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12/05/2023
71 ER c\ iORlpi r� BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 5, 2023 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov COUNTY COMMISSIONERS 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 Stan Boling, Gracespring Covenant Church 3. PLEDGE OF ALLEGIANCE Bill DeBraal, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating Pearl Harbor Remembrance Day, December 7, 2023 Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of October 17, 2023 6.B. Regular Meeting of October 31, 2023 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION December 5, 2023 Page 1 of 6 7.A. SWDD Closures and Collection Service Changes for Christmas and New Years Attachments: Staff Report 7.B. Indian River County Venue Event Calendar Review Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments October 27, 2023 to November 2, 2023 Attachments: Comptroller Division Staff Report 8.B. Checks and Electronic Payments November 3, 2023 to November 9, 2023 Attachments: Comptroller Division Staff Report 8.C. Lobbyist for 2024 Legislative Session Attachments: Staff Report Anfield Contract 2024 8.D. FY 2022-2023 Records Management Compliance Statements Attachments: Staff Report BOCC Compliance Statement EMS Compliance Statement SWDD Compliance Statement 8.E. Designation of Excess Equipment as Surplus and Authorization for Disposal and Donation Attachments: Staff Report Excess List for 120523 8.F. Designation of Trane US, Inc. as Sole Source Provider for Service Contracts for the Control Systems Attachments: Staff Report Continuation of BAS Service Agreement Year 3 Cont of Intelligent Services Svc Agmt Year 3 Cont of Scheduled Mechanical Service Agmt Year 3 8.G. Resurfacing 69th Street From 66th Avenue to SR5/US-1, IRC -1639, Final Payment, Release of Retainage, and Change Order No. 1 Attachments: Staff Report Change Order No. 1 December 5, 2023 Page 2 of 6 8.11. Lost Tree Preserve, LLC's Request for Final Plat Approval for Lost Tree Preserve PD, Phases 4 and 5 [PD -10-08-01 / 99040238-95045] Attachments: Staff Report Location Map Final Plat Layout 8.I. Approval to Submit an FWC Bulk Derelict Vessel Removal Grant Application Attachments: Staff Report FWC Grant Application 8.J. Final Pay to CenState Contractors, Inc., for the Central Wastewater Treatment Facility RAS/WAS Rehabilitation Attachments: Staff Report Pay Application No 14 8.K. GrayMatter Change Order 1 for Industrial Control Systems Network Design Attachments: Staff Report Work Order Change Directive 8.L. Award of Bid No. 2024016, Sporting Clays Facility Improvements (IRC -1847) Attachments: Staff Report Sample Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Supervisor of Elections Leslie R. Swan re: Canvassing Board Appointments Attachments: Supervisor of Elections Memo 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. DR Horton, Inc.'s Request for Vacation of the Orchid Reserve Subdivision Plat [PVSD-06-03-05 / 2004050460-95295] LEGISLATIVE Attachments: Staff Report Location Map Resolution December 5, 2023 Page 3 of 6 10.A.2. Windsor Properties, Inc.'s Request to Rezone Approximately 52.96 Acres from A-1, Agriculture -1 and RS -3, Residential Single -Family to PD, Planned Development and to Obtain Conceptual PD Plan Approval for a Project to be known as Windsor North Village PD [PD -23-01-01 / 2001080111-93560] QUASI-JUDICIAL Attachments: Staff Report Location Map Aerial Conceptual PD Plan Landscape Plan Rezoning Ordinance 10.A.3. Windsor Properties, Inc.'s Request for Vacation of the Ocean Way Subdivision Plat [PVSD-90-05-08 / 2023060014-95088] LEGISLATIVE Attachments: Staff Report Location Map Plat Vacation Resolution B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Skylar Jenkins re: idea to increase public safety on our roadways for bicyclists, pedestrians, drivers, and impacted animals Attachments: Request to Speak S.Jenkins C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing for December 12, 2023, to Consider an Ordinance Removing An Additional Cent of Tourist Development Taxes Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Services B. Emergency Services C. Human Resources D. Information Technology 12.D.1. Request for Executive Session - Cybersecurity Attachments: Staff Report E. Natural Resources F. Office of Management and Budget December 5, 2023 Page 4 of 6 G. Parks, Recreation, and Conservation H. Planning and Development Services I. Public Works 12.I.1. Quay Dock Landing Subdivision, Partial Waiver Request to Floodplain Cut and Fill Balance Requirements, SD -19-04-01 / 2003010102-83528 Attachments: Staff Report Exhibit A - Location Map Street Exhibit AA - Location Map Aerial Exhibit B Preliminary Drainage Plan Exhibit C - 100 Year Floodplain Exhibit D - 10 Year Floodplain Exhibit E - 10 Year Cut -Fill Balance Exhibit F - 100 Year Cut -Fill Balance Exhibit G - Rise Exhibit 12.I.2. Hammock Shores Subdivision, Partial Waiver Request to the 100yr Floodplain Cut and Fill Balance Requirements, SD -23-11-05/2004120094-95512 Attachments: Staff Report Exhibit A FIRM Map With Site Location Exhibit AA - Location Map Exhibit B Preliminary Drainage Plan Exhibit C Cut -Fill Calc No Waiver Exhibit D Cut -Fill Calc 100 Year Waiver Exhibit -E -Exist. Storage Volume Exhibit-F-Cut-Fill-Calc-@-10Yr-Flood Exhibit G 1 00y Floodway Rise Calculation J. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Resolution in Support of Indian River County Mosquito Control District Attachments: Staff Report Resolution 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Joseph H. Earman December 5, 2023 Page 5 of 6 D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 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.eov 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 5, 2023 Page 6 of 6 Proclamation 5A, Pearl Harbor Remembrance Day, December 7, 2023 -Whereas, on December 7, 1941 the Japanese Navy attacked the US military forces at Pearl Harbor and Hickam Field Hawaii causing massive damage to the US Navy with the loss of nearly 20 vessels including the battleships USS Arizona, USS Oklahoma, USS California, USS West Virginia, USS Utah, USS Maryland, USS Pennsylvania, USS Tennessee, and USS Nevada. Additionally, over 200 US aircraft were destroyed while still on the ground. The attack resulted in the loss of almost 2,500 men killed and another 1,000 wounded; and -Whereas, although never declared an official holiday, on August 23, 1994 United States Congress designated December 7th as National Pearl Harbor Remembrance Day. Historically, this day has been known as "A date which will live in infamy", and caused the United States to declare war on Japan on December 8, 1941; and -Whereas, on December 7, 2023, on the 82nd anniversary of the attack on Pearl Harbor, we pause to remember those who gave their lives on that day as well as the many who made the ultimate sacrifice for their country in the coming battles of World War ll; and -Whereas, over 18,000 veterans of all wars presently reside in Indian River County, which is host to approximately 20 veteran organizations; and -Whereas, local veterans, individually and collectively as members of veteran organizations, contribute in many ways to the welfare and betterment of the social, cultural, and economic life of Indian River County; and -Whereas, on Wednesday, December 7, 2023 the Veterans Council of Indian River County express their heartfelt appreciation to all veterans living in Indian River County. Now, 71herefore, be it ProcCaimed by the Board of County Commissioners ofIndian River County, ,Florida, that December 7, 2023 be designated as PEARL HARBOR REMEMBRANCE DAY in Indian River County, and urge all citizens to fly the American flag to pay tribute to all veterans living and deceased. Adopted this 5th day of December, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss Informational Item /r A' Indian River County, Florida Department of Utility Services Board Memorandum Date: November 16, 2023 To: The Solid Waste Disposal District Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Jill Brown, Recycling Specialist, SWDD Sue Flak, Recycling Education and Marketing Coordinator, SWDD Subject: SWDD Closures and Collection Service Changes for Christmas and New Years Recommendation: In observance of the Christmas and New Year's Day Holidays, the Main County Landfill and the five Customer Convenience Centers will be closed on Monday, December 25`h, and Monday, January 1". The chart below provides information regarding collection services in unincorporated Indian River County and the municipalities. Residents may visit the Solid Waste Disposal District website at www.indianriver.gov for more information. Unincorporated IRC Town of orchid Christmas N New Year's t o s. n n I Garbage services will be shifted by one day. It vau are a Monday —lamer, you will be serviced nn. Twsday, lee. 2 If y— arP :. Tuesday c—wrn—, you will be wiv—d <nn. wedrsosday, D— This will continue through Sm day friday customers will be serviced on Saturday Dec -3V' same schedule for the following week (New Years) if yon area Monday customer, you will be serviced on Tuesday, Jan. 2 li yoe. ar.,- a Tuesdwy customer, you will be serviced on Wednesday, Ian. This will continue through Saturday Friday customers will be serviced on Saturday Ian. 6`. if you are a Monday (12/25 or 1/1) customer, your garbage will be serviced on your nerd scheduled service day. If you trave questions regarding yaw'service schedule. Please colt the Oty of Sia Solid Waste Division at 978-5300. If you are a Monday (12/25 or 1/1) customer, your garbage will be serviced on your next scheduled service day (Thursday 12/28 & 1/4). T,aa hove any purrnoas e;ording Pow— rr"Ovie, pkare coh rlre Waite Pra= 595.9390 zi e If you are a Monday (12./25 or 1/1) customer, your garbage will be serviced on your nem scheduled service day. If you hove questrans regarding your serf ce schedule, pteose calf Repubttc Services of 552.6620. 2 4 ORN Indian River County Venue Event Calendar — December 2023 For more www.indianriver.gov LECTURE & GUIDED BIRDING EXPERIENCE Wednesday, December 6 @ iG Center • 12:00pm-1:00pm. FREE! Sunday, December 10 @ Captain Forster Hammock Preserve • 8:00am-11:00am. FREE! Sunday, January 7 @ iG Center • 9:00am-11:00am. FREE! ➢ Join distinguished bird watcher David Simpson as we explore the wonderful world of Birding! A variety of topics will be covered during the lecture series offering participants a comprehensive birding experience when coupled with the guided portion. (December 6: Ring in the Holiday Cheer with Audubon's Christmas Bird County Lecture. December 10: ebird Birding Class Guided Portion) ➢ Space is limited. Register at conservation@indianriver.gov or contact Ashley at 772-365-1284 for more information. PAINT LIKE BOB ROSS Saturday, December 9 @ iG Center • 10:00am-12:30pm. Cost $59. ➢ Take a "Joy of Painting Class" with Certified Bob Ross Instructor Steven Brooks. No previous experience required. Just bring a winning smile and a desire to experience the joy of painting! All materials included. ➢ Go to PaintWithSteven.com register. VERO BEACH GUN SHOW Saturday and Sunday, December 9 & 10 @ IRC Fairgrounds • Saturday, 9:00am-5:00pm. Cost $8. • Sunday, 10:00am-4:00pm. Cost $8. ➢ Join Patriot Productions for the Vero Beach Gun Show. There will be live WWII, Vietnam and Civil War reenactments in the field! See soldiers in uniform, military vehicles, live weapons demo, camps, gear and more! Buy, sell, trade, and attend weapon license classes::.:: ➢ Go to https://www.patriotshows.com/ for more information. PASTURE MANAGEMENT FOR LIVESTOCK & HORSES Tuesday, December 12 @ IRC Fairgrounds & Expo Center • 9:30am-3:30pm. Cost $35. ➢ Ages: 18+ K ➢ Join our pasture management class for a full day of presentations and hand -on activities to learn best practices for pasture management. Participants will learn about the importance of good pasture management for livestock and horses, how to conduct a soil test and interpret results, scouting for and managing pasture weeds, and more. ➢ To register, go to bit.ly/47sOSDA TREASURE COAST ELEMENTARY PTA WINTER FEST Saturday, December 16 @ IRC Fairgrounds & Expo Center • 1:OOpm-9:OOpm. Cost $5. ➢ Winter Fun Fest hosted by the Treasure Coast Elementary PTA. Music, Food Trucks, Arts & Crafts, Games, Vendors and more. This is a cash only event. ➢ Registration is not required. VERO BEACH HOME SHOW Saturday and Sunday, January 6 & 7 @ IRC Fairgrounds • Saturday, 10:OOam-5:OOpm. FREE! • Sunday, 10:OOam-4:OOpm. FREE! ➢ Join us for the Vero Beach Home Show! This 2 -day event will leave you renewed with options to better your homestead, ideas for home improvement projects, experience new products and services on the market. You'll be amazed by what you'll find for your home, property, farm or ranch all under one roof! See the rows and rows of inspiration & creativity with the Arts & Crafts Expo part of our events! Live music at all our shows! ➢ Go to https://www.patriothomeshows.com/ for more information. 100 MILE SWIMCLUB Daily @ North County and Gifford Aquatic Centers • All ages are welcome. ➢ Get started by setting a personal goal, whether you want to swim 5 miles or 500. Sign up all year long by visiting our aquatics desk. Annual membership $10.00 for local tracking, (laps swam at North county or Gifford Aquatics pool) or 15.00 for Global tracking, (laps swam anywhere) valid January -December. ➢ All participants reaching the 100 miles will receive a yearly certificate indicating the total miles swam. ➢ All participants will be invited to the end of the year potluck and recognition ceremony. ➢ Swimmer who swim 100 miles at North County and Gifford Aquatic Centers, within the year, will receive an exclusive 100 Mile Swim Club T-shirt. ➢ Sign up at either facility today and just keep swimming! ADULT OPEN GYM BASKETBALL Tuesday and Thursday @ iG Center • 9:OOam-2:OOpm. Cost $6. ➢ Adults 18 & older. ➢ Time where the gymnasium is available to adults to practice skills, shoot hoops, and play pick-up games. ➢ Call 772-226-1780 for more information. FJ AQUAFIT Tuesday, Wednesday, Thursday, Year -Round @ North County Aquatic Center • 9:30am-10:30am. Cost $4 (or 8 class pass $28). ➢ All Ages. ➢ Move along to music as you perform instructor -guided moves designed to improve cardiovascular function, increase core strength, develop better, and burn calories. Let's make the water work for you. Flotation belts and water barbells are available at no charge. ➢ For more information, contact the North County Aquatic Center (772) 226-1752. BOARD GAMES Thursday @ iG Center • Tuesday 1:OOpm-4:OOpm. Cost $1. ➢ Ages 18 & older. ➢ Join us for a fun filled afternoon playing some of our favorite board games! ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. BRIDGE CLASS Thursday @ iG Center • 4:OOpm-6:OOpm. Cost $3. ➢ Ages 15 & older. ➢ This informal Bridge Class is designed for beginner to intermediate players. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. COLORING & COFFEE Tuesday @ iG Center • 9:OOam-10:OOam. Cost $1. ➢ Ages 55 & older. ➢ Looking for a way to unwind and reduce stress? Join us for a morning of relaxation through coloring. Materials provided. ➢ For more information call 772-226-1780. COUNTRY LINE DANCING Tuesday @ iG Center • 6:30pm-7:30pm. Cost $3. ➢ All ages welcome! Join us for a fun evening of Country Line Dancing! Instruction and lessons provided. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. GENTLE CHAIR YOGA Monday, Tuesday & Thursday @ iG Center • Monday, 10:30am-11:30am; Tuesday and Thursday, 12:OOpm-1:00 pm. Cost $5. ➢ All ages welcome! Designed to improve flexibility and strengthen muscles while using a chair for support. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. E HEALTHIER YOU WEDNESDAYS Third Wednesday, @ iG Center • 11:00am-12:00pm. FREE! ➢ Join Nutrition Educator Amanda Trott to learn the importance of healthy food choices and how to live a healthier more nutritious lifestyle. No registration required! ➢ For more info call us at 772-226-1780. HOME GARDENING LECTURE SERIES Second Tuesday @ Brackett Library • 12:00pm-4:00pm. FREE! ➢ Ages 18 & older. ➢ Participants will learn about a variety of home gardening topics. They can register for one lecture or the entire series. ➢ To register, go to bit.ly/46BwpmO Second Thursday @ North County Library • 10:00am-1:00pm. FREE! ➢ Ages 18 & older. ➢ Participants will learn about a variety of home gardening topics. They can register for one lecture or the entire series. ➢ To register, go to bit.ly/46BwpmO HOMESCHOOL PE Tuesday @ iG Center • 3:00pm-4:00pm. Cost $3. ➢ Ages 4-10 years. Limited spots please register. ➢ A great chance for children to exercise and make new friends. Teaching children valuable life skills such as teamwork, fairness, and good sportsmanship. ➢ Go to www.indianriver.gov/parksand recreation to register or call 772-226-1780. INTRODUCTION TO BALLROOM DANCING -NEW CLASS Wednesday @ iG Center • 7:00pm-8:00pm. Cost $10. ➢ Ages 12 & older. ➢ Participants will learn the basics of ballroom dancing, including leading and following. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. INTRODUCTION TO PHOTOJOURNALISM- NEW CLASS Wednesday @ iG Center • 5:00pm-6:00pm. FREE! ➢ Ages 13-65 years. ➢ This class will guide learners in developing technical prowess and narrative intuition, combining foundational photography principles with insights and experiences from a celebrated photographer as they embark on their photojournalism journey. 6 ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. IRC STEEL CHALLENGE Last Friday of every month@ IRC Shooting Range • Begins at 9:OOam. Cost $21.40 includes standard pistol and rifle ranges. ➢ Allows shooters to test their abilities on steel targets and practice their magazine reloads in the process. No registration required. ➢ For more information call 772-226-3096. MAHJONG Tuesday and Thursday @ iG Center • Tuesday 10:OOam-1:OOpm; Thursday 1:OOpm-3:30pm. Cost $2. ➢ Ages 18 & older. ➢ Tile sets are provided as you play in groups of 3-4. Please bring your own Mahjong card. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. MAT PILATES Tuesday and Thursday @ iG Center • 9:15am-10:15am. Cost $12. ➢ All ages! ➢ Exercises are structured using special equipment designed to improve strength, flexibility, posture and enhance mental awareness. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. OPEN PLAY PICKLEBALL Monday, Wednesday and Friday @ iG Center • 8:30am-11:30am and 12:OOpm-3:OOpm. Cost $3. Saturdays @ iG Center • 9:OOam-12:OOpm. Cost $3. ➢ Pickleball is played in the gymnasium (6 courts) as either singles or doubles with a paddle and a plastic whiffle ball. Please bring your own equipment. ➢ Call 772-226-1780 for more information. PICKLEBALL CLASSES — WITH DEREK PRINCE Monday (twice monthly, dates vary) @ iG Recreation Center • 12:30pm-2:OOpm. $30 per class. ➢ Beginner Pickleball Levels I — III / Pickleball Doubles Strategy / Intro to Pickleball ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. OPEN PLAY PING PONG Monday @ iG Center • 5:30pm-8:30pm. Cost $3. ➢ Whether you're a beginner or seasoned pro it's the perfect way to improve your skills, meet new people, and have a blast! Mark your calendar and get ready to unleash your ping pong skills! No registration required! ➢ For more info call us at 772-226-1780. 7 PRE-SCHOOL TUMBLING Friday @ iG Center • 10:15am, 1:OOpm, and 4:OOpm. Cost $3 pre -registered; $5 at the door. ➢ Preschool tumbling is a great start for ages 4-5. Children are taught basic tumbling skills such as forwards/backwards rolls, handstands, and cartwheels. ➢ Improve self-confidence, basic skills, strength, flexibility and balance. Spaces are limited! ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. QI GONG Tuesday @ iG Center • 10:OOam-11:OOam. Cost $12. ➢ No special clothing or equipment required. Stand or Sit. Walk-ins welcome. ➢ Leave refreshed, relaxed and joyful. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. RIMFIRE CHALLENGE Last Saturday of every month @ IRC Shooting Range • 9:OOam. Cost $12.60 standard range fee. ➢ Open to all levels of shooting enthusiasts. It can be for fun, personal improvement or in preparation for a competition. No registration required. ➢ For more information call 772-226-3096. SENIOR WALKING CLUB • Tuesday @ 8:30am @ MLK, Jr. Walking Trail & Park. FREE! • Tuesday @ 9:30am @ Victor Hart Sr. Community Enhancement Complex. FREE! ➢ Led by Certified Walk with Ease Instructor & Recreation Leader Sarah Eiswerth. ➢ For more information call 772-226-1780. SENIOR WELLNESS PROGRAM WITH SANDY Monday, Wednesday and Friday @ iG Center • 10:OOam-11:OOam. FREE! ➢ Special programming for our 55+ community to have social interaction and light exercise activity. Activities can be adapted to ability levels and interests. Walk-ins welcome. ➢ For more information call 772-226-1780. SENIOR WELLNESS — DANCING TO MUSIC Thursday @ iG Center • 10:30am-11:30am. FREE! ➢ Similar to our regular Senior Wellness Program for 55 & older but with fun dancing music to spice it up a notch. Walk-ins welcome. ➢ For more information call 772-226-1780. SHINE LIGHT WITH CRYSTAL Saturday @ iG Center • 9:30am-10:30am. Cost $10. ➢ Full body cardio and toning workout based in traditional jazz, ballet and hip-hop. ➢ Get ready to sweat, smile, shimmy and shake your worries away. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation-to register or call 772-226-1780. STRETCH & FLEX Monday, Tuesday and Thursday @ iG Center • Monday, 9:15am-10:15am; Tuesday and Thursday, 9:30am-10:30am. Cost $5. ➢ Great cardiovascular workout set to music. Helps build endurance and strengthens the heart. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. SWIM LESSONS Private swim lessons are available through the fall and winter. • Cost $80 per person; scholarships available for those who qualify. ➢ The cost includes four 25 -minute lessons. ➢ For information, call the North County Aquatic Center at772-226-1752 of the Gifford Aquatic Center at 772-226-1175. THURSDAY NIGHT LIGHTS Thursday @ IRC Shooting Range • 5:OOpm-9:OOpm. Cost $8 per round. ➢ We light up the fields for a fun skeet -trap night activity. No registration required. ➢ For more information call 772-226-3096. UP BEAT BOXING Tuesday and Thursday @ iG Center • 3:OOpm-4:OOpm. FREE! ➢ Boxing fitness class geared for ages 55 +. Walk-ins welcome. ➢ For more information call 772-226-1780. Held twice a week to get you out, active and UP -BEAT! VETERANS YOGA PROJECT — MINDFUL RESILIENCE Wednesday @ iG Center • 2:OOpm-3:OOpm. FREE! ➢ Led by Certified Yoga Alliance Trainer Danielle Martinez. ➢ Class open to active and retired military, first responders, their families, caregivers and anyone looking to support veterans. ➢ Call 772-226-1780 for more information. 9 YOGA LATES Tuesday and Thursday @ iG Center • 10:30am-11:30am. Cost $8. ➢ Mix between Yoga and Pilates. Walk-ins welcome. ➢ Go towww.indianriver.gov/parksandrecreation to register or call 772-226-1780. YOUTH OPEN GYM BASKETBALL Monday, Wednesday and Saturday @ iG Center • Monday and Wednesday, 4:00pm-8:30pm; Saturday, 1:00pm-4:00pm. Cost $2. ➢ Unstructured activity time where the gymnasium is available to Youths (17 and under) to practice skills, shoot hoops, and play pick-up games. ➢ Call 772-226-1780 for more information. 10 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: November 2, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 27, 2023 to November 2, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's Division, for the time period of October 27, 2023 to November 2, 2023. 11 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 442900 10/27/2023 UNITED WAY OF INDIAN RIVER COUNTY 734.00 442901 10/27/2023 CALIFORNIA STATE DISBURSEMENT UNIT 305.19 442902 10/27/2023 MIDLAND FUNDING, LLC 325.65 442903 11/02/2023 DONALD JONES 36.00 442904 11/02/2023 SUSAN ADAMS 355.55 442905 11/02/2023 ERIC CHAREST 240.74 442906 11/02/2023 RACE TO SAFETY TRAINING LLC 250.00 442907 11/02/2023 JAMES MANN 25.30 442908 11/02/2023 GARRETT DANCY 144.00 442909 11/02/2023 BRYANT SMITH 144.00 442910 11/02/2023 RICOH USA INC 70.58 442911 11/02/2023 SAFETY PRODUCTS INC 983.25 442912 11/02/2023 BAKER DISTRIBUTING CO LLC 29.33 442913 11/02/2023 ATKINS NORTH AMERICA INC 18,157.00 442914 11/02/2023 AT&T CORP 690.00 442915 11/02/2023 AT&T CORP 198.00 442916 11/02/2023 LIVINGSTON PAGE 50.00 442917 11/02/2023 CITY OF SEBASTIAN 33,703.41 442918 11/02/2023 FLORIDA POWER AND LIGHT 6,690.65 442919 11/02/2023 FLORIDA SHORE & BEACH PRESERVATION 7,000.00 442920 11/02/2023 BRIDGESTONE AMERICAS INC 145.93 442921 11/02/2023 LARRY STEPHENS 50.00 442922 11/02/2023 LEEWARD ROOFING LLC 15,140.00 442923 11/02/2023 FISHER & PHILLIPS LLP 2,743.50 442924 11/02/2023 PIPER AIRCRAFT INC 750.00 442925 11/02/2023 NORTH HARRIS COMPUTER CORPORATION 4,250.00 442926 11/02/2023 WESTMARK CONSTRUCTION CO 7,119.00 442927 11/02/2023 CANARX GROUP INC 5,888.10 442928 11/02/2023 ST HELENS CATHOLIC SCHOOL 300.00 442929 11/02/2023 CHANGE HEALTHCARE LLC 35,946.09 442930 11/02/2023 AMAZON CAPITAL SERVICES INC 146.65 442931 11/02/2023 GRBK GHO HOMES LLC 28,045.57 442932 11/02/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 84.63 442933 11/02/2023 LOWES COMPANIES INC 149.50 442934 11/02/2023 CONTROL TECHNOLOGIES INC 195,998.32 442935 11/02/2023 THEODORE SEMI 50.00 442936 11/02/2023 CER SIGNATURE CLEANING LLC 2,900.00 442937 11/02/2023 BLUETARP FINANCIAL INC 37.33 442938 11/02/2023 KEIYON MILLS 50.00 442939 11/02/2023 PRO AUDIO VIDEO INC 227.50 442940 11/02/2023 FL UNITED LACROSSE LLC 5,000.00 442941 11/02/2023 JUDITH HARRIMAN 771.30 442942 11/02/2023 KALEEN CRAWFORD 250.00 442943 11/02/2023 LARSON KING LLP 250.00 442944 11/02/2023 FRANCK GEDEON 250.00 442945 11/02/2023 ALEX PAPPAS 150.00 442946 11/02/2023 JUDITH WHITCHER 210.01 442947 11/02/2023 LOUISE GRAEF 270.01 442948 11/02/2023 RICHARD LEVEY 405.63 442949 11/02/2023 JOSEPH SAVIAK 467.04 442950 11/02/2023 UTIL REFUNDS 17.14 442951 11/02/2023 UTIL REFUNDS 100.00 442952 11/02/2023 UTIL REFUNDS 9.14 442953 11/02/2023 UTIL REFUNDS 20.00 442954 11/02/2023 UTIL REFUNDS 117.01 442955 11/02/2023 UTIL REFUNDS 6.85 442956 11/02/2023 UTIL REFUNDS 50.00 442957 11/02/2023 UTIL REFUNDS 10.90 12 TRANS NBR DATE VENDOR AMOUNT 442958 11/02/2023 UTIL REFUNDS 33.33 442959 11/02/2023 UTIL REFUNDS 23.09 442960 11/02/2023 UTIL REFUNDS 13.23 442961 11/02/2023 UTIL REFUNDS 9.61 442962 11/02/2023 UTIL REFUNDS 11.49 442963 11/02/2023 UTIL REFUNDS 13.04 442964 11/02/2023 UTIL REFUNDS 59.26 442965 11/02/2023 COMMUNICATIONS INTERNATIONAL 31,879.52 442966 11/02/2023 REPUBLIC SERVICES INC 552,338.16 442967 11/02/2023 ATKINS NORTH AMERICA INC 28,381.35 442968 11/02/2023 TREASURE COAST HOMELESS SERVICES 6,649.44 442969 11/02/2023 INTERNATIONAL GOLF MAINTENANCE INC 153,688.17 442970 11/02/2023 GEOSYNTEC CONSULTANTS INC 105,151.14 442971 11/02/2023 TLC DIVERSIFIED INC 698,640.24 442972 11/02/2023 MBV ENGINEERING INC 7,700.00 442973 11/02/2023 REI ENGINEERS INC 1,005.00 442974 11/02/2023 BOWMAN CONSULTING GROUP LTD 3,695.00 442975 11/02/2023 TETRA TECH INC 1,203.71 442976 11/02/2023 REVIZE LLC 19,700.00 442977 11/02/2023 BULK EXPRESS TRANSPORT INC 24,045.22 442978 11/02/2023 HOUSING & URBAN DEVELOPMENT 1,376.00 442979 11/02/2023 S&ME INC 53,728.61 442980 11/02/2023 COMMUNICATIONS INTERNATIONAL 6,537.92 442981 11/02/2023 SSES INC 406.12 442982 11/02/2023 TEN-8 FIRE EQUIPMENT INC 69.66 442983 11/02/2023 VERO CHEMICAL DISTRIBUTORS INC 765.15 442984 11/02/2023 RICOH USA INC 281.94 442985 11/02/2023 CHISHOLM CORP OF VERO 733.50 442986 11/02/2023 KIMLEY HORN & ASSOC INC 1,000.00 442987 11/02/2023 SAFETY PRODUCTS INC 466.84 442988 11/02/2023 PARALEE COMPANY INC 4,512.81 442989 11/02/2023 INDIAN RIVER BATTERY 365.00 442990 11/02/2023 GRAINGER 1,536.66 442991 11/02/2023 HACH CO 483.10 442992 11/02/2023 CLIFF BERRY INC 416.50 442993 11/02/2023 MEEKS PLUMBING INC 1,360.22 