 o4wZZ6 o c+0 cr m O O W n d V] p `J Q �" 2 O(g�pm ZO z�W zNa<pa �F-pl.' O 4 8 - OC�(¢W]JOGl SU UO�ZW= W �ZE U Z WCL U)�OWW C7 zi a0N'iQ�n y.i X w3 ym W= 3Sn aa�Zgl�lyy'QZ�xW Z���UpZo3o n �ZZ7N6 V)QO F-6 96F- w7O- 2r75 Wh ¢ Jzg�ly zpsFX O W 2 m 0 Y't` `w W >ZU, o J.- l+- m w O� t~i) `� O CZ's V1 N w 3 I�.�.1. 4 �a ar°Jia�zo w=ao� o z�oWi-,Q h Ymo M,ao �w'= C!� yw ua& N} ac"a8J���oaz F=�o,< ZF� az b mr-r r W d NDzj JQ r- F -O z Z Z o0 Om02 U h- y<= I� Q < Q w a O O t� O O w N li l` � DY =WOW 20 N m0.'1/1 K6 OAU~W 0.dzz QmOOyW W 24�z<r d � o�zm o� io zw i -m oaw=34'w c zam x tN ed.� g n��o�m is Who �or�a CDW�pa���`u3' s moos m WV xv�i m a�waN o0oo� 0iriaSwF�ii�m¢7daa vaso aaa�Uj� z '� �' o Xu ar��2o Uaa� Cashier. ------------------- ks1 --- Paid By: $12,068.95 DHI TITLE OF FLORIDA INC MELBOURNE ESCROW TRUST ACCOUNT 1430 CULVER DRIVE NE P_A_LM_B_A_Y,_FL - _ 32907 _ _ _ _ _ _ _ _ - —11/21/2023 Posted Date: ----------------------- 03:28PM Received Via: ----------------------- In Person Num. Items: 21 ----------------------- Total Tendered: ----------------------- $231,490.01 Receipt #: 144-00000070 ----- Batch: ----------------------- ----------- 254736 Drawer: 144 ----------------------- Status: complete Carole Jean Jordan Indian River County Tax Collector PO Box 1509, Vero Beach, FL 32961-1509 Item Details Effective Due Paid Date Real Estate Ace# _ 11/21/2023 $12,068.95 $12,068.95 33-38-10-00001-0030-00001/0 Bill Yr: 2023 Regular Due: 03/31/2024 -------------------------- Real Estate Acc# 11/21/2023 $11,780.30 $11,780.30 33-38-10-00001-0030-00001/0 Bill Yr: 2021 _______—Requiar Due: 03/31/2022 -_____________-----____-_- Real Estate Acc# 11/21/2023 $14,629.22 $14,629.22 33-38-10-00001-0030-00001/0 Bill Yr. 2022 _ Regular Due: 03/31/2023 -------____--_-_--____-_-- Real Estate Acc# 11/21/2023 $12,066.09 $12,066.09 33-38-10-00001-0060-00001/0 Bill Yr: 2023 _—Re-gularDue:03/31/2024______--_________—______ Real Estate Acc# 11/21/2023 $11,777.58 $11,777.58 33-38-10-00001-0060-00001/0 Bill Yr: 2021 Regular Due: 03131/2022 Real Estate Acc# 11/21/2023 $14,625.76 $14,625.76 33-38-10-00001-0060-00001/0 Bill Yr: 2022 Regular Due: 03/31/202.3 Real Estate Acc# 11/21/2023 $6,804.52 $6,804.52 33-38-10-00001-0110-00001/0 Bill Yr: 2023 --- Regular Due: 03/31/2024_ - - - - - — - - - - - - — - - - - — - _ ___ -$5,887.25 Real Estate Acc# 11/21/2023 $5,8®7.25 33-38-10-00001-0110-00001/0 Bill Yr: 2021 _______—ReqularDue:03/31/2022 ____ __ _ _________ Real Estate Acc# 11/21/2023 $7,303.50 $7,303.50 33-38-10-00001-0110-00001/0 Bill Yr: 2022 Regular Due: 03/31/2023 Real Estate Acc# 11/21/2023 $6,491.87 $6,491.87 33-38-10-00001-0110-00001/1 Bill Yr: 2023 Regular Due: 03/31/2024_ Real Estate Acc# 11/31/2023 $5,618.45 $5,618.45 33-38-10-00001-0110-00001/1 Bill Yr: 2021 ____ _ R eqular Due: 03/31/2022 _____________ ___ _---_ Real Estate Acc# 11/21/2023 $6,969.84 $6,969.64 33-38-10-00001-0110-00001/1 Bill Yr. 2022 _______—ReqularDue:03/31/2023 _____ —11/21/2023 ____ Real Estate Acc# $24,109.50 $24,109.50 33-38-10-00001-0120-00001/0 Bill Yr: 2023 --_____—ReqularDue:03/31/2024-_ ______ __--_--__ Real Estate Acc# 1121/2023 $23,487.09 $23,487.09 33-38-10-00001-012D-00001/0 Bill Yr. 2021 _ _ _ _ _ _ _ —Regular Due: 03/31/2022 Real Estate Acc# 1121/2023 $29,181.10 $29,181.10 33-38-10-00001-0120-00001/0 115 116 Bill Yr: 2022 _______—ReqularDue:03/31/2023________________ _________ Real Estate Acc# 11/21/2023 $3,105.84 $3,105.84 33-38-10-00001-0140-00001/0 Bill Yr: 2023 _______—ReqularDue:03/31/2024—_—_ _____------_ Real Estate Ace# 11/21/2023 $2,711.61 $2,711.61 33-38-10-00001-0140-00001 /0 Bill Yr. 2021 _ _ _ _ _ _ — —Regular Due: 03/31/2022 -------------------------- Real Estate Acc# 11R1f2023 $3,356.58 $3,356.58 33-38-10-00001-0140-00001/0 Bill Yr. 2022 Regular Due: 03/31/2023 Real Estate Acc# 11/2WIM' 1A 067.52 $10,057.52 33-38-10-00001-0140-00002/0 Bill Yr: 2023 ______ RegularDue:03/31/2024_____ ___________—________ —11/21/2023 Real Estate Acc# $8,681.88 $8,681.88 33-38-10-00001-0140-00002/0 Bill Yr: 2021 Regular Due: 03/31/2022 Real Estate AcG# 11/21/2023 $10,775.76 $10,775.76 33-38-10-00001-0140-00002/0 Bill Yr. 2022 _Regular Due: 03/31/2023 — -----------$2-31—,4-90—.0-1 ---$-23-1 —49-0—.0— Total: 1 ---------------------------—---------- ----------------------------------------------- --------------------------------------------- Payment Details I— Certified Certified Check: 065064 $231,490.01 Check 116 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: David Johnson, Director of Emergency Services FROM: David Kiernan, Assistant Fire Chief Department of Emergency Services DATE: November 21, 2023 SUBJECT: Waiver of Requirement for Bids for Annual Physical Exams It is respectfully requested that the information contained herein be given formal consideration by the District Board of Commissioners at the next scheduled meeting. BACKGROUND: Public Safety Physical exams are required to be provided to first responders annually. This year, The Fire Rescue Division has piggybacked on the Tampa Bay PD agreement with Life Extension Clinics, Inc., DBA Life Scan Wellness Centers. The Division has received a quote for the physicals, at a much lower rate than the Tampa Bay PD agreement pricing. DISCUSSION: The base price quoted for the physicals, which includes: laboratory tests, ultrasound screenings for early detection of heart disease and cancer, cardiopulmonary testing, and fitness evaluation is $476.00 per first responder. For comparison, the base price on the Tampa Bay PD contract is $645.00 per first responder. Additional tests may be required, as needed, per individual first responder, at the following costs, per the quote, which could potentially bring some costs to $831.00 per first responder: Public Safety Annual Physical $ 476.00 OSHA Respirator Mask Fit Testing $ 57.00 Drug Screen $ 45.00 Phlebotomist(Blood Draw Fee $ 26.00 HazMat Team Heavy Metals Blood Draw 26personnel) $ 85.00 Medical Review Officer Review $ 142.00 Total(Maximum) $ 831.00 Utilizing the pricing in the Tampa Bay PD agreement would not require Board authorization, however, acceptance of the much lower, non -contract pricing provided on the quote does require Board approval. Staff has not been able to find a related cooperative or piggybank agreement with better pricing than the Tampa Bay PD Agreement, and would like to request the Board waive the requirement for bids. Total costs, department wide, are estimated to be $200,495.00 for the fiscal year. 117 DISTRICT FUNDING: The costs for the physicals, in the amount of $200,495.00, are budgeted and available in the Emergency Services District/Fire Rescue/Medical Services account, number 11412022-033120. Account Description IAccount Number Amount Emergency Services District/Fire Rescue/Medical Services 1 11412022-033120 $200,495.00 RECOMMENDATION: Staff recommends the Board waive the requirement for bids and authorize the Purchasing Division to issue a purchase order in the amount of $200,495.00 to Life Extension Clinics, Inc., DBA Life Scan Wellness Centers. ATTACHMENTS: LifeScan Wellness Center 2024 Quote Life Extension clinics, Inc. - Attachment F- Fee Schedule for Tampa Bay PD 118 LIFE SCAN WELLNESS CENTERS 2024 QUOTE: Department: Indian River County, FL. Fire Rescue Number of Physicals: 330 COST Public Safety Physical Exam NFPA 1582 compliant) Medical & Occupational/Environmental Questionnaire Included Comprehensive Hands -On Physical Exam Included Vital Signs: Height, Weight, Blood Pressure, Pulse Included Sleep Disorder Evaluation, Epworth Sleep Scale Included Back Health Evaluation Included Urinalysis Included Audiogram Included Titmus Occupational Vision with Peripheral, Depth Perception, and Color Included Breast Exam with Self -Exam education Included Personal Consultation with review of testing results Included Laboratory Tests: Comprehensive Metabolic Panel, Blood Chemistry Included Complete Blood Count, Hematology Panel Included Hemoccult Stool Test for Colon Cancer Screening Included Total Lipid Panel Included Thyroid Test TSH Included Glucose Included Hemoglobin A1C Included Men: PSA Prostate cancer marker and Testosterone Included Ultrasound Screenings (Early Detection of Heart Disease and Cancer): Echocardiogram Heart Ultrasound Included Carotid Arteries Ultrasound Included Aorta and Aortic Valve Ultrasounds Included Liver Ultrasound Included Gall Bladder Ultrasound Included Kidneys Ultrasound Included Spleen Ultrasound Included Bladder Ultrasound Included Thyroid Ultrasound Included Men: Prostate and Testicular Ultrasounds Included Women: Ovaries and Uterus Ultrasounds Included Cardiopulmonary Testing Cardiac Stress Test Treadmill with 12 lead, sub -maximal, Bruce Protocol Included EKG, 12 Lead Included Spirometry, PFT Lung Capacity with OSHA Respirator Medical Clearance Included Fitness Evaluations per NFPA 1583—IAFFIIAFC Wellness Fitness Initiative: Fitness tests for muscular strength & endurance Included Sit and Reach, Planking, Grip Strength, Included Sit Up Test, Wall Sit, Flexibility Included V02 Max Calc for Aerobic Capacity Included Body Weight and Composition Included Personal Fitness Rx Included LIFE SCAN PUBLIC SAFETY PHYSICAL EXAM BASIC COST Each $ 476 x 330 exams 157,080.00 Urine Drug Screening 326 members x $ 45.00 14,670 119 315 x $ 57 mask fit testing 17,955 26 Heavy Metals Testing x 85 2,210 330 x On Site Phlebotomy Fee x $ 26.00 8,580 I I Medical Review Officer (MRO) as indicated/secondary review as indicated 1 10 149 nk,,P, 1 TOTAL Life Scan Wellness Centers Costs 1 $200,495 1 Minimum 45 appointments: Pricing subject to annual increase. Pricing is based on 9 patients per day, 45 per week. All scheduled appointments will be billed. 120 ATTACHMENT F — FEE SCHEDULE 1. VOLUNTARY PHYSICAL Provide cost per employee for all requirements and items to be performed annually as outlined and defined in Section 2.2. The cost per person identified should be inclusive of all costs associated with the annual physical exam including overhead, indirect costs, etc. Voluntary Physical Cost: $ 645.00 Per Employee X 900 Employees = $ 580,500.00 2. ADDITIONAL SERVICES In addition to the voluntary physicals described above, the employee, at their discretion, may ask the successful proposer to provide additional testing/services as outlined and defined in Section 2.3 during their voluntary exam. The cost per person should be inclusive of all costs associated with the test/service including test result reviews, overhead, indirect costs, etc. and will not be included in the cost scoring criteria. 1. Chest X -Ray $ 87.00 2. Respirator Fit Testing (SCBA Face piece Fit Test/N-95 Respirators $ 57.00* *Department to supply N-95 Masks 3. Hepatitis B Test (antigen) $ 65.00 4. Hepatitis B Test (antibody) $ 65.00 5. Hepatitis B Vaccine (3 per series) Hepatitis B=3 shot series Based on current market costs $ 82.00 per shot 6. Hepatitis A Test (antigen) $ 65.00 42.00 7. Hepatitis A Titer (antibody) $ 8. Hepatitis A Vaccine (2 per series) Hepatitis A=2 shot series $ 82.00 per shot Based on current market costs 9. PPD Test $ 24.00 Life Extension Clinics, Inc. D/B/A Life Scan Wellness Centers Company Name: Authorized Signature: Date: 50 121 INDIAN RIVER COUNTY, FLORIDA � BOARD MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Eric Charest, Interim Natural Resources Director SUBJECT: Florida Division of Emergency Management Hazard Mitigation Agreement D1495 and Resolution for Dune Restoration within Beach Management Sector 4 DATE: November 29, 2023 DESCRIPTION AND CONDITI Indian River County applied for and was awarded a Florida Division of Emergency Management (DEM) Hazard Mitigation Grant in the amount of $2,000,000 to assist the County with engineering, permitting, inspection and construction related costs for the Hurricanes Ian and Nicole Sector 4 Dune Restoration Project (Project). The Project has been designed to add approximately 135,000 cubic yards of beach compatible sand to restore the dunes along a 2.9 mile stretch of Atlantic coastline within Indian River County, from about % mile south of Turtle Trail Beach Access to approximately % mile north of the Tracking Station Beach Park. The Sector 4 project area sustained damage from Hurricanes Ian and Nicole in late 2022 and is in need of a large-scale dune restoration project to maintain protection to upland properties and infrastructure Permit applications for the Sector 4 project are currently being reviewed by the Florida Department of Environmental Protection (FDEP) and the US Army Corps of Engineers prior to their issuance. In addition, County staff along with community representatives, remain active in securing the remaining easements necessary to allow for construction to take place. Although a tentative construction date has not yet been set for the Hurricanes Ian and Nicole Sector 4 Dune Restoration project, it is estimated that this project will cost approximately $6,000,000 to construct. Per Hazard Mitigation Agreement D1495, the $2,000,000 in grant funds are provided to the County in advance and held in an interest bearing account for use on project related expenses. Interest earned on the funds are to be provided to the DEM on a quarterly basis in accordance with grant requirements. In addition, the County has been awarded additional Local Government Funding Request funds for a Sector 4 project from the FDEP in the amount of $2,376,000. As the local match funding has been waived, County funding is not required to accept the grant funds. With a total project cost estimated at $6,000,000, the grants will cover $4,376,000, while the County will be responsible for the remaining $1,624,000. 122 Page 2 DEM HMP Grant Agreement D1495 December 12, 2023 Agenda Item FUNDING Funds in the total amount of $1,624,000, for the remaining County share, will come from the Coastal Engineering Fund/CIP/Hurricane Ian — Sector 4 account, number 12814472-066515- 22601 ($357,280), and from the Coastal Engineering Fund/CIP/Storm Nicole — Sector 4 account, number 12814472-066515-23007 ($1,266,720). Account Name Account No. Amount Coastal Engineering Fund/CIP/Hurricane Ian —Sector 4 12814472-066515-22601 $ 357,280 Coastal Engineering Fund/CIP/Hurricane Nicole —Sector 4 12814472-066515-23007 $1,266,720 Total $1,624,000 RECOMMENDATION Staff recommends the Board of County Commissioners approve the DEM Hazard Mitigation Grant D1495 Agreement and Resolution and authorize the Chairman to execute the same. ATTACHMENTS 1. Indian River County Grant Form 2. Authorizing Resolution 3. DEM Hazard Mitigation Grant Agreement D1495 APPROVED AGENDA ITEM FOR: DECEMBER 12, 2023 123 GRANT NAME: FDEM Hazard Mitigation Agreement (Indian River Sector 4) Dune Restoration GRANT # D1495 AMOUNT OF GRANT: $2,000,000.00 DEPARTMENT RECEIVING GRANT: Natural Resources/Coastal Engineering CONTACT PERSON: Eric Charest TELEPHONE: ext. 1569 1. How long is the grant for? August 31, 2026 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 0 % Expected Starting Date: November 1, 2024 YES NO X 5. Grant match amount required $0.00 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? N/A 7. Does the grant cover capital costs or start-up costs? YES 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? If yes, please list. (If additional space is needed, please attach a schedule.) X 1� NO 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 I Operating Costs I Capital I Total Costs 10. What is the estimated cost of the grant to the county over five years? $ 0.00 Signature of Preparer: Eric Charest Date: 12/01/2023 124 Grant Amount Other Match Costs Not Covered Match Total First Year $ 2,000,000 $ 0.00 $ 0.00 $ 2,000,000 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Eric Charest Date: 12/01/2023 124 RESOLUTION NO. 2023 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CHAIRMAN'S EXECUTION OF HAZARD MITIGATION GRANT D1495 WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR SECTOR 4 DUNE RESTORATION PROJECT COSTS WHEREAS, Indian River County's Sector 4 stretch of Atlantic coastline sustained damage from Hurricanes Ian and Nicole in late 2022 and is in need of a large-scale dune restoration project to maintain protection to upland properties and infrastructure, and WHEREAS, the Florida Division of Emergency Management (DEM) has made funding available to assist Indian River County with costs associated to the engineering, permitting, inspection and construction of a Sector 4 Hurricanes Ian and Nicole Dune Restoration project, and WHEREAS, the DEM has requested Indian River County execute and deliver to the DEM Hazard Mitigation Grant Agreement D1495. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida Division of Emergency Management a Hazard Mitigation Grant Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner The motion was seconded by Commissioner was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Joseph E. Earman Commissioner Laura Moss Commissioner Deryl Loar who moved its adoption. and, upon being put to a vote, the vote The Chairman thereupon declared the resolution passed and adopted this day of 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 0 Attest: Ryan L. Butler, Clerk of Court and Comptroller LIM Clerk and Comptroller Approved as to Form and Legal Sufficiency William K. DeBraal, County Attorney Susan Adams, Chairman 125 Agreement Number: D1495 STATE -FUNDED LAP GRANT AGREEMENT 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, Florida (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 the Recipient agree to the following: (1) 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. ii. 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. iii. 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. V. 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. 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 Attachment B. 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. (2) CONTACT 126 a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. i. Monitor and document Recipient performance; and, ii. Review and document all deliverables for which the Recipient requests b. The Division's Grant Manager for this Agreement is.- Megan s:Megan Hill 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850)591-2496 Email: Megan.HiII@em.myflorida.com c. The name and address of the representative of the Recipient responsible for the administration of this Agreement is: Eric Charest 1801 27"' Street Vero Beach, Florida 32960 Telephone: (772)226-1569 Email: ECharest@indianriver.gov d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (3) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (4) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (5) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (6) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (7) PERIOD OF AGREEMENT 2 127 This Agreement shall begin upon execution by both parties and shall end on August 31, 2026 unless terminated earlier in accordance with the provisions of Paragraph (16) 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. (8) FUNDING a. This is a one-time grant Agreement, subject to the availability of legislatively appropriated 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 grant funds to the Recipient only for allowable costs that will be incurred by the Recipient in the successful completion of each deliverable or for loss of revenue. d. The Division will review any request for grant funding by comparing the documentation provided by the Recipient against a performance measure, outlined in Attachment A, which clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. 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: i. 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, 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. All funds shall be placed in an interest-bearing account and the interest shall be returned to the Division quarterly until the completion of all deliverables. The interest shall be returned to the Division's General Revenue Fund. 128 (9) 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.myflorida.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. 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 4 129 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 Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'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. (10) 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. 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)(1), Florida Statutes, as "an independent certified public accountant licensed 5 130 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 (9) 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: i. The Division of Emergency Management DEMSingle Audit(o)em.myflorida.com DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ii. The Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 (11) 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 by the Recipient and all Sub -Recipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than thirty (30) 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 March 31, June 30, September 30, and December 31. 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 or FEMA Public Assistance funds until they are completed or may take other action as stated in Paragraph (15) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Recipient shall provide additional program updates or information that may be required by the Division. IN 131 f. The Recipient shall obtain engineering inspection reports for any new construction or installation. The Recipient shall furnish the reports to the Division within fifteen (15) days of receipt of the completed report. (12) MONITORING a. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement and reported in the quarterly report. b. In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the period of agreement to ensure timely completion of all tasks. (13) 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. Any Recipient which is a state agency or subdivision, as defined in section 768.28, 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 party to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this agreement. (14) 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 (15) REMEDIES. However, the Division may make 7 132 payments or partial payments, if applicable, 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. (15) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days 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 (2) CONTACT 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: i. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. 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 the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. 133 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. (16) 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 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. (17) 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.. (18) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. 9 134 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 - Funding Sources Attachment A — Proposed Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C — Statement of Assurances Attachment D — Warranties and Representations Attachment E — Certification Regarding Debarment Attachment F — Foreign Country of Concern Affidavit (19) PAYMENTS a. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) 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 (11) REPORTS of this Agreement. b. If the Recipient is a county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), Florida Statutes, the Division may issue payment of submitted invoices for verified and eligible performance that has been completed in accordance with the terms and conditions set forth in this Agreement to the extent that federal or state law, rule, or other regulation allows such payments. The Recipient may elect in writing to exercise this provision as long as the Recipient is a county or municipality which is a rural community or rural area of opportunity, as defined in section 288.0656(2), Florida Statutes, and demonstrates financial hardship. A county or municipality located within a financially constrained county, as defined in section 288.67(1), Florida Statutes, is deemed to have demonstrated a financial hardship for the purposes of this provision. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under paragraph 8 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 completion of the last deliverable. (20) REPAYMENTS All refunds, repayments, or interest 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: 10 135 Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 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. (21) MANDATED CONDITIONS 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 is 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 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. This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. e. 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. f. 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 11 136 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. g. Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the state government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five-year period preceding this Agreement been convicted of or had a civil judgment rendered against it 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 (21)(g)(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. 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. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment E) for each intended subcontractor that 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. h. 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 Chapter 216, Florida Statutes, or the Florida Constitution. i. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. j. Use of grant funds for travel is not authorized. k. 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. 12 137 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. m. 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 1324a(e) [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. n. The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of 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. o. All expenditures of state financial assistance shall be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. p. This Agreement may be charged only with allowable costs resulting from obligations that will be incurred during the period of agreement. q. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. r. 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 subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. s. 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. t. The Recipient shall attest in Attachment F of this agreement, it is not an entity owned by the government of a Foreign Country of Concern, no government of a Foreign Country of Concern has a controlling interest in the entity, and the entity has not been organized under the laws of or has its principal place of business in a Foreign Country of Concern pursuant to Section 287.138, Florida Statutes. 13 138 (22) LOBBYING PROHIBITION 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. (23) COPYRIGHT, PATENT AND TRADEMARK 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 0 139 work products, developed solely by the Recipient, under this Agreement, for Florida government purposes. (24) LEGAL AUTHORIZATION. 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. (25) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: Indian River County, Florida By: Name and Title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director, or Ian Guidicelli, Response Bureau Chief, as Authorized Representative. Date: 15 140 EXHIBIT — 1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO S SB 2500 (2023), ITEM 2676A: State Project - State awarding agency Florida Division of Emergency Management Amount of State Funding: $350,000,000 267,6A . A1C _ PrRANT PROGRP.N Attachment A Proposed Budget and Scope of Work I. Proposed Budget Project Anticipated Expenditure Amount Non -engineered Beach Renourishment $2,000,000.00 Total Expenditures $2,000,000.00 II. Background As documented by the Hurricane Ian and Nicole Grant Recovery Program, $350 million dollars were appropriated to help local governments mitigate local and county revenue losses and operating deficits; make infrastructure repairs and replacements including road and sewer and water facilities; conduct beach nourishment; and complete debris removal. Funding can be requested by local governments, independent special districts, and school boards, including charter schools. Indian River County sustained significant damage to beach management area Sector 4 during Hurricane Nicole. Sector 4 is a 2.86 -mile -long stretch of non -engineered beach. Sector 4 sustained damages including an average of 19.2 feet of dune retreat and the loss of 135,000 cubic yards of sand. Indian River County is awarded a one-time payment of $2,000,000 to be utilized for the Non -engineered Beach Renourishment Project. Below are the project(s) that will be funded under this funding agreement: Non -engineered Beach Renourishment: This project consists of the replacement of up to 135,000 cubic yards of sand to dry beach areas of beach management area Sector 4 and restoration of natural vegetation to the dunes in Sector 4. III. Scope of Work A. Funds have been allocated to the Recipient for Non -engineered Beach Renourishment Project. The funds shall be utilized in accordance with all local, state, and federal regulations. B. Eligible costs include engineering, permitting, inspections, and construction for beach management area Sector 4 non -engineered beach renourishment and natural vegetation restoration. C. The project's measurable outcome is the replenishment of up to 135,000 cubic yards of sand to Sector 4 dry beach areas and natural vegetation restoration in Sector 4. D. The Recipient shall provide an initial timeline. Table SW -1, "Initial Timeline and Estimated Allocation Schedule" or other similar instrument as approved by the Division may be used. IV. Task Products A. Per Scope -of -Work Item III.D, Recipient shall prepare an initial timeline with key milestone activities/tasks schedule, including estimated start and end dates for each activity. Table SW -1 may be used to meet this deliverable. B. The Recipient shall provide the Division with copies of photographs of before and after site conditions to document site work progress and completed site work. C. The Recipient shall provide the Division with copies of pertinent site work regulatory reviews, inspections, permits, and engineering reports, including but not limited to: a. DEP Joint Coastal Permit b. USACE Permit 17 142 c. Easements d. Pre -project Surveys e. Post -project Surveys D. The Recipient shall provide the Division with copies of bid -ready construction documents and specifications for review and comment by the Division. The site work documents shall be signed by the applicable registered or licensed design professional(s) of record. E. The Recipient shall provide the Division with copies of as -built documents for review by the Division. The site work documents shall be signed by the applicable registered or licensed design professional(s) of record. F. The Recipient shall provide the Division with the procurement documents, if the Recipient went out to bid for the projects listed and receipts for all purchases. G. The Recipient shall provide a completion report. The completion report shall demonstrate that the project meets the requirements for the projects. V. Financial Consequences If Recipient fails to comply with any term of the grant, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the recipient; 2. Disallow all or part of the cost of the activity or action not in compliance; 3. Withhold further funding; or, 4. Take other remedies that may be legally available. VI. Schedule of Work A. No later than 30 days after contract execution, the Recipient shall provide the Division with Task Product IV.A for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole discretion of the Division. B. By April 30, 2024 and at least on a quarterly basis thereafter, Recipient shall report on progress in relation to the initial timeline and submit an invoice for work accomplished in accordance with the Division approved cost reimbursement allocation table referenced in Task Product IV.A. C. By mutually agreed upon date(s), the Recipient shall provide the Division with Task Products IV.B through G for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole discretion of the Division. D. By March 31, 2026, the Recipient shall provide a copy of the certificate of occupancy or completion or other appropriate written acceptance of completed work, or certification letter from the civil engineer showing that work meets specification of design, close-out documentation and final payment invoice. 143 Table SW-1. Initial Timeline and Estimated Allocation Schedule Project Name(s): Non-engineered Beach Renourishment PROJECT PHASE Start Date End Date LAP Funds (FY 2023-2024) Board Contract Approval Architectural & Engineering Services Firm Selection Site Survey and Soil Testing Spatial Needs Assessment Preliminary Design, 100% complete Permits Regulatory Review Bid Document(s) Development & Award Notice to Proceed/Mobilization Construction Project Management & Special Inspections Construction 25% Complete Construction 50% Complete Construction 100% Complete Sub-Totals $2,000,000.00 TOTAL Estimated Project Cost A/E - Architectural and Engineering; DEM — Division of Emergency Management; FY - Fiscal Year 19 144 Attachment B Program Statutes and Regulations Section 215.422, Florida Statutes Payments, warrants, and invoices; processing time limits; dispute limitation; agency or judicial branch compliance Section 215.97, Florida Statutes Florida Single Audit Act Section 215.971, Florida Statutes Agreements funded with federal and state assistance Section 216.347, Florida Statutes Disbursement of grant and aids appropriations for lobbying prohibited Section 216.3475, Florida Statutes Maximum rate of payment for services funded under General Appropriations Act or awarded on a noncompetitive basis Section 287.056, Florida Statutes Purchases from purchasing agreement and state term contract Section 287.057, Florida Statutes Procurement of commodities or contractual services CFO MEMORANDUM NO. 04 (2005-06) Compliance Requirements for Agreements Section 553.844, Florida Statutes Requirements for Roofs and Opening Protection SB 2500 (2023), ITEM 2676A Requirements for Hurricane Recovery Grant Program 20 145 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Recipient certifies that: (a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained in it, and directing and authorizing the Recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one- half times their basic wage rates for all hours worked in excess of the prescribed workweek. (f) It will comply with (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or 2] 146 structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g) It will establish safeguards to prohibit employees from using 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 pursuant to Section 112.313 and Section 112.3135, Florida Statutes; (h) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; Q) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding 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 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; For sites located within Special Flood Hazard Areas (SFHA), the Recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha—conditions.shtm (k) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (1) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a -I, et seq.) by: 22 147 (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR, Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470(£), and implementing regulations in 36 CFR, Part 800. (4) When any of the Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR, Part 800.16 (1)(1), the Federal Emergency Management Agency (FEMA) may require the Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) ( 48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Recipient agrees to participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery or archeological data from the property. If the Recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within fifteen (15) calendar days of receipt of the treatment plan, FEMA may direct the Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) The Recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect 23 148 a known historic property in an unanticipated manner. The Recipient acknowledges that FEMA may require the Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Recipient further acknowledges that FEMA may require the Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Recipient also acknowledges that FEMA will require, and the Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) The Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHP A, the Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. (m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) which prohibits discrimination on the basis of sex; (n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (p) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which prohibits the use of lead-based paint in construction of rehabilitation or residential structures; (q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the care, handling, and treatment of warm-blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement; (s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601-3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626 (v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; (w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (y) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; 24 149 (z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.,- (aa) eq.;(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; (bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f -300j, regarding the protection of underground water sources; (cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (gg) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666. (ii) With respect to demolition activities, it will: (1) Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. (2) Return the property to its natural state as though no improvements had ever been contained thereon. (3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in the Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. (4) Provide documentation of the inspection results for each structure to indicate: a. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present (5) Provide supervision over contractors or employees employed by the Recipient to remove asbestos and lead from demolished or otherwise applicable structures. (6) Leave the demolished site clean, level and free of debris. 25 150 (7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work. (8) Obtain all required permits. (9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). (11) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts. (12) Provide documentation of public notices for demolition activities. 26 151 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 All procurement transactions shall be done in a manner to provide open and free competition. The 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. 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. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 27 152 Codes of Conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. 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. 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. 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 Licensinq and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 153 Attachment E 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 DEM Contract Number Street Address Project Number City, State, Zip Date 29 154 ATTACHMENT F FOREIGN COUNTRY OF CONCERN AFFIDAVIT — PERSONAL IDENTIFYING INFORMATION CONTRACT Section 287.138, Florida Statutes, prohibits a Florida "Governmental entity"' from entering into or extending contracts with any other entity whereby such a contract, or extension thereof, could grant the other entity access to an individual's personal identifying information if that entity is associated with a "Foreign Country of Concern."z Specifically, section 287.138(2), Florida Statutes, prohibits such contracts with any entity that is owned by the government of a Foreign Country of Concern, any entity in which the government of a Foreign Country of Concern has a "controlling interest," 3 and any entity organized under the laws of or which has its principal place of business in a Foreign Country of Concern. As the person authorized to sign on behalf of Recipient, I hereby attest that the company identified below in the section entitled "Recipient" is not an entity owned by the government of a Foreign Country of Concern, no government of a Foreign Country of Concern has a controlling interest in the entity, and the entity has not been organized under the laws of or has its principal place of business in a Foreign Country of Concern. I understand that pursuant to section 287.138, Florida Statutes, I am submitting this affidavit under penalty of perjury. Recipient Name: Recipient FEIN: Recipient's Authorized Representative Name and Title: Address: City: Phone Number: Email Address: Certified By: AUTHORIZED SIGNATURE Print Name and Title: Date: State: Zip: ' As defined in Section 287.138 (1)(d), Florida Statutes. 2 As defined in Section 287.138 (1)(c), Florida StatuN. 3 As defined in Section 287.138 (1)(a), Florida Statutes. 155 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Conservation Lands Program Date: December 1, 2023 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator From: Beth Powell, Parks, Recreation & Conservation Director Subject: Florida Communities Trust Guaranty for Indian River Land Trust — 36 Acre Sebastian Greenway Parcel BACKGROUND: The Indian River Land Trust (Land Trust) is a non-profit organization whose mission is to protect, improve, provide access to, and promote the preservation of waterways, open spaces, and green places in Indian River County. In October 2023, the Indian River Land Trust purchased a 36 -acre parcel located on the South Prong of the St. Sebastian River (map attached). The 36 -acre parcel contains approximately 22 acres of uplands and 11 acres of forested wetlands with approximately 1,600 linear feet of riverine habitat along the South Prong of the St. Sebastian River. The parcel is located within the St. Sebastian River Greenway just north-west of the County's South Prong Slough Conservation Area. Various parcels are aligned within this corridor in an effort to protect water quality and provide critical habitat protection through this major tributary to the St. Sebastian River/Indian River Lagoon. DESCRIPTION AND CONDITIONS: The 36 -acre parcel was once cultivated for citrus production and has since reverted to an oak dominated canopy in the upland areas. The Land Trust is applying for cost -share funding through the Florida Communities Trust (FCT) for a 70% reimbursement for the acquisition cost of the parcel. FCT requires non-profit organizations who apply for funding to provide a letter from a local government affirming that it will assume management responsibilities/ownership in the event that the non-profit awardee is ever unable to fulfill the management/ownership obligations through an event such as the organization dissolving. The Land Trust has requested this letter of commitment from Indian River County for this parcel. While the letter of guaranty is not a contractual obligation, and future obligations would be dependent on award by the FCT, there would be an inherent cost associated with the assumption of management and/or contractual obligation should the Land Trust dissolve, or be unable to fulfill its obligations. It is the opinion of staff that the parcel provides a substantial value for the protection of natural resources consistent with environmental protection provided by similar parcels managed within the Conservation Lands Program and any funding needed could be allocated in the Conservation Lands operating/capital budget in the unlikely event the Land Trust defaulted or dissolved. 156 FUNDING: There is no direct funding obligation associated with issuing the letter for this grant application. However, should the organization dissolve, or be unable to fulfill its obligations, there would be a direct cost associated with the perpetual management of the parcel through the County's Conservation Lands Program. Any financial obligation assumed by the County, should default occur, would be dependent on the property's condition, any improvements made for public access, and any unfulfilled commitments made in the FCT Grant Agreement/Special Management Conditions. RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners consider the request made by the Land Trust and, if approved, authorize the Chairman to execute the Management Guaranty letter dated December 12, 2023, after review and approval by the County Attorney. ATTACHMENTS: • Draft Florida Communities Trust Management Guaranty Letter • St. Sebastian Greenway Map DISTRIBUTION: Ken Grudens, Executive Director - Indian River Land Trust, Inc. DECEMBER 12, 2023 157 December 12, 2023 Indian River County Parks, Recreation & Conservation Department 1590 9t' Street SW • Vero Beach, FL 32962 Telephone: (772) 226-1780 www.IndianRiver.gov/ParksandRecreation Department of Environmental Protection Division of State Lands Land and Recreation Grants Section 3900 Commonwealth Blvd., MS 585 Tallahassee, FL 32399-3000 Re: Florida Communities Trust, Inc. - Indian River Land Trust Property Management Guaranty Dear Florida Communities Trust Governing Board, This letter is in support of the Indian River Land Trust's grant application for reimbursement of acquisition costs for a 36 -acre property situated on the South Prong of the St. Sebastian River with the St. Sebastian Greenway, north of the South Prong Slough Conservation Area (FCT Project Number 07- 039-FF7) and south of the Ansin Tract Conservation Area (FCT Project Number 04-025-FF4). On December 12, 2023, at a regularly scheduled Indian River County Board of County Commissioners meeting, the Board provided authorization to provide a letter of guaranty for the purposes of application to the Florida Communities Trust for a reimbursement grant for the above-mentioned property. Should the Indian River Land Trust, Inc. dissolve, the County would be willing to assume management responsibilities of the parcel. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Approved by BCC: , 2023. 158 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Shooting Range Date: December 1, 2023 To: The Honorable Board of County Commissioners CONSENT BCC Meeting December 12 2023 • Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Director of Parks, Recreation and Conservation From: Jerry Seldes, Manager, Indian River County Public Shooting Range Subject: Updated Fee Schedule for the Indian River County Public Shooting Range BACKGROUND: The Indian River County Public Shooting Range (Range) opened in April of 2001 which was established through a partnership with the Florid Fish and Wildlife Conservation Commission (FWCC). A Concessionaire Contract with FWCC (#00252) was approved by the Board of County Commissioners (BCC) on March 13, 2001, which established the use of the property, facilities, and fee structure through a Concessionaire's Operational Plan. The Contract has had three amendments since 2001. Since entering into the Concessionaire Contract with the FWCC for the operation of the Range, there have been three (3) increases in fees. As the County enters its 23rd year of operation, an update to the current rates structure will capture natural inflation and the increased costs of management and operation for the facility, amenities, and grounds maintenance. The updated fee schedule proposed is authorized within the County's amended contract with Florida Fish and Wildlife Conservation Commission (Amendment 3), most recently updated and approved by the BCC on August 4, 2023. DESCRIPTION AND CONDITIONS: The last fee update approved by the BCC on December 18, 2018, included an increase of standard fees for the Pistol & Rifle Range pass and a discounted "Buy 10 Range Passes Card." Fees were increased from $9.75 to $10.78 for adults, with no increase for juniors. A fee was established for the 10 Range Pass Card at discounted rate of $87.50. Within the December 2018 fee increase, there were no fee increases for Skeet/Trap, Sporting Clays/5 Stand, Shotgun Rentals, Golf Cart Rentals, Tournament/Event Discounts, Discounted Bulk Clay Target pricing, Air Gun Range, Classroom use, Archery Range/Course, or staffing costs. The proposed rates include an update and evaluation of all fees currently charged at the Range and those which will capture a more accurate cost of business operations including classroom reservations and staffing costs for events after hours or those requiring additional staff beyond the normal daily operational schedules for public use. These fees will allow staff to appropriately charge for special events, rentals, and reservations requested by guests. Modest increases will 160 allow for recapture of actual expenses that have been absorbed by the County as a result of increases across many platforms affecting materials, labor, shipping, and personnel. A Rifle/Pistol guest would experience an increased cost of approximately $3.22 for an average half-day experience. A Skeet/Trap guest's round would increase $2.00 and sporting clays/5 stand would increase $1.00 per round. This would equalize the price between all the shotguns sport venues. Added to the fee schedule are updated range use options allowing for accommodations of special events, expanded access and use of the classroom, action field, and reservation opportunity at the Skeet and Trap fields. Current and Proposed Fees for the Indian River County Public Shooting Range Upon approval of the updated fee schedule, staff will be formalizing an Indian River County Shooting Range Standard Operating Procedure Guide (Guide) which will be brought to the Board for review and approval at its next regularly scheduled Board meeting. This Guide will govern the use of the facility, as well as outline the Range rules and procedures for both guests and staff. The Guide will also include a standard Instructor Agreement, Reservation Agreement, and License Agreement. The opportunity for public and Board comment will be sought for this approved Guide. FUNDING: There are no operational or expense funding impacts requested or associated with this item. 161 Current Proposed Skeet/Trap $8.00/round $10.00/Round Sporting Clays/5 Stand $9.00/round $10.00/Round Shotgun Rental $10.00 $15.00 Golf Cart Rental $20.00 $25.00 Tournament/Event discount fee/Non-Profit $8.00/round 2000 Clay Targets Proposed 20% Discount Rifle/Pistol Range $11.78 $15.00 Junior Rifle/Pistol $8.75 $10.00 Archery Range $3.00 $4.00 Archery Course $5.00 $5.00 Junior Archery Range $2.00 $2.50 Junior Archery Course $3.00 $3.50 Air Range $3.00 $4.00 Junior Airgan Range $2.00 $2.50 .22 Rifle Rental $10.00 $10.00 10 Visit Range Pass Rifle/Pistol $92.50 $105.00 Classroom Use $50.00/hour $65.00/Hour Action Field $50.00/Hour $65.00/Hour Archery Field Proposed $50.00/Hour Archery Course Proposed $50.00/Hour Skeet/Trap Field, 5 Stand Field 4 -hour blocks Proposed $10.00/per hour $25/4 -hour block Range Officer/6 guests Proposed $25.00/hour Field / Classroom - Set u / Breakdown Fee Proposed $50.00/each Upon approval of the updated fee schedule, staff will be formalizing an Indian River County Shooting Range Standard Operating Procedure Guide (Guide) which will be brought to the Board for review and approval at its next regularly scheduled Board meeting. This Guide will govern the use of the facility, as well as outline the Range rules and procedures for both guests and staff. The Guide will also include a standard Instructor Agreement, Reservation Agreement, and License Agreement. The opportunity for public and Board comment will be sought for this approved Guide. FUNDING: There are no operational or expense funding impacts requested or associated with this item. 161 STAFF RECOMMENDATION: Staff respectfully recommends that the Board approve the proposed fee schedule as outlined in the table above with an effective date of January 1, 2024. ATTACHMENT: Amendment State of Florida Fish and Wildlife Conservation Commission; FWC Contract No. 00252, Amendment 3 DISTRIBUTION: William R. Cline, FFWCC, Tallahassee, FL APPROVED AGENDA ITEM FOR DECEMBER 12, 2023 162 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 25h 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: FEE STRUCTURE 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. 163 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 4 164 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 4 165 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 '/z 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 4 166 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners g, N. THROUGH: John A. Titkanich, Jr., County Administrator Kirstin Leiendecker, P.E., Assistant Public Works Director FROM: Rob Skok, Infrastructure Project Manager SUBJECT: Information Technology Security Upgrades, IRC -2206 Final Payment, Release of Retainage and Change Order No. 1 DATE: November 17, 2023 DESCRIPTION AND CONDITIONS On August 29, 2023 the Board of County Commissioners awarded Bid No. 2022052 to Don Hinkle Construction, Inc. in the amount of $49,842.72 to construct security upgrades to the Clerk of Courts I.T. office located on the second floor of County Administration Building "A". The alterations consist of adding a wall and door at the south end and north end of the east corridor and installation of swipe card access. Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract price by $7,700.00 for a final cost of $42,142.72. and make final contract time adjustments. Don Hinkle Construction, Inc. has successfully completed the project and has been paid $38,934.34, with $2,049.18 held in retainage. Don Hinkle Construction, Inc. has submitted Contractor's Application for Payment No. 2 for payment of $1,159.20 and release of retainage in the amount of $2,049.18 for a total of $3,208.38. FUNDING Funding in the amount of $3,208.38 is budgeted and available from the following account: ARP Fund/Clerk/Budget Transfer — Clerk of Account No. 13830086-099020 Court $1,159.20 ARP Fund/Clerk/Retainage — Don Hinkle Account No. 138-206000 Construction $2,049.18 167 Page 2 of 2 Final Payment, Release of Retainage & CO 1 for Information Technology Security Upgrades, IRC -2206 BCC Agenda Item for 12/12/2023 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 2 to Don Hinkle Construction, Inc. in the amount of $3,208.38 for final payment and release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION Change Order No. 1 Contractor's Application for Payment No APPROVED AGENDA ITEM FOR DECEMBER 12, 2023 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@CC15BF18\@BCL@CC15BF18.doc 168 SECTION 00942 - Change Order Form DATE OF ISSUANCE: 12/12/2023 No. 1 EFFECTIVE DATE: 12/12/2023 OWNER: Indian River County CONTRACTOR Don Hinkle Construction, Inc. Project: INFORMATION TECHNOLOGY SECURITY UPGRADES OWNER's Project No. IRC -2206 OWNER'S Bid No. 2023052 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete, This change order is intended to make final adjustments to bid line items in order to finalize the contract amount, release retainage to the Contractor and make final contract time adjustments. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $49,842.72 Net decrease of this Change Order: ($7,700.00) Contract Price with all approved Change Orders: $42,142.72 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Final Completion: 60 Net increase this Change Order: (days) Final Completion: 3 Contract Time with all approved (days) Change Orders: Final Completion: 63 RECOMMENDED: By: PROJECT MANAGER (Signature) Date: APPROVED: By: OWNER (Signature) Date: IRC -2206 COl 20231212 00942-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\2206 IRC CLERK OF COURTS -IT SECURITY UPGRADES\1-Admin\AgendaItems\Project Closeout\IRC- I �^ 2206_CO1_20231212.doc Rev. 05/01 1 l9 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: Information Technology Security Upgrades PROJECT NO. IRC- 2206 BID NO. 2023052 21 Fill', WCD#1 Install Exit Sin Relocate HVAC Vent & Additional Painting LS 1.00 2,300.00 2,300.00 999-25 j Force Account LS 1.00 10 000.00 10 000.00 SUBTOTALS 1 2,300.00 1 10,000.00 Information Technology Security Upgrades TOTAL ($7,700.00) 170 FAPublic Works\ENGINEERING DIVISION PROJECTS\2206 IRC CLERK OF COURTS - IT SECURITY UPGRADES\,-AdminWgenda Items\Projed Closeout\IRC-2206_FCO 20231212 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: November 22, 2023 To: 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: Kimley Horn Work Order 6 (RFQ 2023015) for Services Related to Gifford Elevated Storage Tank Rehabilitation and Structural Upgrade IRCDUS Project ID 13.23.538 Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) owns and operates the Gifford Elevated Storage Tank (EST), a 0.4 million -gallon (MG) steel multi -leg supported tank that has a common inlet/outlet pipe, and an altitude valve. The tank was constructed in 1977, which currently can only provide limited hydraulic benefit (i.e., limited system pressure) due to height, and, the altitude valve does not function properly causing the tank (water) to be turned over using mechanical means. Further, the tank is not required to meet Florida Administrative Code (FAC) requirements for potable water storage. As such, the tank has been isolated from the water distribution systems and is no longer in operational use. IRCDUS is also evaluating options to divest itself of the tank ortransference of ownership. IRCDUS is currently leasing the tank to cellular carriers to mount antennas and ancillary equipment. To ensure structural integrity of the tank, modification/upgrade of the tank is required. On February 23, 2023, purchase order (PO) 95751 in the amount of $6,127.00, was issued to Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "KHA") to perform a Condition Assessment and Site Plan for the Gifford EST facility. KHA delivered its Technical Memorandum on May 4, 2023, which outlined short-term improvements and recommendations for ultimately reconfiguring/repurposing the Gifford EST site. Some of the short-term improvements/recommendations required near -immediate attention. Accordingly, on June 1, 2023, KHA was issued PO 96358 in the amount of $28,838.00 to develop work specifications for the maintenance and in-kind replacement of structural components. During the period KHA was developing the work specifications, representatives from cellular carriers, Verizon, T -Mobile, and Metro PCS, discussed future plans with IRCDUS for the Gifford EST. In summary, the carriers desire to replace some existing equipment and to add additional equipment. It was determined that the tank, with just maintenance and in- kind component replacements, would still be structurally deficient to handle the increased load from the equipment changes and additions proposed by the carriers. Addressing the structural deficiency requires further analysis, rehabilitation, and structural upgrades to the tank's superstructure. 171 Consent Item The Board awarded RFQ 2023015 for continuing consulting engineering services to several firms, including KHA, on May 2, 2023. Analysis: Upon request by IRCDUS staff, KHA provided the attached WO 6 to provide engineering, design, and construction phase services for the Gifford EST Rehabilitation and Structural Upgrade. The amount of WO 6 is $65,396.00. Funding: Funds in the amount of $65,396.00 for this project are derived from the Utilities / Water Production / R&R / Gifford Storage Tank account, number 47121936-044699-23538, which is in the Utilities operating fund. The Utilities operating fund budget is derived from water and sewer revenues. Description Account Number Amount Utilities / Water Production / R&R / Gifford Storage Tank 47121936-044699-23538 $65,396.00 Recommendation: Staff recommends that the Board of County Commissioners approve Work Order 6 to Kimley-Horn and Associates, Inc. to provide Engineering, Design, and Construction Phase services for the Gifford Elevated Storage Tank Rehabilitation and Structural Upgrade project in the amount of $65,396.00, and authorize the Chairto execute the same. So long as there are no changes in the dollar amount under the amount approved, upon adequate completion of the work set forth in the work order, staff is directed to make final payments to Kimley-Horn and Associates, Inc., after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: • Kimley-Horn WO 6 -Gifford EST Structural Improvements 172 WORK ORDER This Work Order Number _ 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 ("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: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Print Name: Title: By: Susan Adams, Chairman BCC Approval Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: K. Keith Jackman, Assistant County Attorney 173 EXHIBIT #A PROJECT ID 13.23.538 Indian River County Department of Utility Services Gifford Elevated Water Tank Modification and Rehabilitation PROJECT UNDERSTANDING Indian River County Department of Utility Services (IRCDUS) owns and operates the Gifford Elevated Water Tank located at 4690 28th Ct, Vero Beach, FL 32967. The following information is currently provided on the existing tank structure: • Beindorf and Associates / Sverdrup & Parcel and Associates mechanical drawings dated 10/10/1977 • Kimley-Horn condition assessment report, Job #KHRAL- 1733 8, dated 06/10/2022 • Kimley-Horn structural mapping report, Job #KHRAL-17339, dated 07/25/2022 • Kimley-Horn "As -Is" structural analysis report, Job #KHRAL-17341, dated 06/30/2022 IRCDUS is looking to evaluate the water tank structure in order to verify if it is sufficient to support the proposed loading by multiple telecommunication carriers (Verizon, T -Mobile, and Metro PCS). Refer to "Scope of Services" section for a detailed list of services proposed. SCOPE OF SERVICES TASK 1— Structural Analysis Report Kimley-Horn will perform a structural analysis of the water tank structure in general accordance with Florida Building Code 7d' Edition (2020) and American Water Works Association (AWWA) D100-21. The purpose of the structural analysis is to determine the adequacy of the structure to support existing and proposed loading by multiple telecommunication carriers (Verizon, T -Mobile, and Metro PCS). Kimley-Horn will identify which components of the structure, if any, will require reinforcements or modifications in order to support the proposed loading in conformance with applicable codes. The analysis report will only evaluate the primary latticed structural elements such as the columns, sway rods, and horizontals. Evaluation of the tank shell, catwalk, and carrier mounts will not be included. K:\WPB_Civil\General\King\Marketing\IRCDUS\Gifford Water Tank\2023.11.27 - Gifford Water Tank Modification - Scope (MRD Edits).doc 174 Task 2 — Structural Analysis Report with Modifications Based on the overstressed structural components identified per the analysis report per Task 1, Kimley-Horn will perform a supplemental structural analysis of the water tank structure in general accordance with Florida Building Code 7t' Edition (2020) and American Water Works Association (AWWA) D100-21. The purpose of the structural analysis is to determine the adequacy of the structure to support existing and proposed loading by multiple telecommunication carriers (Verizon, T -Mobile, and Metro PCS), includin>; proposed structural modifications required to meet referenced code requirements. The analysis report will only evaluate the primary latticed structural elements such as the columns, sway rods, and horizontals. Evaluation of the tank shell, catwalk, and carrier mounts will not be included. Task 3 — Modification Design Drawings Kimley-Horn will produce a structural modification drawing package detailing the reinforcements and modifications required to bring the elevated water tank structure into compliance with the Florida Building Code 7t' Edition (2020) and American Water Works Association (AWWA) D100-21. In addition to modifications required to address overstressed structural components, the drawings will also detail reinforcements required to address critically deficient structural components identified in the Kimley-Horn condition assessment report dated 06/10/2022. The modification drawings will only address modifications required for the primary latticed structural elements such as the columns, sway rods, and horizontals. Evaluation of the tank shell, catwalk, and carrier mounts will not be included. Task 4 — Bidding Assistance Consultant will attend one prebid meeting with the Owner. Consultant will coordinate with IRCDUS staff and IRC purchasing department to assist with project advertisement. Consultant will respond to up to two (2) addenda. Consultant will review bids from Contractors and prepare a letter for IRCDUS that identifies the lowest, most responsible, most responsive bidder. Task 5 — Construction Phase Assistance Consultant will attend pre -work meeting with Contractor. Consultant will prepare meeting minutes and distribute to project team. K:\WPB_Civil\General\King\Marketing\IRCDUS\Gifford Water Tank\2023.11.27 - Gifford Water Tank Modification - Scope (MRD Edits).doc 175 Consultant will review Contractor furnished shop drawings. This scope assumes that up to six (6) shop drawing submittals will be required as part of the proposed work. Consultant will review Contractor Applications for Payment. Consultant will make recommendations to Owner with respect to payment based on Consultant's observations and overall progress of the work. Consultant assumes four (4) payment application reviews will be required. Consultant will provide on-site construction observation services during the construction phase. Consultant will periodically visit the site during the expected 12 - week construction duration in order to observe the progress of the Work (up to 4 total site visits). Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the work based on Consultant's exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep IRCDUS informed of the general progress of the Work. The purpose of our site visits will be to enable us to better carry out the duties and responsibilities specifically assigned in this Agreement to Consultant, and to provide the IRCDUS a greater degree of confidence that the completed work will conform in general to the Contract Documents. Consultant shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall we have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. Once the Contractor considers the work to be substantially complete, Consultant will attend one (1) punch list walk through with the Contractor and Owner. Consultant will fiuYiish "punch list" that identifies the remaining work to complete the project. Upon completion of punch list, Consultant will perform a final site visit. Consultant will review Contractor furnished closeout documentation and if applicable, make recommendation for final payment and project closeout. KAWPB_Civil\General\King\Marketing\IRCDUS\Gifford Water Tank\2023.11.27 - Gifford Water Tank Modification - Scope (MRD Edits).doc 176 SCHEDULE Consultant will complete these tasks in a timely manner and mutually agreed upon schedule. The following schedule for each task is estimated below. Actual schedule may vary based on coordination with the client. Task 1: 2 weeks following NTP Task 2: 2 — 3 weeks following Task 1 Task 3: 2 — 3 weeks (in conjunction with Task 2) Task 4: 1-2 Months Task 5: 4 Months Total: 6 - 8 Months FEESCHEDULE We will provide these services in accordance with the Continuing Contract Agreement for Consulting Engineering Services #2023015 dated May 2nd, 2023, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The Consultant will provide professional services for a lump sum fee as follows: Task 1: Structural Analysis Report $ 8,703 Task 2: Structural Analysis Report w/ Modifications $ 6,569 Task 3: Modification Design Drawings $ 12,803 Task 4: Bidding Assistance $ 6,977 Task 5: Construction Phase Assistance $30,344 Total Tasks 1-5: $ 65,396 ADDITIONAL SERVICES The following services can be provided as additional services under separate future task order: • Carrier Mount Analysis Reports • Corral Design Drawings • Geotechnical Investigations • Foundation Investigations INFORMATION PROVIDED BY OWNER • Record drawings • Existing telecommunication equipment information • Site access information KAWPB_Civi]\GeneraAKing\Marketing\IRCDUS\Gifford Water Tank\2023. ] 1.27 - Gifford Water Tauik Modification - Scope (MRD Edits).doc 177 ESTIMATE FOR EN(2TN7EERWC SERNICES EE-'-CIiiPnC£+i: Crdiard it ater Tar?- Modifimtiaa I> 9v rORKT LABOR `M HOLIELS SE3 RM DESCdK um PROF PRC7F P2 Fl Sim Dir Exp w 4.5% SUE MIM TO AL h`d. TASKFFZC I Strartaral A=h--sk Rjwt Sttnchrl A alvsis Em r._ ' Strvctvrd Rs -Rmman + QC 20 5 8 5 ivy 515€#5 2 Structural Aualtsia R.Pwtsl 1liodifzatw. Madif mbm Drat Ea giaewirg MOMCatka NowSvmman;+QC 5 4 & 5245 55 555 5L OM 3 ModjEkdi=De ' Dram' 1 bd6mtioa D --mm Drmi:=s " Rwiew 2 32 12 U "B3 SLIMS 5555 3 Bidding AmistRuce Prireptapomlbidmiewrerammeeadadw. Ar" Meeti"4g R .se 1a E kidum qwvicrsIseae Addeida A' 2 2 2 2 4 5 4 4 b 4 $84 $115 $84 Sts $LO4 S-Z5G5 SL904 °;•555 a Coastructiba Flaw Assistswe Pre-xsr-meefmz Shap Dsazrir eF eviesc (z5) lit - !x4 Site V.iaits x Punch Wak Puactt List Final tip A Sit & Proj _ct Cbs--mt 4 2 2 2 4 2D 2 5 B 8 28 5 2 9 5 10 28 5 1 2 3 392 $lig 5112 W1 $92 331 $10 $2.102 53,519 S2 552 $14.8_2 52.101 101 $'?? $3$31 87 1 5555 AL HOURS 3 112 108 B5 5 0 5Ct 52875 3qd L4E4CR (SUMM) 270 1 24D 185 150 I00 1 25 1 Sp y SLBTClfAi 2.150 I 2d830 I 19m I mx 500 0 90 M.52i1 I 855.395 K:\WPB_Civil\General\King\Marketing\IRCDUS\Gifford Water Tank\2023.11.27 - Gifford Water Tank Modification - Scope (MRD Edits) doe 178 Emergency Addition 12.12.23 Consent Item 8.P. Indian River County, Florida Department of Utility Services Board Memorandum Date: December 7, 2023 To: Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, PE, Manager, Capital Projects Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Utility Work By Highway Contractor Agreement with FDOT for the Adjustment of Utility Valves for the SR -60 Resurfacing from West of CR -512 to West of 94th Drive —Additional Funds Due Background: On January 31St, 2023 the Board of County Commissioners approved the Utility Work by Highway Contractor Agreement with The Florida Department of Transportation (FDOT) for the adjustment of utility valves during the resurfacing project along SR -60 from County Road (CR) -512 to west of 94th Drive. The project has been awarded and the contractor's utility portion of the bid is higher than the estimated cost for the utility work that was brought before the board in January. Analysis: Indian River County Department of Utility Services (IRCDUS) received the official estimate from the Florida Department of Transportation (FDOT) for a total amount of $9,497.60 for the utility valve adjustments. This cost includes the 2% for Construction Engineering and Inspection (CEI) and 10% for contingency. Based on the previously paid amount to FDOT in the amount of $3,460.80 the additional funds required to be paid is $6,036.80. Funding: Funds will come from the Utilities/Water Dist/Hydrants and Valves Maintenance account, number 47126936-044660. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount UWHC 2024 Water Distribution 47126936-044699-23551 $6,036.80 Recommendation: Staff recommends that the Board of County Commissioners approve the Florida Department of Transportation - Utility Work by Highway Contractor Agreement, and authorize the Chairman to execute and sign on their behalf. Attachment: 1. FDOT- Utility Work by Highway Contractor Agreement 11(5—) Florida Department of Transportation Fq7T D web T Project Cost Distribution on for Selected Bidder Letting: CT231206 12/6/2023 12:48:45 PM Proposal: T4663 Proposal Description: SR 60 FROM W OF CR 512 TO W OF 94TH DR Project: 44764715202 Project Description: SR -60 FROM W CR -512 TO W 94TH DR - RESURFACING Federal Project: N/A Awarded Vendor: F592098662 RANGER CONSTRUCTION INDUSTRIES, INC. ' M"N's Description Units Pric Category: 0200 - Roadway Ext. Amount Flags 10.00000 1,360.00 F,MPAR T 50.00000 8,480.00 NPART ---------------- a10200 $9,840.00 I T4663 $11,192,756.56 1100-Z Sheriff Eric Flowers * **Indian River CountvOffice c f: 14 November 29, 2023 The Honorable Susan Adams, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Dear Chairman Adams: Please accept this letter as my request to be placed on the Board of County Commissioner's agenda on December 12, 2023 under Constitutional Officers to discuss arcades in Indian River County. If you have any questions or need additional information, please feel free to contact me. Sincerely, C-�� Eric Flowers Sheriff EF:nmj 12/12/2023 William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney Ofce of Public Hearing I o, A. I, INDIAN RIVER COUNTY MEMORANDUM To: Members of the Board of County Commissioners Through: John A. Titkanich Jr., County Administrator and Kristin Daniels, Director, Office of Management & Budget Date: December 6, 2023 From: William K. DeBraal, County Attorney ATTORNEY Subject: Amendment to Indian River Code Chapter 210 Tourist Development Tax Description and Conditions On August 29, 2023, the Board of County Commissioners approved an ordinance amendment to add an additional cent of to the County's Tourist Development Tax. Prior to the ordinance amendment, the County levied four cents of Tourist Tax. Those four cents were split amongst three funds. The Beach Restoration Fund received 1 5/6th cents, the Tourism Development Fund received 1 2/31 cents, and the Jackie Robinson Training Complex (JRTC) Fund received one-half of a cent. The County had planned to levy what is referred to as the "sixth cent", which would be the fifth cent of Tourist Tax levy for the County. Unbeknown to County staff, FS §125.0104, which addresses Tourist Tax spending, was amended late in last year's legislative session to add a requirement that increases in local Tourist Taxes must be approved by voters at a general election. That change became effective on July 1, 2023, while the County's "sixth cent" addition was approved on August 29, 2023 without the required referendum. Thus, the County must repeal the provision in the County Code that adds the additional "sixth cent" of Tourist Tax. However, in the August 29, 2023 ordinance amendment, the Board approved a change to how the four cents was allocated. The following table illustrates the allowable uses for each cent per the statute. Eligible Usage Categories "or 2nd 3rd 4"' Sports Stadium Maintenance/Capital X X Sorts Stadium Capital X X X Tourism Promotion X X X Beach Restoration X X Beach Restoration Fund History The Beach Restoration Fund (Fund) receives the largest allocation of Tourist Tax revenue totaling 1 5/6th cents, or $1,897,362, for this fiscal year. Revenue for this Fund is also derived from Federal Emergency Management Agency (FEMA) grants, Florida Department of Environmental Protection (FDEP) grants, 180 Tourist Development Tax November 30, 2023 Page 2 insurance proceeds, and other miscellaneous revenues, as qualifying events occur. Even though the Fund receives revenues from multiple sources, the Fund has a negative fund balance of approximately $4M, with $14.3M in reimbursable grants owed to the County. Thus, the Board decided to increase the allotment of Tourist Tax dollars to beach renourishment by decreasing the amount of Tourist Tax allocated to the Jackie Robinson Training Complex fund from one half cent to one-quarter of a cent. The reduction will still generate $258,750 which sufficiently covers the maintenance portion of the County's lease obligation ($200,000). The Board directed that the remaining $154,188 be funded from Optional Sales Tax revenues. This freed up that one-quarter of a cent, or $258,750, to be allocated to the Beach Restoration Fund, which brings the total fiscal year 2023/24 Tourist Tax portion of the fund's budget to $2,156,112. The allocations of Tourist Tax revenues are now distributed as follows: Eligible Usage Categories 1 st or 2nd 31d 4th Total Sports Stadium 0.25 0.25 Tourism Promotion 0.67 1.0 1.67 Beach Restoration 1.08 1.0 2.08 Total 2.0 1.0 1.0 4.0 The attached Ordinance Amendment removes the "sixth cent" but retains the above fund allocations. Future Allocation — 6th Cent As mentioned previously, the County has the ability to levy what is referred to as the "sixth cent", but the levy must be approved by referendum at a general election. The next general election will take place in November 2024. In order to qualify for that election, the final referendum must be submitted to the Indian River County Supervisor of Elections by August 14, 2024. The title of the referendum can be no longer that 15 words and the body of the referendum no longer than 75 words. The County Attorney's office will coordinate with the Supervisor's office to place the needed referendum on the November ballot. Funding: Although there is no change from the four cents that has previously, and will continue to be collected, a budget amendment is necessary to reflect the budgetary adjustment down to four cents since the levy of an additional cent was included in the approved 2023/24 budget. Recommendation Staff recommends the Board conduct the Public Hearing on the proposed ordinance amendment, take testimony from interested parties, approve the proposed amendment repealing the "sixth cent" of Tourist Tax, but retain the reallocation of funds, and authorize the Chairman to execute the amendment on behalf of the Board. Attachment Proposed Ordinance Amendment 181 ORDINANCE NO. 2023 - 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 TO REALLOCATE THE AUTHORIZED USES OF THE TOURIST DEVELOPMENT TAX REVENUE; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. WHEREAS, Indian River County currently imposes four cents of tourist development taxes on the renting, leasing or letting, for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle park, camping space or condominium for a term of six (6) months or less, per section 125.0104, Florida Statutes; and WHEREAS, the Board of County Commissioners wishes to reallocate the existing uses of tourist development taxes in order to provide additional funding for beach renourishment purposes; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 210.01 (Taxing district and levy) and Section 210.03 (Authorized uses of revenue) of Chapter 210 (Tourist Development Tax). New language indicated by underline, and deleted language indicated by StFikethpougl4. 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 is hereby amended to read as follows: CHAPTER 210. TOURIST DEVELOPMENT TAX. Section 210.01. Taxing district and levy. 1 182 ORDINANCE NO. 2023- (a) There are hereby created two (2) taxing districts in which the tourist development tax is imposed. One taxing district encompasses the geographical boundaries of the City of Vero Beach. The second taxing district encompasses the remainder of geographical boundaries of Indian River County. (b) There is hereby adopted and imposed a two (2) percent tourist development tax in accordance with F.S. § 125.0104, on the exercise within each of the taxing districts herein created of the taxable privilege of renting, leasing or letting, for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle park, camping space or condominium for a term of six (6) months or less. (c) There is hereby adopted and imposed an additional one (1) percent tourist development tax in accordance with F.S. § 125.0104(3)(d), on the exercise within each of the taxing districts of the taxable privilege of renting, leasing, or letting for a consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle park, camping space or condominium for a term of six (6) months or less. Said additional tax shall be for the purpose of funding those authorized uses of tourist development tax revenue as set out in section 210.03(a)(4) of this ordinance. (d) There is hereby adopted and imposed an additional one (1) percent tourist development tax in accordance with F.S. § 125.0104(3)(1), on the exercise within each of the taxing districts of the taxable privilege of renting, leasing, or letting for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle park, camping space or condominium for a term of six (6) months or less. Said additional tax shall be for the purpose of funding those authorized uses of tourist development tax revenue as set out in section 210.03(a)(2) and section 210.03(a)(6) of this chapter. a Section 210.03. - Authorized uses of revenue. 2 183 ORDINANCE NO. 2023- (a) All revenues received pursuant to this article shall be used for the following purposes only: (1) To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more publicly owned and operated convention centers, sport stadiums, sports arenas, coliseums or auditoriums within the boundaries of the county or subcounty special taxing distinct. However, these purposes may be implemented through serviced contracts and leases with per -sons who maintain and operate adequate existing lessees that have sufficient expertise or financial capacity to operate such facilities; (2) To promote and advertise tourism in the State of Florida and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event must have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event to tourists; (3) To fund convention bureaus, tourist bureau, tourist information centers and news bureaus as county agencies or by contract with the chambers of commerce or similar associations in the county; (4) To finance beach improvement, maintenance, renourishment restoration and erosion control, including shoreline protection, enhancement, cleanup, restoration of inland lakes and rivers to which there is public access; (5) Until such time as Indian River County reaches a population of five hundred thousand (500,000) based on the most recent population estimated prepared pursuant to the provisions of F.S. § 186.901, as in effect on July 1st of each year, tax revenues received pursuant to this article may also be used to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more museums, zoological parks, fishing piers or nature centers which are publicly owned and operated or owned by not-for-profit organizations are open to the public. (6) Pay the debt service on bonds issued to finance the construction, reconstruction, or renovation of a professional sports franchise 3 184 ORDINANCE NO. 2023 - facility, or the acquisition, construction, reconstruction, or renovation of a retained spring training franchise facility, either publicly owned and operated, or publicly owned and operated by the owner of a professional sports franchise or other lessee with sufficient expertise or financial capability to operate such facility, and to pay the planning and design costs incurred prior to the issuance of such bonds. (b) A minimum of Up -49 fifty (50) percent of the revenues to be derived from the tourist development tax levied pursuant to sections 210.01(b) and (c) of this chapter shall be used pledfed to seG ire and liquidate revenue bends issued by the Gou4* for the purposes set forth in section (a)(4) of this section. Up +o one_half (v_) of the The remaining revenue derived from the tourist development tax levied pursuant to sections 210.01(b) and (c) of this chapter may be used pledged to seGUre and liquidate reveR ie bends issued by the GG my for the purposes set forth in section (a)(1), (2), and (3). Section 3. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance shall become retroactively effective October 1, 2023. Ell 185 ORDINANCE NO. 2023 - This ordinance was advertised in the Indian River Press Journal on the day of December, 2023, for a public hearing to be held on the 12th day of December, 2023, at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph H. Earman Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this 12th day of December, 2023. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Ryan L. Butler, Clerk and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By William K. DeBraal, County Attorney Susan Adams, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of December, 2023. 5 186 i© -A -2 - INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr.; County Administrator FROM: Scott McAdam, Building Official DATE: November 30, 2023 SUBJECT: 2023 Indian River County Amended Wind Speeds Maps It is requested that the data herein presented be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of December 12, 2023. DESCRIPTION & CONDITIONS: The Florida Building Codes (FBC) are updated on a 3 -year cycle. The effective date of the new 2023 8d' Edition Florida Building Codes is midnight on December 31, 2023. The FBC includes the state wind speeds maps, Figures 1609.3(1)-(4), which identifies the wind speeds zones at the state level. Those wind speed lines are then further defined/established at the local level by local ordinance (i.e. Section 401.07 of the Code of Indian River County). According to the Florida Statutes and Florida Building Codes, the exact location of wind speeds lines shall be established by local ordinance, using recognized physical landmarks such as major roads, canals, rivers, and lake shores, wherever possible. Our current local wind speeds maps show the wind speeds zones for risk categories 1-3 (Exhibit 1), and the wind speeds zones for risk category 4 (Exhibit 2). Currently, the wind speeds zones for risk categories 1-3 (Exhibit 1) are divided by I-95, with the higher wind speeds east of I-95, and the lower wind speeds west of I-95 (see attachment 1). The new wind speeds zones for risk categories 1-3 will shift the dividing line further west. The new alignment will follow County Road (CR) 507 south from the Brevard County line to CR 512, and then CR 512 to SR 60, and then 162nd Avenue to the St. Lucie County line (New Exhibit 1; see attachment 3). This new alignment is more consistent with the state level wind speeds maps, and follows the same dividing line as the wind speeds zones for risk category 4 (Current Exhibit 2; see attachment 2), which was adopted during the last update in 2020. There are no proposed changes to the wind speeds zones for risk category 4 (New Exhibit 2; see attachment 4). However, the exhibit is labelled as "new" since it will be adopted with the new 2023 ordinance. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed ordinance amending Section 401.07 of the Code of Indian River County, approving the amended Wind Speeds Risk Maps C:\Granicus\Legistar5\L5\Temp\f5ee3060-c845-41 e5-975b4Ob9e664fad4.docx 1871 New Exhibits 1 and 2 (The Indian River County Wind Borne Debris Region and Basic Wind Speed map). ATTACHMENTS 1. Current — Exhibit 1: Indian River County Wind Speeds Risk Categories 1-3 Map 2. Current — Exhibit 2: Indian River County Wind Speeds Risk Category 4 Map 3. New — Exhibit 1: Indian River County Wind Speeds Risk Categories 1-3 Map 4. New — Exhibit 2: Indian River County Wind Speeds Risk Category 4 Map 5. Proposed Ordinance C:\Crranicus\Legistaz5\L5\Temp\f5ee3060-c845-41 e5-975b-30b9e664fad4.docx 1882 V� �z - JO Fns A i N n o o V 1 0 3 0 S 0 -1 L 1 i i 1 i M 3 t y.. r d I� 1 Z ' •I,y U N I.L � U I m a C1•� A CL >i w .r� Q In Tom! v �•� J i.l rl 0 o 0 0 000 o� a to Ana' E 3 C s � "JI i A l N n o o H l o 3 o S o 1 t Mm mm 1 _ i ti i i 1 i E i I i � a T* ON 0 0 0 0 0 o J m 0 o 0 0 000 �m a to U CL 4 (0 U U U U U U N U � a T* ON W w N 3 0c A�LANT1 Z.Q W LU Of d > O z 2 Y l� 1 1 zDo F LtJ i 1 - a U � ' Q te.l I ❑ a E c a V W � t m AlNf100 V1030SO i ows i Mimm i K is 3 � J m 1 m `I I � I N ON wo ORDINANCE NO. 2023 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 401.07 (THE INDIAN RIVER COUNTY WIND BORNE DEBRIS REGION AND BASIC WIND SPEED MAP) OF PART I (STANDARD CODES GENERALLY) OF CHAPTER 401 (BUILDING CODES) OF THE CODE OF INDIAN RIVER COUNTY, TO REPLACE THE EXISTING WIND SPEED MAP WITH TWO UPDATED WIND SPEED MAPS; AND PROVIDING FOR CODIFICATION; SEVERABILITY; CONFLICT OF ORDINANCES; AND EFFECTIVE DATE OF THE ORDINANCE. WHEREAS, the Florida legislature enacted the "Florida Building Codes Act" in 2001 to provide for uniform adoption, updating, amendment, interpretation, and enforcement of a single, unified statewide building code; and WHEREAS, the Florida Building Code is currently applied, administered, and enforced uniformly and consistently in Indian River County; and WHEREAS, the Florida Building Code is adopted and updated with new editions every three years pursuant to Florida Statutes. Changes to the previous code include revision of the Wind Borne Debris Region and Basic Wind Speed Map affecting Indian River County; and WHEREAS, Chapter 401 of the Code of Indian River County currently adopts the Florida Building Code and pursuant to state law, the County Code must now be amended; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 401.07 (The Indian River County Wind Borne Debris Region and Basic Wind Speed Map) of Part 1 (Standard Codes Generally) of Chapter 401 (Building Codes) of the Code of Indian River County, Florida. Section 401.07 (The Indian River County Wind Borne Debris Region and Basic Wind Speed Map) of Part 1 (Standard Codes Generally) of Chapter 401 (Building Codes) of the Code of Attachment 5 193 ORDINANCE NO. 2023 - Indian River County, Florida is hereby stricken in its entirety and replaced with the following: CHAPTER 401. — BUILDING CODES PART 1. - STANDARD CODES GENERALLY Section 401.07. - The Indian River County Wind Borne Debris Region and Basic Wind Speed Map. Indian River County hereby adopts and establishes the geographic boundary of the wind borne debris regions in Indian River County as set out in the attached Exhibit 1 "Indian River County Wind Speeds Risk Categories 1 thru 3 Map" and Exhibit 2 "Indian River County Wind Speeds Risk Category 4 Map." This wind borne debris region coincides with Figures 1609.3 (1), (2), (3) and (4) of the Florida Building Code, -0th 2023 8t' Edition, and has a basic wind speed of one hundred forty (140) miles per hour or greater. Wind borne debris requirements of the Florida Building Code applies in the entire county. Section 3. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 26' day of November, 2023, for a public hearing to be held on the 12th day of December, 2023, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Deryl Loar Commissioner Joseph H. Earman Commissioner Laura Moss Attachment 5 194 ORDINANCE NO. 2023 - The Chairman thereupon declared the ordinance duly passed and adopted this day of December, 2023. ATTEST: Ryan L. Butler, Clerk and Comptroller LIM Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of , 2023. Attachment 5 195 W 2 N f �F- J z >_ I F ` i I I y i 0 V z i i Ma 0 � x x x _M iy U a a a a a a CD :o ; C N t+1 N M y o O ISI F.�i m N m O. O O O 0 O O 0 O T J of of of or A l N 11 0 0 V -1 0 3 0 S 0 x x x x x x a a a a a a N t+1 N M y o m N m O. O O O 0 O O 0 O T J of of of or c (0 U U U U U U N U CEAN 0 TIC cs � w � _ VII wpm' A l N n O O V � 0 3 0 S O t - CIN rl 12/12/24 ITem 10.A.2. 20' • FBC is updated every three years • IRC adopts the new changes effective midnight 12/31/2023 • The FBC includes state wind speed maps (the exact location of wind speed lines are established by local ordinance) • Wind speed lines follow recognized landmarks, such as major roads, waterways, etc. when possible 12/12/24 ITem 10.A.2. Current Wind Speects for Risk Category 4 Curren"t State Wind Speed Maps Proposed Wind Speed M foi.- Risk C'.atelgories 2 & Proposed Wind Speed Map f6v Risk CA-citegory 4 12/12/24 ITem 10.A.2. RECOMMENDATION Staff recommends that the Board of County Commissioners Adopt the Proposed Ordinance Amending Section 401.07 of the Code of Indian River County, Approving the Amended Wind Speed Risk Maps. 1 2, 2, ]b C, al,IQ I Q" 4$44 SAMMITT Before the un defs%d aut#toav pwsmany appeared, Who on eaW SWS Otat too or 00 IS ft, tqAAd"r" A Ift f the IrWOP Wer A jb tK News,-. , W rt hed itt MWIR r#° t� belft alepl,Ad ,In ire rimer of ±w: 04" Out ,atcessWev� oft Cotw*les, Fj or I a nem"by tithe yes of"do., or newww po: .�... - RAlTLYN FEL.F 1 Notary Public otaryPublic�y j It NOTICE OF PUBLIC HEARING 12, IZ 2 �>i U NOTICE IS HEREBY GIVEN that the Board of County Commission- ers of Indian River County, Florida shall hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard, in the County Commission Chambers of the County Administration Build- ing located at 1801 27th Street, Vero Beach, Florida, on Tuesday, Decem- ber 12, 2023 at 9:00 AM to consider adoption of an ordinance; entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 401.07 (THE INDIAN _RIVER C.O.U.N_T_Y WI.N.D__BORNF=_ _ DEBRIS REGION AND BASIC WIND SPEED MAP) OF PART I (STANDARD CODES GENER- ALLY) OF CHAPTER 401 (BUILD- ING CODES) OF THE CODE OF INDIAN RIVER COUNTY, TO ADOPT AN AMENDED WIND SPEED MAP; AND PROVIDING FOR CODIFICATION; SEVER- ABILITY; CONFLICT OF ORDI- NANCES; AND EFFECTIVE DATE OF THE ORDINANCE. The proposed ordinance may be inspected by the public, by appoint- ment, during regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) by calling the Office of the Clerk to the Board of County Commissioners at 772-226-1916. Anyone who may wish to appeal any decision, which may be made.at this meeting, will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT ,(ADA) COOR- DINATOR AT 226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Joseph H. Earman, Chairman November 26 2023 I LSAR0035736 Request has been sucessfully updated. Request to Speak at BCC Meeting Print Submitted by: Darrell Remole Submitted On: 2023-12-04 07:45:25 Submission IP: (96.5.227.139) proxy -IP (raw -IP) Status: Accepted Priority: Normal Assigned To: Tina Cournoyer Due Date: Open Request to Speak at a Board of County Commission Meeting 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 * First Name * Last Name Darrell Remole * Street Address 5852 Segovia Place *city *Sbft *ZIP Vero Beach Florida 32966 Organization (if applicable) Segovia Lakes HOA * Email Phone dremole8@gmail.com 772-380-5755 Subject Matter for Discussion Request for a traffic Light at the intersection of 58th Avenue and 16th Street ' h; a digital presentation planned? Requesbd Meeting Data O vas 0 No 12/05/2023 Format MM/DD/YYYY 199 * What resolution are you requesting of the commission? Request for a traffic Light at the intersection of 58th Avenue and 16th Street * Are public funds or activities required? 0 Yes O No What funds or activities are required to meet this request? History Update By: Tina Cournoyer Pubk-t . dap -01 • Changed status from Open to Accepted Thank you for your request. Unfortunately, it is too late to be added to the agenda on the Dec 5th meeting. Requests of this nature are due on the Wednesday prior to the board meeting, which would have been November 29th. I can add you on Dec 12th. Please advise if you will be able to attend on December 12th. The meeting begins at 9 am. Please feel free to email me directly for any further communication at tcournoyer@indianriver.gov. Normal .r -u fr 77 </> ;_ .c L L 10% _ 2X Send Manual Email On Save? -- Select an Email -- v 200 ►2.12 -24 -�Cm io -6- 1. November 29, 2023 Commissioner Joseph E. Flescher Indian River County Board of Commissioners 1801 27th Street Vero Beach, Florida 32960-3388 Bill Posey, Congressman 2725 Judge Fran Jamieson Way Building C Melbourne, Florida 32940 Kevin J. Thibault, P.E., Director Florida Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0450 Mr. Jason E. Brown Indian River County Administrator 1801 271' Street Vero Beach, Florida 32960-3388 RE: Notification: Traffic light needed at dangerous intersection: 58th Avenue & 16th Street. Dear Commissioner, Flescher, This letter is written on behalf of concerned residents and citizens of Indian River County, Florida. Attached is a copy of the Traffic Light Petition of Segovia Lake, which is a homeowner association development situated at the intersections of 58t' Avenue and 161 Street in Vero Beach, Indian River County, Florida. The purpose of this letter is to bring to your attention this dangerous intersection. There have been numerous serious accidents at this intersection indicating its need for a traffic light. This intersection has heavy traffic, vehicles traveling at a high rerate of speed and it's a school bus pickup and drop location. Also, this letter is to formally put in writing the warnings implicit in the creation of a dangerous intersection which needs a traffic light. This letter constitutes a public record and you can be assure that, upon the next serious accident at this intersection, it will be discoverable by attorneys representing the parties who will eventually get ground to asking for records from the County and State relative to this intersection. Thus, neither the State nor the County cannot deny it did not know or had not been placed on notice as to this dangerous intersection. The primary spokesperson for our subdivision is Darrell Remole. The contact information is dremole@p-mail.com / 772-380-5755. I respectfully request a proper written response acknowledging receipt of this letter. 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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: Thomas Kenny 2016 13th Ave SW VBFL 32962 ADDRESS: CSAC SUBJECT MATTER FOR DISCUSSION: PHONE: 772.932.9383 iS A DTGTTALIF,LECTRONIC PRESENTATION PI.ANNF.D? E:1 YES ✓� NO WHAT RESOLUTION ARE YOU Better oversight by the voting members REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES ❑ NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone Annual funding of CSAC INTERIM COUNTY ADMINISTRATOR: Michael Zito MEETING DATE: 201 John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator W Office of the INDIAN RIVER COUNTY ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: John A. Titkanich, Jr. County Administrator PREPARED BY: Kristin Daniels Director, Management & Budget DATE: November 30, 2023 SUBJECT: American Rescue Plan Act of 2021 — Proposed Spending Plan Revisions BACKGROUND: On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan Act of 2021. The American Rescue Plan (ARP) as it is normally referred to, is a COVID-19 stimulus package that was intended to speed up the United States' recovery from the negative health and economic impacts of COVID-19. Indian River County received $31,063,168 in ARP funding. The County has until December 31, 2024 to encumber the funds, and until December 31, 2026 to fully exhaust all funding. ANALYSIS: The following table shows the proposed spending revisions per category. Spending Plan Expense Category Current Budget Proposed Revisions Revised Budget Respond to the Public Health Emergency $6,409,337 ($192,021) $6,217,316 Workers Performing Essential Work $1,772,006 ($853,236) $918,770 Reduction in Revenues $5,920,447 $0 $5,920,447 202 Water/Sewer or Broadband $11,500,000 $975,257 $12,475,257 Infrastructure Constitutional Officer $5,461,378 $70,000 $5,531,378 Expenses Total $31,063,168 $0 $31,063,168 Respond to the Public Health Ememency Staff is proposing a reduction of $192,021 in funding from this category, bringing the revised total to $6,217,316. The County had previously allocated $125,000 to address ongoing COVID-19 related response within the BCC departments including personal protective equipment (PPE), plexiglass dividers and signage. To date, the remaining balance of unspent funds totals $119,069 and is not anticipated to be needed. On August 17, 2021 the Board of County Commissioners approved $75,000 in COVID-19 sick pay benefits to be paid to employees who were hired after August 1, 2020 and thus did not receive the initial 10 days of paid leave time under the Families First Coronavirus Relief Act (FFCRA). All benefit payments have been made and there is $72,952 in funding to be reallocated. In an effort to ensure funds are spent within the Treasury's specified timeframe, Staff is proposing the individual program allotments within the $4M Down Payment & Rehabilitation Assistance category be removed. By removing the spending limits on SHARP, CENO, RENO, etc., Staff will be able to ensure the funds are allocated towards the programs with the highest demand and need, without risking unspent funds having to be returned to the Treasury. Staff will however, ensure that the $340,000 to cover the local match for the Low Income Housing Tax Credit application be earmarked through 2023. In the event the application is not awarded by the end of the year, Staff will then re -appropriate these funds to other eligible assistance programs. Workers Performing Essential Work Staff is proposing a reduction of $853,236 in funding from this category, bringing the revised total to $918,770. Initially, $100,000 was budgeted to cover COVID-19 related straight time and overtime. To date, only $10,204 has been spent. Staff is proposing the remaining $89,796 be reallocated to another eligibility category. In addition, $763,440 remains in the allocation to fund Worker's Compensation COVID-19 related claims for First Responders. Because the past several months of these expenses have been very minimal, Staff is proposing the reallocation of these funds. Any Worker's Compensation claims going forward will be charged to the County's Risk Management fund just as they would normally. 203 Water/Sewer or Broadband Infrastructure As specifically referenced in the bill text, improvements to water/sewer and broadband infrastructure are eligible expenses under the ARP. The City of Fellsmere has completed a broadband study and is working to issue a solicitation to address the deficiencies noted in the study before the end of calendar year 2023. Broadband is crucial in the City of Fellsmere and many other parts of the County to ensure teleworking and distance learning are able to take place. Staff has also completed a broadband study to evaluate needs throughout the unincorporated areas of the County to determine broadband needs and identify potential solutions. The results of that study indicate that Fellsmere is by far the most underserved area in Indian River County. Staff is proposing an allocation of $3,413,744 to support the Fellsmere broadband improvements project. This funding will support expanding the project to include broadband for the unincorporated areas surrounding the City of Fellsmere. Staff is also proposing to make the City of Fellsmere a sub -recipient of this funding in order to allow them to combine this funding with funding from other sources to maximize the scope of the broadband expansion project and the number of residents served. The South County Water Treatment Plant is currently undergoing significant renewal with upgrades of the filtration and finished water pumping systems. The project includes membrane skids replacement, replacement of high service pumps and additional new pumps, membrane pretreat improvements, and associated piping modifications; all designed to increase drinking water production efficiency (increase recovery). The project is in the advanced stage of construction, with the total estimated at $14,590,282. Staff is proposing to allocate funding no longer needed from the aforementioned projects in the amount of $975,257 to offset the significant cost of these enhancements. This additional funding brings the total allocation for the South County Water Treatment Plant Improvements to $6,975,257. Constitutional Officer Expenses The Clerk of Court has requested an additional $70,000 to fund various IT related upgrades. By utilizing ARP funding for these expenses, it ultimately lessens the burden on the County's General Fund millage. The Clerk's ARP allocation after this adjustment will be $1,070,000. RECOMMENDATION: Staff recommends that the Board consider the proposed spending plan (see attachment) as further detailed above totaling $31,063,168, consider any changes, and approve the attached plan with any amendments as needed. Staff further recommends that the Board authorize the Chair to execute the City of Fellsmere Broadband Agreement and any agreements with the funding partners that is consistent with our Federal requirements. ATTACHMENTS: ARP Proposed Spending Plan City of Fellsmere Broadband Agreement 204 C m CL tkoC C 4) CL fn u Q CL w Q C fB a d FA d C f0 d E Q C 3 O U If CU fY C f0 C m c 00 W N Ki O m N C O m 0 N F O N mm08Nn a Nnm4^ w -Vi ccmwS mvrinvvi �VcVv � O1 In M O l0 In n n to n ^Vi N O1 N O 1D M n n O C ri N Ln " OD < .4)' 46 O 01 .-± vi m O fff ff ri •C M n " Qt M n v ,n V* .-1 O1 fO .••1 M .-i .-i N N O Vv V> All a Ln .•1 N O a In 00 'E Y► inVF Y! N N N An � N C 0 0 0 0 0 0 00 N0 N O O O O O O1 0 0 0 rl O O O O1 n N 0 O 44). VT V} VT V} VT n a In an• v1 in m w 0 in. v* V* -i yr of Vf w N V! in 10 fo O M a 01 V> < O M In O1 N N N a N ri r, O1 O1 of a N O V! O t" 00 Ln n Q N 14 O1 ZD 4^ a a Y► N n n N V� a0 M In V! 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M Ol N N fi V1 c ` 7 U 0' E " ` 3 d'° U c v w c a ° Y 3 v a d r u Ln °a 0/ 0/ c > Ol Z 0 O m a �°J 0' Q a o o U x a Q W. m CL3 c E E m N N O o m Cou¢ N= d W C eco a F m E., c a C 7 `i z te~o H a an u o`° h LL s d o a°~ a OLL N n ac w c o is «''.- o a N /n a CL °~ = u c 0 0- '° 7 01 01 U E = M N z m O_ M C O 0Ij f]' N U N y� O N C K !0 U y •N ` E m Y >U Y OD 0a 75 m 1-0 A Q N C W 0 �c y V PJ 'C F ° 3 m a 2 m E E 2 1' N O N d W N M N Y 'Z w E a � a m N CL C 0 m m IC0 C WN N 0 W u 7 0 o r a m'k 0 d E w ° n C ` O) x 2 C d u W 7 C 0 y 0 V W C N CL N O M Y O d 0IY0 40 v° ooc 3 3 i° - O N INDIAN RIVER COUNTY AMERICAN RESCUE PLAN AGREEMENT THIS INDIAN RIVER COUNTY AMERICAN RESCUE PLAN AGREEMENT ("Agreement") is entered into as of the day of , 2023 by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27`h Street, Vero Beach, Florida, 32960 ("Recipient"), and City of Fellsmere, a municipality, whose address is 22 South Orange Street, Fellsmere, FL 32948 (the "Subrecipient"). RECITALS WHEREAS, Recipient has received funds as part of the American Rescue Plan; and WHEREAS, Recipient is required to comply with the requirements set forth in the attached U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions (the "Conditions"); and WHEREAS, Recipient is proposing to provide $3,413,744 to Subrecipient to be used for the Broadband expansion to rural areas project; and WHEREAS, Subrecipient as part of the acceptance of this assistance agrees to comply with the Conditions. 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. Payments. The Recipient will make a total disbursement to Subrecipient of $3,413,744 within 14 days of the final execution of this Agreement. 3. Compliance Requirements. Subrecipient agrees to comply with the U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions attached as Exhibit "A". In addition, Subrecipient must provide bi-annual documentation of all expenses paid with grant funds showing the full award amount has been spent by or before December 31, 2026 to the Recipient. The reporting schedule is as follows: Expense Period Report Deadline Prior to June 30, 2024 June 30, 2024 July 1, 2024 through December 31, 2024 December 31, 2024 January 1, 2025 through June 30, 2025 June 30, 2025 July 1, 2025 through December 31, 2025 December 31, 2025 January 1, 2026 through June 30, 2026 June 30, 2026 Jul 1, 2026 through December 31, 2026 December 31, 2026 Page 1 of 2 206 If funds are not fully spent, the unspent funds must be returned to the U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund by the Subrecipient. 4. Scope of Work. Subrecipient shall perform the tasks as identified and set forth in the Scope of Work, which is attached as Exhibit `B". IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this day of , 2023. CITY OF FELLSMERE, FLORIDA CITY COUNCIL OF FELLSMERE Joel Tyson, Mayor Date: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Susan Adams, Chairman Date approved: 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 Page 2 of 2 207 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E OMB Approved No. 1505-0271 Attachment A Expiration Date: November 30, 2021 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS Recipient name and address: DUNS Number: 079208989 Indian River County Taxpayer Identification Number: 596000674 1801 27th st Assistance Listing Number: 21.019 Vero Beach, Florida, 32960 Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund. Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto. DocuSigned by: Recipient: 2421 Authorized Representative: Kristin Daniels Title: Budget Director Date signed: 5/13/2021 U.S. Department of the Treasury: Authorized Representative: Title: Date: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. 208 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1. Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project. 2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024. 3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. 4. Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later. 5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award. 6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs. 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. 8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 2 209 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E 9. Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(1) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM, 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and PerformanceMatters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; 3 210 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10. Remedial Actions. In the event of Recipient's noncompliance with section 603 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act. 11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 13. Publications. Any publications produced with funds from this award must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 14. Debts Owed the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by 4 211 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. 15. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; V. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 61 212 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the "Recipient") provides 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 the 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 provisions 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. 1. 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 of the 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.), as implemented by the Department of the Treasury Title VI regulations 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 the Civil Rights Act of 1964 and the Department of the Treasury's implementing 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 and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. 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, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit hqp://www.lpp.gov. 213 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S. C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made apart of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other 2 214 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring that sub -recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub - recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient's obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Indian River County 5/13/2021 Recipient Date CDocuSigned by: �VtS�tbi, VAAA.ttL 69075E4695A2421... Signature of Authorized Official PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. 215 Exhibit B Scope of Work for Fellsmere Broadband Project The Broadband Infrastructure Project will assess the current availability of broadband internet services within the study area, which includes portions of the City of Fellsmere and unincorporated Indian River County, and then lead to the design and construction of a broadband network within that unserved/underserved area. The anticipated result of the project is a system with fiber and wireless components with sufficient hardline infrastructure, designed to meet current and future needs, and maximize the level of fiber service. The goals of the project include: 1. Assessment of current access to broadband with available speeds, and identification of any current/ on-going gaps in service. 2. Design of broadband infrastructure that: a. Remediates unserved/underserved areas of the Study Area with a minimum speed meeting the FCC definition for broadband but that strives to exceed this minimum standard; b. Identifies the infrastructure needed to support the delivery of leading-edge broadband services consistent with proposed design; C. Supports the operational needs of individuals and businesses through a platform of high-speed internet services; d. Establishes the conditions that strive to offer a competitive rate structure for the products and services delivered to end users over the network; e. Uses all available technology options to deliver a sustainable infrastructure that is as robust and flexible as practical. 3. Flexible design that may be implemented as a whole, or in phases. 4. Sustainable long-term service delivery to end-users with a high-quality product and superior customer service. 216 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Conservation Division Date: November 28, 2023 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Parks, Recreation & Conservation Director From: Wendy Swindell, Conservation Lands Manager Subject: Environmental Lands Acquisition Panel Recommendations for Finalization of the Draft Environmental Lands Program Guide BACKGROUND: On March 8, 2022, the County Administrator provided the Indian River County Board of County Commissioners (BCC) with a proposed resolution authorizing an Environmental Land Bond Referendum for the November 8, 2022, ballot. Resolution 2022-016 was passed by majority vote. The Resolution calls for a Bond Referendum Election for the issuance of general obligation bonds as follows: To acquire and permanently preserve environmentally significant lands to restore the Indian River Lagoon, protect water resources, natural areas, wildlife habitat, drinking water resources, and construct public access improvements related thereto, shall Indian River County be authorized to issue general obligation bonds up to $50,000,000, maturing within 20 years from each issuance, not exceeding the legal maximum interest rate, payable from ad valorem taxes, with full public disclosure of all spending through annual independent audits. The BCC further directed Staff to update the Environmental Lands Program Guide (ELP Guide) and to return with a proposal for a working group to serve the functions of what was previously known as the Land Acquisition Advisory Committee. On September 20, 2022, the BCC approved the Draft ELP Guide. Chapter II of the approved ELP Guide outlined the composition of the proposed review committee, to be referred to as the Environmental Land Acquisition Panel (FLAP). Between March and June of 2023, members of the ELAP were nominated and approved by the BCC. DESCRIPTION AND CONDITIONS: The nine -member ELAP convened for its initial meeting on August 15, 2023. During this meeting, the ELAP nominated and approved Peter O'Bryan as the Chairman, and Roland DeBlois as the Vice Chairman. Meetings were held on September 19, 2023, and October 17, 2023, to review the Draft ELP Guide and provide recommendations to the BCC on its content and revisions recommended (revision documents attached). 217 In order to better organize the information and provide clarity, staff has made minor changes to the sequence of the content in the ELP Guide and added minor content to provide document clarity and organization. These minor changes have been made subsequent to the October 17, 2023, ELAP meeting, and include the following: • Added Table of Contents Moved Definitions to a new Glossary section for ease of reference Added Acronyms to the Glossary section Formatted Appendices list for ease of reference A summary of the ELAP recommendation to the ELP Guide include the following: TABLE OF CONTENTS • Added to the document based on the ELAP recommended changes to the ELP Guide INTRODUCTION • No changes proposed SUMMARY OF CHAPTERS • No changes proposed CHAPTER I (PURPOSE, OBJECTIVES & POLICIES) • Added a definition for the "Acquisition Consultant" • Definitions were moved to the Glossary in the Appendices section CHAPTER II (RESPONSIBILITIES/RELATIONSHIPES) • No changes proposed CHAPTER IH (ENVIRONMENTAL RESOURCE PROTECTION METHODS) • Clarified "Purchase" definition (Page 13) CHAPTER IV (FUNDING /FINANCING) • Updated the introductory paragraph to include current conservation estimates (Page 15) • Added an introductory statement to the "Federal, State & Joint Acquisition Program" section (Page 15) • Added additional grant opportunities under the "Federal Funding" section (Pages 15-16) • Added additional grant opportunities and clarified existing descriptions under the "State Funding" section (Pages 16-19) CHAPTER V (LAND ACQUISITION PROCESSES/PROCEDURES) • Amended Chart #1 to add "approximately" (Page 23) • Provided more background on County Outreach (Page 25) • Changed "exotic" to "invasives" (for entire document) • Deleted "planning" within Phase 5 (Page 34) • Clarified the routing of Project Proposals (Page 35) CHAPTER VI (LAND MANAGEMENT) • No other changes beyond replacement of "exotics" to "invasives" 218 APPENDICES • Appendix A — Glossary: Acronyms, Definitions and Terms was added • Environmental Land Acquisition Parcel Nomination Form: Added a reference to "Appendix B, "and updated to include current email address • County Resolution No.: Added a reference to "Appendix C. " No other changes • I.R.C. Comprehensive Plan Policy Excerpts: Added a reference to "Appendix D. " No other changes • ELAP Evaluation/Prioritization Matrix: The matrix is now referenced as "Appendix E. " Under Qualitative Considerations the ELAP provides the following recommended changes to the Weighing Units on the Matrix: o The Natural Community Evaluation Factor was recommended to remain a "15" o The Potential Habitat Evaluation factor was recommended to be changed from a 6615" to a "10" o The Corridors & Greenways Evaluation Factor was recommended to be changed from a "10" to a "15" o The Landscape Evaluation Factor was recommended to remain a "10" o The Recreational & Educational Evaluation Factor was recommended to be changed from an "8" to a "10" Under Property Acquisition Considerations the ELAP provides the following recommended chanes to the Weighing Units on the Matrix: o The Property Need vs. Alternatives Evaluation Factor was recommended to be changed from a "12" to an 66 8" o The Vulnerability Evaluation Factor was recommended to remain an "8" o The Land Management Evaluation Factor was recommended to remain a "10" o The Cooperative Acquisition/Grant Potential Evaluation Factor was recommended to be changed from a "6" to an 668" o Favorable Market Conditions was recommended to remain a "6" • Minimum Criteria for ELAP Property Review: This section is now referenced as "Appendix F. " Changes recommended by the ELAP include: (1) The acronym "FLAP" was added to the introductory paragraph; (2) Item "c" was amended to clarify listed species designations; and (3) the term "adjacent" was replaced with "within " on Item "d. " FUNDING: No funding is required for the Environmental Lands Acquisition Panel recommendations for fmalization of the Draft ELP Guide. RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners review the proposed recommendations from the ELAP for the ELP Guide and provide staff with their comments and direction for finalization of the document. 219 ATTACHMENTS: • Clean Copy of the changes to the ELP Guide based on recommendations from the Environmental Lands Acquisition Panel • Track Change Version of changes to the ELP Guide based on recommendations from the Environmental Lands Acquisition Panel (available for review online or at the Commission Office) APPROVED AGENDA ITEM FOR DECEMBER 12, 2023 220 *-ST kk i , Rl geq; 'o Table of Contents INTRODUCTION............................................................................................................................................. 3 GENERAL OVERVIEW................................................................................................................................. 3 SUMMARY OF CHAPTERS..........................................................................................................................5 MAINTENANCE OF THE ENVIRONMENTAL LANDS PROGRAM GUIDE......................................................5 CHAPTER1......................................................................................................................................................6 PURPOSE, OBJECTIVES, AND POLICIES......................................................................................................6 PURPOSE...............................................................................................................................................6 OBJECTIVES...........................................................................................................................................6 POLICIES................................................................................................................................................7 CHAPTER11....................................................................................................................................................8 RESPONSIBILITIES AND RELATIONSHIPS...................................................................................................8 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS(BOCC)...............................................8 INDIAN RIVER COUNTY ENVIRONMENTAL LANDS ACQUISITION PANEL (ELAP)..................................8 STAFF...................................................................................................................................................10 ADVISORYSTATUS...............................................................................................................................11 GENERALPROVISIONS........................................................................................................................11 CONFLICTSOF INTEREST.....................................................................................................................11 CHAPTERIII.................................................................................................................................................13 METHODS OF LAND ACQUISITION......................................................................................................13 CHAPTERIV.................................................................................................................................................15 FFDERAL, STATE & JOINT ACQUISTION PROGRAMS.......................................................................15 FEDERALFUNDING..............................................................................................................................15 STATEFUNDING..................................................................................................................................16 LOCALFUNDING..................................................................................................................................19 PRIVATE GROUP/COOPERATIVE ACQUISITION...................................................................................20 CHAPTERV.................................................................................................................................................. 22 PHASE 1: Review of Directives............................................................................................................24 PHASE 2: Compilations of Lands for Review.......................................................................................25 1 Revised: December 2023 222 PHASE 3: Evaluation/Prioritization.....................................................................................................26 PHASE 4: Work Plans/Pre-Acquisition Tasks/Negotiations.................................................................31 PHASE 5: Final Report and Recommendations; Confidentiality.........................................................34 CHAPTERVI.................................................................................................................................................38 RESPONSIBILITIES................................................................................................................................ 38 KEY MANAGEMENT ACTIVITIES..........................................................................................................40 COST/FUNDING...................................................................................................................................43 APPENDICES................................................................................................................................................ 45 A. Glossary..............................................................................................................................................45 B. Environmental Land Acquisition Parcel Nomination Form......................:..........................................51 C. County Resolution No. 2022-016........................................................................................................52 D. I.R.C. Comprehensive Plan Policy Excerpts......................................................................................... 57 E. ELAP Evaluation/Prioritization Matrix.................................................................................................67 F. Minimum Criteria for ELAP Property Review...................................................................................... 68 Revised: December 2023 223 INTRODUCTION GENERAL OVERVIEW The Environmental Lands Program Guide (ELP Guide) is to be used as the primary document that contains the policies, standards, and procedures relating to environmentally significant land acquisition and management activities. With respect to the ELP Guide, the Indian River County Board of County Commissioners (BOCC) will have the ultimate approval authority on its adoption and revisions. The Environmental Lands Acquisition Panel (ELAP) will maintain the ELP Guide and act in an advisory capacity to the County Commissioners. The ELAP will receive and review proposals for purchase and make specific land acquisition recommendations. Notwithstanding any section of the ELP Guide to the contrary and except for matters that are required to be confidential, such as appraisals, the ELAP shall review and make recommendations with respect to all environmental land acquisition matters before said matters are presented to the BOCC. County staff will be available at the direction of the County Administrator. Although the ELP Guide will be the primary source for policy and procedural guidance, the Indian River County Comprehensive Plan and the Indian River County Land Development Code, as well as the Comprehensive Plans of municipalities in the County, will also be used as they contain goals, policies, and objectives relating to land acquisition. On March 8, 2022, the BOCC approved Resolution 2022-016 which called for an Environmental Bond Referendum for the qualified electors to consider in the November 8, 2022 general election. The referendum will determine whether an environmental bond should be pursued to provide for the funding towards the acquisition of environmentally significant lands to restore the Indian River Lagoon, protect water resources, drinking water sources, wildlife habitat and natural areas, and construct public access improvements related thereto. The BOCC committed to do the following in the event that the 2022 Referendum is approved by the voters: A. Seek matching funds in connection with the acquisition of the Projects (as defined in the Resolution) to the maximum extent such matching funds are available; B. Make specific provisions for annual independent audit of the uses of the proceeds of the Bonds. The BOCC committed also to revise the 2004 ELP Guide to provide criteria and guidelines for the acquisition process under the 2022 Bond Referendum. The original ELP Guide was developed in conjunction with the County's 2004 Environmental Bond Referendum, of which all funds have been allocated. The purpose of the ELP Guide includes the following: 1. To provide the policies and procedures involved in land acquisition and long-term management in Revised: December 2023 224 one document that may be modified over time. 2. To provide a uniform process for land acquisition and management that will be utilized throughout the county. 3. To provide the public, county staff, and parties involved in the acquisition process with a document that outlines this process in a format that is readily available and clear in its presentation. The ELP Guide serves as a reference for the ELAP throughout the planning process. Three main principles contained in the ELP Guide are: Acquisition of lands consistent with the resource/conservation goals, objectives, and policies set forth by the County; 2. Acquisition of lands when other means of protection (e.g., land use regulation) are not effective; and Acquisition, when possible, through the use and assistance of state and federal funds. The primary objective of the ELP Guide is to outline procedures for the acquisition of environmentally significant lands. Such lands are unique and irreplaceable, and contain excellent examples of natural communities including, but not limited to: forest resources; plants; animals; coastal and wetland resources; and surface and groundwater resources. A secondary objective of the ELP Guide is to outline procedures for management of acquired lands so that these lands are restored and/or managed to maximize their ecological value, and developed for passive recreational uses such as hiking and nature trails, educational nature centers, and elevated boardwalks. The acquisition process will consider the cost associated with these public access improvements, as well as the cost associated with habitat management and restoration. The BOCC has the final authority to establish land acquisition policies, procedures, priorities, standards and criteria. The BOCC also approves specific proposals for acquisition, based on the recommendations from the ELAP. In making its recommendations, the ELAP follows the procedures set forth in the ELP Guide, and is advised by county staff. County staff are also responsible for: ensuring that the proposals are properly reviewed by the ELAP, coordinating comments, conducting intergovernmental coordination activities, preparing approval/recommendation memoranda, and negotiating for purchases. 4 Revised: December 2023 225 SUMMARY OF CHAPTERS Chapter I sets forth the purpose of the ELP Guide, as well as objectives and policies to direct land acquisition actions. Chapter II describes the responsibilities and relationships of the BOCC, the ELAP and county staff in carrying out the objectives and policies of the ELP Guide. Chapter III summarizes the various methods that can be used to protect environmental resources, with fee title purchase being just one of several alternatives. Chapter IV provides brief descriptions of the various funding/financing approaches that can be utilized for land acquisition, including joint acquisition programs, local fimding mechanisms, and private, cooperative acquisition. Chapter V is the crux of the ELP Guide, detailing the land acquisition process and procedures. Included in this chapter is the Evaluation/Prioritization Matrix and land evaluation criteria descriptions. Chapter VI provides information on conservation land management responsibilities, funding sources, needs and priorities. The appendices of the ELP Guide are excerpts from important reference documents such as the County Comprehensive Plan and the BOCC Resolution No. 22-016, which provided the framework for carrying out the environmental bond referendum. It would be the responsibility of the BOCC to approve the members of the ELAP. Also included is a sample land acquisition nomination application, information on the evaluation of parcels, and a glossary of acronyms, definitions and terms, for reference. MAINTENANCE OF THE ENVIRONMENTAL LANDS PROGRAM GUIDE Responsibility. In order to carry out the responsibilities of maintaining the ELP Guide in a correct and up-to-date manner, the County Administrator shall identify a county staff member whose duties will include coordinating all guide issuances and keeping the guide up-to-date. Amendment and Updating Procedure. The ELP Guide may be amended by a majority vote of the BOCC. The ELAP shall periodically conduct a review of the ELP Guide and shall make recommendations to the BOCC regarding proposed ELP Guide revisions, as warranted. 5 Revised: December 2023 226 CHAPTER I PURPOSE, OBJECTIVES, AND POLICIES PURPOSE This ELP Guide is to assist the ELAP through the planning process and the procedures that lead to decisions on the acquisition of land. Land acquisition is initiated by the identification of a need to meet certain objectives that require a property base - one that has the potential for acquisition. Acquisition involves obtaining full control (fee title) or partial control through easements, leases, or agreements. OBJECTIVES The primary objective of the Indian River County ELP Guide is to outline procedures for acquiring, and managing environmentally significant lands. Environmentally Significant Lands Lands so described are environmentally rare and irreplaceable and are valued ecological resources. For the purposes of the 2022 Environmental Bond referendum, these lands contain one or more of the following resource categories: Natural Communities; Forest Resources; Plants; Animals; Coastal and Wetland Resources. The land acquisition objectives for each category are as follows: Natural Communities. Identify, acquire and protect those natural communities that represent the best examples, with priority given to the most endangered or threatened. To ensure consistency of description of natural communities, see the Conservation Element of the Indian River County 2030 Comprehensive Plan. Forest Resources. Identify, acquire, and protect lands to maintain representatives of the various forest or timber types. Plants. Identify, acquire and protect sites which contain endangered or threatened species, or species of special concern. Priority should be given to those sites that are critical to the survival of these plant species or that contain important assemblages of rare or endangered species. Animals. Identify, acquire, and protect lands that are critical to the survival of endangered or threatened animals or species of special concern. Wetland and Coastal Resources. Identify, acquire, and protect undeveloped coastal areas to conserve their significant natural and aesthetic attributes. Identify, acquire, and protect significant wetland areas, with specific emphasis on resources associated with the Indian River Lagoon, including its associated tributaries. Water Resources. Identify and protect lands that are valuable for conservation of water resources, including surface waters and those contributing to public drinking water sources. 6 Revised: December 2023 227 Management of Environmentally Significant Lands Lands acquired under the ELP Guide shall be managed primarily to restore, enhance and maintain important natural ecological characteristics. These lands will be managed and maintained, as appropriate, for passive recreational pursuits, or other compatible uses. Unique Areas The natural characteristics of these areas will be enhanced or maintained to ensure protection of the natural resources. Areas may be maintained or enhanced by many methods, including but not limited to: fencing, planting, prescribed fire, selective clearing and/or removal of non-native species, removal of artificial drainage features, elimination of off-road vehicle access, and prohibition of dumping. Recreation Areas The objective in managing these areas should be to provide opportunities for recreational experiences in the out-of-doors. Limited facilities will be developed to encourage users to enjoy the land and its resources in a natural setting. Nature trails, boardwalks, educational displays and centers, and observation platforms are the type of facilities that may be developed in these areas. Other Compatible Uses Uses compatible with the primary objective of protecting significant natural areas may be considered. Such uses include ground water primary recharge protection, and storm water management. Such uses shall only be considered if they do not threaten the integrity of the natural system to be protected. POLICIES Indian River County, Florida will acquire lands consistent with the resource conservation goals and objectives as set forth in the ELP Guide; State acquisition guidelines (when applicable); and policies of the Indian River 2030 County Comprehensive Plan, foremost of which being policies of Objective 6 of the Conservation Element. The County's basic policy is to purchase land when other means such as zoning or regulation are not available or effective. When lands are to be acquired, the minimum ownership interest necessary to satisfy the objectives is to be sought. If fee title is required, full consideration will be given to extended use reservations, exchanges or other alternatives that will lessen impact on the owner and the community. Donations of desired lands or interests will be encouraged. In carrying out this policy, the County shall give additional consideration to land acquisition measures that are coordinated with various entities. It is the policy of the County to work in a cooperative venture with such entities, including but not limited to profit and nonprofit organizations, municipalities within Indian River County; the Department of Environmental Protection; the St. Johns River Water Management District; the Florida Inland Navigation District; and the Florida Forever Program. 7 Revised: December 2023 228 CHAPTER II RESPONSIBILITIES AND RELATIONSHIPS Boards and officials listed below are responsible for the functions indicated: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS (BOCC) Approves land acquisition policies, procedures and priorities based upon recommendations from the ELAP. Approves in writing only those acquisitions of environmentally significant lands proposed by the ELAP. (The BOCC may approve or delete any project proposed by the ELAP. Also, the BOCC may add or expand projects on the prioritized acquisition list, but only under the "Emergency Acquisition" procedures set forth in the ELP Guide, whereby the ELAP will review emergency project(s) and make recommendations to the BOCC regarding acquisition.) Authorizes all financial measures, including bond issues, for carrying out the acquisition of environmentally significant lands. Provides final approval of all land acquisition contracts and documents. Determines the annual budget for the land acquisition program, including funds used for purposes relating to acquisition beyond purchase or lease costs, such as site improvements and management costs. Appoints members to the ELAP, in accordance with a future Resolution to be adopted by the BOCC. INDIAN RIVER COUNTY ENVIRONMENTAL LANDS ACQUISITION PANEL (ELAP) Membership shall consist of nine (9) members appointed by the BOCC, in accordance with the provisions of a future County Resolution to be adopted. Membership will include one (1) appointee residing in each of the five districts by their respective County Commissioner, and four (4) members at large with professional credentials and affiliations. The process for selecting the 4 members at large will be proposed to the BOCC for approval. It is recommended that the four at large members be selected from the following three categories: • Two (2) members with a broad background and professional experience in Natural Resources • One (1) member with extensive professional experience in Real Estate or Finance • One (1) member with extensive professional experience in Planning or Engineering Term of Office Revised: December 2023 229 The term of each appointment shall be governed by Section 103.02 of the Indian River County Code of Ordinances. Purpose of the ELAP The purpose of the ELAP shall be to: 1. Advise the BOCC on utilizing the bond funds for the purchase of environmentally significant lands that further the goals and objectives outlined in the Indian River County 2030 Comprehensive Plan; 2. Establish, pursuant to the ELP Guide, priorities for Commission consideration in connection with future land acquisition; 3. Review and comment on the development of use and management recommendations for consideration by the Commission with regard to environmentally significant lands to be protected; 4. Make recommendations regarding cost -share funding alternatives to leverage bond referendum monies. 5. Take such other actions as are consistent and necessary in accordance with criteria established in the ELP Guide. Duties and Responsibilities: Comply with the mandate of the electorate vote in accordance with Indian River County policies enumerated herein. Make recommendations to the BOCC concerning modifications to the Indian River County ELP Guide to meet the needs of Indian River County. Present to the BOCC, for their approval, a recommended program for the purchase of environmentally significant lands. Investigate and consider alternative non -ad valorem -based funding sources for the purchase of environmentally significant lands. Receive and review individual proposals nominated for purchase in accordance with the criteria established in this ELP Guide. Create an annual summary for land acquisition in accordance with the criteria established in this ELP Guide from which due diligence investigations and purchase negotiations shall be commenced. The project summary shall carry over those sites still under consideration from the previous year's cycle. Based upon a staff report, make recommendations to the BOCC concerning the acquisition of Environmentally Significant sites. The ELAP's recommendation shall specifically identify the land 0 Revised: December 2023 230 and interest therein to be acquired, and features of the land that meet (and don't meet) the selection criteria set forth in this ELP Guide. Make use and management recommendations to the BOCC regarding environmentally significant lands to be protected. The ELAP shall conduct an annual review and evaluation of the environmentally significant lands being considered for acquisition based on the results of purchase negotiations, funding opportunities with State and Federal preservation programs and the criteria established by this ELP Guide, reprioritize same, add new sites or delete sites, and provide a written report of results thereof to the BOCC. All business of the ELAP shall be conducted by majority vote with no fewer than seven (7) members of the ELAP being present. STAFF County personnel shall be assigned by the County Administrator to provide assistance to the ELAP. Duties and Responsibilities: Receive all acquisition proposals. Evaluate proposals for policy and procedural compliance. Establish and maintain the GIS based Dashboard which will contain review criteria and other relevant information to be used in the evaluation process. The Dashboard will be updated by staff when updated GIS files are available, and upon receipt of new or modified property information. Ensure appropriate review by the ELAP. Coordinate comments received. Develop a work plan with the acquisition consultant from which due diligence investigations and purchase negotiations shall be commenced. The work plan shall begin with those sites listed in the previous year's cycle, and include any sites added to such list in accordance with the provisions in this Guide. Said acquisition shall be consistent with the goals and policies of the Guide. Coordinate with the acquisition consultant concerning selection by a fair and impartial process, by bid or rotation, appraisers who are duly certified by the Division of State Lands Bureau of Appraisal to conduct appraisals in accordance with applicable State and County standards. Coordinate with the acquisition consultant concerning selection of any contract with qualified vendors to complete boundary maps, surveys and environmental audits in accordance with applicable standards. iU Revised: December 2023 231 Manage cooperative efforts, consultation and/or contracts with profit or nonprofit organizations in furtherance of the goals and objectives of this Guide. Arrange for discussions and meetings of panel members, county, state and local governmental agencies, as required. Prepare Approval Memorandum recommendations for BOCC consideration at the direction of the ELAP. Prepare grant applications and proposals. Coordinate negotiations with owners of property under consideration for acquisition. Negotiations may entail direct contact with landowners and/or coordination with State cost -share agency staff and other land acquisition entities, as applicable. Develop purchase contracts; present negotiation status to the ELAP and the BOCC. In instances where matching fund opportunities from conservation partners are available, and to the extent practicable and feasible, follow said partners' land acquisition procedures, it being understood that the adoption of said procedures shall be temporary in nature and applicable only to the specific transaction at hand. Conduct conservation land management tasks in accordance with BOCC approved land management plans, including coordination with volunteers and appropriate environmental agencies. ADVISORY STATUS The ELAP shall be advisory only, and the members shall serve without compensation. GENERAL PROVISIONS Except as provided herein, the provisions of Section 103.02 of the Indian River County Code of Ordinances shall apply to the ELAP. CONFLICTS OF INTEREST No member of the BOCC may be involved in the appraisal of or the negotiations for the purchase, sale, or exchange of any real property on behalf of the County. No Board member, ELAP member, County staff member, member of any organization or agent employed by the County (collectively "County Authorized Representative") may negotiate, approve, or otherwise participate on behalf of the County in the purchase, sale, or exchange of real property owned or to be acquired by the County, if the County Authorized Representative member or any of his relatives stand to receive any tangible advantage from the real estate transaction or has any financial interest in or derivative benefit from the land to be acquired. 11 Revised: December 2023 232 No County Authorized Representative may provide information obtained by virtue of his/her official capacity to another regarding any proposed acquisition or disposition of property for the purpose of giving the third party an unfair advantage. The County Authorized Representative shall sign a binding statement disclaiming any interest in environmentally significant lands during the period of active negotiations on said lands, and shall also sign a statement that the confidentiality of all appraisals, offers and other negotiation matters shall be maintained in accordance with Chapter 125, Florida Statutes. 12 Revised: December 2023 233 CHAPTER III ENVIRONMENTAL RESOURCE PROTECTION METHODS METHODS OF LAND ACQUISITION There are a number of methods available to acquire property rights. These are direct purchase, condemnation, donation, exchange, transfer, or withdrawal. Each property under consideration for acquisition has characteristics that are factors in determining what method is appropriate. A brief discussion of each method is presented below. Please note that not all of these methods are applicable, or will be utilized, when environmental bond funds are allocated for acquisition. Purchase. This is a simple, straightforward means of separately obtaining fee title or an easement. It involves a willing seller/willing purchaser situation wherein the purchaser negotiates the sale of one, some or all rights to property fee simple or less than fee simple conservation easements which may include transfer of development rights. Purchase agreements have the advantage of being quick, controllable and generally non- controversial. Condemnation. There are occasions when direct purchase is not possible because the owner does not want to sell or will not accept the price offered. When extremely high public values are endangered or threatened or the land is needed for protection, the County can exercise the right of eminent domain (the taking of land without consent of the owner). This judicial process is also called condemnation. The disadvantages are that this process is almost always controversial, frequently creating highly emotional reaction on the part of the landowners and sometimes the community at large. Furthermore, there is little control as to the cost, which is generally determined as a result of a trial. In addition, the County must assume the judgment of the value that the jury places upon the land. The County may also be required to pay additional costs and attorney's fees of the property owners as provided by law. Condemnation shall not be considered when utilizing bond referendum funds. Donation. A citizen or group of citizens may wish to make a gift of property. Such donations are often useful in carrying out the land acquisition program at a minimum of cost. Aside from the cost factor, these acquisitions are no different than any other purchase. Exchange. On occasion, lands under County control can be exchanged for land having greater ability to satisfy the objective of the land acquisition program. This can involve land in private ownership or land under the administration of another governmental agency. Inherent in the exchange concept is the requirement to get dollar value for dollar value. Exchanges for land under current County control are attractive in that they do not increase land holdings and do not require funds for purchase. Another approach that may be considered is the County's acquisition of land for purposes of a pre -determined exchange for property of equivalent dollar value that has greater ability to satisfy land acquisition program objectives. 13 Revised: December 2023 234 Installment Sale. This concept has not been approved in Indian River County; however, an installment sale involves the sale of bonds. The prospective seller would contract to convey property to the County and in return the County would issue a bond. This bond would have to be paid back over a set number of years. The effect of this would be to create a potentially tax-free installment sale to the seller. The use of an Installment Sale shall not be considered when utilizing bond referendum funds. Use of Intermediaries. The County may find it advantageous to work with a private group as an intermediary to facilitate the transaction. Use of these intermediaries can sometimes bring about acquisition more rapidly. 14 Revised: December 2023 235 CHAPTER IV FUNDING/FINANCING There are approximately 10.69 million acres of conservation land in Florida in 2022, 96.9 percent is publicly -owned (10.37 million acres). Among the publicly -owned conservation lands, 54.9 percent is owned by the state government, 40.2 percent is owned by the federal government, and 4.90 percent is owned by the local government (2023 Annual Assessment of Florida's Conservation Lands, Florida Office of Economic & Demographic Research). The "bottom line" factor in the acquisition of environmentally significant lands is the availability of funds. A main component of a local land acquisition program is not only the allocation of local funds for acquisition, but also an aggressive pursuit of funding via inter -agency cost share programs, grants, and cooperative acquisition with private groups such as The Trust for Public Land, The Conservation Fund and The Nature Conservancy. In this chapter, potential funding and financing alternatives are summarized. FFDERAL. STATE & JOINT ACOUISTION PROGRAMS The following is a summary of potential grant opportunities that may be utilized for environmentally sensitive lands acquired through this process. This list is not intended to be all inclusive, and the intent of the process will be to pursue applicable funding based on the nature of each acquisition. FEDERAL FUNDING The Federal funding summarized in this section are the U.S. Fish & Wildlife Service (FWS) — Coastal Program, the FWS-NAWCA 2024 US Small Grants, the Office for Coastal Management — National Oceanic and Atmospheric Administration (NOAA) — Coastal and Estuarine Land Conservation Programs, and Indian River Lagoon National Estuary Program. U.S. Fish & Wildlife Service (FWS) — Coastal Program: The Coastal Program is a voluntary, community-based program that provides technical and financial assistance through cooperative agreements to coastal communities, conservation partners, and landowners to restore and protect fish and wildlife habitat on public and private lands. Coastal Program projects must support the missions of the U.S. Department of the Interior (DOI), FWS, and the Coastal Program, and be based on biological principles and the best available science. The Coastal Program takes an adaptive approach to designing and implementing coastal habitat protection and restoration strategies that anticipate and ameliorate the impacts of climate change and other environmental stressors. Coastal Program habitat improvement projects strive to increase coastal resiliency by improving the ability of coastal ecosystems to adapt to environmental changes and supporting natural and nature -based infrastructure projects to protect and enhance coastal habitats. Eligible projects include the acquisition of real property interest in coastal lands or waters and the restoration, enhancement, or management of coastal wetlands ecosystems. FWS - NAWCA 2024 US Small Grants: The U.S. Small Grants Program is a competitive, matching grants program that supports public-private partnerships carrying out projects in the United States 15 Revised: December 2023 236 that further the goals of the North American Wetlands Conservation Act. Projects must involve only long- term protection, restoration, enhancement and/or establishment of wetland and associated upland habitats to benefit migratory birds. The program requires a 1:1 non-federal match and research funding is ineligible. This program supports the Department of Interior (DOI) and FWS mission of protecting and managing the nation's natural resources by collaborating with partners and stakeholders to conserve land and water and to expand outdoor recreation and access. This grant applies to projects requesting less than $250,000. FWS - NAWCA 2024 US Standard Grants: The U.S. Standard Grants Program is a competitive, matching grants program that supports public-private partnerships carrying out projects in the United States that further the goals of the NAWCA. These projects must involve long-term protection, restoration, and/or enhancement of wetlands and associated uplands habitats for the benefit of all wetlands -associated migratory birds. As with the NAWCA Small Grant program, there is a 1:1 non-federal match required. Standard Grant projects may request up to $3,000,000 in funding. Office for Coastal Management — National Oceanic and Atmospheric Administration (NOAA) — Coastal and Estuarine Land Conservation Program: This program is authorized as part of the Coastal Zone Management Act to protect coastal lands that are ecologically important or possess other coastal conservation values, such as historic features, scenic views, or recreational opportunities. From 2002 to 2019, the Coastal and Estuarine Land Conservation Program (CELCP) protected more than 110,000 acres through funds to state and local governments to purchase threatened coastal and estuarine lands or obtain conservation easements, including over 16,000 acres protected as in-kind matching contributions. Indian River Lagoon National Estuary Program.—The Indian River Lagoon Council was established as an independent special district and is the local sponsor for the Indian River Lagoon National Estuary Program (IRLNEP) under the EPA's National Estuary Program. Cost -share grants may be awarded for land acquisition for water quality restoration, habitat restoration, and community-based restoration projects. STATE FUNDING State funding programs summarized in this section are: the (overall) Florida Forever program; the State Acquisition and Restoration Council (ARC) program; the St. Johns River Water Management District's (SJRWMD) land acquisition program; FDEP Parks and Recreation grants; the Florida Communities Trust program, the Coastal Partner Initiative (CPI) Grant, and the Wetland Restoration and Protection Grant administered by FDEP. Florida Forever. The Florida Forever program was created in 1999 in response to a voter - approved constitutional amendment to acquire conservation lands. To date, the state has issued approximately $2 billion of Florida Forever bonds'. The main objectives of the Florida Forever Act are outlined in this definitions section of this Guide. At the end of Fiscal Year 2020-21, the principal amount of bonds available was $460 million, which is estimated to be expended and retired in Fiscal Years 2028-29. The bond proceeds are distributed as follows: 35% Department of Environmental Protection — State Lands 16 Revised: December 2023 237 30% Department of Environmental Protection (DEP)/ Water Management Districts (WMDs) 21% Florida Communities Trust (FCT) 3.5% Department of Agriculture & Consumer Services — Rural & Family Lands Protection 2.5% Department of Environmental Protection — Working Waterfronts 2.0% Department of Environmental Protection — Florida Recreation Development Assistance Grants 1.5% Florida Department of Environmental Protection — Recreation & Parks' 1.5% Florida Department of Environmental Protection — Greenways & Trails 1.5% Fish & Wildlife Conservation Commission — Land Acquisition' 1.5% Department of Agriculture & Consumer Services — Florida Forest Service' ' These distributions are limited to inholdings and additions to lands managed by these agencies. ARC/Florida Forever Program. The Acquisition and Restoration Council (ARC) Florida Forever Program (f/k/a the Conservation and Recreation Lands (CARL) program) is administered by the Florida Department of Environmental Protection (DEP). The Florida Forever Act has added substantially to the available funds under this program. Land acquisition projects throughout the State are accepted for consideration and ranked annually for purposes of State acquisition priority. Properties that have been acquired under the County Environmental Lands Program with cost -share funds from this program include: the Korangy tract; the Fischer -Sebastian River tract; the Spallone/Archie Carr tract; the Carson Platt Estate tract; and the Captain Forster Hammock Preserve (f/k/a the Jungle Trail Conservation Area) SJRWMD Land Acquisition Program. The St. Johns River Water Management District (SJRWMD) land acquisition program is a potential funding source, particularly through cost sharing. With the Save Our Rivers (SOR) and Florida Forever programs, the SJRWMD has funding available for the acquisition of lands based on the potential for preserving, restoring, enhancing or developing water resources in the District. Priority is given to lands that provide water resources protection, such as floodplains, sensitive wetlands and groundwater recharge areas. The SJRWMD is a co-sponsor of the of the Indian River Lagoon Blueway acquisition initiative, and has partnered with the County in acquiring Blueway property in the Oslo Riverfront Corridor. Also, SJRWMD has acquired land in the St. Johns Marsh area, and may be amenable to cooperative purchase of environmentally significant lands in western Indian River County. 