442994 11/02/2023 BOUND TREE MEDICAL LLC 6,354.60 442995 11/02/2023 BRISTER SIGNS INC 1,360.00 442996 11/02/2023 EXPRESS REEL GRINDING INC 2,830.00 442997 11/02/2023 TIRESOLES OF BROWARD INC 6,998.97 442998 11/02/2023 ABCO GARAGE DOOR CO INC 370.00 442999 11/02/2023 NEWMANS POWER SYSTEMS 822.64 443000 11/02/2023 KETCHUM MANUFACTURING CO INC 1,892.00 443001 11/02/2023 MIDWEST TAPE LLC 2,338.50 443002 11/02/2023 NORTHERN SAFETY CO INC 174.71 443003 11/02/2023 ODYSSEY MANUFACTURING CO 31,858.70 443004 11/02/2023 HUDSON PUMP & EQUIPMENT 72.84 443005 11/02/2023 BAKER DISTRIBUTING CO LLC 58.16 443006 11/02/2023 CENGAGE LEARNING INC 297.00 443007 11/02/2023 WILLIE C REAGAN 850.00 443008 11/02/2023 INDIAN RIVER COUNTY HEALTH DEPT 35.00 443009 11/02/2023 CITY OF VERO BEACH 241.03 443010 11/02/2023 HOME DEPOT USA INC 209.61 443011 11/02/2023 FLORIDA DEPT OF TRANSPORTATION 20.66 443012 11/02/2023 LIVINGSTON PAGE 150.00 443013 11/02/2023 TREASURE COAST HOMELESS SERVICES 6,806.00 443014 11/02/2023 BRACKETT FAMILY LIMITED PARTNERSHIP 1,174.00 443015 11/02/2023 ENVIRONMENTAL LEARNING CENTER INC 1,086.82 443016 11/02/2023 FEDERAL EXPRESS CORP 19.40 443017 11/02/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 757.33 13 2 TRANS NBR DATE VENDOR AMOUNT 443018 11/02/2023 FLORIDA POWER AND LIGHT 176,938.48 443019 11/02/2023 GLOBAL GOLF SALES INC 846.48 443020 11/02/2023 CATHOLIC CHARITIES DIOCESE OF PALM BCH 9,847.16 443021 11/02/2023 HIBISCUS CHILDRENS CENTER INC 3,081.47 443022 11/02/2023 IRC HEALTHY START COALITION INC 3,333.37 443023 11/02/2023 IRC HEALTHY START COALITION INC 10,663.75 443024 11/02/2023 IRC HEALTHY START COALITION INC 3,166.63 443025 11/02/2023 IRC HEALTHY START COALITION INC 3,250.00 443026 11/02/2023 L WALTON ELECTRIC INC 270.00 443027 11/02/2023 HENRY SMITH 200.00 443028 11/02/2023 INDIAN RIVER COUNTY HISTORICAL 2,659.76 443029 11/02/2023 JOHN BROWN & SONS INC 5,000.00 443030 11/02/2023 CHILDRENS HOME SOCIETY OF FL 4,759.80 443031 11/02/2023 INTERNATIONAL CODE COUNCIL INC 14,244.30 443032 11/02/2023 DAVID SPARKS 808.00 443033 11/02/2023 FORT PIERCE HOUSING AUTHORITY 825.00 443034 11/02/2023 FAE4-HA 140.00 443035 11/02/2023 RECHTIEN INTERNATIONAL TRUCKS 505.94 443036 11/02/2023 PELICAN ISLAND AUDUBON SOCIETY INC 6,402.85 443037 11/02/2023 THE PALMS AT VERO BEACH 2,347.00 443038 11/02/2023 TRANE US INC 388.24 443039 11/02/2023 HULETT ENVIRONMENTAL SERVICES 200.50 443040 11/02/2023 ARTHUR PRUETT 791.00 443041 11/02/2023 BIG BROTHERS AND BIG SISTERS 1,250.00 443042 11/02/2023 RECYCLE FLORIDA TODAY INC 400.00 443043 11/02/2023 THE SHERWIN WILLIAMS CO 177.53 443044 11/02/2023 SOUTHERN JANITOR SUPPLY INC 4,384.89 443045 11/02/2023 MICHAEL JAHOLKOWSKI 554.00 443046 11/02/2023 ETR LLC 157.51 443047 11/02/2023 C W NIELSEN MFG CORP 1,620.00 443048 11/02/2023 LARRY STEPHENS 25.00 443049 11/02/2023 KNOX ASSOCIATES INC 721.00 443050 11/02/2023 RICHARD SCHLITT 841.00 443051 11/02/2023 SUNCOAST REALTY & RENTAL MGMT LLC 872.00 443052 11/02/2023 PAMELA R CUMMINGS 1,186.00 443053 11/02/2023 JOHNNY B SMITH 50.00 443054 11/02/2023 FISHER & PHILLIPS LLP 3,097.50 443055 11/02/2023 INDIAN RIVER RDA LP 508.00 443056 11/02/2023 REDLANDS CHRISTIAN MIGRANT ASSOC 8,678.52 443057 11/02/2023 PETER J CASSARA 9,490.00 443058 11/02/2023 AFFORDABLE WATER & COFFEE SVC 90.00 443059 11/02/2023 TRADEWINDS POWER CORP 2,906.87 443060 11/02/2023 TREASURE COAST FOOD BANK INC 399.56 443061 11/02/2023 NICOLACE MARKETING INC 300.00 443062 11/02/2023 OKEECHOBEE PARTNERS LLC 1,167.00 443063 11/02/2023 PIONEER MANUFACTURING 1,155.00 443064 11/02/2023 FLORIDA ARMATURE WORKS INC 5,261.09 443065 11/02/2023 OVERDRIVE INC 1,949.55 443066 11/02/2023 MISS INC OF THE TREASURE COAST 961.00 443067 11/02/2023 JOSHUA HARVEY GHIZ 8,545.20 443068 11/02/2023 ROTARY CLUB OF VERO BEACH SUNRISE FOUNDATIC 100.00 443069 11/02/2023 CARDINAL HEALTH 110 INC 1,860.87 443070 11/02/2023 MUNICIPAL EMERGENCY SERVICES INC 1,117.41 443071 11/02/2023 STS MAINTAIN SERVICES INC 14,956.33 443072 11/02/2023 MICHAEL EDWARD HAMILTON 300.00 443073 11/02/2023 HAWKINS INC 1,088.00 443074 11/02/2023 AUGUSTUS B FORT JR 941.00 443075 11/02/2023 CATHEDRAL CORPORATION 976.26 443076 11/02/2023 H&H SHADOWBROOK LLC 794.00 443077 11/02/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 2,343.56 14 TRANS NBR DATE VENDOR AMOUNT 443078 11/02/2023 BARSALOU VENTURES LLC 1,389.57 443079 11/02/2023 THE GIFFORD FLORIDA YOUTH ORCHESTRA 7,734.00 443080 11/02/2023 BYERS ENGINEERING COMPANY 9,080.00 443081 11/02/2023 WEDGEWOOD RENTALS LLC 1,038.00 443082 11/02/2023 MATHESON TRI-GAS INC 9,561.60 443083 11/02/2023 COLE AUTO SUPPLY INC 1,401.06 443084 11/02/2023 BETH NOLAN 174.00 443085 11/02/2023 NKW PIP HOLDINGS I LLC 942.00 443086 11/02/2023 FLORIDA BULB & BALLAST INC 578.00 443087 11/02/2023 BROWNELLS INC 591.10 443088 11/02/2023 WOERNER AGRIBUSINESS LLC 304.00 443089 11/02/2023 KARLPOKRANDT 1,117.00 443090 11/02/2023 ARI PHOENIX INC 3,079.19 443091 11/02/2023 BRANDON ROUER 3,285.00 443092 11/02/2023 HINTERLAND GROUP INC 136,512.37 443093 11/02/2023 AUSTIN HUNT 480.00 443094 11/02/2023 HUDSON CONSULTING & MANAGEMENT LLC 716.00 443095 11/02/2023 AMAZON CAPITAL SERVICES INC 4,749.33 443096 11/02/2023 PACE ANALYTICAL SERVICES LLC 655.24 443097 11/02/2023 AMERIGAS PROPANE LP 3,281.98 443098 11/02/2023 JORDAN POWER EQUIPMENT CORP 993.80 443099 11/02/2023 CK CONTRACTORS & DEVELOPMENT LLC 189,371.98 443100 11/02/2023 MD NOW MEDICAL CENTERS INC 150.00 443101 11/02/2023 MULLINAX FORD OF VERO BEACH 466.76 443102 11/02/2023 JUDITH A BURLEY 235.50 443103 11/02/2023 SHARON P BRENNAN 689.00 443104 11/02/2023 SOUTH CENTRAL PLANNING & DEVELOPMENT COMM 13,250.75 443105 11/02/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 718.77 443106 11/02/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 227.91 443107 11/02/2023 DESK SPINCO INC 607.41 443108 11/02/2023 A PLUS PROPERTY MANAGEMENT INC 3,087.00 443109 11/02/2023 BLUE GOOSE CONSTRUCTION LLC 2,741.68 443110 11/02/2023 STAPLES INC 823.43 443111 11/02/2023 LOWES COMPANIES INC 2,403.00 443112 11/02/2023 SMI TRADING LLC 116.05 443113 11/02/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 54.90 443114 11/02/2023 TAGMARSHAL INTERNATIONAL LIMITED 945.20 443115 11/02/2023 BREGO PROPERTIES LLC 861.00 443116 11/02/2023 ROBERT A HUDSON 100.00 443117 11/02/2023 SREIT LEXINGTON CLUB LLC 4,377.00 443118 11/02/2023 THEODORE SEMI 175.00 443119 11/02/2023 VERO BEACH LEASED HOUSING ASSOC 1II LLLP 484.00 443120 11/02/2023 MARLBROS HOLDINGS LLC 1,341.00 443121 11/02/2023 HIREQUEST LLC 5,620.76 443122 11/02/2023 SAFE FAMILIES FOR CHILDREN 3,249.77 443123 11/02/2023 SEUNG KIM 650.00 443124 11/02/2023 NEX-GEN PARTNERS LLC 8,170.00 443125 11/02/2023 EZAS INVESTMENTS LLC 1,450.00 443126 11/02/2023 MICHAEL MILLER 1,600.00 443127 11/02/2023 MARUBENI AMERICA CORPORATION 4,990.50 443128 11/02/2023 RS REALTY ADVISORS LLC 2,201.00 443129 11/02/2023 WILLIAM J LAHEY 773.00 443130 11/02/2023 PIVOTAL UTILITY HOLDINGS INC 48.76 443131 11/02/2023 SANDHILL ENVIRONMENTAL SERVICES LLC 18,965.81 443132 11/02/2023 SONIA SUSAN SOSA 1,383.00 443133 11/02/2023 ULTIMATE PROPERTIES & LOGISTICS LLC 1,037.00 443134 11/02/2023 TK ELEVATOR CORPORATION 2,996.54 443135 11/02/2023 CARAHSOFT TECHNOLOGY CORP 20,000.00 443136 11/02/2023 RONALD MARASCO SR 35.00 443137 11/02/2023 OCP COMMUNITY OUTREACH INC 7,293.91 15 TRANS NBR DATE VENDOR AMOUNT 443138 11/02/2023 METTLER-TOLEDO INTERNATIONAL INC 3,100.14 443139 11/02/2023 TAYLOR NELSON AUXIER 170.00 443140 11/02/2023 KAREN CHENNELL 2,027.00 443141 11/02/2023 JT VERO PROPERTIES LLC 2,574.00 443142 11/02/2023 DOUG FREEMAN 1,000.00 443143 11/02/2023 DE 2018 PLLC 6,664.82 443144 11/02/2023 SM REALTY PARTNERS LLC 2,207.00 443145 11/02/2023 XEROX CORPORATION 180.83 443146 11/02/2023 BLUETARP FINANCIAL INC 51.84 443147 11/02/2023 IXORIA RE LLC 1,141.00 443148 11/02/2023 FLEETPRIDE INC 496.50 443149 11/02/2023 HI LIFE PROPERTY MANAGEMENT LLC 1,791.00 443150 11/02/2023 JORDAN PARKER 100.00 443151 11/02/2023 JB JONES JR 877.00 443152 11/02/2023 UNA GRAHAM 1,400.00 443153 11/02/2023 HAR-RO PROPERTIES LLC 1,030.00 443154 11/02/2023 JOHN DAVID HAYES 2,434.00 443155 11/02/2023 SUBSTANCE ABUSE COUNCIL OF IRC 2,758.50 443156 11/02/2023 GARY C ALERTE JR 1,175.00 443157 11/02/2023 ARTHUR J MALTY 25.00 443158 11/02/2023 JOHN DIGIACOMO 25.00 443159 11/02/2023 JOSHUA CHANDLER 18.62 443160 11/02/2023 BATES AIR & HEAT LLC 642.50 443161 11/02/2023 LF STAFFING SERVICES INC 3,607.82 443162 11/02/2023 LF STAFFING SERVICES INC 312.80 443163 11/02/2023 FIONNA SMITH 1,417.00 443164 11/02/2023 OPENGOV INC 51,603.00 443165 11/02/2023 PINES VILLAGE LLC 2,144.00 443166 11/02/2023 MARK HAYNES 50.00 443167 11/02/2023 CENTRAL FLORIDA EXPRESSWAY AUTHORITY 17.00 443168 11/02/2023 CENTRAL FLORIDA EXPRESSWAY AUTHORITY 7.26 443169 11/02/2023 JONATHAN FRAZIER 25.00 443170 11/02/2023 KATHERINE L NALL 48.00 443171 11/02/2023 TREASURE COAST MANAGEMENT SPECIALISTS LLC 1,351.00 443172 11/02/2023 CYNTHIA A BRUTOSKY 9.00 443173 11/02/2023 PLAYCORE GROUP INC & SUBSIDIARIES 909.00 443174 11/02/2023 KEIYON MILLS 175.00 443175 11/02/2023 TORY RHON DONNETTE 75.00 443176 11/02/2023 TYRELL MORGAN 75.00 443177 11/02/2023 DENA KAY MATTHEWS 2,114.00 443178 11/02/2023 VECELLIO GROUP INC 1,069.78 443179 11/02/2023 INDIO RIVER LLC 937.00 443180 11/02/2023 BLAIR WITHERINGTON 910.00 443181 11/02/2023 CYNTHIA WOLD 145.00 Grand Total: 3,075,710.22 16 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 902976 11/02/2023 GRACES LANDING LTD 647.00 902977 11/02/2023 CREATIVE CHOICE HOMES XVI LTD 777.00 902978 11/02/2023 FLORIDA POWER AND LIGHT 92.00 902979 11/02/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 511.00 902980 11/02/2023 PELICAN ISLES LP 661.00 902981 11/02/2023 LAZY J LLC 428.00 902982 11/02/2023 COALITION FOR ATTAINABLE HOMES INC 691.00 902983 11/02/2023 ORCHARD GROVE VENTURE LLC 5,564.00 902984 11/02/2023 SREIT LEXINGTON CLUB LLC 2,729.00 902985 11/02/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 298.00 902986 11/02/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 4,562.00 902987 11/02/2023 JACOURT LLC 3,781.00 902988 11/02/2023 GRACES LANDING LTD 13,039.00 902989 11/02/2023 BETTY DAVIS SCROGGS 665.00 902990 11/02/2023 CREATIVE CHOICE HOMES XVI LTD 10,663.00 902991 11/02/2023 DAVID YORK 710.00 902992 11/02/2023 ST FRANCIS MANOR OF VERO BEACH 1,679.00 902993 11/02/2023 TREASURE COAST HOMELESS SERVICES 2,691.00 902994 11/02/2023 FLORIDA POWER AND LIGHT 220.00 902995 11/02/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 4,450.00 902996 11/02/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 5,069.00 902997 11/02/2023 THE PALMS AT VERO BEACH 26,380.00 902998 11/02/2023 DAVID CONDON 980.00 902999 11/02/2023 HILARY MCIVOR 539.00 903000 11/02/2023 PELICAN ISLES LP 10,005.00 903001 11/02/2023 SUNCOAST REALTY & RENTAL MGMT LLC 621.00 903002 11/02/2023 PAMELA R CUMMINGS 600.00 903003 11/02/2023 ADINAGOLDMAN-WALKER 1,139.00 903004 11/02/2023 INDIAN RIVER RDA LP 2,918.00 903005 11/02/2023 LAZY J LLC 2,612.00 903006 11/02/2023 SAID S MOOBARK 2,298.00 903007 11/02/2023 OSCEOLA COUNTY SECTION 8 1,086.16 903008 11/02/2023 YVONNE KOUTSOFIOS 180.00 903009 11/02/2023 BRIAN E GALLAGHER 705.00 903010 11/02/2023 JOHN T STANLEY 1,534.00 903011 11/02/2023 WEDGEWOOD RENTALS LLC 1,267.00 903012 11/02/2023 COALITION FOR ATTAINABLE HOMES INC 1,115.00 903013 11/02/2023 MYRIAM MELENDEZ 743.00 903014 11/02/2023 WATSON REALTY GROUP 2,513.00 903015 11/02/2023 SHER LLC 801.00 903016 11/02/2023 ORCHARD GROVE VENTURE LLC 21,556.00 903017 11/02/2023 SREIT LEXINGTON CLUB LLC 32,822.00 903018 11/02/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 17,510.00 903019 11/02/2023 B4 TC PROPERTIES LLC 933.00 903020 11/02/2023 STREIT RIVER PARK PLACE LLC 17,564.00 903021 11/02/2023 EZAS INVESTMENTS LLC 949.00 903022 11/02/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 24,478.00 903023 11/02/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 5,836.00 903024 11/02/2023 JACOURT LLC 4,680.00 903025 11/02/2023 CHRISTINE HARVEY LAWRENCE 719.00 903026 11/02/2023 CENTER LAKE PROPERTY MANAGEMENT LLC 2,211.00 Grand Total: 247,221.16 17 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE 1021087 10/27/2023 1021088 10/27/2023 1021089 10/27/2023 1021090 10/27/2023 1021091 10/27/2023 1021092 11/02/2023 1021093 11/02/2023 1021094 11/02/2023 1021095 11/02/2023 1021096 11/02/2023 Grand Total: VENDOR AMOUNT ALLIED DIVERSIFIED OF VERO BEACH LLC 10,350.00 AT&T CORP 5,459.30 OFFICE DEPOT INC 2,005.01 COMCAST 756.00 WASTE MANAGEMENT INC OF FLORIDA 9,227.85 GALLS LLC 1,877.99 UNIFIRST CORPORATION 1,804.43 NEXAIR LLC 13.81 EFE INC 513.89 CARLON INC 1,694.00 33,702.28 18 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10929 10/27/2023 FLORIDA DEPARTMENT OF BUSINESS AND 34,916.18 10930 10/27/2023 IRC FIRE FIGHTERS ASSOC 10,903.08 10931 10/27/2023 TEAMSTERS LOCAL UNION #769 5,260.50 10932 10/27/2023 FLORIDA DEPT OF TRANSPORTATION 23,296.00 10933 10/27/2023 ATLAS ORGANICS INDIAN RIVER LLC 160,972.95 10934 10/27/2023 P&A ADMINISTRATIVE SERVICES INC 1,477.11 10935 10/30/2023 SCHOOL DISTRICT OF I R COUNTY 20,708.76 10936 10/30/2023 FL SDU 2,913.23 10937 10/30/2023 IRS -PAYROLL TAXES 643,926.29 10938 10/30/2023 LINCOLN RETIREMENT 92,538.10 10939 10/30/2023 P&AADMINISTRATIVE SERVICES INC 956.52 10940 10/30/2023 P&AADMINISTRATIVE SERVICES INC 156.19 10941 10/30/2023 P&AADM NISTRATIVE SERVICES INC 1,030.48 10942 10/31/2023 TIMOTHY ROSE CONTRACTING INC 328,267.14 10943 10/31/2023 HEALTH ADVOCATE SOLUTIONS INC 3,705.51 10944 10/31/2023 P&AADMINISTRATIVE SERVICES INC 836.92 10945 10/31/2023 P&A ADMINISTRATIVE SERVICES INC 1,467.28 10946 11/01/2023 ST LUCIE BATTERY & TIRE CO 1,159.27 10947 11/01/2023 CLERK OF CIRCUIT COURT 121,968.91 10948 11/01/2023 INDIAN RIVER COUNTY SHERIFF 5,862,721.82 10949 11/01/2023 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 148,350.39 10950 11/01/2023 TD BANK 11,776.57 10951 11/01/2023 P&AADMINISTRATIVE SERVICES INC 777.58 10952 11/02/2023 KIMLEY HORN & ASSOC INC 3,257.50 10953 11/02/2023 KIMLEY HORN & ASSOC INC 14,540.00 10954 11/02/2023 P&AADMINISTRATIVE SERVICES INC 182.28 10955 11/02/2023 P&A ADMINISTRATIVE SERVICES INC 2,605.57 Grand Total: 7,500,672.13 19 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: November 9, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 3, 2023 to November 9, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's Division, for the time period of November 3, 2023 to November 9, 2023. 20 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 443182 11/09/2023 JOSEPH EARMAN 26.70 443183 11/09/2023 JOSEPH E FLESCHER 26.70 443184 11/09/2023 BRIAN FREEMAN 99.62 443185 11/09/2023 SUSAN ADAMS 32.13 443186 11/09/2023 RACE TO SAFETY TRAINING LLC 185.00 443187 11/09/2023 LAURAMATTHES 137.59 443188 11/09/2023 ABOUT PHASE ACADEMY LLC 750.00 443189 11/09/2023 STEVEN HITT 90.78 443190 11/09/2023 LEON LIBERUS 127.98 443191 11/09/2023 AMERICAN ANIMAL CRUELTY INVESTIGATIONS SCHC 550.00 443192 11/09/2023 SIDNEY DRAWDY GLASS 88.56 443193 11/09/2023 COMMUNICATIONS INTERNATIONAL 31,879.52 443194 11/09/2023 MEEKS PLUMBING INC 5,700.00 443195 11/09/2023 INTERNATIONAL GOLF MAINTENANCE INC 118,688.17 443196 11/09/2023 WASTE MANAGEMENT INC 440,022.57 443197 11/09/2023 ARCADIS U S INC 10,521.25 443198 11/09/2023 GLOVER OIL COMPANY INC 2,857.34 443199 11/09/2023 REHMANN GROUP LLC 40,000.00 443200 11/09/2023 CATHEDRAL CORPORATION 17,700.00 443201 11/09/2023 BOWMAN CONSULTING GROUP LTD 4,032.74 443202 11/09/2023 TETRA TECH INC 7,093.34 443203 11/09/2023 COMMANDLINK LLC 3,515.87 443204 11/09/2023 WEX HEALTH INC 6,001.35 443205 11/09/2023 KATE PRIEST LCSW LLC 5,000.00 443206 11/09/2023 BULK EXPRESS TRANSPORT INC 1,679.71 443207 11/09/2023 BECKER & POLIAKOFF PA 5,000.00 443208 11/09/2023 QUICK PAINTING GROUP 4,650.00 443209 11/09/2023 MEEKS PLUMBING INC 470.00 443210 11/09/2023 BOUND TREE MEDICAL LLC 750.00 443211 11/09/2023 CALIFORNIA STATE DISBURSEMENT UNIT 305.19 443212 11/09/2023 HOME DEPOT USA INC 9.07 443213 11/09/2023 AT&T CORP 1,318.74 443214 11/09/2023 PUBLIX SUPERMARKETS 27.25 443215 11/09/2023 FLORIDA POWER AND LIGHT 495.31 443216 11/09/2023 FLORIDA POWER AND LIGHT 4,346.63 443217 11/09/2023 FLORIDA POWER AND LIGHT 5,688.62 443218 11/09/2023 GIFFORD YOUTH ACHIEVEMENT CENTER INC 11,586.56 443219 11/09/2023 STATEATTORNEY 12,859.90 443220 11/09/2023 FLORIDA UC FUND 194.30 443221 11/09/2023 CELICO PARTNERSHIP 6,248.07 443222 11/09/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 411.65 443223 11/09/2023 LOST TREE PRESERVE LLLP 48,506.88 443224 11/09/2023 INDIAN RIVER CHARTER HIGH SCHOOL 1,194.00 443225 11/09/2023 NAPIER & ROLLIN PLLC 300.00 443226 11/09/2023 KREMEDY LLC 3,500.00 443227 11/09/2023 KONICA MINOLTA BUSINESS SOLUTIONS 386.76 443228 11/09/2023 AMAZON CAPITAL SERVICES INC 169.93 443229 11/09/2023 GRBK GHO HOMES LLC 48,506.87 443230 11/09/2023 ITW FOOD EQUIPMENT GROUP LLC 1,159.69 443231 11/09/2023 MISS B'S LEARNING BEES 8,933.93 443232 11/09/2023 WITT O'BRIEN'S LLC 155.00 443233 11/09/2023 LOWES COMPANIES INC 33.70 443234 11/09/2023 SREIT LEXINGTON CLUB LLC 1,000.00 443235 11/09/2023 CW ROBERTS CONTRACTING INC 379,868.62 443236 11/09/2023 UP ON TOP VOLLEYBALL ACADEMY INC 266.25 443237 11/09/2023 JUNIPER LANDSCAPING OF FLORIDA LLC 9,669.60 443238 11/09/2023 LATITUDE 88 INC 500.00 443239 11/09/2023 P&A ADMINISTRATIVE SERVICES INC 588.00 21 TRANS NBR DATE VENDOR AMOUNT 443240 11/09/2023 XEROX CORPORATION 1,029.74 443241 11/09/2023 TREASURE COAST GIRLS COALITION INC 8,428.45 443242 11/09/2023 LF STAFFING SERVICES INC 1,663.42 443243 11/09/2023 FOUNDATIONS WELLNESS CENTER LLC 5,700.00 443244 11/09/2023 TRANSGATE RECOVERY SOLUTIONS LLC 700.00 443245 11/09/2023 PAC LAND DEVELOPMENT CORPORATION 68.23 443246 11/09/2023 UTIL REFUNDS 72.20 443247 11/09/2023 UTIL REFUNDS 95.08 443248 11/09/2023 UTIL REFUNDS 28.85 443249 11/09/2023 UTIL REFUNDS 32.96 443250 11/09/2023 UTIL REFUNDS 25.62 443251 11/09/2023 UTIL REFUNDS 120.54 443252 11/09/2023 UTIL REFUNDS 169.68 443253 11/09/2023 UTIL REFUNDS 84.85 443254 11/09/2023 UTIL REFUNDS 38.44 443255 11/09/2023 UTIL REFUNDS 308.16 443256 11/09/2023 UTIL REFUNDS 103.47 443257 11/09/2023 UTIL REFUNDS 15.47 443258 11/09/2023 UTIL REFUNDS 38.05 443259 11/09/2023 UTIL REFUNDS 495.87 443260 11/09/2023 UTIL REFUNDS 204.15 443261 11/09/2023 UTIL REFUNDS 23.32 443262 11/09/2023 UTIL REFUNDS 51.79 443263 11/09/2023 UTIL REFUNDS 87.29 443264 11/09/2023 UTIL REFUNDS 85.25 443265 11/09/2023 UTIL REFUNDS 8.24 443266 11/09/2023 UTIL REFUNDS 44.15 443267 11/09/2023 UTIL REFUNDS 110.47 443268 11/09/2023 UTIL REFUNDS 38.69 443269 11/09/2023 UTIL REFUNDS 42.71 443270 11/09/2023 UTIL REFUNDS 325.66 443271 11/09/2023 UTIL REFUNDS 30.69 443272 11/09/2023 UTIL REFUNDS 299.38 443273 11/09/2023 UTIL REFUNDS 34.22 443274 11/09/2023 UTIL REFUNDS 210.36 443275 11/09/2023 UTIL REFUNDS 64.18 443276 11/09/2023 UTIL REFUNDS 115.37 443277 11/09/2023 UTIL REFUNDS 13.44 443278 11/09/2023 UTIL REFUNDS 60.14 443279 11/09/2023 UTIL REFUNDS 30.37 443280 11/09/2023 UTIL REFUNDS 68.54 443281 11/09/2023 UTIL REFUNDS 51.98 443282 11/09/2023 UTIL REFUNDS 74.46 443283 11/09/2023 UTIL REFUNDS 376.64 443284 11/09/2023 UTIL REFUNDS 27.80 443285 11/09/2023 UTIL REFUNDS 104.30 443286 11/09/2023 UTIL REFUNDS 41.35 443287 11/09/2023 UTIL REFUNDS 87.52 443288 11/09/2023 UTIL REFUNDS 82.40 443289 11/09/2023 UTIL REFUNDS 46.23 443290 11/09/2023 UTIL REFUNDS 34.57 443291 11/09/2023 PORT CONSOLIDATED INC 3,093.26 443292 11/09/2023 COMMUNICATIONS INTERNATIONAL 3,426.87 443293 11/09/2023 SSES INC 1,008.59 443294 11/09/2023 TEN-8 FIRE EQUIPMENT INC 717.86 443295 11/09/2023 VERO CHEMICAL DISTRIBUTORS INC 398.65 443296 11/09/2023 RICOH USA INC 206.00 443297 11/09/2023 CHISHOLM CORP OF VERO 706.00 443298 11/09/2023 SAFETY PRODUCTS INC 1,088.38 443299 11/09/2023 LINDEN-BEALS CORP 681.56 22 2 TRANS NBR DATE VENDOR AMOUNT 443300 11/09/2023 INDIAN RIVER BATTERY 2,777.70 443301 11/09/2023 GRAINGER 1,678.82 443302 11/09/2023 HACH CO 306.00 443303 11/09/2023 MEEKS PLUMBING INC 28,682.00 443304 11/09/2023 BOUND TREE MEDICAL LLC 993.50 443305 11/09/2023 TIRESOLES OF BROWARD INC 3,410.04 443306 11/09/2023 ABCO GARAGE DOOR CO INC 2,662.00 443307 11/09/2023 CARTER ASSOCIATES INC 297.00 443308 11/09/2023 DELL MARKETING LP 27,366.89 443309 11/09/2023 MIDWEST TAPE LLC 6,111.05 443310 11/09/2023 NORTHERN SAFETY CO INC 1,169.82 443311 11/09/2023 ODYSSEY MANUFACTURING CO 38,452.40 443312 11/09/2023 CENGAGE LEARNING INC 134.96 443313 11/09/2023 COMMUNITY ASPHALT CORP 544.00 443314 11/09/2023 HOME DEPOT USA INC 1,849.26 443315 11/09/2023 INDIAN RIVER COUNTY SHERIFF 160.00 443316 11/09/2023 UNITED STATES POSTAL SERVICE 310.00 443317 11/09/2023 LIVINGSTON PAGE 275.00 443318 11/09/2023 JANITORIAL DEPOT OF AMERICA INC 607.85 443319 11/09/2023 PUBLIX SUPERMARKETS 264.79 443320 11/09/2023 FLORIDA DEPT OF AGRICULTURE AND 100.00 443321 11/09/2023 ACUSHNET COMPANY 12,809.22 443322 11/09/2023 FEDERAL EXPRESS CORP 29.64 443323 11/09/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 32.53 443324 11/09/2023 SOUTHEAST DESALTING ASSOCIATION 80.00 443325 11/09/2023 CALLAWAY GOLF SALES COMPANY 12,517.15 443326 11/09/2023 FLORIDA POWER AND LIGHT 52,883.20 443327 11/09/2023 TAYLOR MADE GOLF CO INC 968.09 443328 11/09/2023 CITY OF FELLSMERE 284.56 443329 11/09/2023 GLOBAL GOLF SALES INC 173.61 443330 11/09/2023 COMPLETE ELECTRIC INC 105.00 443331 11/09/2023 GOLF VENTURES INC 10,295.75 443332 11/09/2023 TREASURE COAST SPORTS COMMISSION INC 6,500.10 443333 11/09/2023 NATIONAL ASSOC OF CONSERVATION 775.00 443334 11/09/2023 TRANSPORTATION CONTROL SYSTEMS 24,052.00 443335 11/09/2023 HENRY SMITH 350.00 443336 11/09/2023 INDIAN RIVER COUNTY HISTORICAL 9,445.00 443337 11/09/2023 JOHN BROWN & SONS INC 5,000.00 443338 11/09/2023 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 224.00 443339 11/09/2023 RANGELINE TAPPING SERVICES INC 2,000.00 443340 11/09/2023 IRONSIDE PRESS LLC 317.48 443341 11/09/2023 INTERNATIONAL ASSOC OF EMERGENCY MANAGERS 199.00 443342 11/09/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 330.00 443343 11/09/2023 RECHTIEN INTERNATIONAL TRUCKS 222.75 443344 11/09/2023 HULETT ENVIRONMENTAL SERVICES 96.50 443345 11/09/2023 CINTAS CORPORATION NO 2 109.61 443346 11/09/2023 CINTAS CORPORATION NO 2 221.40 443347 11/09/2023 FASTENAL COMPANY 47.24 443348 11/09/2023 THE SHERWIN WILLIAMS CO 142.63 443349 11/09/2023 SOUTHERN JANITOR SUPPLY INC 1,011.94 443350 11/09/2023 ASSOCIATON OF FLORIDA CONSERVATION DISTRICTS 350.00 443351 11/09/2023 LARRY STEPHENS 100.00 443352 11/09/2023 ORCHID ISLAND PROPERTY MGMT H INC 16,064.00 443353 11/09/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 91.46 443354 11/09/2023 JOHNNY B SMITH 325.00 443355 11/09/2023 PETER J CASSARA 7,150.00 443356 11/09/2023 RENEE W FREEMAN 625.00 443357 11/09/2023 SOUTHEAST SECURE SHREDDING 112.80 443358 11/09/2023 FLEETBOSS GLOBAL POSITIONING SOLUTIONS INC 9,703.80 443359 11/09/2023 NICOLACE MARKETING INC 2,448.80 23 TRANS NBR DATE VENDOR AMOUNT 443360 11/09/2023 CCG SYSTEMS INC 9,688.28 443361 11/09/2023 OVERDRIVE INC 1,974.39 443362 11/09/2023 AUTOMATIONDIRECT.COM INC 719.00 443363 11/09/2023 CARDINAL HEALTH 110 INC 3,148.39 443364 11/09/2023 BURNETT LIME CO INC 8,734.30 443365 11/09/2023 PENGUIN RANDOM HOUSE LLC 428.25 443366 11/09/2023 STS MAINTAIN SERVICES INC 14,161.83 443367 11/09/2023 MASCHMEYER CONCRETE COMPANY OF FLORIDA 1,200.08 443368 11/09/2023 COBRA GOLF INCORPORATED 1,418.13 443369 11/09/2023 HAWKINS INC 1,155.00 443370 11/09/2023 CATHEDRAL CORPORATION 610.30 443371 11/09/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 196.06 443372 11/09/2023 BARSALOU VENTURES LLC 644.34 443373 11/09/2023 FLORIDA EAST COAST HOLDINGS CORP 1,967.00 443374 11/09/2023 TRIHEDRAL INC 15,366.75 443375 11/09/2023 CDW LLC 133.55 443376 11/09/2023 COLE AUTO SUPPLY INC 887.95 443377 11/09/2023 BETH NOLAN 300.00 443378 11/09/2023 FLORIDA BULB & BALLAST INC 782.00 443379 11/09/2023 WOERNER AGRIBUSINESS LLC 760.00 443380 11/09/2023 TAYLOR ANNE HATTON 40.00 443381 11/09/2023 VISTA OUTDOOR SALES LLC 130.20 443382 11/09/2023 HINTERLAND GROUP INC 110,489.35 443383 11/09/2023 AMAZON CAPITAL SERVICES INC 8,403.69 443384 11/09/2023 PACE ANALYTICAL SERVICES LLC 9,105.01 443385 11/09/2023 JORDAN POWER EQUIPMENT CORP 371.85 443386 11/09/2023 LIBERTY TIRE RECYCLING LLC 6,143.80 443387 11/09/2023 PC SOLUTIONS & INTEGRATION INC 600.43 443388 11/09/2023 DERECK R PRINCE 135.00 443389 11/09/2023 JUDITH A BURLEY 448.00 443390 11/09/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 84.63 443391 11/09/2023 BLUE GOOSE CONSTRUCTION LLC 5,402.88 443392 11/09/2023 STAPLES INC 82.06 443393 11/09/2023 LOWES COMPANIES INC 4,237.01 443394 11/09/2023 SMI TRADING LLC 487.87 443395 11/09/2023 TOTAL GOLF CART LLC 391.57 443396 11/09/2023 ROBERT A HUDSON 250.00 443397 11/09/2023 THEODORE SEMI 520.00 443398 11/09/2023 QUADMED INC 1,903.24 443399 11/09/2023 ZOLL MEDICAL CORPORATION 8,460.00 443400 11/09/2023 SCALESGEAR.COM LLC 1,084.74 443401 11/09/2023 LAWRENCE F WALLIN 75.00 443402 11/09/2023 HIREQUEST LLC 3,724.60 443403 11/09/2023 PETERBILT STORE SOUTH FLORIDA LLC 256.49 443404 11/09/2023 TAKING GROUND LAWN & LANDSCAPE INC 4,575.00 443405 11/09/2023 CER SIGNATURE CLEANING LLC 2,900.00 443406 11/09/2023 MARUBENI AMERICA CORPORATION 3,789.29 443407 11/09/2023 SCOTT B MCKINLEY 50.00 443408 11/09/2023 GOMEZ BROTHERS CONTRACT SERVICES 3,634.00 443409 11/09/2023 SHRIEVE CHEMICAL CO LLC 7,903.38 443410 11/09/2023 BTAC HOLDING CORP 5,629.64 443411 11/09/2023 CONSOLIDATED WATER GROUP LLC 32.91 443412 11/09/2023 CRYSTAL MCANELLY DIVERS 55.00 443413 11/09/2023 RONALD MARASCO SR 340.00 443414 11/09/2023 BRIGHTVIEW LANDSCAPE SERVICES INC 3,200.00 443415 11/09/2023 JEFFERY HOGUES 6,450.00 443416 11/09/2023 KERNER LLC 8,250.00 443417 11/09/2023 TAYLOR NELSON AUXIER 75.00 443418 11/09/2023 JACOURT LLC 3,362.35 443419 11/09/2023 XEROX CORPORATION 2,223.32 24 4 TRANS NBR DATE VENDOR AMOUNT 443420 11/09/2023 ISO CLAIMS SERVICES INC 893.80 443421 11/09/2023 DONNA W ROBERTS 120.00 443422 11/09/2023 JORDAN PARKER 225.00 443423 11/09/2023 ARTHUR J MALTY 200.00 443424 11/09/2023 JOHN DIGIACOMO 275.00 443425 11/09/2023 BATES AIR & HEAT LLC 310.50 443426 11/09/2023 LF STAFFING SERVICES INC 4,153.35 443427 11/09/2023 LF STAFFING SERVICES INC 2,734.24 443428 11/09/2023 SHADE SYSTEMS INC 46,901.75 443429 11/09/2023 KATHERINE L NALL 42.00 443430 11/09/2023 C&S CHEMICALS INC 4,269.73 443431 11/09/2023 KEIYON MILLS 225.00 443432 11/09/2023 TORY RHON DONNETTE 75.00 443433 11/09/2023 TYRELL MORGAN 75.00 443434 11/09/2023 MARY L TOMARO 150.00 443435 11/09/2023 HASTYAWARDS 482.79 443436 11/09/2023 VECELLIO GROUP INC 1,079.57 443437 11/09/2023 STATE OF FLORIDA DEPARTMENT OF COMMERCE 175.00 443438 11/09/2023 HME INCORPORATED 691,000.00 443439 11/09/2023 FOR THE CULTURE ENT LLC 450.00 443440 11/09/2023 ALLEN D DURHAM 55,875.00 443441 11/09/2023 CYNTHIA WOLD 225.00 Grand Total: 2,675,187.33 25 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 903027 11/09/2023 903028 11/09/2023 903029 11/09/2023 903030 11/09/2023 903031 11/09/2023 903032 11/09/2023 903033 11/09/2023 Grand Total: VENDOR FORT PIERCE HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY PELICAN ISLES LP INDIAN RIVER RDA LP VERO BEACH LEASED HOUSING ASSOC III LLLP XEROX CORPORATION AMELIA VILLAGE LP AMOUNT 868.34 817.00 551.00 382.00 1,472.00 218.19 633.00 4,941.53 26 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1021097 11/03/2023 AT&T CORP 5.29 1021098 11/03/2023 AT&T CORP 5.29 1021099 11/03/2023 AT&T CORP 1,648.83 1021100 11/03/2023 OFFICE DEPOT INC 2,852.43 1021101 11/03/2023 COMCAST 581.05 1021102 11/03/2023 WASTE MANAGEMENT INC OF FLORIDA 715.64 1021103 11/09/2023 INDIAN RIVER OXYGEN INC 3,543.00 1021104 11/09/2023 DEMCOINC 874.28 1021105 11/09/2023 GALLS LLC 2,043.28 1021106 11/09/2023 GROVE WELDERS INC 46.11 1021107 11/09/2023 COMMERCIAL ENERGY SPECIALISTS 15,698.57 1021108 11/09/2023 PRIDE ENTERPRISES 445.22 1021109 11/09/2023 SPINNAKER VERO INC 645.50 1021110 11/09/2023 RADWELL