17 Revised: December 2023 238 Florida Recreation Development Assistance Program. The Florida Recreation Development Assistance program (FRDAP) is a competitive program which provides grants to local governmental entities for acquisition and development of land for public outdoor recreation use or to construct recreational trails. If an acquisition project receives a FRDAP grant, the applicant must develop the acquired site for public outdoor recreation use within three (3) years. FDEP Parks and Open Space. Under Florida Forever, the Florida Communities Trust (FCT) Parks and Open Space grant program is a state land acquisition grant program that provides funding to local governments and eligible nonprofit environmental organizations for acquisition of community-based parks, open spaces and greenways that further outdoor recreation and natural resource protection needs identified in local government comprehensive plans. Funding is prioritized for projects in low-income or otherwise disadvantaged communities and projects that provide areas for direct water access and water dependent facilities that are open to the public and offer public access by vessels to waters of the state, including boat ramps and associated parking and other support facilities. Also emphasized is the acquisition of lands for recreational trail systems. Florida Communities Trust. The Florida Communities Trust (FCT) is a Florida land acquisition grant program administered by the Florida Department of Environmental Protection (FDEP). Grants are awarded annually on a competitive basis to local governments and non-profit environmental organizations for community-based parks, open space and greenways. These projects must further outdoor recreation and natural resource protection needs identified in the local governments' Comprehensive Plans. Funds under this program are available to local governments on a cost -share basis, through a competitive statewide application ranking process. The FCT has been Indian River County's most frequent cost -share partner in the purchase of environmentally significant lands. Land and Water Conservation Fund Program. Administered by the Florida Department of Environmental Protection (FDEP) on behalf of the U.S. Department of the Interior, National Park Service (NPS), the Land and Water Conservation Fund (LWCF) is a competitive program that provides grants for acquiring or developing land for public outdoor recreational use. LWCF is a reimbursement grant program. If utilized for acquisition, the land must be purchased for outdoor recreation purposes. Grantees may have up to three (3) years to develop the property after purchase. Resilient Florida Grant Program. Administered by the FDEP, the Resilient Florida Grants were developed to effectively address the impacts of flooding and sea level rise that the State faces. Eligible applicants may receive funding assistance to analyze and plan for vulnerabilities, as well as implement projects for adaptation and mitigation. Projects must address the risks as identified in the entity's vulnerability assessment, which must meet the statutory requirements outlines in F.S. §380.093. Acquisitions do not necessarily have to be coastal, but must be for the protection of critical assets. 18 Revised: December 2023 239 Stan Mayfield Working Waterfronts. A Florida Forever Program, the Stan Mayfield Working Waterfronts (SMWW) grant program is administered by the Florida Communities Trust (FCT) and provides grant funds for the acquisition of interests in land for the restoration and preservation of working waterfronts directly used for the purposes of the commercial harvest of marine organisms or saltwater products by state -licensed commercial fishermen, aquaculturists, or business entities, including piers, wharves, docks, or other facilities operated to provide waterfront access to licensed commercial fishermen, aquaculturists, or business entities. SMWW grant funds may also be used for the acquisition of interests in land for exhibitions, demonstrations, educational venues, civic events, and other purposes that promote and educate the public about the economic, cultural, and historic heritage of Florida's traditional working waterfronts, including the marketing of the seafood and aquaculture industries. Florida Wildlife Corridor Act. Chapter 259.1055, F.S. describes the Florida Wildlife Corridor Act. This law was enacted in 2021 for the purpose of creating incentives for conservation ad sustainable development while sustaining and conserving the green infrastructure that is the foundation of the state's economy and quality of life. Coastal Partner Initiative (CPI) Grant. Administered by the FDEP, this funding was developed to protect and effectively manage Florida's coastal resources. This grant is funded through National Oceanic and Atmospheric Administration (NOAA) Coastal Zone Management Act funds available on a competitive basis to local government. Awards are limited to $60,000 for construction projects, habitat restoration, invasive exotic plant removal or land acquisition. The grant requires a 1:1 cash or in-kind match. Wetland Restoration and Protection Grant: Administered by the FDEP, this funding is available to local governments and non -state entities to protect or restore wetlands. To be eligible, proposed projects must have at least a 50% cost -share provided with non -state funds. FDEP gives priority to those projects that benefit fish and wildlife habitat, water quality, water storage, water conservation or flood attenuation. LOCAL FUNDING The Capital Improvement Element of the Indian River County Comprehensive Plan provides a summary of local financial resources, as well as state and federal sources. Covered in this section are ad valorem taxes, user fees and charges, special assessments, tourist development tax, mitigation funds, and borrowing (e.g., bonds). Ad Valorem Taxes. Ad valorem taxes are based on the appraised value of property. Such taxes are generally assessed in mills, thousandths of a dollar of assessed value. The State mandated millage cap is 10 mills per local government, excluding voted millages. The Board of County Commissioners' policies allow ad valorem tax revenues to be used for both operating and capital expenditures. 19 Revised: December 2023 240 User Fees and Charges. User fees and charges represent revenue received by the County for providing various general services. Those fees and charges allow the County to keep up with the increasing costs of services. An example of a user fee is a gate charge for recreational facility use. Tourist Development Tax. Any county may, subject to a vote, impose a Tourist Development Tax. Indian River County currently levies four cents of Tourist Development Tax. Per Florida Statute 125.0104, the first three cents of Tourist Tax collected can be used towards any of the allowable expenses within the statute which includes convention centers, sports stadiums, auditoriums, aquariums, zoos, tourism promotion, beach restoration, lagoon improvements, shoreline protection, enhancement and cleanup or infrastructure improvements. The fourth cent may only be used towards funding the debt service for professional sports franchise facilities, retained spring training franchise facilities, convention centers, the operation and maintenance of a convention center or tourism promotion. Indian River County Code, Section 210 provides further clarification regarding taxing districts, authorized uses of revenue, and local administration of the tax. Mitigation Funds. Policies in the Conservation Element of the County Comprehensive Plan allow, in certain circumstances, developers to mitigate impacts on environmentally significant lands by paying a "fee -in -lieu" instead of carrying out other mitigation methods, such as habitat creation, restoration, or preservation. As a result, a pool of funds is accumulating, specifically ear -marked for use to purchase or restore environmentally significant uplands and wetlands for the purpose of habitat conservation. The funds are intended for use to purchase or restore specific habitat types similar to those types adversely impacted by the development that warranted mitigation. Borrowing. In 1992, the voters of Indian River County approved an ad valorem tax bond of up to $26 million for the purchase of environmentally significant lands. In 2004, the voters of Indian River County approved an additional $50 million towards the purchase of environmental lands. The proceeds from both of these bonds have all been allocated. According to the County's bond counsel, these bond funds can be used for initial resource restoration and public access capital improvements in addition to land acquisition. The bond funds cannot, however, be used for ongoing maintenance costs or to pay for county personnel (i.e., staff salaries). On March 8, 2022 the BOCC approved Resolution 2022-16 calling for a Bond Referendum Election for the issuance of General Obligation Bonds to be used for the purchase of environmentally significant lands to restore the Indian River Lagoon, protect water resources, wildlife habitat, drinking water sources and natural areas, and construct public access improvements related thereto. PRIVATE GROUP/COOPERATIVE ACQUISITION In addition to state and local land acquisition funding opportunities, profit and nonprofit organizations with expertise in land acquisitions, such as the Trust for Public Land, The Conservation Fund, the Indian River Land Trust, Ducks Unlimited, and The Nature Conservancy 20 Revised: December 2023 241 provide opportunities to protect environmentally significant lands via a cooperative county -private group approach. The County, in its discretion, may cooperate and consult with private organizations regarding (a) the conduct of purchase negotiations with the owners of environmentally significant lands; (b) the opportunities for obtaining matching funding towards acquisition; and (c) the various procedures and processes associated with the acquisition and management of environmentally significant lands. Wherever there is the potential for matching funds from other agencies, it shall be the official policy of the County to follow and implement land acquisition procedures which are in harmony with the applicable federal agency, the State of Florida's Florida Forever Program, Save Our Rivers Program and Florida Communities Trust Program or other such funding sources to enhance opportunities for securing matching funding for the acquisition of environmentally significant lands, in the best interest of the citizens of Indian River County. 21 Revised: December 2023 242 CHAPTER V LAND ACQUISITION PROCESSES & PROCEDURES The purpose of this chapter is to provide guidance for a sequential procedure that the ELAP can follow, in coordination with county staff, to arrive at conclusions and make recommendations to the BOCC on land acquisition matters. The land acquisition review and recommendation process as set forth in this chapter is categorized into five phases. The first phase of the process involves an annual needs assessment, whereby land acquisition policy directives and objectives are reviewed and discussed. Also, in this phase, existing and potential funding sources are identified; the Environmental Lands Program Guide may be revised and adjusted in some cases depending on findings. The second phase entails a compilation of lands to be reviewed for acquisition consideration. The compilation of lands includes staff recommendations and other lands that may be nominated during a specific year. The third phase of the process is evaluation and prioritization of the lands identified for review, based on resource characteristics, proximity to greenways and wildlife corridors, financial/purchase opportunities, and management considerations. In this phase the County proposes to develop a GIS based Dashboard Web Application for use as a data repository and for project evaluation. In this phase, properties are evaluated for alternative protection methods (other than fee title acquisition). As a part of this phase, the ELAP will establish, amend or maintain its list of land acquisition projects. The fourth phase consists of staff developing work plans for projects on the ELAP acquisition list, including: identifying and applying for cost -share funding (subject to ELAP review and Board approval); scheduling and undertaking pre-acquisition tasks (e.g., obtaining appraisals); and negotiating purchase contracts (through and in coordination with the county's acquisition consultant). Using the proposed GIS based Dashboard Web Application the ELAP members will be able to review current site information, updated status of pending studies, appraisal information, and other acquisition related materials. Staff will provide a summary at each ELAP meeting as to the current status of each project on the ELAP acquisition list. Also, during this phase, staff and the acquisition consultant (and its associates) will draft conceptual management plans (for lands for which the County is proposed to have management responsibilities). The fifth phase consists of staff presenting negotiated purchase contracts to the ELAP for consideration and recommendations, and then to the BOCC for approval consideration at a duly advertised public hearing. Staff's presentations under this phase will include analyses and recommendations on funding and management (including drafted conceptual management plans, as applicable). In all cases, staff 22 Revised: December 2023 243 will advise the Board of ELAP's recommendations. In addition, however, the ELAP may delegate, as it deems warranted on a case-by-case basis, an ELAP member (or members) to present ELAP's recommendations (majority and/or minority reports) directly to the Board. Emergency acquisition procedures are addressed at the end of this chapter, pertaining to circumstances when the normal sequential procedure for land evaluation is not appropriate for a particular property due to immediate development threat and time constraints. The following is a flow chart depicting the land acquisition process and procedure; each phase is described in detail later in this chapter. Chart #1 Land Acquisition Processes/Procedures Phase 1: Review of Directives - Policy/Objective documents review - Fiscal year funding sources identified - Environmental Lands Program Guide evaluated Product: Guide revisions (as warranted) Phase 2: Compilation of Lands (approximately 2 months) - Application review & initial staff recommendations - Compilation of GIS based data and other resources to create the proposed project dashboard - Annual applications/presentations Product: List of proposed and existing projects Phase 3: Evaluation & Prioritization (approximately 3 months) - Resource characteristics - Alternate protection methods - Finance/purchase opportunities Product: Completed evaluation/prioritization matrices, ELAP prioritized acquisition list Phase 4: Work plans/Pre-acquisition Tasks/Negotiations - Identification of /application for cost -share funding - Appraisals and negotiations - Management planning Product: Project status summary reports, cost -share funding applications, appraisals, draft conceptual management plans, negotiated purchase option contracts 23 Revised: December 2023 244 Phase 5: Final Report/BOCC Recommendations - Acquisition/management/funding recommendations - ELAP report to BOCC (by staff and/or ELAP member delegate(s), as determined by the ELAP) Product: final report to BOCC (acquisition/funding/management recommendations) PHASE 1: Review of Directives The first phase of the land acquisition planning process, as applicable to the ELAP, is review and discussion of documents containing environmentally significant lands protection objectives, policies, and strategies. These documents include the ELP Guide, the Indian River County Comprehensive Plan (as may be amended), state and regional conservation land strategy reports, and municipal comprehensive plans. This review should occur in a timeframe to meet recommendation deadlines to the BOCC for fiscal year budgeting, as may be applicable. Moreover, this phase includes a general assessment and discussion of funding strategies, whereby general timetables are ultimately determined to carry out such strategies (reference Chapter IV, Funding/Financing). Review of policy documents should include discussion and analysis of specific policy directives. For example, policies of Conservation Objective 6 and other policies of the County Comprehensive Plan (summarized in the appendices of this Guide) are furthered by the conservation of environmentally significant lands. An assessment should result in answers to questions like the following: Do the policies of Conservation Objective 6 and other County Comprehensive Plan policies serve to satisfy the protection of environmentally significant lands? Do those policies need revision? What actions have occurred to date that contribute to the fulfillment of specific policy commitments? What, specifically, still needs to be done to further protection commitments? How much environmentally significant land, by habitat type, should be protected? The same type of questions should be asked and answered with regard to other policy documents as well, to set the stage for the coming fiscal year's focus and strategies. For example, the "Florida Forever Conservation Needs Assessment" report (Florida Natural Areas Inventory, 2022) provides a statewide GIS based dataset to inform the Florida Forever land acquisition program. The Conservation Needs Assessment data were developed to track the progress of the Florida Forever program in protecting natural resources through land acquisition. Each data layer corresponds directly to a goal and measure developed for the program by the Florida Forever Advisory Council. The primary use of these data layers is to generate statistics reported in new Florida Forever 24 Revised: December 2023 245 proposal assessments, and the Natural Resource Acquisition Progress Reports produced by FNAI each year. Conservation priorities in the database will be incorporated into the property evaluation documents. County staff will coordinate with the ELAP by gathering information on these subjects and reporting to the ELAP. During this phase, the ELP Guide shall be reviewed and revised, as appropriate. Data from these documents that will used as part of the site evaluation process will be incorporated into the proposed Dashboard Web Application. Funding/financing resource review should also occur periodically to assess the availability of funds. Chapter N, Funding/Financing, summarizes various funding opportunities. The funding/financing assessment involves ELAP consideration of funding availability as it affects acquisition planning. As mentioned earlier, depending on the funding strategy to be pursued, timeframes and deadlines are established in the first phase of planning to outline implementation steps. Once funding strategies are determined, county staff will periodically report to the ELAP with detailed information as to the status of funding as it affects acquisition and management timeframes and priorities. PHASE 2: Compilations of Lands for Review Once Phase 1 has been completed and the ELAP has determined general strategies to further program directives, the next phase is the compilation of specific properties to be reviewed and evaluated for resource protection consideration. The properties will consist of lands nominated by the general public or other agencies for land acquisition consideration. Each property will be screened by staff to ensure that minimum criteria for evaluation are met. These minimum criteria are detailed in "Minimum Criteria for ELAP Review" within the Appendices. The County will provide notification of ELAP meetings, agenda, and other related documents on the County's website. The County also will provide the public with notifications of milestones and announcements related to the land acquisition process on social media and public service announcements, as applicable. It is important, in order to maintain a systematic and manageable approach to land acquisition considerations, that the ELAP establish a procedure by which applications can be submitted to nominate properties for FLAP consideration. Following the initial application period, submittal shall be allowed at any time of the year. County staff shall assemble relevant parcel information and background data for consideration by the ELAP. Nominations shall be ranked by the ELAP twice per year, on a schedule approved by the BOCC. Application forms shall be available both online, as well as at a designated location at the County Administration Complex. A copy of the application is included in the appendix of this Guide, for reference. Applications submitted shall be reviewed and evaluated, in accordance with the criteria 25 Revised: December 2023 246 set forth in the following "Phase 3" section of this Guide, over the twelve-month period following the submittal deadline. PHASE 3: Evaluation/Prioritization Once the group of properties to be reviewed for land acquisition consideration has been compiled (reference Phase 2), the next step is evaluation and prioritization of the list of properties. The ELAP shall use the information provided on nomination applications, as well as supplemental information provided by staff, to conduct a ranking of the identified properties. Staff will request assistance from state and federal agencies, as applicable, in assessing the characteristics of a given property. Moreover, field visits for ELAP members shall be scheduled by staff to aid in the evaluation process. Factors to be considered in evaluating properties have been separated into two general categories: qualitative characteristics and purchase/management factors. The proposed GIS based Dashboard shall assimilate all of these factors for each property so that a central repository for acquisition information is available to staff, the ELAP, and the BOCC. Using this information, an Evaluation/Prioritization Matrix shall be completed for each property, resulting in an assigned score whereby the higher the score, the higher the ranking of the property for purchase consideration. As the Matrix has been developed, a "perfect score" equals 1000 points. The following is a summary of factors to be considered in determining a property's point assignment for each of the ten Matrix evaluation issues. Oualitative factors are used to evaluate lands by their physical characteristics as well as ecological value, and compatibility with resource protection goals. The five qualitative factors to be considered in applying the Evaluation/Prioritization Matrix are listed below, along with a brief explanation for each. Natural Community Evaluation (#1): A property that supports an assemblage of natural communities, and has not been invaded by invasives or significantly altered by man - induced activities is expected to have a higher ecological value. Included within this review are the following: • Areal extent of natural lands vs. disturbed lands; lands that have been significantly altered or are heavily invaded by non-native vegetation and wildlife would be expected to be of lower ecological value • Biodiversity refers to the variety of living species including plants, animals, bacteria and fungi. Each of these species and organisms work together in an ecosystem to maintain balance and support life. The evaluation of projects would include an assessment of both observed and potential species in order to provide an overall perspective on the biodiversity support for a project area. Items included in this portion of the review include the extent of a particular community type within Indian River County; the areal extent of this 26 Revised: December 2023 247 community type within existing conservation lands; FNAI (or other recognized standard) conservation status, species diversity, and the presence of endemic and/or protected species. Potential Habitat Value (#2): A property that provides important habitat to wildlife and plant species is desirable for protection. Included within this review are the following: • Recorded occurrences of state and federally protected species • Number of endemic species present (if any) • Species usage — are there roosting, loafing, nesting and breeding areas on site, or are migratory species using the site • Recorded number of desirable species present — higher biodiversity may be indicative of higher habitat value Contribution to a "Wildlife Corridor" or "Greenway" (0): Lands that are proximate to other lands with complementary habitat, thus contributing to a larger wildlife "ecosystem" are of higher value (in most cases) than isolated, inaccessible natural areas. In evaluating this criterion, thought must be given to potential user species. For example, a small "island" of xeric scrub may actually contribute to a series of xeric scrub islands in the region that are valuable habitat for scrub jays, due to their flight capabilities and living habits. Conversely, a species with an expansive home range requires larger, interconnected tracts in order to meet all of their life history needs. This criterion considers also whether the land contributes to conservation priorities identified in the "Florida Forever Conservation Needs Assessment," which is a database of information used to track the progress of protecting natural resources through land acquisition. Additionally, the lands that would provide a link to the Florida Wildlife Corridor, or to a "greenway" as recognized by the County or established by the Florida Greenways Commission should receive consideration for their ability to link valuable resources. Landscape Value (#4): this evaluation criteria will address a property's value relative to the surrounding resources, including an assessment of the following: • Proximity of project to existing protected areas and/or wildlife corridors — projects adjacent to other conservation lands or wildlife corridors would be viewed, in most cases, as having a higher value for acquisition. • Adjacent land uses — projects in proximity to highly developed or highly altered lands are more likely to have a reduced value in the landscape. • Project area size — in many cases smaller project areas may be of insufficient size to provide sustainable or manageable habitat, or may not meet the needs of species with specific habitat requirements. 27 Revised: December 2023 248 • Fragmentation of natural areas — projects that have primarily natural communities and are contiguous and contain intact ecotones and buffers would be considered to have a higher value for conservation. • Water resource considerations — projects that provide a benefit to basin/watershed resources would receive a higher conservation value. These considerations may include: groundwater recharge; contribution to long-term basin/watershed maintenance and sustainability; filtration and/or buffering for downstream waters; and floodplain conveyance and storage. • Resiliency & sustainability assessment — these criteria will evaluate whether a project site will be resilient and sustainable considering issues associated with climate change. The assessment should consider both existing conditions, as well as whether the project area allows for enhancement to increase potential resiliency and sustainability. • Objective 6 "Upland Vegetation Communities" identifies the following natural habitats as lands that should be considered for protection as part of various land acquisition or protection processes: • Coastal Strand • Coastal/Tropical Hammock • Xeric Scrub • Upland Hardwood Hammock • Pine Flatwoods • Dry Prairie A property's contribution to furthering the policies of Conservation Objective 6 and other policies of the County Comprehensive Plan should receive higher consideration. The policies of Conservation Objective 6 and other applicable policies of the Comprehensive Plan are provided in the appendices of this guide. Recreational & Educational Value (#5): Using this criterion, property that provides an opportunity for environmentally significant land protection and also has potential for multiple use (compatible with protection) will receive higher scores in this category. Project assessment would include: • Whether the natural community structure or location provides extensive opportunities for passive recreation such as walking trails, wildlife viewing, picnicking, or other low intensity uses by the public. • Whether the structure of the site provides opportunities for a variety of educational programming related to ecology, conservation, responsible stewardship, and other important environmental issues. 28 Revised: December 2023 249 • Whether the project area and natural communities provide opportunities for volunteerism and/or potential for scientific research by academic institutions, students, non-governmental agencies, or agency personnel. Purchase/management factors come into play when a property is being ranked among others for purposes of acquisition priority. In simplest terms, the goal in the land acquisition is to get the "most for your money" in pursuing fulfillment of environmentally significant land protection objectives. Following are the five purchase / management financial factors to be considered in applying the Evaluation/Prioritization Matrix. Purchase Need vs. Other Protection Methods (#6): Chapter III of the Guide summarizes various protection strategies that can be utilized to protect environmentally significant lands. As set forth in the Guide policy, outright purchase of property should be a last alternative approach. In cases where purchase is the best alternative, a property would be rated high in this category. Alternatives consideration involves a review of protection methods other than land acquisition, as summarized in Chapter III. Since the main objective of the ELAP is the protection of environmentally significant lands, each alternative must be closely scrutinized in its ability to fulfill the protection objective, relating to the specific resource characteristics of a given site. In deciding the pluses and minuses of each protection alternative, the consequences of each protection scenario must be thought out. For example, a "no action" approach on a property with zoning and land use designations that allow single-family residential development at 6 units per acre may potentially result in total elimination of natural resource values. A conservation easement approach, however, may partially preserve the native plant community on site, while not contributing to wildlife habitat needs. Depending on the resource at hand, outright land acquisition may or may not be the necessary alternative. Vulnerability (#7): The threat of conversion of environmentally sensitive lands is a factor from the standpoint of immediacy. The location of a property, its configuration, and existing natural resources should be evaluated to assess whether there is a high likelihood that the lands could be converted to residential, commercial or agricultural uses. When comparing two equally significant resource properties, the property with the most immediate threat of development should be given a higher priority. Additionally, existing regulatory restrictions must be considered in the evaluation process. These regulatory processes would include zoning restrictions that may be in place, as well as other measures such as costly mitigation measures that would be required if a project site were to be developed or otherwise converted. Land Management Constraints (#8): With very few exceptions, natural communities in Florida require some level of management. Many of Florida's natural communities are fire adapted, meaning that the health and integrity of these systems relies on periodic natural or prescribed fires. Additionally, because of the warm climate and abundant rainfall in 29 Revised: December 2023 250 Florida, nuisance and invasive species proliferate here, and are a constant threat to the ecological balance within conservation lands. Land management constraints include: • Adjacent land uses — whether adjacent land uses restrict the effective management or restoration of a project (i.e. implementation of a fire management plan, or limitations on the ability to restore wetland hydroperiods) • Extent of invasion by invasive species — treatment and management of invasive species is a long-term commitment. The evaluation of properties should consider the level of effort to eradicate and manage invasive species. In addition, the type of invasive vegetation should be understood - Category I and Category II species are considered more highly invasive, and pose a higher level of threat to natural communities. • Restoration costs and associated long-term management — properties that have a high ecological value and require minimal restoration and long-term management costs should receive a higher evaluation score. Additionally, a project site that is contiguous with other compatible natural areas management (preferably other conservation lands) may be able to develop a cooperative management strategy benefitting both properties. • Resiliency and sustainability considerations — the evaluation of the project should consider whether climate change may affect the long-term management of the natural areas, or whether there is likely to be a loss or conversion of habitat. • Site protection and security — the evaluation should consider whether the adjacent land uses or site configuration would facilitate vandalism, ATV damage, poaching, or other unauthorized site activities. • Debris and waste — the evaluation should consider the extent of buried or dumped debris, especially hazardous wastes. Cooperative Acquisition Potential & Grant Opportunities (#9): Properties that other agencies have interest in cost sharing with regard to purchase are a better value than properties that must be solely purchased by the local government. Additionally, properties whereby funding grants can be obtained for purchase are a plus. Favorable Market Conditions (#10): A landowner's willingness to sell, as well as market conditions that favor a land purchase which is considered a "good deal," come into play when comparing a number of properties for purchase. Other factors to consider in the category are the existence of leases, easements, or other encumbrances; the number of property owners (fewer owners may result in expedited negotiations); the size of the parcels 30 Revised: December 2023 251 (large tracts under common ownership are easier to acquire and manage in many cases); and whether the condition of the parcels is consistent with future conservation uses. Phase 3 of the land acquisition procedures is complete when each property under review for purchase consideration has been evaluated for each of the referenced criteria, using the Evaluation/ Prioritization Matrix (a copy of which is in the Appendices). The Matrix has "weighting multipliers" for each of the ten criteria, which give certain factors more importance than others for purposes of prioritization. Ultimately, each property is given a total weighted score and grouped accordingly. Property grouping will consist of county staff calculating a point total for each property, which will be reported to the ELAP and modified as necessary based on review and consensus. The properties will then be placed into a Tiered system for work in Phase 4. Tier 1 properties will be grouped as the first priority in development of work plans and pre-acquisition negotiations. By grouping the properties into Tiers, is in the intent to work on all properties in a Tier concurrently thereby reducing delays by focusing on the highest to lowest valued sites individually. PHASE 4: Work Plans/Pre-Acquisition Tasks/Nezotiations It is anticipated that phases 1-3 will have resulted in the elimination of some of the originally reviewed properties from acquisition consideration. The next step is a re -assessment of the three Tiers to include any additional properties that have been submitted and evaluated, and then the ELAP will present to the Board a revised summary of the acquisition parcels for the Board to review and approve. Properties that have been grouped into a Tier on the ELAP's acquisition documents can be considered for removal from consideration during the re-evaluation process, and at no other time (unless purchased), or if 60 -days' notice is given to the property owner and to the ELAP prior to the discussion for project removal. Properties recommended and removed from the Acquisition List by the ELAP shall be reported by county planning staff to the BOCC. Prior to submittal to the Board of any proposal for the purchase of any property listed on the ELAP Acquisition List, County staff and the acquisition consultant shall complete its due diligence investigation and review of the proposed purchase terms. Due diligence investigation and review shall include, without limitation, independently conducted appraisals and, prior to closing of Board approved purchases, title searches and commitments, surveys, environmental assessments and any other items deemed necessary by County staff in connection with the proposed acquisition. County staff shall provide to the ELAP, within the confines of confidentiality requirements, data obtained from the investigation for review prior to submittal of the Board agenda item, to assist the ELAP in preparing its recommendations to the Board. The due diligence investigation and review shall be consistent with (i) Chapters 125 and 286, Florida Statutes, and (ii) if applicable for certain cooperative projects, Chapter 253, Florida Statutes and the procedures of the Division of State Lands ("DSL"), Bureau of Appraisals and Bureau of Survey and Mapping of the Department of Environmental Protection (the "Bureau") and shall at minimum include: 31 Revised: December 2023 252 (a) with respect to environmental assessments, the assessments must meet the standards and requirements established by the County and required by any applicable County Ordinance or regulation, or DSL. For purposes of Cooperative Projects with the State, the assessments must meet the standards and requirements of DSL. The person(s) conducting any assessments shall be competent, licensed professional(s) or County assigned personnel, and any reports must be certified to the County and/or cooperating agency; (b) with respect to surveys, all surveys must meet the minimum technical standards and requirements of the Florida Board of Professional Land Surveyors and include acreage determinations, boundary stakes, preparation of legal description, boundary maps and state plane coordinates, or DSL standards. For purposes of Cooperative Projects with the State, the surveys must meet the standards and requirements of the Bureau. ADDraisal Reauirements; Annroved Aunraised Value. Appraisals of property to be acquired by the County will comply with and be reviewed in accordance with this section. Techniques and methods used by fee appraisers, for appraisal reports and reviews, shall substantially comply with the Uniform Standards of Professional Appraisal Practice as defined under Chapter 475, F.S. For property to be acquired jointly with another public agency, staff may elect to follow the appraisal procedures of that public agency, to the extent those procedures differ from those contained in this section. Staff and the acquisition consultant will provide to the fee appraisers a title report, a survey or appraisal map, a specification of the right to be acquired, a list of items, if any, considered to be non -compensable, and any supplemental appraisal requirements that apply. Items required to be submitted to the fee appraisers may be modified, or eliminated, if staff determines they are unnecessary to obtain an appraisal sufficient to protect the public interest under the requirements of this section. Appraisal reports will be accompanied by a sales history of the parcel for at least the prior five years. The sales history will list those parties to each transaction involving the subject parcel as well as the consideration paid, with the amount of consideration verified, if possible. At least one appraisal will be required for each property purchased for an amount of less than $500,000. At least two appraisals will be required by each property purchased for an amount of $500,000 or greater. When two appraisals are required under this section and they differ significantly, staff will request that the fee appraisers review the differences in their reports to attempt to rectify their value conclusions in order to bring the appraisals within an acceptable divergence. If the fee appraisers cannot so rectify their values, a third appraisal may be obtained. Two appraisals will be considered to differ significantly if the higher of the two values exceeds the lower value by at least 20%. The County Administrator may decide not to obtain a third appraisal if they decide to attempt to negotiate an acquisition price of no more than 120% of the lower of the two appraisals. For purposes of this section, "approved appraised value" means the maximum amount in dollars which may be paid to a seller in accordance with the procedures herein. The approved appraised 32 Revised: December 2023 253 value is not intended to be used as a negotiating value, or target price, but merely an upper limit. The approved appraised value for negotiation will be as follows: (a) The appraised value approved for negotiation will be the value indicated in a single approved appraisal if only one appraisal is required. If two appraisals are obtained and approved when only one is required, the approved appraised value will be the higher of the appraisals, regardless of their divergence. (b) If two appraisals are required and their values do not differ significantly (i.e. less than 20%), the approved appraised value for negotiation will be the higher value indicated in the two approved appraisals. (c) If a third appraisal is obtained and approved, the approved appraised value will be the value of the higher of the two closest appraisals, as long as the two closest appraisals do not differ significantly. If the two closest appraisals differ significantly, 120% of the lower of the two closest appraisals will be the approved appraised value. Staff may obtain a review appraisal when such a review would be required or desired by a joint acquisition partner; when two appraisals reflect significantly different assumptions, analyses, conclusions or comparable sales which appear to affect the opinions of value; or when the County Administrator determines that County consideration of the acquisition would be benefited by the obtaining of such a review. Negotiations Owner contact, whether pre -negotiation or negotiation, will be through staff or the County's authorized representative; all offers and counteroffers will be in writing. Staff and the acquisition consultant will formulate a negotiation strategy for each acquisition of property prior to the commencement negotiations. The objective of all purchase negotiations shall be to obtain the appropriate interest in land, without encumbrances or other restrictions that render the land unsuitable for the management goals for which it is sought to be acquired, at the lowest possible price. In the course of negotiations, staff and/or the acquisition consultant will discuss the advantages of a donation or bargain sale, including the potential for a seller to claim a federal income tax deduction or other advantageous tax treatment. As an incentive for sellers to sell (or donate) property at a discount (below the approved appraised value), it shall be the County's policy to verify a discounted purchase price and to provide other pertinent information, as applicable, on a seller's appropriate federal income tax form, if so requested by the seller. When negotiating the purchase of properties that include wetlands or potential state-owned sovereignty lands, staff and the acquisition consultant will discuss with the seller the benefits of obtaining a safe upland line survey, as opposed to a mean high water or ordinary high-water survey. In its negotiations, staff will consider the benefit to the owner of receiving cash. As early as possible in the negotiations, staff will notify the landowner in writing that final purchase approval is subject to affirmative action by the Board, and of the governing body or other 33 Revised: December 2023 254 appropriate authority of any cooperating acquisition agency. When the landowner is represented by an agent or broker, negotiations may not be initiated or continued with the agent until a written statement signed by the landowner verifying the agent's legal or fiduciary relationship with the owner is on file with the County. During the course of negotiations, a property may be given an "inactive status" if no landowner (or landowner agent) contact has occurred for 6 months or more due to lack of response on the part of the landowner(s). When the ELAP designates a property as "inactive," staff will notify the landowner that no further County action or negotiations will occur unless initiated by the landowner. The landowner will also be advised that in the meantime the County will continue to actively negotiate the purchase of other properties, and the longer the landowner waits, the less likely that funds will be available for County purchase of his or her property. The maximum price to be paid for an acquisition will be the approved appraised value. Notwithstanding, in accordance with Section 253.025 (1)(b) If the agreed purchase price exceeds the average appraised price of the two appraisals, the governing body is required to approve the purchase by an extraordinary vote. The governing body may, by ordinary vote, exempt a purchase in an amount of $100,000 or less from the requirement for an appraisal. Conceptual Management Plan Once County staff and the acquisition consultant negotiate terms of a purchase option contract, staff and the acquisition consultant (and its associates) will develop a conceptual management plan consistent with Chapter VI of the ELP Guide. The conceptual management plan will be drafted in accordance with cost -share partner criteria, as applicable, and will be presented to the ELAP and to the BOCC for consideration in conjunction with ELAP and Board consideration of purchase option contracts. Resolution 22-016 requires that public access improvements and ecological restoration and management are included as part of the acquisition cost for conservation lands. The management plan will provide a summary of these costs so that the BOCC may review this information as part of their consideration of properties to acquire. PHASE 5: Final Report and Recommendations; Confidentiality To the extent consistent with applicable confidentiality requirements, once the appraisals have been conducted and negotiations have commenced, staff will regularly report the status of negotiations to the ELAP. The ELAP will review the status of negotiations and may recommend revisions to work plans and make recommendations for acquisition to the BOCC. Confidentiality of Appraisals, Offers and Counteroffers. (1) When required by County cost -share acquisition partners, appraisal reports, offers and counteroffers, prepared or received in accordance with the County's acquisition of property, are confidential and exempt from the provisions of Section 119.07, F.S., until an option contract is executed or, if no option contract is executed, until 30 days before a 34 Revised: December 2023 255 purchase instrument is considered for approval by the Board. However, staff may disclose appraisal reports or other confidential information to public agency or nonprofit joint acquisition partners where the agency or partner has committed to joint acquisition with the County, and all individuals who will be privy to confidential information have signed a confidentiality pledge acceptable to staff. In certain circumstances, the County may opt not to exercise confidentiality of appraisals and negotiations, when it does not conflict with cost -share partner requirements (i.e., "pre -acquisitions" or non -partner acquisitions) and when it is in the County's interest. The County may release an appraisal report when the passage of time has rendered the conclusions of value in the report invalid, or when the County has terminated negotiations. However, once appraisals have been made public, they will not again be used as appraisals approved for acquisition by the County. (2) Appraisals, including any review appraisal, may be submitted to the ELAP for its review, but only in conjunction with ELAP consideration of a contract negotiated by the County and executed by the seller. Under this circumstance, appraisals and reviews will be made public at the time of their submittal to the ELAP, provided the timing is such that a purchase instrument for the property is scheduled for Board approval consideration within 30 days, as heretofore explained, unless precluded by the cost -share partner. The ELAP's recommendation for project acquisition is presented to the County Commission at a duly advertised public hearing, along with a staff assessment report, conceptual management plan and the appraised value at the next available Commission meeting. Once an option contract has been executed by the seller and the ELAP has made a recommendation on whether the County should or should not purchase a property at the negotiated purchase price, the matter will be presented to the BOCC, including a report of the ELAP's recommendations for the Board's consideration. If the project proposal does not receive the necessary votes for acquisition by the Commission, then the application will be eliminated from consideration, unless re -nominated in the next fiscal year review cycle or unless there is direction from the County Commission to continue consideration. With regard to properties approved for acquisition by the BOCC, county staff shall work with the applicable landowner in finalizing transactions. Project proposals approved by the Commission for inclusion into the Indian River County Parks, Recreation and Conservation system shall be forwarded to the Public Works Department and the Planning Division for input during the development of public access improvements and restoration for conservation areas. If a project proposal is co-sponsored by another agency in cooperation with Indian River County, that agency shall be notified of the action taken by the County Commission. If the County Commission votes for project acquisition, then the County and the participating agency shall negotiate the acquisition price. The management responsibility of the project shall also be negotiated. 35 Revised: December 2023 256 State Law All real property acquisitions shall comply with the provisions of state law including, but not limited to, those imposed by Chapter 125 and Chapter 286, Florida Statutes. In addition to the special requirements of Section 125.37, Florida Statutes, relating to exchanges of County property, the requirements imposed by this Guide shall apply to the property being received by the County in any exchange. Purchase Negotiations with Profit and Nonprofit Organizations (a) Authorization. The Board may authorize a profit or nonprofit organization as defined in section 501 (c)(3) of the Internal Revenue Code, to negotiate with the owners of qualified lands hereunder, to determine specific terms upon which an owner would be willing to sell said land. When negotiations terminate, a copy of the organization's negotiation file shall be provided to the County. (b) Acquisition Documents. The organization may obtain an option to purchase and offer the results of its negotiations to the County together with a transfer of the option to purchase after recommendation for purchase of the land by the ELAP. (c) Non -Exclusive Authority. This authorization to negotiate is non-exclusive and shall not preclude an owner of land from negotiating with the County or other third party if he or she so chooses. (d) Nonagency. In no event shall this Guide, the authorization herein, or an organization's negotiations create an agency relationship, express or implied, between an organization and the County. The County shall not be bound to any person or entity to approve or consummate any purchase, or exercise any option to purchase, as a result of the organization's negotiations, or any other act or omission of the organization involving any land, unless and until approved by formal action of the Board. Any transaction shall be subject to implementation upon approved documents and in accordance with County policies. Emergency Acuuisition While it is most desirable to plan for all land acquisition in accordance with the procedures set forth in this guide, it is recognized that under some circumstances such planning is not possible. Emergency situations occur which may require expeditious actions that will not permit the expenditure of time required in the normal planning and review process; it is administratively desirable to bring such matters to the County Commission's attention in a short timeframe. Before any action can take place, an emergency acquisition situation must be declared. This may be an independent ELAP decision, a directive from the BOCC, or a joint determination by the ELAP and the appropriate local, state or federal agency. An emergency can be declared only if at least one of the following conditions exists: 36 Revised: December 2023 257 -- Critical habitat or natural resources not on the priority list are identified as being under an unforeseen immediate threat of destruction or damage. -- Previously identified habitat or natural resources listed on the priority list are under immediate and unforeseen threat. -- An immediate opportunity exists for cost -share purchase of critical habitat or natural resources in conjunction with another agency. The following steps must be followed to obtain the County Commission's approval in a defined emergency situation: -- Staff shall develop a justification report for the action, including an environmental assessment, (a brief discussion of important impacts will suffice). -- Applicable local, state or federal agencies that may have participated in an acquisition study or in funding relating to the property shall be contacted. -- The Chairperson of the ELAP, through the ELAP Liaison, shall call a meeting for the purpose of reviewing the problem on no less than 48 hours' notice, and, on the affirmative vote of a majority of the ELAP members voting with a quorum present, the ELAP Liaison shall advise staff to prepare a County Commission agenda item with ELAP recommendations pertaining to the matter. If the emergency acquisition review is initiated via a directive from the BOCC, the ELAP shall, in all cases, report to the Board with recommendations (within a time -frame specified by the Board, as applicable). 37 Revised: December 2023 258 CHAPTER VI LAND MANAGEMENT Acquisition of lands for conservation purposes requires a commitment to long-term land management. Historically, the habitats we enjoy today were maintained and transformed by natural cycles of fire, weather and flowing waters. Habitat fragmentation by roads, development and other human disturbances creates challenges for land managers. As a result, the primary focus when undertaking land management is restoring and maintaining, to the extent feasible, the natural processes that influence the function and species composition of our diverse natural communities. Examples of land management activities include: securing property boundaries, implementing prescribed fires, removing invasive plants and animals, restoring hydrological cycles, re -vegetation of barren areas, and creating public access trails. Restoration and management of acquired conservation lands is a key aspect of the County Environmental Lands Program. In this chapter, the process for developing and implementing a land management plan is outlined. Additionally, the potential funding opportunities to assist the County with implementation of management plans is presented in this section. The development and implementation of an effective land management plan is the responsibility of the Conservation Lands Manager. This position is supported in these efforts by Conservation Lands Program field crews and other supporting staff. The Parks and Recreation Division and other County Department also provide support for land management planning and implementation. The following narrative provides a summary of the conservation land management process. Management Planning Development of conceptual management plans for acquired conservation lands is important to layout site-specific management needs, strategies, costs and timelines for each conservation area. Cost -share agencies such as the Florida Communities Trust require the County to develop management plans prior to closing joint purchases or, for pre -acquisitions, prior to cost -share funding reimbursement. Management plans for properties acquired with cost -share partners, which accounts for most acquisitions, must be written in accordance with cost-sharing agency guidelines. A land management plan generally is broken down into three components: (1) a Resource Management Component; (2) a Land Use Component; and (3) an Implementation Component. These three elements are interrelated, meaning in this case that each component overlaps or is dependent upon the actions of the others. The Resource Management Component provides a detailed inventory and assessment of the natural and resources of a conservation tract. Resource management needs and issues are identified, and measurable management objectives are established for each of the conservation area's management goals and resource types. This component provides guidance on the application of such measures 38 Revised: December 2023 WN as prescribed burning, invasive species removal, imperiled species management, and restoration of natural conditions. The Land Use Component is the recreational resource allocation plan for the conservation area. Measurable objectives are established to address factors such as access, population, adjacent land uses, the natural resources of the property, current public uses, and existing amenities or other development. Each of the factors should be provided consideration when determining the ultimate allocation of space within the conservation areas. These objectives consider the appropriateness of the potential use of each area, and propose the types of resource-based recreation and associated facilities and programs to be provided. For conservation lands, it is required that these intended uses are in harmony with the overarching resource management component described above. The Implementation Component consolidates the measurable objectives and actions for each of the property's management goals. A schedule for implementation of actions, and cost estimates are included for each objective and action. Included in this table are (1) measures that will be used to evaluate the County's implementation progress, (2) timeframes for completing actions and objectives and (3) estimated costs to complete each action and objective. The implementation component addresses the administrative goals, and reports on the County's progress toward achieving resource management, operational and capital improvement goals and objectives for each conservation area. This component also compiles the management goals, objectives and actions expressed in the separate parts of this management plan for easy review. All development and resource alteration proposed in these management plans are subject to the granting of appropriate permits, easements, licenses, and other required legal instruments. Approval of the management plan does not constitute an exemption from complying with the appropriate local, state or federal agencies. County staff and the County's Environmental Lands Program consultant (and its associates) are responsible for developing management plans. Staff will present management plans to the ELAP for review and recommendations, and then to the County Commission for final approval. County staff and/or a designated ELAP representative shall report ELAP recommendations on management plans to the County Commission when the Commission considers the plans for approval. Management Implementation Management of conservation lands is the responsibility of the Conservation Lands Program. This program consists of a Conservation Lands Manager assisted currently by 4 staff. Two of these staff members are field employees. The Conservation Lands Program has the assistance, when needed, of the County Parks Maintenance Division. The Parks Maintenance Division is staffed currently by 27 field employees and manages all units in the park system. Volunteer support to help provide public access, interpretive and educational activities, and resource management assistance is encouraged and coordinated by the Conservation Lands Manager. Local high school and collegiate science clubs, members of the Eugenia Chapter of the Native Plant Society, the Pelican Island Audubon Society, the Environmental Learning Center, the 39 Revised: December 2023 260 Florida Oceanographic Society, the Clean Water Coalition, Indian River County Historical Society and other organized groups and individuals may provide valuable assistance in operation, interpretation and resource enhancement activities of conservation lands. The Parks Division may employ contract labor, as needed, for resource management tasks and public access improvements. Resource management activities are the responsibility of the Conservation Lands Manager. County staff, contract labor and volunteer labor will undertake tasks such as invasive plant removal and restoration of native vegetation. Assistance for resource management projects may be coordinated agencies such as the Indian River Mosquito Control District, The Florida Fish and Wildlife Conservation Commission (FWC), the U.S. Fish and Wildlife Service and the St. Johns River Water Management District. Assistance with prescribed fire management planning and prescribed burning will be sought from the Florida Forest Service. The Conservation Lands Manager will also seek cost -share funding for management tasks by applying for cost -share grants through such programs as the Florida Inland Navigation District Waterways Assistance Program; the Florida Greenways and Trails Program; the Florida Recreation and Development Assistance Program (FRDAP); the FWC Invasive Upland Plant Removal Program; the Indian River Lagoon National Estuary Program, and other potential sources. Progress Reporting The Conservation Manager drafts annual stewardship reports for those conservation areas with cost -share acquisition partners that require annual reporting (i.e., the FCT). Each stewardship report includes a review of provisions of the conservation area management plan and serves to update the resource inventories for each property. In addition to resource enhancement and protection, development of public facilities is another component of the management of conservation lands. Conceptual management plans include details concerning the need and function of various public access improvements, such as boardwalks, restrooms, trails, and picnicking areas. The progress of these improvements, including the design, permitting and construction milestones, is reported on a percent -complete basis. After facilities are developed, the Conservation Lands Manager estimates annual visitation and includes a summary of use of the project site by organized groups in annual stewardship reports. Annual stewardship reports will serve to update conservation area management plans. Management plans may be updated to address specific planned and unplanned events. Changes, if any, in the management regime or the conceptual development scheme described in the plans will be explained in detail in the annual stewardship reports. KEY MANAGEMENT ACTIVITIES The following list summarizes key management activities typical to conservation areas, in priority order. Each conservation area management plan includes a tentative timeline for management activities. The timing of management activities is subject to adjustment, as scheduling depends on Revised: December 2023 261 the availability of funding, staffing and inter -governmental assistance for the management of project sites. 1. Install boundary fencing (optional, depending on site-specific characteristics). 2. Complete a land use map based on Florida Natural Areas Inventory (FNAI) classifications and priorities 3. Inventory plant and animal species. 4. Develop invasive plant removal and revegetation plan. 5. Identify other restoration/enhancement needs (e.g. hydrologic improvements) 6. Identify opportunities and seek funding for natural community enhancement efforts. 7. Initiate public access design planning. 8. Layout and create a trail network for public access, where appropriate. 9. Initiate invasive vegetation plant removal. 10. Implement continuous follow-up treatment program for invasive plants. 11. Develop mechanical fuel reduction/prescribed fire management plans (for scrub communities). 12. Begin fuel reduction and fire management activities (for scrub communities). 13. Initiate any permitting required for construction of public access improvements. 14. Contract reconnaissance level cultural resources survey (on sites suspected to have cultural resources) 15. Construct and begin maintenance of public facilities. Boundary Fence (Optional Perimeter fencing serves to define conservation area boundaries and prevent, in some circumstances, yard encroachments from adjacent landowners. Perimeter fences also serve to control public access and deter uses detrimental to resource conservation (e.g., off-road vehicles). The need for fence lines along entire perimeters of conservation lands varies with site conditions. For example, it may not be necessary to install fence lines along boundaries with wetlands or other natural impediments that limit uncontrolled access. Relatively low-cost agriculture "field fence" (wooden posts and wire -mesh without barbed wire) is typically used vs. other fence types. In certain cases, fencing of another design may be warranted (i.e., wooden privacy fence or chain-link fence) due to adjacent land uses, subject to County Commission approval. Land Use Mappine & Plant and Animal Inventory During the first year after acquisition of a conservation property by Indian River County, County staff will complete reconnaissance of each property to produce a land use map of the natural communities and other features of the site (e.g. disturbed lands, structures, etc.). Concurrent with this mapping, staff will develop a comprehensive plant and animal species list. Information gathered by these surveys will guide further resource management planning and the design processes for public facilities. The plant and animal inventory ensure maximum protection of native biota on a site under management by the County. Protected species will be located and mapped 41 Revised: December 2023 262 during these surveys. Information obtained from the survey will be used in the design of public facilities to minimize impacts to protected species. Nuisance & Invasive Vegetation Manaaement Within one year of acquisition of a conservation area, Indian River County will develop a comprehensive plan and schedule for removing nuisance and invasive vegetation from the conservation lands. The invasive plant control plan will also include a re -treatment and maintenance component to guide continuous monitoring and herbicide application, mechanical, and/or manual treatment of volunteer plants. Control of nuisance and invasive vegetation will be on-going, as the establishment of new species and re -colonization of treated species is an ever- present threat. Mechanical Treatment and Fire Management Sand pine scrub, xeric oak scrub, mesic pine flatwoods and scrubby flatwoods are "fire -adapted" plant communities whereby endemic flora and fauna of these communities benefit from periodic burns. In most cases on acquired conservation lands, fire has been suppressed for many years due to development pressures fragmenting large areas, and the response of fire crews to extinguish fires that threaten developed lands. As a result, habitats in these plant communities are not optimal and "fuel loading" occurs, which increases the severity and danger of uncontrollable wildfire. Fire is an important function of these areas and is necessary to keep them ecologically healthy and safe. Restoration of "natural" fire regimes in these fire -adapted communities is a management priority under the County's Environmental Lands Program. The primary management tool for scrub and scrubby flatwoods communities will be the introduction of prescribed bums, with the assistance of the Florida Forest Service. Buildup of duff (leaf litter) and increases in the height and density of vegetation contributes significantly to uncontrollable fires, and typically results in a reduction in species diversity (and corresponding potential habitat). Prior to the reintroduction of fire, mechanical fuel reduction (through roller chopping, canopy thinning, or shredding understory vegetation) measures may be necessary to maintain control of prescribed fires. In addition, it is likely that defensible space (firebreaks and harrow lines) will be developed to provide a measure of confidence that fire can be controlled when it is reintroduced. Cultural Resources Surve On conservation lands suspected to support cultural resources, a Level I cultural resource survey will be conducted prior to construction of public access improvements. This survey is also required in the event that public access improvements require issuance of an Environmental Resource Permit (ERP) from the State for construction. If recommended by the Level I Survey report, site-specific surveys by qualified archaeologists will be conducted during the design of public access facilities. The collection of artifacts or the disturbance of archaeological and historical sites at a conservation area will be prohibited without authorization from the Department of State, Division of Historical Resources. Appropriate protective measures will be taken in the event cultural sites are discovered on a property in the future. Management of cultural resources will be coordinated with the Division of Historical Resources. 42 Revised: December 2023 263 Public Access Facilities Conservation of natural resources is the primary objective of the County Environmental Lands Program. A secondary objective is public access for passive recreational use that is compatible with resource conservation. For most of the land acquisitions under the program, the County is committed to providing public access improvements as a condition of a cost -share acquisition grant (e.g., FCT grant awards). Notwithstanding grant award conditions, public access to conservation lands serves the County's own objective of providing passive recreational opportunities for citizens of the Indian River County. Public access facilities typically planned for County conservation lands include: low -intensity parking areas; kiosks and education sign displays; nature trails; boardwalks; and overlooks. Other improvements, depending on property location, size and anticipated use, may include: restrooms; pavilions; picnic areas; outdoor classrooms; canoe landings; or boat docks. Public access facilities will be designed to minimize impacts to native flora and fauna. In most cases, construction of public access facilities will occur only after initial resource management tasks are completed (e.g., timber harvesting, prescribed bums), to prevent reduce management and use activity conflicts. Management plans for each conservation area will include tentative timelines for design and construction of public access improvements. Those timelines, however, will be subject to revision, depending on the availability of funding from the environmental lands bond fund, from the County Conservation Lands budget as approved by the County Commission, from cost -share grants, or other funding sources (as described in the following section of this Guide). COST/FUNDING Resource Management and Development Cost Estimates Management plans for each conservation area include preliminary cost estimates for resource management and public access improvements, based on current market costs (at the time of management plan drafting) and estimated quantities for resource management and public access improvements outlined in the plans. The estimates assume that the County will augment the County staff tasked with resource management with private contractors on an as -needed basis. These costs may be significantly reduced by seeking grant funding or by the use of volunteer labor to accomplish the work, where appropriate. Some adjustments in preliminary cost estimates may be necessary as more detailed plans are developed. Over time, market conditions and prevailing rates of inflation in the general economy may act to increase or decrease actual costs for contract services and construction. Funding Sources Several sources of funding are available for management and development of conservation lands. Funding from the County environmental lands bond fund may be used to provide for initial resource management improvements and initial public access capital improvements. County mitigation 43 Revised: December 2023 264 accounts for upland and wetland enhancement projects may also be applied. The County's tree removal violation fines account is a third source of funds for resource management activities. Operations, staffing and development funds are annually budgeted by the County Conservation Lands Program, subject to County Commission approval. Matching funds may be obtained through various grant programs, and from donations of cash, materials or labor by local businesses and citizens. 44 Revised: December 2023 265 APPENDICES A. Glossary B. Environmental Land Acquisition Parcel Nomination Form C. County Resolution No. 2022-016 D. I.R.C. Comprehensive Plan Policy Excerpts E. ELAP Evaluation/Prioritization Matrix F. Minimum Criteria for ELAP Property Review 45 Revised: December 2023 266 A. GLOSSARY: Acronyms, Definitions and Terms ACRONYMS ARC Florida Forever Program Acquisition and Restoration Council ATV All -Terrain Vehicle CARL Conservation and Recreational Lands CELCP Coastal and Estuarine Land Conservation Program CPI Coastal Partner Initiative DOI Department of Interior DSL Division of State Lands ELAP Environmental Lands Acquisition Panel ELP Environmental Lands Program FCT Florida Community Trust FDEP Florida Department of Environmental Protection FNAI Florida Natural Areas Inventory FRDAP Florida Recreation Development Assistance Program FRDAP Florida Recreation Development Assistance Program FWS US Fish & Wildlife Service GIS Geographical Information System IRL Indian River Lagoon IRLNEP Indian River Lagoon National Estuary Program LWCF Land and Water Conservation Fund NAWCA North American Wetlands Conservation Act NOAA National Oceanic and Atmospheric Administration NPS National Park Service SJRWMD St. John's River Water Management District SMWW Stan Mayfield Working Waterfront SOR Save our Rivers WMD Water Management Districts DEFINITIONS AND TERMS The following terms and definitions are to aid in interpreting this manual. Acquisition Consultant. A consultant retained by the County to provide services to implement the County's environmental lands acquisition program in coordination with the Indian River County 46 Revised: December 2023 267 Environmental Lands Acquisition Panel (ELAP) and County staff. This involves contacting the property owner(s), identifying cost -share opportunities, selecting appraisers, reviewing appraisals, developing an acquisition strategy, and negotiating the sale. Once negotiations have been successfully concluded and an option contract executed, other pre-acquisition activities, such as selecting surveyors, conducting surveys, managing environmental assessments, developing management plans, and others, are undertaken. In conjunction with county staff, the acquisition consultant will undertake and manage the above referenced activities. Acquisition Study. A compilation of facts, data and information which will support a recommendation by the ELAP to the County Commission for a land acquisition decision. A proposal for the Florida Forever Program, or other comprehensive land acquisition process may serve as an acquisition study. Due Diligence. Investigation and review of property prior to acquisition, including, without limitation, independently conducted appraisals, title searches and commitments, survey, environmental assessment and any other items deemed necessary by County staff in connection with a proposed acquisition. Important Resource Problem. An issue of substantial environmental concern found within Indian River County. The ELAP selects and establishes priority ranking for important resource problems. Interest. A right, claim, or legal share in land such as lease, easement, fee title, water rights, mineral rights, and use reservation. Environmentally Endangered Lands. Environmentally unique and irreplaceable lands that are valued ecological resources. The Florida Forever Program Acquisition and Restoration Council (ARC) identifies the following goals, performance measures and criteria for selecting Environmentally Endangered Lands: Goal A: Enhance the coordination and completion of land acquisition projects Goal B: Increase the protection of Florida's biodiversity at the species, natural community, and landscape levels Goal C: Protect, restore, and maintain the quality and natural functions of land, water and wetland systems of the state Goal D: Ensure that sufficient quantities of water are available to meet the current and future needs of natural systems and the citizenry of the state Goal E: Increase natural resource-based public recreation or educational opportunities Goal F: Preserve significant archaeological or historic sites Goal G: Increase the amount of forestland available for sustainable management of natural resources Goal H: Increase the amount of open space available, in urban areas Goal I: Mitigate the effects of natural disasters and floods in developed areas 47 Revised: December 2023 268 Environmentally Important Lands. Policy 6.11 of the Conservation Element of the Indian River County 2030 Comprehensive Plan states "Undeveloped tracts of xeric scrub and coastal/tropical hammocks 5 acres or larger shall be deemed environmentally important, in recognition of their scarcity and natural values, and in recognition of the public interest in encouraging the conservation of plants and animals associated with these vegetation communities. The county shall encourage the conservation of xeric scrub and coastal/tropical vegetative communities by establishing density transfer and cluster development incentive land use regulations to apply to these environmentally important areas." Environmentally Sensitive Lands. Policy 5.4 of the Conservation Element of the Indian River County 2030 Comprehensive Plan states "In recognition of the many natural functions and values of estuarine wetlands, and in recognition of the need to protect these resources from incompatible land uses for the sake of the public interest, all estuarine wetlands habitats shall be deemed environmentally sensitive and designated C-2, Estuarine Wetlands Conservation, on the comprehensive plan future land use map. Consistent with Future Land Use Policy 1.31, the specific boundaries of estuarine wetlands and the C-2 designation shall be determined on a site -by -site wetland survey basis." Environmentally Significant Lands. Lands with natural features that warrant conservation and protection in the public interest. The term includes those lands defined herein as "environmentally endangered", "environmentally important", and "environmentally sensitive." 'Environmentally significant lands" also include: native plant communities which are not necessarily endangered but are pristine and representative of the community type; and, altered ecosystems with reasonable potential for restoration to correct environmental damage that has occurred. Florida Forever Act. Legislation (259.105, F.S.) adopted by the State in 1999, creating a 10 -year, $3 billion land and water conservation program, succeeding the 10 -year Preservation 2000 program that was established in 1990. Pursuant to 259.105(4), F.S., the Florida Forever Acquisition and Restoration Council shall pursue projects that contribute to the achievement of the following goals: (1) Enhance the coordination and completion of land acquisition projects (2) Increase the protection of Florida's biodiversity at the species, natural community, and landscape levels (3) Protect, restore, and maintain the quality and natural functions of land, water, and wetland systems of the state (4) Ensure that sufficient quantities of water are available to meet the current and future needs of natural systems and the citizens of the state (5) Increase natural resource-based public recreational and educational opportunities (6) Preserve significant archaeological or historic sites (7) Increase the amount of forestland available for sustainable management of natural resources 48 Revised: December 2023 269 (8) Increase the amount of open space available in urban areas (9) Mitigate the effects of natural disasters and floods in developed areas Florida Wildlife Corridor Act. Chapter 259.1055, F.S. describes the Florida Wildlife Corridor Act. This law was enacted in 2021 for the purpose of creating incentives for conservation ad sustainable development while sustaining and conserving the green infrastructure that is the foundation of the state's economy and quality of life. The Act seeks to: (1) maintain wildlife access to habitats needed to allow for migration of and genetic exchange amongst regional wildlife populations (2) prevent fragmentation of wildlife habitats (3) protect the headwaters of major watersheds (4) provide ecological connectivity of the lands needed for flood and sea -level rise resiliency and large-scale ecosystem function, such as water management and prescribed burns essential for land management and restoration (5) preserve and protect land and waters that are not only vital to wildlife but are critical to this state's groundwater recharge and that serve as watersheds that provide drinking water to most Floridians and help maintain the health of downstream estuaries (6) providing for wildlife crossings for the protection and safety of wildlife and the traveling public (7) help to sustain this state's working ranches, farms, and forests that provide compatible wildlife habitats while sustaining rural prosperity and agricultural production Greenway. A corridor of protected open space that is managed for conservation and/or recreation. Greenways associated with water bodies may interchangeably be referred to as "blue ways." Inactive Status. A designation given to sites on the ELAP Acquisition List when no landowner contact has occurred for 6 months or more due to lack of response on the part of the landowner(s). When a site is designated as inactive, generally no further County action or negotiations will occur unless initiated by the landowner. Indian River County Environmental Lands Program Guide. This document, adopted by the BOCC, serves as the ELP Guide. Interest. A right, claim, or legal share in land such as lease, easement, fee title, water rights, mineral rights, and use reservation. 49 Revised: December 2023 270 Land Acquisition. The gaining of rights to real property in the form of fee simple title, easement or lease. This can be accomplished by direct purchase; exchange; transfer; donations; or by cooperative agreement, including condemnation. Natural Community. Identify, acquire and protect those natural communities that are inadequately represented within existing protected lands, or represent the best examples of natural communities with priority given to the most endangered or threatened. To ensure consistency of natural community descriptions, the Florida Natural Areas Inventory Classification (FNAl) System, as amended by the Office of Natural Resource Management will be used as the standard. Objective. An end toward which concerted effort is directed. It is a precise statement of purpose (preferably sufficiently detailed so as to be measurable), including at least two of the following elements: time limit (when it must be accomplished); standard of performance (percentage, amount or dollars) or criterion of measurement (test, questions, opinion or observation). Policy: Indian River County will acquire lands consistent with the resource conservation goals, objectives, policies, and guidelines as set forth in the County's 2030 Comprehensive Plan, the Environmental Bond Referendum, the ELP Guide (as ratified by the BOCC), enabling legislation, administrative rules and executed declarations. Program Memorandum. A document issued by the ELAP providing short term (usually for one or two years) guidance and direction on actions aimed at meeting a program objective. Work Plan. Flexible timeline that sets forth goals for the schedule and plan of pre-acquisition due diligence for projects. 50 Revised: December 2023 271 B. ENVIRONMENTAL LAND ACQUISITION PARCEL NOMINATION FORM •�1, ENVIRONMENTAL LAND ACQUISITION / PARCEL NOMINATION FORM Indian River County Board of County Commissioners Resolution 2022-16 authorized a Bond Referendum to be placed on the November 8, 2022 ballot. The resulting Environmental Bond Referendum approved by the voters was established with the goal to acquire lands to "protect water resources, the Indian River Lagoon, Natural Areas, wildlife habitat, drinking water resources, and to construct public access improvements" on acquired properties for the use and enjoyment of the residents of Indian River County. NOMINATING PARTY CONTACT INFORMATION Date Submitted: Name of Party Submitting: Affiliation: Address: Phone: Email: OWNER CONTACT INFORMATION Name: Parcel ID#: Property Address: Mailing Address: Phone: Email: PROPERTY INFORMATION The criteria described in the Resolution outlines the focus of the land acquisition objectives. Please describe the property's value in terms of protection of water resources,, the Indian River Lagoon, Natural Areas, wildlife habitat, and drinking water resources. Provide additional attachments as needed. Please provide a description of notable features, existing improvements, structures, and opportunities for public access. Provide additional attachments as needed. Indicate the type of acquisition anticipated (e.g. fee simple, conservation easement, donation, etc.), and provide any additional information on the value of the property for acquisition. map snowingn a ano any aaamonal Information are optional. This form, together with all submitted information accompanying the form, will be revie wed by County staff to determine If the criteria for natural resource value has been demonstrated. If criteria are met and the property owner is willing to donate, sell or provide a conservation easement for the property, additional Information will be required. Questions? Contact the Conservation lands Division at (772) 2261791. Please return the completed form and additional information to conservationg0indianriver.gov or to the attention of: Wendy Swindell, Indian River County Intergenerational Center, 1590 Oslo Road, Vero Beach, Fl 32962. 51 Revised: December 2023 272 Appendix C: Resolution No. 2022-016 RESOLUTION NO. 2022- 016 NON Ihaft No.2 2/23/22 262.14 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CALLING A BOND REFERENDUM ELECTION FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS; PROVIDING THE FORM OF THE BALLOT TITLE AND THE BOND. REFERENDUM! QUESTION; PROVIDING FOR PLACES OF VOTING, PRINTING OF BALLOTS AND BOND REFERENDUM ELI�CTION PROCEDUM PROVIDING FOR EFFECT OF REFERENDUM RESULTS; PROVIDING FOR A GENERALi DESCRIPTION OF THE PROJECTS TO BE FUNDED BY THE BONDS ISSUED PURSUANT TO THE BOND REFERENDUM; PROVIDING AUTHORIZATION FOR NECESSARY ACTION; PROVIDING FOR SEVERABILITY; AND PROVIDNG FOR AN EFFECTIVE DATE. WHEREAS, on August 18, 1992, the Indian River County Board of County Commissioners ("Board") adopted Resolution No. 92-146, calling for a bond referendum, as more specifically set forth in the resolution; and WHEREAS, on November 3, 1992, Indian River County, Florida (the "County") conducted a bond referendum that was approved ley a majority of the voters voting thereon, concerning whether the County should be authorized to acquire environmentally significant land to protect water quality, open spaces and wildlife hai itat, by issuing one or series of general obligation bonds (collectively, the "1992 Bonds"), as more specifically set forth in the referendum question; and WHEREAS, on June 22, 2004, the Board adopted Resolution No. 2004-062, calling for a new bond referendum, as more specifically set forth in the resolution; and WHEREAS, on November 2, 2004, the County conducted a bond referemlum that was approved by a majority of the voters voting thereon, concerning whether the County should be authorized to acquire environmentally significant land to protect water quality, open spaces and wildlife habitat, by issuing one or more series of generalobligation bonds (collectively, the "2004 Bonds"), as more specifically set forth in the.referendum question; and WHEREAS, the proceeds of the 1992 Bondi and .2004 Bands have all been allocated to purchase lands; and WHEREAS, the Board desires to call for a new referendum on a new land acquisition bond question to allow for the acquisition of environmentally significant lands to restore the Indian River Lagoon, protect water resources, drinking water sources, wildlife habitat and natural areas, and construct public access improvements related thereto; and 273 Appendix C: Resolution No. 2022-016 WHEREAS, it is in the best interest of the citizens of the County that all appropriate actions be taken to allow for the acquisition of environmentally significant lands to restore the Indian River Lagoon, protect water resources, wildlife habitat, drinking water sources and natural areas, and construct public access improvements related thereto; and NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the authority granted to the County by Chapter 125 and Chapter 100, Florida Statutes, and other applicable provisions of law. SECTION 2. BOND REFERENDUM ELECTION. A bond referendum election of the qualified electors residing in the County is hereby called to be held in Indian River County, Florida during the general election on November 8, 2022 (the "2022 Referendum"), and the Supervisor of Elections shall cause to be placed on the ballot for the November 8, 2022 general election, the bond referendum question set forth in Section 3 of this Resolution. All qualified electors residing in the County shall be entitled and permitted to vote in such bond referendum election. SECTION 3. OFFICIAL BALLOT. The form of ballot to be used shall be in substantially the following form: OFFICIAL BALLOT COUNTY OF INDIAN RIVER, FLORIDA BOND REFERENDUM ELECTION — NOVEMBER 8, 2022 ACQUIRE LANDS TO PROTECT WATER RESOURCES, THE INDIAN RIVER LAGOON, NATURAL AREAS, AND WILDLIFE HABITAT To acquire and permanently preserve environmentally significant lands to restore the Indian River Lagoon, protect water resources, natural areas, wildlife habitat, drinking water resources, and construct public access improvements related thereto, shall Indian River County be authorized to issue general obligation bonds up to $50,000,000, maturing within 20 years from each issuance, not exceeding the legal maximum interest rate, payable from ad valorem taxes, with full public disclosure of all spending through annual independent audits? For Bonds Against Bonds SECTION 4. PLACE OF VOTING. Thei places of voting and the inspectors and clerks for the polling places for the bond referendum election shall be the same places and persons as for the general election to be held on the same date. The polls will be open in accordance with law relating to general elections at the various voting places from seven (7) o'clock a.m. until seven (7) o'clock p.m. on the same day. 274 Appendix C: Resolution No. 2022-016 SECTION: 5, ABSENTEE VOTING. The form of ballot to be used in the election. for. absentee voters dealt be substantially the form provided in Section 3 above. SECTION 6. PRINTING OF BALLOTS., The Supervisor of Elections of Indian River County is authorized and directed to have printed ort plain white paper a sufficient number of the: aforesaid ballots for use of absentee electors entitled'to cast such ballots in such bond election and shall also have printer sample ballots and deliver them to the inspectors and clerks on or Axfore the opening of the polls for such bond election for the voting places; and, further, --b midwrized and directed to make appropriate arrangements for the conduct of the election at the polling places specified. SECTION 7. BOND REFERENDUM ELECTION PROCEDURE. The Supervisor of Elections shall hold, administer and conduct tate bond referendum election in the manner prescribed by law for holding elections in Indian River County. Returns shall show the number of qualified electors who voted at such bond referendum election on the proposition and the number of votes cast respectively for and against approval of the bond referendum proposition. The returns shall be canvassed in accordance with law. SECTION S. BOND REFERENDUM EIF.CTION RESULTS: If a majority of the . votes cast at such bond referendum election in respect to the bond referendum proposition shall be "For Bonds," such proposition shall be approved and then the particular bonds, the issiance of which shall be thereby approved, shall be issued as hereafter provided by the County. If a majority of the votes cast at such referendum shall be "Against Bonds," such proposition- shall be defeated and no bonds may be issued and no ad valorem tax shall be levied therefor. SECTION 9. NOTICE OF BOND REFERENDUM ELECTION. Notice of the bond referendum election shall be. published in the manner required by law. SECTION 10. AUTHORIZING NECESSARY ACTION. The Board hereby authorizes the proper officials to do all things deemed necessary in connection with the holding of the bond referendum election, to the extent provided by law and in this Resolution. SECTION 11. AUTHORIZATION OF, BONDS. Subject to and pursuant to the provisions hereof, one or more series of general obligation bonds of Indian River County, Florida are authorized to be issued, from time to time, in an aggregate principal amount not exceeding $50,000,000 and maturing not later than twenty (20) : years from the date of issuance of each respective series, to finance the cost of the purposes generally describe in Section 13 of this Resolution ("Bonds"), including allocations for administrative costs, legal fees, fees of fiscal agents, and all other costs associated with the issuance of the Bonds, payable from ad valorem taxes levied on all taxable property in the County, if approved by the qualified electors, to finance the cost of the acquisition of environmentally significant lands to restore the Indian River Lagoon, protect water resources, drinking water sources, wildlife habitat. and natural areas, and construct public access improvements related thereto, all in Indian River County. Such Bonds shall bear interest at such rate or rates not exceeding the maxximum rate permitted by law at the time of the sale of the Bonds. 3 275. Appendix C: Resolution No. 2022-016 SECTION 12. BOARD COMMITMENTS ASSOCIATED WMAME BONDS. 1. The Board hereby commits to do the .following if the 2022 Referendum is approved by the voters: A. Seek matching funds in connection with the acquisition of the Projects (as defined below) to the maximum extent such matching funds are available, B. Make specific provisions fob annual independent audit of the uses of the proceeds of the Bonds. 2. The Board hereby commits to revise the Environmental Lands Program Guide to provide criteria and guidelines for the purposes of the Projects prior to the 2022 Referendum. SECTION 13. PROJECTS. For purposes of the 2422 Referendum and the Bonds, "Projects" means the acquisition by the County of environmentally significant lands to restore the Indian River Lagoon, protect water resources and/or drinking water sources, wildlife habitat and natural areas, by purchasing permanent interestsfii lands to accomplish the same, including, but not limited to, fee simple interest, less than fee simple interest, conservation easements, and the acquisition of other similar interests in lands to restore the Indian River Lagoon and protect water resources and/or drinking water sources, wildlife habitat and natural areas, and to construct public access improvements such as parking facilities; restroom facilities, trails and other such infrastructure in connection therewith, together with the necessary initial preservation, restoration and remediation activities to preserve and protect such property, (e.g. exotic removal, fire remediation) including customary and necessary costs and expenses incurred in the acquisition of any such lands and all expenses incident to the sale, issuance and delivery of the Bonds, all as shall be more specifically determined by subsequent 'resolution of the County. SECTION 14. SEVERABILITY. In the event that any word, phrase, clause, sentence, or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence, or paragraph hereof SECTION 15. EFFECTIVE DATE. Tlus;Resolution shall take effect immediately upon its adoption. The Clerk of the Board of County Cbmmissioners shall provide the Supervisor of Elections with a certified copy of this Resolution. =4 276 Appendix C: Resolution No. 2022-016 RESOLUTION NO. 2022- 016 This Resolution was moved for adoption by Commissioner Susan Adams and the motion was seconded by Commissioner Laura Moss and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan AYE Vice Chairman Joe Earman AYE Commissioner Susan Adams Xyz Commissioner Joseph E. Flescher NAY _ Commissioner Laura Moss AYE The Chairman thereupon declared this Resolution duly passed and adopted this 8th day of March, 2022. INDIAN RIVER COUNTY, FLORIDA, by its Board of County Commissioners N.•� ATTEST: ,rrj�t:� •• .moo. By: By: De uty Clerk Peter D. O'Bryan, Chairman yo.• Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney E BOCC Approved: March 8, 2022 277 Appendix D: IRC Comprehensive Plan Policy Excerpts INDIAN RIVER COUNTY 2030 COMPREHENSIVE PLAN GOALS, OBJECTIVES AND POLICIES (that are served by or relate to the County Environmental Lands Program) CHAPTER 2 - FUTURE LAND USE ELEMENT OBJECTIVE 1: Compact, Energy Efficient, Low -Density Development Indian River County will have a compact and energy efficient land use pattern; an overall low density character; and adequate land for utility facilities necessary to support development. By 2030, the overall residential density of the unincorporated portions of Indian River County, within the Urban Service Area, will be 1.75 units/acre. Policy 1.8: C-2 and C-3 designated lands shall be considered for public acquisition. OBJECTIVE 7: Protection of Natural Resources By 2015, there will be at least 108,500 acres of environmentally important land under federal, state, or county ownership or control within the unincorporated portion of Indian River County. In 2007, there were 105,186 acres of conservation land in public ownership. Policy 7.3: The County shall provide protection to environmentally sensitive lands through land development regulations that limit building densities, require mitigation for impacted areas, permit the transfer of development rights, and promote the use of conservation easements, dedications, and public acquisition. Policy 7.10: Through the use of fee simple purchase, transfer of development rights, and conservation easements, Indian River County shall coordinate with other state, federal and local agencies to identify and protect vegetative communities identified in Conservation Element policies 6.1 through 6.7. OBJECTIVE 16: Protection of the Indian River Lagoon Through 2030, the portion of the Indian River Lagoon within unincorporated Indian River County will be have a class II state water quality rating. Polio: Indian River County shall continue to provide technical, monetary and political support to conservation programs aimed at land acquisition on the barrier island and in other coastal conservation areas. OBJECTIVE 17: Coastal Population Control Through 2030, the county will have no increase in land use designation density or intensity within the Coastal High Hazard Area. Policy 17.2: The county shall support programs of land acquisition on the barrier island for natural resource preservation, recreation or both. 278 Appendix D: IRC Comprehensive Plan Policy Excerpts CHAPTER 8 - CONSERVATION ELEMENT The purpose of the Conservation Element is to identify the natural resources in Indian River County, to analyze natural resource issues and problems, and to establish applicable goals, objectives, and policies. OBJECTIVE 5: Wetlands Through 2020, there will be no net loss of the natural functions and values of wetlands or deepwater habitats in Indian River County. Policy 5.8: Consistent with Policy 8.1 of the Coastal Management Element, Indian River County will participate in the Indian River Lagoon `Blueways" Conservation and Recreation Lands (CARL) project to acquire important undeveloped estuarine wetlands bordering the IRL by providing local funding assistance, and by providing "in-kind" services, such as identifying environmentally -sensitive parcels. OBJECTIVE 6: Upland Vegetation Communities Using 2008 conservation land acreage as a baseline, Indian River County shall, by 2020, preserve a minimum of 500 additional acres of upland native plant communities to sustain viable populations of native plant and animal species and protect representative stands of each habitat type in Indian River County. The additional acreage shall be preserved through the establishment of conservation easements and/or fee simple acquisition. Policy 6.1: The county shall continue to assist regional, state and federal agencies in the establishment of regional preserves for sand pine/xeric scrub, tropical/coastal hammock, and coastal strand, pine flatwood, and dry prairie vegetative communities by identifying lands eligible for acquisition, and by providing local cost -share funding. These preserves shall be of a sufficient size to function as "wildlife corridors" in order to maintain viable populations of endemic plant and/or animal species. Policy 6.2: Using 2008 conservation land acreage as a baseline, the county shall, by 2015, restore and manage or assist in the restoration and management of, a minimum of 100 acres of xeric scrub vegetation, in coordination with the U.S. Fish and Wildlife Service (FWS) and the Florida Fish and Wildlife Conservation Commission (FWC), to ensure that use and management of the property is compatible with the maintenance of viable populations of endemic plants and/or animal species. The following sites shall be included: the North Sebastian Conservation Area Addition; the Cypress Bend Community Preserve; and the Sand Lakes Conservation Area. Policy 63: The county shall, assist the FDEP and USFWS in the management of publicly owned coastal/tropical hammock and coastal strand conservation lands on the northern portion of Orchid island by providing in-kind" services. Policy 6.4: The county shall continue to review its environmental land acquisition guide on a regular basis, and shall update the guide as deemed appropriate. a. The land acquisition guide shall include factors to be considered to assess and prioritize acquisition proposals, such as: 279 Appendix D: IRC Comprehensive Plan Policy Excerpts 1. resource values/physical features, such as proximity and value to other resources, recreational trail systems and greenways; 2. environmental values, such as lands verified or expected to support rare, endangered, or threatened species; 3. water quality protection, such as whether or not such lands buffer natural surface waters or preserve aquifer recharge areas; 4. management considerations, such as feasible multiple public use of the property, compatible with resource conservation; 5. financial considerations, such as funding availability; 6. market considerations; 7. social and economic values, such as historic preservation, environmental education, recreation, and scenic aspects; 8. agricultural protection, such as the preservation of active agricultural use lands through the acquisition of agricultural conservation easements; and 9. the need for acquisition to protect the natural community where appropriate protection cannot be afforded by land development regulations. b. The land acquisition guide shall identify methods of land acquisition to be considered that may be appropriate, depending on any given proposal, including purchase, donation, exchange, installment sale, and use of intermediaries (e.g. Natural Conservancy). Land acquisition shall be considered only after all "non -acquisition" options for environmentally sensitive or environmentally important lands protection have been explored and rejected as inappropriate, including easements, rental (lease), withdrawal (public domain), zoning, acquisition by other entities, cooperative agreement, permit restrictions, administrative regulation, and "no action". Policy 6.9: The county shall, continue to protect all significant groupings of the following vegetative communities: xeric scrub, coastal strand, and coastal/tropical hammock. These native upland vegetative communities shall be preserved and protected through fee simple acquisition, the establishment of conservation easements under LDR Chapter 929 - Upland Habitat Protection, and by enforcing LDR Chapter 927 - Tree Protection and Land Clearing. Polices The county shall prioritize the following pine flatwood/dry prairie communities for acquisition: • Flatwoods/dry prairie communities associated with the St. Sebastian River Buffer Preserve; • Flatwoods/dry prairie communities in southwest Indian River County, identified by the Florida Fish and Wildlife Conservation Commission (FEC) and Treasure Coast Regional Planning Council (TCRPC) as potentially contributing to a regional "wildlife corridor"; and • Flatwood/dry prairie communities complementary to riverine wetlands and other natural systems which contribute to upland wildlife species diversity. OBJECTIVE 7: Wildlife and Marine Habitat Through 2025, there will be no reduction in the critical habitat of endangered or threatened aquatic and terrestrial species of flora and fauna occurring in Indian River County. For the purpose of this 280 Appendix D: IRC Comprehensive Plan Policy Excerpts objective, "critical habitat" is defined as the minimum required sum of environmental conditions in a specific area necessary to sustain a given species. The protection of critical habitat shall be measured and evaluated on a site development basis. Policy 7.1: As set forth in the policies of Objective 1 of the Coastal Management Element, the county shall conserve, appropriately use and protect non -threatened, non -endangered fisheries, wildlife, wildlife habitat and marine habitat (e.g. seagrass beds). Policy 7.2: The protection of critical habitat shall be measured and evaluated on a site development basis. For developments on property known to support endangered or threatened species of plants or animals, or on property expected to significantly contribute to such species' habitat needs, the developer shall be required to notify the appropriate regional, state and federal agencies and provide proper protection to the maximum extent feasible. Policy 7.3: The county shall take measures, as set forth in the policies of Objective 5 and Objective 6 of this element, to protect significant upland, wetland and deepwater communities that provide habitat for threatened or endangered species, as well as non -threatened, non -endangered species. Policy 7.11 The county shall take actions recommended by the Committee for a Sustainable Treasure Coast to sustain quality natural systems in Indian River County, including use of land acquisition, development cluster requirements, conservation easements, transfer of development rights and mitigation banks to conserve natural systems. OBJECTIVE 8: Recreational Uses of Natural Resources Using 2008 recreational and open space land acreage as a baseline, the county, by 2020 shall increase, by a minimum of 500 acres, the amount of recreational and open space land accessible to the public for resource-based passive recreation, compatible with natural resource conservation. Policy 8.1: As set forth in Objective 6 of the Recreation and Open Space Element, the county shall take measures to provide sufficient resource-based parks, access, and outdoor recreational opportunities for the residents of Indian River County. These measures shall include developing public access improvements on county -acquired beachfront and riverfront conservation lands. Policy 8.6: Consistent with Conservation Policy 6.4, the county, in evaluating lands to be acquired for conservation purposes, will give priority to those lands that create new or enhanced greenways and recreational trail systems. OBJECTIVE 12: Natural Resource Management By 2020, the county's conservation lands shall be restored to viable ecological condition and improved for compatible passive recreational public access. Policy 12.1: The county, in cooperation with the State Division of Forestry, U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife Conservation Commission, will conduct prescribed burns on a rotational basis at the Wabasso Scrub Conservation Area, the North Sebastian Conservation Area, and other county -owned scrub habitat. Policy 12.2: By 2010, the county shall adopt an interagency management agreement on implementation of the Sebastian Area -wide Florida Scrub jay Habitat Conservation Plan. 281 Appendix D: IRC Comprehensive Plan Policy Excerpts Policy 12.3: By 2010, the county shall enter into a written inter -local agreement with the City of Vero Beach regarding management of the Prange Islands Conservation Area. Policy 12.4: For land tracts acquired through the Environmental Lands Program, the county shall require a site-specific management plan be adopted within one year of acquisition. Such management plans shall be subject to the review and recommendations of the County Conservation Lands Advisory Committee (CLAC). The County will, where feasible, construct public access improvements within two years of the management plan adoption. Policy 12.5: The county shall solicit grants from regional, state and federal agencies to supplement management funds for acquired lands. Funding will be used for the following purposes: 1. restoration and enhancement of impacted wetland and upland areas; 2. establishment and/or improvement of public access; 3. promotion of environmental education/awareness; 4. eradication of nuisance exotic vegetation; 5. posting of signage and boundary markers; and 6. prescribed burning on scrub lands. Policy 12.6: County staff shall attend meetings concerning land acquisition and management issues for lands owned and managed by the SJRWMD, FDEP and the USFWS. Policy 12.7: Suitable lands acquired under the Environmental Lands Program will be opened to the public for passive recreation. Passive recreation shall include the following: hiking, environmental education, fishing, and wildlife viewing. Policy 12.9: By 2010, the county will establish a dedicated funding source for ongoing management of county -owned and managed environmental lands. Policy 12.11: The county shall coordinate with federal, state and local agencies, as well as nonprofit organizations, in acquiring and managing natural areas and open space. CHAPTER 9 - COASTAL MANAGEMENT ELEMENT OBJECTIVE 1: Natural Resource Protection Through 2020, there will be no significant reductions in the overall amount of terrestrial and marine resources within the coastal zone of Indian River County compared to 2009 baseline data. Policy 1.8: As set forth in the policies and objectives of the Conservation Element, the county shall protect and preserve significant coastal vegetative communities, such as coastal (maritime) hammocks and coastal strand, through conservation easements and fee simple acquisition. Policy 1.9: Consistent with Policy 6.1 of the Conservation Element, the county shall continue to assist the USFWS and the FDEP in acquiring undeveloped tracts of tropical/coastal hammock and coastal strand by identifying lands eligible for acquisition, evaluating local cost -share funding, and by providing "in-kind" services, such as land management. Policy 1.14: The county shall use the following tools to preserve natural systems and wildlife 282 Appendix D: IRC Comprehensive Plan Policy Excerpts corridors in the county: • land acquisition • conservation easements • development clustering requirements • transfer of development rights • mitigation banks OBJECTIVE 8: Public Access By 2012, the number of public access points to natural resources within the coastal zone of Indian River County, including beaches, the St. Sebastian River, and the shoreline of the Indian River Lagoon, will be increased by a minimum of five public access points. Policy 8.1: Indian River County will participate in the Florida Forever Acquisition and Restoration Council (ARC) program to acquire the remaining undeveloped estuarine wetlands bordering the IRL by providing local funding assistance, and by providing "in-kind" services, such as identifying environmentally -sensitive parcels. Policy 8.2: Indian River County shall accept donations of shoreline lands suitable to increase public coastal access, provided this acceptance is in the best interest of the county. Policy 87: The county will increase passive recreational opportunities on lands acquired through the county's Environmental Lands Program as set forth in Objective 12 of the Conservation Element and the objectives and policies contained in the Recreation and Open Space Element. OBJECTIVE 11: Limit Densities in the Coastal High Hazard Area (CHHA) Through 2030, there will be no increase in the density of land use within the Coastal High Hazard Area. Policy 11.1: Lands acquired by the county under its Environmental Lands Program shall include property located within the Hurricane Vulnerability Zone (HVZ). This land shall be used for either natural resource conservation, passive recreation or both. CHAPTER 3D - NATURAL GROUNDWATER AQUIFER RECHARGE SUB -ELEMENT OBJECTIVE 2: Preserving the Quantity of the Surficial Aquifer Through 2025, there will be no reduction in the availability of groundwater from the surficial aquifer. For the purpose of this Objective, water quantity will be based on SJRWMD's most recent regional groundwater model Polig 2.2: The county shall use natural groundwater aquifer recharge areas for passive parks and open space. OBJECTIVE 5: Capital Improvements By 2015, the County shall protect a minimum of 1000 additional acres of aquifer recharge areas for 283 Appendix D: IRC Comprehensive Plan Policy Excerpts the surficial aquifer through conservation easements and fee simple acquisition compared to 2009 baseline data. Policy 5.2: The county shall pursue state and federal sources of funding available for the preservation and protection of environmentally sensitive areas, such as natural groundwater aquifer recharge areas. Policy 5.3: The county shall evaluate and rank proposed capital improvement projects for the acquisition and preservation of the natural groundwater aquifer recharge areas according to the following guidelines: • Level One - Whether the acquisition is needed to protect public health, to protect the function of aquifer recharge, and to fulfill the county's legal commitment to provide water services. Level Two - Whether the acquisition will improve the existing condition and prevent or reduce future capital costs. CHAPTER 3E - STORMWATER MANAGEMENT SUB -ELEMENT OBJECTIVE 5: Preservation of Floodulains and Floodways The county shall maintain its Comprehensive Emergency Management Plan (CEMP) to serve as a comprehensive floodplain management plan approved by the Federal Emergency management Agency (FEMA). Policy 5.2: Contingent upon available funding in the county's environmental lands program, the county shall continue to acquire property in the 100 -year floodplain for conservation. OBJECTIVE 7: Stormwater Ouality Consistent with DCA Rule 9J -5.011(2)(c)(5), the county shall maintain Water Quality Level of Service (WQLOS) based on Pollutant Load Reduction Goals (PLRGs) established by the SJRWMD for the Indian River Lagoon and, when available, based on Total Maximum Daily Load (TMDL) standards established for the Lagoon. Policy 7.1: The county shall cooperate with the IRLNEP, SJRWMD, FDEP, DHRS, Marine Resources Council (MRC), and other organizations in conducting an inventory pollutant loadings to the Indian River Lagoon (IRL). Policy 7.6: In accordance with Program Goal I of the Indian River Lagoon Comprehensive Conservation and Management Plan and Goal I of the Surface Water Improvement Management (SWIM) Plan, the county shall reduce the amount of non -point source pollution entering the Indian River Lagoon by applying for SWIM funds and Section 319 Grants to improve the pollutant removal of efficiency of existing stormwater management facilities and, where feasible, to construct new regional stormwater management facilities. 284 Appendix D: IRC Comprehensive Plan Policy Excerpts CHAPTER 10 - RECREATION AND OPEN SPACE ELEMENT OBJECTIVE 1: Adequate Parklands and Recreation Facilities Through 2030, adopted recreation levels -of -service will be maintained to ensure that adequate parklands and recreation facilities are available and accessible for public use. Policy 1.1: The county hereby adopts a recreation level -of -service standard of 6.61 recreation acres per 1,000 permanent population plus weighted seasonal population. OBJECTIVE 5: Access to Natural Resources Through the time horizon of the plan, the current 57 access points to the county's major water resources, including the Atlantic Ocean, Indian River Lagoon, St. Sebastian River, and freshwater lakes, will be maintained. Policy 5.1: The county shall use beachfront and riverfront lands that have been acquired through the county's Environmental lands Acquisition program for public access to the county's major natural resources. Policy 5.2: The county hereby designates the Indian River Lagoon, the St. Sebastian River, and associated coastal resources as a greenway (a.k.a. "blueway") and waterway trail system. Consistent with Policy 8.1 of the Coastal Management Element, Indian River County will participate in the Indian River Lagoon `Blueway" Florida Forever (f.k.a. "Conservation and Recreation Lands") project to acquire and provide passive recreational access to coastal resources bordering the Indian River Lagoon by providing local funding assistance, and by providing "in- kind" services, such as identifying environmentally -sensitive parcels. OBJECTIVE 7: Open Space Through the time horizon of the plan, there will be no decrease in the amount of publicly -owned or publicly -controlled open space within the county. Policy 7.1: The county shall acquire those environmentally sensitive areas programmed for acquisition in the conservation element of this plan. These areas will be used as open space, passive recreation areas, and historical sites, as appropriate. OBJECTIVE 8: Intergovernmental Coordination By 2011 the county will have agreements with municipalities for county -wide programs and for special events that impact other jurisdictions. Policy 8.2: To enhance recreation opportunities, the county shall coordinate with and support state and federal agencies in their land acquisition programs by: • Compiling information; • Conducting site analyses; • Contacting owners; and • Providing staff assistance. 285 Appendix D: IRC Comprehensive Plan Policy Excerpts INDIAN RIVER COUNTY MANATEE PROTECTION AND BOATING SAFETY COMPREHENSIVE MANAGEMENT PLAN (EXCERPT) ACTION PLAN Based on the analysis herein of existing conditions and associated data, this section, the Action Plan, sets forth specific actions that Indian River County will take, in the form of policies, to fixrther manatee protection and boating safety objectives. This Action Plan contains the following components: Goal; Objectives and Policies; Implementation; and Evaluation and Monitoring. GOAL, OBJECTIVES AND POLICIES This Goal and associated Objectives and Policies shall be adopted by reference to the existing Coastal Management Element of the Comprehensive Plan (March, 1998) as required by Objective 3 (Policy 3.10) of the Coastal Management Element. GOAL It is the goal of Indian River County to equitably balance manatee protection, habitat preservation, and boating safety with commercial and recreational marine interests. OBJECTIVE 1: Boat Facility and Marina Siting and Construction Through 2005, there shall be no increased impact to manatee habitat, or the natural resources of the Indian River Lagoon, including seagrass beds, water quality, estuarine wetlands, and mangrove fringe, attributed to the development or expansion of boat facilities or boat ramps in Indian River County. 1_1 The siting of new or expansion, rearrangement, or slip conversion of all boat facilities and boat ramps in Indian River County, and in each municipal government with jurisdiction over a portion of the inland waters of Indian River County, shall be consistent with the assessment criteria and policies established in this MPP. 1_2 Boat Facility Siting Zones (1-9), as described in the Analysis section of this MPP, are hereby established. The purpose of these Zones is to provide the public with some guidance as to the potential for the siting of new boat facilities or for the expansion, rearrangement, or conversion of an existing boat facility. The regulatory criteria to be applied to each zone represent the baseline criteria that all proposed projects must meet. 286 O 4 4d (g) faeuzuznS uoijisinbod f4iodoid y suOT41pnOD 31qujOAe3 ;ueiD 00 k # /uog!smbod ' aq o MpujadooD c a juautaseuew 00 pula,I o y a' ci > r_ ao c N f4!j!gEiauinn 5 p., saAueuiajid C �o 'SA paaK a „ 4" osEgoznd K �, y EI O ..w as •--a� '. W(d) kWUlumS aAtjejtiunZj W iEuouEonpg ieuo►�eaioag rK (saomosag JOWAk iSuipniout) k 'o o odEospuEZ o •G �. Uo SAEnnuaa. D �n 4) rn 28 siopruoo ad > o ad W 4. Cd olvl!quH c 4 tk� N +, O' IEuuajod .° a' Vcd aa t , Ill Al!unuTLuoo to Py GO CCL u woos ;oafoid Itun 2uugsi3M moos pa1q-2iaM .� ;, Appendix F: Minimum Criteria for ELAP Property Review Indian River County Environmental Lands Acquisition Panel (FLAP) Land Acquisition Process Staff will review each application and complete an initial screening for each property. The submitted property(ies) within an application should meet at least one of the following criteria in order to be considered for review by the ELAP: a. The property supports at least 5 acres of one or more native vegetative community types; or b. The property supports less than 5 acres of native vegetative community, but is part of a larger contiguous tract of native vegetative communities (over 5 acres is size); or c. The property supports listed rare and imperiled species (flora or fauna), regardless of parcel size; or d. The property has altered ecosystems with reasonable potential for restoration, and the property is within to a designated corridor, greenway or blueway, regardless of property size. "Native Vegetative Community" shall include the following categories: Terrestrial Hardwood hammock Coastal/tropical hammock Coastal strand Scrub/xeric hammock Pine flatwoods Dry prairie Cabbage palm hammock Wetlands & Surface Waters Estuarine wetlands Freshwater wetlands Stream/river 288 12/12/24 ITem 12.G.1. 12/12/24 ITem 12.G.1. nds Question Resolution 2022-016 called for a Bond Referendum Election for the issuance of general obligation bonds as follows:: - To acquire and permanently preserve environmentally significant lands to restore the Indian River Lagoon, protect water resources, natural areas, wildlife habitat, drinking water resources, and construct public access improvements related thereto, shall Indian River County be authorized to issue general obligation bonds up to $50,000,000, maturing within 20 years from each issuance, not exceeding the legal maximum interest rate, payable from ad valorem taxes, with full public disclosure of all spending through annual independent audits? Yes/No A -- "A 12/12/24 ITem 12.G.1. ' The Environmental Lands Program Guide (ELP Guide) is to be used as the primary document that contains the policies, standards, and procedures relating to environmentally significant land acquisition and management activities. With respect to the ELP Guide, the Indian River County Board of County Commissioners (BOCC) will have the ultimate approval authority on its adoption and revisions.. ENVIRONMENTAL LANDS PROGRAM GUIDE PROCESS 1 • On September 20, 2022 the BCC approved a draft of the ELP Guide • Between March and June, 2022 the BCC nominated and approved the nine members of the Environmental Lands Acquisition Panel (ELAP) Nine ELAP members include, Samantha McGee — District...1"' Heather Stapleton — Natural Resources ➢ Janice Broda — District 2,. Jeff Beal — Natural Resources ➢ Daniel Bott — District 3�{ John Orcutt —Real Estate/Finance ➢ Peter O'Bryan — District 4 Roland DeBlois — Planning/Engineering ➢ James L. Connaughton — District 5 Z.C�B 3 12/12/24 ITem 12.G.1. The ELAP'convened on August 151 2023. At the first meeting, P&ter,'' O'Bryan was approved as Chairman & Roland DeBlois was approved as Vice Chairman • LAP meetings were held on September 19t" and October 17th review the content of the ELP Guide, and assemble a list of , m , --recommended changes for presentation to the BCC. 12/12/24 ITem 12.G.1. SUMMARY OF FLAP RECOMMENDED CHANGS TO THE ELP GUID a� Y In order to better organize the information and provide clarity, staff' has made minor changes to the sequence of the content in the ELP Guide, and added minor content to provide document clarity and organization. These minor changes have been made subsequent to he October 17, 2023, ELAP meeting, and include the following: Added Table of Contents Moved Definitions to a new Glossary section for ease of reference Added Acronyms to the Glossary section Formatted Appendices list for ease of reference .... ..... ... -:, 12/12/24 ITem 12.G.1. POLICIES: IRC'sop licy is to acquire environmentally significant lands consistent with the resource conservation goals and objectives as set forth in the guide; state _ uidelines; and ollcies of the 2030 comprehensive IanZRI ak ; SUMMARY OF FLAP RECOMMENDED CHANG THE ELP GU 1 D �,a� , t - CHAP I IVIS & POLICIES ' �a, • Added a definition for the "Acquisition Consultant" Definitionswere`-` move to the Glossary in the Appen CHAPTER II (RESPONSIB • No changes pro ectioh - 12/12/24 ITem 12.G.1. • Clarified "Purchase" definition CHAPTER IV (FUNDING /FINANCING) Updated the introductory paragraph to include current conservation estimates • Added an introductory statement to the "Federal, State & Joint Acquisition Program" section �; ' ', u. • Added additional grant opportunities under the "Federal Funding" section • Added additional grant opportunities and clarified existing descriptions under the "State Funding" sections SUMMARY OF FLAP RECOMMEND CHANGES TI nTHE ELP QUID CHAPTER IV (FUNDING FINANCING) • Updated the introductory paragraph to include current conservation estimates • Added an introductory statement to the "Federal, State &Joint Acquisition Program" section • Added additional grant opportunities under the "Federal Funding" section • Added additional grant opportunities and clarified existing descriptions under``' the "State Funding"section A 5'. . 12/12/24 ITem 12.G.1. UMMARY OF ELAP RECOMMENDED CHANGES TC THE ELP GUID Ekw :HAPTER VI (LAND MANAGEMENT) , 3`af qo other changes beyond replacement of "exotics" to "invasives" SUMMARY OF ELAP RECOMMENDED CHANGE TF ELP GUID NNW, %Wdalm— go • Glossary Acronyms, Definitions and Terms"was added as ".4ppendixA" Environmental Land Acquisition Parcel Nomination Form: Added a reference to 'Appendix 8, "and updated to include current email address • County Resolution No : Addeda reference to 'Appendix C."No other changes °` " .. • I.R.C. Comprehensive Plan Policy Excerpts Added a reference to 'Appendix Q_ No other chanaes. 12/12/24 ITem 12.G.1. SUMMARY OF ELAP RECOMMENDED CHANGES Mdmg THE ELP GUIDE The matrix is now referenced as E„ Changes to the Weighing Units on the Matrix W, ➢ The Natural Community Evaluation Factor was recommended to remain a 15" ; The Potential Habitat Evaluation factor was recommended to be changed from a "15" to a ➢ The Corridors & Greenways Evaluation Factor was recommended to be changed from a 10" to a 15" ' s " sW Al The Landscape Evaluation Factor was recommended to remain a "10 ➢ The Recreational & Educational Evaluation Factor was recommended to be changed from an „8" to a 10" R111 ,SUMMARY OF ELAP RECOMMENDED CHANGES ➢ The Property Need vs. Alternatives Evaluation Factor was recommended to beI. changed from a "12" to an "8" ➢ The Vulnerability Evaluation Factor was recommended to `remain an "8" The Land Management Evaluation Factor was recommended to remain a "10" The Cooperative Acquisition/Grant Potential Evaluation Factor was recommended to be changed from a "6" to an ➢ Favorable Market Conditions was recommended to remain a "6" 2- 12/12/24 ITem 12.G.1. IT, GUIDEUpdated December 2023 M -TIM -7-1— I Presented to the Indian River Ccunty Board of County Commissioners DecmeLer 12, 2023. AMMIN 4V A AKV. lw At Table of Contents INTRODUCTION............................................................................................................................................. 3 GENERAL OVERVIEW.................................................................................................................................3 SUMMARY OF CHAPTERS..........................................................................................................................5 MAINTENANCE OF THE ENVIRONMENTAL LANDS PROGRAM GUIDE......................................................5 CHAPTER1......................................................................................................................................................6 PURPOSE, OBJECTIVES, AND POLICIES......................................................................................................6 PURPOSE...............................................................................................................................................6 OBJECTIVES........................................................................................................................................... 6 POLICIES................................................................................................................................................ 7 CHAPTERII....................................................................................................................................................8 RESPONSIBILITIES AND RELATIONSHIPS...................................................................................................8 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS (BOCC)...............................................8 INDIAN RIVER COUNTY ENVIRONMENTAL LANDS ACQUISITION PANEL (ELAP)..................................8 STAFF...................................................................................................................................................10 ADVISORY STATUS...............................................................................................................................11 GENERAL PROVISIONS........................................................................................................................11 CONFLICTS OF INTEREST.....................................................................................................................11 CHAPTERIII.................................................................................................................................................13 METHODS OF LAND ACQUISITION......................................................................................................13 CHAPTERIV.................................................................................................................................................15 FFDERAL, STATE & JOINT ACQUISTION PROGRAMS.......................................................................15 FEDERALFUNDING..............................................................................................................................15 STATEFUNDING..................................................................................................................................16 LOCALFUNDING..................................................................................................................................19 PRIVATE GROUP/COOPERATIVE ACQUISITION...................................................................................21 CHAPTERV.................................................................................................................................................. 22 PHASE1: Review of Directives............................................................................................................ 24 PHASE 2: Compilations of Lands for Review.......................................................................................25 1 Revised: December 2023 PHASE 3: Evaluation/Prioritization.....................................................................................................26 PHASE 4: Work Plans/Pre-Acquisition Tasks/Negotiations.................................................................31 PHASE 5: Final Report and Recommendations; Confidentiality.........................................................34 CHAPTERVI...........................................................................................:.....................................................38 RESPONSIBILITIES................................................................................................................................ 38 KEY MANAGEMENT ACTIVITIES..........................................................................................................40 COST/FUNDING...................................................................................................................................43 APPENDICES................................................................................................................................................45 A. Glossary ..............................................................................................................................................46 B. Environmental Land Acquisition Parcel Nomination Form.................................................................51 C. County Resolution No. 2022-016........................................................................................................52 D. I.R.C. Comprehensive Plan Policy Excerpts.........................................................................................57 E. ELAP Evaluation/Prioritization Matrix.................................................................................................66 F. Minimum Criteria for ELAP Property Review......................................................................................67 2 Revised: December 2023 INTRODUCTION The Environmental Lands Program Guide (ELP Guide) is to be used as the primary document that contains the policies, standards, and procedures relating to environmentally significant land acquisition and management activities. With respect to the ELP Guide, the Indian River County Board of County Commissioners (BOCC) will have the ultimate approval authority on its adoption and revisions. The Environmental Lands Acquisition Panel (ELAP) will maintain the ELP Guide and act in an advisory capacity to the County Commissioners. The ELAP will receive and review proposals for purchase and make specific land acquisition recommendations. Notwithstanding any section of the ELP Guide to the contrary and except for matters that are required to be confidential, such as appraisals, the ELAP shall review and make recommendations with respect to all environmental land acquisition matters before said matters are presented to the BOCC. County staff will be available at the direction of the County Administrator. Although the ELP Guide will be the primary source for policy and procedural guidance, the Indian River County Comprehensive Plan and the Indian River County Land Development Code, as well as the Comprehensive Plans of municipalities in the County, will also be used as they contain goals, policies, and objectives relating to land acquisition. On March 8, 2022, the BOCC approved Resolution 2022-016 which called for an Environmental Bond Referendum for the qualified electors to consider in the November 8, 2022 general election. The referendum will determine whether an environmental bond should be pursued to provide for the funding towards the acquisition of environmentally significant lands to restore the Indian River Lagoon, protect water resources, drinking water sources, wildlife habitat and natural areas, and construct public access improvements related thereto. The BOCC committed to do the following in the event that the 2022 Referendum is approved by the voters: A. Seek matching funds in connection with the acquisition of the Projects (as defined in the Resolution) to the maximum extent such matching funds are available; B. Make specific provisions for annual independent audit of the uses of the proceeds of the Bonds. The BOCC committed also to revise the 2004 ELP Guide to provide criteria and guidelines for the acquisition process under the 2022 Bond Referendum. The original ELP Guide was developed in conjunction with the County's 2004 Environmental Bond Referendum, of which all funds have been allocated. The purpose of the ELP Guide includes the following: 1. To provide the policies and procedures involved in land acquisition and long-term management in Revised: December 2023 one document that may be modified over time. 2. To provide a uniform process for land acquisition and management that will be utilized throughout the county. 3. To provide the public, county staff, and parties involved in the acquisition process with a document that outlines this process in a format that is readily available and clear in its presentation. The ELP Guide serves as a reference for the ELAP throughout the planning process. Three main principles contained in the ELP Guide are: 1. Acquisition of lands consistent with the resource/conservation goals, objectives, and policies set forth by the County; Acquisition of lands when other means of protection (e.g., land use regulation) are not effective; and Acquisition, when possible, through the use and assistance of state and federal funds. The primary objective of the ELP Guide is to outline procedures for the acquisition of environmentally significant lands. Such lands are unique and irreplaceable, and contain excellent examples of natural communities including, but not limited to: forest resources; plants; animals; coastal and wetland resources; and surface and groundwater resources. A secondary objective of the ELP Guide is to outline procedures for management of acquired lands so that these lands are restored and/or managed to maximize their ecological value, and developed for passive recreational uses such as hiking and nature trails, educational nature centers, and elevated boardwalks. The acquisition process will consider the cost associated with these public access improvements, as well as the cost associated with habitat management and restoration. The BOCC has the final authority to establish land acquisition policies, procedures, priorities, standards and criteria. The BOCC also approves specific proposals for acquisition, based on the recommendations from the ELAP. In making its recommendations, the ELAP follows the procedures set forth in the ELP Guide, and is advised by county staff. County staff are also responsible for: ensuring that the proposals are properly reviewed by the ELAP, coordinating comments, conducting intergovernmental coordination activities, preparing approval/recommendation memoranda, and negotiating for purchases. 4 Revised: December 2023 SUMMARY OF CHAPTERS Chapter I sets forth the purpose of the ELP Guide, as well as objectives and policies to direct land acquisition actions. Chapter II describes the responsibilities and relationships of the BOCC, the ELAP and county staff in carrying out the objectives and policies of the ELP Guide. Chapter III summarizes the various methods that can be used to protect environmental resources, with fee title purchase being just one of several alternatives. Chapter IV provides brief descriptions of the various funding/financing approaches that can be utilized for land acquisition, including joint acquisition programs, local funding mechanisms, and private, cooperative acquisition. Chapter V is the crux of the ELP Guide, detailing the land acquisition process and procedures. Included in this chapter is the Evaluation/Prioritization Matrix and land evaluation criteria descriptions. Chapter VI provides information on conservation land management responsibilities, funding sources, needs and priorities. The appendices of the ELP Guide are excerpts from important reference documents such as the County Comprehensive Plan and the BOCC Resolution No. 22-016, which provided the framework for carrying out the environmental bond referendum. It would be the responsibility of the BOCC to approve the members of the ELAP. Also included is a sample land acquisition nomination application, information on the evaluation of parcels, and aIg ossary of acronyms, definitions and terms, for reference. MAINTENANCE OF THE ENVIRONMENTAL LANDS PROGRAM GUIDE Responsibility. In order to carry out the responsibilities of maintaining the ELP Guide in a correct and up-to-date manner, the County Administrator shall identify a county staff member whose duties will include coordinating all guide issuances and keeping the guide up-to-date. Amendment and Updating Procedure. The ELP Guide may be amended by a majority vote of the BOCC. The ELAP shall periodically conduct a review of the ELP Guide and shall make recommendations to the BOCC regarding proposed ELP Guide revisions, as warranted. Revised: December 2023 CHAPTER I PURPOSE, OBJECTIVES, AND POLICIES PURPOSE This ELP Guide is to assist the ELAP through the planning process and the procedures that lead to decisions on the acquisition of land. Land acquisition is initiated by the identification of a need to meet certain objectives that require a property base - one that has the potential for acquisition. Acquisition involves obtaining full control (fee title) or partial control through easements, leases, or agreements. The primary objective of the Indian River County ELP Guide is to outline procedures for acquiring, and managing environmentally significant lands. Environmentally Significant Lands: Lands so described are environmentally rare and irreplaceable and are valued ecological resources. For the purposes of the 2022 Environmental Bond referendum, these lands contain one or more of the following resource categories: Natural Communities; Forest Resources; Plants; Animals; Coastal and Wetland Resources. The land acquisition objectives for each category are as follows: Natural Communities. Identify, acquire and protect those natural communities that represent the best examples, with priority given to the most endangered or threatened. To ensure consistency of description of natural communities, see the Conservation Element of the Indian River County 2030 Comprehensive Plan. Forest Resources. Identify, acquire, and protect lands to maintain representatives of the various forest or timber types. Plants. Identify, acquire and protect sites which contain endangered or threatened species, or species of special concern. Priority should be given to those sites that are critical to the survival of these plant species or that contain important assemblages of rare or endangered species. Animals. Identify, acquire, and protect lands that are critical to the survival of endangered or threatened animals or species of special concern. Wetland and Coastal Resources. Identify, acquire, and protect undeveloped coastal areas to conserve their significant natural and aesthetic attributes. Identify, acquire, and protect significant wetland areas, with specific emphasis on resources associated with the Indian River Lagoon, including its associated tributaries. Water Resources. Identify and protect lands that are valuable for conservation of water resources, including surface waters and those contributing to public drinking water sources. Revised: December 2023 Management of Environmentally Significant Lands: Lands acquired under the ELP Guide shall be managed primarily to restore, enhance and maintain important natural ecological characteristics. These lands will be managed and maintained, as appropriate, for passive recreational pursuits, or other compatible uses. Uniaue Areas The natural characteristics of these areas will be enhanced or maintained to ensure protection of the natural resources. Areas may be maintained or enhanced by many methods, including but not limited to: fencing, planting, prescribed fire, selective clearing and/or removal of non-native species, removal of artificial drainage features, elimination of off-road vehicle access, and prohibition of dumping. Recreation Areas The objective in managing these areas should be to provide opportunities for recreational experiences in the out-of-doors. Limited facilities will be developed to encourage users to enjoy the land and its resources in a natural setting. Nature trails, boardwalks, educational displays and centers, and observation platforms are the type of facilities that may be developed in these areas. Other Compatible Uses Uses compatible with the primary objective of protecting significant natural areas may be considered. Such uses include ground water primary recharge protection, and storm water management. Such uses shall only be considered if they do not threaten the integrity of the natural system to be protected. POLICIES Indian River County, Florida will acquire lands consistent with the resource conservation goals and objectives as set forth in the ELP Guide; State acquisition guidelines (when applicable); and policies of the Indian River 2030 County Comprehensive Plan, foremost of which being policies of Objective 6 of the Conservation Element. The County's basic policy is to purchase land when other means such as zoning or regulation are not available or effective. When lands are to be acquired, the minimum ownership interest necessary to satisfy the objectives is to be sought. If fee title is required, full consideration will be given to extended use reservations, exchanges or other alternatives that will lessen impact on the owner and the community. Donations of desired lands or interests will be encouraged. In carrying out this policy, the County shall give additional consideration to land acquisition measures that are coordinated with various entities. It is the policy of the County to work in a cooperative venture with such entities, including but not limited to profit and nonprofit organizations, municipalities within Indian River County; the Department of Environmental Protection; the St. Johns River Water Management District; the Florida Inland Navigation District; and the Florida Forever Program. 7 Revised: December 2023 CHAPTER II RESPONSIBILITIES AND RELATIONSHIPS Boards and officials listed below are responsible for the functions indicated: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS (BOCC) Approves land acquisition policies, procedures and priorities based upon recommendations from the ELAP. Approves in writing only those acquisitions of environmentally significant lands proposed by the ELAP. (The BOCC may approve or delete any project proposed by the ELAP. Also, the BOCC may add or expand projects on the prioritized acquisition list, but only under the "Emergency Acquisition" procedures set forth in the ELP Guide, whereby the ELAP will review emergency project(s) and make recommendations to the BOCC regarding acquisition.) Authorizes all financial measures, including bond issues, for carrying out the acquisition of environmentally significant lands. Provides final approval of all land acquisition contracts and documents. Determines the annual budget for the land acquisition program, including funds used for purposes relating to acquisition beyond purchase or lease costs, such as site improvements and management costs. Appoints members to the ELAP, in accordance with a future Resolution to be adopted by the BOCC. INDIAN RIVER COUNTY ENVIRONMENTAL LANDS ACQUISITION PANEL (FLAP) Membership shall consist of nine (9) members appointed by the BOCC, in accordance with the provisions of a future County Resolution to be adopted. Membership will include one (1) appointee residing in each of the five districts by their respective County Commissioner, and four (4) members at large with professional credentials and affiliations. The process for selecting the 4 members at large will be proposed to the BOCC for approval. It is recommended that the four at large members be selected from the following three categories: • Two (2) members with a broad background and professional experience in Natural Resources • One (1) member with extensive professional experience in Real Estate or Finance • One (1) member with extensive professional experience in Planning or Engineering Term of Office Revised: December 2023 The term of each appointment shall be governed by Section 103.02 of the Indian River County Code of Ordinances. Purpose of the ELAP The purpose of the ELAP shall be to: 1. Advise the BOCC on utilizing the bond funds for the purchase of environmentally significant lands that further the goals and objectives outlined in the Indian River County 2030 Comprehensive Plan; 2. Establish, pursuant to the ELP Guide, priorities for Commission consideration in connection with future land acquisition; 3. Review and comment on the development of use and management recommendations for consideration by the Commission with regard to environmentally significant lands to be protected; 4. Make recommendations regarding cost -share funding alternatives to leverage bond referendum monies. 5. Take such other actions as are consistent and necessary in accordance with criteria established in the ELP Guide. Duties and Responsibilities: Comply with the mandate of the electorate vote in accordance with Indian River County policies enumerated herein. Make recommendations to the BOCC concerning modifications to the Indian River County ELP Guide to meet the needs of Indian River County. Present to the BOCC, for their approval, a recommended program for the purchase of environmentally significant lands. Investigate and consider alternative non -ad valorem -based funding sources for the purchase of environmentally significant lands. Receive and review individual proposals nominated for purchase in accordance with the criteria established in this ELP Guide. Create an annual summary for land acquisition in accordance with the criteria established in this ELP Guide from which due diligence investigations and purchase negotiations shall be commenced. The project summary shall carry over those sites still under consideration from the previous year's cycle. Based upon a staff report, make recommendations to the BOCC concerning the acquisition of Environmentally Significant sites. The ELAP's recommendation shall specifically identify the land 9 Revised: December 2023 and interest therein to be acquired, and features of the land that meet (and don't meet) the selection criteria set forth in this ELP Guide. Make use and management recommendations to the BOCC regarding environmentally significant lands to be protected. The ELAP shall conduct an annual review and evaluation of the environmentally significant lands being considered for acquisition based on the results of purchase negotiations, funding opportunities with State and Federal preservation programs and the criteria established by this ELP Guide, reprioritize same, add new sites or delete sites, and provide a written report of results thereof to the BOCC. All business of the ELAP shall be conducted by majority vote with no fewer than seven (7) members of the ELAP being present. STAFF County personnel shall be assigned by the County Administrator to provide assistance to the ELAP. Duties and Responsibilities: Receive all acquisition proposals. Evaluate proposals for policy and procedural compliance. Establish and maintain the GIS based Dashboard which will contain review criteria and other relevant information to be used in the evaluation process. The Dashboard will be updated by staff when updated GIS files are available, and upon receipt of new or modified property information. Ensure appropriate review by the ELAP. Coordinate comments received. Develop a work plan with the acquisition consultant from which due diligence investigations and purchase negotiations shall be commenced. The work plan shall begin with those sites listed in the previous year's cycle, and include any sites added to such list in accordance with the provisions in this Guide. Said acquisition shall be consistent with the goals and policies of the Guide. Coordinate with the acquisition consultant concerning selection by a fair and impartial process, by bid or rotation, appraisers who are duly certified by the Division of State Lands Bureau of Appraisal to conduct appraisals in accordance with applicable State and County standards. Coordinate with the acquisition consultant concerning selection of any contract with qualified vendors to complete boundary maps, surveys and environmental audits in accordance with applicable standards. 10 Revised: December 2023 Manage cooperative efforts, consultation and/or contracts with profit or nonprofit organizations in fartherance of the goals and objectives of this Guide. Arrange for discussions and meetings of panel members, county, state and local governmental agencies, as required. Prepare Approval Memorandum recommendations for BOCC consideration at the direction of the ELAP. Prepare grant applications and proposals. Coordinate negotiations with owners of property under consideration for acquisition. Negotiations may entail direct contact with landowners and/or coordination with State cost -share agency staff and other land acquisition entities, as applicable. Develop purchase contracts; present negotiation status to the ELAP and the BOCC. In instances where matching fund opportunities from conservation partners are available, and to the extent practicable and feasible, follow said partners' land acquisition procedures, it being understood that the adoption of said procedures shall be temporary in nature and applicable only to the specific transaction at hand. Conduct conservation land management tasks in accordance with BOCC approved land management plans, including coordination with volunteers and appropriate environmental agencies. ADVISORY STATUS The ELAP shall be advisory only, and the members shall serve without compensation. GENERAL PROVISIONS Except as provided herein, the provisions of Section 103.02 of the Indian River County Code of Ordinances shall apply to the ELAP. CONFLICTS OF INTEREST No member of the BOCC may be involved in the appraisal of or the negotiations for the purchase, sale, or exchange of any real property on behalf of the County. No Board member, ELAP member, County staff member, member of any organization or agent employed by the County (collectively "County Authorized Representative") may negotiate, approve, or otherwise participate on behalf of the County in the purchase, sale, or exchange of real property owned or to be acquired by the County, if the County Authorized Representative member or any of his relatives stand to receive any tangible advantage from the real estate transaction or has any financial interest in or derivative benefit from the land to be acquired. 