INTERNATIONAL INC 324.73 1021111 11/09/2023 UNIFIRST CORPORATION 1,655.81 1021112 11/09/2023 ALLIED DIVERSIFIED OF VERO BEACH LLC 1,515.00 1021113 11/09/2023 NEXAIR LLC 65.20 1021114 11/09/2023 EFE INC 2,317.42 1021115 11/09/2023 CARLON INC 390.00 1021116 11/09/2023 FIRST HOSPITAL LABORATORIES INC 35.00 1021117 11/09/2023 HD SUPPLY INC 1,007.80 Grand Total: 36,415.45 27 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10956 11/03/2023 EDH HOLDINGS LLC 3,788.90 10957 11/03/2023 AMERITAS 15,484.44 10958 11/03/2023 P&A ADMINISTRATIVE SERVICES INC 576.47 10959 11/06/2023 P&AADMINISTRATIVE SERVICES INC 627.84 10960 11/06/2023 P&A ADMINISTRATIVE SERVICES INC 1,854.42 10961 11/06/2023 BENEFLEX INC 880.00 10962 11/07/2023 FL RETIREMENT SYSTEM 1,184,243.53 10963 11/07/2023 P&A ADMINISTRATIVE SERVICES INC 341.71 10964 11/07/2023 P&A ADMINISTRATIVE SERVICES INC 358.76 10965 11/08/2023 AMERICAN FAMILY LIFE ASSURANCE CO 12,382.39 10966 11/08/2023 TIMOTHY ROSE CONTRACTING INC 84,887.52 10967 11/08/2023 PUBLIC DEFENDER 24,302.15 10968 11/08/2023 VEROTOWN LLC 8,987.00 10969 11/08/2023 P&AADMINISTRATIVE SERVICES INC 2,258.51 10970 11/08/2023 P&A ADMINISTRATIVE SERVICES INC 25.00 10971 11/08/2023 P&AADMINISTRATIVE SERVICES INC 431.50 10972 11/08/2023 OPTUMHEALTH FINANCIAL SERVICES 99,098.20 10973 11/08/2023 P&AADMINISTRATIVE SERVICES INC 3,479.75 10974 11/09/2023 KIMLEY HORN & ASSOC INC 3,877.50 10975 11/09/2023 IRC FIRE FIGHTERS ASSOC 10,860.82 10976 11/09/2023 FL SDU 2,728.61 10977 11/09/2023 HALLEY ENGINEERING CONTRACTORS INC 754,103.85 10978 11/09/2023 EDH HOLDINGS LLC 100.39 10979 11/09/2023 P&A ADMINISTRATIVE SERVICES INC 1,637.27 10980 11/09/2023 P&A ADMINISTRATIVE SERVICES INC 2,586.68 10981 11/09/2023 LINCOLN RETIREMENT 92,058.08 10982 11/09/2023 FIRST AMERICAN TITLE INSURANCE CO 64,423.00 10983 11/09/2023 IRS -PAYROLL TAXES 609,389.44 Grand Total: 2,985,773.73 28 Consent /I 12.5.2023 G 8 • RIV ER C Office of the z INDIAN RIVER COUNTY ADMINISTRATOR ORIp� John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Kathy Copeland, Legislative Affairs and Communications Manager DATE: November 16, 2023 SUBJECT: Lobbyist for 2024 Legislative Session Background & Discussion Since February 17, 2015, Anfield Consulting, Inc., has assisted Indian River County with various legislative issues and obtaining funding for water projects. The current term of Indian River County's contract with Anfield Consulting, Inc., will expire on December 31, 2023. County Administration staff recommends continuing to utilize Anfield Consulting, Inc., through December 2024. Funding Funding for lobbying services has been included in the General Fund/BCC Office/Other Professional Services Account Number 00110111-033190 for $120,000.00. Staff Recommendation County Administration staff recommends that the Board enter into an agreement with Anfield Consulting, Inc., for lobbying services for the term of January 1, 2024, to December 31, 2024, and authorize the County Administrator to execute the referenced agreement. Attachments Agreement for Professional Services 29 Anf*leld [CONSULTING] AGREEMENT FOR PROFESSIONAL SERVICES This contract for professional services (hereinafter referred to as "Agreement") is by and between Anfield Consulting, Inc. a privately -owned corporation registered in the State of Florida (hereinafter referred to as "ANFIELD"), and Indian River County of the State of Florida (hereinafter referred to as "CLIENT"). ANFIELD and CLIENT shall collectively be referred to as the "Parties." U Services: ANFIELD shall assist CLIENT with lobbying all relevant issues before the State Legislature and the Executive Branch including all relative agencies. Specific services shall include, tracking of legislation impacting the County, drafting legislation as needed, securing sponsors for bills and amendments and passage of same. Promoting and secure appropriations for projects as requested. In addition, ANFIELD shall serve as a representative and spokesperson in meetings with state, regional and local governmental entities, members of the Florida Legislature, executive and legislative branch staff, and other stakeholders in Florida. All representations made by ANFIELD on CLIENT'S behalf shall be subject to prior approval by CLIENT'S authorized representative John Titkanich, County Administrator, or his designee. Q Term and Compensation: The term of this Agreement will commence on January 1, 2024 and end December 31, 2024. CLIENT will pay ANFIELD the sum total of one hundred twenty thousand dollars ($120,000.00) to perform the services specified in Section (1) (the total sum may also be referred to as the "fee"). Fee payment shall be made as follows: twelve (12) payments of ten thousand dollars ($10,000.00). Each shall be payable monthly beginning with the following month, and upon receipt of an invoice from ANFIELD. All payments will be made by check or money order consistent with Section (0) of this Agreement. After consultation and with prior approval from CLIENT, ANFIELD may retain the services of third parties as necessary to successfully complete all assignments from CLIENT. Unless otherwise agreed to by CLIENT any additional representation shall be included under the terms of this agreement. The retainer and monthly fee payable to ANFIELD covers all incidental costs or fees related to services provided by subcontractors identified by ANFIELD and authorized by CLIENT for retention such as regular U.S. mail, copies, and telephone. However, ANFIELD shall be entitled to reimbursement in addition to the retainer and monthly fee for those additional expenses including but not limited to business travel, lodging, state or local lobbying registration or renewal fees, express mail costs, costs of preparing presentation materials needed to represent the client, and similar related costs during the term of the agreement. ANFIELD will discuss such expenditures before incurring them Pagel of 3 30 and to receive prior authorization for said expenses from CLIENT'S authorized representative, John Titkanich, County Administrator. (3,) Issuance of Payments and Notice: CLIENT shall make checks payable to ANFIELD Consulting, Inc. and send payment(s) to: 201 West Park Avenue, Suite 100, Tallahassee, FL 32301. All written notices from CLIENT to ANFIELD shall also be sent to this address. Renewal and Termination: This Agreement may be modified or extended only by a written document signed by both Parties. Conversely, either Party may terminate this Agreement prior to the date (if applicable) established in section (2) of this Agreement by providing written notice to the other Party thirty (30) days prior to the desired date of termination. CLIENT shall pay ANFIELD for any and all services and CLIENT approved expenses during the term of this Agreement up to and until the established date of termination. In the event of early termination, the final amount to be paid shall be established on a pro -rata basis based on number of business days in a calendar year. If retainer and monthly fee exceed the pro -rata amount due, ANFIELD shall remit the difference within 30 days of termination in a check or money order payable to: Indian River County. Governing Law: This Agreement is executed in the State of Florida and shall be construed, interpreted, and governed by the laws of such state, and by all applicable laws of the United States of America. L6,) Confidentiality: ANFIELD acknowledges and understands that this Agreement and the services rendered to the CLIENT are confidential between the two Parties and that a violation or breach of confidentiality is cause for termination and other relief pursuant to section (5) of this Agreement. (7,) E -VERIFY: ANFIELD is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify_. _og_v) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. ANFIELD is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants (as utilized for this project). 0 Agreement Execution: The Parties, after reviewing, reading, and understanding the contents of this document, do hereby execute this Agreement by their respective signatures. This Agreement is effective as of the date of the last signature below. For Anfield Consulting Albert Balido, Managing Member Page 2 of 3 Date Executed 31 For Indian River County: John A. Titkanich, Jr., County Administrator Date Executed APPROVED AS TO FORM AND LEGAL SUFFICIENCY RAW William K. Debraal, County Attorney Page 3 of 3 32 Consent Agenda SiD. December 5, 2023 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 27, 2023 SUBJECT: FY 2022-2023 Records Management Compliance Statements FROM: Kimberly K. Moirano, Records Management Liaison Officer Description Florida Public Agencies are required to maintain specific information documenting the disposition of public records. According to Rule 1 B-24.003(11), Florida Administrative Code, each agency is required to submit an annual statement to the Division of Library and Information Services, Florida Department of State, which includes a signed Records Management Compliance Statement attesting to the agency's compliance with Florida public records disposition laws, rules and procedures. Attached are the annual Records Management Compliance Statements for Fiscal Year 2022-2023 for the Indian River County Board of County Commissioners, Solid Waste Disposal District Indian River County and Indian River County Emergency Services District. Attachments: Letters dated November 1, 2023 from the Florida Department of State and Record Disposition Compliance Statements for the Indian River County Board of County Commissioners Office, Solid Waste Disposal District Indian River County and Indian River County Emergency Services District. 33 RECORDS MANAGEMENT COMPLIANCE STATEMENT Fiscal Year 2022 - 2023 Agency 10, C0620500 'Section 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency shall mean any state, county, district. or municipal officer, department. division, bureau, board, commission, or other separate unit of govemment created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and efficient management of records ' 2Rule 1 B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S., Photographic or electronic copies. .. Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following t Records retention schedule number: 2. Item number, 3 Record series title, 4. inclusive dates of the records, 5. Volume in cubic feet for paper records, for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form: and 6. Disposition action (manner of disposition) and date." Please complete and return this compliance statement by December 31, 2023 (submit one copy only, please) to: Department of State Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 34 1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1 B-24.003(9), Florida Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic, c including email; microfilm; audio; video; etc.). O ® Yes ❑ No (Unmarked responses will be recorded as not in compliance.) v 2. This agency disposed of 1,610-f,6 cubic feet of records during the fiscal year indicated above. 3. This agency disposed of records in electronic form during the fiscal year indicated above. ey U ® Yes ❑ No (It is not necessary to indicate volume of electronic records disposed.) v 4. ❑ Check here if you would like to be contacted for assistance. Indicate your questions/areas of concern on t!1 the reverse side of this form. Q Agency Head Signature: Date: E UName of Agency Head (please print): ,;Iic a n ArInirrig Title of Agency Head (please print): Chairman OPlease indicate changes to Agency Information on the lines provided on the right. Current Information: E Please do not erase or cover information below. Indicate changes or additions on the lines below. = L O ,� Agency Name. Indian River County Board of County Commissioners v = Agency Head. Mr. Joseph H. Earman Susan Adams, Chairman Cl)V C Address: 1801 27th Street d Building A Q Vero Beach, Florida 32960-3365 Section 257.36(5)(a), Florida Statutes,' requires public agencies to designate a Records Management Liaison Officer (RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank, O please designate an RMLO for your agency on the lines provided on the right. 0 Current Information: Please do not erase or cover information below. Indicate changes or additions on the lines below. O O 4- RMLO: Ms. Kimberly Moirano 1p V = Address: 1801 - 27th Street to O Building A J Vero Beach, FL 32960-3365 Phone: (772) 226-1442 Ext.: Email: kmoirano@iircgov.com 'Section 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency shall mean any state, county, district. or municipal officer, department. division, bureau, board, commission, or other separate unit of govemment created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and efficient management of records ' 2Rule 1 B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S., Photographic or electronic copies. .. Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following t Records retention schedule number: 2. Item number, 3 Record series title, 4. inclusive dates of the records, 5. Volume in cubic feet for paper records, for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form: and 6. Disposition action (manner of disposition) and date." Please complete and return this compliance statement by December 31, 2023 (submit one copy only, please) to: Department of State Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 34 RECORDS MANAGEMENT COMPLIANCE STATEMENT Fiscal Year 2022 - 2023 Agency ID: N0000164 'Section 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and efficient management of records-" =Rule 1B-24.1103(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, perSection 92.29, F.S , Photographic or electronic copies.. Prior to records disposition, agencies must ensure that all retention requirements have been satisfied For each record series being disposed of, agencies shall identify and document the following: 1. Records retention schedule number, 2. Item number, 3. Record series title, 4. Inclusive dates of the records, 5. Volume in cubic feet for paper records, for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form, and 6. Disposition action (manner of disposition) and date.' Please complete and return this compliance statement by December 31, 2023 (submit one copy only, please) to: Department of State Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 kk 1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1 B-24.003(9), Florida Administrative Code,z for all public records regardless of medium or format (e.g., paper; electronic, C including email; microfilm; audio; video; etc.). O El Yes ❑ No (Unmarked responses will be recorded as not in compliance.) 2. This agency disposed of 0 cubic feet of records during the fiscal year indicated above. 3. This agency disposed of records in electronic form during the fiscal year indicated above. d ,2 U ® Yes ❑ No (it is not necessary to indicate volume of electronic records disposed.) 4 v 4. ❑ Check here if you would like to be contacted for assistance. Indicate your questions/areas of concern on V) = the reverse side of this form. to CL Agency Head Signature: Date: OName of Agency Head (please print): Susan Adams U Title of Agency Head (please print): Chairman C Please indicate changes to Agency Information on the lines provided on the right. O Current Information: E Please do not erase or cover information below. Indicate changes or additions on the lines below. = L O w Agency Name: Indian River County Emergency Services District v = Agency Head. Mr Joseph H. Earman Susan Adams . Chairman 41 �, V Address: 1801 27th Street C 41 Building A CM Q Vero Beach, Florida 32960-3388 Section 257.36(5)(a), Florida Statutes,' requires public agencies to designate a Records Management Liaison Officer (RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank, O please designate an RMLO for your agency on the lines provided on the right. 0 Current Information: M Please do not erase or cover information below. Indicate changes or additions on the lines below. RMLO: Ms. Kimberly K. Moirano O O V C Address: 1801 - 27th Street d O Building A 0 Vero Beach, FL 32960-3388 Phone: (772) 226-1442 Ext.: Email: kmoirano@ircgov.com 'Section 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and efficient management of records-" =Rule 1B-24.1103(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, perSection 92.29, F.S , Photographic or electronic copies.. Prior to records disposition, agencies must ensure that all retention requirements have been satisfied For each record series being disposed of, agencies shall identify and document the following: 1. Records retention schedule number, 2. Item number, 3. Record series title, 4. Inclusive dates of the records, 5. Volume in cubic feet for paper records, for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form, and 6. Disposition action (manner of disposition) and date.' Please complete and return this compliance statement by December 31, 2023 (submit one copy only, please) to: Department of State Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 kk RECORDS MANAGEMENT COMPLIANCE STATEMENT Fiscal Year 2022 - 2023 Agency IDN0000527 'Section 257.36(5), Florida Statutes: 'For the purposes of this section, the tens agency' shall mean any -state, county, district, or municipal officer, department, division, bureau, board, commission or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the economical and efficient management of records,' 2Rule 1 B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy. per Section, 92.29, FS , Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following 1. Records retention schedule number, 2. Item number. 3. Record series title, 4. Inclusive dates of the records, 5. Volume in cubic feet for paper records: for electronic records, record the number of bytes and/or records and/or files if known. or indicate that the disposed records were in electronic form. and 6. Disposition action (manner of disposition) and date." Please complete and return this compliance statement by December 31, 2023 (submit one copy only, please) to Department of State Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 K, 1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1B-24.003(9), Florida Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic, C including email; microfilm; audio; video; etc.). O ® Yes ❑ No (Unmarked responses will be recorded as not in compliance.) v 2. This agency disposed of 0 cubic feet of records during the fiscal year indicated above. _t 3. This agency disposed of records in electronic form during the fiscal year indicated above. d U ® Yes ❑ No (It is not necessary to indicate volume of electronic records disposed.) 4. ❑ Check here if you would like to be contacted for assistance. Indicate your questions/areas of concern on to the reverse side of this form. ct3 Agency Head Signature: Date: OName of Agency Head (please print): Susan Adams U Title of Agency Head (please print): Chairman C Please indicate changes to Agency Information on the lines provided on the right. O += Current Information: E Please do not erase or cover information below. Indicate changes or additions on the lines below. CC Agency Name: Solid Waste Disposal District Indian River County v Agency Head: Mr Joseph H. Earman Susan Adams, Chairman O y, V Address: 1801 27th Street C O Building A a7 Q Vero Beach, Florida 32960-3365 Section 257.36(5)(a), Florida Statutes,' requires public agencies to designate a Records Management Liaison Officer (RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank, C please designate an RMLO for your agency on the lines provided on the right. O Current Information: c8 Please do not erase or cover information below. Indicate changes or additions on the lines below. C E .2 2 RMLO: Ms. Kimberly K. Moirano V = Address: 1801 - 27th Street OO Building A 0 Vero Beach, FL 32960-3388 Phone: (772) 226-1442 Ext.: Email: kmoirano@ircgov.com 'Section 257.36(5), Florida Statutes: 'For the purposes of this section, the tens agency' shall mean any -state, county, district, or municipal officer, department, division, bureau, board, commission or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the economical and efficient management of records,' 2Rule 1 B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy. per Section, 92.29, FS , Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following 1. Records retention schedule number, 2. Item number. 3. Record series title, 4. Inclusive dates of the records, 5. Volume in cubic feet for paper records: for electronic records, record the number of bytes and/or records and/or files if known. or indicate that the disposed records were in electronic form. and 6. Disposition action (manner of disposition) and date." Please complete and return this compliance statement by December 31, 2023 (submit one copy only, please) to Department of State Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 K, CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 17, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Budget Director Jennifer Hyde, Purchasing Manager PREPARED BY: Shelby Ball, Purchasing Specialist SUBJECT: Designation of Excess Equipment as Surplus and Authorization for Disposal and Donation BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. Included in these items are 10 pieces of dental equipment no longer being used by the Florida Department of Health — Indian River County Office. These items are still in working condition and can be used as intended with no issues. The Florida Department of Health — Levy County Office has reached out to request these items for use in their dental clinic. Sections 274.05 and 274.06 F.S. authorize the Board to dispose of surplus property without bid to any political subdivision in the state, and indicate the receiving/gaining governmental unit is responsible for any cost to transferring the property. FUNDING: There is no cost to the County associated with these requests. RECOMMENDATION: Staff recommends the Board declare the items on the Excess List for 120523 Agenda as surplus, and authorize their disposal and donation. ATTACHMENT: Excess List for 120523 37 Excess List for 120523 Dept # Asset .Description VIN/Serial Working Disposal Method- 106 23281 Midmark 75L Power Procedure Table V864197 Y SELL 106 23282 Midmark 75L Power Procedure Table V132948 Y SELL 241 27573 Dell Optiplex 7010 HYMIGZ3 N SELL 162 29160 A/C Unit 4915GS09984 N SELL 106 25707 DENTAL EVACUATION/IRRIGATION SYSTEM 1600 Y DONATE 106 26010 ORTHOPHOS XG 3 DIGITAL PAN X-RAY MACHIN 151064 Y DONATE 106 26021 CDR ELITE S2 SENSOR(ADULT)- DENTAL 12008971521450521451 Y DONATE 106 26022 CDR ELITE S2 SENSOR (ADULT) - DENTAL 12009629523090523091 Y DONATE 106 26023 CDR ELITE S2 SENSOR(ADULT)- DENTAL 12005577515492515493 Y DONATE 106 26024 CDR ELITE S2 SENSOR(ADULT)- DENTAL 12009818523770523771 Y DONATE 106 26025 CDR ELITE S2 SENSOR(ADULT)- DENTAL 12009768523524523525 Y DONATE 106 26026 CDR ELITE S2 SENSOR(ADULT)- DENTAL 12009547523116523117 Y DONATE 106 26292 DECADE PLUS 1221 TAUPE DENTAL CHAIR 111F47787 Y DONATE 106 27069 MIDMARK M-11 ULTRACLAVE STERILIZER V1402456 Y DONATE 236 29056 2017 EZ Go Electric Utility Cart EZGLFABDLH3242428 N SELL 236 31476 Yamaha Beverage Cart Y SELL 221 22083 Toro Multi -Pro Sprayer (Parts Only) 240000218 N SELL 38 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Sean A. Lieske, Acting Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director FROM: Chuck Belcher, Facilities Manager SUBJECT: Designation of Trane US, Inc. as Sole Source Provider for Service Contracts for the Control Systems DATE: November 15, 2023 DESCRIPTION AND CONDITIONS Indian River County Facilities has been utilizing Trane U.S. Inc., to replace the existing Johnson Control Systems throughout the County utilizing the U.S. Communities Cooperative contracting system. The County issued Purchase Orders to Trane to replace the antiquated Variable Air Vaults (VAV's) and failed Johnson Control Systems in the Courthouse. Additionally, Trane has replaced failed control systems in Buildings A & B, Sheriffs Administration Building, Property Appraiser, and several other facilities, with Trane control systems. The original control systems were thought to be compatible with Trane systems using an electronic bridge system to covert the control systems to Trane control signals. This has caused issues with the controlling of the VAV's to the point where the systems are not working as needed. Additionally, the Trane Control Systems need annual maintenance that County staff is not able to provide. FUNDING Funding for services by Trane U.S. Inc., for annual maintenance is available in various accounts Facilities Management Maintenance—Air Conditioning Accounts/00122019-034620. Funding forthe replacement of VAV's, Chiller Units, and associated controls is available in funding accounts set aside for replacement projects in the Capital Improvement Element (CIE). RECOMMENDATION Staff recommends the Board of County Commissioners declare Trane U.S. Inc., as the County's sole source provider for annual service contracts forthe control systems. Staff also recommends the Board authorize the Purchasing Manager to sign the annual service agreements, after they have been reviewed and approved by the County Attorney as to form and legal sufficiency. Finally, staff also recommends that the Board of County Commissioners authorize Purchasing to issue purchase orders for the Trane US, Inc. service agreements. 39 Page 2 Designation of Trane US, Inc. as Sole Source Provider for Service Contracts for the Control Systems December 5, 2023 ATTACHMENTS 1. Trane US, Inc. Continuation of BAS Service Agreement 2332630—Year 3 2. Trane US, Inc. Continuation of Service Agreement 2879919 and 2601684 Intelligent Services SA —Year 3 3. Trane US, Inc. Continuation of Service Agreement 1774SO4 Scheduled Mechanical Service Agreement — Year 3 APPROVED AGENDA ITEM FOR DECEMBER 5, 2023 40 Renewal Letter Year 3 — Indian River County — BAS SA Proposal ID: 2332630 November 7, 2023 Customer: Indian River County 1807 27th Street Vero Beach, FL 32960 Site Address: Admin Complex Courthouse EOC Health Department Main Library Road & Bridge Sheriff's Department Sebastian Corners ATTENTION: Chuck Belcher & Michelle Dean SUBJECT: Continuation of BAS Service Agreement # 2332630 — Year 3 Trane U.S. Inc. 6965 Vista Pkwy N Suite 11 West Palm Beach, FL 33411 Phone: (561) 946-9259, Fax: Service Contact: (561) 683-1521 Your Trane Service Agreement is scheduled for renewal on 10/1/2023. To assure that there will be no interruption of service and benefits to Indian River County your Service Agreement will be extended through 9/30/2026. The adjusted Service Fees for the renewal term for all sites is set forth in the following table: Contract Year Annual Amount USD Payment USD Payment Term Year 3 $ 40,580 $ 10,145 Quarterly Year 4 $ 41,796 $ 10,449 Quarterly Year 5 $ 43,048 $ 10,762 Quarterly This contract is in accordance with US Communities Contract # USC 3341 If there is any reason why this Service Agreement should not be extended through this period, please notify Trane in writing 30 days prior to the renewal date indicated above. If so notified, Trane can continue at your discretion to provide services beyond the renewal date at our standard time and material rates. 