11 Revised: December 2023 No County Authorized Representative may provide information obtained by virtue of his/her official capacity to another regarding any proposed acquisition or disposition of property for the purpose of giving the third party an unfair advantage. The County Authorized Representative shall sign a binding statement disclaiming any interest in environmentally significant lands during the period of active negotiations on said lands, and shall also sign a statement that the confidentiality of all appraisals, offers and other negotiation matters shall be maintained in accordance with Chapter 125, Florida Statutes. 12 Revised: December 2023 CHAPTER III ENVIRONMENTAL RESOURCE PROTECTION METHODS METHODS OF LAND ACQUISITION There are a number of methods available to acquire property rights. These are direct purchase, condemnation, donation, exchange, transfer, or withdrawal. Each property under consideration for acquisition has characteristics that are factors in determining what method is appropriate. A brief discussion of each method is presented below. Please note that not all of these methods are applicable, or will be utilized, when environmental bond funds are allocated for acquisition. Purchase. This is a simple, straightforward means of separately obtaining fee title or an easement. It involves a willing seller/willing purchaser situation wherein the purchaser negotiates the sale of one, some or all rights to property fee simple or less than fee simple conservation easements which may include transfer of development -.rights. Purchase agreements have the advantage of being quick, controllable and generally non- controversial. Condemnation. There are occasions when direct purchase is not possible because the owner does not want to sell or will not accept the price offered. When extremely high public values are endangered or threatened or the land is needed for protection, the County can exercise the right of eminent domain (the taking of land without consent of the owner). This judicial process is also called condemnation. The disadvantages are that this process is almost always controversial, frequently creating highly emotional reaction on the part of the landowners and sometimes the community at, large. Furthermore, there is little control as to the cost, which is generally determined as a result of a trial. In addition, the County must assume the judgment of the value that the jury places upon the land. The County may also be required to pay additional costs and attorney's fees of the property owners as provided by law. Condemnation shall not be considered when utilizing bond referendum funds. Donation. A citizen or group of citizens may wish to make a gift of property. Such donations are often useful in carrying out the land acquisition program at a minimum of cost. Aside from the cost factor, these acquisitions are no different than any other purchase. Exchange. On occasion, lands under County control can be exchanged for land having greater ability to satisfy the objective of the land acquisition program. This can involve land in private ownership or land under the administration of another governmental agency. Inherent in the exchange concept is the requirement to get dollar value for dollar value. Exchanges for land under current County control are attractive in that they do not increase land holdings and do not require funds for purchase. Another approach that may be considered is the County's acquisition of land for purposes of a pre -determined exchange for property of equivalent dollar value that has greater ability to satisfy land acquisition program objectives. 13 Revised: December 2023 Installment Sale. This concept has not been approved in Indian River County; however, an installment sale involves the sale of bonds. The prospective seller would contract to convey property to the County and in return the County would issue a bond. This bond would have to be paid back over a set number of years. The effect of this would be to create a potentially tax-free installment sale to the seller. The use of an Installment Sale shall not be considered when utilizing bond referendum funds. Use of Intermediaries. The County may find it advantageous to work with a private group as an intermediary to facilitate the transaction. Use of these intermediaries can sometimes bring about acquisition more rapidly. 14 Revised: December 2023 CHAPTER IV FUNDINGTINANCING There afe appr-exima4ely 10.3 millien aefes of eeasepmiea lands in Fier-ida, efwhieh 54.8-17; af e ewfted 0 ,4 afe There are approximately 10.69 million acres of conservation land in Florida in 2022, 96.9 percent is publicly -owned 10.37 million acres). Among the publicly -owned conservation lands, 54.9 percent is owned by the state government, 40.2 percent is owned by the federal government, and 4.90 percent is owned by the local government (2023 Annual Assessment of Florida's Conservation Lands, Florida Office of Economic & Demographic Research). The "bottom line" factor in the acquisition of environmentally significant lands is the availability of funds. A main component of a local land acquisition program is not only the allocation of local funds for acquisition, but also an aggressive pursuit of funding via inter -agency cost share programs, grants, and cooperative acquisition with private groups such as The Trust for Public Land, The Conservation Fund and The Nature Conservancy. In this chapter, potential funding and financing alternatives are summarized. FFDERAL, STATE & JOINT ACQUISTION PROGRAMS The following is a summary of potential grant opportunities that may be utilized for environmentally sensitive lands acquired through this process. This list is not intended to be all inclusive, and the intent of the process will be to pursue applicable funding based on the nature of each acquisition. FEDERAL FUNDING The Federal fundins summarized in this section are the U.S. Fish & Wildlife Service (FWS) — Coastal Program, the FWS-NAWCA 2024 US Small Grants, the Office for Coastal Management — National Oceanic and Atmospheric Administration (NOAH) — Coastal and Estuarine Land Conservation Programs, and Indian River Lagoon National Estuary Program• U.S. Fish & WiIdlife Service (FWS) — Coastal Program: The Coastal Program is a voluntary, community-based program that provides technical and fingncial assistance through. cooperative agreements to coastal communities, conservation partners, and:landowners to restore and protect fish and wildlife habitat on public and private lands. Coastal Program projects must support the missions of the U.S. Department of the Interior (DOI), FWS, and the Coastal Program, and be based on biological principles and the best available science. The Coastal Program takes an adaptive approach to designing ring and implementing coastal habitat protection and restoration strategies that anticipate and ameliorate the impacts of climate change and other environmental stressors. Coastal Program habitat improvement projects strive to increase coastal resiliency by improving the ability of coastal ecosystems to adapt to environmental changes and supporting natural and nature -based infrastructure projects to protect and enhance. coastal habitats. Eligible projects include the acquisition of real property interest in coastal.lands or waters and the restoration, enhancement, or management of coastal wetlands ecosystems. 15 Revised: December 2023 9 FWS - NAWCA 2024 US Small Grants: The U.S. Small Grants Program is a competitive, matching grants program that supports public-private partnerships carrying out projects in the United States that further the goals of the North American Wetlands Conservation Act. Projects must :involve only long- term protection, restoration, enhancement and/or establishment of wetland and associated upland habitats to benefit migratory birds. The program requires a 1:1 non-federal match and research fundingis s ineli ible. This program supports the Department of Interior (DOI) and FWS mission of protecting and managing the nation's natural resources by collaborating with partners and stakeholders to conserve land and water and to expand outdoor recreation and access. This grant to projects requesting less than $250,000. FWS - NAWCA 2024 US Standard Grants: The U.S. Standard Grants Program is a competitive, matching grants program that supports uublic-private partnerships carrying out projects in the United States that further the goals of the NAWCA. These projects must involve long-term protection, restoration, and/ enhancement of wetlands and associated uplands habitats for the benefit of all wetlands -associated (NOAH) — Coastal and Estuarine Land Conservation Program: This program is authorized as part of the Coastal Zone Management Act to protect coastal lands that are ecologically important or possess other obtain conservation easements, including over 16,000 acres protected as .in-kind matching contributions. Indian River Lagoon National Estuary Program. The Indian _River--I-Laeoon Council wa: established as an independent special district and is the local sponsor for the Indian River Lagoon National Estuary Program (IRLNEP) under the EPA's National Estuary Program. Cost -share grants mai be awarded for land acquisition for water quality restoration, habitat restoration and community-based restoration proiects• --_ STATE FUNDING State funding programs summarized in this section are: the (overall) Florida Forever program; the State Acquisition and Restoration Council (ARC) program; the St. Johns River Water Management District's (SJRWMD) land acquisition program; FDEP Parks and Recreation grants; aPA-the Florida Communities Trust program, the Coastal Partner Initiative (CPI) Grant, and the Wetland Restoration and Protection Grant administered by FDEP.. land aequisitien has been ineluded in this seetien. Florida Forever. The Florida Forever program was created in 1999 in response to a voter - approved constitutional amendment to acquire conservation lands. To date, the state has issued approximately $2 billion of Florida Forever bonds'. The main objectives of the Florida Forever Act are outlined in this definitions section of this Guide. At the end of Fiscal Year 2020-21, the principal amount of bonds available was $460 million, which is 16 Revised: December 2023 estimated to be expended and retired in Fiscal Years 2028-29. The bond proceeds are distributed as follows: 35% Department of Environmental Protection — State Lands 30% Department of Environmental Protection (DEP)/ Water Management Districts (WMDs) 21% Florida Communities Trust (FCT) 3.5% Department of Agriculture & Consumer Services — Rural & Family Lands Protection 2.5% Department of Environmental Protection — Working Waterfronts 2.0% Department of Environmental Protection — Florida Recreation Development Assistance Grants 1.5% Florida Department of Environmental Protection — Recreation & Parks' 1.5% Florida Department of Environmental Protection — Greenways & Trails 1.5% Fish & Wildlife Conservation Commission — Land Acquisition' 1.5% Department of Agriculture & Consumer Services — Florida Forest Service' ' These distributions are limited to inholdings and additions to lands managed by these agencies. ARC/Florida Forever Program. The Acquisition and Restoration Council (ARC) Florida Forever Program (€oaf/k/a- the Conservation and Recreation Lands (CARL) program) is administered by the Florida Department of Environmental Protection (DEP). The Florida Forever Act has added substantially to the available funds under this program. Land acquisition projects throughout the State are accepted for consideration and ranked annually for purposes of State acquisition priority. Properties that have been acquired under the County Environmental Lands Program with cost -share funds from this program include: the Korangy tract; the Fischer -Sebastian River tract; the Spallone/Archie Carr tract; the Carson Platt Estate tract; and the Captain Forster Hammock Preserve (f/k/a€if-cr the Jungle Trail Conservation Area) SJRWMD Land Acquisition Program. The St. Johns River Water Management District (SJRWMD) land acquisition program is a potential funding source, particularly through cost sharing. With the Save Our Rivers (SOR) and Florida Forever programs, the SJRWMD has funding available for the acquisition of lands based on the potential for preserving, restoring, enhancing or developing water resources in the District. Priority is given to lands that provide water resources protection, such as floodplains, sensitive wetlands and groundwater recharge areas. The SJRWMD is a co-sponsor of the of the Indian River Lagoon Blueway acquisition initiative, and has partnered with the County in acquiring Blueway property in the Oslo Riverfront Corridor. Also, SJRWMD has acquired 17 Revised: December 2023 land in the St. Johns Marsh area, and may be amenable to cooperative purchase of environmentally significant lands in western Indian River County. Florida Recreation Development Assistance Program. The Florida Rrecreation Development Assistance program (FRDAP) is a competitive program which provides grants to local governmental entities for acquisition and development of land for public outdoor recreation use or to construct recreational trails. If an acquisition project receives a FRDAP grant, the applicant must develop the acquired site for public outdoor recreation use within three (3) years. FDEP Parks and Open Space. Under Florida Forever, the Florida Communities Trust (FCT) Parks and Open Space grant program is a state land acquisition grant program that provides funding to local governments and eligible nonprofit environmental organizations for acquisition of community-based parks, open spaces and greenways that further outdoor recreation and natural resource protection needs identified in local government comprehensive plans. Funding is prioritized for projects in low-income or otherwise disadvantaged communities and projects that provide areas for direct water access and water dependent facilities that are open to the public and offer public access by vessels to waters of the state, including boat ramps and associated parking and other support facilities. Also emphasized is the acquisition of lands for recreational trail systems. Florida Communities Trust. The Florida Communities Trust (FCT) is a Florida land acquisition grant program administered by the Florida Department of Environmental Protection (FDEP). Grants are awarded annually on a competitive basis to local governments and non-profit environmental organizations for community-based parks, open space and greenways. These projects must further outdoor recreation and natural resource protection needs identified in the local governments' Comprehensive Plans. Funds under this program are available to local governments on a cost-share basis, through a competitive statewide application ranking process. The FCT has been Indian River County's most frequent cost-share partner in the purchase of environmentally significant lands. Land and Water Conservation Fund Program. Administered by the Florida Department of Environmental Protection (FDEP) on behalf of the U.S. Department of the Interior, National Park Service (NPS), the Land and Water Conservation Fund (LWCF) is a competitive program that provides grants for acquiring or developing land for public outdoor recreational use. LWCF is a reimbursement grant program. If utilized for acquisition, the land must be purchased for outdoor recreation purposes. Grantees may have up to three (3) years to develop the property after purchase. Resilient Florida Grant Program. Administered by the FDEP, the Resilient Florida Grants were developed to effectively address the impacts of flooding and sea level rise that the State faces. Eligible applicants may receive funding assistance to analyze and plan for vulnerabilities, as well as implement projects for adaptation and mitigation. Projects must address the risks as identified in the entity's vulnerability assessment, which must meet the statutory requirements outlines in F.S. §380.093. Acquisitions do not necessarily have to be coastal, but must be for the protection of critical assets. Stan Mayfield Working Waterfronts. A Florida Forever Program, the Stan Mayfield Working Waterfronts (SMWW) grant program is administered by the Florida Communities Trust (FCT) and provides grant funds for the acquisition of interests in land for the restoration and preservation of working waterfronts directly used for the purposes of the commercial harvest of marine organisms or saltwater products by state -licensed commercial fishermen, Naqua-culturists, or business entities, including piers, wharves, docks, or other facilities operated to provide waterfront access to licensed commercial fishermen, aquaeultwistsaaua-culturists, or business entities. SMWW grant funds may also be used for the acquisition of interests in land for exhibitions, demonstrations, educational venues, civic events, and other purposes that promote and educate the public about the economic, cultural, and historic heritage of Florida's traditional working waterfronts, including the marketing of the seafood and aquaculture industries. Florida Wildlife Corridor Act. Chapter 259.1055, F.S. describes the Florida Wildlife Corridor Act. This law was enacted in 2021 for the purpose of creating incentives for conservation ad sustainable development while sustaining and conserving the green infrastructure that is the foundation of the state's economy and quality of life. Coastal Partner Initiative (CPI) Grant. Administered by the FDEP, this funding was developed to protect and effectively manage Florida's coastal resources. This grant is funded through National Oceanic and Atmospheric Administration (NQM- Comtel Zone Management Act funds_ available on a competitive basis to local government. Awards are ,moval or land acquisition. The grant reauirei Wetland Restoration and Protection Grant: Administered by the FDEP, this funding is available to local governments and non -state entities to protect or restore wetlands. To be eligible, proposed projects must have at least a 50% cost -share provided with non -state funds. FDEP gives priority to those projects` that benefit fish and wildlife habitat, water quality, water storage, water conservation or flood attenuation. LOCAL FUNDING The Capital Improvement Element of the Indian River County Comprehensive Plan provides a summary of local financial resources, as well as state and federal sources. Covered in this section are ad valorem 19 Revised: December 2023 taxes, user fees and charges, special assessments, tourist development tax, mitigation funds, and borrowing (e.g., bonds). Ad Valorem Taxes. Ad valorem taxes are based on the appraised value of property. Such taxes are generally assessed in mills, thousandths of a dollar of assessed value. The State mandated millage cap is 10 mills per local government, excluding voted millages. The Board of County Commissioners' policies allow ad valorem tax revenues to be used for both operating and capital expenditures. User Fees and Charges. User fees and charges represent revenue received by the County for providing various general services. Those fees and charges allow the County to keep up with the increasing costs of services. An example of a user fee is a gate charge for recreational facility use. Tourist Develoument Tax. Any county may, subject to a vote, impose a Tourist Development Tax. Indian River County currently levies four cents of Tourist Development Tax. Per Florida Statute 125.0104, the first three cents of Tourist Tax collected can be used towards any of the allowable expenses within the statute which includes convention centers, sports stadiums, auditoriums, aquariums, zoos, tourism promotion, beach restoration, lagoon improvements, shoreline protection, enhancement and cleanup or infrastructure improvements. The fourth cent may only be used towards funding the debt service for professional sports franchise facilities, retained spring training franchise facilities, convention centers, the operation and maintenance of a convention center or tourism promotion. Indian River County Code, Section 210 provides further clarification regarding taxing districts, authorized uses of revenue, and local administration of the tax. Mitigation Funds. Policies in the Conservation Element of the County Comprehensive Plan allow, in certain circumstances, developers to mitigate impacts on environmentally significant lands by paying a "fee -in -lieu" instead of carrying out other mitigation methods, such as habitat creation, restoration, or preservation. As a result, a pool of funds is accumulating, specifically ear -marked for use to purchase or restore environmentally significant uplands and wetlands for the purpose of habitat conservation. The funds are intended for use to purchase or restore specific habitat types similar to those types adversely impacted by the development that warranted mitigation. Borrowing. In 1992, the voters of Indian River County approved an ad valorem tax bond of up to $26 million for the purchase of environmentally significant lands. In 2004, the voters of Indian River County approved an additional $50 million towards the purchase of environmental lands. The proceeds from both of these bonds have all been allocated. According to the County's bond counsel, these bond funds can be used for initial resource restoration and public access capital improvements in addition to land acquisition. The bond funds cannot, however, be used for ongoing maintenance costs or to pay for county personnel (i.e., staff salaries). On March 8, 2022 the BOCC approved Resolution 2022-16 calling for a Bond Referendum Election for the issuance of General Obligation Bonds to be used for the purchase of environmentally significant lands to restore the Indian River 20 Revised: December 2023 Lagoon, protect water resources, wildlife habitat, drinking water sources and natural areas, and construct public access improvements related thereto. PRIVATE GROUP/COOPERATIVE ACQUISITION In addition to state and local land acquisition funding opportunities, profit and nonprofit organizations with expertise in land acquisitions, such as the Trust for Public Land, The Conservation Fund, the Indian River Land Trust, Ducks Unlimited, and The Nature Conservancy provide opportunities to protect environmentally significant lands via a cooperative county -private group approach. The County, in its discretion, may cooperate and consult with private organizations regarding (a) the conduct of purchase negotiations with the owners of environmentally significant lands; (b) the opportunities for obtaining matching funding towards acquisition; and (c) the various procedures and processes associated with the acquisition and management of environmentally significant lands. Wherever there is the potential for matching funds from other agencies, it shall be the official policy of the County to follow and implement land acquisition procedures which are in harmony with the applicable federal agency, the State of Florida's Florida Forever Program, Save Our Rivers Program and Florida Communities Trust Program or other such funding sources to enhance opportunities for securing matching funding for the acquisition of environmentally significant lands, in the best interest of the citizens of Indian River County. 21 Revised: December 2023 CHAPTER V LAND ACQUISITION PROCESSES & PROCEDURES The purpose of this chapter is to provide guidance for a sequential procedure that the ELAP can follow, in coordination with county staff, to arrive at conclusions and make recommendations to the BOCC on land acquisition matters. The land acquisition review and recommendation process as set forth in this chapter is categorized into five phases. The first phase of the process involves an annual needs assessment, whereby land acquisition policy directives and objectives are reviewed and discussed. Also, in this phase, existing and potential funding sources are identified; the Environmental Lands Program Guide may be revised and adjusted in some cases depending on findings. The second phase entails a compilation of lands to be reviewed for acquisition consideration. The compilation of lands includes staff recommendations and other lands that may be nominated during a specific year. The third phase of the process is evaluation and prioritization of the lands identified for review, based on resource characteristics, proximity to greenways and wildlife corridors, financial/purchase opportunities, and management considerations. In this phase the County proposes to develop a GIS based Dashboard Web Application for use as a data repository and for project evaluation. In this phase, properties are evaluated for alternative protection methods (other than fee title acquisition). As a part of this phase, the ELAP will establish, amend or maintain its list of land acquisition projects. The fourth phase consists of staff developing work plans for projects on the ELAP acquisition list, including: identifying and applying for cost -share funding (subject to ELAP review and Board approval); scheduling and undertaking pre-acquisition tasks (e.g., obtaining appraisals); and negotiating purchase contracts (through and in coordination with the county's acquisition consultant). Using the proposed GIS based Dashboard Web Application the ELAP members will be able to review current site information, updated status of pending studies, appraisal information, and other acquisition related materials. Staff will provide a summary at each ELAP meeting as to the current status of each project on the ELAP acquisition list. Also, during this phase, staff and the acquisition consultant (and its associates) will draft conceptual management plans (for lands for which the County is proposed to have management responsibilities). The fifth phase consists of staff presenting negotiated purchase contracts to the ELAP for consideration and recommendations, and then to the BOCC for approval consideration at a duly advertised public hearing. Staff's presentations under this phase will include analyses and recommendations on funding and management (including drafted conceptual management plans, as applicable). In all cases, staff 22 Revised: December 2023 will advise the Board of ELAP's recommendations. In addition, however, the ELAP may delegate, as it deems warranted on a case-by-case basis, an ELAP member (or members) to present ELAP's recommendations (majority and/or minority reports) directly to the Board. Emergency acquisition procedures are addressed at the end of this chapter, pertaining to circumstances when the normal sequential procedure for land evaluation is not appropriate for a particular property due to immediate development threat and time constraints. The following is a flow chart depicting the land acquisition process and procedure; each phase is described in detail later in this chapter. Chart #1 Land Acquisition Processes/Procedures Phase 1: Review of Directives - Policy/Objective documents review - Fiscal year funding sources identified - Environmental Lands Program Guide evaluated Product: Guide revisions (as warranted) Phase 2: Compilation of Lands (approximately 2 months) - Application review & initial staff recommendations - Compilation of GIS based data and other resources to create the proposed project dashboard - Annual applications/presentations Product: List of proposed and existing projects Phase 3: Evaluation & Prioritization (VRroximately-3 months) - Resource characteristics - Alternate protection methods - Finance/purchase opportunities Product: Completed evaluation/prioritization matrices, ELAP prioritized acquisition list Phase 4: Work plans/Pre-acquisition Tasks/Negotiations - Identification of /application for cost -share funding - Appraisals and negotiations - Management planning Product: Project status summary reports, cost -share funding applications, appraisals, draft conceptual management plans, negotiated purchase option contracts 23 Revised: December 2023 Phase 5: Final Report/BOCC Recommendations - Acquisition/mahagement/funding recommendations - ELAP report to BOCC (by staff and/or ELAP member delegate(s), as determined by the ELAP) Product: final report to BOCC (acquisition/funding/management recommendations) PHASE 1: Review of Directives The first phase of the land acquisition planning process, as applicable to the ELAP, is review and discussion of documents containing environmentally significant lands protection objectives, policies, and strategies. These documents include the ELP Guide, the Indian River County Comprehensive Plan (as may be amended), state and regional conservation land strategy reports, and municipal comprehensive plans. This review should occur in a timeframe to meet recommendation deadlines to the BOCC for fiscal year budgeting, as may be applicable. Moreover, this phase includes a general assessment and discussion of funding strategies, whereby general timetables are ultimately determined to carry out such strategies (reference Chapter IV, Funding/Financing). Review of policy documents should include discussion and analysis of specific policy directives. For example, policies of Conservation Objective 6 and other policies of the County Comprehensive Plan (summarized in the appendices of this Guide) are furthered by the conservation of environmentally significant lands. An assessment should result in answers to questions like the following: Do the policies of Conservation Objective 6 and other County Comprehensive Plan policies serve to satisfy the protection of environmentally significant lands? Do those policies need revision? What actions have occurred to date that contribute to the fulfillment of specific policy commitments? What, specifically, still needs to be done to further protection commitments? How much environmentally significant land, by habitat type, should be protected? The same type of questions should be asked and answered with regard to other policy documents as well, to set the stage for the coming fiscal year's focus and strategies. For example, the "Florida Forever Conservation Needs Assessment" report (Florida Natural Areas Inventory, 2022) provides a statewide GIS based dataset to inform the Florida Forever land acquisition program. The Conservation Needs Assessment data were developed to track the progress of the Florida Forever program in protecting natural resources through land acquisition. Each data layer corresponds directly to a goal and measure developed for the program by the Florida Forever Advisory Council. The primary use of these data layers is to generate statistics reported in new Florida Forever 24 Revised: December 2023 proposal assessments, and the Natural Resource Acquisition Progress Reports produced by FNAI each year. Conservation priorities in the database will be incorporated into the property evaluation documents. County staff will coordinate with the ELAP by gathering information on these subjects and reporting to the ELAP. During this phase, the ELP Guide shall be reviewed and revised, as appropriate. Data from these documents that will used as part of the site evaluation process will be incorporated into the proposed Dashboard Web Application. Funding/financing resource review should also occur periodically to assess the availability of funds. Chapter IV, Funding/Financing, summarizes various funding opportunities. The funding/financing assessment involves ELAP consideration of funding availability as it affects acquisition planning. As mentioned earlier, depending on the funding strategy to be pursued, timeframes and deadlines are established in the first phase of planning to outline implementation steps. Once funding strategies are determined, county staff will periodically report to the ELAP with detailed information as to the status of funding as it affects acquisition and management timeframes and priorities. PHASE 2: Compilations of Lands for Review Once Phase 1 has been completed and the ELAP has determined general strategies to further program directives, the next phase is the compilation of specific properties to be reviewed and evaluated for resource protection consideration. The properties will consist of lands nominated by the general public or other agencies for land acquisition consideration. Each property will be screened by staff to ensure that minimum criteria for evaluation are met. These minimum criteria are detailed in "Minimum Criteria for ELAP Review" within the Appendices. The Cou &Will provide notification of ELAP meeting attend& and other related docuunents on the County's website. The County also will provide .the public with notifications of milestones service announcements, as applicable: It is important, in order to maintain a systematic and manageable approach to land acquisition considerations, that the ELAP establish a procedure by which applications can be submitted to nominate properties for ELAP consideration. Following the initial application periodin 2023, applie�, -submittal shall be allowed at any time of the year. =County staff shall assemble relevant parcel information and background data for consideration by the ELAP. Nominations shall be ranked by the ELAP twice per year, on a schedule approved by the BOCC. Application forms shall be available both online, as well as at a designated location at the County Administration Complex. A copy of the application is included in the appendix of this Guide, for reference. Applications submitted shall be reviewed and evaluated, in accordance with the criteria 25 Revised: December 2023 set forth in the following "Phase 3" section of this Guide, over the twelve-month period following the submittal deadline. PHASE 3: Evaluation/Prioritization Once the group of properties to be reviewed for land acquisition consideration has been compiled (reference Phase 2), the next step is evaluation and prioritization of the list of properties. The ELAP shall use the information provided on nomination applications, as well as supplemental information provided by staff, to conduct a ranking of the identified properties. Staff will request assistance from state and federal agencies, as applicable, in assessing the characteristics of a given property. Moreover, field visits for ELAP members shall be scheduled by staff to aid in the evaluation process. Factors to be considered in evaluating properties have been separated into two general categories: qualitative characteristics and purchase/management factors. The proposed GIS based Dashboard shall assimilate all of these factors for each property so that a central repository for acquisition information is available to staff, the ELAP, and the BOCC. Using this information, an Evaluation/Prioritization Matrix shall be completed for each property, resulting in an assigned score whereby the higher the score, the higher the ranking of the property for purchase consideration. As the Matrix has been developed, a "perfect score" equals 1000 points. The following is a summary of factors to be considered in determining a property's point assignment for each of the ten Matrix evaluation issues. Qualitative factors are used to evaluate lands by their physical characteristics as well as ecological value, and compatibility with resource protection goals. The five qualitative factors to be considered in applying the Evaluation/Prioritization Matrix are listed below, along with a brief explanation for each. Natural Community Evaluation (#1): A property that supports an assemblage of natural communities, and has not been invaded by esinvasives or significantly altered by man - induced activities is expected to have a higher ecological value. Included within this review are the following: • Areal extent of natural lands vs. disturbed lands; lands that have been significantly altered or are heavily invaded by non-native vegetation and wildlife would be expected to be of lower ecological value Biodiversity refers to the variety of living species including plants, animals, bacteria and fungi. Each of these species and organisms work together in an ecosystem to maintain balance and support life. The evaluation of projects would include an assessment of both observed and potential species in order to provide an overall perspective on the biodiversity support for a project area. Items included in this portion of the review include the extent of a particular community type within Indian River County; the areal extent of this 26 Revised: December 2023 community type within existing conservation lands; FNAI (or other recognized standard) conservation status, species diversity, and the presence of endemic and/or protected species. Potential Habitat Value (#2): A property that provides important habitat to wildlife and plant species is desirable for protection. Included within this review are the following: • Recorded occurrences of state and federally protected species • Number of endemic species present (if any) • Species usage — are there roosting, loafing, nesting and breeding areas on site, or are migratory species using the site • Recorded number of desirable species present — higher biodiversity may be indicative of higher habitat value Contribution to a "Wildlife Corridor" or "Greenway" (0): Lands that are proximate to other lands with complementary habitat, thus contributing to a larger wildlife "ecosystem" are of higher value (in most cases) than isolated, inaccessible natural areas. In evaluating this criterion, thought must be given to potential user species. For example, a small "island" of xeric scrub may actually contribute to a series of xeric scrub islands in the region that are valuable habitat for scrub jays, due to their flight capabilities and living habits. Conversely, a species with an expansive home range requires larger, interconnected tracts in order to meet all of their life history needs. This criterion considers also whether the land contributes to conservation priorities identified in the "Florida Forever Conservation Needs Assessment," which is a database of information used to track the progress of protecting natural resources through land acquisition. Additionally, the or -lands that would provide a link to the Florida Wildlife Corridor, or to a "greenway" as recognized by the County or established by the Florida Greenways Commission should receive consideration for their ability to link valuable resources. Landscape Value (#4): this evaluation criteria will address a property's value relative to the surrounding resources, including an assessment of the following: Proximity of project to existing protected areas and/or wildlife corridors — projects adjacent to other conservation lands or wildlife corridors would be viewed, in most cases, as having a higher value for acquisition. Adjacent land uses — projects in proximity to highly developed or highly altered lands are more likely to have a reduced value in the landscape. Project area size — in many cases smaller project areas may be of insufficient size to provide sustainable or manageable habitat, or may not meet the needs of species with specific habitat requirements. 27 Revised: December 2023 • Fragmentation of natural areas — projects that have primarily natural communities and are contiguous and contain intact ecotones and buffers would be considered to have a higher value for conservation. • Water resource considerations — projects that provide a benefit to basin/watershed resources would receive a higher conservation value. These considerations may include: groundwater recharge; contribution to long-term basin/watershed maintenance and sustainability; filtration and/or buffering for downstream waters; and floodplain conveyance and storage. • Resiliency & sustainability assessment — these criteria will evaluate whether a project site will be resilient and sustainable considering issues associated with climate change. The assessment should consider both existing conditions, as well as whether the project area allows for enhancement to increase potential resiliency and sustainability. • Objective 6 "Upland Vegetation Communities" identifies the following natural habitats as lands that should be considered for protection as part of various land acquisition or protection processes: • Coastal Strand • Coastal/Tropical Hammock • Xeric Scrub • Upland Hardwood Hammock • Pine Flatwoods • Dry Prairie A property's contribution to furthering the policies of Conservation Objective 6 and other policies of the County Comprehensive Plan should receive higher consideration. The policies of Conservation Objective 6 and other applicable policies of the Comprehensive Plan are provided in the appendices of this guide. Recreational & Educational Value (#5): Using this criterion, property that provides an opportunity for environmentally significant land protection and also has potential for multiple use (compatible with protection) will receive higher scores in this category. Project assessment would include: • Whether the natural community structure or location provides extensive opportunities for passive recreation such as walking trails, wildlife viewing, picnicking, or other low intensity uses by the public. • Whether the structure of the site provides opportunities for a variety of educational programming related to ecology, conservation, responsible stewardship, and other important environmental issues. 28 Revised: December 2023 Whether the project area and natural communities provide opportunities for volunteerism and/or potential for scientific research by academic institutions, students, non-governmental agencies, or agency personnel. Purchase/management factors come into play when a property is being ranked among others for purposes of acquisition priority. In simplest terms, the goal in the land acquisition is to get the "most for your money" in pursuing fulfillment of environmentally significant land protection objectives. Following are the five purchase / management financial factors to be considered in applying the Evaluation/Prioritization Matrix. Purchase Need vs. Other Protection Methods (#6): Chapter III of the Guide summarizes various protection strategies that can be utilized to protect environmentally significant lands. As set forth in the Guide policy, outright purchase of property should be a last alternative approach. In cases where purchase is the best alternative, a property would be rated high in this category. Alternatives consideration involves a review of protection methods other than land acquisition, as summarized in Chapter III. Since the main objective of the ELAP is the protection of environmentally significant lands, each alternative must be closely scrutinized in its ability to fulfill the protection objective, relating to the specific resource characteristics of a given site. In deciding the pluses and minuses of each protection alternative, the consequences of each protection scenario must be thought out. For example, a "no action" approach on a property with zoning and land use designations that allow single-family residential development at 6 units per acre may potentially result in total elimination of natural resource values. A conservation easement approach, however, may partially preserve the native plant community on site, while not contributing to wildlife habitat needs. Depending on the resource at hand, outright land acquisition may or may not be the necessary alternative. Vulnerability (#7): The threat of conversion of environmentally sensitive lands is a factor from the standpoint of immediacy. The location of a property, its configuration, and existing natural resources should be evaluated to assess whether there is a high likelihood that the lands could be converted to residential, commercial or agricultural uses. When comparing two equally significant resource properties, the property with the most immediate threat of development should be given a higher priority. Additionally, existing regulatory restrictions must be considered in the evaluation process. These regulatory processes would include zoning restrictions that may be in place, as well as other measures such as costly mitigation measures that would be required if a project site were to be developed or otherwise converted. Land Management Constraints (#8): With very few exceptions, natural communities in Florida require some level of management. Many of Florida's natural communities are fire adapted, meaning that the health and integrity of these systems relies on periodic natural or prescribed fires. Additionally, because of the warm climate and abundant rainfall in 29 Revised: December 2023 Florida, nuisance and eKetieinvasive species proliferate here, and are a constant threat to the ecological balance within conservation lands. Land management constraints include: • Adjacent land uses — whether adjacent land uses restrict the effective management or restoration of a project (i.e. implementation of a fire management plan, or limitations on the ability to restore wetland hydroperiods) • Extent of invasion by exetisinvasive species — treatment and management of exetieinvasive species is a long-term commitment. The evaluation of properties should consider the level of effort to eradicate and manage e*etisinvasive species. In addition, the type of exetisinvasive vegetation should be understood - Category i and Category Il species are considered more highly invasive, and pose a higher level of threat to natural communities. • Restoration costs and associated long-term management — properties that have a high ecological value and require minimal restoration and long-term management costs should receive a higher evaluation score. Additionally, a project site that is contiguous with other compatible natural areas management (preferably other conservation lands) may be able to develop a cooperative management strategy benefitting both properties. • Resiliency and sustainability considerations — the evaluation of the project should consider whether climate change may affect the long-term management of the natural areas, or whether there is likely to be a loss or conversion of habitat. • Site protection and security — the evaluation should consider whether the adjacent land uses or site configuration would facilitate vandalism, ATV damage, poaching, or other unauthorized site activities. • Debris and waste — the evaluation should consider the extent of buried or dumped debris, especially hazardous wastes. Cooperative Acquisition Potential & Grant Opportunities (#9): Properties that other agencies have interest in cost sharing with regard to purchase are a better value than properties that must be solely purchased by the local government. Additionally, properties whereby funding grants can be obtained for purchase are a plus. Favorable Market Conditions (#10): A landowner's willingness to sell, as well as market conditions that favor a land purchase which is considered a "good deal," come into play when comparing a number of properties for purchase. Other factors to consider in the category are the existence of leases, easements, or other encumbrances; the number of property owners (fewer owners may result in expedited negotiations); the size of the parcels 30 Revised: December 2023 (large tracts under common ownership are easier to acquire and manage in many cases); and whether the condition of the parcels is consistent with future conservation uses. Phase 3 of the land acquisition procedures is complete when each property under review for purchase consideration has been evaluated for each of the referenced criteria, using the Evaluation/ Prioritization Matrix (a copy of which is in the Appendices). The Matrix has "weighting multipliers" for each of the ten criteria, which give certain factors more importance than others for purposes of prioritization. Ultimately, each property is given a total weighted score and grouped accordingly. Property grouping will consist of county staff calculating a point total for each property, which will be reported to the ELAP and modified as necessary based on review and consensus. The properties will then be placed into a Tiered system for work in Phase 4. Tier 1 properties will be grouped as the first priority in development of work plans and pre-acquisition negotiations. By grouping the properties into Tiers, is in the intent to work on all properties in a Tier concurrently thereby reducing delays by focusing on the highest to lowest valued sites individually. PHASE 4: Work Plans/Pre-Acquisition Tasks/Neeotiations It is anticipated that phases 1-3 will have resulted in the elimination of some of the originally reviewed properties from acquisition consideration. The next step is a re -assessment of the three Tiers to include any additional properties that have been submitted and evaluated, and then the ELAP will present to the Board a revised summary of the acquisition parcels for the Board to review and approve. Properties that have been grouped into a Tier on the ELAP's acquisition documents can be considered for removal from consideration during the re-evaluation process, and at no other time (unless purchased), or if 60 -days' notice is given to the property owner and to the ELAP prior to the discussion for project removal. Properties recommended and removed from the Acquisition List by the ELAP shall be reported by county planning staff to the BOCC. Prior to submittal to the Board of any proposal for the purchase of any property listed on the ELAP Acquisition List, County staff and the acquisition consultant shall complete its due diligence investigation and review of the proposed purchase terms. Due diligence investigation and review shall include, without limitation, independently conducted appraisals and, prior to closing of Board approved purchases, title searches and commitments, surveys, environmental assessments and any other items deemed necessary by County staff in connection with the proposed acquisition. County staff shall provide to the ELAP, within the confines of confidentiality requirements, data obtained from the investigation for review prior to submittal of the Board agenda item, to assist the ELAP in preparing its recommendations to the Board. The due diligence investigation and review shall be consistent with (i) Chapters 125 and 286, Florida Statutes, and (ii) if applicable for certain cooperative projects, Chapter 253, Florida Statutes and the procedures of the Division of State Lands ("DSL"), Bureau of Appraisals and Bureau of Survey and Mapping of the Department of Environmental Protection (the "Bureau") and shall at minimum include: 31 Revised: December 2023 (a) with respect to environmental assessments, the assessments must meet the standards and requirements established by the County and required by any applicable County Ordinance or regulation, or DSL. For purposes of Cooperative Projects with the State, the assessments must meet the standards and requirements of DSL. The person(s) conducting any assessments shall be competent, licensed professional(s) or County assigned personnel, and any reports must be certified to the County and/or cooperating agency; (b) with respect to surveys, all surveys must meet the minimum technical standards and requirements of the Florida Board of Professional Land Surveyors and include acreage determinations, boundary stakes, preparation of legal description, boundary maps and state plane coordinates, or DSL standards. For purposes of Cooperative Projects with the State, the surveys must meet the standards and requirements of the Bureau. Aunraisal Requirements: Auproved Appraised Value. Appraisals of property to be acquired by the County will comply with and be reviewed in accordance with this section. Techniques and methods used by fee appraisers, for appraisal reports and reviews, shall substantially comply with the Uniform Standards of Professional Appraisal Practice as defined under Chapter 475, F. S. For property to be acquired jointly with another public agency, staff may elect to follow the appraisal procedures of that public agency, to the extent those procedures differ from those contained in this section. Staff and the acquisition consultant will provide to the fee appraisers a title report, a survey or appraisal map, a specification of the right to be acquired, a list of items, if any, considered to be non -compensable, and any supplemental appraisal requirements that apply. Items required to be submitted to the fee appraisers may be modified, or eliminated, if staff determines they are unnecessary to obtain an appraisal sufficient to protect the public interest under the requirements of this section. Appraisal reports will be accompanied by a sales history of the parcel for at least the prior five years. The sales history will list those parties to each transaction involving the subject parcel as well as the consideration paid, with the amount of consideration verified, if possible. At least one appraisal will be required for each property purchased for an amount of less than $500,000. At least two appraisals will be required by each property purchased for an amount of $500,000 or greater. When two appraisals are required under this section and they differ significantly, staff will request that the fee appraisers review the differences in their reports to attempt to rectify their value conclusions in order to bring the appraisals within an acceptable divergence. If the fee appraisers cannot so rectify their values, a third appraisal may be obtained. Two appraisals will be considered to differ significantly if the higher of the two values exceeds the lower value by at least 20%. The County Administrator may decide not to obtain a third appraisal if they decide to attempt to negotiate an acquisition price of no more than 120% of the lower of the two appraisals. For purposes of this section, "approved appraised value" means the maximum amount in dollars which may be paid to a seller in accordance with the procedures herein. The approved appraised 32 Revised: December 2023 value is not intended to be used as a negotiating value, or target price, but merely an upper limit. The approved appraised value for negotiation will be as follows: (a) The appraised value approved for negotiation will be the value indicated in a single approved appraisal if only one appraisal is required. If two appraisals are obtained and approved when only one is required, the approved appraised value will be the higher of the appraisals, regardless of their divergence. (b) If two appraisals are required and their values do not differ significantly (i.e. less than 20%), the approved appraised value for negotiation will be the higher value indicated in the two approved appraisals. (c) If a third appraisal is obtained and approved, the approved appraised value will be the value of the higher of the two closest appraisals, as long as the two closest appraisals do not differ significantly. If the two closest appraisals differ significantly, 120% of the lower of the two closest appraisals will be the approved appraised value. Staff may obtain a review appraisal when such a review would be required or desired by a joint acquisition partner; when two appraisals reflect significantly different assumptions, analyses, conclusions or comparable sales which appear to affect the opinions of value; or when the County Administrator determines that County consideration of the acquisition would be benefited by the obtaining of such a review. Nesotiations Owner contact, whether pre -negotiation or negotiation, will be through staff or the County's authorized representative; all offers and counteroffers will be in writing. Staff and the acquisition consultant will formulate a negotiation strategy for each acquisition of property prior to the commencement negotiations. The objective of all purchase negotiations shall be to obtain the appropriate interest in land, without encumbrances or other restrictions that render the land unsuitable for the management goals for which it is sought to be acquired, at the lowest possible price. In the course of negotiations, staff and/or the acquisition consultant will discuss the advantages of a donation or bargain sale, including the potential for a seller to claim a federal income tax deduction or other advantageous tax treatment. As an incentive for sellers to sell (or donate) property at a discount (below the approved appraised value), it shall be the County's policy to verify a discounted purchase price and to provide other pertinent information, as applicable, on a seller's appropriate federal income tax form, if so requested by the seller. When negotiating the purchase of properties that include wetlands or potential state-owned sovereignty lands, staff and the acquisition consultant will discuss with the seller the benefits of obtaining a safe upland line survey, as opposed to a mean high water or ordinary high-water survey. In its negotiations, staff will consider the benefit to the owner of receiving cash. As early as possible in the negotiations, staff will notify the landowner in writing that final purchase approval is subject to affirmative action by the Board, and of the governing body or other 33 Revised: December 2023 appropriate authority of any cooperating acquisition agency. When the landowner is represented by an agent or broker, negotiations may not be initiated or continued with the agent until a written statement signed by the landowner verifying the agent's legal or fiduciary relationship with the owner is on file with the County. During the course of negotiations, a property may be given an "inactive status" if no landowner (or landowner agent) contact has occurred for 6 months or more due to lack of response on the part of the landowner(s). When the ELAP designates a property as "inactive," staff will notify the landowner that no further County action or negotiations will occur unless initiated by the landowner. The landowner will also be advised that in the meantime the County will continue to actively negotiate the purchase of other properties, and the longer the landowner waits, the less likely that funds will be available for County purchase of his or her property. The maximum price to be paid for an acquisition will be the approved appraised value. Notwithstanding, in accordance with Section 253.025 (1)(b) If the agreed purchase price exceeds the average appraised price of the two appraisals, the governing body is required to approve the purchase by an extraordinary vote. The governing body may, by ordinary vote, exempt a purchase in an amount of $100,000 or less from the requirement for an appraisal. Conceptual Management Plan Once County staff and the acquisition consultant negotiate terms of a purchase option contract, staff and the acquisition consultant (and its associates) will develop a conceptual management plan consistent with Chapter VI of the ELP Guide. The conceptual management plan will be drafted in accordance with cost -share partner criteria, as applicable, and will be presented to the ELAP and to the BOCC for consideration in conjunction with ELAP and Board consideration of purchase option contracts. Resolution 22-016 requires that public access improvements and ecological restoration and management are included as part of the acquisition cost for conservation lands. The management plan will provide a summary of these costs so that the BOCC may review this information as part of their consideration of properties to acquire. PHASE 5: Final Report and Recommendations; Confidentiality To the extent consistent with applicable confidentiality requirements, once the appraisals have been conducted and negotiations have commenced, plaafgag staff will regularly report the status of negotiations to the ELAP. The ELAP will review the status of negotiations and may recommend revisions to work plans and make recommendations for acquisition to the BOCC. Confidentiality of Appraisals, Offers and Counteroffers. (1) When required by County cost -share acquisition partners, appraisal reports, offers and counteroffers, prepared or received in accordance with the County's acquisition of property, are confidential and exempt from the provisions of Section 119.07, F. S., until an option contract is executed or, if no option contract is executed, until 30 days before a 34 Revised: December 2023 purchase instrument is considered for approval by the Board. However, staff may disclose appraisal reports or other confidential information to public agency or nonprofit joint acquisition partners where the agency or partner has committed to joint acquisition with the County, and all individuals who will be privy to confidential information have signed a confidentiality pledge acceptable to staff. In certain circumstances, the County may opt not to exercise confidentiality of appraisals and negotiations, when it does not conflict with cost -share partner requirements (i.e., "pre -acquisitions" or non -partner acquisitions) and when it is in the County's interest. The County may release an appraisal report when the passage of time has rendered the conclusions of value in the report invalid, or when the County has terminated negotiations. However, once appraisals have been made public, they will not again be used as appraisals approved for acquisition by the County. (2) Appraisals, including any review appraisal, may be submitted to the ELAP for its review, but only in conjunction with ELAP consideration of a contract negotiated by the County and executed by the seller. Under this circumstance, appraisals and reviews will be made public at the time of their submittal to the ELAP, provided the timing is such that a purchase instrument for the property is scheduled for Board approval consideration within 30 days, as heretofore explained, unless precluded by the cost -share partner. The ELAP's recommendation for project acquisition is presented to the County Commission at a duly advertised public hearing, along with a staff assessment report, conceptual management plan and the appraised value at the next available Commission meeting. Once an option contract has been executed by the seller and the ELAP has made a recommendation on whether the County should or should not purchase a property at the negotiated purchase price, the matter will be presented to the BOCC, including a report of the ELAP's recommendations for the Board's consideration. If the project proposal does not receive the necessary votes for acquisition by the Commission, then the application will be eliminated from consideration, unless re -nominated in the next fiscal year review cycle or unless there is direction from the County Commission to continue consideration. With regard to properties approved for acquisition by the BOCC, county staff shall work with the applicable landowner in finalizing transactions. Project proposals approved by the Commission for inclusion into the Indian River County Pparks, end-Rrecreation and Conservation system shall be forwarded to the Public Works Department and the Planning Division for input during the development of public access improvements and restoration for conservation areas.paik ae*e1epfnen4 P fejeet proposals designate f r ...,.+ehin,. If a project proposal is co-sponsored by another agency in cooperation with Indian River County, that agency shall be notified of the action taken by the County Commission. If the County Commission votes for project acquisition, then the County and the participating agency shall 35 Revised: December 2023 negotiate the acquisition price. The management responsibility of the project shall also be negotiated. State Law All real property acquisitions shall comply with the provisions of state law including, but not limited to, those imposed by Chapter 125 and Chapter 286, Florida Statutes. In addition to the special requirements of Section 125.37, Florida Statutes, relating to exchanges of County property, the requirements imposed by this Guide shall apply to the property being received by the County in any exchange. Purchase Neeotiations with Profit and Nonprofit Organizations (a) Authorization. The Board may authorize a profit or nonprofit organization as defined in section 501 (c)(3) of the Internal Revenue Code, to negotiate with the owners of qualified lands hereunder, to determine specific terms upon which an owner would be willing to sell said land. When negotiations terminate, a copy of the organization's negotiation file shall be provided to the County. (b) Acquisition Documents. The organization may obtain an option to purchase and offer the results of its negotiations to the County together with a transfer of the option to purchase after recommendation for purchase of the land by the FLAP. (c) Non -Exclusive Authority. This authorization to negotiate is non-exclusive and shall not preclude an owner of land from negotiating with the County or other third party if he or she so chooses. (d) Nonagency. In no event shall this Guide, the authorization herein, or an organization's negotiations create an agency relationship, express or implied, between an organization and the County. The County shall not be bound to any person or entity to approve or consummate any purchase, or exercise any option to purchase, as a result of the organization's negotiations, or any other act or omission of the organization involving any land, unless and until approved by formal action of the Board. Any transaction shall be subject to implementation upon approved documents and in accordance with County policies. Emereency Acquisition While it is most desirable to plan for all land acquisition in accordance with the procedures set forth in this guide, it is recognized that under some circumstances such planning is not possible. Emergency situations occur which may require expeditious actions that will not permit the expenditure of time required in the normal planning and review process; it is administratively desirable to bring such matters to the County Commission's attention in a short timeframe. Before any action can take place, an emergency acquisition situation must be declared. This may be an independent ELAP decision, a directive from the BOCC, or a joint determination by the 36 Revised: December 2023 ELAP and the appropriate local, state or federal agency. An emergency can be declared only if at least one of the following conditions exists: -- Critical habitat or natural resources not on the priority list are identified as being under an unforeseen immediate threat of destruction or damage. -- Previously identified habitat or natural resources listed on the priority list are under immediate and unforeseen threat. -- An immediate opportunity exists for cost -share purchase of critical habitat or natural resources in conjunction with another agency. The following steps must be followed to obtain the County Commission's approval in a defined emergency situation: -- Staff shall develop a justification report for the action, including an environmental assessment, (a brief discussion of important impacts will suffice). -- Applicable local, state or federal agencies that may have participated in an acquisition study or in funding relating to the property shall be contacted. -- The Chairperson of the ELAP, through the ELAP Liaison, shall call a meeting for the purpose of reviewing the problem on no less than 48 hours' notice, and, on the affirmative vote of a majority of the ELAP members voting with a quorum present, the ELAP Liaison shall advise staff to prepare a County Commission agenda item with ELAP recommendations pertaining to the matter. If the emergency acquisition review is initiated via a directive from the BOCC, the ELAP shall, in all cases, report to the Board with recommendations (within a time -frame specified by the Board, as applicable). 37 Revised: December 2023 CHAPTER VI LAND MANAGEMENT Acquisition of lands for conservation purposes requires a commitment to long-term land management. Historically, the habitats we enjoy today were maintained and transformed by natural cycles of fire, weather and flowing waters. Habitat fragmentation by roads, development and other human disturbances creates challenges for land managers. As a result, the primary focus when undertaking land management is restoring and maintaining, to the extent feasible, the natural processes that influence the function and species composition of our diverse natural communities. Examples of land management activities include: securing property boundaries, implementing prescribed fires, removing invasive plants and animals, restoring hydrological cycles, re -vegetation of barren areas, and creating public access trails. Restoration and management of acquired conservation lands is a key aspect of the County Environmental Lands Program. In this chapter, the process for developing and implementing a land management plan is outlined. Additionally, the potential funding opportunities to assist the County with implementation of management plans is presented in this section. RESPONSIBILITIES The development and implementation of an effective land management plan is the responsibility of the Conservation Lands Manager. This position is supported in these efforts by Conservation Lands Program field crews and other supporting staff. The Parks and Recreation Division and other County Department also provide support for land management planning and implementation. The following narrative provides a summary of the conservation land management process. Manaaement Plannine Development of conceptual management plans for acquired conservation lands is important to layout site-specific management needs, strategies, costs and timelines for each conservation area. Cost -share agencies such as the Florida Communities Trust require the County to develop management plans prior to closing joint purchases or, for pre -acquisitions, prior to cost -share funding reimbursement. Management plans for properties acquired with cost -share partners, which accounts for most acquisitions, must be written in accordance with cost-sharing agency guidelines. A land management plan generally is broken down into three components: (1) a Resource Management Component; (2) a Land Use Component; and (3) an Implementation Component. These three elements are interrelated, meaning in this case that each component overlaps or is dependent upon the actions of the others. The Resource Management Component provides a detailed inventory and assessment of the natural and resources of a conservation tract. Resource management needs and issues are identified, and measurable management objectives are established for each of the conservation area's management goals and resource types. This component provides guidance on the application of such measures 38 Revised: December 2023 as prescribed burning, exetieinvasive species removal, imperiled species management, and restoration of natural conditions. The Land Use Component is the recreational resource allocation plan for the conservation area. Measurable objectives are established to address factors such as access, population, adjacent land uses, the natural resources of the property, current public uses, and existing amenities or other development. Each of the factors should be provided consideration when determining the ultimate allocation of space within the conservation areas. These objectives consider the appropriateness of the potential use of each area, and propose the types of resource-based recreation and associated facilities and programs to be provided. For conservation lands, it is required that these intended uses are in harmony with the overarching resource management component described above. The Implementation Component consolidates the measurable objectives and actions for each of the property's management goals. A schedule for implementation of actions, and cost estimates are included for each objective and action. Included in this table are (1) measures that will be used to evaluate the County's implementation progress, (2) timeframes for completing actions and objectives and (3) estimated costs to complete each action and objective. The implementation component addresses the administrative goals, and reports on the County's progress toward achieving resource management, operational and capital improvement goals and objectives for each conservation area. This component also compiles the management goals, objectives and actions expressed in the separate parts of this management plan for easy review. All development and resource alteration proposed in these management plans are subject to the granting of appropriate permits, easements, licenses, and other required legal instruments. Approval of the management plan does not constitute an exemption from complying with the appropriate local, state or federal agencies. County staff and the County's Environmental Lands Program consultant (and its associates) are responsible for developing management plans. Staff will present management plans to the ELAP for review and recommendations, and then to the County Commission for final approval. County staff and/or a designated ELAP representative shall report ELAP recommendations on management plans to the County Commission when the Commission considers the plans for approval. Management Implementation Management of conservation lands is the responsibility of the Conservation Lands Program. This program consists of a Conservation Lands Manager assisted currently by 4 staff. Two of these staff members are field employees. The Conservation Lands Program has the assistance, when needed, of the County Parks Maintenance Division. The Parks Maintenance Division is staffed currently by 27 field employees and manages all units in the park system. Volunteer support to help provide public access, interpretive and educational activities, and resource management assistance is encouraged and coordinated by the Conservation Lands Manager. Local high school and collegiate science clubs, members of the Eugenia Chapter of the Native Plant Society, the Pelican Island Audubon Society, the Environmental Learning Center, the 39 Revised: December 2023 Florida Oceanographic Society, the Clean Water Coalition, Indian River County Historical Society and other organized groups and individuals may provide valuable assistance in operation, interpretation and resource enhancement activities of conservation lands. The Parks Division may employ contract labor, as needed, for resource management tasks and public access improvements. Resource management activities are the responsibility of the Conservation Lands Manager. County staff, contract labor and volunteer labor will undertake tasks such as exetieinvasive plant removal and restoration of native vegetation. Assistance for resource management projects may be coordinated agencies such as the Indian River Mosquito Control District, The Florida Fish and Wildlife Conservation Commission (FWC), the U.S. Fish and Wildlife Service and the St. Johns River Water Management District. Assistance with prescribed fire management planning and prescribed burning will be sought from the Florida Forest Service. The Conservation Lands Manager will also seek cost -share funding for management tasks by applying for cost -share grants through such programs as the Florida Inland Navigation District Waterways Assistance Program; the Florida Greenways and Trails Program; the Florida Recreation and Development Assistance Program (FRDAP); the FWC Invasive Upland Plant Removal Program; the Indian River Lagoon National Estuary Program, and other potential sources. Progress Reporting The Conservation Manager drafts annual stewardship reports for those conservation areas with cost -share acquisition partners that require annual reporting (i.e., the FCT). Each stewardship report includes a review of provisions of the conservation area management plan and serves to update the resource inventories for each property. In addition to resource enhancement and protection, development of public facilities is another component of the management of conservation lands. Conceptual management plans include details concerning the need and function of various public access improvements, such as boardwalks, restrooms, trails, and picnicking areas. The progress of these improvements, including the design, permitting and construction milestones, is reported on a percent -complete basis. After facilities are developed, the Conservation Lands Manager estimates annual visitation and includes a summary of use of the project site by organized groups in annual stewardship reports. Annual stewardship reports will serve to update conservation area management plans. Management plans may be updated to address specific planned and unplanned events. Changes, if any, in the management regime or the conceptual development scheme described in the plans will be explained in detail in the annual stewardship reports. KEY MANAGEMENT ACTIVITIES The following list summarizes key management activities typical to conservation areas, in priority order. Each conservation area management plan includes a tentative timeline for management activities. The timing of management activities is subject to adjustment, as scheduling depends on 40 Revised: December 2023 the availability of funding, staffing and inter -governmental assistance for the management of project sites. 1. Install boundary fencing (optional, depending on site-specific characteristics). 2. Complete a land use map based on Florida Natural Areas Inventory (FNAs classifications and priorities 3. Inventory plant and animal species. 4. Develop exetieinvasive plant removal and revegetation plan. 5. Identify other restoration/enhancement needs (e.g. hydrologic improvements) 6. Identify opportunities and seek funding for natural community enhancement efforts. 7. Initiate public access design planning. 8. Layout and create a trail network for public access, where appropriate. 9. Initiate exetieinvasive vegetation plant removal. 10. Implement continuous follow-up treatment program for exetieinvasive plants. 11. Develop mechanical fuel reduction/prescribed fire management plans (for scrub communities). 12. Begin fuel reduction and fire management activities (for scrub communities). 13. Initiate any permitting required for construction of public access improvements. 14. Contract reconnaissance level cultural resources survey (on sites suspected to have cultural resources) 15. Construct and begin maintenance of public facilities. Boundary Fence (Optional Perimeter fencing serves to define conservation area boundaries and prevent, in some circumstances, yard encroachments from adjacent landowners. Perimeter fences also serve to control public access and deter uses detrimental to resource conservation (e.g., off-road vehicles). The need for fence lines along entire perimeters of conservation lands varies with site conditions. For example, it may not be necessary to install fence lines along boundaries with wetlands or other natural impediments that limit uncontrolled access. Relatively low-cost agriculture "field fence" (wooden posts and wire -mesh without barbed wire) is typically used vs. other fence types. In certain cases, fencing of another design may be warranted (i.e., wooden privacy fence or chain-link fence) due to adjacent land uses, subject to County Commission approval. Land Use Mapping & Plant and Animal Inventory During the first year after acquisition of a conservation property by Indian River County, County staff will complete reconnaissance of each property to produce a land use map of the natural communities and other features of the site (e.g. disturbed lands, structures, etc.). Concurrent with this mapping, staff will develop a comprehensive plant and animal species list. Information gathered by these surveys will guide further resource management planning and the design processes for public facilities. The plant and animal inventory ensure maximum protection of native biota on a site under management by the County. Protected species will be located and mapped 41 Revised: December 2023 during these surveys. Information obtained from the survey will be used in the design of public facilities to minimize impacts to protected species. Nuisance & FxetieInvasive Vegetation Management Within one year of acquisition of a conservation area, Indian River County will develop a comprehensive plan and schedule for removing nuisance and exetieinvasive vegetation from the conservation lands. The exetieinvasive plant control plan will also include a re -treatment and maintenance component to guide continuous monitoring and herbicide application, mechanical, and/or manual treatment of volunteer plants. Control of nuisance and exetieinvasive vegetation will be on-going, as the establishment of new species and re -colonization of treated species is an ever- present threat. Mechanical Treatment and Fire Management Sand pine scrub, xeric oak scrub, mesic pine flatwoods and scrubby flatwoods are "fire -adapted" plant communities whereby endemic flora and fauna of these communities benefit from periodic burns. In most cases on acquired conservation lands, fire has been suppressed for many years due to development pressures fragmenting large areas, and the response of fire crews to extinguish fires that threaten developed lands. As a result, habitats in these plant communities are not optimal and "fuel loading" occurs, which increases the severity and danger of uncontrollable wildfire. Fire is an important function of these areas and is necessary to keep them ecologically healthy and safe. Restoration of "natural" fire regimes in these fire -adapted communities is a management priority under the County's Environmental Lands Program. The primary management tool for scrub and scrubby flatwoods communities will be the introduction of prescribed burns, with the assistance of the Florida Forest Service. Buildup of duff (leaf litter) and increases in the height and density of vegetation contributes significantly to uncontrollable fires, and typically results in a reduction in species diversity (and corresponding potential habitat). Prior to the reintroduction of fire, mechanical fuel reduction (through roller chopping, canopy thinning, or shredding understory vegetation) measures may be necessary to maintain control of prescribed fires. In addition, it is likely that defensible space (firebreaks and harrow lines) will be developed to provide a measure of confidence that fire can be controlled when it is reintroduced. Cultural Resources Surve On conservation lands suspected to support cultural resources, a Level I cultural resource survey will be conducted prior to construction of public access improvements. This survey is also required in the event that public access improvements require issuance of an Environmental Resource Permit (ERP) from the State for construction. If recommended by the Level I Survey report, site-specific surveys by qualified archaeologists will be conducted during the design of public access facilities. The collection of artifacts or the disturbance of archaeological and historical sites at a conservation area will be prohibited without authorization from the Department of State, Division of Historical Resources. Appropriate protective measures will be taken in the event cultural sites are discovered on a property in the future. Management of cultural resources will be coordinated with the Division of Historical Resources. 42 Revised: December 2023 Public Access Facilities Conservation of natural resources is the primary objective of the County Environmental Lands Program. A secondary objective is public access for passive recreational use that is compatible with resource conservation. For most of the land acquisitions under the program, the County is committed to providing public access improvements as a condition of a cost -share acquisition grant (e.g., FCT grant awards). Notwithstanding grant award conditions, public access to conservation lands serves the County's own objective of providing passive recreational opportunities for citizens of the Indian River County. Public access facilities typically planned for County conservation lands include: low -intensity parking areas; kiosks and education sign displays; nature trails; boardwalks; and overlooks. Other improvements, depending on property location, size and anticipated use, may include: restrooms; pavilions; picnic areas; outdoor classrooms; canoe landings; or boat docks. Public access facilities will be designed to minimize impacts to native flora and fauna. In most cases, construction of public access facilities will occur only after initial resource management tasks are completed (e.g., timber harvesting, prescribed burns), to prevent reduce management and use activity conflicts. Management plans for each conservation area will include tentative timelines for design and construction of public access improvements. Those timelines, however, will be subject to revision, depending on the availability of funding from the environmental lands bond fund, from the County Conservation Lands budget as approved by the County Commission, from cost -share grants, or other funding sources (as described in the following section of this Guide). COSU/FUNDING Resource Management and Development Cost Estimates Management plans for each conservation area include preliminary cost estimates for resource management and public access improvements, based on current market costs (at the time of management plan drafting) and estimated quantities for resource management and public access improvements outlined in the plans. The estimates assume that the County will augment the County staff tasked with resource management with private contractors on an as -needed basis. These costs may be significantly reduced by seeking grant funding or by the use of volunteer labor to accomplish the work, where appropriate. Some adjustments in preliminary cost estimates may be necessary as more detailed plans are developed. Over time, market conditions and prevailing rates of inflation in the general economy may act to increase or decrease actual costs for contract services and construction. Funding Sources Several sources of funding are available for management and development of conservation lands. Funding from the County environmental lands bond fund may be used to provide for initial resource management improvements and initial public access capital improvements. County mitigation 43 Revised: December 2023 accounts for upland and wetland enhancement projects may also be applied. The County's tree removal violation fines account is a third source of funds for resource management activities. Operations, staffing and development funds are annually budgeted by the County Conservation Lands Program, subject to County Commission approval. Matching funds may be obtained through various grant programs, and from donations of cash, materials or labor by local businesses and citizens. 44 Revised: December 2023 APPENDICES A. Glossary B. Environmental Land Acquisition t- arcel Nomination For C. County Resolution No. 2022-01 (To Be Added When Adopted) D. I.R.C. Comprehensive Plan Policy Excerpts E. ELAP Evaluation/Prioritization Matrix F. Minimum Criteria for ELAP Property Review 45 Revised: December 2023 A. GLOSSARY: Acronyms, Definitions and Terms ACRONYMS ARC Florida Forever Program Acquisition and Restoration Council ATV All -Terrain Vehicle CARL Conservation and Recreational Lands CELCP Coastal and Estuarine Land Conservation Program CPI Coastal Partner Initiative DOI Department of Interior DSL Division of State Lands ELAP Environmental Lands Acquisition Panel ELP Environmental Lands Program FCT Florida Community Trust FDEP Florida Department of Environmental Protection FNAI Florida Natural Areas Inventory FRDAP Florida Recreation Development Assistance Program FRDAP Florida Recreation Development Assistance Program FWS US Fish & Wildlife Service GIS Geographical Information System IRL Indian River Lagoon IRLNEP Indian River Lagoon National Estuary Program LWCF Land and Water Conservation Fund NAWCA North American Wetlands Conservation Act NOAA National Oceanic and Atmospheric Administration NPS National Park Service SJRWMD St. John's River Water Management District SMWW Stan Mayfield Working Waterfront SOR Save our Rivers WMD Water Management Districts DEFINITIONS AND TERMS The following terms and definitions are to aid in interpreting this manual. Acquisition Consultant. A consultant retained by the County to provide services to implement the County's environmental lands acquisition program in coordination with the Indian River County 46 Revised: December 2023 Environmental Lands Acquisition Panel (FLAP) and County staff, This involves contacting the property owner(s), identifying cost -share opportunities, selecting-aROWsers, reviewing ftraisals, developingan n acquisition strategy, and negotiating the sale. Once negotiat o s have been successfully concluded and an option contract executed, other pre-acquisition activities, such as selecting surveyors, conductingsurveys, urveys, managing environmental assessments, developing management &M, and others, are undertaken. In conjunction with county staff, the acquisition consultant will undertake and manage the above referenced activities. Acquisition Study. A compilation of facts, data and information which will support a recommendation by the ELAP to the County Commission for a land acquisition decision. A proposal for the Florida Forever Program, or other comprehensive land acquisition process may serve as an acquisition study. Due Diligence. Investigation and review of property prior to acquisition, including, without limitation, independently conducted appraisals, title searches and commitments, survey, environmental assessment and any other items deemed necessary by County staff in connection with a proposed acquisition. Important Resource Problem. An issue of substantial environmental concern found within Indian River County. The ELAP selects and establishes priority ranking for important resource problems. Interest. A right, claim, or legal share in land such as lease, easement, fee title, water rights, mineral rights, and use reservation. Environmentally Endangered Lands. Environmentally unique and irreplaceable lands that are valued ecological resources. The Florida Forever Program Acquisition and Restoration Council (ARC) identifies the following goals, performance measures and criteria for selecting Environmentally Endangered Lands: Goal A: Enhance the coordination and completion of land acquisition projects Goal B: Increase the protection of Florida's biodiversity at the species, natural community, and landscape levels Goal C: Protect, restore, and maintain the quality and natural functions of land, water and wetland systems of the state Goal D: Ensure that sufficient quantities of water are available to meet the current and future needs of natural systems and the citizenry of the state Goal E: Increase natural resource-based public recreation or educational opportunities Goal F: Preserve significant archaeological or historic sites Goal G: Increase the amount of forestland available for sustainable management of natural resources Goal H: Increase the amount of open space available, in urban areas Goal I: Mitigate the effects of natural disasters and floods in developed areas 47 Revised: December 2023 Environmentally Important Lands. Policy 6.11 of the Conservation Element of the Indian River County 2030 Comprehensive Plan states "Undeveloped tracts of xeric scrub and coastal/tropical hammocks 5 acres or larger shall be deemed environmentally important, in recognition of their scarcity and natural values, and in recognition of the public interest in encouraging the conservation of plants and animals associated with these vegetation communities. The county shall encourage the conservation of xeric scrub and coastal/tropical vegetative communities by establishing density transfer and cluster development incentive land use regulations to apply to these environmentally important areas." Environmentally Sensitive Lands. Policy 5.4 of the Conservation Element of the Indian River County 2030 Comprehensive Plan states "In recognition of the many natural functions and values of estuarine wetlands, and in recognition of the need to protect these resources from incompatible land uses for the sake of the public interest, all estuarine wetlands habitats shall be deemed environmentally sensitive and designated C-2, Estuarine Wetlands Conservation, on the comprehensive plan future land use map. Consistent with Future Land Use Policy 1.31, the specific boundaries of estuarine wetlands and the C-2 designation shall be determined on a site -by -site wetland survey basis." Environmentally Significant Lands. Lands with natural features that warrant conservation and protection in the public interest. The term includes those lands defined herein as "environmentally endangered", "environmentally important", and "environmentally sensitive." "Environmentally significant lands" also include: native plant communities which are not necessarily endangered but are pristine and representative of the community type; and, altered ecosystems with reasonable potential for restoration to correct environmental damage that has occurred. Florida Forever Act. Legislation (259.105, F.S.) adopted by the State in 1999, creating a 10 -year, $3 billion land and water conservation program, succeeding the 10 -year Preservation 2000 program that was established in 1990. Pursuant to 259.105(4), F.S., the Florida Forever Acquisition and Restoration Council shall pursue projects that contribute to the achievement of the following goals: (1) Enhance the coordination and completion of land acquisition projects (2) Increase the protection of Florida's biodiversity at the species, natural community, and landscape levels (3) Protect, restore, and maintain the quality and natural functions of land, water, and wetland systems of the state (4) Ensure that sufficient quantities of water are available to meet the current and future needs of natural systems and the citizens of the state (5) Increase natural resource-based public recreational and educational opportunities (6) Preserve significant archaeological or historic sites (7) Increase the amount of forestland available for sustainable management of natural resources 48 Revised: December 2023 (8) Increase the amount of open space available in urban areas (9) Mitigate the effects of natural disasters and floods in developed areas Florida Wildlife Corridor Act. Chapter 259.1055, F.S. describes the Florida Wildlife Corridor Act. This law was enacted in 2021 for the purpose of creating incentives for conservation ad sustainable development while sustaining and conserving the green infrastructure that is the foundation of the state's economy and quality of life. The Act seeks to: (1) maintain wildlife access to habitats needed to allow for migration of and genetic exchange amongst regional wildlife populations (2) prevent fragmentation of wildlife habitats (3) protect the headwaters of major watersheds (4) provide ecological connectivity of the lands needed for flood and sea -level rise resiliency and large-scale ecosystem function, such as water management and prescribed burns essential for land management and restoration (5) preserve and protect land and waters that are not only vital to wildlife but are critical to this state's groundwater recharge and that serve as watersheds that provide drinking water to most Floridians and help maintain the health of downstream estuaries (6) providing for wildlife crossings for the protection and safety of wildlife and the traveling public (7) help to sustain this state's working ranches, farms, and forests that provide compatible wildlife habitats while sustaining rural prosperity and agricultural production Greenway. A corridor of protected open space that is managed for conservation and/or recreation. Greenways associated with water bodies may interchangeably be referred to as "blue ways." Inactive Status. A designation given to sites on the ELAP Acquisition List when no landowner contact has occurred for 6 months or more due to lack of response on the part of the landowner(s). When a site is designated as inactive, generally no further County action or negotiations will occur unless initiated by the landowner. Indian River County Environmental Lands Program Guide. This document, adopted by the BOCC, serves as the ELP Guide. Interest. A right, claim, or legal share in land such as lease, easement, fee title, water rights, mineral rights, and use reservation. 49 Revised: December 2023 Land Acquisition. The gaining of rights to real property in the form of fee simple title, easement or lease. This can be accomplished by direct purchase; exchange; transfer; donations; or by cooperative agreement, including condemnation. Natural Community. Identify, acquire and protect those natural communities that are inadequately represented within existing protected lands, or represent the best examples of natural communities with priority given to the most endangered or threatened. To ensure consistency of natural community descriptions, the Florida Natural Areas Inventory Classification (FNAs System, as amended by the Office of Natural Resource Management will be used as the standard. Objective. An end toward which concerted effort is directed. It is a precise statement of purpose (preferably sufficiently detailed so as to be measurable), including at least two of the following elements: time limit (when it must be accomplished); standard of performance (percentage, amount or dollars) or criterion of measurement (test, questions, opinion or observation). Policy: Indian River County will acquire lands consistent with the resource conservation goals, objectives, policies, and guidelines as set forth in the County's 2030 Comprehensive Plan, the Environmental Bond Referendum, the ELP Guide (as ratified by the BOCC), enabling legislation, administrative rules and executed declarations. Program Memorandum. A document issued by the ELAP providing short term (usually for one or two years) guidance and direction on actions aimed at meeting a program objective. Work Plan. Flexible timeline that sets forth goals for the schedule and plan of pre-acquisition due diligence for projects. 50 Revised: December 2023 B. ENVIRONMENTAL LAND ACQUISITION PARCEL NOMINATION FORM r �\ ENVIRONMENTAL LAND ACQUISITION ' • PARCEL NOMINATION FORM '2Olt Indian River County Board of County Commissioners Resolution 2022-16 authorized a Bond Referendum to be placed on the November g, 2022 ballot. The resulting Environmental Bond Referendum approved by the voters was established with the goal to acquire lands to "protect water resources, the Indian River Lagoon, Natural Areas, wildlife habitat, drinking water resources, and to construct public access improvements" on acquired properties for the use and enjoyment of the residents of Indian River County. NOMINATING PARTY CONTACT INFORMATION Date Submitted: Name of Party Submitting: Affiliation: Address: Phone: Email: OWNER CONTACT INFORMATION Name: Parcel ID#: Property Address: Mailing Address: Phone: Email: PROPERTY INFORMATION The criteria described in the Resolution outlines the focus of the land acquisition objectives. Please describe the property's value in terms of protection of water resources, the Indian River Lagoon, Natural Areas, wildlife habitat, and drinking water resources. Provide additional attachments as needed. Please provide a description of notable features, existing improvements, structures, and opportunities for public access. Provide additional attachments as needed. Indicate the type of acquisition anticipated (e.g. fee simple, conservation easement, donation, etc.), and provide any additional information on the value of the property for acquisition. Please provide a map showing the location and boundary of the property. Photographs and any additional Information are optional. This form, together with all submitted information accompanying the form, will be reviewed by County staff to determine if the criteria for natural resource value has been demonstrated. If criteria are met and the property owner is willing to donate, sell or provide a conservation easement for the property, additional information will be reouired. Questions? Contact the Conservation Lands Program Division at (772) 226-1781. Please return the completed form and additional information to Conservation Vindi anriver.gov, or to the attentio n of: Wendy Swindell, Indian River County Intergenerational Center, IS90 Oslo Road, Vero Beach, FL 32962. 51 Revised: December 2023 Appendix C: Resolution No. 2022-016 NGN Draft No.2 2/23/22 262.14 RESOLUTION NO. M2--116 i A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CALLING A BOND REFERENDUM ELECTION FOR THE ISSUANCE I OF GENERAL OBLIGATION BONDS; PROVIDING THE FORM OF THE BALLOT TITLE AND THE BOND. REFERENDUM QUESTION; PROVIDING FOR PLACES OF VOTING, PRINTING OF BALLOTS AND BOND REFERENDUM ELECTION PROCEDURE; PROVIDING FOR EFFECT OF REFERENDUM RESULTS; PROVIDING FOR A GENERAL DESCRIPTION OF THE PROJECTS TO BE FUNDED BY THE BONDS ISSUED PURSUANT TO THE BOND REFERENDUM; PROVIDING AUTHORIZATION FOR NECESSARY ACTION; PROVIDING FOR SEVERABILITY; AND PROVIDNG FOR AN EFFECTIVE DATE. WHEREAS, on August 18, 1992, the Indian River County Board of County Commissioners ("Board") adopted Resolution No. 92-146, calling for a bond t+efereadtun, as more specifically set forth in the. resolution; and WHEREAS, on November 3, 1992, Indian River County, Florida (the "County") conducted a bond referendum that was approved by a majority of the voters voting. thereon, concerning whether the County should be authorized to acquire envirownentally significant land to protect water quality, open spaces and wildlife .habitat, by issuing one or more .series of general obligation bonds (collectively; the "1992 Bond$") as more specifically set forth in the referendum question; and WHEREAS, on Ju= 22, 2004, the Board adopted Resolution. No. 2004-062, calling fora new bond referendum, as more specifically set forth in the resolution; and WHEREAS, on November 2, 20041. the County conducted a bond referendum that was approved by a majority of the voters voting thereon, concerning. whether the County should be authorized to acquire environmentally significant land to protect water quality, open spaces and wildlife habitat, by issuing one or more series of general obligation bonds (collectively, the "2004 Bonds"), as more specifically set forth in the referendum question; and. WHEREAS, the proceeds of the 1992 Bonds and 2004 Bonds have all been allocated to purchase lands; and WHEREAS, the Board desires to call for a new referendum on a new land acquisition bond question to allow for the acquisition of environmentally significant lands to restore the Indian River Lagoon, protect water resources, drinking water sources, wildlife habitat and natural areas, and constrict public access improvements related thereto; and Appendix Q Resolution No. 2022-016 WHEREAS, it is in the best interest of the citizens of the County that all appropriate actions be taken to allow for the acquisition of environmentally significant lands to restore the Indian River Lagoon, protect water resources, wildlife habitat, drinking water sources and natural areas, and construct public access improvements related thereto; and NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the authority granted to the County by Chapter 125 and Chapter 100, Florida Statutes, and other applicable provisions of law. SECTION 2. BOND REFERENDUM ELECTION. A bond referendum election of the qualified electors residing in the County is hereby called to be held in Indian River County, Florida during the general election on November 8, 2022 (the "2022 Referendum"), and the Supervisor of Elections shall cause to be placed on the ballot for the November 8, 2022 general election, the bond referendum question set forth in Section 3 of this Resolution. All qualified electors residing in the County shall be entitled and permitted to vote in such bond referendum election. SECTION 3. OFFICIAL BALLOT. The form of ballot to be used shall be in substantially the following form: OFFICIAL BALLOT COUNTY OF INDIAN RIVER, FLORIDA BOND REFERENDUM ELECTION — NOVEMBER 8, 2022 ACQUIRE LANDS TO PROTECT WATER RESOURCES, THE INDIAN RIVER LAGOON, NATURAL AREAS, AND WILDLIFE HABITAT To acquire and permanently preserve environmentally significant lands to restore the Indian River Lagoon, protect water resources, natural areas, wildlife habitat, drinking water resources, and construct public access improvements related thereto, shall Indian River County be authorized to issue general obligation bonds up to $50,000,000, maturing within 20 years from each issuance, not exceeding the legal maximum interest rate, payable from ad valorem taxes, with full public disclosure of all spending through annual independent audits? For Bonds Against Bonds SECTION 4. PLACE OF VOTING. The places of voting and the inspectors and clerks for the polling places for the bond referendum election shall be the same places and persons as for the general election to be held on the same date. The polls will be open in accordance with law relating to general elections at the various voting places from seven (7) o'clock a.m. until seven (7) o'clock p.m. on the same day. 2 Appendix C: Resolution No. 2022-016 SECTION 5. ABSENTEE VOTING. The form of ballot to be used in the election for absentee voters shall be substantially the form provided in Section 3 above: SECTION 6. PRINTING OF BALLOTS. The Supervisor of Elections of Indian River County is authorized and directed to have printed on plain white paper a sufficient number of the aforesaid ballots for use of absentee electors entitled to cast such ballots in such bond election and shall also have printed sample ballots and deliver them to the:inspectors and clerks on or before the opening of the polls for such bond election for the voting places; and, further, is authorized and directed to make appropriate arrangements for the conduct of the election at the polling ply specified. SECTION .7. BOND REFERENDUM ELECTION PROCEDURE. The Supervisor of Elections shall hold, administer and conduct the bond referendum election in the manner prescribed by law for holding elections in Indian River County. Returns shall show the number of qualified electors who voted at such bond referendums election on the proposition and the number of votes cast respectively for and against approval of the bond referendum proposition. The returns shall be canvassed in accordance with law. SECTION 8. BOND REFERENDUM ELEC'T'ION RESULTS. If a majority of the votes cast at such bond referendum election in respect to the bond referendum proposition shall be "For Bonds," such proposition shall be approved and then the particular bonds, the issuance of which shall be thereby approved, shall be issued as hereafter provided by the County. If a majority of the votes cast at such referendum shall be "Against Bonds," such proposition shall be defeated and no bonds may be issued and no ad valorem tax shall be levied therefor. SECTION: 9. NOTICE OF BOND REFERENDUM ELECTION.Notice of the bond referendum election shall be published in the manner required by law. SECTION 10. AUTHORIZING NECESSARY ACTION., The Board hereby authorizes the proper officials to do all things deemed necessary in connection with the holding of the bond referendum election, to the extent provided by law and in this Resolution. SECTION: 11. AUTHORIZATION OF BONDS. Subject to and pursuant to the provisions hereof, one or more series of general: obligation bonds of Indian River County, Florida are authorized to be issued, fom time to time,. in an aggregate principal amount not exceeding $50,000,000 and maturing not later than twenty (20) years from the date of _issuance of each respective series, to finance the cost of the purposes generally describe in Section 13 of this Resolution ("Bonds"), including allocations: for administrative costs, legal fees, fees of fiscal agents, and all other costs associated with the issuance of the Bonds, payable from ad valorem taxes levied on all taxable property in the County, if approved by the qualified electors, to finance the cost of the acquisition of environmentally significant lands to restore the Indian River Lagoon, protect water resources, drinking water sources, wildlife habitat and natural areas, and construct public access improvements related thereto, all in Indian River County. Such Bonds shall bear interest at such rate or rates not exceeding the maximum rate permitted by law at the time of the sale of the Bonds. 3 Appendix C: Resolution No. 2022-016 SECTION 12. BOARD COMMITMENTS ASSOCIATED W1TI1 THE BONDS. a. 1. The Hoard hereby commits to do the following if the 2022 itafemdum is approved by the voters: A. Seek matching funds in connection with the acquisition of the Projects (as defined below) to the maximum extent such matching fiords are available; B. Make specific provisions for annual independent audit of be uses of the proceeds of the Bonds. 2. The Board hereby commits to revise the Environmental Lands Program Guide to provide criteria and guidelines for the purposes of the Projects prior to the 2022 Referendum. SECTION 13. PROJECTS. For purposes of the 2022 Referendum and the Bonds, "Projects" means the acquisition by County of environmentally significant lands to restore the Indian River Lagoon, protect water resources and/or drinking water sources, wildlife habitat and natural areas, by purchasing permanent interests in lands to accomplish the same, including, but not limited to, fee simple interest, less than fee simple interest, conservation easements, and the acquisition of other similar interests in landsto restore the Indian River Lagoon and protect water resources and/or drinking water sources, wildlife habitat and natural areas, and to construct public access improvements such as parking facilities, restroom facilities, trails and other such, infrastructure in connection therewith, together with the necessary initial preservation, restoration and remediation activities to preserve and protect such property, (e.g. exotic removal, fire remediation) including customary and necessary costs and expenses incurred in the acquisition of any such lands and all expenses incident to the sale, issuance and delivery ofthe Bonds, all as shall be more specifically determined by subsequent resolution of the County. SECTION 14. SEVERABU ITY. In the event that any word, phrase, clause, sentence, or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence, or paragraph hereof. SECTION 15. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The Clerk of the Board of County Commissioners shall provide the Supervisor of Elections with a certified copy of this Resolution. Appendix C: Resolution No. 2022-016 RESOLUTION NO. 2022- 016 This Resolution was moved for adoption by Commissioner Susan Adams and the motion was seconded by Commissioner Laura Moss and, upon being put to; vote, the vote was as follows: Chairman Peter D. O'Bryan AYE Vice Chairman Joe Earman AYE Commissioner Susan Adams AYE _ Commissioner Joseph E. Flescher NAY _ Commissioner Laura Moss AYE_ The Chairman thereupon declared this Resolution duly passed and adopted this 8th day of Marchi, 2022. i 1NflIAM RIVER COUM, FLORIDA, by its Board of County Commissioners ATTEST: a•� 17 By By: --Q uty Clerk Peter D. O'Bry4i, Chairman BOCC Approved: March g, 2022 %..'-go u'*- Approved as to form and legal sufficiency: By: a Dylan Reingold, County Attorney 9 Appendix D: IRC Comprehensive Plan Policy Excerpts INDIAN RIVER COUNTY 2030 COMPREHENSIVE PLAN GOALS, OBJECTIVES AND POLICIES (that are served by or relate to the County Environmental Lands Program) CHAPTER 2 - FUTURE LAND USE ELEMENT OBJECTIVE 1: Compact, Energy Efficient, Low -Density Development Indian River County will have a compact and energy efficient land use pattern; an overall low density character; and adequate land for utility facilities necessary to support development. By 2030, the overall residential density of the unincorporated portions of Indian River County, within the Urban Service Area, will be 1.75 units/acre. Policy 1.8: C-2 and C-3 designated lands shall be considered for public acquisition. OBJECTIVE 7: Protection of Natural Resources By 2015, there will be at least 108,500 acres of environmentally important land under federal, state, or county ownership or control within the unincorporated portion of Indian River County. In 2007, there were 105,186 acres of conservation land in public ownership. Policy 7.3: The County shall provide protection to environmentally sensitive lands through land development regulations that limit building densities, require mitigation for impacted areas, permit the transfer of development rights, and promote the use of conservation easements, dedications, and public acquisition. Policy 7.10: Through the use of fee simple purchase, transfer of development rights, and conservation easements, Indian River County shall coordinate with other state, federal and local agencies to identify and protect vegetative communities identified in Conservation Element policies 6.1 through 6.7. OBJECTIVE 16: Protection of the Indian River Lagoon Through 2030, the portion of the Indian River Lagoon within unincorporated Indian River County will be have a class H state water quality rating. Policy 16.3: Indian River County shall continue to provide technical, monetary and political support to conservation programs aimed at land acquisition on the barrier island and in other coastal conservation areas. OBJECTIVE 17: Coastal Population Control Through 2030, the county will have no increase in land use designation density or intensity within the Coastal High Hazard Area. Policy 17.2: The county shall support programs of land acquisition on the barrier island for natural resource preservation, recreation or both. Appendix D: IRC Comprehensive Plan Policy Excerpts CHAPTER 8 - CONSERVATION ELEMENT The purpose of the Conservation Element is to identify the natural resources in Indian River County, to analyze natural resource issues and problems, and to establish applicable goals, objectives, and policies. OBJECTIVE 5: Wetlands Through 2020, there will be no net loss of the natural functions and values of wetlands or deepwater habitats in Indian River County. Policy 5.8: Consistent with Policy 8.1 of the Coastal Management Element, Indian River County will participate in the Indian River Lagoon `Blueways" Conservation and Recreation Lands (CARL) project to acquire important undeveloped estuarine wetlands bordering the IRL by providing local funding assistance, and by providing "in-kind" services, such as identifying environmentally -sensitive parcels. OBJECTIVE 6: Upland Vegetation Communities Using 2008 conservation land acreage as a baseline, Indian River County shall, by 2020, preserve a minimum of 500 additional acres of upland native plant communities to sustain viable populations of native plant and animal species and protect representative stands of each habitat type in Indian River County. The additional acreage shall be preserved through the establishment of conservation easements and/or fee simple acquisition. Policy 6.1: The county shall continue to assist regional, state and federal agencies in the establishment of regional preserves for sand pine/xeric scrub, tropical/coastal hammock, and coastal strand, pine flatwood, and dry prairie vegetative communities by identifying lands eligible for acquisition, and by providing local cost -share funding. These preserves shall be of a sufficient size to function as "wildlife corridors" in order to maintain viable populations of endemic plant and/or animal species. Policy 6.2: Using 2008 conservation land acreage as a baseline, the county shall, by 2015, restore and manage or assist in the restoration and management of, a minimum of 100 acres of xeric scrub vegetation, in coordination with the U.S. Fish and Wildlife Service (FWS) and the Florida Fish and Wildlife Conservation Commission (FWC), to ensure that use and management of the property is compatible with the maintenance of viable populations of endemic plants and/or animal species. The following sites shall be included: the North Sebastian Conservation Area Addition; the Cypress Bend Community Preserve; and the Sand Lakes Conservation Area. Policy 6.3: The county shall, assist the FDEP and USFWS in the management of publicly owned coastal/tropical hammock and coastal strand conservation lands on the northern portion of Orchid island by providing in-kind" services. Policy 6.4: The county shall continue to review its environmental land acquisition guide on a regular basis, and shall update the guide as deemed appropriate. a. The land acquisition guide shall include factors to be considered to assess and prioritize acquisition proposals, such as: Appendix D: IRC Comprehensive Plan Policy Excerpts 1. resource values/physical features, such as proximity and value to other resources, recreational trail systems and greenways; 2. environmental values, such as lands verified or expected to support rare, endangered, or threatened species; 3. water quality protection, such as whether or not such lands buffer natural surface waters or preserve aquifer recharge areas; 4. management considerations, such as feasible multiple public use of the property, compatible with resource conservation; 5. financial considerations, such as funding availability; 6. market considerations; 7. social and economic values, such as historic preservation, environmental education, recreation, and scenic aspects; 8. agricultural protection, such as the preservation of active agricultural use lands through the acquisition of agricultural conservation easements; and 9. the need for acquisition to protect the natural community where appropriate protection cannot be afforded by land development regulations. b. The land acquisition guide shall identify methods of land acquisition to be considered that may be appropriate, depending on any given proposal, including purchase, donation, exchange, installment sale, and use of intermediaries (e.g. Natural Conservancy). Land acquisition shall be considered only after all "non -acquisition" options for environmentally sensitive or environmentally important lands protection have been explored and rejected as inappropriate, including easements, rental (lease), withdrawal (public domain), zoning, acquisition by other entities, cooperative agreement, permit restrictions, administrative regulation, and "no action". Policy 6.9: The county shall, continue to protect all significant groupings of the following vegetative communities: xeric scrub, coastal strand, and coastal/tropical hammock. These native upland vegetative communities shall be preserved and protected through fee simple acquisition, the establishment of conservation easements under LDR Chapter 929 - Upland Habitat Protection, and by enforcing LDR Chapter 927 - Tree Protection and Land Clearing. Policy 6.14: The county shall prioritize the following pine flatwood/dry prairie communities for acquisition: • Flatwoods/dry prairie communities associated with the St. Sebastian River Buffer Preserve; • Flatwoods/dry prairie communities in southwest Indian River County, identified by the Florida Fish and Wildlife Conservation Commission (FEC) and Treasure Coast Regional Planning Council (TCRPC) as potentially contributing to a regional "wildlife corridor"; and • Flatwood/dry prairie communities complementary to riverine wetlands and other natural systems which contribute to upland wildlife species diversity. OBJECTIVE 7: Wildlife and Marine Habitat Through 2025, there will be no reduction in the critical habitat of endangered or threatened aquatic and terrestrial species of flora and fauna occurring in Indian River County. For the purpose of this Appendix D: IRC Comprehensive Plan Policy Excerpts objective, "critical habitat" is defined as the minimum required sum of environmental conditions in a specific area necessary to sustain a given species. The protection of critical habitat shall be measured and evaluated on a site development basis. Policy 7.1: As set forth in the policies of Objective 1 of the Coastal Management Element, the county shall conserve, appropriately use and protect non -threatened, non -endangered fisheries, wildlife, wildlife habitat and marine habitat (e.g. seagrass beds). Policy 7.2: The protection of critical habitat shall be measured and evaluated on a site development basis. For developments on property known to support endangered or threatened species of plants or animals, or on property expected to significantly contribute to such species' habitat needs, the developer shall be required to notify the appropriate regional, state and federal agencies and provide proper protection to the maximum extent feasible. Policy 7.3: The county shall take measures, as set forth in the policies of Objective 5 and Objective 6 of this element, to protect significant upland, wetland and deepwater communities that provide habitat for threatened or endangered species, as well as non -threatened, non -endangered species. Policy 7.11 The county shall take actions recommended by the Committee for a Sustainable Treasure Coast to sustain quality natural systems in Indian River County, including use of land acquisition, development cluster requirements, conservation easements, transfer of development rights and mitigation banks to conserve natural systems. OBJECTIVE 8: Recreational Uses of Natural Resources Using 2008 recreational and open space land acreage as a baseline, the county, by 2020 shall increase, by a minimum of 500 acres, the amount of recreational and open space land accessible to the public for resource-based passive recreation, compatible with natural resource conservation. Policy 8.1: As set forth in Objective 6 of the Recreation and Open Space Element, the county shall take measures to provide sufficient resource-based parks, access, and outdoor recreational opportunities for the residents of Indian River County. These measures shall include developing public access improvements on county -acquired beachfront and riverfront conservation lands. Policy 8.6: Consistent with Conservation Policy 6.4, the county, in evaluating lands to be acquired for conservation purposes, will give priority to those lands that create new or enhanced greenways and recreational trail systems. OBJECTIVE 12: Natural Resource Management By 2020, the county's conservation lands shall be restored to viable ecological condition and improved for compatible passive recreational public access. Policy 12.1: The county, in cooperation with the State Division of Forestry, U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife Conservation Commission, will conduct prescribed burns on a rotational basis at the Wabasso Scrub Conservation Area, the North Sebastian Conservation Area, and other county -owned scrub habitat. Policy 12.2: By 2010, the county shall adopt an interagency management agreement on implementation of the Sebastian Area -wide Florida Scrub jay Habitat Conservation Plan. Appendix D: IRC Comprehensive Plan Policy Excerpts Polite 12.3: By 2010, the county shall enter into a written inter -local agreement with the City of Vero Beach regarding management of the Prange Islands Conservation Area. Policy 12.4: For land tracts acquired through the Environmental Lands Program, the county shall require a site-specific management plan be adopted within one year of acquisition. Such management plans shall be subject to the review and recommendations of the County Conservation Lands Advisory Committee (CLAC). The County will, where feasible, construct public access improvements within two years of the management plan adoption. Policy 12.5: The county shall solicit grants from regional, state and federal agencies to supplement management funds for acquired lands. Funding will be used for the following purposes: 1. restoration and enhancement of impacted wetland and upland areas; 2. establishment and/or improvement of public access; 3. promotion of environmental education/awareness; 4. eradication of nuisance exotic vegetation; 5. posting of signage and boundary markers; and 6. prescribed burning on scrub lands. Policy 12.6: County staff shall attend meetings concerning land acquisition and management issues for lands owned and managed by the SJRWMD, FDEP and the USFWS. Policy 12.7: Suitable lands acquired under the Environmental Lands Program will be opened to the public for passive recreation. Passive recreation shall include the following: hiking, environmental education, fishing, and wildlife viewing. Policy 12.9: By 2010, the county will establish a dedicated funding source for ongoing management of county -owned and managed environmental lands. Policy 12.11: The county shall coordinate with federal, state and local agencies, as well as nonprofit organizations, in acquiring and managing natural areas and open space. CHAPTER 9 - COASTAL MANAGEMENT ELEMENT OBJECTIVE 1: Natural Resource Protection Through 2020, there will be no significant reductions in the overall amount of terrestrial and marine resources within the coastal zone of Indian River County compared to 2009 baseline data. Policy 1.8: As set forth in the policies and objectives of the Conservation Element, the county shall protect and preserve significant coastal vegetative communities, such as coastal (maritime) hammocks and coastal strand, through conservation easements and fee simple acquisition. Policy 1.9: Consistent with Policy 6.1 of the Conservation Element, the county shall continue to assist the USFWS and the FDEP in acquiring undeveloped tracts of tropical/coastal hammock and coastal strand by identifying lands eligible for acquisition, evaluating local cost -share funding, and by providing "in-kind" services, such as land management. Policy 1.14: The county shall use the following tools to preserve natural systems and wildlife Appendix D: IRC Comprehensive Plan Policy Excerpts corridors in the county: • land acquisition • conservation easements • development clustering requirements • transfer of development rights • mitigation banks OBJECTIVE 8: Public Access By 2012, the number of public access points to natural resources within the coastal zone of Indian River County, including beaches, the St. Sebastian River, and the shoreline of the Indian River Lagoon, will be increased by a minimum of five public access points. Policy 8.1: Indian River County will participate in the Florida Forever Acquisition and Restoration Council (ARC) program to acquire the remaining undeveloped estuarine wetlands bordering the IRL by providing local funding assistance, and by providing "in-kind" services, such as identifying environmentally -sensitive parcels. Policy 8.2: Indian River County shall accept donations of shoreline lands suitable to increase public coastal access, provided this acceptance is in the best interest of the county. Policy 8.7: The county will increase passive recreational opportunities on lands acquired through the county's Environmental Lands Program as set forth in Objective 12 of the Conservation Element and the objectives and policies contained in the Recreation and Open Space Element. OBJECTIVE 11: Limit Densities in the Coastal High Hazard Area (CHHA) Through 2030, there will be no increase in the density of land use within the Coastal High Hazard Area. Policy 11.1: Lands acquired by the county under its Environmental Lands Program shall include property located within the Hurricane Vulnerability Zone (HVZ). This land shall be used for either natural resource conservation, passive recreation or both. CHAPTER 3D - NATURAL GROUNDWATER AQUIFER RECHARGE SUB -ELEMENT OBJECTIVE 2: Preserving the Quantity of the Surficial Aquifer Through 2025, there will be no reduction in the availability of groundwater from the surficial aquifer. For the purpose of this Objective, water quantity will be based on SJRWMD's most recent regional groundwater model Polig 2_2: The county shall use natural groundwater aquifer recharge areas for passive parks and open space. OBJECTIVE 5: Capital Improvements By 2015, the County shall protect a minimum of 1000 additional acres of aquifer recharge areas for Appendix D: IRC Comprehensive Plan Policy Excerpts the surficial aquifer through conservation easements and fee simple acquisition compared to 2009 baseline data. Policy 5.2: The county shall pursue state and federal sources of funding available for the preservation and protection of environmentally sensitive areas, such as natural groundwater aquifer recharge areas. Policy 5.3: The county shall evaluate and rank proposed capital improvement projects for the acquisition and preservation of the natural groundwater aquifer recharge areas according to the following guidelines: • Level One -Whether the acquisition is needed to protect public health, to protect the function of aquifer recharge, and to fulfill the county's legal commitment to provide water services. Level Two - Whether the acquisition will improve the existing condition and prevent or reduce future capital costs. CHAPTER 3E - STORMWATER MANAGEMENT SUB -ELEMENT OBJECTIVE 5: Preservation of Floodplains and Floodways The county shall maintain its Comprehensive Emergency Management Plan (CEMP) to serve as a comprehensive floodplain management plan approved by the Federal Emergency management Agency (FEMA). Polio Contingent upon available funding in the county's environmental lands program, the county shall continue to acquire property in the 100 -year floodplain for conservation. OBJECTIVE 7: Stormwater Ouality Consistent with DCA Rule 9J -5.011(2)(c)(5), the county shall maintain Water Quality Level of Service (WQLOS) based on Pollutant Load Reduction Goals (PLRGs) established by the SJRWMD for the Indian River Lagoon and, when available, based on Total Maximum Daily Load (TMDL) standards established for the Lagoon. Policy 7.1: The county shall cooperate with the IRLNEP, SJRWMD, FDEP, DHRS, Marine Resources Council (MRC), and other organizations in conducting an inventory pollutant loadings to the Indian River Lagoon (IRL). Policy 7.6: In accordance with Program Goal I of the Indian River Lagoon Comprehensive Conservation and Management Plan and Goal I of the Surface Water Improvement Management (SWIM) Plan, the county shall reduce the amount of non -point source pollution entering the Indian River Lagoon by applying for SWIM funds and Section 319 Grants to improve the pollutant removal of efficiency of existing stormwater management facilities and, where feasible, to construct new regional stormwater management facilities. Appendix D: IRC Comprehensive Plan Policy Excerpts CHAPTER 10 - RECREATION AND OPEN SPACE ELEMENT OBJECTIVE 1: Adequate Parklands and Recreation Facilities Through 2030, adopted recreation levels -of -service will be maintained to ensure that adequate parklands and recreation facilities are available and accessible for public use. Polio The county hereby adopts a recreation level -of -service standard of 6.61 recreation acres per 1,000 permanent population plus weighted seasonal population. OBJECTIVE 5: Access to Natural Resources Through the time horizon of the plan, the current 57 access points to the county's major water resources, including the Atlantic Ocean, Indian River Lagoon, St. Sebastian River, and freshwater lakes, will be maintained. Policy 5.1: The county shall use beachfront and riverfront lands that have been acquired through the county's Environmental lands Acquisition program for public access to the county's major natural resources. Policy 5_2: The county hereby designates the Indian River Lagoon, the St. Sebastian River, and associated coastal resources as a greenway (a.k.a. "blueway") and waterway trail system. Consistent with Policy 8.1 of the Coastal Management Element, Indian River County will participate in the Indian River Lagoon `Blueway" Florida Forever (f.k.a. "Conservation and Recreation Lands") project to acquire and provide passive recreational access to coastal resources bordering the Indian River Lagoon by providing local funding assistance, and by providing "in- kind" services, such as identifying environmentally -sensitive parcels. OBJECTIVE 7: Open Space Through the time horizon of the plan, there will be no decrease in the amount of publicly -owned or publicly -controlled open space within the county. Poligy 7.1: The county shall acquire those environmentally sensitive areas programmed for acquisition in the conservation element of this plan. These areas will be used as open space, passive recreation areas, and historical sites, as appropriate. OBJECTIVE 8: Intergovernmental Coordination By 2011 the county will have agreements with municipalities for county -wide programs and for special events that impact other jurisdictions. Policy 8.2: To enhance recreation opportunities, the county shall coordinate with and support state and federal agencies in their land acquisition programs by: • Compiling information; • Conducting site analyses; • Contacting owners; and • Providing staff assistance. Appendix D: IRC Comprehensive Plan Policy Excerpts INDIAN RIVER COUNTY MANATEE PROTECTION AND BOATING SAFETY COMPREHENSIVE MANAGEMENT PLAN (EXCERPT) ACTION PLAN Based on the analysis herein of existing conditions and associated data, this section, the Action Plan, sets forth specific actions that Indian River County will take, in the form of policies, to further manatee protection and boating safety objectives. This Action Plan contains the following components: Goal; Objectives and Policies; Implementation; and Evaluation and Monitoring. GOAL, OBJECTIVES AND POLICIES This Goal and associated Objectives and Policies shall be adopted by reference to the existing Coastal Management Element of the Comprehensive Plan (March, 1998) as required by Objective 3 (Policy 3.10) of the Coastal Management Element. GOAL It is the goal of Indian River County to equitably balance manatee protection, habitat preservation, and boating safety with commercial and recreational marine interests. OBJECTIVE 1: Boat Facility and Marina Siting and Construction Through 2005, there shall be no increased impact to manatee habitat, or the natural resources of the Indian River Lagoon, including seagrass beds, water quality, estuarine wetlands, and mangrove fringe, attributed to the development or expansion of boat facilities or boat ramps in Indian River County. 1_1 The siting of new or expansion, rearrangement, or slip conversion of all boat facilities and boat ramps in Indian River County, and in each municipal government with jurisdiction over a portion of the inland waters of Indian River County, shall be consistent with the assessment criteria and policies established in this MPP. 1_2 Boat Facility Siting Zones (1-9), as described in the Analysis section of this MPP, are hereby established. The purpose of these Zones is to provide the public with some guidance as to the potential for the siting of new boat facilities or for the expansion, rearrangement, or conversion of an existing boat facility. The regulatory criteria to be applied to each zone represent the baseline criteria that all proposed projects must meet. 00 0 c, {� V i N a � a aF"¢ o (g) fuuuxuxnS uoutsmboV Almdoid � .. . a P 5` suoz4ipuoo c aiquJonu3 I .., h ii Q fin_ E � iuqua;°d c * s. °i MUD /uoutsmbod o � o0 x anuuiodooD UU luoutaguuuyq y M w o ypulo'I _o •� Cd cd o W ' f4titquiauinA 00 a Y U x 0 L CA a ' sanuuuIa;Id b � •sn paaN 0 .O a3 0 4i . by h .may 0 0 t osugamd (d) fRuzumS aniiuIg13no Iuuouuonpg °Q o iuuopumoag ak x (saomosa-a y o is;uM o i?utpnioui) x o oduospuu-i ^� •y C C� w U0 s�CunnuaauJ M 78 siopuuoo k > a a `N Iuqua;od f4jununuoo iu�uis x moos 133ford I?ufl 2ut;gstaM moos pa OtaAI, V i N a � a o m c co I .., t Q fin_ E c * 064 o 9 4 cd o Y U CA ' m +� b y' f�0. 0 .O a3 0 4i . by h .may 0 0 t Appendix F: Minimum Criteria for ELAP Property Review MINIMUM CRITERIA FOR ELAP PROPERTY REVIEW Indian River County Environmental Lands Acquisition Panel (FLAP) Land Acquisition Process Staff will review each application and complete an initial screening for each property. The submitted property(ies) within an application should meet at least one of the following criteria in order to be considered for review by the ELAP{TW: a. The property supports at least 5 acres of one or more native vegetative community types; or b. The property supports less than 5 acres of native vegetative community, but is part of a larger contiguous tract of native vegetative communities (over 5 acres is size); or c. The property supports listed rare and imperiled species " ," " " s. . 1 eeneem" (flora or fauna), regardless of parcel size; or d. The property has altered ecosystems with reasonable potential for restoration, and the property is withinad}aeent to a designated corridor, greenway or blueway, regardless of property size. "Native Vegetative Community" shall include the following categories: Terrestrial Hardwood hammock Coastal/tropical hammock Coastal strand Scrub/xeric hammock Pine flatwoods Dry prairie Cabbage palm hammock Wetlands & Surface Waters Estuarine wetlands Freshwater wetlands Stream/river 12/12/2023 A O�C2 Of Attorney's Matters INDIAN RIVER COUNTY ATTORNEY William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: November 30, 2023 SUBJECT: Charging Criminal Defendants Additional Fees Florida Statute §939.185 allows a County to impose court costs of $65 when a person is found guilty of a felony, misdemeanor or delinquent act. The statute provides that those funds collected must be allocated as follows: • 25% for local court funding • 25% for legal aid programs 25% for law library funding 25% to juvenile assessment centers and alternative programs In the past, counties have assessed a single $65 charge even though a criminal defendant pleads guilty to a number of charges. For example, if a defendant pleads guilty to driving with a suspended license, driving under the influence and leaving the scene of an accident, the defendant will be charged a single $65 fee for court costs. Recently, a Florida District Court of Appeals upheld a county's practice of charging $65 in court costs for each crime where a guilty plea is entered. So, in the example were a defendant pleads guilty to three crimes, that defendant may now be charged $195 in court costs. In Indian River County during Fiscal Year 2022-23, the $65 fee was assessed on 1,530 cases resulting in $99,450 of court costs. In the 1,530 cases, there were 6,174 total counts, so if the $65 would have been assessed per count, then the total amount of money owed on those 1,530 cases would have been $401,310, which amounts to an increase of $301,860 in costs. Granted, 100% of these costs are not collected, but the County could receive a significant increase in funding for the four programs specified in County code. Indian River County Code §§305.11 and 305.12 (on page 2 of this memorandum) address the issue of court costs in criminal cases. If the Board wishes to assess additional court costs as outlined above, a slight amendment would have to be made to the County code. Funding: There is no impact to County funds at this time. If the board decides to proceed with amending the County code, advertising costs of less than $300 would be incurred. Once the projected revenue amount is established, a budget amendment would be brought before the Board to allocate these additional revenues and expenses. 289 Charging Criminal Defendants Additional Fees November 30, 2023 Page 2 Recommendation: Discuss and decide whether the Board wishes to direct staff to amend the code in order to charge for additional court costs in criminal cases. Copies to: Ryan Butler, Clerk of Court Kristin Daniels, Director, Office of Management and Budget Indian River County Code Sections Pertaining to Court Costs Section 305.11. - Imposition of additional court costs in criminal cases pursuant to Section 939.185, Florida Statutes (2004), as amended. Pursuant to the authority set forth in Section 939.185, Florida Statutes (2004), as amended, an additional court cost of sixty-five dollars ($65.00) shall be imposed by the courts in Indian River County when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the Florida Statutes. The courts in Indian River County shall order payment of these additional court costs in all matters as set forth in Section 305.11 of this chapter, but may defer payment if the person against whom the cost is imposed is indigent. The additional court cost authorized pursuant to Section 939.185, Florida Statutes (2004), as amended shall be collected by the Clerk and remitted to Indian River County for use in accordance with Section 305.12 of the Code. (Ord. No. 2004-019, 6-22-04; Ord. No. 2007-028, § 2, 7-24-07) Section 305.12. - Uses of additional court costs in criminal cases. (1) Funds received from the additional court cost set forth in section 305.11 of this chapter shall be distributed as follows: (A) Twenty-five (25) percent shall be remitted to fund innovations to supplement funding for the state court system in Indian River County consistent with Section 29.004, Florida Statutes (2004) and to fund local requirements consistent with Section 29.008(2)(a)2, Florida Statutes (2004). (B) Twenty-five (25) percent shall be remitted to assist in providing legal aid programs in Indian River County consistent with Section 29.008(3), Florida Statutes (2004). (C) Twenty-five (25) percent shall be remitted to fund personnel and legal materials for the public as part of law libraries in Indian River County. (D) Twenty-five (25) percent of the amount collected shall be used as determined by the board of county commissioners to support teen court programs, juvenile assessment centers, and other juvenile alternative programs. 290 01fiCB Of Attorney's Matters 12/12/2023 153 - INDIAN RIVER COUNTY ATTORNEY William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: November 30, 2023 SUBJECT: Approval of Opioid Settlement Proceeds On June 15, 2021, the Indian River County Board of County Commissioners approved a proposed Memorandum of Understanding ("MOU") with the State of Florida Attorney General's Office that serves as the allocation agreement between the State of Florida and the local governments on the settlement of various opioid cases. As part of the MOU, money would go into a City/County Fund, a Regional Fund and a State Fund. In December 2022, Indian River County received $139,604.16 from the State of Florida for its portion of the City/County Fund. The County should expect to receive year 2 funds in the amount of roughly $140,000 later this month. These funds have been earmarked for treatment of Indian River County residents who have entered into the Drug Court program operated by the 19th Judicial Circuit Court. These settlements have come from some of the smaller opioid manufacturers and retailers in the class action suit. The larger manufacturers and retailers (Purdue and Walgreens, for example) have recently settled their portions of the class action suit and submitted the first payment of funds to, be distributed via the MOU with the Attorney General. The funds from the larger Defendants will be paid out over 17 years and are to be used only for opioid use disorder (OUD) treatment and mental health issues related to OUD. The County will receive approximately $1.2 million for FY 2023-24. Because the County is small in population, under 300,000 residents, the terms of the settlement call for a third party, approved by the Florida Department of Children and Family Services, to receive the funds from the settlement and distribute those funds as directed by the government entity. For our County, the Southeast Florida Behavioral Health Network (Southeast) was selected to be the recipient of funds from the larger settlement. Southeast has their office in Okeechobee. They will distribute the funds as approved by the Board of County Commissioners and submit the required reports of how the funds were spent. The Board created the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse ("Council") to make recommendation as to the distribution of the large settlement funds. The Council met several times this year and at their November 17, 2023 meeting heard presentations from groups requesting funds. Those groups and a brief overview of their requests are as follows: 291 Public Safety Council November 30, 2023 Page 2 Indian River County Sheriff's Office The Sheriff seeks to convert a wing at the jail that is currently vacant to house people with opioid use disorder (OUD) that have been arrested on drug crimes or drug related offenses. Those jail inmates who suffer from OUD are in need of more intense medical treatment due to withdrawal and detox symptoms that cannot be provided in the regular medical section of the jail. The request was for $350,000 for construction plans. Substance Awareness Center (SAC) The SAC conducts a multi -faceted approach to those with OUD, including a treatment program at the County Jail, training and outreach programs. Included in their request was a van for mobile outreach to homeless camps and high use areas. In the future, the van could dispense Medication Assisted Treatment or MAT. The request was for $1.1 million. Indian River County Mental Health Collaborative The Collaborative offers education, training and awareness for OUD patients who have a mental health related condition. In the presentation to the Council, they offered to do a needs assessment study for the County. Their request was for $40,000. 19th Judicial Circuit Court Drug Court Chief Judge Schwab attended on behalf of the drug court program. Qualifying candidates in the program can be sent for inpatient treatment, often up to 90 days with intensive follow up care, usually at out-patient facilities. There are current candidates that want to enter an inpatient program, but funds are unavailable. He asked for $205,000 in funding for treatment for the waiting candidates. Indian River County/Florida Department of Health Miranda Swanson from FDOH proposed a planning and monitoring program that would study the results of the various groups receiving opioid funds, the success/failure of the programs and to set goals and priorities for training and recruitment of needed employees. FDOH's request was for $224,500. Treasure Coast Homeless Services Council Treasure Coast offered to provide housing for opioid use disorder patients after they have completed inpatient rehab or have been released from incarceration after participating in jail treatment programs. Treasure Coast claimed they could provide up to 10 units housing two people each for a year in a very short time span. They requested $455,040 as a base but $758,400 if more housing were to come available. Attached to this memorandum are two exhibits from the MOU entered into with the Attorney General. Schedule A describes the Core Strategies to abate opioid addiction. Schedule B is the extensive list of Approved Uses for the funds disbursed from the lawsuit settlement. After hearing the presentation made by the six groups, the Council made the following recommendations for fund distribution: Organization Award Purpose Amount Indian River County Sheriff $350,000 for improvements to the treatment win Substance Awareness Center $200,000 consisting of $150,000 forjail treatment program and $50,000 for a needs assessment stud IRC Mental Health Collaborative $40,000 for education, training and public awareness 19th Judicial Circuit Drug Court $305,000 for in and out patient treatment Treasure Coast Homeless Council $282,000 for housing out-patient and jail release housing Total $1,177,000 292 Public Safety Council November 30, 2023 Page 3 It should be made clear to the Board and all applicants for the settlement funds that these funds shall be used solely for opioid related abatement and for no other purposes. Schedules A and B attached provide great detail and guidance for proper fund expenditures. FUNDING: Upon the Board of County Commissioners approving a spending plan, a budget amendment will be submitted allocating the funds. RECOMMENDATION: The County Attorney's Office recommends that the Indian River County Board of County Commissioners discuss the recommended allotments made by the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse and adopt the authorizing Resolution and authorize the Chairman to execute the Resolution on behalf of the Board. ATTACHMENTS: Resolution and Schedules A and B from the Memorandum of Understanding with the Attorney General Copies to: Indian River County Sheriff Captain Angela Rosado-Jones 4055 41 st Avenue Vero Beach, FL 32960 Substance Awareness Center Carrie Maynard -Lester 1507 20th St, 1507 20th Street Vero Beach, FL 32960 IRC Mental Health Collaborative Wes Samons 2345 14th Avenue, Suite 5 Vero Beach, Florida 32960 19th Judicial Circuit Drug Court Chief Judge Charles A. Schwab 218 South Second Street Fort Pierce, FL 34950 Treasure Coast Homeless Council Rayme Knuckles 2525 St. Lucie Avenue Vero Beach, FL 32960 Southeast Florida Behavioral Health Network Amanda Busbin 1070 East Indiantown Road, Suite 408 Jupiter, FL 33477 293 RESOLUTION 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS O F INDIAN RIVER COUNTY, FLORIDA APPROVING THE ALLOCATION OF OPIOID CLASS ACTION LAWSUIT SETTLEMENT FUNDS WHEREAS, on June 15, 2021, the Indian River County Board of County Commissioners (Board) approved a Memorandum of Understanding ("MOU") with the State of Florida Attorney General's Office that serves as the allocation agreement between the State of Florida and the local governments on the settlement of various opioid class action cases; and WHEREAS, the County will receive approximately $1.2 million for FY 2023-24 in settlement proceeds from the larger Defendants in the lawsuit that will be paid out over 17 years; and WHEREAS, under the terms of the settlement, these funds are to be used only for opioid related abatement of opioid use disorder (OUD) and mental health issues related to OUD as listed in Schedules A and B in the MOU; and WHEREAS, the Board created the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse ("Council") to make recommendation as to the allocation of the settlement funds from the larger defendants. The Council met several times this year and at their November 17, 2023 meeting heard presentations from groups requesting funds; and WHEREAS, at its meeting of December 12, 2023, the Board reviewed the recommendation of the Council and heard input on the matter from the public. NOW, THEREFORE BE IT RESOLVED by the Indian River County Board of County Commissioners that: 1. The Indian River County Board of County Commissioners allocates funding from opioid class action settlement proceeds as follows: Organization Award Purpose Amount Indian River County Sheriff $350,000 for improvements to the treatment win Substance Awareness Center $200,000 consisting of $150,000 for jail treatment program and $50,000 for a needs assessment stud IRC Mental Health $40,000 for education, training and public Collaborative awareness 19th Judicial Circuit Drug Court $305,000 for in and out patient treatment Treasure Coast Homeless $282,000 for housing out-patient and jail release Council housing Total $1,177,000 2. The Clerk is directed to send a copy of this Resolution to the Southeast Florida Behavioral Health Network. 294 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 Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph H. Earman Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 12th day of December, 2023. Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Susan Adams, Chairman 295 Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies ("Core Strategies")[, such that a minimum of _% of the [aggregate] state -level abatement distributions shall be spent on [one or more of] them annually].' A. Naloxone or other FDA -approved drug to reverse opioid overdoses 1. Expand training for first responders, schools, community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. Medication -Assisted Treatment ("MAT") Distribution and other opioid -related treatment 1. Increase distribution of MAT to non -Medicaid eligible or uninsured individuals; 2. Provide education to school-based and youth -focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Treatment and Recovery Support Services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication with other support services. C. Pregnant & Postpartum Women 1. Expand Screening, Brief Intervention, and Referral to Treatment ("SBIRT") services to non - Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder ("OUD") and other Substance Use Disorder ("SUD")/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD) including housing, transportation, job placement/training, and childcare. D. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence -based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant -need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their.families. I As used in this Schedule A, words like "expand," "fund," "provide" or the Me shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. 1 296 E. Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions. ; 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. F. Treatment for Incarcerated Population 1. Provide evidence -based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. Prevention Programs 1. Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco); 2. Funding for evidence -based prevention programs in schools.; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to.participate in pre -arrest -diversion programs, post - overdose response teams, or similar strategies that connect at -risk individuals to behavioral health services and supports. H. Expanding Syringe Service Programs 1. Provide comprehensive syringe services programs with more wrap-around services including linkage to OUD treatment, access to sterile syringes, and linkage to care and treatment of infectious diseases. I. Evidence -based data collection and research analyzing the effectiveness of the abatement strategies within the State. N 297 Schedule B Approved Uses PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following:2 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication -Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration, 2. Support and reimburse evidence -based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence -based or evidence - informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as .peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Treatment of trauma for individuals with OLD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence -based withdrawal management services for people with OUD and any co- occurring mental health conditions. 8. Training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD or mental health conditions, including but not limited to training, Z As used in this Schedule B, words like "expand," "fund, ' "provide" or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. 3 298 scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. [intentionally Blank — to be cleaned tip later for numbering] 13_ Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 14. Dissemination of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service -Opioids web -based training curriculum and motivational interviewing. 15. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication -Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for or recovery from OUD and any co-occurring SUD/NM conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUDINM conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and -any co-occurring SUD/MF-I conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA -approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OLID and any co-occurring SUD/MH conditions. S. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 4 299 9. ldentify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co- occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Nire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have — or at risk of developing — OUD and any co- occurring SUDWH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. b. Training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically -appropriate follow-up care through a bridge clinic or similar approach. 5 0111 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid - related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non -profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL -JUSTICE -INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Support pre -arrest or pre -arraignment diversion and deflection strategies for persons with OLID and any co-occurring SUD/NlH conditions, including established strategies such as: a. Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 301 f. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/Nili conditions 4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. b. Support critical time interventions (CTI), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal justice-involved persons with OUD and any co-occurring SUD/N114 conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women — or women who could become pregnant — who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUDAM conditions for up to 12 months postpartum. 3. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions. 4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; expand long-term treatment and services for medical monitoring of NAS babies and their families. 7 302 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 6. Child and family supports for parenting women with OUD and any co-occurring SUD/MH conditions. 7. Enhanced family supports and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/NIH conditions, including but not limited to parent skills training. 10. Support for Children's Services — Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Fund medical provider education and outreach regarding best prescribing practices for opioids consistent with Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing; and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non -opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point -of -care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 303 c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increase electronic prescribing to prevent diversion or forgery. S. Educate Dispensers on appropriate opioid dispensing. G. PREVENT IMSUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based or evidence - informed programs or strategies that may include, but are not limited to, the following: 1. Fund media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take -back disposal or destruction programs. 