0 Service Fee Discount. A one-time 3.00 % discount is offered for full payment of 1 year(s) in advance of the commencement of the Service Agreement. Invoice would be issued at start of the Agreement and is due net 15 days from date of invoice. Tax will be calculated based upon the pre -discounted price. This Service Fee discount is for advance payment only under the terms stated in this section and is not applicable to credit card transactions. Please check the box to select this discount option. SCOPE OF SERVICE The Scope of Service for the new agreement period will remain the same as delivered in the current period. TERMS & CONDITIONS Terms & Conditions for the renewal period are attached. CLARIFICATIONS If Indian River County accounting procedures require a purchase order for the renewal term, please provide your purchase order number to Trane no less than 30 days prior to the renewal date. We value your business and look forward to continuing to serve and contribute to your organization's success. Sincerely, Evan Nietzel ©2023 Trane All rights reserved Page 1 of 5 Renewal Agr ent Renewal Letter Year 3 — Indian River County — BAS SA Proposal ID: 2332630 Account Manager Trane COVID-19 NATIONAL EMERGENCY CLAUSE The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemic'). With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane's performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state (US), provincial (Canada) or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and 4. If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price. CUSTOMER Authorized Representative Printed Name Title _..._.__ . Purchase Order Acceptance Date Trane's License Number: CACO23485 ©2023 Trane All rights reserved Page 2 of 5 :. Renewal Agr ent Renewal Letter Year 3 — Indian River County — BAS SA Proposal ID: 2332630 TERMS AND CONDITIONS "Company" shall mean Trane U.S. Inc.. 1. Agreement. These terms and conditions ("Terms") are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the following commercial services as stated in the Proposal (collectively, the "Services"): inspection, maintenance and repair (the "Maintenance Services") on equipment (the "Covered Equipment"), specified Additional Work (if any), and, if included in the Proposal, Intelligent Services, Energy Assessment, Energy Performance Solutions, and any other services using remote connectivity (collectively and individually referred to in these Terms as "Energy and Building Performance Services"). COMPANY'S TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service ("Connected Services Terms"), available at hftps:llwww.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms. 3. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer") delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to these Terms and Conditions. If Customer's order is expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's Terms and Conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counteroffer to perform in accordance with the Proposal and Company Terms and Conditions. If Customer does not reject or object in writing to Company within 10 days, Company's counteroffer will be deemed accepted. Customer's acceptance of performance by Company will in any event constitute an acceptance by Customer of Company's Terms and Conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or Terms and Conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Services provided by Company to the date of cancellation. 4. Fees and Taxes. Fees for the Services (the "Service Fees") are as set forth in the Proposal. Except as otherwise stated in the Proposal, Service Fees are based on performance during regular business hours. Charges for performance outside Company's normal business hours shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fees, Customer shall pay all taxes not legally required to be paid by Company or, altematively, shall provide Company with an acceptable tax exemption certificate. 5. Payment. Payment is due upon receipt of Company's invoice. Service Fees shall be paid no less frequently than quarterly and in advance of performance of the Services. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Without liability to Customer, Company may discontinue performance whenever payment is overdue. Customer shall pay all costs (including attomeys' fees) incurred by Company in attempting to collect amounts due or otherwise enforcing this Agreement. 6. Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right, without an election of remedies, to suspend performance or terminate this Agreement by delivery of written notice declaring termination. Upon termination, Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead): (a) Any failure by Customer to pay amounts when due; (b) any general assignment by Customer for the benefit of its creditors, Customers bankruptcy, insolvency, or receivership; (c) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (d) Any failure by Customer to perform or comply with any material provision of this Agreement. 7. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances when Company performs the Services. Company may refuse to perform where working conditions could endanger property or put people at risk. Unless otherwise agreed by Customer and Company, at Customer's expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. This Agreement presupposes that all major pieces of Covered Equipment are in proper operating condition as of the date hereof. Services furnished are premised on the Covered Equipment being in a maintainable condition. In no event shall Company have any obligation to replace Covered Equipment that is no longer maintainable. During the first 30 days of this Agreement, or upon initial inspection, and/or upon seasonal start-up (if included in the Services), if an inspection by Company of Covered Equipment indicates repairs or replacement is required, Company will provide a written quotation for such repairs or replacement. If Customer does not authorize such repairs or replacement, Company may remove the unacceptable equipment from the Covered Equipment and adjust the Service Fees accordingly. Customer authorizes Company to utilize Customer's telephone line or network infrastructure to connect to controls, systems and/or equipment provided or serviced by Company and to provide Services contracted for or otherwise requested by Customer, including remote diagnostic and repair service. Customer acknowledges that Company is not responsible for any adverse impact to Customer's communications and network infrastructure. Company may elect to install/attach to Customer equipment or provide portable devices (hardware and/or software) for execution of control or diagnostic procedures. Such devices shall remain the personal proprietary property of Company and in no event shall become a fixture of Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices used in connection with the Services on Customer equipment. Company may remove such devices at its discretion. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. S. Customer Obligations. Customer shall: (a) Provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; (b) Follow manufacturer recommendations concerning teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; unless expressly stated in the Scope of Services statement, Company is not performing any manufacturer recommended teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; and (c) Where applicable, unless water treatment is expressly included in the Services, provide professional cooling tower water treatment in accordance with any reasonable recommendations provided by Company. 9. Exclusions. Unless expressly included in the Covered Equipment or the Services, the Services do not include, and Company shall not be responsible for or liable to the Customer for any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from, any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, maintenance, repair, replacement of or services for: chilled water and condenser water pumps and piping; electrical disconnect switches or circuit breakers; motor starting equipment that is not factory mounted and interconnecting power wiring; recording or portable instruments, gauges or thermometers; non-moving parts or non -maintainable parts of the system, including, but not limited to, storage tanks; pressure vessels, shells, coils, tubes, housings, castings, casings, drain pans, panels, duct work; piping: hydraulic, hydronic, pneumatic, gas, or refrigerant; insulation; pipe covering; refractory material; fuses, unit cabinets; electrical wiring; ductwork or conduit; electrical distribution system; hydronic structural supports and similar items; the appearance of decorative casing or cabinets; damage sustained by other equipment or systems; and/or any failure, misadjustment or design deficiencies in other equipment or systems; (c) Damage, repairs or replacement of parts made necessary as a result of electrical power failure, low voltage, burned out main or branch fuses, low water pressure, vandalism, misuse or abuse, wear and tear, end of life failure, water damage, improper operation, unauthorized alteration of equipment, accident, acts or omissions of Customer or others, damage due to freezing weather, calamity, malicious act, or any Event of Force Majeure; (d) Any damage or malfunction resulting from vibration, electrolytic action, freezing, contamination, corrosion, erosion, or caused by scale or sludge on internal tubes except where water treatment protection services are provided by Company as part of this Agreement; (e) Furnishing any items of equipment, material, or labor/labour, or performing special tests recommended or required by insurance companies or federal, state, or local governments; (f) Failure or inadequacy of any structure or foundation supporting or surrounding the equipment to be worked on or any portion thereof; (g) Building access or alterations that might be necessary to repair or replace Customers existing equipment; (h) The normal function of starting and stopping equipment or the opening and closing of valves, dampers or regulators normally installed to protect equipment against damage; (i) Valves that are not factory mounted: balance, stop, control, and other valves external to the device unless specifically included in the Agreement; (j) Any responsibility for design or redesign of the system or the Covered Equipment, obsolescence, safety tests, or removal or reinstallation of valve bodies and dampers; (k) Any services, claims, or damages arising out of Customer's failure to comply with its obligations under this Agreement; (1) Failure of Customer to follow manufacturer recommendations concerning teardown and internal inspection, overhaul and refurbishing of equipment; (m) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement ("Pre -Existing Conditions"), including, without limitation, damages, losses, or expenses involving pre-existing building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi; (n) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included within the Services, in which case replacement shall in no event exceed the stated percentage of rated system charge per year expressly stated in the Services; (o) crane or rigging costs; (p) Any Services, claims, or damages arising out of refrigerant not supplied by Company. Customer shall be responsible for: (i) The cost of any additional replacement refrigerant; (ii) Operation ©2023 Trane All rights reserved Page 3 of 5 Renewal Agr ent Renewal Letter Year 3 — Indian River County — BAS SA Proposal ID: 2332630 of any equipment; and (iii) Any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 10. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement; and (b) the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Companys obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customers failure to follow the Company -provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company ("Third -Party Products(s)") are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD -PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD -PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD -PARTY PRODUUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD -PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. 11. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attomeys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR CONTAMINANTS LIABILITIES, OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 13. CONTAMINANTS LIABILITY. The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH) DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION OR CONTAMINATION THEREOF) (COLLECTIVELY, "CONTAMINANTS LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES. 14. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos polychlorinated biphenyl ("PCB"), or other hazardous materials (collectively, "Hazardous Materials"). Customer warrants and represents that there are no Hazardous Materials on the premises that will in any way affect Company's performance, except as set forth in a writing signed by Company disclosing the existence and location of any Hazardous Materials in all areas within which Company will be performing. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and notify Customer. Customer will be responsible for correcting the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the premises site for the presence of Hazardous Materials. 15. Insurance. Company agrees to maintain the following insurance during the term of this Agreement with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subjectto Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive rights of subrogation. 16. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company is unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days' notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts ofterrorism, war or the public enemy; flood; earthquake; lightning; tomado; storm; fire; civil disobedience; pandemic; insurrections; riots; labor/labour disputes; labor/labour or material shortages from the usual sources ©2023 Trane All rights reserved Page 4 of 5 Renewal Agr ent Renewal Letter Year 3 — Indian River County — BAS SA Proposal ID: 2332630 of supply; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 17. Maintenance Services Other Than Solely Scheduled Service. If Company's Maintenance Services hereunder are not limited solely to Scheduled Service, the following provisions shall also apply: (a) Required restoration shall be performed by Customer at its cost prior to Company being obligated to perform hereunder; (b) any changes, adjustments, service or repairs made to the Equipment by any party other than Company, unless approved by Company in writing, may, at Company's option, terminate Company's obligation to render further service to the Equipment so affected; in such case no refund of any portion of the Service Fees shall be made; and (c) Customer shall (i) promptly notify Company of any unusual performance of Equipment; (ii) permit only Company personnel to repair or adjust Equipment and/or controls during the Term or a Renewal Tenn; and (iii) utilize qualified personnel to properly operate the Equipment in accordance with the applicable operating manuals and recommended procedures. 18. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which Company performs the Services. Any dispute arising under or relating to this Agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by United States Federal judicial bodies and boards of contract appeals of the United States Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other Terms of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, withoutthe written consent of Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties' respective successors and assigns. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 19. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights In the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 20. U.S. Government Services. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212- 5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to Indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219- 8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 21. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver or its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue: (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customers tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.130-7 (0821) Supersedes 1-26.130-7 (0720) ©2023 Trane All rights reserved Page 5 of 5 Renewal Agr ent Renewal Letter Year 3 — Indian River County — Intelligent Services SA Proposal ID: 2879919 & 2601684 November 7, 2023 Customer: Indian River County 1807 2711 Street Vero Beach, FL 32960 ATTENTION: Chuck Belcher & Michelle Dean Site Address: Courthouse Administration Rec Center Trane U.S. Inc. 6965 Vista Pkwy N Suite 11 West Palm Beach, FL 33411 Phone: (561) 946-9259, Fax: Service Contact: (561) 683-1521 SUBJECT: Continuation of Service Agreement # 2879919 & 2601684 Intelligent Services SA — Year 3 Your Trane Service Agreement is scheduled for renewal on 10/1/2023. To assure that there will be no interruption of service and benefits to Indian River County your Service Agreement will be extended through 9/30/2026. The adjusted Service Fees for the renewal term for all sites is set forth in the following table: Contract Year Annual Amount USD Payment USD Payment Term Year 3 $ 19,424 $ 4,856 Quarterly Year 4 $ 20,008 $ 5,002 Quarterly Year 5 $ 20,608 $ 5,152 Quarterly This contract is in accordance with US Communities Contract # USC 3341 If there is any reason why this Service Agreement should not be extended through this period, please notify Trane in writing 30 days prior to the renewal date indicated above. If so notified, Trane can continue at your discretion to provide services beyond the renewal date at our standard time and material rates. 0 Service Fee Discount. A one-time 3.00 % discount is offered for full payment of 1 year(s) in advance of the commencement of the Service Agreement. Invoice would be issued at start of the Agreement and is due net 15 days from date of invoice. Tax will be calculated based upon the pre -discounted price. This Service Fee discount is for advance payment only under the terms stated in this section and is not applicable to credit card transactions. Please check the box to select this discount option. SCOPE OF SERVICE The Scope of Service for the new agreement period will remain the same as delivered in the current period. TERMS & CONDITIONS Terms & Conditions for the renewal period are attached. CLARIFICATIONS If Indian River County accounting procedures require a purchase order for the renewal term, please provide your purchase order number to Trane no less than 30 days prior to the renewal date. We value your business and look forward to continuing to serve and contribute to your organization's success. Sincerely, Evan Nietzel Account Manager Trane ©2023 Trane All rights reserved Page 1 of 5 Renewal Agr ent Renewal Letter Year 3 — Indian River County — Intelligent Services SA Proposal ID: 2879919 & 2601684 COVID-19 NATIONAL EMERGENCY CLAUSE The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemic"). With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane's performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state (US), provincial (Canada) or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and 4. If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price. CUSTOMER ACCEPTANCE Authorized Representative Printed Name Title Purchase Order Acceptance Date Trane's License Number: CACO23485 ©2023 Trane All rights reserved Page 2 of 5 Renewal Agr ent Renewal Letter Year 3 — Indian River County — Intelligent Services SA Proposal ID: 2879919 & 2601684 TERMS AND CONDITIONS "Company" shall mean Trane U.S. Inc.. 1. Agreement. These terms and conditions ("Terms") are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the following commercial services as stated in the Proposal (collectively, the "Services"): inspection, maintenance and repair (the "Maintenance Services") on equipment (the "Covered Equipment"), specified Additional Work (if any), and, if included in the Proposal, Intelligent Services, Energy Assessment, Energy Performance Solutions, and any other services using remote connectivity (collectively and individually referred to in these Terms as "Energy and Building Performance Services"). COMPANY'S TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service ("Connected Services Terms"), available at https://www.trane.com[TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms. 3. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer") delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to these Terms and Conditions. If Customer's order is expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's Terms and Conditions attached or referenced serves as Company's notice of objection to Customers terms and as Company's counteroffer to perform in accordance with the Proposal and Company Terms and Conditions. If Customer does not reject or object in writing to Company within 10 days, Company's counteroffer will be deemed accepted. Customer's acceptance of performance by Company will in any event constitute an acceptance by Customer of Company's Terms and Conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or Terms and Conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Services provided by Company to the date of cancellation. 4. Fees and Taxes. Fees for the Services (the "Service Fees") are as set forth in the Proposal. Except as otherwise stated in the Proposal, Service Fees are based on performance during regular business hours. Charges for performance outside Company's normal business hours shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fees, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with an acceptable tax exemption certificate. 5. Payment. Payment is due upon receipt of Company's invoice. Service Fees shall be paid no less frequently than quarterly and in advance of performance of the Services. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Without liability to Customer, Company may discontinue performance whenever payment is overdue. Customer shall pay all costs (including attomeys' fees) incurred by Company in attempting to collect amounts due or otherwise enforcing this Agreement. 6. Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right, without an election of remedies, to suspend performance or terminate this Agreement by delivery of written notice declaring termination. Upon termination, Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead): (a) Any failure by Customer to pay amounts when due; (b) any general assignment by Customer for the benefit of its creditors, Customer's bankruptcy, insolvency, or receivership; (c) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (d) Any failure by Customer to perform or comply with any material provision of this Agreement. 7. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances when Company performs the Services. Company may refuse to perform where working conditions could endanger property or put people at risk. Unless otherwise agreed by Customer and Company, at Customer's expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. This Agreement presupposes that all major pieces of Covered Equipment are in proper operating condition as of the date hereof. Services furnished are premised on the Covered Equipment being in a maintainable condition. In no event shall Company have any obligation to replace Covered Equipment that is no longer maintainable. During the first 30 days of this Agreement, or upon initial inspection, and/or upon seasonal start-up (if included in the Services), if an inspection by Company of Covered Equipment indicates repairs or replacement is required, Company will provide a written quotation for such repairs or replacement. If Customer does not authorize such repairs or replacement, Company may remove the unacceptable equipment from the Covered Equipment and adjust the Service Fees accordingly. Customer authorizes Company to utilize Customer's telephone line or network infrastructure to connect to controls, systems and/or equipment provided or serviced by Company and to provide Services contracted for or otherwise requested by Customer, including remote diagnostic and repair service. Customer acknowledges that Company is not responsible for any adverse impact to Customer's communications and network infrastructure. Company may elect to install/attach to Customer equipment or provide portable devices (hardware and/or software) for execution of control or diagnostic procedures. Such devices shall remain the personal proprietary property of Company and in no event shall become a fixture of Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices used in connection with the Services on Customer equipment. Company may remove such devices at its discretion. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. 8. Customer Obligations. Customer shall: (a) Provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; (b) Follow manufacturer recommendations concerning teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; unless expressly stated in the Scope of Services statement, Company is not performing any manufacturer recommended teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; and (c) Where applicable, unless water treatment is expressly included in the Services, provide professional cooling tower water treatment in accordance with any reasonable recommendations provided by Company. 9. Exclusions. Unless expressly included in the Covered Equipment or the Services, the Services do not include, and Company shall not be responsible for or liable to the Customer for any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from, any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, maintenance, repair, replacement of or services for: chilled water and condenser water pumps and piping; electrical disconnect switches or circuit breakers; motor starting equipment that is not factory mounted and interconnecting power wiring; recording or portable instruments, gauges or thermometers; non-moving parts or non -maintainable parts of the system, including, but not limited to, storage tanks; pressure vessels, shells, coils, tubes, housings, castings, casings, drain pans, panels, duct work; piping: hydraulic, hydronic, pneumatic, gas, or refrigerant; insulation; pipe covering; refractory material; fuses, unit cabinets; electrical wiring; ductwork or conduit; electrical distribution system; hydronic structural supports and similar items; the appearance of decorative casing or cabinets; damage sustained by other equipment or systems; and/or any failure, misadjustment or design deficiencies in other equipment or systems; (c) Damage, repairs or replacement of parts made necessary as a result of electrical power failure, low voltage, burned out main or branch fuses, low water pressure, vandalism, misuse or abuse, wear and tear, end of life failure, water damage, improper operation, unauthorized alteration of equipment, accident, acts or omissions of Customer or others, damage due to freezing weather, calamity, malicious act, or any Event of Force Majeure; (d) Any damage or malfunction resulting from vibration, electrolytic action, freezing, contamination, corrosion, erosion, or caused by scale or sludge on internal tubes except where water treatment protection services are provided by Company as part of this Agreement; (e) Furnishing any items of equipment, material, or labor/labour, or performing special tests recommended or required by insurance companies or federal, state, or local governments; (f) Failure or inadequacy of any structure or foundation supporting or surrounding the equipment to be worked on or any portion thereof; (g) Building access or alterations that might be necessary to repair or replace Customers existing equipment; (h) The normal function of starting and stopping equipment or the opening and closing of valves, dampers or regulators normally installed to protect equipment against damage; (1) Valves that are not factory mounted: balance, stop, control, and other valves external to the device unless specifically included in the Agreement; (j) Any responsibility for design or redesign of the system or the Covered Equipment, obsolescence, safety tests, or removal or reinstallation of valve bodies and dampers; (k) Any services, claims, or damages arising out of Customers failure to comply with its obligations under this Agreement; (1) Failure of Customer to follow manufacturer recommendations concerning teardown and internal inspection, overhaul and refurbishing of equipment; (m) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement ("Pre -Existing Conditions"), including, without limitation, damages, losses, or expenses involving pre-existing building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi; (n) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included within the Services, in which case replacement shall in no event exceed the stated percentage of rated system charge per year expressly stated in the Services; (o) crane or rigging costs; (p) Any Services, claims, or damages arising out of refrigerant not supplied by Company. Customer shall be responsible for: (i) The cost of any additional replacement refrigerant; (ii) Operation ©2023 Trane All rights reserved Page 3 of 5 Renewal Agr ent Renewal Letter Year 3 — Indian River County — Intelligent Services SA Proposal ID: 2879919 & 2601684 of any equipment; and (iii) Any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 10. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement; and (b) the labornabour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company's obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company -provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company ("Third -Party Products(s)") are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD -PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD -PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD -PARTY PRODUUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD -PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. 11. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR CONTAMINANTS LIABILITIES, OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 13. CONTAMINANTS LIABILITY. The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH) DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION OR CONTAMINATION THEREOF) (COLLECTIVELY, "CONTAMINANTS LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES. 14. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos polychlorinated biphenyl ("PCB"), or other hazardous materials (collectively, "Hazardous Materials"). Customer warrants and represents that there are no Hazardous Materials on the premises that will in any way affect Company's performance, except as set forth in a writing signed by Company disclosing the existence and location of any Hazardous Materials in all areas within which Company will be performing. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and notify Customer. Customer will be responsible for correcting the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the premises site for the presence of Hazardous Materials. 15. Insurance. Company agrees to maintain the following insurance during the term of this Agreement with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive rights of subrogation. 16. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company is unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days' notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tomado; storm; fire; civil disobedience; pandemic; insurrections; riots; labor/labour disputes; labor/labour or material shortages from the usual sources ©2023 Trane All rights reserved Page 4 of 5 Renewal Agr ent Renewal Letter Year 3 — Indian River County — Intelligent Services SA Proposal ID: 2879919 & 2601684 of supply; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 17. Maintenance Services Other Than Solely Scheduled Service. If Company's Maintenance Services hereunder are not limited solely to Scheduled Service, the following provisions shall also apply: (a) Required restoration shall be performed by Customer at its cost priorto Company being obligated to perform hereunder; (b) any changes, adjustments, service or repairs made to the Equipment by any party other than Company, unless approved by Company in writing, may, at Company's option, terminate Company's obligation to render further service to the Equipment so affected; in such case no refund of any portion of the Service Fees shall be made; and (c) Customer shall (i) promptly notify Company of any unusual performance of Equipment; (ii) permit only Company personnel to repair or adjust Equipment and/or controls during the Term or a Renewal Tenn; and (iii) utilize qualified personnel to properly operate the Equipment in accordance with the applicable operating manuals and recommended procedures. 18. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which Company performs the Services. Any dispute arising under or relating to this Agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by United States Federal judicial bodies and boards of contract appeals of the United States Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other Terms of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties' respective successors and assigns. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 19. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights In the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 20. U.S. Government Services. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212- 5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to Indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219- 8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 21. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver or its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees thatjurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue: (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.130-7 (0821) Supersedes 1-26.130-7 (0720) ©2023 Trane All rights reserved Page 5 of 5 Renewal Agr ent Renewal Letter Year 3 — Indian River County — Mechanical SA Proposal ID: 1774504 Site Address: Admin Complex Sheriff Department Courthouse Main Library Health Department Trane U.S. Inc. 6965 Vista Pkwy N Suite 11 West Palm Beach, FL 33411 Phone: (561) 946-9259, Fax: Service Contact: (561) 683-1521 SUBJECT: Continuation of Service Agreement # 1774504 Scheduled Mechanical Service Agreement — Year 3 Your Trane Service Agreement is scheduled for renewal on 10/1/2023. To assure that there will be no interruption of service and benefits to Indian River County your Service Agreement will be extended through 9/30/2026. The adjusted Service Fees for the renewal term for all sites is set forth in the following table: Contract Year Annual Amount USD Payment USD Payment Term Year 3 $ 30,624 $ 7,656 Quarterly Year 4 $ 31,540 $ 7,885 Quarterly Year 5 $ 32,488 $ 8,122 Quarterly This contract is in accordance with US Communities Contract # USC 3341 If there is any reason why this Service Agreement should not be extended through this period, please notify Trane in writing 30 days prior to the renewal date indicated above. If so notified, Trane can continue at your discretion to provide services beyond the renewal date at our standard time and material rates. 0 Service Fee Discount. A one-time 3.00 % discount is offered for full payment of 1 year(s) in advance of the commencement of the Service Agreement. Invoice would be issued at start of the Agreement and is due net 15 days from date of invoice. Tax will be calculated based upon the pre -discounted price. This Service Fee discount is for advance payment only under the terms stated in this section and is not applicable to credit card transactions. Please check the box to select this discount option. SCOPE OF SERVICE The Scope of Service for the new agreement period will remain the same as delivered in the current period. TERMS & CONDITIONS Terms & Conditions for the renewal period are attached. CLARIFICATIONS If Indian River County accounting procedures require a purchase order for the renewal term, please provide your purchase order number to Trane no less than 30 days prior to the renewal date. We value your business and look forward to continuing to serve and contribute to your organization's success. Sincerely, Evan Nietzel Account Manager Trane ©2023 Trane All rights reserved Page 1 of 5 Renewal Agr ent Renewal Letter Year 3 — Indian River County — Mechanical SA Proposal ID: 1774504 COVID-19 NATIONAL EMERGENCY CLAUSE The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemic"). With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane's performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state (US), provincial (Canada) or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and 4. If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price. CUSTOMER Authorized Representative Printed Name Title Purchase Order Acceptance Date Trane's License Number: CACO23485 ©2023 Trane All rights reserved Page 2 of 5 Renewal Agr ent Renewal Letter Year 3 — Indian River County — Mechanical SA Proposal ID: 1774504 TERMS AND CONDITIONS "Company" shall mean Trane U.S. Inc.. 1. Agreement. These terms and conditions ("Terms") are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the following commercial services as stated in the Proposal (collectively, the "Services"): inspection, maintenance and repair (the "Maintenance Services") on equipment (the "Covered Equipment"), specified Additional Work (if any), and, if included in the Proposal, Intelligent Services, Energy Assessment, Energy Performance Solutions, and any other services using remote connectivity (collectively and individually referred to in these Terms as "Energy and Building Performance Services"). COMPANY'S TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service ("Connected Services Terms"), available at httos://www.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms. 3. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer") delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to these Terms and Conditions. If Customer's order is expressly conditioned upon Company's acceptance or assent to terms and/or conditions otherthan those expressed herein, return of such order by Company with Company's Terms and Conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counteroffer to perform in accordance with the Proposal and Company Terms and Conditions. If Customer does not reject or object in writing to Company within 10 days, Company's counteroffer will be deemed accepted. Customer's acceptance of performance by Company will in any event constitute an acceptance by Customer of Company's Terms and Conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or Terms and Conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Services provided by Company to the date of cancellation. 4. Fees and Taxes. Fees for the Services (the "Service Fees") are as set forth in the Proposal. Except as otherwise stated in the Proposal, Service Fees are based on performance during regular business hours. Charges for performance outside Company's normal business hours shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fees, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with an acceptable tax exemption certificate. 5. Payment. Payment is due upon receipt of Company's invoice. Service Fees shall be paid no less frequently than quarterly and in advance of performance of the Services. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Without liability to Customer, Company may discontinue performance whenever payment is overdue. Customer shall pay all costs (including attomeys' fees) incurred by Company in attempting to collect amounts due or otherwise enforcing this Agreement. 6. Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right, without an election of remedies, to suspend performance or terminate this Agreement by delivery of written notice declaring termination. Upon termination, Customer shall be liable to the Company for all Services fumished to date and all damages sustained by Company (including lost profit and overhead): (a) Any failure by Customer to pay amounts when due; (b) any general assignment by Customer for the benefit of its creditors, Customer's bankruptcy, insolvency, or receivership; (c) Any representation or warranty fumished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (d) Any failure by Customer to perform or comply with any material provision of this Agreement. 7. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances when Company performs the Services. Company may refuse to perform where working conditions could endanger property or put people at risk. Unless otherwise agreed by Customer and Company, at Customers expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. This Agreement presupposes that all major pieces of Covered Equipment are in proper operating condition as of the date hereof. Services furnished are premised on the Covered Equipment being in a maintainable condition. In no event shall Company have any obligation to replace Covered Equipment that is no longer maintainable. During the first 30 days of this Agreement, or upon initial inspection, and/or upon seasonal start-up (if included in the Services), if an inspection by Company of Covered Equipment indicates repairs or replacement is required, Company will provide a written quotation for such repairs or replacement. If Customer does not authorize such repairs or replacement, Company may remove the unacceptable equipment from the Covered Equipment and adjust the Service Fees accordingly. Customer authorizes Company to utilize Customer's telephone line or network infrastructure to connect to controls, systems and/or equipment provided or serviced by Company and to provide Services contracted for or otherwise requested by Customer, including remote diagnostic and repair service. Customer acknowledges that Company is not responsible for any adverse impact to Customer's communications and network infrastructure. Company may elect to install/attach to Customer equipment or provide portable devices (hardware and/or software) for execution of control or diagnostic procedures. Such devices shall remain the personal proprietary property of Company and in no event shall become a fixture of Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices used in connection with the Services on Customer equipment. Company may remove such devices at its discretion. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. 8. Customer Obligations. Customer shall: (a) Provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; (b) Follow manufacturer recommendations concerning teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; unless expressly stated in the Scope of Services statement, Company is not performing any manufacturer recommended teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; and (c) Where applicable, unless water treatment is expressly included in the Services, provide professional cooling tower water treatment in accordance with any reasonable recommendations provided by Company. 9. Exclusions. Unless expressly included in the Covered Equipment or the Services, the Services do not include, and Company shall not be responsible for or liable to the Customer for any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from, any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, maintenance, repair, replacement of or services for: chilled water and condenser water pumps and piping; electrical disconnect switches or circuit breakers; motor starting equipment that is not factory mounted and interconnecting power wiring; recording or portable instruments, gauges or thermometers; non-moving parts or non -maintainable parts of the system, including, but not limited to, storage tanks; pressure vessels, shells, coils, tubes, housings, castings, casings, drain pans, panels, duct work; piping: hydraulic, hydronic, pneumatic, gas, or refrigerant; insulation; pipe covering; refractory material; fuses, unit cabinets; electrical wiring; ductwork or conduit; electrical distribution system; hydronic structural supports and similar items; the appearance of decorative casing or cabinets; damage sustained by other equipment or systems; and/or any failure, misadjustment or design deficiencies in other equipment or systems; (c) Damage, repairs or replacement of parts made necessary as a result of electrical power failure, low voltage, burned out main or branch fuses, low water pressure, vandalism, misuse or abuse, wear and tear, end of fife failure, water damage, improper operation, unauthorized alteration of equipment, accident, acts or omissions of Customer or others, damage due to freezing weather, calamity, malicious act, or any Event of Force Majeure; (d) Any damage or malfunction resulting from vibration, electrolytic action, freezing, contamination, corrosion, erosion, or caused by scale or sludge on internal tubes except where water treatment protection services are provided by Company as part of this Agreement; (e) Furnishing any items of equipment, material, or labor/labour, or performing special tests recommended or required by insurance companies or federal, state, or local governments; (f) Failure or inadequacy of any structure or foundation supporting or surrounding the equipment to be worked on or any portion thereof; (g) Building access or alterations that might be necessary to repair or replace Customers existing equipment; (h) The normal function of starting and stopping equipment or the opening and closing of valves, dampers or regulators normally installed to protect equipment against damage; (i) Valves that are not factory mounted: balance, stop, control, and other valves external to the device unless specifically included in the Agreement; (j) Any responsibility for design or redesign of the system or the Covered Equipment, obsolescence, safety tests, or removal or reinstallation of valve bodies and dampers; (k) Any services, claims, or damages arising out of Customers failure to comply with its obligations under this Agreement; (1) Failure of Customer to follow manufacturer recommendations concerning teardown and internal inspection, overhaul and refurbishing of equipment; (m) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement ("Pre -Existing Conditions"), including, without limitation, damages, losses, or expenses involving pre-existing building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi; (n) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included within the Services, in which case replacement shall in no event exceed the stated percentage of rated system charge per year expressly stated in the Services; (o) crane or rigging costs; (p) Any Services, claims, or damages arising out of refrigerant not supplied by Company. Customer shall be responsible for: (i) The cost of any additional replacement refrigerant; (ii) Operation ©2023 Trane All rights reserved Page 3 of 5 Renewal Agr ent Renewal Letter Year 3 — Indian River County — Mechanical SA Proposal ID: 1774504 of any equipment; and (iii) Any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 10. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement; and (b) the laborflabour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company's obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company -provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company ("Third -Party Products(s)") are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD -PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD -PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD -PARTY PRODUUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD -PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. 11. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attomeys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR CONTAMINANTS LIABILITIES, OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 13. CONTAMINANTS LIABILITY. The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH) DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION OR CONTAMINATION THEREOF) (COLLECTIVELY, "CONTAMINANTS LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES. 14. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos polychlorinated biphenyl ("PCB"), or other hazardous materials (collectively, "Hazardous Materials"). Customer warrants and represents that there are no Hazardous Materials on the premises that will in any way affect Company's performance, except as set forth in a writing signed by Company disclosing the existence and location of any Hazardous Materials in all areas within which Company will be performing. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and notify Customer. Customer will be responsible for correcting the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance only in the absence of Hazardous Materials orwhen the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the premises site for the presence of Hazardous Materials. 15. Insurance. Company agrees to maintain the following insurance during the term of this Agreement with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive rights of subrogation. 16. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company is unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days' notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts ofterrorism, war or the public enemy; flood; earthquake; lightning; tomado; storm; fire; civil disobedience; pandemic; insurrections; riots; laborflabour disputes; labor/labour or material shortages from the usual sources ©2023 Trane All rights reserved Page 4 of 5 Renewal Agr ent Renewal Letter Year 3 — Indian River County — Mechanical SA Proposal ID: 1774504 of supply; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 17. Maintenance Services Other Than Solely Scheduled Service. If Company's Maintenance Services hereunder are not limited solely to Scheduled Service, the following provisions shall also apply: (a) Required restoration shall be performed by Customer at its cost priorto Company being obligated to perform hereunder; (b) any changes, adjustments, service or repairs made to the Equipment by any party other than Company, unless approved by Company in writing, may, at Company's option, terminate Company's obligation to render further service to the Equipment so affected; in such case no refund of any portion of the Service Fees shall be made; and (c) Customer shall (i) promptly notify Company of any unusual performance of Equipment; (ii) permit only Company personnel to repair or adjust Equipment and/or controls during the Term or a Renewal Tenn; and (iii) utilize qualified personnel to properly operate the Equipment in accordance with the applicable operating manuals and recommended procedures. 18. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which Company performs the Services. Any dispute arising under or relating to this Agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by United States Federal judicial bodies and boards of contract appeals of the United States Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other Terms of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties' respective successors and assigns. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 19. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights In the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 20. U.S. Government Services. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212- 5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219- 8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customers ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 21. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver or its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue: (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customers tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.130-7 (0821) Supersedes 1-26.130-7 (0720) ©2023 Trane All rights reserved Page 5 of 5 Renewal Agr ent INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Sean A. Lieske, Acting Public Works Director Kirstin Leiendecker, P.E., Assistant. Public Works Director FROM: Mark Winslow, P.E., Project Engineer SUBJECT: Resurfacing 69th Street From 66th Avenue to SR5/US-1, IRC -1639 Final Payment, Release of Retainage, and Change Order No. 1 DATE: November 6, 2023 DESCRIPTION AND CONDITIONS On May 3, 2022, the Board of County Commissioners awarded Bid No. 2022028 to Timothy Rose Contracting, Inc. in the amount of $3,806,470.75 for Construction for the milling and resurfacing of 69th Street from 66th Avenue to SR5/US-1. Also included with this project was the installation of approximately 5,900 linear feet of a 12 -inch water main along 69th Street between 58th Avenue to 650 -feet west of 39th Court. Change Order No.1 is to make final adjustments to contract bid items for a decrease to the total contract amount by $216,659.23 for a final cost of $3,589,811.52 and make final contract time adjustments. Timothy Rose Contracting, Inc. has successfully completed the project and has been paid $3,382,027.33 with $178,001.44 held in retainage to date. Timothy Rose Contracting, Inc. has submitted Contractor's Application for Payment No. 1639-9 forfinal payment in the amount of $29,782.75 and $178,001.44 for the release of retainage for a total payment amount of $207,784.19. FUNDING Funding in the amount of $207,784.19 is budgeted and available from the following accounts: Traffic Impact Fees/District 1/691h St Reclamation Account No. 10415141-066510-19003 —66 th Ave to US1 $29,782.75 Traffic Impact Fees/Retainage—Timothy Rose Account No. 104-206000-19003 Contracting $113,032.45 Secondary Roads/Retainage—Timothy Rose Account No. 109-206000-19003 Contracting $29,201.53 Utilities/Retainage —Timothy Rose Contracting Account No. 471-206000-22501 $35,767.46 56 Page 2 of 2 Final Payment, Release of Retainage & CO 1 for Resurfacing 69th Street From 66th Avenue to SRS/US-1, IRC -1639 BCC Agenda Item for 12/5/2023 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 1639-9 to Timothy Rose Contracting, Inc. in the amount of $207,784.19 for final payment and release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Change Order No. 1 2. Contractor's Application for Payment No. 1639-9 APPROVED AGENDA ITEM FOR DECEMBER 5, 2023 C:\Granicus\Legistar5\L5\Temp\25395d37-b809-4d8b-8cb8-d7a59ca45ffb.doc 57 IRC -1639 SECTION 00942 — Change Order Form No. 1 DATE OF ISSUANCE: 12/5/2023 EFFECTIVE DATE: 12/5/2023 OWNER: Indian River County CONTRACTOR Timothy Rose Contracting, Inc. Project: 69TH STREET FROM 66TH AVENUE TO SRS/US-1, RESURFACING OWNER's Project No. IRC -1639 OWNER'S Bid No. 2022028 FM No.: 438073-1-54-01 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 Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $3,806,470.75 Substantial Completion: Net decrease of this Change Order: ($216,659.23) 240 Contract Price with all approved Change Orders: $3,589,811.52 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACTTIMES Description Time Original Contract Time: (days) Substantial Completion: 210 Final Completion: 240 Net increase this Change Order: (days) Substantial Completion: 86 Final Completion: 92 Contract Time with all approved Change Orders: (days) Substantial Completion: 296 Final Completion: 332 RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: Change Order Form — 00942 F \Public Works\ENGINEERING DIVISION PROJECTS\1639 69th Street 66th Avenue to US -1 Resurfacing (SCOP)\1-AdminWgenda Items\Project Closeout\IRC- 1639CO1_20231121.doccx 58 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES 69th Street 66th Avenue to US -1 Resurfacing (SCOP) PROJECT NO. IRC- 1639 BID NO. 2022028 FM NO. 438073-1-54-01 Item No. Description Unit Quantity Unit Price Price Increase Price Decrease 337-7-82 ASPHALTIC CONCRETE FRICTION COURSE (FC -9.5) (TRAFFIC C) (1" TN 61 179.55 10 963.32 570-1-1 PERFORMANCE TURF SOD BAHIA SY 2.88 8,200.00 