5. Fund community anti-drug coalitions that engage in drug prevention efforts. 6. Support community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction — including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S_ Substance Abuse and Mental Health Services Administration (SAMHSA). 7. Engage non -profits and faith -based communities as systems to support prevention.; 8. Fund evidence -based prevention programs in schools or evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent -teacher and student associations, and others. 9. School-based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/M H conditions. 11. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address E 304 mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid -related harms through evidence - based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, individuals at high risk of overdose, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities provide free naloxone to anyone in the community 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. S. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence -informed programs -to reduce harms associated with intravenous drug use; including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Provide training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions. 13. Support screening for fentanyl in routine clinical toxicology testing. 10 305 PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in sections C, D, and H relating to first responders, support the following: 1. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid -related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitation, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local, or community regional planning to identify'root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services; to support training and technical assistance; or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to share reports, recommendations, or plans to spend opioid settlement funds; to show how opioid settlement funds have been spent; to report program or strategy outcomes; or to track, share, or visualize key opioid -related or health-related indicators and supports as identified through collaborative statewide, regional, local, or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OLD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH 11 306 Support opioid abatement research that may include,�but is not limited to, the following: 1. Monitoring, surveillance, data collection, and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non -opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals entering the criminal _justice system, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (ADAM) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. 12 RAIN Of Ce Of Attorney's Matters 12/12/2023 INDIAN RIVER COUNTY William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant county Attorney MEMORANDUM TO: Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator FROM: Susan Prado, Deputy County Attorney DATE: December 1, 2023 ATTORNEY SUBJECT: Authorization to proceed with foreclosures on Code enforcement case number 2017040073 (Ledford) Pursuant to Florida Statute Section 162.09, the Code Enforcement Board must give the recommendation to start the foreclosure process. This recommendation was given at the last Code Enforcement Board hearing on November 20, 2023. Staff is now seeking this Board's final approval to move forward with filing foreclosure proceedings on the below listed properties and with working with outside counsel, Dill, Evans and Rhodeback. Case Number 2017040073 (Ledford), 136 15t' Street SW, Vero Beach, Florida: This code enforcement action started in 2017 with a complaint regarding junk, trash, and debris, illegal use of an RV as living quarter, junk vehicles, and weeds in excess of 12 inches. There was an evidentiary hearing on June 26, 2017 at which time the respondents were found in violation of the Indian River County Code of Ordinances (the "IRC Code"). The respondents were given a time frame to correct the violations that were found as well as one extension. At a compliance hearing held on August 28, 2017, the Code Enforcement Board determined that the respondents did not bring the property into compliance and issued an order for a fine in the amount of $100.00 per day forjunk, trash, and debris, use of a recreational vehicle as living quarters, junk vehicles, and weeds in excess of 12 inches. The order is recorded at O.R. Book 3057 and Page 1703. Funding: Staff estimates outside counsel, filing fees, and costs for the foreclosures detailed above could cost approximately $7,000. Funding for these expenses are 308 Code Enforcement Foreclosures December 1, 2023 12 available in the MSTU Fund /Env. Planning/Legal Services, Account # 00420724-033110. This funding will be offset by any revenues received through the foreclosure process. Recommendation: Staff recommends the Board authorize staff to move forward with outside counsel in the filing of foreclosure on the above named code enforcement cases. Attachments: Order Imposing Fine and Deed for case number 2017040073 309 12/1/23, 4:47 PM Landmark Web Official Records Search 3120170055047 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3057 PG: 1703,9/25/2017 4:27 PM CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY, FLORIDA IN THE MATTER OF: LEDFORD, AUDREY E. [ESTATE] C/O LEDFORD, DALE T. AND KIMBERLY M. 1856 20TH PL SW VERO BEACH, FL 32962 JOHN MURPHY 136 15TH STREET SW VERO BEACH, FL 32962 , Respondents ORDER IMPOSING FINE CEB Case No. 2017040073 THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on June 26, 2017, after due notice to the Respondents, at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondents to take corrective action by a certain time, as more specifically set forth in that order. On August 28, 2017, this Board conducted a compliance hearing to determine whether the Board's order of June 26, 2017, as amended by an Order Granting Extension, had been complied with. Respondent was provided proper notice of the compliance hearing, but did not attend the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist a recreational vehicle (RV) used as a living quarters, a junk vehicle, overgrown grass and weeds in excess of twelve inches in height and an accumulation of junk, trash, and debris in the CH Zoning District, which constitutes the use of the property in violation of Sections 911.15(7)(B)6, 973.03(2), and 973.03(1), of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended, set forth a compliance date of August 25, 2017, and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY E%IPOSED AGAINST THE RESPONDENT(S) for each and every day the violation exists upon or adjacent to the following described property, situated in Indian River County, Florida, to wit: Location: 136 15TH ST SW VERO BEACH Tax Parcel ID No. 33-40-30-00007-0021-00006.0 Legal Description: DIXIE HEIGHTS UNIT NO 5 BLK U LOT 6 PBI 5-8 beginning August 26, 2017. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. https:Hori.indian-river.org/searchlindex?theme=.blue&section=searchCriteHaBookPage&quickSearchSelection=# 310 1/2 12/1/23, 4:47 PM BK: 3057 PG: 1704 Landmark Web Official Records Search DONE AND ORDERED August 28, 2017, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date, nunc pro tunc. EXECUTED by the Chairman of the Indian River County Code Enforcement Board, and attested and countersigned by the Recording Secretary of such Board this � day of .1; 2017. 4si'a ATTE Carlson Recording Secretary CODE ENFORCEMENT BOARD OF INDIAN RIVER COUNTY, FLORIDA N. Stephen W. Boehning, ChAwAn Indian River County Code Enforcement Bp rd a CERTIFICATE OF SERVICE `✓;r; •. ' `�" I HEREBY CERTIFY that a true copy of the foregoing Order Imposing Fine was provided to the above- n-&med Respondent(s) by first class U.S. Mail addressed to the above-specified addresses this ZD day of 2017. (4_Gx�tor'/_ Lisa Carlson, Recording Secretary REVIEWED AS TO LEGAL FORM: nnifer D. P ke oard Adviskig Attorney CEB Case No. 2017040073 Code Officer: ROSE JEFFERSON STATE OF FLORIDA NDIAN RIVER COUNTY IM 15 TO CERTIFY THAT THIS ISA TRUE AND CORRECT COPY OF THE ORIGINAL ON FU W THIS OFFICE, CODE ENFOR RCEMENT BOARD t BY: DAM 9 Z6 https://ori.indian-river.org/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# ID.So .�O CD. OO G� I • co IN THE RECORDS OF DOCOMElRARYVMM JEFFREY K. BARTONCLERK LF'29"4 CiRCUIT COURT INDIAN RIVER CO., FLA MOTE= -98-04 Ef FRfY K BARYON, CLM QUITCLAIM DEED UMMICIDU nr THIS QUITCLAIM DEED, executed this Tenth day of January . 2003 by first party, Grantor, Dale T Ledford whose post office address is 1856 20th Place SW Vero Beach,Florida 32962 to second party, Grantee, John Murphy �� whose post office address is 416 12th street SW Vero beach,Florida 32962 WITNESSETH, That the said first parry, for good consideration and for the sum of Dollars ($0000 paid by the said second parry, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in the County of Indian River , State of Florida to wit. Lot 6, Block U, DIXIE HIGHTS, UNIT N5, according to the plat there of as recorded in plat book 5 page 8 of public records of Indian River county,Florida Together with one (1) 1968 Marlette moblie home, serial No. 70795 312 N C•. -.J W IN WITNESS WHEREOF, The said first party has signed a sealed these presents the day And year first above written. Signed, seated an elivered in presenc of: Sig ature of Wit s Sign lure of First Party -77 PrWnWny of Witnesso Prmt name of First Party Signature of First Party Print name of First Party State of 104 County of :i- K- On �,--�c� �c, before me, , appeared �/ ,,. �.Cc L- J i --'''>> personally known to me for proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand_ and official,seal. Signatureof� l / ►*" aajyJHaks Affiant Kn4n Produced ID � MY C1 -1W W020 0Y Type of 1D Y aY FspresJ*112M (Seal) State of County of .f, -j i� , vf-AL On 6,14 /6 /0 ; before me, - appeared I La - --- /� _ ,� ^ D,� i7 personally known tome (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS mj'.hand and official seal. Signature of Nota i " ft" iNan Affiant _Kn Produced ID .�� • MYCW-Ma'.+oo02 M Typc of ID aw/ EA;W" MY ri zooa (Seal) Signature of Preparer Print Name of Preparer Address of Preparer Fire ATAn 313 0 CA ---j NO X3 O CT .;- 12, 2023 Office Of Attorney's Matters — December INDIAN RIVER COUNTY ATTORNEY William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: John A. Titkanich Jr., County Administrator FROM: Keith Jackman, Assistant County Attorney DATE: December 7, 2023 SUBJECT: PFAS Class Action Settlement; In Re: Aqueous Film Forming Foams Product Liability Litigation BACKGROUND: Per- and Polyfluoroalkyl Substances (PFAS) are a group of manufactured chemicals that have been used in industry and consumer products since the mid -1940s because of their useful properties. There are thousands of different PFAS, some of which have been more widely used and studied than others. PFAS are long lasting chemicals, components of which break down very slowly over time. Because of their widespread use and their persistence in the environment, many PFAS are found in the blood of people and animals all over the world and are present at low levels in a variety of food products and in the environment. PFAS are found in water, air, fish, and soil at locations across the nation and the globe. Scientific studies have shown that exposure to some PFAS in the environment may be linked to harmful health effects in humans and animals. There are thousands of PFAS chemicals, and they are found in many different consumer, commercial, and industrial products. This makes it challenging to study and assess the potential human health and environmental risks. PFAS are associated with numerous health problems, as well as heightened risk of testicular and kidney cancer. Because they do not break down easily in the environment and most bioaccumulate in humans and the food chain they are called "forever chemicals." PFAS can be present in our water, soil, air, and food as well as in materials found in our homes or workplaces, including: Drinking water — in public drinking water systems and private drinking water wells. Soil and water at or near waste sites - at landfills, disposal sites, and hazardous waste sites such as those that fall under the federal Superfund and Resource Conservation and Recovery Act programs. Fire extinguishing foam - in aqueous film -forming foams (or AFFFs) used to extinguish flammable liquid -based fires. Such foams are used in training and emergency response events at airports, shipyards, military bases, firefighting training facilities, chemical plants, and refineries. 314 PFAS Water Settlement December 7, 2023 Page 2 of 4 • Manufacturing or chemical production facilities that produce or use PFAS — for example at chrome plating, electronics, and certain textile and paper manufacturers. • Food — for example in fish caught from water contaminated by PFAS and dairy products from livestock exposed to PFAS. • Food packaging — for example in grease -resistant paper, fast food containers/wrappers, microwave popcorn bags, pizza boxes, and candy wrappers. • Household products and dust — for example in stain and water-repellent used on carpets, upholstery, clothing, and other fabrics; cleaning products; non-stick cookware; paints, varnishes, and sealants. Some of the most familiar would be stain -proofing compounds, Teflon, Scotchguard, waxes, and waterproofing compounds. What We Know about Health Effects Current peer-reviewed scientific studies have shown that exposure to certain levels of PFAS may lead to: • Reproductive effects such as decreased fertility or increased high blood pressure in pregnant women. • Developmental effects or delays in children, including low birth weight, accelerated puberty, bone variations, or behavioral changes. • Increased risk of some cancers, including prostate, kidney, and testicular cancers. • Reduced ability of the body's immune system to fight infections, including reduced vaccine response. • Interference with the body's natural hormones. • Increased cholesterol levels and/or risk of obesity. Class Action Law Suits In the Class Action lawsuits the Defendant, Companies, are accused of putting profit over the safety of human health. The complaints allege the Defendants knew that PFAS would be released, stored, and or disposed of at, near or within the vicinity of drinking water wells and or water supplies of Public Water Systems that provide drinking water to the public. There are many other defendants but two of these Defendants have proposed settlements. This Class Action relates to two settlements: (A) 3M Company; and (B) The Chemours Company, DuPont de Nemours, et. al. Within each settlement there are two (2) general phases: Phase I & Phase II. Notwithstanding specific exceptions, forms must be completed and returned in order to receive compensation. The following describes the standards for both settlements, which are similar: (A) 3M Company Settlement conditions; Settlement Hearing February 2, 2024 at 10:00 am. Opt. Out date: December 11, 2023 Settlement Funds: $10.5 - $12.5 Billion and up to $5 Million for costs. Applies to: (1) All Active Public Water Systems in the United States of America that have one or more Impacted Water Sources as of June 22, 2023; and (2) All Active Public Water Systems in the US that do not have one or more impacted Water Sources as of June 22, 2023; and (i) are required to test for certain PFAS under UCMR-5, or (ii) serve more than 3,300 people. 315 PFAS Water Settlement December 7, 2023 Page 3of4 Phase I: Allocated $6.875 Billion and three (3) separate funds. Must submit test results from Waters Sources for PFAS; request all analytical results, including the actual numeric values of all analytical results; and cause the testing laboratory that performed the tests to submit detailed PFAS test results to the Claims Administrator on a Claims Form and the Settlement Website ASAP, see Settlement Website for deadline. 60 days after Effective Date. Any Water System tested on or before June 22, 2023, using a government approved methodology and found to contain a measurable concentration of PFAS, does not need to be tested again. However, any Water Source tested prior to June 1, 2019, or later, and it did not result in a Measurable Concentration of PFAS, requires no further testing. Failure to test and submit results for Water Sources disqualifies Water Sources from payment. Phase II: Allocated $3.625 — $5.625 Billion Must submit test results from each of its Waters Sources for PFAS; request all analytical results, including the actual numeric values of all analytical results; and cause the testing laboratory that performed the tests to submit detailed PFAS test results to the Claims Administrator on a Claims Form within 45 calendar days after receiving results, but no later than July 1, 2026. (B) The Chemours Company, et. al.; Settlement Hearing December 14, 2023 at 10:00 am. Opt. Out Deadline: December 4, 2023 Objection Deadline: November 4, 2023 Settlement Funds: $1.185 Billion Applies to: All Public Water Systems in the United States of America that draws or otherwise collect from any Water Source that, on or before as of June 30, 2023, was tested or analyzed and found to contain any PFAS; and all Public Water Systems in the US that, as of June 30, 2023, are (i) subject to the monitoring rules under UCMR-5, or (ii) required under state or federal law to test or otherwise analyze any of their Water Sources or the water they provide for PFAS before the UCMR 5 Deadline, December 31, 2025. Public Water Systems owned and operated by a State or the federal government that cannot sue or be sued in their own name are expressly excluded. The initial step for establishing Settlement Class Membership and eligibility for compensation is completion of the Claimant Information Form. After a person completes the Public Water System Settlement Claims Form, the Settlement Class Member will be provided with additional relevant Claims Form for payment sources for which member is eligible. Both Phase I & Phase II requires baseline testing for every water source for PFAS to determine which Water Sources have current PFAS detections. Any Water Source tested before December 7, 2021 that did not result in a PFAS detection must retest. Any Water Source that tested before June 30, 2023 that did result in a PFAS detection does NOT need to retest. However, testing is required any other Water Sources that have not previously had a detection. Testing must be completed by federal or State accredited laboratory. A special allocation will be provided for very small Water Systems, which serve less than 3,300 people. Phase I: Allocated 55% of Settlement Fund and five (5) separate funds. Phase II: Allocated 45% of Settlement Fund and five (5) separate funds; and deadline is January 1, 2026. 316 PFAS Water Settlement December 7, 2023 Page 4 of 4 FUNDING: There are no taxpayer costs associated with this settlement. However, there is a cost of $8,640.00 for testing, which will be paid out of the Utilities/Water Production/Other Professional Services, provided by PO 00098299. This testing will likely be reimbursed. RECOMMENDATION: The County Attorney's Office recommends the BOCC resolve to opt -in to the class action lawsuit because we would fall into class members. The County Public Water Systems immediately complete baseline testing and submit results on the relevant Claims Forms, the Claimant Information Form, as well as the Public Water System Settlement Claims Form to the Claims Administrator. The County Attorney's Office also recommends it consider taking steps to eliminate PFAS from our public drinking water. 317 12/12/2023 William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney I3,F Of CB Of Attorney's Matters INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: December 4, 2023 ATTORNEY SUBJECT: Developer's Agreement Between Mandala Village, LLC and Indian River County On January 21, 2020, the Board of County Commissioners (Board) approved a a request by Mandala Village, LLC, to rezone approximately 79.1 acres from A-1, Agricultural -1 (up to 1 unit/5 acres) and RS -3, Residential Single Family (up to 3 units/acre) to PDTND, Planned Development Traditional Neighborhood Design. The property is located on the north west corner of 58' Avenue and 531 Street. Please see the attached aerial photo depicting the three parcels that make up the approved development. The mixed use project includes: ♦ 88 single-family units ♦ 111 multi -family units ♦ a 100 -room hotel ♦ neighborhood commercial area ♦ a community center with recreational/common area amenities. As part of the PDTND, Mandala was required to enter into a Developer's Agreement with the County to construct certain improvements. Those improvements are: Dedication of 120 feet of Right -of -Way for 53rd Street: The County's Thoroughfare Plan classifies 53rd Street as an arterial roadway that will provide a 4 -lane connection from Indian River Boulevard to 66th Avenue. Mandala (and the Providence Pointe project to the south of Mandala), have coordinated with Public Works to design a roadway that requires 150' of road ROW that will be a continuation of the current design and alignment of 53rd Street on the east side of 58th Avenue through the Waterway Village project. Currently, 30 feet of road ROW exists along Mandala's entire 53rd Street frontage. Therefore, the developer has agreed to dedicate an additional 120' of ROW for 53rd Street along the project's entire 53rd Street frontage. It should be noted that a 120' ROW dedication has already been completed for the eastern ±1,290' of the project's 53rd Street frontage. That ROW dedication was coordinated between the current owner/developer, the previous owner, and the County, and was executed when the current owner/developer purchased the property. The ROW dedication for project's remaining ±2,000' of 53rd Street frontage must be completed within 60 days of approval of this Agreement. 318 Mandala Developer's Agreement December 4, 2023 Page 2 Roadway Paving for 53rd Street: Currently, 53rd Street is an unpaved dirt road west of 58th Avenue, except for a 300 -foot section that was constructed when the County and DiVosta expanded 58th Avenue to its current four -lane condition between 49th and 57th Streets. In the January 2020 rezoning approval, Mandala was required to construct 53rd Street as a 4 -lane road from 58th Avenue to the project's primary driveway connection on 53rd Street, and then transition down to a 2 -lane road to the west end of the project site. Staff anticipated that Mandala and Providence Pointe would enter into a separate agreement to four -lane 53rd Street between the two developments. That agreement was never forth coming. The County and Providence Pointe had entered into a Developer's Agreement in 2014 that called for Providence Pointe to construct their section of 53rd Street as a two-lane section along their northern boundary. This put Mandala in the position of having to construct 100% of 53rd Street as a four -lane road and relieve Providence Pointe of constructing their 2 lanes of 531d Street. To illustrate this point, Mandala did a side-by-side comparison of the developer agreements between the County and Providence Pointe and the County and Mandala. Please see the attached comparison. Staff agrees that the two projects should be treated similarly and Mandala should have to construct only two lanes of 531 Street and receive impact fee credit for doing so, just like Providence Ponte. Public Works staff has reviewed Mandala's traffic study and concludes that 53rd Street in its two-lane configuration will adequately meet the traffic needs of Mandala's project. Turn Lane Improvements for 53rd Street: The following turn lane improvements are required for 53rd Street prior to preliminary PD approval for Phase 1: • Westbound right -turn lane at the project's full access connection to 53rd Street • Eastbound left -turn lane at the project's full access connection to 53rd Street • Westbound right -turn lane at the project's right-in/right-out connection to 53rd Street Drainage for 53rd Street: The developer has coordinated with Public Works, and has agreed to accept stormwater runoff generated by the paving of 53rd Street. The stormwater design for 53rd Street will be reviewed via the Land Development Permit process for Phase 1. Right -of -Way Dedication for 58th Avenue: The County completed construction of the widening of 58th Avenue between 49th Street and 57th Street. The developer has agreed to dedicate ROW for 58th Avenue in order to accommodate the final design of the 58th Avenue widening project. The 58th Avenue ROW dedication must be completed prior to the issuance of an LDP for Phase 1. Funding: There is no impact to County funds at this time. Recommendation: Staff recommends the Board approve the Developer's Agreement with Mandala Village LLC and authorize the Chairman to execute it on behalf of the Board. Attachments: Aerial photo Comparison of Developer's Agreements Proposed Developer's Agreement with Mandala Village, LLC Copies to: Mandala Village LLC Peter Sweeney, Esq. Community Developmental Services Chris Mora, Interim County Engineer 319 Overview 5 COUNTY PARK CITY PARK BOAT RAMP CANOELAUNCH CANOE LANDING Golf Courses Water Parcel ID 32391700001014000003.0 Prop ID 45829 Owner MANDALA VILLAGE Last 2 Sales Sec[Tvp/Rng 17-32-39 Class 6000 - Improved Address LLC Date Price InstrType Quai Property 6250 53RD ST pasture land 9086 CASTLE 8/20/2018 $100 Unqualified U Address VERO BEACH Acreage 8.93 HARBORCIRCLE -11 VERO BEACH, FL 6/12/2018 11312544 QOM, Q 32963 QS District 7- COUNTY- NO SEBASTLANNiILfT Brief Tax Description INDIAN RIVER FARMS COMrMNYWM2-2SS 17TV* 32 RNG 39 TR 14 THE E 1/2 OF THE E 1/2 OF TR 1.4 LESS TW Of lnfTfM CAMALAOW' NM- UUD'* MAL DOC-UMONTS Daatcreaard; I?!1/iI9J tsst QaA�iil)itiwirA 12gY�Qllr0537AM 320 COMPARISON OF Mandala Village and Providence Pointe DEVELOPER AGREEMENTS ITEM Cost/Value MV PP R.O.W. dedication - 120' of Frontage Y N Provide Retention for 53rd Street $250,000+/- Y N County Reimbursement for 50% of 4 -Lane Extension of 53rd. St. N Y Developer Receives Impact Fee Credit for 53rd Street Construction N Y County to Share Costs for Roadway Landscaping $100,000 N Y Public Works Acknowledges 2 -Lanes Provide Traffic Concurrency Y Y MANDALA VILLAGE'S PROPOSED TERMS FOR ITS DEVELOPER'S AGREEMENT In the interest of fairness and the best outcomes for all parties involved, including Indian River County (the County), Providence Pointe, and Mandala Village (MV), we propose the following general terms: 1. MV will, at its own expense, construct transition lanes from the existing 58th Avenue and 53rd Street intersection pavement to the proposed northern two-lane road leading to MV's entrance, as a requirement for MV's Phase 1. 2. MV will, at its own expense, as part of Phase 2 construct the proposed northern two- lane road from its main entrance to its western property line, with transition lanes connecting to the existing dirt road west of MV. 3. MV will, at its own expense, construct the drainage piping and retention pond necessary to manage storm water along its southern border with 53rd Street. 4. MV will dedicate to the County 120 feet along its southern border, west of its easternmost parcel, for the county's right-of-way (ROW). 5. MV will, at its own expense, install landscaping for the northern two lanes of the road. 6. MV will coordinate with the County if Providence Pointe or the County decides to construct the southern two lanes while MV is building the northern two lanes. 7. MV will receive traffic impact fee credits for all 53rd Street road construction and retention costs. 8. County staff acknowledges this memo as a good -faith effort toward reaching an agreement with the County on the terms and conditions of its Developer's Agreement. The Senior Planner will be requested to schedule Mandala Village for the next available Planning and Zoning Commission meeting. 321 ME DAM IMM til: 111"3PM 1NTCRLMAA , j ;I Illi ' z I•, I i JrgLl�i`. ` — I j I ' R I I $' I I � , ' ' I it I T ' 1 , 1 g9 1► I ,, � 1 I ,t I, �..1 WT011puE.+1 s iia VILLAGE PRELIMINARY P.D.T.N.D. PHASE t "1v eow,w M3 f 4MS7PDSMET Mills, Short ?—Associates UliDIfSW11.gSR9A ��� ...1m. MST it • f..a.ral»e Ngo `�wR,R� ww � i411r L DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND MANDALA VILLAGE LLC FOR RIGHT-OF-WAY DEDICATION AND ASSOCIATED ROADWAY DRAINAGE IMPROVEMENTS THIS DEVELOPER'S AGREEMENT ("Agreement") is made and entered into this day of , 2023, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1801 27' Street, Vero Beach, FL 32960 ("County") and MANDALA VILLAGE, LLC, a Florida limited liability company, 9086 Castle Harbour Circle, Vero Beach, FL 32963 ("Developer"). WITNESSETH: WHEREAS, Developer proposes to develop a "Planned Development/Traditional Neighborhood Design" (PD/TND) Community located along the north side of 53rd Street, and West of 58th Avenue in Indian River County, Florida, to be known as Mandala Village, to include a mix of residential, commercial, hotel, recreational, and other uses on real property legally described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, at its regular meeting on January 21, 2020, the Board of County Commissioners of Indian River County approved the Developer's Planned Development Traditional Neighborhood Design ("PDTND") rezoning request and granted conceptual PD plan approval for "Mandala Village" ("Conceptual Plan"); and WHEREAS, a developer's agreement for right-of-way dedication is required as a condition of PD/TND approval; and WHEREAS, the County and the Developer share mutual goals and have determined that they can assist each other with respect to right-of-way dedication, roadway and drainage improvements, and other improvements described herein and required by the PD/TND approval; and WHEREAS, the County and the Developer desire to enter into this Agreement to set forth the terms and conditions to which they have agreed with respect to the matters contained herein. NOW, THEREFORE, for and in consideration of these premises, Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Developer do hereby covenant, stipulate, and agree as follows: 323 1. Recitals: The foregoing recitals are incorporated as if fully restated herein. 2. County acknowledges that approximately 1,289 feet of right of way for 53' Street has already been dedicated to the County along a portion of the Project's southern border recorded at O.R. Book 3058, Page 293, Public Records of Indian River County. Developer shall, within 60 days of approval of this Agreement, , dedicate to the County 120 feet of right of way for 53rd Street along the remainder of the Project's southern border. 3. The Developer acknowledges that the County has constructed a 300 -foot four -lane segment of 53rd Street, west of 58' Avenue, along with full signalization of the intersection, as part of the 58th Avenue widening project to accommodate future development of this project. 4. Prior to the issuance of a certificate of completion for Phase 1 of the project, the Developer shall design, permit, and construct the continuation of the roadway improvements from the west leg of the intersection of 53rd Street and 58th Avenue as a two-lane road to the Project's main entrance on 53rd Street for a distance of approximately 800 feet west of 58th Avenue together with a transition lane from the existing four -lane road to the two lane extension to the Developer's main entrance in accordance with design and engineering plans that shall be approved through the County right-of-way permitting process in accordance with Chapter 312 of the Indian River County Code of Ordinances, of which review and approval shall not be unreasonably withheld or delayed. All such plans shall include the required sidewalks on the north side of the road. Failure by the County to reply to the Developer's completed submission of such plans and specifications within 30 days per submittal shall constitute approval. 5. The Developer shall receive traffic impact fee credits for all design, engineering, permitting, and construction costs associated with the 53rd Street improvements described herein paid or contributed by the Developer, except for those costs associated with site related turn lanes or other site related improvements; and any landscaping in excess of the landscaping required by County Ordinance. These shall be considered "non -reimbursable costs"." 6. Prior to the issuance of a certificate of completion for Phase 1 of the Project, the Developer shall complete, at its own cost and expense, the following turn lane improvements: a. Westbound right turn lane at the Project's full access connection to 53rd Street, b. Eastbound left turn lane at the Project's full access connection to 53rd Street, c. Westbound right turn lane at the Project's right in/right out connection to 53rd Street, located approximately 350 feet west of 58th Avenue Right-of-way. Mandala Village DA 9-8-22 2 of 7 324 7. Prior to the issuance of a certificate of completion for Phase 2 of the Project, the Developer shall design, permit, and construct a 2 -lane paved road on the north side of the ROW from the main project entrance to the western boundary of project, prior to or concurrently with final plat approval for Phase 2 as shown on the conceptual PD Plan together with a transition lane from the two-lane road to the existing a two-lane dirt road at the Project's western boundary, in accordance with design and engineering plans that shall be approved through the County right-of- way permitting process in accordance with Chapter 312 of the Indian River County Code of Ordinances., of which review and approval shall not be unreasonably withheld or delayed. All such plans shall include required sidewalks on the north side of the road. Failure by the County to reply to the Developer's completed submission of such plans and specifications within 30 days per submittal shall constitute approval. 8. Developer and County acknowledge that the Developer shall dedicate ten feet (10') along the project's 58d' Avenue frontage with corner clip as shown on the Preliminary Plat within 60 days of approval of this Agreement. 9. At the time Developer elects to develop the Project, Developer agrees to incorporate sufficient capacity in the Project to provide stormwater treatment for that portion of 53rd Street which is adjacent to the Project. In addition, Developer shall dedicate a non-exclusive easement to the County to access, maintain, and utilize an appropriate stormwater tract for such purpose. If prior to the development of the Project, Phase 1 or Phase 2, the County moves forward with design, permitting, and construction of 53rd Avenue west of the current termination point of the four -lane section, the Developer agrees to provide a location for temporary stormwater facilities. The County shall be responsible for costs associated with the design, permitting, and construction of the temporary facility. 10. Prior to the issuance of a land development permit for Phase 1, the Developer shall provide a final design, acceptable to the county, for a public transit stop. 11. Miscellaneous: A. In the event of any litigation arising out of this Agreement, the prevailing party shall recover attorneys' fees and costs from the non -prevailing party. B. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all the parties hereto. C. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. Mandala Village DA 9-8-22 3 of 7 325 D. This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any parties hereto. This Agreement shall not be effective unless signed by the Developer and the County. E. The obligations of the Developer to this Agreement are expressly conditioned upon the Developer's decision, at the Developer's sole discretion, to proceed with the development of Mandala Village. F. No Building Permit, Certificate of Completion, or Certificate of Occupancy shall be withheld or delayed by the County for Mandala Village or any portion thereof, nor shall the County delay or withhold any other required permits, provided that the Developer is in compliance with this Agreement, all applicable laws and regulations. G. Except for the right-of-way dedications, roadway and stormwater improvements as described herein the County shall not require the Developer to construct, contribute to, or share in the costs of any off-site traffic improvements other than the payment of traffic impact fees as reduced by the traffic impact fee credits per the terms of this Agreement. H. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. Time shall be of the essence. I. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. K. The County and the Developer shall grant such further assurances and provide such additional documents as may be reasonably required by one another from time to time and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. L. Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or Mandala Village DA 9-8-22 4 of 7 326 conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. M. All words, terms, and conditions contained herein are to be read in concert each with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement. N. The words herein and hereof and words of similar import, without referenced to any particular section or subdivision of this Agreement, refer to this Agreement as a whole rather than to any particular section or subdivision hereof. O. In the event any term, conditions, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. Mandala Village DA 9-8-22 5 of 7 327 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA. LIM Susan Adams, Chairman BCC Approved: Approved by: John A. Titkanich, Jr. County Administrator Attest: Ryan L. Butler, Clerk of the Circuit Court and Comptroller Deputy Clerk Approved as to Form and Legal Sufficiency: William K. DeBraal, County Attorney Mandala Village DA 9-8-22 6 of 7 328 Signed, sealed and delivered in the presence of: Print Name: Print Name: STATE OF COUNTY OF MANDALA VILLAGE, LLC By: DAVID EDERER, Managing Member of 3V Development, LLC, Manager L-A Manager The foregoing instrument was acknowledged before me this day of , 2023, by , the Managing Member of 3V Development, LLC the Manager of Mandala Village, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (Notary Seal) Mandala Village DA 9-8-22 7 of 7 Print Name: Notary Public My Commission Expires: 329 SWDD Item Indian River County, Florida I ,� Solid Waste Disposal District Board Memorandum Date: November 30, 2023 To: Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Amendment Work Order No. 18 to Geosyntec for Segment 3, Cell 3 Site Preparations Descriptions and Conditions: On September 22, 2023, the Indian River County (IRC) Solid Waste Disposal District (SWDD) authorized Work Order No. 18 to Geosyntec Consultants, Inc. (Geosyntec) in the amount of $171,304.71 to provide engineering design, contractor procurement, and construction support services related to the Segment 3 — Cell 3 Phase 1 project. This initial phase is for site preparations, which includes the earthwork for the subgrade of Cell 3, appropriate routing of the perimeter stormwater ditch, and any impacts to groundwater monitoring wells and landfill gas probes, as necessary. Geosyntec completed the construction documents and assisted SWDD through the procurement process to select a contractor, Ryan Inc. Southern (Ryan) for the site preparation construction activities. Ryan mobilized to the Site on July 31, 2023 and estimated substantial completion by November 30, 2023. Geosyntec assumed up to 3 months for the site preparation activities after mobilization by the contractor. Staff has received the attached Amendment No. 1 to Work Order 18 to assist with the construction services through the end of the Phase 1 project. Analysis: Geosyntec has prepared Amendment No. 1 to Work Order No. 18, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the phases. It should be noted that the amendment does not include additional charges associated with Phases 3 & 5 of the original Scope of Work. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the Continuing Contract Agreement for Professional Services (CCNA), dated May 2, 2023. Amendment No. 1 to Work Order No. 18 is $39,783.73, bringing the overall project total to $211,088.44. The phases are listed below along with their estimated fees. Phase Description Budget Phase 1: General Consulting/Meeting Support/Project Management $3,308.36 Phase 2: Preparation of Additional Construction Documents $7,429.47 Phase 3: Contractor Procurement Support Services (No change) $0 Phase 4: Extended Construction -Phase Support Services $22,177.34 Phase 5: Abandonment and Installation of Existing Monitoring Wells and LFG Probe $0 Phase 6: Minor Modification Permit Application $6,868.56 Total $39,783.73 @BCL@D017E62B 3"e 1 of 2 SWDD Item Funding: Funding, in the amount of $39,783.73, for this project will be recorded in the SWDD/WIP/Cell 3 Landfill Expansion account, number 411-169000-22034. This is funded from SWDD assessments and user fees. Description I Account Number Amount SWDD/ WIP/Cell 3 Landfill Expansion 1 411-169000-22034 $39,783.73 Recommendation: Solid Waste Disposal District staff recommends that its Board approves and authorizes the Chairman to sign Amendment No. 1 to Work Order No. 18 authorizing Geosyntec to provide engineering services for a not to exceed fee of $39,783.73. Attachment: 1. Work Order No. 18 Amendment 1 2. Budget Estimate Geosentec 3. Segment 3 Cell Site Preparation Amendment 1 @BCL@D017E62B 3_We 2 of 2 2023015 — Continuing Consulting Engineering Services AMENDMENT TO WORK ORDER FOR Phase 1 - Segment 3, Cell 3 Site Preparation (Project Name) This Amendment 1 to Work Order Number 18 is entered into as of ,pursuant to that certain Continuing Contract Agreement, dated May 2, 2023, ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 18 , With an Effective Date of 22 November 2022 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Modification to Scope of Work), attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant within the timeframe set forth in the Work Order, or as amended in Exhibit A, 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 modified as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: By: Susan Adams, Chairman Print Name: Title: BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Scope, thresholds and amendment number confirmed by: John A. Titkanich, Jr., County Administrator K. Keith Jackman, Assistant County Attorney Purchasing 332 Table 1 BUDGET ESTIMATE -AMENDMENT #1 PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 1: GENERAL CONSULTING/MEETING SUPPORT/PROJECT MANAGEMENT ITEM BASIS RATE QUANTITY ESTIMATED COST Al-irvices a. Senior Princi al Hr $260.00 4 $1,040.00 b. Principal Hr $245.00 0 $0.00 c. Senior Professional Hr $225.00 0 $0.00 d. Project Professional Hr $203.00 10 $2,030.00 e. Professional Hr $176.00 0 $0.00 f. Senior Staff Professional Hr $154.00 0 $0.00 g. Staff Professional Hr $132.00 0 $0.00 Subtotal Professional Services $3,070.00 B. Technical/Administrative Services a. Senior Designer Hr $165.00 0 $0.00 b. Designer Hr $143.00 0 $0.00 c. Senior Drafter/Senior CADD Operator Hr $126.00 0 $0.00 d. Project Administrator Hr $71.00 2 $142.00 e. Clerical Hr $55.00 0 $0.00 Subtotal Technical/Administrative Services $142.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 0.00 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $3,212 $96.36 d. CADD Computer System Hr $15.00 0 $0.00 e. Vehicle Rental & Fuel Da $150.00 0 $0.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3.00 0 $0.00 Subtotal Reimbursables TOTAL ESTIMAT $96.36 3 308.36 333 Table 2 BUDGET ESTIMATE -AMENDMENT #1 PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 2: PREPARATION OF ADDITIONAL CONSTRUCTION DRAWINGS ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $260.00 1 $260.00 b. Principal Hr $245.00 0 $0.00 c. Senior Professional Hr $225.00 0 $0.00 d. Project Professional Hr $203.00 0 $0.00 e. Professional Hr $176.00 14 $2,464.00 f. Senior Staff Professional Hr $154.00 0 $0.00 g. Staff Professional Hr $132.00 0 $0.00 Subtotal Professional Services $2,724.00 B. Technical/Administrative Services a. Senior Designer Hr $165.00 25 $4,125.00 b. Designer Hr $143.00 0 $0.00 c. Senior Drafter/Senior CADD Operator Hr $126.00 0 $0.00 d. Project Administrator Hr $71.00 0 $0.00 e. Clerical Hr $55.00 0 $0.00 Subtotal Technical/Administrative Services $4,125.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 1 0.00 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $6,849 $205.47 d. CADD Computer System Hr $15.00 25 $375.00 e. Vehicle Rental & Fuel Da $150.00 0 $0.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3.00 0 $0.00 Subtotal Reimbursables $580.47 TOTAL ESTIMATED BUDGET :PHASE 2 7 429.47 334 Table 3 BUDGET ESTIMATE - AMENDMENT #1 PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 4: EXTENDED CONSTRUCTION -PHASE SUPPORT SERVICES ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $260.00 12 $3,120.00 b. Principal Hr $245.00 0 $0.00 c. Senior Professional Hr $225.00 0 $0.00 d. Project Professional Hr $203.00 0 $0.00 e. Professional Hr $176.00 16 $2,816.00 f. Senior Staff Professional Hr $154.00 0 $0.00 g. Staff Professional Hr $132.00 0 $0.00 Subtotal Professional Services $5,936.00 B. Technical/Administrative Services a. Senior Designer Hr $165.00 0 $0.00 b. Designer Hr $143.00 0 $0.00 c. Senior Drafter/Senior CADD Operator Hr $126.00 0 $0.00 d. Project Administrator Hr $71.00 2 $142.00 e. Clerical Hr $55.00 0 $0.00 Subtotal Technical/Administrative Services $142.00 C. Indirect Expenses a. Subcontractor Services (AACE) Each 1 $14,470.00 1 1.10 $15,917.00 Subcontractor Services $15,917.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $6,078 $182.34 d. CADD Computer System Hr $15.00 0 $0.00 e. Vehicle Rental & Fuel Da $150.00 0 $0.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3.00 0 $0.00 Subtotal Reimbursables $182.34 TOTAL ESTIMATED BUDGET: PHASE 3 22 177.34 335 Table 4 BUDGET ESTIMATE - AMENDMENT #1 PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 6: MINOR MODIFICATION PERMIT APPLICATION ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $260.00 12 $3,120.00 b. Principal Hr $245.00 0 $0.00 c. Senior Professional Hr $225.00 0 $0.00 d. Project Professional Hr $203.00 0 $0.00 e. Professional Hr $176.00 12 $2,112.00 f. Senior Staff Professional Hr $154.00 0 $0.00 g. Staff Professional Hr $132.00 0 $0.00 Subtotal Professional Services $5,232.00 B. Technical/Administrative Services a. Senior Designer Hr $165.00 8 $1,320.00 b. Designer Hr $143.00 0 $0.00 c. Senior Drafter/Senior CADD Operator Hr $126.00 0 $0.00 d. Project Administrator Hr $71.00 0 $0.00 e. Clerical Hr $55.00 0 $0.00 Subtotal Technical/Administrative Services $1,320.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 1 0.00 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $6,552 $196.56 d. CADD Computer System Hr $15.00 8 $120.00 e. Vehicle Rental & Fuel Da $150.00 0 $0.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3.00 0 $0.00 Subtotal Reimbursablesl $316.56 TOTAL ESTIMATED BUDGET: PHASE 4 $6.868.56 336 GEOSYNTEC CONSULTANTS INDIAN RIVER COUNTY CONTINUING ENGINEERING SERVICES AGREEMENT RATES ARE EFFECTIVE MAY 18, 2021 THROUGH APRIL 16, 2023 Staff Professional $132 Senior Staff Professional $154 Professional $176 Project Professional $203 Senior Professional $225 Principal $245 Senior Principal $260 Technician 1 $66 Technician II $77 Senior Technician 1 $82 Senior Technician II $88 Site Manager 1 $98 Site Manager II $110 Construction Manager 1 $120 Construction Manager II $132 Senior Designer $165 Designer $143 Senior Drafter/Senior CADD Operator $126 Drafter/CADD Operator/Artist $115 Project Administrator $71 Clerical $55 Direct Expenses At Cost Subcontract Services Cost plus 10% Technology/Communications Fee 3% of Professional Fees Specialized Computer Applications (per hour) $15 Personal Automobile (per mile) Current Gov't Rate Photocopies (per page) $0.12 337 2023015 — Continuing Consulting Engineering Services AMENDMENT TO WORK ORDER FOR Phase 1 - Segment 3, Cell 3 Site Preparation (Project Name) This Amendment 1 to Work Order Number 18 is entered into as of ,pursuant to that certain Continuing Contract Agreement, dated May 2, 2023, ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 18 , with an Effective Date of 22 November 2022 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Modification to Scope of Work), attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant within the timeframe set forth in the Work Order, or as amended in Exhibit A, 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 modified as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Print Name: Title: By: Susan Adams, 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: Scope, thresholds and amendment number confirmed by: K. Keith Jackman, Assistant County Attorney Purchasing 338 EXHIBIT A PROFESSIONAL SERVICES 339 Geosyntec consultants Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 PH 904.858.1818 www.geosyntec.com 14 November 2023 Subject: Proposal to Provide Engineering and Construction Support Services Site Preparation for Cell 3 of Segment 3 Expansion Indian River County Class I Landfill Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit this proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide additional engineering design and construction support services related to the site preparation activities for Cell 3 of Segment 3 Expansion of the Class I Landfill (hereafter referred to as the Project) at the IRC Landfill (IRCL) facility located in Vero Beach, Florida. The site preparation activities include preparation of the subgrade of the approximately 10.5 -acre Cell 3 footprint, and associated stormwater management features and groundwater monitoring wells in order to expedite the construction of the Cell 3 liner system under a separate procurement contract. This proposal presents the scope of work, schedule, and budget estimate for the additional services related to Phase 1 — Segment 3 Cell 3 site preparation activities. This proposal was prepared by in response to discussions between Mr. Himanshu Mehta, P.E., Managing Director of SWDD and Mr. Ron T. Jones, BCEE, Assistant Managing Director of SWDD and Dr. Timothy Copeland, P.E and Dr. Kwasi Badu-Tweneboah, P.E. both of Geosyntec. Geosyntec has prepared this proposal (professional services) as Exhibit A of Amendment 1 to CCNA-2018-WO No. 18, pursuant to that certain Continuing Contract Agreement for Professional Services, dated 2 May 2023, ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Cons ultant"). The remainder of this proposal is organized to present: (i) project background; (ii) propo sed scope of work; (iii) and budget estimate. FL9363-01/ JL23067 Segment 3 Cell 3 Site Preparation Amendment Ldoc enghwers I scientists I innovators 340 Mr. Himanshu Mehta, P. E. 14 November 2023 Page 2 PROJECT BACKGROUND The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo Road, and west of Rangeline Road in Vero Beach, Florida. The SWDD administers the management and operation of the Class I landfill at the IRCL facility. The Class I Landfill includes the closed Segment 1/Infill/Segment 2 vertical expansion, and Segment 3 lateral expansion (Segment 3). The total footprint area of Segment 3 is 76 acres and consist of eight cells that are being constructed in phases as needed. Segment 3, Cell 1, directly east of and on top of the east slope of Segment 2, was constructed in 2013. Segment 3, Cell 2 was constructed in 2020. Republic Services of Florida LP (Republic), the operator of the Class I Landfill, has estimated that filling of Cell 2 will be nearly completed by the end of Calendar Year (CY) 2023 and has therefore recommended that SWDD considers construction of Cell 3 during CY 2023. In order to expedite Cell 3 construction, SWDD would like to implement it in two phases, as follows: • Phase 1: Site preparation activities consisting primarily of the earthwork for construction of the subgrade for Cell 3; the fill material will be obtained from off-site borrow sources with the actual placement and compaction to be performed by a contractor through the procurement process. • Phase 2: Construction of the Cell 3 liner and leachate control systems to be performed by a contractor selected through a separate procurement process. On 22 September 2023 SWDD authorized Work Order 18 to Geosyntec to provide engineering and construction support services related to Phase I Site preparation activities for Cell 3 liner construction. The scope of services included preparation of construction documents, contractor procurement support services, and construction -phase support services. ccccc This proposal addresses the additional engineering design and construction support services required to complete Phase 1 of the Project, including additional engineering design services requested by SWDD, additional construction support services including additional geotechnical testing required to substantially complete construction by the contractor. In addition, SWDD requested that Geosyntec prepare a minor modification permit application to include leachate toe drains in Cells 3 and 4 for submittal to FDEP prior to Phase 2 construction. FL9363-01/ JL23067 Segment 3 Cell 3 Site Preparation Amendment Ldoc engineers I scientists I innovators 341 Mr. Himanshu Mehta, P. E. 14 November 2023 Page 3 PROPOSED SCOPE OF WORK In additional to the original project scope of work this proposal presents the need for additional scope including, additional geotechnical testing, preparation of additional construction drawings, extended construction support services, and preparation of minor modification permit application. For budgeting purposes, the additional scope of work is divided into the following four phases: • Phase 1 — General Consulting/Meeting Support/Project Management; • Phase 2 — Preparation of Additional Construction Drawings; • Phase 3 — Extended Construction -Phase Support Services; and • Phase 4 — Minor Modification Permit Application. Phase 1— General Consulting/Meeting Support/Project Management Under this phase, Geosyntec will perform project management responsibilities, such as correspondence with SWDD and FDEP, review of subcontractors' invoices, project coordination, and administration including monthly invoicing. Phase 2 — Preparation of Additional Construction Documents This phase includes the additional effort made to re -align the perimeter road on the eastern edge of Cell 4 as directed by Ronnie Jones of IRC SWDD. Additional Construction Drawings were prepared utilizing the Segment 3 Expansion Permit Drawings prepared by Geosyntec in March 2010 and revised in November 2015. Construction control points were provided for construction. Phase 4 — Extended Construction -Phase Support Services The originally approved Work Order assumed engineering support services for a 2 to 3 month construction duration. As of October 31St, 2023, the Project has surpassed the 3 month projection based on the contractor's schedule. The additional support projected to finish this project will include an additional month of contracting services based on the contractors' current schedule estimation. Therefore, Geosyntec will provide construction and engineering support services for an additional month. This includes preparation and participation in weekly construction progress meetings, preparation meeting minutes, and review of contractor's submittals including payment application requests. In addition, as part of this phase, a proposal provided by AACE for the additional work required to complete the Project is included as Attachment A. Geosyntec will also continue to review all FL9363-01/ JL23067 Segment 3 Cell 3 Site Preparation Amendment Ldoc engineers I scientists I innovators 342 Mr. Himanshu Mehta, P. E. 14 November 2023 Page 4 test results to ensure compliance with the project specifications and FDEP-issued permit for the Class I Landfill. Phase 6 — Minor Modification Permit Application This phase includes the additional effort made to prepare a minor modification permit application to add leachate toe drains along the north-eastern and north-western limits of both Cell 3 of Segment 3 and the future Cell 4 of Segment 3.for submittal to the FDEP. At the request of SWDD, Geosyntec scheduled and participated in a pre -application meeting with FDEP and is in the process of finalizing the application for submittal to FDEP. BUDGET ESTIMATE A budget estimate for the scope of work outlined in Phase 1 through 4 of this proposal is summarized in the following table. A detailed budget estimate is provided as Attachment B. Note that fee for the geotechnical testing is included in Phase 1. • Phase 1 — General Consulting/Meeting Support/Project Management $3,308.36 • Phase 2 — Preparation of Additional Construction Drawings $7,429.47 • Phase 4 — Extended Construction -Phase Support Services $22,177.34 • Phase 6 — Minor Modification Permit Application $6,868.56 TOTAL $39,783.73 Geosyntec will not exceed the cost estimate without prior approval and written authorization from SWDD. FL9363-01/ IL23067 Segment 3 Cell 3 Site Preparation Amendment Ldoc engineers I scientists i innovators 343 Mr. Himanshu Mehta, P. E. 14 November 2023 Page 5 CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Dr. Badu-Tweneboah's attention. Please call the undersigned with questions you may have as you review this proposal. Sincerely, Timothy Copeland, Ph.D., P.E. Engineer Kwasi Badu-Tweneboah, Ph.D., P.E. Senior Principal Attachments Attachment A: Andersen Andre Consulting Engineering Inc. Proposal Attachment B: Detailed Budget Estimate FL9363-01/ JL23067 Segment 3 Cell 3 Site Preparation Amendment l .doc engineers I sdiendM I i=afttors 344,: ATTACHMENT A AACE PROPOSAL 345 ANDERSEN ANDRE CONSULTING ENGINEERS, INC. AACE Proposal No. P23 -2668.A Geotechnical Engineering October 24, 2023 Construction Materials Testing Environmental Consulting Geosyntec Consultants, Inc. 1200 Riverplace Boulevard, Suite 710 Jacksonville, FL 32207 Attention: Mr. Timothy Copeland, Ph.D., P.E. PROPOSAL FOR SUPPLEMENTARY CONSTRUCTION MATERIALS TESTING SERVICES INDIAN RIVER COUNTY LANDFILL PROPOSED CELL NO.3 SITE PREPARATION INDIAN RIVER COUNTY, FLORIDA Andersen Andre Consulting Engineers, Inc. (AACE) is pleased to present this proposal for providing supplementary construction materials testing for the above -referenced project. AACE is currently providing in-place density testing of the fill being placed to form the base of the proposed Cell No. 3. As part of these on-going efforts, we now understand that we are being requested to perform these services on a part-time schedule, with an AACE technician being on-site every day in the afternoon (approximately 1PM to the end of the work day, Monday through Friday) until the end of November 2023. We note that this level of presence may not satisfy the testing frequency outlined in the project specifications. We estimate that the cost of our additional services will be $14,470.00. Charges will be made for the work actually performed using the unit fees given in the attached "Project Services and Fees" which are included in our Continuing Services Contract with Indian River County. Contractor efficiency, methodology and changes in testing frequencies may affect the testing cost. We will notify you in advance if it appears that the cost estimate will be exceeded. To authorize us to proceed with this project, please execute and return to us a copy of the attached Professional Services Agreement form or a Purchase Order number. If you have any questions or if we can provide any additional information, please feel free to contact us at your convenience. Best Regards, ANDERSEN ANDRE CONSULTING ENGINEERS, INC. Peter G. Andersen, P.E. Principal Engineer David P. Andre, P.E. Principal Engineer 834 SW Swan Avenue, Port St. Lucie, Florida 34983 Ph: 772-807-9191 Fz: 772-807-9192 www.aaceinc.com 346 SUPPLEMENTARY CONSTRUCTION MATERIAIS TESTING SERVICES Page -2- INDIAN RIVER COUNTY LANDFILL - PROPOSED CELL No. 3 SITE PREPARATION AACE PROPOSAL No. P23 -2668.A PROJECT SERVICES AND FEES In -Place Density Testing • 35 site visits @ 4 hours per visit @ $63.00/hour (Sr. Engineering Technician) .................... $8,820.00 Additional Laboratory Testing • 15 Standard Proctor Tests [ASTM D698] @ $91.00/test..................................... $1,365.00 • 15 Particle -Size Analysis [ASTM D422] @ $65.00/test........................................ $975.00 Professional Services • Sr. Project Engineer; 20 hours @ $128.00/hour............................................ $2,560.00 • Technical Secretary; 15 hours @ $50.00/hour............................................... $750.00 Total Anticipated Project Cost:..... $14,470.00 The following conditions apply to this project: (1) Stand-by time will be charged at $63.00/hour per technician. (2) The contractor should contact Andersen Andre Consulting Engineers, Inc. at (772) 807-9191 a minimum of 24 hours prior to any testing and 48 hours prior to weekend and evening work. (3) Unit rates apply to standard working days, Monday through Friday, 7:00 a.m to 6:00 p.m. Testing and hourly rates will be increased by 50% for weekend, holiday or after-hours services. (4) If our testing estimate for a specific work element is insufficient for that particular activity, resources from another work element can be used without prior authorization from the client as long as our total cost estimate is not exceeded. We will notify you in advance if it appears that the cost estimate presented in the attached unit fee schedule will be exceeded. (5) Soil sample pickup for laboratory testing will be billed at $63.00/hour if not scheduled with other work. (6) AACE's field technicians and engineering do not direct or witness the performance of any work. Neither the presence of an AACE representative on-site nor the observation and testing by our firm implies AACE's responsibility for defects discovered in the construction work. (7) AACE will not be responsible for job or site safety for this project; job site safety will be the sole responsibility of the contractor. ANDERSEN ANDRE CONSULTING ENGINEERS, INC. WWW.AACEINC.COM 347 ANDERSEN ANDRE CONSULTING ENGINEERS, INC. PROFESSIONAL SERVICES AGREEMENT AACE Proposal No: P23 -2668.A Project Name: INDIAN RIVER COUNTY LANDFILL - PROPOSED CELL No. 3 SITE PREPARATION SUPPLEMENTARY CONSTRUCTION MATERIALS TESTING SERVICES Client: Geosyntec Consultants, Inc. Attn: Mr. Timothy Copeland, Ph.D., P.E. Address: 1200 Riverplace Boulevard, Suite 710 Jacksonville, FL 32207 Client hereby requests and authorizes Andersen Andre Consulting Engineers, Inc. ("AACE") to perform the following services: Perform supplementary construction materials testing during the construction of the INDIAN RIVER COUNTY LANDFILL - PROPOSED CELL No. 3 SITE PREPARATION, as detailed herein. Estimated Budget: $14,470.00 Payment Terms: Net 30 days from invoice date; invoices will be sent every four weeks for continued or extended projects. Interest charges, 1'/2% per month following the due date. Proposal Acceptance: By accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre Consulting Engineers, Inc.'s General Conditions appearing on the reverse side of this page are incorporated herein by reference. In the event this Professional Services Agreement was received by facsimile or via email, Client hereby confirms that the above described Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre ConsultingEngineers, Inc.'s General Conditions have been made available and are incorporated in this agreement. PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013) AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. Accepted by CLIENT: Accepted for AACE: By: Name: Title: Date: Billing Address: Phone/Email: By: - Name: Peter G. Andersen, P.E. Title: Principal Engineer Date: October 24.2023 348 GENERAL CONDITIONS 1- Parties And Scope Of Work: Andersen Andre Consulting Engineers, Inc. (hereinafter referred to as "AACE'� shall include said company, its individual professionals, particular division, subsidiary or affiliate performing the Work. "Work" means the specific geotechnical, analytical, testing, environmental or other service to be performed by AACE as set forth in AACE's proposal, the Client's acceptance thereof, both incorporated herein by this reference, and these General Conditions. "Client" refers to the person or business entity ordering the Work to be done by AACE. If the client is ordering the Work on behalf of another, the Client represents and warrants that the Client is the duly authorized agent of said party for the purpose of ordering and directing said Work. Further, Client shall disclose any such agency relationship to AACE in writing before the commencement of AACE's Work hereunder. Client agrees that AACE's professional duties are specifically limited to the Work as set forth in AACE's proposal. The Client assumes sole responsibility for determining whether the quantity and the nature of the Work ordered by the Client is adequate and sufficient for the Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom the Client transmits any part of AACE's Work. AACE's Work is for the exclusive use of Client, and its properly disclosed principal. In no event shall AACE have any duty or obligation to any third party. The ordering of Work from AACE shall constitute acceptance of the terms of AACE's proposal and these General Conditions. 2 - Scheduling of Work: If AACE is required to delay commencement of the work, or if, upon embarking on its work, AACE is required to stop, delay or otherwise interrupt the progress of work as a result of changes in the scope of work requested by the client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the exclusive reasonable control of AACE, additional charges will be applicable and payable by the Client 3 - Responsibility: AACE's work shall not include determining, supervising, or implementing the means, methods, techniques, sequences or procedures of construction. AACE shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. AACE's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. 4 - Payment: Payment shall be due within 30 days after date of invoice. Interest at the rate of 18% per annum (or the highest rate allowable by law) from 30 days after date of invoice to date payment is received will be added to all amounts not paid within 30 days after date of invoice. All attorney fees and expenses associated with collection of past due invoices will be paid by Client 5 - Right -of -Entry: Unless otherwise agreed, Client will furnish right -of -entry on the property for AACE to make the planned borings, surveys, and/or explorations. AACE will take reasonable precautions to minimise damage to the property caused by its equipment and sampling procedures, but the cost of restoration or damage which may result from the planned operations is not included in the contracted amount If Client desires to restore the property to its former condition, AACE will accomplish this and add the cost to its fee. 6 - Damage to Existing Man-made Objects: It shall be the responsibility of the Owner or his duly authorized representative to disclose the presence and accurate location of all hidden or obscure man-made objects relative to field tests, sampling, or boring locations. When cautioned, advised or given data in writing that reveal the presence or potential presence of underground or overground obstructions, such as utilities, AACE will give special instructions to its field personnel. As evidenced by your acceptance of this proposal, Client agrees to defend, indemnify and save harmless AACE from all claims, suits, losses, personal injuries, death and property liability resulting from subsurface conditions or damages to subsurface structures or man made objects, owned by Client or third parties, occurring in the performance of the proposed work, whose presence and exact locations were not revealed to AACE in writing, whether such claims or damages are caused in whole or in part by AACE, and agree to reimburse AACE for expenses in connection with any such claims or suits, including reasonable attorney's fees. Client's obligation to indemnify is limited to $1 million per occurrence, which Client agrees bears a reasonable commercial relationship to the Work undertaken by AACE. Client further agrees that these general conditions are a part of the Work's specifications or bid documents, if any. 7 - Warranty and Limitation of Liability AACE shall perform services for Client in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent consultants practicingin the same or a similar locality as the project. In the event anypottion of the services fails to comply with this warranty obligation and AACE is promptly notified in writingprior to one year after completion of such portion of the services, AACE will re -perform such portion of the services, or if re -performance is impracticable, AACE will refund the amount of compensation paid to AACE for such portion of the services. This warranty is in lieu of all other warranties. No other warranty, expressed or implied, including warranties of merchantability and fitness for a particular purpose is made or intended by the proposal for consulting services, by furnishing an oral response of the findings made or by any representations made regarding the services included in this agreement In no event shall AACE be liable for any special, indirect, incidental, or consequential loss or delay or time -related damages. The remedies set forth herein are exclusive and the total liability of consultant whether in contract, tort (including negligence whether sole or concurrent), or otherwise arising out of; connected with or resulting from the services provided pursuant to this Agreement shall not exceed the total fees paid by Client or $50,000.00, whichever is greater. Client may, upon written request received within five days of Client's acceptance hereof, increase the limit of AACE's liability by agreeing to pay AACE an additional stun as agreed in writing prior to the commencement of AACE's services. This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the greater liability involved. For services involving or relating to pollution, it is further agreed that the Client shall indemnify and hold harmless AACE and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct and indirect or consequential damages, including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the performance of the work by AACE, or claims against AACE arising from the work of others. This indemnification provision extends to claims against AACE which arise out of, are related to, or are based upon, the disposal, discharge, escape, release or saturation of vapors, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other material, irritant, contaminant or pollutant in or into the atmosphere or on, onto, upon, in or into the surface or subsurface. Client's obligation to indemnify is limited to $1 million per occurrence, which Client agrees bears a reasonable commercial relationship to the Work undertaken by AACE. Client further agrees that these general conditions are a part of the Work's specifications or bid documents, if any. 8 - Sampling or Testing Location: Unless specifically stated to the contrary, the fees included in this proposal do not include costs associated with professional land surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on our sketches are based on specific information furnished to us by others or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in the report. 9 - Sample Handling and Retention: Genetallytest samples or specimens are consumed and/or substantially altered during the conduct of tests and AACE, at its sole discretion, will dispose (subject to the following) of any remaining residue immediately upon completion of test unless required in writing by the Client to store or otherwise handle the samples. (a) NON HAZARDOUS SAMPLES: At Client's written request, AACE will maintain preservable test samples and specimens or the residue therefrom for thirty (30) days after submission of AACE's report to Client free of storage charges. After the�iuitial 30 days and upon written request, AACE will retain test specimens or samples for a mutually acceptable storage charge and period of time. (b) HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES: In the event that samples contain substances or constituents hazardous or detrimental to human health, safety or the environment as defined by federal, state or local statutes, regulations, or ordinances ("Hazardous Substances" and "Hazardous Constituents", respectively), AACE will, after completion of testing and at Client's expense: (1) return such samples to Client; (mi) using a manifest signed by Client as generator, will have such samples transported to a location selected by Client for final disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of such samples. Client recognizes and agrees that AACE is acting as a bailee and at no time does AACE assume title of said waste. 10 - Discovery of Unanticipated Hazardous Materials: Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present AACE and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. RACE and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for AACE to take immediate measures to protect health and safety. AACE agrees to notify Client as soon as practicable should unanticipated hazardous materials or suspected hazardous materials be encountered. Client encourages AACE to take any and all measures that, in AACE's professional opinion, are justified to preserve and protect the health and safety of AACE's personnel and the public. Client agrees to compensate AACE for the additional cost of working to protect employees' and the public's health and safety. In addition, Client waives any claim against AACE, and agrees to defend, indemnify and save AACE harmless from any claim or liability for injury or loss arising from AACE's discovery of unanticipated hazardous materials or suspected hazardous materials. Client also agrees to compensate AACE for any time spent and expenses incurred by AACE in defense of any such claim, with such compensation to be based upon AACE's prevailing fee schedule and expense reimbursement policy relative to recovery of direct project costs. 11- Joint and Several Liability: The concept of joint and several liability is basically this: When two or more patties are considered responsible for causing injury or damage, any one of the patties may be made to provide compensation for as much as 100% of the damages assessed. When applied to hazardous materials projects, it is possible that the concept of joint and several liability could be construed to make AACE partly or wholly responsible for damages created directly or indirectly by the hazardous materials. Client agrees that it would be unfair for AACE to be exposed to such an action, because AACE had nothing whatsoever to do with the creation of the hazardous condition. Accordingly, Client waives any claim against AACE, and agrees to defend, indemnify and save AACE harmless from any claim or liability for injury or loss arising from application of a joint and several liability concept that would, in any manner, hold or seek to hold AACE responsible for creating a hazardous condition or permitting one to exist Client also agrees to compensate RACE for anytime spent and expenses incurred by AACE in defense of any such claim with such compensation to be based upon AACE's prevailing fee schedule and expense reimbursement policy relative to recovery of direct project costs. 12 - Legal jurisdiction: The parties agree that any actions brought to enforce any provision of this Agreement shall only be brought in a court of competent jurisdiction located in St. Lucie County, Florida All causes of action arising out of AACE's Work shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of substantial completion of the Work for acts or failures to act occurring prior to substantial completion, or the date of issuance of final payment for acts or failures to act occurring after substantial completion of the Work. 13 - Force Majeure: AACE shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requitement, civil or military authority, acts of God, actor omission of subcontractors, carries, client or other similar causes beyond its controL 349 ATTACHMENT B DETAILED BUDGET ESTIMATE 350 Table 1 BUDGET ESTIMATE PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 1: GENERAL CONSULTING/MEETING SUPPORT/PROJECT MANAGEMENT ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $260.00 4 $1,040.00 b. Principal Hr $245.00 0 $0.00 c. Senior Professional Hr $225.00 0 $0.00 d. Project Professional Hr $203.00 10 $2,030.00 e. Professional Hr $176.00 0 $0.00 f. Senior Staff Professional Hr $154.00 0 $0.00 g. Staff Professional Hr $132.00 0 $0.00 Subtotal Professional Services $3,070.00 B. Technical/Administrative Services a. Senior Designer Hr $165.00 0 $0.00 b. Designer Hr $143.00 0 $0.00 c. Senior Drafter/Senior CADD Operator Hr $126.00 0 $0.00 d. Project Administrator Hr 1 $71.00 2 $142.00 e. Clerical Hr 1 $55.00 0 $0.00 Subtotal Technical/Administrative Services $142.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 0.00 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $3,212 $96.36 d. CADD Computer System Hr $15.00 0 $0.00 e. Vehicle Rental & Fuel Da $150.00 0 $0.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3.00 0 $0.00 Subtotal Reimbursables $96.36 TOTAL ESTIMATED BUDGET: PHASE 1 $3,308.36 351 Table 2 BUDGET ESTIMATE PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 2: PREPARATION OF ADDITIONAL CONSTRUCTION DRAWINGS ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $260.00 1 $260.00 b. Principal Hr $245.00 0 $0.00 c. Senior Professional Hr $225.00 0 $0.00 d. Project Professional Hr $203.00 0 $0.00 e. Professional Hr $176.00 14 $2,464.00 f. Senior Staff Professional Hr $154.00 0 $0.00 g. Staff Professional Hr $132.00 0 $0.00 Subtotal Professional Services $2,724.00 B. Technical/Administrative Services a. Senior Designer Hr $165.00 25 $4,125.00 b. Designer Hr $143.00 0 $0.00 c. Senior Drafter/Senior CADD Operator Hr $126.00 0 $0.00 d. Project Administrator Hr $71.00 1 0 $0.00 e. Clerical Hr $55.00 1 0 $0.00 Subtotal Technical/Administrative Services $4,125.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 1 0.00 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $6,849 $205.47 d. CADD Computer System Hr $15.00 25 $375.00 e. Vehicle Rental & Fuel Da $150.00 0 $0.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3.00 0 $0.00 Subtotal Reimbursables $580.47 TOTAL ESTIMATED BUDGET: PHASE 2 __17,429.47 352 Table 3 BUDGET ESTIMATE PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 4: EXTENDED CONSTRUCTION -PHASE SUPPORT SERVICES ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $260.00 12 $3,120.00 b. Principal Hr $245.00 0 $0.00 c. Senior Professional Hr $225.00 0 $0.00 d. Project Professional Hr $203.00 0 $0.00 e. Professional Hr $176.00 16 $2,816.00 f. Senior Staff Professional Hr $154.00 0 $0.00 g. Staff Professional Hr $132.00 0 $0.00 Subtotal Professional Services $5,936.00 B. Technical/Administrative Services a. Senior Designer Hr $165.00 0 $0.00 b. Designer Hr $143.00 0 $0.00 c. Senior Drafter/Senior CADD Operator Hr $126.00 0 $0.00 d. Project Administrator Hr $71.00 2 $142.00 e. Clerical Hr $55.00 0 $0.00 Subtotal Technical/Administrative Services $142.00 C. Indirect Expenses a. Subcontractor Services (AACE) Each 1 $14,470.00 1 1.10 $15,917.00 Subcontractor Services $15,917.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $6,078 $182.34 d. CADD Computer System Hr $15.00 0 $0.00 e. Vehicle Rental & Fuel Da $150.00 0 $0.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3.00 0 $0.00 Subtotal Reimbursables $182.34 TOTAL ESTIMATED BUDGET: PHASE 3 $22,177.34 353 Table 4 BUDGET ESTIMATE PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 6: MINOR MODIFICATION PERMIT APPLICATION ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $260.00 12 $3,120.00 b. Principal Hr $245.00 0 $0.00 c. Senior Professional Hr $225.00 0 $0.00 d. Project Professional Hr $203.00 0 $0.00 e. Professional Hr $176.00 12 $2,112.00 f. Senior Staff Professional Hr $154.00 0 $0.00 g. Staff Professional Hr $132.00 0 $0.00 Subtotal Professional Services $5,232.00 B. Technical/Administrative Services a. Senior Designer Hr $165.00 8 $1,320.00 b. Designer Hr $143.00 0 $0.00 c. Senior Drafter/Senior CADD Operator Hr $126.00 0 $0.00 d. Project Administrator Hr $71.00 0 $0.00 e. Clerical Hr $55.00 0 $0.00 Subtotal Technical/Administrative Services $1,320.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 0.00 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $6,552 $196.56 d. CADD Computer System Hr $15.00 8 $120.00 e. Vehicle Rental & Fuel Da $150.00 0 $0.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3.00 0 $0.00 Subtotal Reimbursables $316.56 TOTAL ESTIMATED BUDGET: PHASE 4 $6,868.56 354 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 30, 2023 To: Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Work Order No. 7 to Kimley-Horn for the Solid Waste Disposal District Annual Financial Reports Descriptions and Conditions: The Solid Waste Disposal District (SWDD) is required by the Florida Department of Environmental Protection (FDEP) to annually prepare a Full Cost Accounting Report and a Financial Assurance Report that must be certified by a third -party professional engineer. The Financial Assurance Report determines SWDD's annual obligations to fund escrow accounts for the closure and long-term care of the County's active landfills. The Full Cost Accounting Report is to inform residents of the County of the full cost of collection, management, and disposal of solid waste in the County. Analysis: Kimley-Horn and Associates, Inc. (KHA) has prepared Work Order No. 7, per the Continuing Consulting Engineering Services Agreement for Professional Services, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement entered into on May 2, 2023. The tasks are listed below showing the expected completion dates and their estimated fees. TASK DESCRIPTION DUE DATE AMOUNT Task 1 Full Cost Accounting Report 30 Days from NTP (a) $ 7,500 Task 2 Financial Assurance Report 2.1— Closure Cost Adjustment 2.2 — Survey/Air Space Adjustment 30 Days from NTP (b) 90 Days from NTP $ 17,250 Task 3 Landfill Depletion Model 1 60 Days from NTP $26,800 Subconsultant — MM&T Survey and Other Direct Costs $23,500 TOTAL (Lump Sum) _ $75,050 NTP — Notice to Proceed (a) And receipt of data from SWDD (b) Escrow balance and budget recommendations will be provided within 30 days of receipt of information from SWDD @BCL@141811F9 Page 1 of 2 355 SWDD Item Funding: Funding for the SWDD Annual Financial Reports is budgeted and available in the SWDD/Landfill/Engineering Services account, number 41121734-033130, for a total amount of $75,050, which is funded from SWDD assessments and user fees. Description I Account Number Amount SWDD/Landfill/Engineering Services 1 41121734-033130 $75,050 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve Work Order No. 7 with Kimley-Horn and Associates, Inc. for $75,050 to provide engineering services related to the SWDD Annual Financial Reports; and authorize the Chairman to execute the same, as presented. Attachment: 1. Work Order No. 7 — KHA @BCL@141811F9 Page 2 of 2 356 CCNA2023 WORK ORDER 7 FISCAL YEAR 2022-2023 FULL COST ACCOUNTING, FINANCIAL ASSURANCE AND LANDFILL DEPLETION MODEL This Work Order Number 7 is entered into as of this _ day of , 2023, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of the 2ND day of May, 2023 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to 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 Kimley-Horn and Associates, Inc. OF INDIAN RIVER COUNTY By: By: Brian A. Good, P.E. Print Name: Susan Adams, Chairman Title: Senior Vice President BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk John A. Titkanich, Jr., County Administrator K. Keith Jackman, Assistant County Attorney 357 WORK ORDER NUMBER 7 FISCAL YEAR 2022 — 2023 FULL COST ACCOUNTING, FINANCIAL ASSURANCE AND LANDFILL DEPLETION MODEL EXHIBIT A SCOPE OF WORK PROJECT UNDERSTANDING Indian River County (COUNTY) Solid Waste Disposal District (SWDD) is required to update and submit the landfill closure cost estimate to the Florida Department of Environmental Protection (FDEP) Solid Waste Operations Permit No. 0128769 -023 -SO Specific Condition F.2. SWDD is also required to document full cost accounting and financial assurance every five years in accordance with Specific Condition A.6; however, to ensure that the landfill escrow balance remains on track to adequately cover the closure costs, SWDD completes the full cost accounting and financial assurance process annually (without submittal to FDEP). Kimley-Horn and Associates (CONSULTANT) will perform following Scope of Services for the preparation of the Full Cost Accounting Evaluation (Fiscal Year 2022-2023), Financial Assurance (FY 2023-2024), and Closure Cost Estimate Update. The Scope of Services will also include development of a model to simulate the filling sequence of the available airspace to more accurately predict the timing for construction of future cells. SCOPE OF SERVICES Task 1: Full Cost Accounting Evaluation for Fiscal Year 2022 - 2023 In accordance with the requirements of Chapter 62-708.400(1), F.A.C., and F.S. 403.7049, the COUNTY shall determine the full cost for solid waste management services. This shall include the rate charged by the county or municipality to the end user for solid waste management services plus any other direct, indirect or outside contractor costs associated with solid waste management services. CONSULTANT will prepare a draft table using information provided by the COUNTY within 60 days of receipt of the data from the COUNTY. The draft public notice, summary tables and working documents will be provided electronically, unless otherwise requested. The COUNTY will coordinate and facilitate publication of the public notice. In accordance with Chapter 403.7049 Florida Statutes: "Each municipality shall establish a system to inform, no less than once a year, residential and nonresidential users of solid waste management services within the municipality's service area of the user's share, on an average or individual basis, ofthefull costfor solid waste management as determined pursuant to subsection (1). Counties shall provide the information required of municipalities only to residential and nonresidential users ofsolid waste management services within the county's service area that are notserved bya municipality. Municipalities shall include costs charged to them or persons contracting with them for disposal of solid waste in the full Page 1 of 6 358 cost information provided to residential and nonresidential users ofsolid waste management services. Task 2: Financial Assurance FY23-24 The COUNTY operates both a Class I landfill and a Construction and Demolition Debris Landfill through a contract with Republic Services. In accordance with Chapter 62-701, F.A.C., the COUNTY is required to submit cost adjustments based on an inflation factor for closure annually. Every five years, the closure cost estimate must be revised by recalculating the total cost of closure. Subtask 2.1 Closure Cost Estimate Adjustment CONSULTANT will provide the Closure Cost Estimate adjustment to the COUNTY based on the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business. CONSULTANT will include escrow account balance recommendations for Fiscal Year 2022-2023, and escrow budget recommendations for Fiscal Year 2023-2024. Subtask 2.2 Survey and Airspace Assessment CONSULTANT will provide surveys and assessments of airspace used by our subconsultant, Masteller, Moler & Taylor, Inc. (MM&T) for the Class I landfill and C&D debris disposal facility. The topographic survey will be performed on the entire COUNTY landfill site, including the Class I waste area (Segment I, II, and III and the ditches and roadways surrounding the Class I area), the C&D disposal facility (waste area, fence line, ditches and berms adjacent to C&D Debris site), expansion areas, stormwater pond, and administrative area. The deliverable from MM&T will consist of a survey identifying the dates the field survey was completed. The airspace consumed, and the remaining airspace will be calculated and provided. The survey shall also include the results of the volumetric calculations for Segments II and II portions of the Class I landfill, and the C&D disposal facility. Deliverables accompanying the survey are as described in MM&T's proposal, attached. For the Class I Landfill (Segments I, II, and III), we will include an evaluation of the waste compaction, so the COUNTY may determine whether Republic Services is meeting its contractual compaction requirements. Ongoing projects at the landfill are also anticipated to impact one of the aerial targets used to conduct the annual survey. This Task includes replacement of one aerial target, including physical reconstruction (pouring of concrete and painting), as well as surveying the new location of the target. The target will be relocated to a location that is determined by SWDD within the allowable distance from the current target. Page 2 of 6 359 Task 3: Landfill Depletion Model Preparation of the FA and FCA (Tasks 1 and 2) typically rely on total permitted capacity of each cell or segment of the landfill to determine the anticipated closure date for financial planning; however, in reality, the full capacity of a cell cannot be reached until the subsequent cell is constructed to a certain elevation to reach the last of the usable air space in the prior cell. Constructability limits the ability to discretely close one cell before moving to the next cell. The CONSULTANT will utilize a series of tools to model the placement of Class 1 waste to more accurately determine when the next cell must be online in order to maximize the capacity in the active cell. A landfill depletion model will be developed utilizing the following information/tools: 1. Historical waste generation data 2. Historical in-place densities 3. BEBR medium density county population projections (to predict increases in waste generation) 4. Excel based landfill depletion model 5. Civil 3D surfaces Waste generation will be projected using historical data and adjusted utilizing BEBR population projections to incrementally increase the volume of waste anticipated in future years. Population projection growth will be used with straight line interpolation between data points (BEBR publishes 5 -year increments). Civil 3D surfaces will be generated to simulate placement of waste. Several iterations of surfaces will be prepared to determine the approximate future date when the next cell will be needed. This will be continued to a future data where the in-place waste reaches the permitted capacity of the active cell. CONSULTANT will then work with the COUNTY to back track from that date to determine when planning/permitting and design of the next cell should begin. This task will also include two review/coordination meetings with the landfill's contract operator to gain concurrence on waste placement and operational assumptions. A summary memorandum will be prepared upon completion to document the process. Deliverables Task 1 Table and Working Documents Subtask 2.1 Assurance Form and Escrow Balance and Budget recommendations Subtask 2.2 Survey (as described in MM&T's proposal), remaining airspace and evaluation of compaction Task 3 Landfill Depletion Summary Memorandum Assumptions Information to be provided by the COUNTY includes: • Site access • Escrow account balances Page 3 of 6 360 • The rates and number of dwelling units for each of the transporters • Available site surveys • Level of service for each transporter • Monthly fee for both single family residence and multi -family residences collected via non -ad valorem assessment • Number of parcels, equivalent residential units, and waste generation units (WGU) for Fiscal Year 2021-2022 for each customer • Wastestream monthly totals • Changes to Basis of Allocation • Direct and indirect cost breakdowns • Confirmation of waste generation units • Amount of residential assessment • Excel spreadsheets prepared by others for prior fiscal year for escrow balance and airspace calculations • Coordination of meetings with landfill operator Page 4 of 6 361 EXHIBIT B FEE SCHEDULE The County agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, a lump sum fee inclusive of expenses as follows: Task Description Fee Task 1 Full Cost Accounting Evaluation for FY2021 - 2022 $7,500 Task 2 Financial Assurance Subtask 2.1 Closure Cost Adjustment $6,500 Subtask 2.2 Survey and Air Space Assessment $10,750 Task 3 Landfill De letion Model $26,800 Total Labor Fee $51,550 Subconsultant - MM&T Survey $22,500 Other Direct Costs $1,000 Total Lump Sum Fee $75,050 Page 5 of 6 362 EXHIBIT C SCHEDULE Task 1 Full Cost Accounting 30 days from Receipt of Data Task 2.1 Closure Cost Adjustment 30 days from Receipt of Data Task 2.2 Survey/Air Space Assessment 90 days from Notice to Proceed Task 3 Landfill Depletion Model 60 days from Notice to Proceed Page 6 of 6 363 Masteller, Moler & Taylor, Inc. 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 e-mail: dt5243@bellsouth.net AGREEMENT FOR PROFESSIONAL SURVEYING & MAPPING SERVICES PROJECT: IRC Landfill 2023 Volumetric Survey PHONE: Work - (772) 562-7981 CLIENT NAME: Kimley Horn & Associates - Jill Grimaldi PHONE: - SITE ADDRESS: 1325 74th Avenue SW MAILING 445 24th Street, Suite 200 Vero Beach, FL 32968 ADDRESS: Vero Beach, FL 32960 MMT, Inc. is pleased to provide you with this proposal for performance of surveying services in support of current landfill conditions for property located in Indian River County and lying in Section 25 -33S -38E and identified as The Indian River County Landfill Volume Calculations survey which shall include the following: Scope of Services: 1. Recover and expose existing aerial control for orientation and rectification of the aerial photography. 2. Coordinate with sub -consultant, Alert 5, Engineering Advanced Solutions to obtain new color aerial imagery and LIDAR data and production of a V=50' Planimetric and Topographic. This mapping is to be completed in AutoCAD format as one file at a scale of 1-inch=50-feet with 1 foot contours. The mapping will be completed for the entire landfill site including Segment I, Segment II, Segment III and the C & D areas. 3. Integrate aerial data into survey drawing and overlay with topographic data from previous year. 4. Calculate volumetric differences comparing current mapped areas against the prior data completed in February, 2021. Calculations shall be performed on Segments I, II, III Cells 1 and 2, and the C & D area. 5. Prepare cross sections at 200 foot intervals across each of the Segment areas depicting current and prior data lines. Deliverables: a. Two (2) color digital ortho-rectified photo enlargements (24"x36") of entire area. b. One (1) color photo enlargement (24"x36") for each Segment I, II, III and C&D. c. Four (4) bond copies (24"x36") of the topographic map (1 inch = 50 feet contour map of each segment) d. Four (4) bond copies (8.5"x14") of the topographic map (1 inch = 200 feet contour map of each segment) e. Four (4) copies of Volumetric survey, including overall site, segments and cross sections. f. Two (2) copies of Report of Survey for aerial imagery from sub -consultant. g. One CD containing PDF of each map, AutoCAD and ASCII point files. We propose to perform the above described Scope of Services for a lump sum fee of $ 22,500.00. We estimate the following time frame for the project. Field acquisition, quality control, ground verification and sub -consultant deliverables: 3 - 4 weeks from notice to proceed; Volumetric survey completed within 2 weeks from receipt of sub -consultant data. I, the undersigned, agree to all the terms of this Agreement and the Standard Conditions of this Contract attached hereto. Client's Printed Name Client's Signature Date �`— 11/6/2023 David Taylor, President Date Masteller, Moler & Taylor, Inc. 364 SWDD Item IS.8.3. Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 30, 2023 To: Solid Waste Disposal District Board of Commissioners Through: John A. Tikanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District From: Ronnie T. Jones, BSCE, A.M. ASCE, Assistant Managing Director Subject: Authorization to provide LFG Easements on the Landfill Property Descriptions and Conditions: On February 5, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board directed staff to enter negotiations with the Indian River Eco District, LLC (IRED) for their purchase of landfill gas (LFG) created at the County's landfill. On July 16, 2019, the SWDD Board approved the Landfill Gas Agreement with IRED wherein they purchase the LFG for the conversion to Renewable Natural Gas (RNG). On July 14, 2020, the Board approved Amendment No. 1 to the Landfill Gas Agreement confirming IRED's desire to pursue an RNG project and extend the LFG commencement date to September 30, 2021. On May 18, 2021, the Board approved Amendment No. 2 to the Landfill Gas Agreement further clarifying the LFG commencement date. On October 12, 2021, a presentation was made to the Board by IRED to introduce Nopetro RNG, LLC, with whom they have formed a joint venture in order to form Nopetro Eco District, LLC, which will design, finance, build and operate the RNG facility on the IRED property. On December 7, 2021, the SWDD Board approved the Consent to Assignment of the Landfill Gas Agreement from the Indian River Eco District, LLC, to Nopetro Eco District, LLC (NED). On December 20, 2022, the Board approved Amendment No. 3 to the Landfill Gas Agreement confirming Nopetro Eco District, LLC (NED) desire to pursue an RNG project and extend the LFG commencement date to June 30, 2024. On October 11, 2023, NED acquired 7.29 acres from IRED on which to construct their Renewable Natural Gas (RNG) facility. This parcel acquisition has rendered the previous gas line easements between the SWDD and the IRED property ineffective due to their location. SWDD Agenda — LFG Easements on the Landfill Property Page 1 of 2 365 SWDD Item In an effort to continue to fulfill these obligations, the SWDD will provide the necessary easements for the construction, installation and maintenance of the LFG line between the SWDD Landfill and NED. This agenda item requests Board authorization to provide the necessary Temporary Construction Easement and twenty -foot LFG easements on the landfill property. Analysis: The attached letter from the NED requesting LFG line easement(s) containing 49,566 or 1.14 acres streamlines the connection between the SWDD and NED for the RNG facility. The easement exhibits have been reviewed and found to be acceptable both by SWDD staff and by the County Surveyor. The easement across the "C-5" canal is being granted based on prior approved permits by the Indian River Farms Water Control District to SWDD for the yard waste driveway and improvements which include utility sleeves for the placement of utilities including the LFG line. Funding: No funding is requested or required for this agenda item. Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Approve the fifty -foot -wide temporary LFG construction easement and grant Nopetro Eco District, LLC the non-exclusive easement in accordance with the easement drawings. b) Approve the twenty -foot -wide sub -lateral "C-5" canal crossing LFG easement and grant Nopetro Eco District, LLC the non-exclusive easement in accordance with the easement drawings. c) Approve the twenty -foot -wide LFG easement and grant Nopetro Eco District, LLC the non-exclusive easement in accordance with the easement drawings. d) Direct the County Attorney's Office to finalize the legal documents to record the approved non- exclusive easements. e) Authorize the Chairman to execute the final legal documents to effectuate the granting of the approved non-exclusive easements. Attachment (s): 50 -Foot Wide Temporary Easement 20 -Foot Wide Sub -Lateral C-5 Canal Easement 20 -Foot Wide Sub -Lateral LFG Easement Environmental Assessment SWDD Agenda — LFG Easements on the Landfill Property Page 2 of 2 366 EXHIBIT 'A' DESCRIPTION OF A 50.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT: A 50.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT SITUATED, LYING, AND BEING IN PART OF THOSE CERTAIN PARCELS OF LAND DESCRIBED AS TRACTS 2, 7, AND 10, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY'S SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, SAID EASEMENT BEING 50.00 FEET WIDE IN TOTAL WITH THE SPECIFIC WIDTHS AS DESCRIBED ON EACH SIDE OF THE FOLLOWING DESCRIBED BASELINES: COMMENCING AT THE NORTHEAST CORNER OF TRACT 9, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE AFORESAID PLAT OF INDIAN RIVER FARMS COMPANY'S SUBDIVISION, RUN NORTH 89' 42' 20' WEST ALONG THE NORTH LINE OF SAID TRACTS 9 AND 10, SAID NORTH LINE ALSO BEING THE CENTERLINE OF A 60 FEET WIDE ROAD AND CANAL RESERVATION AS SHOWN ON THE AFORESAID PLAT OF INDIAN RIVER FARMS COMPANY'S SUBDIVISION, A DISTANCE OF 1,565.53 FEET TO A POINT "A"; FROM SAID POINT'A' AND DEPARTING SAID NORTH LINE, RUN SOUTH 00' 17' 40" WEST, PERPENDICULAR TO SAID NORTH LINE, A DISTANCE OF 15.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 36' 52-12', A DISTANCE OF 16.09 FEET TO THE SOUTH LINE OF THE AFORESAID 60 FEET WIDE ROAD AND CANAL RESERVATION AND THE POINT OF BEGINNING OF A 50.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT "SOUTH". SAID EASEMENT BEING 10.00 FEET NORTH OF AND 40.00 FEET SOUTH OF THE FOLLOWING DESCRIBED BASELINE: FROM SAID POINT OF BEGINNING CONTINUE SOUTHWESTERLY ALONG THE ARC OF AFORESAID CURVE HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 53' OT 48', A DISTANCE OF 23.18 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 89' 42' 20" WEST, PARALLEL WITH, NORMAL TO, AND 10.00 FEET SOUTH OF THE SOUTH LINE OF AFORESAID 60 FEET WIDE ROAD AND CANAL RESERVATION, A DISTANCE OF 310.84 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 27.01 FEET; THROUGH A CENTRAL ANGLE OF 31' 58' 07", A DISTANCE OF 15.07 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF RADIUS OF 27.01 FEET, THROUGH A CENTRAL ANGLE OF 31" 58'07', A DISTANCE OF 15.07 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 89' 47 20" WEST, PARALLEL WITH AND NORMAL TO THE SOUTH LINE OF AFORESAID 60 FEET WIDE ROAD AND CANAL RESERVATION, A DISTANCE OF 15.10 FEET TO THE POINT OF TERMINUS OF TEMPORARY CONSTRUCTION EASEMENT "SOUTH". THENCE RETURN TO POINT 'A, FROM SAID POINT 'A' RUN NORTH 00' 1T 40' EAST, PERPENDICULAR TO THE NORTH LINE OF AFORESAID TRACT 10, A DISTANCE OF 15.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 36' 52'22', A DISTANCE OF 16.09 FEET TO THE NORTH LINE OF THE AFORESAID 60 FEET WIDE ROAD AND CANAL RESERVATION AND THE POINT OF BEGINNING OF THE BASELINE OF A 50.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT "NORTH". FROM SAID POINT OF BEGINNING CONTINUE NORTHWESTERLY, ALONG THE BASELINE OF A 50.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT, SAID EASEMENT BEING 10.00 FEET SOUTH OF AND 40.00 FEET NORTH OF SAID BASELINE, AND ALONG THE ARC OF A CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 53' OT 48", A DISTANCE OF 23.18 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 89' 42' 20" WEST, PARALLEL WITH, NORMAL TO, AND 10.00 FEET NORTH OF THE NORTH LINE OF AFORESAID 60 FEET WIDE ROAD AND CANAL RESERVATION, A DISTANCE OF 340.98 FEET TO A POINT OF CURVATURE; FROM SAID POINT OF CURVATURE RUN NORTHWESTERLY, ALONG THE BASELINE OF THE 50.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT, SAID EASEMENT NOW BEING 10.00 FEET WEST OF AND 40.00 FEET EAST OF SAID BASELINE, AND ALSO ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89' 59' 10", AN ARC DISTANCE OF 39.26 FEET TO A POINT OF TANGENCY; SAID POINT OF TANGENCY LYING 10.00 FEET WEST OF THE EAST LINE OF THE EAST ONE HALF (1/2) OF THE WEST ONE HALF (1/2) OF AFOREMENTIONED TRACT 7; THENCE RUN NORTH 00' 16' 51" EAST, PARALLEL WITH, NORMAL TO, AND 10.00 FEET WEST OF SAID EAST LINE, A DISTANCE OF 1266.66 FEET TO THE NORTH LINE OF TRACT 7; THENCE LEAVING SAID NORTH LINE OF TRACT 7, RUN NORTH 00' 18' 44" EAST, PARALLEL WITH, NORMAL TO, AND 10.00 FEET WEST OF THE WEST LINE OF THE EAST ONE HALF (1/2) OF AFOREMENTIONED TRACT 2, AND ALONG THE BASELINE OF A 50.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT, SAID EASEMENT NOW BEING 10.00 FEET EAST OF AND 40.00 FEET WEST OF SAID BASELINE, A DISTANCE OF 429.97 FEET TO THE POINT OF TERMINUS OF SAID TEMPORARY CONSTRUCTION EASEMENT "NORTH". THE SIDE LINES OF SAID EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT ANGLE ALL POINTS, BOUNDARY LINES, RESERVATION LINES, AND RIGHT OF WAY LINES. THE ABOVE-DESCRIBED EASEMENT CONTAINING 125,124 SQUARE FEET, 2.87 ACRES, MORE OR LESS. SURVEYOR'S GENERAL NOTES AND REPORT: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2, LOCATION OF THE PROPOSED GAS LINE EASEMENT AS SHOWN HEREON PER WRITTEN INSTRUCTIONS AND ATTACHED SKETCH FROM MR. THOMAS C. YONGE, P.E. OF YONGE DEVELOPMENT SERVICES LLC IN AN EMAIL DATED AUGUST 21, 2023 AND PER VERBAL INSTRUCTIONS FROM MIKE WHITNEY REPRESENTING NOPETRO MANAGEMENT, LLC. 3. BEARINGS AND OR COORDINATES SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 2011, AND ARE PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901) AND ARE REFERENCED TO THE ESTABLISHED AND MONUMENTED LINE SHOWN HEREON LABELED AS THE BEARING BASIS. ALL DIMENSIONS SHOWN HEREON ARE DISPLAYED IN U.S. SURVEY FEET AND DECIMAL PARTS THEREOF. 4. THIS SKETCH AND DESCRIPTION HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT AND USE OF THE PERSONS AND/OR ENTITIES NAMED HERON FOR THE PURPOSES IDENTIFIED HEREON ONLY. UNLESS OTHERWISE STATED, CERTIFICATION OF THIS SURVEY MAP APPLIES ONLY TO THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER SJ -17 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THE CERTIFICATION IN NO WAY CONSTITUTES NEITHER GUARANTY NOR WARRANTY TO ANY OTHER INFORMATION NOT SHOWN HEREON. ADDITIONS, DELETIONS OR REVISIONS TO THIS DRAWING BY OTHERS ARE NOT PERMITTED AND THIS SURVEY MAY NOT BE TRANSFERRED WITHOUT THE EXPRESSED WRITTEN PERMISSION OF THE SIGNING SURVEYOR. THIS SURVEY IS NOT VALID FOR ANY OTHER PURPOSE OTHER THAN INTENDED BY THE SIGNING SURVEYOR. 5. THE DESCRIPTION SHOWN HEREON WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER, THIS PARCEL WAS NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR ENCUMBRANCES OF RECORD. THE HEREON DESCRIBED PARCEL IS SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. MATTERS OF RECORD NOT BROUGHT TO THE SURVEYOR'S ATTENTION BY THE CLIENT, THEIR AGENT OR AS DISCLOSED BY A FURNISHED TITLE INSURANCE POLICY WERE NOT INCLUDED. NO INVESTIGATION WAS MADE BY THIS OFFICE INTO THE VALIDITY OF ANY EASEMENTS CITED IN THE LEGAL DESCRIPTION OR FOR ANY ENCUMBRANCES NOT OF RECORD IN THE INFORMATION FURNISHED BY THE CLIENT. NO TITLE COMMITMENT OR ABSTRACT WAS FURNISHED FOR THE PREPARATION OF THIS SKETCH. 6. THIS SKETCH AND DESCRIPTION CONSISTS OF 2 SHEETS AND SHALL NOT BE CONSIDERED COMPLETE AND OR VALID UNLESS ALL SHEETS ARE PRESENT. REFERENCES: BOUNDARY SURVEY BY CARTER ASSOCIATES, INC. PROJECT No. 10-282 S, DATED MAY 25, 2010 FIELD BOOK 754, PG. 49+, DRAWING No. 18900-C CERTIFIED TO: NOPETRO MANAGEMENT, LLC ALTA LAND TITLE SURVEY BY CPH, LLC. JOB No. N4807, SIGNED AUGUST 7, 2023 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT DAVID E. LUETHJE, P.S.M. SIGNATURE DATE LICENSE REGISTRATION NO. 5728 THIS SKETCH AND DESCRIPTION IS NOT A BOUNDARY SURVEY. CARTER ASSOCIATES, INC. THIS SKETCH AND DESCRIPTION IS COMPROMISED OF TWO PAGES, ONE IS NOT LICENSED BUSINESS NO. 205 VALID WITHOUT THE OTHER. �`"„,.""`CARTERASSOCIATES,INC. PQna.• 'ilroas SKETCH AND DESCRIPTION SHEET CONSULTING ENGINEERS AND LAND SURVEYORS APMW 'Y: EBH ePPo. er oEL LYING WITHIN TRACTS 2,7, & 10, SECTION 25 TOWNSHIP 33 SOUTH, RANGE 38 EAST 1 0 F 2 1708 21st STREET, VERO BEACH, FL 32960 PLOT BY : 0"L." INDIAN RIVER FARMS COMPANY SUBDIVISION TEL: (772) 5624191 FAX: (772) 562-7180 =__-�__—�-- -�_ _ _ �_ __t_%= BeF.8 18OWC,1911od FAAPo..BMWO- TEMP. CONSTRUCTION EASEMENTDESC. ,,# 22se9-A, 10.00' 111 40.00' EAST LINE OF EAST 1/2 WEST LINE OF EAST OF WEST 1/2 OF TRACT 7 1/2 OF TRACT 7 PARCEL 10: INDIAN203.0 RIIVER COUNTY OSOLID EAST 1/2 OF WEST 1/2 WASTE DISPOSAL DISTRICT OF TRACT 7, SEC. 25, I + I (O.R.B. 1131, PG. 617) TWP. 33 S, RGE. 38 E W EAST 1/2 TRACT 7, SEC. 25, N 00'16'51" E 1266.66' " I TWP. 33 S, RGE. 38 E I, I0NORTH LINE OF TRACT 10 P.O.T. SOUTH LINE OF TRACT 7, & NON—EXCLUSIVE OF 60 FEET WIDE ROAD & CANAL GAS LINE P.B. 2, PG. 25 EASEMENT RESERVATION ( ) (O.R.B. 2546, PG. 2156) f I ( 10.00' P.O.B. PROPOSED 50.00' WIDE - f NORTH TEMPORARY CONSTRUCTION 10.00' EASEMENT"NORTH" NON—EXCLUSIVE I N 89'42'20" W 340.98' C6 'C5 GAS LINE EASEMENT N 00'17'40" E 15.00' (O.R.B. 2546, 5 PG 2156) N 81'42'20" W Ij 8942y20' W ,C7 10.00' WEST 1 SO00'1�7040" W IN5.00 15890'42'20' W 310.842 20 W L P.O.T. PROPOSED 60.00' WIDE P.O.B. PROPOSED 50.00' WIDE TEMPORARY CONSTRUCTION TEMPORARY CONSTRUCTION EASEMENT"SOUTH"EASEMENT"SOUTH" P.O.B. NON—EXCLUSIVE EQUIPMENT EASEMENT 30.00' WIDE NON—EXCLUSIVE (O.R.B. 2546, PG. 2156) ACCESS EASEMENT - (O.R.B. 2546, PG. 2162) TRACT 10, SEC. 25, TWP. 33 S, RGE. 38 E SOUTH LINE OF 60' ROAD & CANAL PARCEL ID: 33382500001009000001.0 RESERVATION (P.B. 2, PG. 25) INDIAN RIVER COUNTY ITHIS SKETCH AND DESCRIPTION IS NOT A BOUNDARY SURVEY. THIS SKETCH AND DESCRIPTION IS COMPROMISED OF TWO PAGES, ONE IS NOT VALID WITHOUT THE OTHER. NORTH LINE OF 60' ROAD & CANAL RESERVATION (P.B. 2, PG. 25) TRACT 8, SEC. 25, TWP. 33 S, RGE. 38 E 30' ADDITIONAL 50' R.O.W. DEDICATED TO INDIAN RIVER COUNTY (DEED BOOK 110, PG. 57) ORIGINAL WEST R.O.W. LINE AND EAST LINE OF TRACT B� P.O.C. PROPOSED 50.00 FEET Q '� TEMPORARY CONSTRUCTION. Q EASEMENT ! Q (j NE CORNER TRACT 9 SEC. 25, TWP. 33 S, RGE. 38 E LU P.O.C. NON—EXCLUSIVE Z LL EQUIPMENT EASEMENT (O. R.B. 2546, PG. 2156) P.O.C. NON—EXCLUSIVE LU `. ACCESS EASEMENT 0 J (O.R.B. 2546, PG. 2162) Z Q 3a' SUBLATERAL "C-5" U 30 CANAL (I.R.F.W.C.D. uJ = N 89'42'20" W 1565.53' V NORTH LINE(BEARING BA/SIS) LU J W ~g 60' ROAD & CANAL RESERVATION i I.R.F.CO.SD. (P.B. 2, PB 25) TRACT 9, SEC. 25, TWP. 33 S, RGE. 38 E I I 0 75 150 SCALE: (1 Inch = 150 Feet) fiA CARTERASSOCIATES,INC. °per a'Z�' SKETCH AND DESCRIPTION ET arta.• :zrrass s CONSULTING ENGINEERS AND LAND SURVEYORS onnvmsr eaN LYING WITHIN TRACTS 2,7, A 10, SECTION 25 r:2�O ^TOWNSHIP 33 SOUTH, RANGE 38 EASTL1708) 5st STREET, VERO BEACH, FL 32960 ROT sr : o.Newxry. INDIAN RIVER FARMS COMPANY SUBDIVISION TEL (772) 5624191 FAX: (772) 562-7180 REF.M . tABWC,7311DATEMP. CONSTRUCTION EASEMENT SKETCH4s-n3 EXHIBIT'A' NORTH LINE Curve Table P.O.T. PROPOSED 50.00'WIDE SOUTH LINE OF NO ITE P MANAGEMENT, LLC SITE PER SURVEY NORTH TEMPORARY CONSTRUCTION EASEMENT"NORTH" I BY CPH, LLC. (SEE REFERENCES) CHORD BEARING WASTE DISPOSAL DISTRICT TANGENT PARCEL ID: 33382500001002000001.0 16.09 LEGEND EAST 1/2 OF WEST 1 2 N 18'43'46" E I.R.C., FL. INDIAN RIVER COUNTY, FLORIDA TEMRARY 1 EAST 1/2 TRACT 2, SEC. 25, CONSTRUCTION 053'07'48" OF TRACT 2, SEC. 2 , 22.36 S.L.C., FL. SAINT LUCIE COUNTY, FLORIDA 15.07 TWP. 33 S, RGE. 38 E P.R. PUBLIC RECORDS TWP. 33 S, RGE. 38 50.00' WIDE PROPOSED C4 15.07 27.01 TEMPORARY I.R.F.CO.SD. INDIAN RIVER FARMS COMPANY SUBDIVISION 7.74 CONSTRUCTION I.R.F.W.C.D. INDIAN RIVER FARMS WATER CONTROL DISTRICT 036'52'22" EASEMENT P.O.B. POINT OF BEGINNING ' 10.00' P.O.C. POINT OF COMMENCEMENT t 22.36 12.50 RMINUS EAST LINE OF EAST 1/ WEST LINE OF EAST O.R.B.POINTOFTECORDS O.R.B OFFICIAL RECORDS BOOK OF WEST 1/2 OF TRACT 1/2 OF TRACT 2 W / PG. PAGE N 00'18'44" E 429.97 TWP. TOWNSHIP - a RGE. RANGE S.F. SQUARE FEET WEST LINE OF A PROPOSED 20.00' WIDE o Z SOUTH LINE OF TRACT 2 R.O.W. RIGHT OF WAY CENTERLINE GAS LINE EASEMENT 10.00' 111 40.00' EAST LINE OF EAST 1/2 WEST LINE OF EAST OF WEST 1/2 OF TRACT 7 1/2 OF TRACT 7 PARCEL 10: INDIAN203.0 RIIVER COUNTY OSOLID EAST 1/2 OF WEST 1/2 WASTE DISPOSAL DISTRICT OF TRACT 7, SEC. 25, I + I (O.R.B. 1131, PG. 617) TWP. 33 S, RGE. 38 E W EAST 1/2 TRACT 7, SEC. 25, N 00'16'51" E 1266.66' " I TWP. 33 S, RGE. 38 E I, I0NORTH LINE OF TRACT 10 P.O.T. SOUTH LINE OF TRACT 7, & NON—EXCLUSIVE OF 60 FEET WIDE ROAD & CANAL GAS LINE P.B. 2, PG. 25 EASEMENT RESERVATION ( ) (O.R.B. 2546, PG. 2156) f I ( 10.00' P.O.B. PROPOSED 50.00' WIDE - f NORTH TEMPORARY CONSTRUCTION 10.00' EASEMENT"NORTH" NON—EXCLUSIVE I N 89'42'20" W 340.98' C6 'C5 GAS LINE EASEMENT N 00'17'40" E 15.00' (O.R.B. 2546, 5 PG 2156) N 81'42'20" W Ij 8942y20' W ,C7 10.00' WEST 1 SO00'1�7040" W IN5.00 15890'42'20' W 310.842 20 W L P.O.T. PROPOSED 60.00' WIDE P.O.B. PROPOSED 50.00' WIDE TEMPORARY CONSTRUCTION TEMPORARY CONSTRUCTION EASEMENT"SOUTH"EASEMENT"SOUTH" P.O.B. NON—EXCLUSIVE EQUIPMENT EASEMENT 30.00' WIDE NON—EXCLUSIVE (O.R.B. 2546, PG. 2156) ACCESS EASEMENT - (O.R.B. 2546, PG. 2162) TRACT 10, SEC. 25, TWP. 33 S, RGE. 38 E SOUTH LINE OF 60' ROAD & CANAL PARCEL ID: 33382500001009000001.0 RESERVATION (P.B. 2, PG. 25) INDIAN RIVER COUNTY ITHIS SKETCH AND DESCRIPTION IS NOT A BOUNDARY SURVEY. THIS SKETCH AND DESCRIPTION IS COMPROMISED OF TWO PAGES, ONE IS NOT VALID WITHOUT THE OTHER. NORTH LINE OF 60' ROAD & CANAL RESERVATION (P.B. 2, PG. 25) TRACT 8, SEC. 25, TWP. 33 S, RGE. 38 E 30' ADDITIONAL 50' R.O.W. DEDICATED TO INDIAN RIVER COUNTY (DEED BOOK 110, PG. 57) ORIGINAL WEST R.O.W. LINE AND EAST LINE OF TRACT B� P.O.C. PROPOSED 50.00 FEET Q '� TEMPORARY CONSTRUCTION. Q EASEMENT ! Q (j NE CORNER TRACT 9 SEC. 25, TWP. 33 S, RGE. 38 E LU P.O.C. NON—EXCLUSIVE Z LL EQUIPMENT EASEMENT (O. R.B. 2546, PG. 2156) P.O.C. NON—EXCLUSIVE LU `. ACCESS EASEMENT 0 J (O.R.B. 2546, PG. 2162) Z Q 3a' SUBLATERAL "C-5" U 30 CANAL (I.R.F.W.C.D. uJ = N 89'42'20" W 1565.53' V NORTH LINE(BEARING BA/SIS) LU J W ~g 60' ROAD & CANAL RESERVATION i I.R.F.CO.SD. (P.B. 2, PB 25) TRACT 9, SEC. 25, TWP. 33 S, RGE. 38 E I I 0 75 150 SCALE: (1 Inch = 150 Feet) fiA CARTERASSOCIATES,INC. °per a'Z�' SKETCH AND DESCRIPTION ET arta.• :zrrass s CONSULTING ENGINEERS AND LAND SURVEYORS onnvmsr eaN LYING WITHIN TRACTS 2,7, A 10, SECTION 25 r:2�O ^TOWNSHIP 33 SOUTH, RANGE 38 EASTL1708) 5st STREET, VERO BEACH, FL 32960 ROT sr : o.Newxry. INDIAN RIVER FARMS COMPANY SUBDIVISION TEL (772) 5624191 FAX: (772) 562-7180 REF.M . tABWC,7311DATEMP. CONSTRUCTION EASEMENT SKETCH4s-n3 NORTH LINE Curve Table OF TRACT 7 PARCEL ID: 33382500001002000003.0 RADIUS INDIAN RIVER COUNTY SOLID CHORD BEARING WASTE DISPOSAL DISTRICT TANGENT (O.R.B. 1128, PG. 809) 16.09 25.00 i 50.00'WIDE N 18'43'46" E PROPOSED (I 8.33 TEMRARY 1 23.18 CONSTRUCTION 053'07'48" EASEMENT 10.00' 111 40.00' EAST LINE OF EAST 1/2 WEST LINE OF EAST OF WEST 1/2 OF TRACT 7 1/2 OF TRACT 7 PARCEL 10: INDIAN203.0 RIIVER COUNTY OSOLID EAST 1/2 OF WEST 1/2 WASTE DISPOSAL DISTRICT OF TRACT 7, SEC. 25, I + I (O.R.B. 1131, PG. 617) TWP. 33 S, RGE. 38 E W EAST 1/2 TRACT 7, SEC. 25, N 00'16'51" E 1266.66' " I TWP. 33 S, RGE. 38 E I, I0NORTH LINE OF TRACT 10 P.O.T. SOUTH LINE OF TRACT 7, & NON—EXCLUSIVE OF 60 FEET WIDE ROAD & CANAL GAS LINE P.B. 2, PG. 25 EASEMENT RESERVATION ( ) (O.R.B. 2546, PG. 2156) f I ( 10.00' P.O.B. PROPOSED 50.00' WIDE - f NORTH TEMPORARY CONSTRUCTION 10.00' EASEMENT"NORTH" NON—EXCLUSIVE I N 89'42'20" W 340.98' C6 'C5 GAS LINE EASEMENT N 00'17'40" E 15.00' (O.R.B. 2546, 5 PG 2156) N 81'42'20" W Ij 8942y20' W ,C7 10.00' WEST 1 SO00'1�7040" W IN5.00 15890'42'20' W 310.842 20 W L P.O.T. PROPOSED 60.00' WIDE P.O.B. PROPOSED 50.00' WIDE TEMPORARY CONSTRUCTION TEMPORARY CONSTRUCTION EASEMENT"SOUTH"EASEMENT"SOUTH" P.O.B. NON—EXCLUSIVE EQUIPMENT EASEMENT 30.00' WIDE NON—EXCLUSIVE (O.R.B. 2546, PG. 2156) ACCESS EASEMENT - (O.R.B. 2546, PG. 2162) TRACT 10, SEC. 25, TWP. 33 S, RGE. 38 E SOUTH LINE OF 60' ROAD & CANAL PARCEL ID: 33382500001009000001.0 RESERVATION (P.B. 2, PG. 25) INDIAN RIVER COUNTY ITHIS SKETCH AND DESCRIPTION IS NOT A BOUNDARY SURVEY. THIS SKETCH AND DESCRIPTION IS COMPROMISED OF TWO PAGES, ONE IS NOT VALID WITHOUT THE OTHER. NORTH LINE OF 60' ROAD & CANAL RESERVATION (P.B. 2, PG. 25) TRACT 8, SEC. 25, TWP. 33 S, RGE. 38 E 30' ADDITIONAL 50' R.O.W. DEDICATED TO INDIAN RIVER COUNTY (DEED BOOK 110, PG. 57) ORIGINAL WEST R.O.W. LINE AND EAST LINE OF TRACT B� P.O.C. PROPOSED 50.00 FEET Q '� TEMPORARY CONSTRUCTION. Q EASEMENT ! Q (j NE CORNER TRACT 9 SEC. 25, TWP. 33 S, RGE. 38 E LU P.O.C. NON—EXCLUSIVE Z LL EQUIPMENT EASEMENT (O. R.B. 2546, PG. 2156) P.O.C. NON—EXCLUSIVE LU `. ACCESS EASEMENT 0 J (O.R.B. 2546, PG. 2162) Z Q 3a' SUBLATERAL "C-5" U 30 CANAL (I.R.F.W.C.D. uJ = N 89'42'20" W 1565.53' V NORTH LINE(BEARING BA/SIS) LU J W ~g 60' ROAD & CANAL RESERVATION i I.R.F.CO.SD. (P.B. 2, PB 25) TRACT 9, SEC. 25, TWP. 33 S, RGE. 38 E I I 0 75 150 SCALE: (1 Inch = 150 Feet) fiA CARTERASSOCIATES,INC. °per a'Z�' SKETCH AND DESCRIPTION ET arta.• :zrrass s CONSULTING ENGINEERS AND LAND SURVEYORS onnvmsr eaN LYING WITHIN TRACTS 2,7, A 10, SECTION 25 r:2�O ^TOWNSHIP 33 SOUTH, RANGE 38 EASTL1708) 5st STREET, VERO BEACH, FL 32960 ROT sr : o.Newxry. INDIAN RIVER FARMS COMPANY SUBDIVISION TEL (772) 5624191 FAX: (772) 562-7180 REF.M . tABWC,7311DATEMP. CONSTRUCTION EASEMENT SKETCH4s-n3 Curve Table CURVE # LENGTH RADIUS DELTA CHORD BEARING CHORD DIST. TANGENT Cl 16.09 25.00 036'52'12" N 18'43'46" E 15.81 8.33 C2 23.18 25.00 053'07'48" N 63'43'46" E 22.36 12.50 C3 15.07 27.01 031'58'07" S 74'18'37" W 14.88 7.74 C4 15.07 27.01 031'58'07" N 74'18'37" E 14.88 7.74 C5 16.09 25.00 036'52'22" N 18'08'25" W 15.81 8.33 C6 23.18 25.00 053'07'52" N 63'08'25" W 22.36 12.50 C7 39.26 25.00 089'59'10" S 44'42'45" E 35.35 24.99 10.00' 111 40.00' EAST LINE OF EAST 1/2 WEST LINE OF EAST OF WEST 1/2 OF TRACT 7 1/2 OF TRACT 7 PARCEL 10: INDIAN203.0 RIIVER COUNTY OSOLID EAST 1/2 OF WEST 1/2 WASTE DISPOSAL DISTRICT OF TRACT 7, SEC. 25, I + I (O.R.B. 1131, PG. 617) TWP. 33 S, RGE. 38 E W EAST 1/2 TRACT 7, SEC. 25, N 00'16'51" E 1266.66' " I TWP. 33 S, RGE. 38 E I, I0NORTH LINE OF TRACT 10 P.O.T. SOUTH LINE OF TRACT 7, & NON—EXCLUSIVE OF 60 FEET WIDE ROAD & CANAL GAS LINE P.B. 2, PG. 25 EASEMENT RESERVATION ( ) (O.R.B. 2546, PG. 2156) f I ( 10.00' P.O.B. PROPOSED 50.00' WIDE - f NORTH TEMPORARY CONSTRUCTION 10.00' EASEMENT"NORTH" NON—EXCLUSIVE I N 89'42'20" W 340.98' C6 'C5 GAS LINE EASEMENT N 00'17'40" E 15.00' (O.R.B. 2546, 5 PG 2156) N 81'42'20" W Ij 8942y20' W ,C7 10.00' WEST 1 SO00'1�7040" W IN5.00 15890'42'20' W 310.842 20 W L P.O.T. PROPOSED 60.00' WIDE P.O.B. PROPOSED 50.00' WIDE TEMPORARY CONSTRUCTION TEMPORARY CONSTRUCTION EASEMENT"SOUTH"EASEMENT"SOUTH" P.O.B. NON—EXCLUSIVE EQUIPMENT EASEMENT 30.00' WIDE NON—EXCLUSIVE (O.R.B. 2546, PG. 2156) ACCESS EASEMENT - (O.R.B. 2546, PG. 2162) TRACT 10, SEC. 25, TWP. 33 S, RGE. 38 E SOUTH LINE OF 60' ROAD & CANAL PARCEL ID: 33382500001009000001.0 RESERVATION (P.B. 2, PG. 25) INDIAN RIVER COUNTY ITHIS SKETCH AND DESCRIPTION IS NOT A BOUNDARY SURVEY. THIS SKETCH AND DESCRIPTION IS COMPROMISED OF TWO PAGES, ONE IS NOT VALID WITHOUT THE OTHER. NORTH LINE OF 60' ROAD & CANAL RESERVATION (P.B. 2, PG. 25) TRACT 8, SEC. 25, TWP. 33 S, RGE. 38 E 30' ADDITIONAL 50' R.O.W. DEDICATED TO INDIAN RIVER COUNTY (DEED BOOK 110, PG. 57) ORIGINAL WEST R.O.W. LINE AND EAST LINE OF TRACT B� P.O.C. PROPOSED 50.00 FEET Q '� TEMPORARY CONSTRUCTION. Q EASEMENT ! Q (j NE CORNER TRACT 9 SEC. 25, TWP. 33 S, RGE. 38 E LU P.O.C. NON—EXCLUSIVE Z LL EQUIPMENT EASEMENT (O. R.B. 2546, PG. 2156) P.O.C. NON—EXCLUSIVE LU `. ACCESS EASEMENT 0 J (O.R.B. 2546, PG. 2162) Z Q 3a' SUBLATERAL "C-5" U 30 CANAL (I.R.F.W.C.D. uJ = N 89'42'20" W 1565.53' V NORTH LINE(BEARING BA/SIS) LU J W ~g 60' ROAD & CANAL RESERVATION i I.R.F.CO.SD. (P.B. 2, PB 25) TRACT 9, SEC. 25, TWP. 33 S, RGE. 38 E I I 0 75 150 SCALE: (1 Inch = 150 Feet) fiA CARTERASSOCIATES,INC. °per a'Z�' SKETCH AND DESCRIPTION ET arta.• :zrrass s CONSULTING ENGINEERS AND LAND SURVEYORS onnvmsr eaN LYING WITHIN TRACTS 2,7, A 10, SECTION 25 r:2�O ^TOWNSHIP 33 SOUTH, RANGE 38 EASTL1708) 5st STREET, VERO BEACH, FL 32960 ROT sr : o.Newxry. INDIAN RIVER FARMS COMPANY SUBDIVISION TEL (772) 5624191 FAX: (772) 562-7180 REF.M . tABWC,7311DATEMP. CONSTRUCTION EASEMENT SKETCH4s-n3 EXHIBIT'A' DESCRIPTION OF A 20.00 FEET WIDE GAS LINE LICENSE AGREEMENT: A 20.00 FEET WIDE GAS LINE EASEMENT SITUATED, LYING, AND BEING IN PART OF THOSE CERTAIN PARCELS OF LAND DESCRIBED AS TRACTS 7 AND 10, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY'S SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, SAID EASEMENT BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF TRACT 9, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE AFORESAID PLAT OF INDIAN RIVER FARMS COMPANY'S SUBDIVISION, RUN NORTH 89' 42' 20' WEST ALONG THE NORTH LINE OF SAID TRACTS 9 AND 10, SAID NORTH LINE ALSO BEING THE CENTERLINE OF A 60 FEET WIDE ROAD AND CANAL RESERVATION AS SHOWN ON SAID PLAT OF INDIAN RIVER FARMS COMPANY'S SUBDIVISION, A DISTANCE OF 1,565.53 FEET TO A POINT 'A' AND THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING AND DEPARTING THE NORTH LINE OF SAID TRACT 10, RUN SOUTH 00' 17- 40' WEST, PERPENDICULAR TO SAID NORTH LINE, A DISTANCE OF 15.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 36' 52' 12', A DISTANCE OF 16.09 FEET TO THE SOUTH LINE OF THE AFORESAID 60 FEET WIDE ROAD AND CANAL RESERVATION AND POINT OF TERMINUS; THENCE RETURN TO POINT 'A', FROM SAID POINT -A' RUN NORTH 00' 17'40' EAST, PERPENDICULAR TO THE NORTH LINE OF AFORESAID TRACT 10, A DISTANCE OF 15.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 36' 52' 22', A DISTANCE OF 16.09 FEET TO THE NORTH LINE OF THE AFORESAID 60 FEET WIDE ROAD AND CANAL RESERVATION AND THE POINT OF TERMINUS. THE SIDE LINES OF SAID EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT ANGLE ALL POINTS, BOUNDARY LINES, RESERVATION LINES, AND RIGHT OF WAY LINES. THE ABOVE-DESCRIBED EASEMENT CONTAINING 1,263 SQUARE FEET, 0.03 ACRES, MORE OR LESS SURVEYOR'S GENERAL NOTES AND REPORT: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. LOCATION OF THE PROPOSED GAS LINE LICENSE AGREEMENT AS SHOWN HEREON PER WRITTEN INSTRUCTIONS AND ATTACHED SKETCH FROM MR. THOMAS C. YONGE, P.E. OF YONGE DEVELOPMENT SERVICES LLC IN AN EMAIL DATED AUGUST 21, 2023. 3. BEARINGS AND OR COORDINATES SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 2011, AND ARE PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901) AND ARE REFERENCED TO THE ESTABLISHED AND MONUMENTED LINE SHOWN HEREON LABELED AS THE BEARING BASIS. ALL DIMENSIONS SHOWN HEREON ARE DISPLAYED IN U.S. SURVEY FEET AND DECIMAL PARTS THEREOF. 4. THIS SKETCH AND DESCRIPTION HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT AND USE OF THE PERSONS AND/OR ENTITIES NAMED HERON FOR THE PURPOSES IDENTIFIED HEREON ONLY. UNLESS OTHERWISE STATED, CERTIFICATION OF THIS SURVEY MAP APPLIES ONLY TO THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THE CERTIFICATION IN NO WAY CONSTITUTES NEITHER GUARANTY NOR WARRANTY TO ANY OTHER INFORMATION NOT SHOWN HEREON. ADDITIONS, DELETIONS OR REVISIONS TO THIS DRAWING BY OTHERS ARE NOT PERMITTED AND THIS SURVEY MAY NOT BE TRANSFERRED WITHOUT THE EXPRESSED WRITTEN PERMISSION OF THE SIGNING SURVEYOR. THIS SURVEY IS NOT VALID FOR ANY OTHER PURPOSE OTHER THAN INTENDED BY THE SIGNING SURVEYOR. 5. THE DESCRIPTION SHOWN HEREON WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER, THIS PARCEL WAS NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR ENCUMBRANCES OF RECORD. THE HEREON DESCRIBED PARCEL IS SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. MATTERS OF RECORD NOT BROUGHT TO THE SURVEYOR'S ATTENTION BY THE CLIENT, THEIR AGENT OR AS DISCLOSED BY A FURNISHED TITLE INSURANCE POLICY WERE NOT INCLUDED. NO INVESTIGATION WAS MADE BY THIS OFFICE INTO THE VALIDITY OF ANY EASEMENTS CITED IN THE LEGAL DESCRIPTION OR FOR ANY ENCUMBRANCES NOT OF RECORD IN THE INFORMATION FURNISHED BY THE CLIENT. NO TITLE COMMITMENT OR ABSTRACT WAS FURNISHED FOR THE PREPARATION OF THIS SKETCH. 6. THIS SKETCH AND DESCRIPTION CONSISTS OF 2 SHEETS AND SHALL NOT BE CONSIDERED COMPLETE AND OR VALID UNLESS ALL SHEETS ARE PRESENT. REFERENCES: BOUNDARY SURVEY BY CARTER ASSOCIATES, INC. PROJECT No. 10-282 S, DATED MAY 25, 2010 FIELD BOOK 754, PG. 49+, DRAWING No. 18900-C ALTA LAND TITLE SURVEY BY CPH, LLC. JOB No. N4807, SIGNED AUGUST 7, 2023 I.R.C., FL. INDIAN RIVER COUNTY, FLORIDA S.LC., FL. SAINT LUCIE COUNTY, FLORIDA P.R. PUBLIC RECORDS I.R.F.CO.SD. INDIAN RIVER FARMS COMPANY SUBDIVISION I.R.F.W.C.D. INDIAN RIVER FARMS WATER CONTROL DISTRICT P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.O.T. POINT OF TERMINUS O.O.B. OFFICIAL RECORDS BOOK PG. PAGE TWP. TOWNSHIP RGE. RANGE S.F. SQUARE FEET R.O.W. RIGHT OF WAY i CENTERLINE THIS SKETCH AND DESCRIPTION IS NOT A BOUNDARY SURVEY. THIS SKETCH AND DESCRIPTION IS COMPROMISED OF TWO PAGES, ONE IS NOT VALID WITHOUT THE OTHER. REV. 11/17/2023 REVISE CENTERLINE & ADD RADII, EBH All CARTER ASSOCIATES, INC. ogre 10-1zz3 � vaa.e :aa was ]INSULTING ENGINEERS AND LAND SURVEYORS DwAwDeY AwD. to :DEL 1708 21st STREET, VERO BEACH, FL 32960 PLOT BY : Da* Lw* :L• (772) 552-4191 FAX: (772) 562-7180 REF -0 11900. 1e110 -A p.m. 955MMH5. CERTIFIED TO: NOPETRO MANAGEMENT, LLC INDIAN RIVER FARMS WATER CONTROL DISTRICT DAVID E. LUETHJE, P.S.M. SIGNATURE DATE LICENSE REGISTRATION NO. 5728 CARTER ASSOCIATES, INC. LICENSED BUSINESS NO. 205 SKETCH AND DESCRIPTION SHEET LYING WITHIN TRACTS 2,7, & 10, SECTION 25 TOWNSHIP 33 SOUTH, RANGE 38 EAST 1 0 F 2 INDIAN RIVER FARMS COMPANY SUBDIVISION GAS LINE LICENSE AGREEMENT: EXHIBIT 'A' 20.00' WIDE PROPOSED EAST LINE OF EAST 1/2-�;I;%-� 'WEST LINE OF EAST OF WEST 1/2 OF TRACT 7 .; 1/2 OF TRACT 7 EAST 1/2 OF WEST 1/2 P.O.B. PROPOSED 20.00' WIDE ' P.O.T. PROPOSED 20.00' WIDE GAS LINE EASEMENT 'SOUTH" GAS LINE EASEMENT "SOUTH" EAST 1/2 TRACT 7, SEC. 25, OF TRACT 7, SEC. 25, (O.R.B. 2546, PG. 2156) (O.R.B. 2546, PG. 2162) TRACT 10, SEC. 25, TWP. 33 S, RGE. 38 E SOUTH LINE OF 60' ROAD & CANAL TWP. 33 S, RGE. 38 E TWP. 33 S, RGE. 38 E W P.O.C. POINT OF COMMENCEMENT _ NORTH LINE OF THE SOUTHEAST O.O.B. OFFICIAL RECORDS BOOK 1/4 OF SECTION 25, PG. PAGE "ic, NORTH LINE OF TRACT 10 0 75 150 bb SOUTH LINE OF TRACT 7, & P.O.T. r OF 60 FEET WIDE ROAD & CANAL NON-EXCLUSIVE Z RESERVATION (P.B. 2, PG. 25) GAS LINE VALID WITHOUT THE OTHER. P.O.B. PROPOSED 20.00' WIDE EASEMENT .$ GAS LINE EASEMENT "NORTH" (O.R.B. 2546, ` SHEET PG. 2156) PRa.. W3S L=16.09', R=25.00' ( CONSULTING ENGINEERS AND LAND SURVEYORS s CHORD=15.81' 10.00' O C A=36°52'22" NON-EXCLUSIVE INDIAN RIVER FARMS COMPANY SUBDIVISION CHB=N 16°06'25' W GAS LINE` PER, . 18900C•19"m POINTOFTERMINUS EASEMENT �- - - - N 00 17'40" E 15.00' 0 R.B. 2546, (0. POINT "A"& P.O.B.PROPOSED 20.00' PG 2156) WIDE GAS LINE LICENSE AGREEMENT N 89 42'20" W N 89.42'.20" W 10.00' WEST S wt.« CHORD=15.81' A=36°52'12" POINT OP CHB=N 18'4346"E TERMINUS I i I I � NORTH LINE OF 50' ROAD & CANAL RESERVATION I (P.B. 2, PG. 25) f TRACT 8, SEC. 25, ' I TWP. 33 S, RGE. 38 E 30' II I ADDITIONAL 50' R.O.W. DEDICATED TO INDIAN RIVER COUNTY (DEED BOOK 110, PG. 57) I ORIGINAL WEST R.O.W. LINE AND EAST LINE OF TRACT 8` P.O.C. PROPOSED 20.00 FEET WIDE GAS LINE LICENSE Q Q AGREEMENT- I.R.F.W.C.D. PERMIT NE CORNER TRACT 9 V SEC. 25, TWP. 33 S, RGE. 38 E P.O.C. NON-EXCLUSIVE W EQUIPMENT EASEMENT Z LL (O.R.B. 2546, PG. 2156) P.O.C. NON-EXCLUSIVE ACCESS EASEMENT LLI (O.R.B. 2546, PG. 2162) z Z 30' SUBLATERAL "C -5"f Q F30' CANAL (I.R.F.W.C.D. W U N 89.42'20" W 1565.55 V (BEARING BASIS) Z NORTH LINE I W J /_ 17/1lUi�/C� 0.8. NON -E J 60' ROAD & CANAL RESERVATION I.R.F.CO.SD. (P.B. 2, PB 25) I TRACT 9, SEC. 25, I I I TWP. 33 S, RGE. 38 E I P.O.B. PROPOSED 20.00' WIDE ' P.O.T. PROPOSED 20.00' WIDE GAS LINE EASEMENT 'SOUTH" GAS LINE EASEMENT "SOUTH" 30.00' WIDE NON—EXCLUSIVE P.O.B. NON—EXCLUSIVE EQUIPMENT EASEMENT ACCESS EASEMENT - (O.R.B. 2546, PG. 2156) (O.R.B. 2546, PG. 2162) TRACT 10, SEC. 25, TWP. 33 S, RGE. 38 E SOUTH LINE OF 60' ROAD & CANAL PARCEL ID: 33382500001009000001.0 RESERVATION (P.B. 2, PG. 25) INDIAN RIVER COUNTY I i I I � NORTH LINE OF 50' ROAD & CANAL RESERVATION I (P.B. 2, PG. 25) f TRACT 8, SEC. 25, ' I TWP. 33 S, RGE. 38 E 30' II I ADDITIONAL 50' R.O.W. DEDICATED TO INDIAN RIVER COUNTY (DEED BOOK 110, PG. 57) I ORIGINAL WEST R.O.W. LINE AND EAST LINE OF TRACT 8` P.O.C. PROPOSED 20.00 FEET WIDE GAS LINE LICENSE Q Q AGREEMENT- I.R.F.W.C.D. PERMIT NE CORNER TRACT 9 V SEC. 25, TWP. 33 S, RGE. 38 E P.O.C. NON-EXCLUSIVE W EQUIPMENT EASEMENT Z LL (O.R.B. 2546, PG. 2156) P.O.C. NON-EXCLUSIVE ACCESS EASEMENT LLI (O.R.B. 2546, PG. 2162) z Z 30' SUBLATERAL "C -5"f Q F30' CANAL (I.R.F.W.C.D. W U N 89.42'20" W 1565.55 V (BEARING BASIS) Z NORTH LINE I W J /_ 17/1lUi�/C� 0.8. NON -E J 60' ROAD & CANAL RESERVATION I.R.F.CO.SD. (P.B. 2, PB 25) I TRACT 9, SEC. 25, I I I TWP. 33 S, RGE. 38 E I LEGEND I.R.C., FL. INDIAN RIVER COUNTY, FLORIDA S.L.C., FL. SAINT LUCIE COUNTY, FLORIDA P.R. PUBLIC RECORDS I.R.F.CO.SD. INDIAN RIVER FARMS COMPANY SUBDIVISION I.R.F.W.C.D. INDIAN RIVER FARMS WATER CONTROL DISTRICT P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.O.T. POINT OF TERMINUS O.O.B. OFFICIAL RECORDS BOOK PG. PAGE TWP. TOWNSHIP 0 75 150 RGE. RANGE SCALE, (I Inch = 150 Feet) S.F. SQUARE FEET THIS SKETCH AND DESCRIPTION IS NOT A BOUNDARY SURVEY. R.O.W. RIGHT OF WAY THIS SKETCH AND DESCRIPTION IS COMPROMISED OF TWO PAGES, ONE IS NOT c CENTERLINE VALID WITHOUT THE OTHER. REV. 11/17/2023 REVISE CENTERLINE 8 ADD RADII, EBH v SHEET ""',—CARTERASSOCIATES, INC. PRa.. W3S SKETCH AND DESCRIPTION ( CONSULTING ENGINEERS AND LAND SURVEYORS s ommNBy, EM App, GEL LYING WITHIN TRACTS 2,7, & 10, SECTION 25 TOWNSHIP 33 SOUTH, RANGE 38 EAST O C f 1708 21st STREET, VERO BEACH, FL 32960 PLOT BY : � INDIAN RIVER FARMS COMPANY SUBDIVISION f TEL: (772) 562-4191 FAX: (772) 562-7180 PER, . 18900C•19"m GAS LINE LICENSE AGREEMENT SKETCH �- - - - F.B.&PG. NSMI94 EXHIBIT 'A' DESCRIPTION OF A 20.00 FEET WIDE GAS LINE EASEMENT: A 20.00 FEET WIDE GAS LINE EASEMENT SITUATED, LYING, AND BEING IN PART OF THOSE CERTAIN PARCELS OF LAND DESCRIBED AS TRACTS 2, 7, AND 10, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY'S SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, SAID EASEMENT BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 9, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE AFORESAID PLAT OF INDIAN RIVER FARMS COMPANY'S SUBDIVISION, RUN NORTH 89' 42' 20" WEST ALONG THE NORTH LINE OF SAID TRACTS 9 AND 10, SAID NORTH LINE ALSO BEING THE CENTERLINE OF A 60 FEET WIDE ROAD AND CANAL RESERVATION AS SHOWN ON THE AFORESAID PLAT OF INDIAN RIVER FARMS COMPANY'S SUBDIVISION, A DISTANCE OF 1,565.53 FEET TO A POINT "A"; FROM SAID POINT "A" AND DEPARTING SAID NORTH LINE, RUN SOUTH 00" 17'40" WEST, PERPENDICULAR TO SAID NORTH LINE, A DISTANCE OF 15.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 36' 52'12', A DISTANCE OF 16.09 FEET TO THE SOUTH LINE OF THE AFORESAID 60 FEET WIDE ROAD AND CANAL RESERVATION AND THE POINT OF BEGINNING OF GAS LINE EASEMENT "SOUTH". FROM SAID POINT OF BEGINNING CONTINUE SOUTHWESTERLY ALONG THE ARC OF AFORESAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 53" OT 48', A DISTANCE OF 23.18 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 89' 42' 20" WEST, PARALLEL WITH, NORMAL TO, AND 10.00 FEET SOUTH OF THE SOUTH LINE OF AFORESAID 60 FEET WIDE ROAD AND CANAL RESERVATION, A DISTANCE OF 310.84 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 27.01 FEET, THROUGH A CENTRAL ANGLE OF 31' 58'0r, A DISTANCE OF 15.07 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF RADIUS OF 27.01 FEET, THROUGH A CENTRAL ANGLE OF 31' 58'0r, A DISTANCE OF 15.07 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 89' 42' 20" WEST, PARALLEL WITH AND NORMAL TO THE SOUTH LINE OF AFORESAID 60 FEET WIDE ROAD AND CANAL RESERVATION, A DISTANCE OF 15.10 FEET TO THE POINT OF TERMINUS OF GAS LINE EASEMENT "SOUTH". THENCE RETURN TO POINT "A", FROM SAID POINT "A" RUN NORTH 00" 17' 40" EAST, PERPENDICULAR TO THE NORTH LINE OF AFORESAID TRACT 10, A DISTANCE OF 15.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 36' 52' 12", A DISTANCE OF 16.09 FEET TO THE NORTH LINE OF THE AFORESAID 60 FEET WIDE ROAD AND CANAL RESERVATION AND THE POINT OF BEGINNING OF GAS LINE EASEMENT "NORTH". FROM SAID POINT OF BEGINNING CONTINUE NORTHWESTERLY ALONG THE ARC OF AFORESAID CURVE HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 53' OT 48', A DISTANCE OF 23.18 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 89' 42' 20" WEST, PARALLEL WITH, NORMAL TO, AND 10.00 FEET NORTH OF THE NORTH LINE OF AFORESAID 60 FEET WIDE ROAD AND CANAL RESERVATION, A DISTANCE OF 340.98 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89" 59'10-, A DISTANCE OF 39.26 FEET TO A POINT OF TANGENCY, SAID POINT OF TANGENCY LYING 10.00 FEET WEST OF THE EAST LINE OF THE EAST ONE HALF (1/2) OF THE WEST ONE HALF (1/2) OF AFOREMENTIONED TRACT 7; THENCE RUN NORTH 00' 16'51" EAST, 10.00 FEET WEST OF, PARALLEL WITH AND NORMAL TO SAID EAST LINE, A DISTANCE OF 1266.66 FEET TO THE NORTH LINE OF TRACT 7; THENCE RUN NORTH 00' 18' 44" EAST, 10.00 FEET WEST OF, PARALLEL WITH AND NORMAL TO THE WEST LINE OF THE EAST ONE HALF (1/2) OF AFOREMENTIONED TRACT 2, A DISTANCE OF 429.97 FEET TO THE POINT OF TERMINUS OF GAS LINE EASEMENT "NORTH". THE SIDE LINES OF SAID EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT ANGLE ALL POINTS, BOUNDARY LINES, RESERVATION LINES, AND RIGHT OF WAY LINES. THE ABOVE-DESCRIBED EASEMENT CONTAINING 49,566 SQUARE FEET, 1.14 ACRES, MORE OR LESS. SURVEYOR'S GENERAL NOTES AND REPORT: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. LOCATION OF THE PROPOSED GAS LINE EASEMENT AS SHOWN HEREON PER WRITTEN INSTRUCTIONS AND ATTACHED SKETCH FROM MR. THOMAS C. YONGE, P.E. OF YONGE DEVELOPMENT SERVICES LLC IN AN EMAIL DATED AUGUST 21, 2023 AND PER VERBAL INSTRUCTIONS FROM MIKE WHITNEY REPRESENTING NOPETRO MANAGEMENT, LLC. 3. BEARINGS AND OR COORDINATES SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 2011, AND ARE PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901) AND ARE REFERENCED TO THE ESTABLISHED AND MONUMENTED LINE SHOWN HEREON LABELED AS THE BEARING BASIS. ALL DIMENSIONS SHOWN HEREON ARE DISPLAYED IN U.S. SURVEY FEET AND DECIMAL PARTS THEREOF. 4. THIS SKETCH AND DESCRIPTION HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT AND USE OF THE PERSONS AND/OR ENTITIES NAMED HERON FOR THE PURPOSES IDENTIFIED HEREON ONLY. UNLESS OTHERWISE STATED, CERTIFICATION OF THIS SURVEY MAP APPLIES ONLY TO THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THE CERTIFICATION IN NO WAY CONSTITUTES NEITHER GUARANTY NOR WARRANTY TO ANY OTHER INFORMATION NOT SHOWN HEREON. ADDITIONS, DELETIONS OR REVISIONS TO THIS DRAWING BY OTHERS ARE NOT PERMITTED AND THIS SURVEY MAY NOT BE TRANSFERRED WITHOUT THE EXPRESSED WRITTEN PERMISSION OF THE SIGNING SURVEYOR. THIS SURVEY IS NOT VALID FOR ANY OTHER PURPOSE OTHER THAN INTENDED BY THE SIGNING SURVEYOR. 5. THE DESCRIPTION SHOWN HEREON WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER, THIS PARCEL WAS NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR ENCUMBRANCES OF RECORD. THE HEREON DESCRIBED PARCEL IS SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. MATTERS OF RECORD NOT BROUGHT TO THE SURVEYOR'S ATTENTION BY THE CLIENT, THEIR AGENT OR AS DISCLOSED BY A FURNISHED TITLE INSURANCE POLICY WERE NOT INCLUDED. NO INVESTIGATION WAS MADE BY THIS OFFICE INTO THE VALIDITY OF ANY EASEMENTS CITED IN THE LEGAL DESCRIPTION OR FOR ANY ENCUMBRANCES NOT OF RECORD IN THE INFORMATION FURNISHED BY THE CLIENT. NO TITLE COMMITMENT OR ABSTRACT WAS FURNISHED FOR THE PREPARATION OF THIS SKETCH. 6. THIS SKETCH AND DESCRIPTION CONSISTS OF 2 SHEETS AND SHALL NOT BE CONSIDERED COMPLETE AND OR VALID UNLESS ALL SHEETS ARE PRESENT. REFERENCES: BOUNDARY SURVEY BY CARTER ASSOCIATES, INC. PROJECT No. 10-282 S, DATED MAY 25, 2010 FIELD BOOK 754, PG. 49+, DRAWING No. 18900-C ALTA LAND TITLE SURVEY BY CPH, LLC. JOB No. N4807, SIGNED AUGUST 7, 2023 THIS SKETCH AND DESCRIPTION IS NOT A BOUNDARY SURVEY. THIS SKETCH AND DESCRIPTION IS COMPROMISED OF TWO PAGES, ONE IS NOT VALID WITHOUT THE OTHER. REV. 11/17/2023 REVISE CENTERLINE & ADD RADII, EBH ;W .n"� ' CARTER ASSOCIATES, INC.11 DATE I ma..: �S WN BY INSULTING ENGINEERS AND LAND SURVEYORS pgADE" FaPD.P By :DEL 1708 21st STREET, VERO BEACH, FL 32960 PLOT BY : D.Naueay :L: (772) 562-4191 FAX: (772) 562-7180 BEF.t . 1B900C,19119A �.�..._.-. ...�.�..........�.�.�����"�.5.. F.B.&PG. MWN19, CERTIFIED TO: NOPETRO MANAGEMENT, LLC INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT DAVID E. LUETHJE, P.S.M. SIGNATURE DATE LICENSE REGISTRATION NO. 5728 CARTER ASSOCIATES, INC. LICENSED BUSINESS NO. 205 SKETCH AND DESCRIPTION SHEET LYING WITHIN TRACTS 2,7, 8, 10, SECTION 25 1 0 F 2 TOWNSHIP 33 SOUTH, RANGE 38 EAST INDIAN RIVER FARMS COMPANY SUBDIVISION GAS LINE EASEMENT DESCRIPTION •p;9 #, 22s 9_A, PARCEL ID: 33382500001002000003.0 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT (O.R.B. 1128, PG. 809) EAST LINE OF EAST 1/2 OF WEST 1/2 OF TRACT 7 EAST 1/2 OF WEST 1/2 OF TRACT 7, SEC. 25, TWP. 33 S, RGE. 38 E N 0(716'51" E 1266.66'- P.O.T. NON-EXCLUSIVE GAS LINE EASEMENT (O.R.B. 2546, PG. 2156) 10.00' NON-EXCLUSIVE GAS LINE EASEMENT (O.R.B. 2546, PG. 2156)' N 89'42'20' W N A9.69'9fl' W C7 - NORTH LINE OF TRACT 7 20.00'WIDE PROPOSED GAS z SOUTH LINE OF TRACT 7, & EXHIBIT 'A' Curve Table 10.00' P.O.B. PROPOSED 20.00' WIDE 0' W IDE CURVE OF NO SOUTH LINEMANAGEMENT. RADIUS DELTA ASP.OLI E EASE ENT " GAS LINE EASEMENT "NORTH' CHORD DIST. MANAGEMENT, LLC SITE PER SURVEY ITE P C1 NORTH 25.00 I BY CPH, LLC. (SEE REFERENCES) 15.81 8.33 C2 23.18 PARCEL ID: 33382500001002000001.0 053'07'48" LEGEND EAST 1/2 OF WEST 1/2 12.50 EAST 112 TRACT 2, SEG: 25, I.R.C., FL. INDIAN RIVER COUNTY, FLORIDA OF TRACT 2, SEC. 25, S 7418'37" W �yyp, 33 S, RGE. 3�E S.L.C., FL. SAINT LUCIE COUNTY, FLORIDA TWP. 33 S, RGE. 38 E 27.01 031'58'07" P.R. PUBLIC RECORDS 7.74 C5 16.09 I.R.F.CO.SD. INDIAN RIVER FARMS COMPANY SUBDIVISION N 18'08'25" W 15.81 20.011'WDE PROPOSED I.R.F.W.C.D. INDIAN RIVER FARMS WATER CONTROL DISTRICT 25.00 053'07'52" OAS EASEMENT P.O.B. POINT OF BEGINNING 10A0' 39.26 10A0' P.O.C. POINT OF COMMENCEMENT 35.35 24.99 P.O.T. POINT OF TERMINUS EAST LINE OF EASE 1/2 / WEST LINE OF EAST O.R.B. OFFICIAL RECORDS BOOK OF WEST 1/2 OF TRACT 1/2 OF TRACT 2 W PG. PAGE .a TWP. TOWNSHIP N 0918'44" E 429.97' * RGE. RANGE m S.F. SQUARE FEET R.O.W. RIGHTOFWAY z SOUTH LINE OF TRACT 2 C CENTERLINE PARCEL ID: 33382500001002000003.0 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT (O.R.B. 1128, PG. 809) EAST LINE OF EAST 1/2 OF WEST 1/2 OF TRACT 7 EAST 1/2 OF WEST 1/2 OF TRACT 7, SEC. 25, TWP. 33 S, RGE. 38 E N 0(716'51" E 1266.66'- P.O.T. NON-EXCLUSIVE GAS LINE EASEMENT (O.R.B. 2546, PG. 2156) 10.00' NON-EXCLUSIVE GAS LINE EASEMENT (O.R.B. 2546, PG. 2156)' N 89'42'20' W N A9.69'9fl' W C7 - NORTH LINE OF TRACT 7 20.00'WIDE PROPOSED GAS PARCEL ID: 33382500001007000003.0 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT WEST LINE OF EAST (O.R.B. 1131, PG. 617) 1/2 OF TRACT 7 EAST 1/2 TRACT 7, SEC. 25, 1., TWP. 33 S, RGE. 38 E g NORTH LINE OF TRACT 10 z SOUTH LINE OF TRACT 7, & q OF 60 FEET WIDE ROAD & CANAL Curve Table 10.00' P.O.B. PROPOSED 20.00' WIDE 30.00' WIDE NON-EXCLUSIVE CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD DIST. TANGENT C1 16.09 25.00 036'52'12" N 18'43'46" E 15.81 8.33 C2 23.18 25.00 053'07'48" N 63'43'46" E 22.36 12.50 C3 15.07 27.01 031'58'07" S 7418'37" W 14.88 7.74 C4 15.07 27.01 031'58'07" N 74.18'37" E 1 14.88 7.74 C5 16.09 25.00 036'52'22" N 18'08'25" W 15.81 8.33 C6 23.18 25.00 053'07'52" N 63'08'25" W 22.36 12.50 C7 39.26 25.00 089.59'10" S 44'42'45" E 35.35 24.99 PARCEL ID: 33382500001007000003.0 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT WEST LINE OF EAST (O.R.B. 1131, PG. 617) 1/2 OF TRACT 7 EAST 1/2 TRACT 7, SEC. 25, 1., TWP. 33 S, RGE. 38 E g NORTH LINE OF TRACT 10 z SOUTH LINE OF TRACT 7, & q OF 60 FEET WIDE ROAD & CANAL RESERVATION (P.B. 2, PG. 25) 10.00' P.O.B. PROPOSED 20.00' WIDE 30.00' WIDE NON-EXCLUSIVE rNORTH GAS LINE EASEMENT'NORTH" ACCESS EASEMENT - rN 89'42'20" W 340.98' N 00'17'40" E 15.00' tOPOSED 20.00' WIDE GAS LINE CROSSING I.R.F.W.C.D. PERMIT T 10.00' SOUTH PW 10.01 WEST S 00'1�T40- W �C4 N 89'42'20" W N =89'42'20' W 7 15.10' 310.84' JN �n . ZP.O.T. PROPOSED 20.00' WIDE P.O.B. PROPOSED 20.00' WIDE J GAS LINE EASEMENT "SOUTH" GAS LINE EASEMENT'SOUTH' 30.00' WIDE NON-EXCLUSIVE P.O.B. NON-EXCLUSIVE EQUIPMENT EASEMENT ACCESS EASEMENT - (O.R.B. 2546, PG. 2156) (O.R.B. 2546, PG. 2162) TRACT 10, SEC. 25, TWP. 33 S, RGE. 38 E SOUTH LINE OF 60' ROAD & CANAL PARCEL ID: 33382500001009000001.0 RESERVATION (P.B. 2, PG. 25) INDIAN RIVER COUNTY NORTH UNE OF 60' ROAD & CANAL RESERVATION (P.B. 2, PG. 25) TRACT 8, SEC. 25, TWP. 33 S, RGE. 38 E 30' ADDITIONAL 50' R.O.W. DEDICATED TO INDIAN RIVER COUNTY (DEED BOOK 110, PG. 57) ORIGINAL WEST R.O.W. LINE AND EAST LINE OF TRACT 8 P.O.C. PROPOSED 20.00 FEET I Q WIDE GAS LINE EASEMENT NE CORNER TRACT 9 0 V SEC. 25, TWP. 33 S, RGE. 38 E P.O.C. NON-EXCLUSIVE LU EQUIPMENT EASEMENT Z LL (O.R.B. 2546, PG. 2156) P.O.C. NON-EXCLUSIVE U.I ACCESS EASEMENT �. (O.R.B. 2546, PG. 21 2) Z Q 30"SUBLATERAL ' -5' Q CANAL -(i. R. _F. D. W U N 89'42'20" W 1565.53' V NORTH UNE (INQ, .BASIS) WJ ULI F- 60' ROAD & CANAL i ti RESERVATION I.R.F.CO.SD. i (P.B. 2, PB 25) II TRACT 9, SEC. 25, 4 TWP. 33 S, RGE. 38 E 1 I THIS SKETCH AND DESCRIPTION IS NOT A BOUNDARY SURVEY. THIS SKETCH AND DESCRIPTION IS COMPROMISED OF TWO PAGES, ONE IS NOT 0 75 750 VALID WITHOUT THE OTHER. SCALE: (1 Inch = 150 Feet) REV. 11/17/2023 REVISE CENTERLINE &ADD RADII, EBH CARTER ASSOCIATES, INC. PPRRW.# z�� SKETCH AND DESCRIPTION SHEET CONSULTING ENGINEERS AND LAND SURVEYORS ON9mBY EM LYING WITHIN TRACTS 2,7, & 10, SECTION 25 ^ O� ^ APPO �" °a TOWNSHIP 33 SOUTH, RANGE 31 EAST L L 1708 21st STREET, VERO BEACH, FL 32960 PLOT BY : or##LuWo INDIAN RIVER FARMS COMPANY SUBDIVISION TEL: (772) 5624191 FAX: (772) 562-7180 REF.# . 18900C,19116A -•�� - -- - — F.B.&M 96NWID1 GAS LINE EASEMENT SKETCH ENVIRONMENTAL ASSESSMENT On the Nopetro Eco District Project Site Indian River County, Florida ±1.24 Acres +20 -foot Easement Within Parcel ID No.'s 33382500001009000001.0 & 33382500001002000003.0 23843EA.Rpt Conducted for: Mr. Thomas C. Yonge Yonge Development Services, LLC 634 SW 137th Way Gainesville, Florida 32669 Conducted by: Atlantic Environmental of Florida, LLC 657 Montreal Avenue Melbourne, Florida 32935 November 6, 2023 657 Montreal Avenue - Melbourne, Fl. 32935 321.676.1505 321.676.1730 * www.environmentalpermitting.com 373 AL3. ATLANTIC ENVIRONMENTAL 657 Montreal Avenue •Melbourne, FL 32935 ENVIRONMENTAL PERMITTING & MITIGATION ph 321.676.1505 • fax 321.676.1730 November 6, 2023 Mr. Thomas C. Yonge Yonge Development Services, LLC 634 SW 137th Way Gainesville, Florida 32669 Via email: tom@ydsconsult.com Re: Environmental Assessment Nopetro Eco District Indian River County, Florida 20 -Foot Easement within Parcel ID No.'s 33382500001009000001.0 & 33382500001002000003.0 Atlantic Environmental File No. 23843 Dear Mr. Yonge: Atlantic Environmental of Florida, LLC (Atlantic Environmental) has completed an environmental assessment and feasibility study of the above -referenced property, an approximately 1.24 -acre swath of land located north of the Indian River County landfill off of 74"Il Avenue SW, Vero Beach, unincorporated Indian River County, Florida (Figures 1 and 2). The field assessment of this parcel, hereinafter referred to as "the Property", occurred on October 23, 2023. This study is intended to assess any reasonably ascertainable environmental issues that might influence the developability of the subject property. Following are the results of our study. Topography and Soils Figure 3 shows the USGS Topographical Map for the Property and surrounding areas. According to this map, the Property is relatively flat with a lower elevated area in its northern reaches. The U.S. Department of Agriculture's Natural Resources Conservation Service (NRCS) map for Indian River County (Figure 4) depicts four soil types underlying the Property. Following is a description of the mapped soil types as occur in a natural environment. Pepper sand (9) The Pepper, non -hydric component makes up 70 percent of the map unit. Slopes are 0 to 2 percent. This component is on flatwoods on marine terraces on coastal plains. The parent material consists of sandy and loamy marine deposits. This soil is not flooded. It is not ponded. A seasonal zone of water saturation is at 12 inches during June, July, August, September, and October. This soil does not meet hydric criteria. The Pepper, hydric component makes up 15 percent of the map unit. Slopes are 0 to 2 percent. This component is on flats on marine terraces on coastal plains. The parent material consists of sandy and loamy marine deposits. This soil is not flooded. It is not ponded. A seasonal zone of water saturation is at 6 inches during June, July, August, and September. This soil meets hydric criteria. 23843EA.Rpt www.environmentalpermitting.com 374 r Wabasso fine sand (13) The Wabasso, non -hydric component makes up 70 percent of the map unit. Slopes are 0 to 2 percent. This component is on Fatwoods on marine terraces on coastal plains. The parent material consists of sandy and loamy marine deposits. This soil is not flooded. It is not ponded. A seasonal zone of water saturation is at 12 inches during June, July, August, September, and October. This soil does not meet hydric criteria. The Wabasso, hydric component makes up 20 percent of the map unit. Slopes are 0 to 2 percent. This component is on flats on marine terraces on coastal plains. The parent material consists of sandy and loamy marine deposits. This soil is not flooded. It is not ponded. A seasonal zone of water saturation is at 6 inches during July, and August. This soil meets hydric criteria. Pineda fine sand (16) The Pineda component makes up 85 percent of the map unit. Slopes are 0 to 2 percent. This component is on drainageways on marine terraces on coastal plains. The parent material consists of sandy and loamy marine deposits. This soil is rarely flooded. It is not ponded. A seasonal zone of water saturation is at 3 inches during June, July, August, September, October, and November. This soil meets hydric criteria. Manatee mucky loamy fine sand, depressional (53) The Manatee component makes up 85 percent of the map unit. Slopes are 0 to 1 percent. This component is on depressions on marine terraces on coastal plains. The parent material consists of sandy and loamy marine deposits. This soil is not flooded. It is frequently ponded. A seasonal zone of water saturation is at 6 inches during January, February, June, July, August, September, October, November, and December. This soil meets hydric criteria. Past development and human activity within and adjacent to the Property appear to have altered some of the characteristics possessed by the underlying soils. However, in general, the soils underlying the Property appear consistent with the above descriptions. Vegetation and Community Types Different combinations of natural and human -influenced factors, such as surface elevation, hydrology, vegetative species and structure, soil characteristics, and degree and type of historical disturbance, will give rise to a variety of distinct ecological systems and functions, known as communities and land uses. The Florida Land Use, Cover, and Forms Classification System (FLUCFCS) organizes most of the major categories of communities and land uses into particular descriptions, each corresponding to a different code number. Using our field observations and the FLUCFCS system as a guideline, Atlantic Environmental has identified the on-site communities as they currently exist on the Property. Figure 5 depicts the code numbers of the on-site FLUCFCS categories, specifically, Other Pines (FLUCFCS Code Number 419), Wetlands (600), Hydric Pine Flatwoods (625), Freshwater Marsh (643), and Disturbed Land (740). Following is a description of these classifications, as they exist on the Property, along with an assessment of the jurisdictional wetland status based on the rules and regulations of the St. Johns River Water Management District (SJRWMD)/Florida Department of Environmental Protection (FDEP) and the U.S. Army Corps of Engineers (USACE). In December 2020, the FDEP took over 23843EA.Rpt 375 a significant portion of the Section 404 federal permitting from USACE. The jurisdictional status of FDEP, from the State 404 Permitting perspective, will also be referenced below. Other Pines (419) Approximately 0.38 acres of the Property consists of this forested upland classification. Vegetation is dominated by slash pine, cabbage palm, Brazilian pepper, saw palmetto, earleaf acacia, raintree, cabbage palm, caesarweed, guineagrass, and air potato. This community type consists of upland habitat and will require no wetland permitting or mitigation for direct impacts. Wetlands (600) There are two smaller wetlands located within the central portion of the Property which are a combined 0.13 acres in size. Vegetation is dominated by chalky bluestem, gallberry, dahoon holly, Virginia chain fern, roadgrass, red root, beakrush, wax myrtle, and Brazilian pepper. While these wetlands extend off site, it appears they may each be isolated. FDEP will require that permits be acquired for any proposed impacts. If it is shown that these wetlands are less than 0.50 acres and isolated, no mitigation should be required. Under current FDEP guidelines, it appears this wetland is not federally jurisdictional through the State 404 Program. Lastly, Indian River County will also claim this wetland as jurisdictional and require a wetland resource permit for any impacts. Hydric Pine Flatwoods (625) Approximately 0.16 -acres of a forested wetland is located on the southern portion of the Property. This wetland extends off-site to the east and west and is dominated by slash pine, Brazilian pepper, wax myrtle, punk tree, and Virgina chain fern. FDEP will require that permits be acquired and mitigation be provided if impacts are proposed within this wetland. Under current FDEP guidelines, it appears this wetland is not federally jurisdictional through the State 404 Program. Lastly, Indian River County will also claim this wetland as jurisdictional and require a wetland resource permit for any impacts. Freshwater Marsh (643) Approximately 0.09 -acres of a freshwater marsh is located on the northern extent of the Property. This wetland is dominated by Brazilian pepper, wax myrtle, punk tree, pickerelweed, and beakrush. FDEP will require that permits be acquired and mitigation be provided if impacts are proposed within this wetland. Under current FDEP guidelines, it appears this wetland is not federally jurisdictional through the State 404 Program. Lastly, Indian River County will also claim this wetland as jurisdictional and require a wetland resource permit for any impacts. Disturbed Land (740) The southern extent of the Property has been historically disturbed and consists of a spoil bank and portion of an active landfill operation. This area, totaling ±0.48 acres, is dominated by guineagrass, caesarweed, flannel weed, and other opportunistic weedy species. This community type consists of upland habitat and will require no wetland permitting or mitigation for direct impacts. Protected Wildlife Species A preliminary survey for listed species and suitable listed species habitats was completed on the Property. This survey resulted in the determination that the Property provides suitable foraging 23843EA.Rpt 376 habitat to support the below listed species found in east central Florida and the treasure coast. Wadin4 Birds Wading birds, including little blue herons, tricolored herons, sandhill cranes, and wood storks, depend on freshwater marshes and shorelines for foraging and typically roost in forested wetland systems. It is possible that any or all of these birds use the on-site wetlands from time to time on an opportunistic foraging basis. However, the preliminary survey did not indicate that any of the above listed protected wading bird species are using the Property in a way that is significantly dependent upon on-site habitat. No nests of any of the listed species were observed on the Property, and no signs of these species were noted. The potential opportunistic usage should not trip a threshold to require compensatory mitigation for any of these species. Wetlands Wetlands, including those located on the Property, are protected by state, federal, and/or local government rules against impacts from development. Should development be proposed which would affect these natural resources, permits authorizing these impacts would be needed, and mitigation for alterations to these wetlands can be required. Following is a general discussion of mitigation alternatives that may be applicable to the wetlands proposed to be impacted by development of the Property. Prior to impacting a wetland on a particular piece of property it is required that all efforts have been made to eliminate wetland impacts. If elimination of wetland impacts is not practicable, it is then required that site development alternatives be considered that reduce wetland impacts. This elimination and reduction exercise will be required should impacts to wetlands be proposed on the Property. Once it has been determined that all reasonable efforts have been made to reduce wetland impacts, the wetland regulatory agencies will consider compensation for wetland impacts through compensatory mitigation. Although mitigation can take on many forms, mitigation usually consists of restoration, enhancement, creation, or preservation of wetlands, other surface waters, or uplands. The amount of compensatory mitigation required is determined by the amount of biological lift needed to offset the proposed impacts. The quantity of biological lift required is dependent on the acreage of proposed wetland impact, the location and landscape support of the proposed impact site, the habitat value of the proposed impact site, the functionality of the proposed impact site, as well as the vegetative and hydrologic quality of wetlands proposed for impact. To determine the amount of biological lift provided by a mitigation site, an applicant must consider all of the above criteria, as the mitigation site exists prior to mitigation action, and determine how the proposed mitigation action will biologically improve the mitigation site. If the biological lift provided by completing the mitigation action outweighs the biological loss incurred by the proposed impact, the regulatory agencies are expected to permit the proposed project. As for this particular site, FDEP will require that efforts be made to reduce wetland impacts to the greatest extent possible. Once such efforts have been made and proven to the regulatory agencies, an applicant can then propose impacts to wetlands in conjunction with providing compensatory mitigation for such impacts. With this having been said, if an applicant were to employ one of the 23843EA.Rpt 377 FDEP out -provisions in which mitigation were offered that has a greater long-term ecological value than that of the wetlands proposed for impact and mitigation that implements all or part of a plan that provides regional ecological value, one could bypass FDEP's elimination and reduction criteria. One method to employ this out -provision is to provide mitigation from a permitted mitigation bank. Considering the mitigation in this basin currently charges $250,000.00 per credit, Atlantic Environmental estimates mitigation costs to range from approximately $55,000.00 to $70,000.00 for direct and secondary impacts to all the on-site wetlands. Should a temporary construction easement be required to the east of the proposed project, it is anticipated that this temporary easement would need to be regraded to natural grade and subsequently replanted with desirable species. It is also possible that monitoring would be required in the temporarily impacted wetland areas upon the completion of restoration. Lastly, depending on future maintenance needs of this gas line, it is possible that the mitigation costs could be lowered if it can be shown that wetland conditions will prevail after construction is completed. Conclusions Atlantic Environmental determined that the Property contains +0.86 acres of uplands and approximately 0.38 acres of wetlands. The Property also has the potential to support protected wildlife. However, no additional permitting related to listed species should be required. Impacts to wetlands must be addressed in the development process, through permitting, avoidance, mitigation, or some combination thereof. As the next step in the development process as it relates to environmental issues, Atlantic Environmental recommends delineating the on-site wetlands. Should you have any questions or need additional information, please do not hesitate to contact our office. We look forward to working further with you on this project. Sincerely, r David G. Purkerson, MS, PWS Vice President/ Biologist Jon H. Shepherd, MS, PWS President/Ecologist 23843EA.Rpt 378 Project: Nopetro Eco District Figure is Location Map 0 0.25 0.5 1 ATLANTIC Miles ENVIRONMENTAL ENVIRONMENTAL PERMITTING 6 MITIGATION Indian River County, Florida A gaj #: 23843 +' ProjectBoundary 1#►+##' _4"I N E s Project: Nopetro Eco District Figure 3: USGS Topo Map '`--'"' 0 250 500 1,000 T Ic Feet ." i �R-O—NMENTAL *,L PEWATTING 5 MITIGATION Oslo Quadrangle, Indian River County, Florida AS8Jbj #: 23843 Project Boundary 9. Pepper sand ® 13 Wabasso fine sand 16. Pineda fine sand 53. Manatee mucky loamy fine sand, depressional Project: Nopetro Eco DistrictI Figure 4: NRCS Soils Map 0 loo 200 400�1�■ 7 AVS Feet EWVIA0fgMEN ENVIRONMENTAL PERMITTING & MITIGAT!GN 2021 Aerial, Indian River County, Florida A1382)j #: 23843 Project Boundary 419. Other Pines 600. Wetlands 625. Hydric Pine Flatwoods 643. Freshwater Marsh 740. Disturbed Land Project: Nopetro Eco District Figure 5: Land Use (FLUCFCS) Map �. 0 100 200 400'IC Feet a Ytift*0N LhiTAL ENVIRONMENTAL PERMITTING 6 MITIGATION 2021 Aerial, Indian River County, Florida Ali83)j #: 23843 Project: Nopetro Eco District Figure 6: Wetlands Map 100 200 400 Feet 2021 Aerial, Indian River County, Florida ATLANTIC E N V I R O N M ENTAL ENVIRONMENTAL PERMITTING 6 MITIGATION A28ki #: 6 .� azo �: i m � � m NI D 6 -N 0 d -IML le Cl,(IFVM Co u N In I- 0 O M v r m a m M Z z 0 In m r z 0 QcMOQ Z O n �Tm (D x p cn c p _ O 3 C 3 Q � O L 0 W Q fn Q So CL N r+ O � Q Q �. 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