23 616.00 i WCD-1 ADD'L PIPE INSTALLATION - NON PART FDOT LS 1 30 749.50 30 749.50 WCD-2 110-7- 1 MAILBOX F&I - FDOT NON -PARTICIPATING EA 1 141.00 141.00 WCD-2 283-1 ASPHALT EMULSION TYPE CSS -1 H - FDOT NOW PARTICIPATING FDOT NON -PARTICIPATING GA 10,000 3.65 36,500.00 WCD-2 283-7 FULL DEPTH RECLAMATION - FDOT NON -PARTICIPATING SY 12,072 8.85 106 837.20 WCD-2 285- 706 OPTIONAL BASE GROUP 04 - FDOT NON -PARTICIPATING SY 1 9 9.00 81.00 WCD-2 285- 716 OPTIONAL BASE GROUP 18 - FDOT NON -PARTICIPATING SY 23 1 38.50 885.50 WCD-2 334-1- 13A SUPERPAVE ASPHALT (SP -12.51.5") - FDOT NON - PARTICIPATING TN 2 139.91 279.82 WCD-2 334-1- 13B SUPERPAVE ASPHALT (SP -12.5,2.0') - FDOT NON - PARTICIPATING TN 1 557.81 557.81 WCD-2 430- 175- 118A CONCRETE PIPE CULVERT 18" - FDOT NON -PARTICIPATING LF 53 99.00 5247.00 WCD-2 430- 984- 125 MITERED END SECTION (ROUND 18") - FDOT NON - PARTICIPATING EA 2 1 3,558.00 7,116.00 WCD-2 570-1-11 PERFORMANCE TURF (SOD, BAHIA) - FDOT NOW PARTICIPATING SY 53 2.88 152.64 WCD-3 F&I TYPE F CURB AND GUTTER (HAND FORMED), F&I 12 -INCH CONCRETE COLLAR LS 1 18 497.60 18 497.60 WCD-4 CLEAR, GRADE & SOD EMBANKMENT AREA ADJACENT TO PROPOSED CURB SHOULDER EB LANE OF 69TH ST LS 1 11 290.16 11 290.16 WCD-6 GRADE AND SOD APPROX 110 LINEAR FT OF SWALE AND MOD TO DRAINAGE APRON & STRUCTURE LS 1 6,166.71 6,166.71 285-716 OPTIONAL BASE GROUP 18 CEMENTED COQUINA LBR 100 16" SY 529 38.50 20 366.50 334-1-13A SUPERPAVE ASPHALT CONCRETE SP -12.5 TRAFFIC C 1.5" TN 149 139.91 20 859.18 522-2 CONCRETE SIDEWALK AND DRIVEWAYS 6" THICK FIBER REI SY 56.00 52.50 2,940.00 1060-11-222A UTILITY STRUCTURE AND MANHOLE - BELOW GROUND W/ ARV <80 CF 9.1'-12' EA 0.23 6,847.00 1,574.81 999-25 FORCE ACCOUNT - ROADWAY LS 1 350,000.00 350,000.00 999-25A FORCE ACCOUNT - UTILITIES LS 1 80 000.00 80 000.00 SUBTOTALS 259,081.26 475,740.49 69th Street 66th Avenue to US -1 Resurfacing (SCOP) TOTAL $ (216,659.23) 59 F:,Publlc Wor \ENGINEERWG DIVISION PROJECTS\163969th Sbeet66th Ave nue to US -1 Resurfacing(SCOP)\i-AOmioWg-da Items\Project Closeaut\IRC-1639_C01_2023112l INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., ICMA-CM, AICP; County Administrator PREPARED BY: Patrick J. Murphy, Senior Planner DATE: November 21, 2023 SUBJECT: Lost Tree Preserve, LLC's Request for Final Plat Approval for Lost Tree Preserve PD, Phases 4 and 5 [PD -10-08-01 / 99040238-95045] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 5, 2023. DESCRIPTION & CONDITIONS: Lost Tree Preserve Planned Development (PD), Phases 4 and 5 are the final phases within the overall Lost Tree Preserve PD project. The Lost Tree Preserve PD project is located immediately west of the FEC Railroad, between 65t' Street and 69h Street. The overall project consists of a total of 453 units on 214.64 acres, resulting in an overall density of 2.11 units/acre. The final plat area for Phases 4 and 5 is located on the western "half' of the overall project, and consists of 157 lots on 92.42 +/- acres, with a density of 1.70 units/acre (see attachment 1). The property is zoned PD, Planned Development, and has a Future Land Use designation of L-1, Low -Density Residential -1 (up to 3 units/acre). On December 9, 2010, the Planning & Zoning Commission granted preliminary PD plan/plat approval for Lost Tree Preserve PD which included a phased approval for a total 453 units. Subsequently, on January 26, 2017, the Planning & Zoning Commission approved a revised and updated phasing schedule which provides a phased construction schedule for the overall PD through August 2028. As of this time, the developer has constructed 77% of the required project improvements for Phases 4 and 5, and proposes to "bond out" the remaining 23% of the required improvements. The applicant has coordinated with staff to provide the following: 1. A final plat in conformance with the approved preliminary PD plan/plat; 2. An approved Engineer's Certified Cost Estimate for the remaining required improvements for Phases 4 and 5; and 3. An executed Contract for Construction of the remaining required improvements for Phases 4 and 5, with a Cash Deposit and Escrow Agreement for 125% of the cost of construction for the remaining required improvements. 60 The Board of County Commissioners (BCC) is now to consider granting final plat approval for Lost Tree Preserve PD, Phases 4 and 5. ANALYSIS: Most, but not all, of the required project improvements have been completed. As provided for under the County Land Development Regulations applicable to this final plat application, the applicant will be "bonding -out" the remaining 23% of required project improvements (drainage, roadways, utilities, etc.). Public Works and Utility Services have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining project improvements. Staff anticipates receipt of the Contract for Construction of Required Improvements and an acceptable letter of credit in the amount of 125% of the cost of construction for the remaining required improvements prior to the December 5`h BCC meeting. The contract for construction will be executed by the County Administrator once the Cash Deposit and Escrow Agreement has been received and approved by the County Attorney's Office. The final plat will not be executed by the Chairman of the Board until these items have been addressed. All improvements within Lost Tree Preserve PD, Phases 4 and 5 will be private, with the exception of certain utility facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required through the final plat and certificate of completion process. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Lost Tree Preserve PD, Phases 4 and 5. ATTACHMENTS: 1. Location Map 2. 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I s Q = ¢ � IL e I IL �HZE W h $ O W O Z / 4t°• Wck: 2 h W vW U 2 LL IQ I� W ao I Qo � F I V IS spin �agW�WdoZ 1' < ii�ggg¢€����_ ���6� �63�i'i��'s�����'�< FaWW2 FS i;� £b£a o aa� a laaae a 9fb �oF M za U� � = =a M � as m y`�� �lY3doo�e�oa=_=p�W"` offa -aStldi± 4aL���� aaBN e�S'�c V� INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Eric Charest, Interim Natural Resources Director FROM: Melissa Meisenburg, Senior Lagoon Environmental Specialist SUBJECT: Approval to Submit an FWC Bulk Derelict Vessel Removal Grant Application DATE: November 15, 2023 DESCRIPTIONS AND CONDITIONS The Florida Fish and Wildlife Conservation Commission (FWC) has authorized the removal of four (4) derelict vessels from the Indian River Lagoon and the St. Sebastian River within the jurisdiction of Indian River County. Officers from FWC have investigated the vessels and determined the vessels as derelict in accordance with sections 705.101 (3) and 823.11, Florida Statutes. The derelict designation from FWC allows for the vessels removed and properly disposed of, improving boating safety and removing these hazards to navigation and the environment. Outlaw Maritime, LLC has provided a cost proposal to the County of $31,000.00 to remove and dispose of the four (4) authorized derelict vessels following FWC best management practices. Staff has prepared an FWC Bulk Derelict Vessel Grant application providing detailed information on the proposed removal tasks. The FWC Bulk Derelict Vessel Removal Grant is a reimbursement grant for 100% of the costs associated with the cost of derelict vessel removal. FUNDING The cost to remove and dispose of the four (4) derelict vessels totals $31,000.00. If awarded, the FWC Bulk Derelict Vessel Removal Grant will provide the County with 100% reimbursement of the associated costs not to exceed $31,000.00. This task is budgeted for in the Florida Boating Improvement Program — Other Contractual Service Account #13321072-033490. Account Name Account No. Amount Florida Boating Improvement Program/Other Contractual Services 13321072-033490 $31,000.00 RECOMMENDATION Staff recommends the Board of County Commissioners authorize the Chair to sign the FWC Bulk Derelict Vessel Removal Grant Application. ATTACHMENTS 1. FWC Bulk DV Grant App -2023_2 APPROVED AGENDA ITEM FOR 70 9. 1 Page 2 FWC Derelict Vessel July 2023 Removal Grant July 11, 2023 BCC Meeting December 5, 2023 71 Board of County Commissioners 1801 27th Street, Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Florida Fish and Wildlife Conservation Commission December 5, 2023 620 South Meridian Street Tallahassee, Florida 32399-1600 (850) 488-4676 Re: Derelict Vessel Grant Application — Month Year Indian River County Derelict Vessel Removal The Indian River County Board of County Commissioners intends to have four derelict vessels removed from the waters of the state, the vessel and vessel parts transported to an approved landfill facility and the vessel destroyed. The County has received a Derelict Vessel Removal Authorization Letter for each of these vessels from The Florida Fish and Wildlife Conservation Commission (FWC). The selected contractor will use FWC Best Management Practices for Derelict Vessel Removal. These include protective measures and equipment to prevent erosion and pollution during removal. The County is applying for the FWC Derelict Vessel Removal Grant for 100% reimbursement of the Contractor (Outlaw Maritime LLC) amount in the total of $31,000.00. Indian River County, Natural Resources Department will oversee the Indian River County Derelict Vessel Removal project while in coordination with FWC Law Enforcement. Sincerely, Melissa Meisenburg Senior Lagoon Environmental Specialist Indian River County Public Works Coastal Engineering Division (772) 226-1651 Cover Letter — December 2023 Indian River County Derelict Vessel Removal Page 1 of 1 72 PROJECT SUMMARY Month Year Indian River County Derelict Vessel Removal As of December 5, 2023, there have been four Authorization Letters issued for Derelict Vessel (DVs) removal within the boundaries of Indian River County. Indian River County, Coastal Engineering Division is coordinating the removal effort for all four vessels. The County is seeking an FWC Derelict Vessel Removal Grant for full reimbursement of the contracted amount for this project. A licensed and insured contractor (Outlaw Maritime LLC) will be utilized by the County to properly and safely remove all three DVs adhering to the best management practices. A Scope of Work has been developed by County Staff to guide the Contractor in the removal. The County will provide Natural Resources Staff to observe and photographically record the removal process. Photographs documenting the removal process will be incorporated into the final report. Local FWC Law Enforcement will also be offered to observe the removal process. Upon completion, Staff will inspect the removal locations to ensure all debris has been removed. BUDGET The following table is the price breakdown for the cost to remove each DV provided from Outlaw Maritime LLC. MAP ID Case Number Cost to Remove DV1 FWCC21OFF012463 $6,500.00 DV2 FWCC21OFF012466 $7,500.00 DV3 FWC220N0063053 $6,500.00 DV4 FWC220N0069531 $10,500.00 TOTAL $31,000.00 SCOPE OF WORK The County has sought removal quotes from Outlaw Maritime LLC to provide removal of the four derelict vessels (DVs) from the waters of the state, transport the vessels and vessel parts to an approved landfill facility and destroy the vessel. The contractor will use Florida Fish and Wildlife Conservation Commission's Best Management Practices for Derelict Vessel Removal. This includes protective measures and equipment to prevent erosion and pollution during the removal process. Attached you will find maps and details of the DVs authorized for removal by the Florida Fish and Wildlife Conservation Commission Law Enforcement. Derelict Vessel Removal Background Derelict vessels are navigational hazards to boaters, negatively impact the environment and are aesthetic nuisances. Typically these vessels are found grounded on the edges of active waterways where they may have physical impacts on benthic and shoreline communities. However, the impact of these vessels is not limited to their immediate location. If left unattended, the influences of winds and tides continue to push the boats, causing greater impact as they become more deeply mired into the environment. Early 73 extraction of these vessels will avoid and minimize the environmental impacts. In addition to the physical impacts resulting from the movement of these vessel through the environment, there are long term effects caused by their continued degradation and decay in the marine environment. These vessels may be constructed of various materials, such as wood, steel, aluminum, or fiberglass; each having varying degrees of resilience and can remain in the marine environment for extended periods of time. With the progression of time, the environmental impacts increase because of the shading from the hull and displacement of live bottom and emergent vegetative communities resulting from the expansion of the debris field as the vessel disintegrates. The impacts resulting from the removal of these vessels during any stage is less than the impacts caused by the long-term presence of the vessel in the marine environment. Therefore, early detection and removal of abandoned and derelict vessels is the best means of minimizing the individual or cumulative impacts to the environment. Derelict Vessel Removal (FDEP) Permit Exemption An Exemption under Florida Administrative Code Chapter 62-330-0S1(S)(g) by The Florida Department of Environmental Protection, has been established for the removal of derelict vessels. Based on the presumption the extraction of these vessels from the marine environment will cause only minimal environmental impacts and in turn avoid the long-term impacts resulting from the degradation of the vessel at its current location. The environmental impacts are ameliorated by the application of the best management practices referenced below. Florida Administrative Code Chapter 62-330-051(5)(g) (g) The removal of derelict vessels, as defined in Section 823.11(1), F.S., by federal, state, and local agencies, provided: 1. The derelict vessel case has been completed as specified in Section 705.103, F.S., and has been entered into the Statewide Derelict Vessel Database maintained by the Florida Fish and Wildlife Conservation Commission; 2. All work is done in a manner that, to the greatest practicable extent, avoids additional dredging or filling, grounding or dragging of vessels, and damage to submerged resources such as seagrass beds, oyster beds, coral communities, mangroves, other wetlands, and live bottom; and 3. An absorbent blanket or boom shall be immediately deployed on the surface of the water around the derelict vessel if fuel, oil, or other free-floating pollutants are observed during the work General Derelict Vessel Removal and Environmental Protection Best Management Practices The following best management practices (BMPs) will be employed by the marine contractor during the removal of the derelict vessels. The BMPs will be incorporated into the contract for the vessel removal project. The marine contractor will be required to show proof of their ability to meet the BMP requirements with their contingency of equipment, staff and expertise in the removal of derelict vessels. Compliance with these BMP's will be monitored by the County and by local Florida Fish and Wildlife Conservation Commission law enforcement officers. These BMPs are as follows: a) All Work Is to Meet the Following Requirements: 74 1. Operations are to be limited to daylight hours. 2. Operations are to be staged from an upland area. 3. All work is to be performed in a manner that avoids and/or minimizes impacts to live bottom and other resource areas (e.g., seagrass beds, oyster beds, wetlands, mangroves, and other sensitive habitats) while approaching, working in, and leaving the derelict vessel site. 4. All work shall avoid impacts to manatees, sea turtles, and other species listed by the state and federal government as threatened or protected. 5. The Contractor will remove all contaminants and pollutants including fuels, batteries, paints, solvents, black/grey water, and engines from the derelict or otherwise authorized vessel prior to or immediately after vessel extraction from the water, whichever option is best to prevent environmental impacts. Any contaminant or pollutant found to be contained within a derelict or other authorized vessel as well as the used absorbent matts/socks shall be removed by the Contractor, placed in an approved container, and disposed of properly. The placement of an absorbent matt/socks on the surface of the water within the turbidity barrier around the derelict or other authorized vessel is required where free floating product (gas/oil) is observed and under vessels placed on land. 6. The Contractor is to provide appropriate BMPs approved by the Florida Department of Environmental Protection for erosion control and turbidity protection while each derelict vessel is being removed. In areas of low to moderate currents, a Type II floating turbidity barrier will be installed within a ten (10) foot radius of the vessel being removed prior to starting any removal activities. The turbidity barrier shall be anchored to the bottom of the waterway. 7. The Contractor is to provide appropriate BMPs for erosion control and turbidity prevention around the vessels/barges being used to remove the derelict vessel and around the perimeter of any upland staging site where necessary. 8. The Contractor is to monitor turbidity levels throughout removal work. 9. In an effort to reduce turbidity, a crane, winch and/or approved alternate method is to be used to raise the derelict or other authorized vessel from the water if available. 10. The Contractor will assess turbidity levels and allow them to return to an acceptable level similar to pre -project condition prior to removal of turbidity measures. 11. The dragging of vessels is to be avoided both on and off -shore. All vessels/barges used in vessel removal shall continually monitor water depths to avoid running aground. 12. The Contractor will load derelict vessels onto a barge and/or flatbed truck (or similar) for proper disposal. 13. The Contractor is to photo -document all removals as described in SOW Section 6 with pictures taken before, during and after removal. The Contractor will provide a monthly written report of all removal activities. b) For Derelict Vessels That Are Floating or Lightly Aground: 1. The vessel is to be pumped out as needed and extracted (floated out) during high water. 2. Following extraction, the vessel is to be towed from the grounded location to a boat ramp or other removal point while avoiding and/or minimizing impacts to live bottom areas. c) For Derelict Vessels That Are Hard Aground: 1. The vessel is to be approached using shallow draft vessels. 2. The vessel is to be extracted using a crane from a shallow draft deck barge, by hand using the best available tools, or similar approach to minimize impacts to the site and surrounding areas. 75 d) For Derelict Vessels Sunken in Shallow Water: a) Install and inflate flotation bags as needed. b) Lift the vessel with barge mounted crane or similar equipment. A pre -construction meeting will be held between the County and the Contractor prior to the implantation of the removal process. 76 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Derelict Vessel Removal Grant Application FOR OFFICE USE ONLY Derelict Vessel Removal Grant Application Number: I Date Received: II. PROJECT SUMMARY I. APPLICANT INFORMATION December 2023 Indian River County Derelict Vessel Removal Applicant: Indian River County- Coastal Engineering Division a) Federal Employer ID No.: 59-60000674 b) Project Manager Name: Melissa Meisenburg c) Project Manager Title: Lagoon Environmental Specialist d) Mailing Address 1801 27th Street, Bldg A e) City/State/ZIP Vero Beach, FL 32960 f) Shipping Address 1801 27th Street, Bldg A g) City/State ZIP Vero Beach, FL 32960 h) Telephone 772-226-1651 i) FAX 772-778-9391 j) Email mmeisenburg@ircgov.com k) District Numbers: 1) State House g m) State Senate 17 II. PROJECT SUMMARY a) Project Title December 2023 Indian River County Derelict Vessel Removal b) Project Goal(s): Efficiently and safely remove four authorized derelict vessels from the Indian River Lagoon water body within Indian River County, Florida. c) Project Cost (Total): $31,000.00 77 d) Grant Amount Requested: $31,000.00 e) Project Type(s): P Bulk Derelict Vessel Grant (See Section V of guidelines for eligibility and F1 restrictions. Rapid Removal Derelict Vessel Grant (See Section VI of guidelines for eligibility and restrictions). Brief Project Summary (including the total number of derelict vessels that you are requesting be removed as part of this project). (Note that a detailed Project Summary/Scope of Work is required as an attachment to this application. As of December 5, four derelict vessels have been authorized for removal from the waters of the Indian River Lagoon within the boundaries of Indian River County. Using a contractor (Outlaw Maritime LLC) the County will efficiently and safely remove all four derelict vessels following the FWC Derelict Vessel Removal Guidelines. A detailed Scope of Work is attached to this document for review. III. JUSTIFICATION FOR RAPID REMOVAL GRANT REQUEST VS. BULK DERELICT VESSEL GRANT REQUEST Describe how the vessel to be removed meets the rapid removal criteria listed in Section VI of the Derelict Vessel Removal Grant guidelines using specific conditions which demonstrate it is in danger of imminent sinking, breaking apart, or is a critical danger to public safety or the environment. Not applicable, the application is for a Bulk Derelict Vessel Removal Grant. 78 IV. PROJECTED OUTCOMES How many total derelict vessels are there in the project's jurisdiction? What percentage of the total derelict vessels located within the project's jurisdiction will be removed by this project? (Limited to those listed in the Statewide Derelict Vessel Database). There are currently fourteen open derelict vessel cases in Indian River County. There are currently four derelict vessels authorized for removal. Indian River County intends to remove 29% of the open vessels cases, 100% of the authorized derelict vessels within the County. b. Describe the system to be used in demonstrating complete removal and destruction of the removed vessel(s). Include the procedure to verify contractor's completeness in removal of the vessel(s). A marine barge and crane will be used to lift and remove derelict vessels from the waters of the Indian River Lagoon. FWC Removal Guidelines will be followed to prevent impacts to the waters and surrounding area. The barge will transport removed vessels to the boat ramp for removal where they will be disposed of at an authorized landfill. Coastal Engineering staff will observe the removal process, documenting removal and disposal, including the inclusion of photos and landfill tickets in the final report. Upon completion of the removal, Coastal Engineering staff will inspect the location to insure all debris has been removed. FWC Law Enforcement will be notified prior to removal and upon removal completion with documentation. V. BUDGET Has a detailed cost estimate/proposal been developed for this derelict vessel removal project? If yes, attach a copy of application. VI. a. ❑ Federal b. Grant Name: c. Approval Status ❑✓ YES ❑ NO OTHER SOURCE OF FUNDS (STATUS) ❑ State/Local ❑ Loan ❑ Approved ❑ Pending Agency: Amount: Intend to Apply, Date: 79 VII. LAW ENFORCEMENT CASE DATE (Include a line for each derelict vessel that you are requesting be removed as a part of this project) VESSEL AGENCY CASE VESSEL VESSEL REMOVAL AGENCY NUMBER REGISTRATION VESSEL MAKE LENGTH QUOTE FWC FWCC21OFF012463 FL5951 EP Hunter Marine 30' $ 6,500.00 1 FWC FWCC21OFF12466 FL3442ED Hatteras 31' $ 7,500.00 2 FWC FWC220N0063053 FL7895DA Islander Yachts 25' $ 6,500.00 3 FWC FWC220N0069531 FL0931 TA Gulfstar 42' $ 10,500.00 4 5 6 7 8 9 10 11 12 13 TOTAL $ 31,000.00 VI11. APPLICATION ATTACHMENTS CHECKLIST For mailed applications, include a copy on electronic media with paper copy or you may email entire application to: DVGrant@MyFWC.com Inc. Required Attachments ✓ a. Cover Letter: A brief letter explaining overview of project and responsible parties involved. ✓ b. Application: One (1) application with original signature from authorized individual. ✓ c. Project Proposal: a detailed description of the project as described in the application instructions. d. Delegation of Authority: Formal documentation to show that the person signing the application has the �✓ authority to apply for, administer and commit the governing body or not-for-profit organization to the grant project on behalf of the applicant. e. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor ✓❑ or a detailed cost estimate for the project elements. One (1) tabbed section for each vessel removal requested to include the Derelict Vessel Data Sheet (Attachment "A). 80 APPLICANT SIGNATURE Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority (see grant guidelines Section IV, 4.4) to sign on behalf of the Applicant and that the Applicant has the ability to undertake the proposed activities in compliance with the FWC Derelict Vessel Removal Grant Program Guidelines. I also certify that the applicant's governing body is aware of and has authorized the project manager as the official representative of the applicant to act in connection with this application and subsequent project, as well as to provide additional information as may be required. By my signature below, the applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and the resulting project if approved. Print/Type Name: Signature: STATE OF FLORIDA, COUNTY OF SELECT ONE Title: Date: personally, appeared before me this day of 20_ who subscribed and swore to the above instrument in my presence. Notary Public Name: My commission expires: NOTE: Instruction and further information regarding this application and the FWC Derelict Vessel Removal Grant Program can be found in the Program's Guidelines document or by contacting the Program Administrator at: Florida Fish and Wildlife Conservation Commission, Boating and Waterways Section, Derelict Vessel Program, 620 South Meridian Street, Tallahassee, FL 32399-1600 or call (850) 488-5600 81 Attachment A (Submit one (1) sheet for each vessel requested in grant application) Derelict Vessel Data Sheet Law Enforcement Case Number: FWCC21OFF012463 County of Vessel's Location: Indian River Has the vessel's owner or responsible party been charged with a violation of NO either Section 823.11, F.S. or Section 376.15, F.S.? If the vessel's owner or responsible party has not been charged with a violation of Section 823.11, F.S. or section 376.15, F.S., did law enforcement request that NO the State Attorney file charges directly? Describe the vessel's location: (example: Vessel is in shallow water within mangroves at boat ramp. Vessel is located on the west side of IR3 in Sebastian. The vessel is hard aground. Vessel Coordinates: (Degrees -Decimal Minutes) Has law enforcement officer issued a Letter of Removal Authorization: Vessel Color: Vessel Length: Vessel Registration: Investigating Agency: Photo of Vessel: (include photos as attachment in this tab) Select Removal Type: Are there pollutants on the vessel requiring removal? Is the vessel located in or above seagrass or coral? Vessel Removal Cost (Include contractors written quote for the vessel) Contractor's Name: Contractor's Address: Contractor's Phone (N) 27.826733 (w) 80.468933 YES Green 30' FL5951 EP FWC YES BULK REMOVAL NO NO 6,500.00 Outlaw Maritime LLC 7673 Lakeview Dr. West Melbourne, FL 32904 321 480-2975 FWCC21OFF012463 FL5951EP Hunter Marine 30' 27.826733 -80.468933 83 QUOTE Outlaw Maritime LLC 7673 Lakeview Dr West Melbourne, FI 32904 772-480-2975 outlawmadtimellc@amail.com Indian River County Date 03/14/2023 Vessel 1: N27 36.966 W080 22.308 I R3 PROJECT TITLE: FWCCC-2I-OFF-012463 QUOTE 031420231 Derelict Vessel Removal Vessel 1 remove and dispose 30' Huntersailboat $6,500.00 1$6500.00 Subtotal 1$6,500.00 1 Please contact me with any and all questions you may have. Thank You. Kevin Miller 84 Attachment A (Submit one (1) sheet for each vessel requested in grant application) Derelict Vessel Data Sheet Law Enforcement Case Number: FWCC21OFF012466 County of Vessel's Location: Indian River Has the vessel's owner or responsible party been charged with a violation of NO either Section 823.11, F.S. or Section 376.15, F.S.? If the vessel's owner or responsible party has not been charged with a violation of Section 823.11, F.S. or section 376.15, F.S., did law enforcement request that NO the State Attorney file charges directly? Describe the vessel's location: (example: Vessel is in shallow water within mangroves at boat ramp. Along the mangrove shoreline of the Sebastian River, south prong. Vessel Coordinates: (Degrees -Decimal Minutes) Has law enforcement officer issued a Letter of Removal Authorization: Vessel Color: Vessel Length: Vessel Registration: Investigating Agency: Photo of Vessel: (include photos as attachment in this tab) Select Removal Type: Are there pollutants on the vessel requiring removal? Is the vessel located in or above seagrass or coral? Vessel Removal Cost (Include contractors written quote for the vessel) Contractor's Name: Contractor's Address: Contractor's Phone (N) 27.7932 (W) 80.50945 YES White 31' FL3442ED FWC YES BULK REMOVAL NO NO 7,500.00 Outlaw Maritime LLC 7673 Lakeview Dr. West Melbourne, FL 32904 321 480-2975 85 FWCC21OFF12466 FL3442ED Hatteras, 31' 27.7932 -80.50945 86 QUOTE Outlaw Maritime LLC 7673 Lakeview Dr West Melbourne, FI 32904 772-480-2975 outlawmadtimellc@qmail.com Indian River County Date 10/02/2023 Vessel 31 Hatteras N27 47.5920 W80 30.5670 FLDV0000-17139 PROJECT TITLE: DERELICT VESSEL REMOVAL FWCC21 OFF012466 QUOTE 100220232 Derelict Vessel Removal $7500 $7500 Remove and dispose 31' Hatteras on Sebastian River Subtotal $7500 Please contact me with any and all questions you may have. Thank You. Kevin Miller 87 Attachment A (Submit one (1) sheet for each vessel requested in grant application) Derelict Vessel Data Sheet Law Enforcement Case Number: FWC220N0063053 County of Vessel's Location: Indian River Has the vessel's owner or responsible party been charged with a violation of NO either Section 823.11, F.S. or Section 376.15, F.S.? If the vessel's owner or responsible party has not been charged with a violation of Section 823.11, F.S. or section 376.15, F.S., did law enforcement request that NO the State Attorney file charges directly? Describe the vessel's location: (example: Vessel is in shallow water within mangroves at boat ramp. Vessel is located on the west shoreline of a spoil island in the Indian River Lagoon, IR 3. Vessel Coordinates: (Degrees -Decimal Minutes) Has law enforcement officer issued a Letter of Removal Authorization: Vessel Color: Vessel Length: Vessel Registration: Investigating Agency: Photo of Vessel: (include photos as attachment in this tab) Select Removal Type: Are there pollutants on the vessel requiring removal? Is the vessel located in or above seagrass or coral? Vessel Removal Cost (Include contractors written quote for the vessel) Contractor's Name: Contractor's Address: Contractor's Phone (N) 27.826742151 (W) 80.468072891 YES White 25' FL7895DA FWC YES BULK REMOVAL NO NO 6,500.00 Outlaw Maritime LLC 7673 Lakeview Dr. West Melbourne, FL 32904 321 480-2975 88 FWC22ON0063053 FL7895DA Islander Yachts Inc, 25' 27.8267421515544 -80.4680728912354 11110 k ,% F t` QUOTE Outlaw Maritime LLC 7673 Lakeview Dr West Melbourne, FI 32904 -480-2975 outlawmadtimellc@amail.com Indian River County Date 10/02/2023 VESSEL 2: N27 49.60398 W080 28.13598 I133, SPOIL ISLAND IN SEBASTIAN FWC220N0063053 QUOTE 100220232 Derelict Vessel Removal $6,500 $6500 Vessel 1 remove and dispose 23' sailboat fully submerged Subtotal $6,500 Please contact me with any and all questions you may have. Thank You. Kevin Miller 90 Attachment A (Submit one (1) sheet for each vessel requested in grant application) Derelict Vessel Data Sheet Law Enforcement Case Number: FWC220N0069531 County of Vessel's Location: Indian River Has the vessel's owner or responsible party been charged with a violation of NO either Section 823.11, F.S. or Section 376.15, F.S.? If the vessel's owner or responsible party has not been charged with a violation of Section 823.11, F.S. or section 376.15, F.S., did law enforcement request that NO the State Attorney file charges directly? Describe the vessel's location: (example: Vessel is in shallow water within mangroves at boat ramp. The vessel is located immediately south of the Sebastian Inlet on the east shoreline. The vessel is hard aground adjacent to the mangroves. Vessel Coordinates: (Degrees -Decimal Minutes) Has law enforcement officer issued a Letter of Removal Authorization: Vessel Color: Vessel Length: Vessel Registration: Investigating Agency: Photo of Vessel: (include photos as attachment in this tab) Select Removal Type: Are there pollutants on the vessel requiring removal? Is the vessel located in or above seagrass or coral? Vessel Removal Cost (Include contractors written quote for the vessel) Contractor's Name: Contractor's Address: Contractor's Phone (N) 27 50.5899 (W) 80 26.4210 YES White 42' FL0391TA FWC YES BULK REMOVAL NO NO 10,500.00 Outlaw Maritime LLC 7673 Lakeview Dr. West Melbourne, FL 32904 321 480-2975 91 92 QUOTE Outlaw Maritime LLC PO BOX 360607 Melbourne, FI 32936 772-480-2975 outlawmaritimellc@amail.com Indian River County Date 11/14/2023 PROJECT TITLE: Derelict Vessel Removal Sebastian QUOTE NUMBER: 1142023 Remove and dispose 36' Gulfstar sail boat just south of the Sebastian Inlet at Coconut Point. $10,500.00 1$10,500.00 Subtotal 1$10,500.001 93 QUOTE Please contact me with any and all questions you may have. Thank You. Kevin Miller 94 Derelict Vessel Removal December 2023 DVI FWCC21OFF012463 30' Hunter Marine,= FL5951EP DV2 FWCC21OFF012466 - 31' Hatteras FL3442ED DV3 FWC22ON0063053 25' Islander Yachts FL7895DA DV4 FWC22ON0069531 42' Gulfstar FL0931TA 95 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: November 17, 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: Michael Loveday, Wastewater Superintendent Subject: Final Pay to CenState Contractors, Inc., for the Central Wastewater Treatment Facility RAS/WAS Rehabilitation Descriptions and Conditions: At the April 6, 2021, meeting of the Indian River County Board of County Commissioners (BCC), bid #2021022 for the Central Wastewater Treatment Facility (WWTF) Return Activated Sludge and Waste Activated Sludge (RAS/WAS) Rehabilitation project was awarded to CenState Contractors, Inc. (CenState). Analysis: The Central WWTF RAS/WAS Rehabilitation project has been completed, and CenState has submitted the attached Payment Application No. 14 in the amount of $102,533.93 for final payment. Arcadis, the engineer of record, has recommended approval for the final payment. CenState has received $1,340,066.07 for the project to date. Payment in the amount of $102,533.93 will complete the Indian River County Department of Utility Services' (IRCDUS) obligation to CenState for the Central WWTF RAS/WAS Rehabilitation project in the amount of $1,442,600.00. Funding: Expenses in the amount of $102,533.93, for the final payment will be split between two accounts: The Utilities/Retainage/CWWTF RAS/WAS & RDT account, number 471-206000-19516, from which $70,529.79 will be used; and the Utilities/WIP/CWWTF RAS/WAS & RDT account, number 471-169000- 19516, from which $32,004.14 will be used. Utilities operating funds are generated from water and sewer sales. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Utilities/Retainage/CWWTF RAS/WAS & RDT 471-206000-19516 $70,529.79 Utilities/WIP/CWWTF RAS/WAS & RDT 471-169000-19516 $32,004.14 Total $102,533.93 96 Consent Item Recommendation: Staff recommends that the Board of County Commissioners approve the final pay and release of retainage to CenState Contractors, Inc., for a total of $102,533.93. Attachments: Pay Application No. 14— CenState Contractors, Inc. — WIP 19516 97 Z w Q a x O LL ¢ U LL H w U 0 Z d Z f g LL J � n SAY f c a @) Z w Q a x O LL ¢ U LL H w U 0 Z d Z f CL w O LL Z O Q U J a- a - 0 n. (Y O U Z O U � v g LL � n SAY r c a @) YI op80o0 rx OpO CL w O LL Z O Q U J a- a - 0 n. (Y O U Z O U � v g � n G O YI op80o0 OpO to V1 N h M � Z u � 3 c _ E In E> Vo iaaoi=:{5�yZaQ Jm i C • O F e a F -- € Uf 2 CL w O LL Z O Q U J a- a - 0 n. (Y O U Z O U � v g � n � U r Z LL CL a u LL L LL_ H LL L U a LL LL z z LL aD O I.. 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Thanks very much, Raeanne Raeanne Cone, CGFO Assistant Chief Deputy Comptroller Indian River County Clerk of Circuit Court & Comptroller 180127th Street Vero Beach, FL 32960 772-226-1219 -----Original Message ----- From: Christina Tyrpak Sent: Wednesday, October 18, 2023 4:07 PM To: Raeanne Cone - CoC <rcone@clerk.indian-river.org> Subject: FW: Censtate Importance: High Raeanne- This aeanne- This is the one I was calling about to see if it will work. I'll give you a call in a minute. Thank you! Note: My email address will change from ctvrpak@ircQov.com to ctvrpak@indianriver.eov, please add to your contacts and allow this new domain through your spam filter. Christina Tyrpak Staff Assistant II ctvrpak@iresov.com (772)226-1838 I.R.C. Utilities Department 180127th Street, Bldg. A Vero Beach, FL 32960 "Doing what is necessary today to provide a better Utility tomorrow" 103 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: November 17, 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: GrayMatter Change Order 1 for Industrial Control Systems Network Design Descriptions and Conditions: On January 11, 2022, the Indian River County Board of County Commissioners (BCC) approved the award of Request for Proposal (RFP) 2022014 to GrayMatter Systems, LLC (GrayMatter) to provide Industrial Control System (ICS) Network Design in the amount of $60,448.00. The ICS Design project is a joint initiative by the Indian River County Department of Utility Services (IRCDUS) and Information Technology (IT) to upgrade the County's current ICS and Supervisory Control and Data Acquisition (SCADA) systems, and supporting network infrastructure. These upgrades are intended to enhance the operational efficiency and cybersecurity posture of the County's ICS and SCADA systems. During the course of the design development by GrayMatter, multiple changes were made to the existing ICS and SCADA systems that have required additional changes and updates to the new network design that has been proposed. In addition, GrayMatter has held and will hold additional meetings and follow-ups for documentation review and updating the following: asset inventory, diagrams, documents, bill of materials, estimates, firewalls, internet protocol scheme, and virtualization. Analysis: To address the design changes and additional time required, GrayMatter submitted the attached work order change directive for the amount of $20,250.00. GrayMatter has also requested an extension of the project schedule by four weeks. Staff has reviewed the requested changes and concludes that they are reasonable. Upon approval of the work order by the BCC, the agreement amount for GrayMatter will increase to $80,698.00. Funding: Funds in the amount of $20,250.00 for this project are derived from the Utilities/Gen & Eng/Other Prof/Scada Cyber Security account, number 47123536-033190-23545, which is in the Utilities operating fund. The Utilities operating fund budget is derived from water and sewer revenues. 104 Consent Item Description Account Number Amount Utilities/Gen & Eng/Other Prof/Scada Cyber Security 47123536-033190-23545 $20,250.00 Recommendation: Staff recommends that the Board of County Commissioners approve the Work Order Change Directive with GrayMatter Systems, LLC, in the amount of $20,250.00, for changes, updates, and additional meetings related to the Industrial Control Systems Network Design project, and authorize the Chair to 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 orders, staff is directed to make final payments to GrayMatter Systems, LLC, e. 105 GR"MATTER TO: Cc: FROM: PROJECT: GMS PROJECT NO. CUSTOMER PO: CHANGE TITLE: ISSUE DATE: Dan Russell Jeff Dunham, Kemell Kassim, Aaron Cromer Mandy Urey Indian River Utilities — Industrial Control Systems Network Design 1982 RFP# 2022014 Updated Drawings based on RIO changes November 2, 2023 1 DESCRIPTION OF CHANGE Sites have made changes based on new design around Rio that will require the design documents to be updated. This includes attending vendor meetings and follow ups, documentation review, and updating the following: asset inventory, diagrams, documents, BOMs, estimates, firewalls, IP Scheme, and Virtualization. Meetings to begin immediately to get additional detail. All work will be completed remotely, no travel is included in this change notice. 2 CHANGE REQUESTED BY Indian River Team 3 ESTIMATED EFFECT ON COST: 4 EFFECT ON SCHEDULE ❑ This item will not impact the engineering schedule. Page 1 of 2 WWW.GRAYMATTERSYSTEMS.COM 1 100 GLOBAL VIEW DRIVE WARRENDALE, PA 15086 ( 1-877-741-2410 106 O v GRAYMATTER El This item will impact the engineering schedule. It will, however not prevent completion of the project by the previously agreed to completion date provided that approval of this item is received within 5 working days. F� This item will impact the project schedule by 4 working week(s). 5 REMARKS Engineering effort associated with this item will not be performed until authorization to proceed is received via a fully executed document. NOTICE: This Work Order Change Notice provides details and notification of a change requested by Indian River, or its agents, which affects the existing schedule or cost agreement between Gray Matter Systems and Indian River. This WOCN must be approved before the change may be incorporated. Please sign and date where indicated below and email a copy to the Gray Matter Systems agent specified below. Mandy Urey: murey graymattersystems.com Prepared By: Approved By: Mandy Urey, Project Manager Date Customer Authorized Representative Date Page 2 of 2 WWW.GRAYMATTERSYSTEMS.COM 1 100 GLOBAL VIEW DRIVE WARRENDALE, PA 15086 1 1-877-741-2410 107 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Sean A. Lieske, Acting Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director FROM: Robert S. Skok, Infrastructure Project Manager SUBJECT: Award of Bid No. 2024016 Sporting Clays Facility Improvements (IRC -1847) DATE: November 29, 2023 DESCRIPTION AND CONDITIONS 8,L., The Indian River County Public Shooting Range is located in a wetlands area that can create problems for the range during the rainy season. During the rainy months, the sporting clay course trails within the shooting range become impassable as water stands above ground for very long durations. Staff has designed improvements to the trails that include constructing shell golf cart paths and shooting stand pads. On August 15, 2023, the Board of County Commissioners approved Amendment 3 with the Florida Fish & Wildlife Conservation Commission (FWC) which provides for FWC funding assistance toward these improvements in the amount of $200,000.00. A bid opening for the project was held on November 29, 2023. As summarized below, four (4) responsive bids were received and opened during a public meeting. A detailed bid tabulation is on file and available for viewing in the Public Works Engineering Division. Bid totals are as follows: COMPANY BID AMOUNT GRSC, Inc., Stuart, Florida $399,120.00 Jobear Contracting, Inc., Palm Bay, Florida $518,074.60 SoCal Shaker Plates & Construction Site Services, LLC Lake Elsinore, California $627,267.00 West Construction, Inc. $690,156.00 GRSC, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $399,120.00, which is $27,880, or 6.5%, below the project Cost Estimate of $427,000.00. GRSC, Inc. has not previously worked on a County project. 108 Award of Bid No. 2024016 Sporting Clays Facility Improvements (IRC -1847) For December 5, 2023 BCC Meeting Upon review of the bid and qualifications, County staff has determined that GRSC, Inc. has successfully completed similar projects. The Fiscal Year 2023/2024 Capital Improvement Element (CIE) included an estimated cost of $500,000 for this project. Per FWC Amendment No. 3, the County must fund the project and then request reimbursement from the FWC up to a maximum amount of $200,000.00. If successful in receiving the full reimbursable amount, the overall cost to the County would be $199,120.00. FUNDING The $399,120.00 funding for this project will be budgeted and available in the Optional Sales Tax/Parks/Shooting Range Clays Trail Elevation account, number 31521072-066510-21011, upon approval of the Fiscal Year 2023/2024 Capital Improvement Element. Account Description Account Number I Amount Optional Sales Tax/Parks/Shooting Range Clays Trail Elevation 1 31521072-066510-21011 1 $399,120.00 RECOMMENDATION Staff recommends the project be awarded to GRSC, Inc. in the amount of $399,120.00. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager, and after the Contractor has become registered with the Building Division. ATTACHMENTS Sample Agreement AGENDA ITEM FOR DECEMER 5. 2023 C:\Cr icusUxgistw5\L5\Tcmp\edf6dd25-6d11-473-033-6311b84dbf4a.doc 109 SECTION 00520 Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1- WORK..................................................................................................................2 ARTICLE2 - THE PROJECT.........................................................................................2 ARTICLE3 - ENGINEER.................................................................................................2 ARTICLE 4 - CONTRACT TIMES........................................................... .........................2 ARTICLE S - CONTRACT PRICE ................................ ....... ........3 ARTICLE 6 - PAYMENT PROCEDURES ............... ........... .. ............3 ARTICLE 7 -INDEMNIFICATION ............... ....... ....... .................... ...................5 ARTICLE 8 - CONTRACTORS REPRESENTA ARTICLE 9 - CONTRACT DOCUMENTS . .. ................... ................................6 ARTICLE 10 - MISCELLANEOUS ........ ...... .....................................................7 [The. emainder Pa T BLANK INTENTIONALLY] 110 SECTION 00520 Agreement (Public Works) 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 (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed project ARTICLE 2 - THE PROJECT 2.01 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: SPORTING CLAYS FACILITY IMPROVEMENTS County Project Number: IRC -1847 Bid Number: 2024016 Project Address: 10455 10211 Terrace Sebastian. FL 32958 ARTICLE 3 - ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 90th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 120th calendar day after the date when the Contract Times commence to run. 111 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,699.001 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,699.001 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. 1 Reference for liquidated damages amount Standard Specifications for Road & Bridge Construction'; Flohda Department of Transportation (FDOT) FY 2023-24, Section 8-10.2 for projects over $300,000 but less than $2,000,00. THE ACTUAL LIQUIDATED DAMAGES AMOUNT WILL BE BASED ON THE CONTRACT AWARD AMOUNTAND WILL BE DETERMINED USING THE REFERENCED FDOT CRITERIA ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: umerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. 112 A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until substantial completion of all work to be performed by CONTRACTOR under the Contract Documents. B. For construction projects less than $10 million, at the time the Owner is in receipt of the Certificate of Substantial Completion, the Owner shall have 30 calendar days to provide a list to the Contractor of items to be completed and the estimated cost to complete each item on the list. Owner and Contractor agree that the Contractor's itemized bid shall serve as the basis for determining the cost of each item on the list. For projects in excess of $10 million, owner shall have up to 45 calendar days following receipt of Certificate of Substantial Completion of the project to provide contractor with said list. C. Payment of Retainage - Within 20 business days following the creation of the list, Owner shall pay Contractor the remaining contract balance including all retainage previously withheld by Owner except for an amount equal to 150% of the estimated cost to complete all of the items on the list. Upon completion of all items on the list, the Contractor may submit a payment request for the amount of the 150% retainage held by the Owner. If a good faith dispute exists as to whether one or more of the items have been finished, the owner may continue to withhold the 150% of the total cost to complete such items. The owner shall provide Contractor written reasons for disputing completion of the list. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 6.04 Paragraphs 6.02 and ''03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. 113 ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 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 Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. 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 F. 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. G. 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. H. 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. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 114 J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Contractor is registered with and will use the Department of un Security's E -Verify system (www.e-vedfy_,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. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); _ 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1): 9. General Conditions (pages 00700-1 to 00700-37, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-12, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet (Lof 7), and sheets numbered 2 through 7 of 7, inclusive, with each sheet bearing the following general title: SPORTING CLAYS FACILITY IMPROVEMENTS 13. Addenda (if applicable 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Indian River County Fertilizer Ordinances 115 Appendix C — Indian River County Traffic Engineering Division Special Conditions for Right -of -Way Construction. 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 16. Bid Bond (page 00430-1 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive) - 20. List of Subcontractors (page 00458-1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. 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 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract 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. 10.03 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. 116 10.04 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. 10.05 Venue A. This Contract 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 Contract 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. 10.06 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. [The remainder of this page was left blank intentionally] 117 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 publicrecordsAircgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 B. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] 118 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 day of 20 (the date the Contract 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: la CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest William K. DeBraal, County Attorney Address for giving notices: Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Kirstin Leiendecker, P.E. Title: Assistant Public Works Director 1801 27th Street Vero Beach, Florida 32960 (772) 226-1380 Facsimile: (772) 226-1371 License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) END OF SECTION 119 _ Leslie R. Swan VotelndisnRiversov Indian River County S'upervis®r of Elections 4375 43rd Avenue Vero Beach, FL 32967 772-226-4700 November 21, 2023 The Honorable Susan Adams Chairwoman, Board of County Commissioners Indian River County 1801 27th Street, Building A Vero Beach, FL 32960 Dear Chairwoman Adams: During each election cycle, the County Canvassing Board shall preside over the canvassing of the ballots. F.S. 102.141 states: "The canvassing board shall be composed of the supervisor of elections; a county court judge, who shall act as a chair; and the chair of the board of county commissioners." An alternate Canvassing Board member must also be appointed pursuant to F.S. 102.141. In 2024, there will be three scheduled elections as follows: Presidential Preference Primary Election — March 19, 2024 Primary Election — August 20, 2024 General Election — November 5, 2024 In the event the Chair of the Board of County Commissioners is not eligible to serve for any of the elections conducted in 2024, the Board of County Commissioners shall appoint one of its members to serve for the specified election(s) in which the Chair is unable to serve. The Chair of the Board of County Commissioners must appoint an alternate member for all three elections. The alternate member must follow the same guidelines prescribed in the Election Code as all other county canvassing board members. As a reminder, the Chair of the Board of County Commissioners is ineligible to serve on the County Canvassing Board if any of the following restrictions apply: • The chair is a candidate who has opposition in the election being canvassed • The chair is an active participant in the campaign or candidacy of any candidate who has opposition in the election being canvassed I am requesting that the 2024 Canvassing Board Members be appointed at the December 5, 2023 Board of County Commissioners Meeting. Canvassing Board members are encouraged to attend an on-line Canvassing Board Workshop offered by the Florida Supervisor of Elections Association. Information will be forthcoming. Most sincerely, Leslie R. Swan Supervisor of Elections Enclosure 120 2023 Florida Statutes Title IXELECTORS AND ELECTIONS Chapter 102CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTSEntire Chapter SECTION 141 County canvassing board; duties. 102.141 County canvassing board; duties.— (1) The county canvassing board shall be composed of the supervisor of elections; a county court judge, who shall act as chair; and the chair of the board of county commissioners. The names of the canvassing board members must be published on the supervisor's website upon completion of the logic and accuracy test. At least two alternate canvassing board members must be appointed pursuant to paragraph (e). In the event any member of the county canvassing board is unable to serve, is a candidate who has opposition in the election being canvassed, or is an active participant in the campaign or candidacy of any candidate who has opposition in the election being canvassed, such member shalt be replaced as follows: (a) If a county court judge is unable to serve or if all are disqualified, the chief judge of the judicial circuit in which the county is located must appoint as a substitute member a qualified elector of the county who is not a candidate with opposition in the election being canvassed and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election being canvassed. In such event, the members of the county canvassing board shall meet and elect a chair. (b) If the supervisor of elections is unable to serve or is disqualified, the chair of the board of county commissioners must appoint as a substitute member a member of the board of county commissioners who is not a candidate with opposition in the election being canvassed and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election being canvassed. The supervisor, however, shall act in an advisory capacity to the canvassing board. (c) if the chair of the board of county commissioners is unable to serve or is disqualified, the board of county commissioners must appoint as a substitute member one of its members who is not a candidate with opposition in the election being canvassed and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election being canvassed. (d) If a substitute member or alternate member cannot be appointed as provided elsewhere in this subsection, or in the event of a vacancy in such office, the chief judge of the judicial circuit in which the county is located must appoint as a substitute member or alternate member a qualified elector of the county who is not a candidate with opposition in the election being canvassed and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election being canvassed. 121 (e)1. The chief judge of the judicial circuit in which the county is located shall appoint a county court judge as an alternate member of the county canvassing board or, if each county court judge is unable to serve or is disqualified, shall appoint an alternate member who is qualified to serve as a substitute member under paragraph (a). Any alternate may serve in any seat. 2. The chair of the board of county commissioners shalt appoint a member of the board of county commissioners as an alternate member of the county canvassing board or, if each member of the board of county commissioners is unable to serve or is disqualified, shalt appoint an alternate member who is qualified to serve as a substitute member under paragraph (d). 3. If a member of the county canvassing board is unable to participate in a meeting of the board, the chair of the county canvassing board or his or her designee must designate which alternate member will serve as a member of the board in the place of the member who is unable to participate at that meeting. 4. If not serving as one of the three members of the county canvassing board, an alternate member may be present, observe, and communicate with the three members constituting the county canvassing board, but may not vote in the board's decisions or determinations. 122 10,h C.. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., ICMA-CM, AICP; County Administrator FROM: Brandon C. Creagan, LEED Green Associate; Chief, Current Development DATE: November 20, 2023 SUBJECT: DR Horton, Inc.'s Request for Vacation of the Orchid Reserve Subdivision Plat [PVSD-06-03-05 / 2004050460-95295] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 5, 2023. DESCRIPTION AND CONDITIONS: Masteller & Moler, Inc., on behalf of DR Horton, Inc., is requesting that the Orchid Reserve Subdivision plat be vacated per F.S. 177.101. The Orchid Reserve Subdivision plat is located east of US Highway 1 and approximately 1/2 mile north of County Road 510 (see attachment 1). Approved in 2007, the Orchid Reserve Subdivision plat established 100 townhome lots (plat -over site plan), two private road rights-of-way (Orchid Reserve Lane and Orchid Reserve Circle), County Utilities easements, County limited access easements, and several private easements. The subdivision site is zoned RM -6, Residential Multi -Family (up to 6 units/acre), OCR, Office, Commercial, Residential, and CON -2, Conservation -2, and is currently vacant. The property owner, DR Horton, Inc., owns all of the property within the boundary of the plat. If the plat is vacated the property owner intends to redevelop the area contained within the subdivision area as part of a revised Orchid Reserve plat -over site plan townhome subdivision that will contain the same number of lots but in a slightly different configuration. At this time, the applicant requests that the Orchid Reserve Subdivision plat be vacated. ANALYSIS: The Orchid Reserve Subdivision plat was approved by the Board of County Commissioners on December 18, 2007. That subdivision plat established 100 townhome lots (plat -over site plan), two private road rights-of-way (Orchid Reserve Lane and Orchid Reserve Circle), County Utilities easements, County limited access easements, and several private easements. Land clearing, lake excavation, and mass grading was previously conducted on the site. However, no homes or other infrastructure have been built on any of the subject lots. 123 On May 9, 2023, the current property owner purchased all 100 lots within the Orchid Reserve Subdivision. Therefore, the current property owner owns and controls the entire subdivision including all lots and the common areas. As no County Utilities improvements were ever turned over to the County via the previous project construction, there is no need to retain a County Utilities easement within the platted subdivision area. Vacating the plat will have the effect of abandoning all streets and easements created by the plat, providing a single parcel of land proposed to be redeveloped and replatted based on a revised project layout. It should be noted that the limited access easements that were dedicated to the County via the current plat will be vacated, and then new limited access easements will be dedicated to the County via a new final plat in the future. Consistent with guidelines established by the Board of County Commissioners, the subject plat vacation request was reviewed by all County divisions and utility providers having jurisdiction or potential interests within the platted area. All reviewing departments determined that there is no need for the private right-of-way or the easement within the platted area, and have recommended approval of the requested plat vacation with no conditions. Also, the County Attorney's Office has reviewed and approved the attached plat vacation resolution for legal form and sufficiency, and staff has no objection to the requested plat vacation. RECOMMENDATION: Staff recommends that the Board of County Commissioners vacate the Orchid Reserve Subdivision plat and authorize the chairman to execute the attached plat vacation resolution. ATTACHMENTS: 1. Location Map 2. Plat Vacation Resolution 124 2 CL m O 4-+ u O J RESOLUTION 2023 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF ORCHID RESERVE SUBDIVISION, PLAT BOOK 23, PAGE 53, INDIAN RIVER COUNTY, FLORIDA, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on July 6, 2023, Indian River County received a duly executed and documented application from DR Horton, Inc. requesting that the County vacate the plat of Orchid Reserve Subdivision recorded in Plat Book 23, Page 53 of Indian River County, Florida, said land lying and being in Indian River County, Florida; and WHEREAS, in accordance with Florida Statutes 177.101, notice of the intent to apply for plat vacation was duly published by DR Horton, Inc. in two weekly issues of a newspaper of general circulation in the County; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that DR Horton, Inc. owns the fee simple title to all lands within the Orchid Reserve Subdivision; and WHEREAS, the Board further finds that vacation of the subdivision plat will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The plat of Orchid Reserve Subdivision recorded in Plat Book 23, Page 53 of Indian River County, Florida, is hereby vacated. (See Exhibit A attached.) 2. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 177.101 in the Official Record Books of Indian River County without undue delay. 3. This resolution for the vacation of the Orchid Reserve Subdivision plat shall not affect any existing utility rights outside of the plat boundary. 4. This resolution for the vacation of the Orchid Reserve Subdivision plat shall not affect any other plat or easements of record. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Deryl Loar Commissioner Joseph H. Earman Attachme}2d RESOLUTION 2023 - Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of , 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller BY: Deputy Clerk I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY mm William K. DeBraal, County Attorney APPROVED AS TO PLANNING MATTERS : Notary Public Andrew Sobczak, Planning & Development Services Director Attachmqill 24 W ^� y„y♦♦ � 2 i �_ a � t Z LL O z W �' w �m m� �= mom°3o<� n 3ry ti J O Zm EV 30 'm F O Uw a t1 H 0O gg� < ° "n h 9 Src t; a o $ `� � ¢ 3 `� ° c� g lip 4.L 4j � g ,PN aR•S'Q^jRrR W `doa18°wLLd3 owo� S.u�Moa1c.,M.O� a^au Z5�¢ ii ig19p°io 3o u� �a 91. y] �woy4�a owi u °�' o°z qi •R'� of �° �S N ,PN'�1'gJg Js. ° ill acs<o o"° 3 w ¢i ; a �s xm oe 3 g[ dF" boaa �azo�m'NO R zr Hgg aoo' rc 0” 90 oip2 S c b � ]AV MIAf "JO z' Q a oFoor.OR a„ w)Z C i- �O yM Z, �O < > 3 3W �� Uy ,` O Sao zds���q-$ i i a3 ¢ ug :e s li)i & ; i .a o�LL �w;a��°p'c °� °Oo o$ F 4 4 �� p� QQ ua: ss 4 0 on�a°m o Y„ o <F�w a.: ' �qu ?o <3z go a zq � :a ig $ � LL z S a x 3 .N -'i _ rco= 3w cg 3 oar s 0 0 ow w��ww�-°�zw °ALL �w m� �° R�� � �s °_� 0 o"z z gg?oSw N. m'. H Xo �`: cq ib �° a� >ag�°n ��93� z. 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Staff Recommendation ➢ That the BCC vacate the Orchid Reserve Subdivision plat. 5 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., ICMA-CM, AICP; County Administrator FROM: Ryan Sweeney; Assistant Planning & Development Services Director DATE: November 22, 2023 SUBJECT: Windsor Properties, Inc.'s Request to Rezone Approximately 52.96 Acres from A-1, Agriculture -1 and RS -3, Residential Single -Family to PD, Planned Development and to Obtain Conceptual PD Plan Approval for a Project to be known as Windsor North Village PD [PD -23-01-01 / 2001080111-93560] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 5, 2023. DESCRIPTION & CONDITIONS: This is a request by Windsor Properties, Inc., through their agent MBV Engineering, Inc., to rezone approximately 52.96 acres from A-1, Agriculture -1 (up to 1 unit/5 acres) and RS -3, Residential Single - Family (up to 3 units/acre) to PD, Planned Development. As part of the rezoning request, a conceptual PD plan has been submitted for review and approval (see attachment 3). The purpose of this request is to secure a development approval which allows construction of maximum of 40 single-family units, 6 multi- family units, a fitness center, and a staff parking area, at an overall project density of .87 units/acre. The project site is mostly vacant, and is located between Highway AIA and Jungle Trail, immediately north of the existing Windsor PD development (see attachments 1 and 2). It should be noted that the southeastern portion of the project site is currently platted as the Ocean Way Subdivision. However, if the subject PD project is approved, then that subdivision plat will be vacated via a separate, formal plat vacation process. On March 27, 1990, the Board of County Commissioners (BCC) granted conceptual planned residential development (now called planned development) and special exception approval for the original Windsor PD project. The Windsor PD project consisted of 400 acres, and included a maximum total of 400 units (variety of home types), a polo field and horse -related facilities, a beach club, golf course and clubhouse, and various common areas and community buildings. The project was designed using New Urbanism concepts, which were new community planning concepts at that point in time. Over the past ±30 years, the Windsor PD project has been constructed and platted in phases, and is currently built -out (with the exception of a few vacant lots and/or tear downs and rebuilds). The proposed Windsor North Village PD project was not a part of the original Windsor PD project. However, it will be designed in a similar manner, using the same New Urbanism concepts, and will be interconnected via several internal roadway connections. The project will be a part of the master property C:\Granicus\Legistar5\L5\Temp\31nc5f79-d413-41d1-8479-flac8476495f.docx 131 1 owners association, and will be subject to the master Declaration of Covenants, as well as, the Windsor Code (private development regulations). Also, all residents/members of the original Windsor PD project will have access to the proposed new fitness center located within the North Village project area. Planning and Zoning Commission (PZC) Recommendation: At its meeting of October 26, 2023, the PZC voted 7-0 to recommend that the BCC approve the PD rezoning and the conceptual PD plan with the conditions recommended by staff, and one additional/revised condition of approval (see next paragraph). The PZC also approved the concurrent preliminary PD plan/plat subject to BCC approval of the PD rezoning and conceptual PD plan. During the PZC public hearing, one adjacent property owner, Mr. Paul Reinecke, requested that the northern 8' tall masonry wall proposed between the Wabasso Estates Subdivision and the project's proposed northern private road connection to Highway AIA be removed from the project. Mr. Reinecke suggested that because the northern private road connection will be a gated, resident -only connection, the vehicular traffic on that road should be minimal, and an 8' tall masonry wall should not be necessary. Mr. Reinecke also requested that the northern driveway not be utilized as a construction entrance for the project, but did acknowledge that there would be some noise and disturbances caused by the actual clearing, grading, and paving of the new road. Based on feedback from Mr. Reinecke and the PZC, staff has updated the staff recommendation to the BCC accordingly (see condition 2e). It should be also noted that several other adjacent or nearby property owners expressed their concerns over different aspects of the project during the PZC public hearing. However, no other substantive changes have been made to the project design or staff's recommendation. BCC Review: The BCC is now to review the application, conduct a public hearing, and make a final decision to approve, approve with conditions, or deny the PD rezoning request and the accompanying conceptual PD plan. Planned Development Rezoning: The overall project site contains ±52.96 (gross) acres, with ±46.90 acres zoned A-1, Agriculture -1 (up to 1 unit/5 acres) and ±6.06 acres zoned RS -3, Residential Single -Family (up to 3 units/acre). Because the developer is proposing a mixture of single-family homes and few multi -family units, the project site must be rezoned to PD, Planned Development. If the subject application is approved, the entire site will be rezoned to PD and will be governed by the approved conceptual PD plan. The PD Zoning District Generally: A number of residential projects have been approved through the PD rezoning process. These include Harmony Reserve, Pointe West, Old Orchid, Woodfield, Waterway Village, and Citrus Springs. Unlike standard zoning districts, PD districts have no prescribed limits regarding lot size or dimensional criteria. Instead, the PD district is based on the underlying land use designation for density and use limitations, and on PD compatibility requirements regarding lot sizes and setbacks. In the PD zoning district, setbacks and other typical zoning district regulations are established on a project -by -project basis through approval of a C:\Granicus\Legistar5\L5\Temp\3fOc5f79-d413-4ldl-8479-flac8476495f.docx 132 2 conceptual PD plan. Adopted as part of the PD zoning designation for a property, the conceptual PD plan establishes the general unit arrangement, lot size, and dimensional standards for the overall project. A rezoning to the PD district requires submission of a binding conceptual PD plan which, along with certain PD district requirements, limits uses, and sets -forth specific development standards on the site. Thus, a PD rezoning allows a unique PD district to be developed specifically for each development site. In Planning staff's opinion, the PD rezoning option is an appropriate mechanism for approving a mixture of residential unit types within the L-1, Low -Density Residential -1 land use designation. Unlike other zoning districts, the PD zoning district allows the County to consider the appropriateness of the proposed development design and project benefits as part of the rezoning request. The PD Rezoning Process: The PD rezoning review, approval, and development process is as follows: STEP 1. Rezoning and Conceptual PD Plan Approval: Review and recommendation made by staff and by the PZC. Final action taken by the BCC. STEP 2. Preliminary PD Plan/Plat (combination of site plan and preliminary plat) Approval: Review and recommendation made by staff. Final action taken by the PZC. Must comply with the approved conceptual PD plan and any conditions imposed by the BCC at the time of PD zoning approval (Step 1). STEP 3. Land Development Permit (LDP) or LDP Waiver: Reviewed and issued by staff for construction of subdivision improvements (road, utilities, drainage). STEP 4. Building Permit(s): Reviewed and issued by staff for construction of buildings. STEP 5. Final PD Plat Approval: Review and recommendation made by staff. Final action taken by the BCC. STEP 6. Certificate of Occupancy: Issued by staff (after inspections) for use and occupancy of buildings. The applicant is seeking concurrent approval of Steps 1 and 2 at this time. Once a PD conceptual plan is approved, only minor modifications to the conceptual plan may be approved at a staff level. Any changes proposed to an approved conceptual plan that would significantly reduce setbacks (by more than 20%), intensify the site use (e.g. increase the maximum number of units), or reduce compatibility elements (e.g. reduce buffering) may be approved only via a process involving public hearings held by both the PZC and the BCC. Proposed PD District for the Project Site: The subject site has an L-1, Low -Density Residential -1 land use designation. Since the land use designation controls the use of the property by limiting the zoning districts applicable to the property, any rezoning must be compatible with the uses and densities allowed by the property's land use designations. Once a specific PD rezoning is approved for a site, the applicable PD conceptual plan adopted as part of C:\Granicus\Legistar5\L5\Temp\3fOc5f79-d413-41d1-8479-flac8476495f.docx 133 3 the rezoning will control the types of specific uses and the densities allowed on the subject site. The conceptual PD plan will also establish the dimensional criteria applicable to the site. Although PD zoning district parameters are flexible, certain standards related to uses, compatibility (buffering), infrastructure improvements, dimensional criteria, and open space areas are set forth in Chapter 915, Planned Development Process and Standards for Development of the County's land development regulations (LDRs). For comparison and analysis, staff is providing two tables. The first table lists the allowable uses within the A-1 zoning district, the RS -3 zoning district, and the proposed PD district. The second table lists the development parameters for the A-1 zoning district, the RS -3 zoning district and the proposed PD district (waivers). Table 1: Use Table Use A-1 District RS -3 District Proposed PD District Single -Family Permitted Permitted Permitted Multi -Family Prohibited Prohibited Permitted Fitness Center Prohibited Accessory Use Only* Permitted with Conditions** Staff Parking Area Prohibited Accessory Use Only* Permitted with Conditions** Notes: * Prohibited as a stand-alone use; however, permitted as an accessory use/tract within a single-family subdivision or PD project ** Permitted subject to the conditions outlined in the PD Plan Analysis section of this report. Table 2: Development Parameters Development Parameter/Waiver A-1 RS -3 Proposed PD Minimum Lot Size 200,000 SF 12,000 SF 11,250 SF Minimum Lot Width 150' 80' 75' Front Setback 30' 25' 0' Side Setback 30' 15' 0' Rear Setback 30' 25' 0' Maximum Building Coverage per Lot 20% 30% 80% Minimum Open Space per Lot 60% 40% 0% Minimum Open Space Overall Project 60% 1 40% 56% Note: All proposed buildings and structures within Windsor North Village PD must be designed, permitted, and constructed in accordance with the Windsor Code. See Section 15 of the PD Plan Analysis section of this report for more details. All building and structures must also meet all applicable County LDR requirements, and the Florida Building Code. PD REZONING ANALYSIS: Existing Zoning and Land Use Pattern: The overall project site is approximately 52.96 acres. Most of the project site consists of abandoned citrus groves, and the southeast portion of the project site is currently platted as the Ocean Way Subdivision. Due C:\Granicus\Legistar5\L5\Temp\31llc5f79-d413-41d1-8479-flac8476495f.docx 134 4 to the unique shape of the project site, some of the descriptions of the adjacent zoning and land use pattern are further separated into sub -sections. • North of the overall project boundary is the Pelican Island National Wildlife Refuge (PINWR), and is zoned CON -1, Public Lands Conservation District. o North of the southeast portion of the overall project site (i.e. the portion platted as Ocean Way Subdivision) is the Turtle Cove Subdivision, which is a conventional single-family subdivision that is zoned RS -3. East of the project site is Highway AIA. All of the properties east of Highway AIA, with exception of one privately owned, single-family parcel, are owned by the County, State, or Federal government. Those properties are undeveloped, and are zoned RS -3. • South of the overall project boundary is the original Windsor PD project. All of the original Windsor PD project is zoned RS -3. o South of the northeast portion of the overall project site is the Wabasso Estates Subdivision which is a conventional single-family subdivision that is zoned RS -3. • West of the project site is Jungle Trail and then the Indian River Lagoon. Consistency with the Comprehensive Plan: Rezoning requests are reviewed for consistency with the goals, objectives, and policies of the comprehensive plan and must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map. The goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify the actions which the County will take in order to direct the community's development. As courses of action committed to by the County, policies provide the basis for all County land development related decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following policies and objectives. Future Land Use Policy 2.2: Indian River County shall encourage and direct growth into the 2030 Urban Service Area through zoning, subdivision, and land development regulations. Such regulations shall promote efficient development by requiring utilization of the existing street system, extension of public facilities where necessary, connection to the centralized potable water and sanitary sewer systems where available, and incentives for mixed use projects. Note: The project site is located within the 2030 Urban Service Area, and will connect to the existing street system (Highway Al A). The project will be served by County water and sewer, and will provide an appropriate mix of single-family and multi -family units. Therefore, the proposed PD district and accompanying conceptual PD plan are consistent with Policy 2.2. Future Land Use Policy 5.3: Indian River County zoning districts shall permit a variety of residential building and development styles; and Future Land Use PolicYS_5: Indian River County LDRs shall contain a special Planned Development (PD) C:\Granicus\Legistar5\L5\Temp\3fOc5f79-d413-41d1-8479-flac8476495f.docx 135 5 zoning district. That district shall be designated as an overlay on the County Zoning Atlas. The PD zoning district is intended to provide for the development of projects which require flexibility in order to maximize open space, conserve natural features, provide alternative designs, incorporate recreational facilities, create a mix of uses, and provide a variety of housing choices. Note: The proposed PD district and accompanying conceptual PD plan are consistent with these policies because the Windsor PD plan proposes a mixture of residential building types and creates a unique since of community through the application of New Urbanism design concepts. The project design also provides a significant amount of common open space with enhanced environmental features. Future Land Use Polio The County shall review and evaluate proposed development projects to ensure that stormwater runoff from the new development will not negatively impact adjacent properties or receiving surface waterbody quality. Note: The project's conceptual stormwater management design proposes a unique and enhanced stormwater treatment system that will exceed stormwater treatment requirements, and will not negatively impact the nearby Indian River Lagoon. See Section 10 of the PD Plan Analysis portion of this report for more details. While the referenced policies and objectives are particularly applicable to this request, other comprehensive plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all plan policies and objectives. Based on that evaluation, staff determined the proposed PD district and accompanying conceptual PD plan are consistent with the comprehensive plan. Compatibility with Surrounding Areas: Compatibility is an important consideration in any PD rezoning request. In this case, it is important to consider compatibility of the proposed project with properties in the immediate area, and those within the general area. Immediate Area — Overall Project Perimeters: The property along the north of the overall project boundary is the Pelican Island National Wildlife Refuge (PINWR). Based on the land use designation of the PINWR property (C-1, Conservation -1), the PD regulations require a 25' wide Type `B" buffer along the north project boundary. The proposed conceptual PD plan and conceptual landscape plan provide the required 25' wide Type `B" buffer in the form of a 25' wide tree preservation area along the "east half' and a 25' wide maritime hammock planting area along the "west half' (see attachments 3 and 4). The properties along the east project boundary consist of two existing conventional single-family subdivisions (Turtle Cove Subdivision and Wabasso Estates Subdivision) and a vacant, preserve area owned by the U. S. Fish & Wildlife Service (which is a portion of the larger Archie Carr National Wildlife Refuge). To ensure compatibility, the PD regulations require a 25' wide Type `B" buffer along the east project boundary, and the proposed conceptual PD plan and conceptual landscape plan provide the required 25' wide Type `B" buffer (see attachments 3 and 4). The properties along the south project boundary are part of the original Windsor PD project. The proposed project has been designed as an extension of the original Windsor PD project, and is interconnected via several internal roadway connections. Therefore, no additional buffering or compatibility measures are C:\Granicus\Legistar5\L5\Temp\3fnc5f79-d413-41d1-8479-flac8476495f.docx 136 6 required per the PD regulations, and none are proposed. To the west of the project site is Jungle Trail and the Indian River Lagoon. The PD regulations do not require a specific buffer type or compatibility measure. However, the Jungle Trail Management Plan does require a 30' wide buffer easement, and the proposed conceptual PD plan provides the required Jungle Trail buffer easement (see attachment 3). Immediate Area — Special Compatibility Areas: The project site has two narrow, linear areas that connect the main project site to Highway AIA (see attachment 3). The southern linear area, which is currently platted as the Ocean Way Subdivision, is ±200' wide from north to south. The southern linear area is located immediately south of the Turtle Cove Subdivision. The project's current design proposes 6 single-family lots (west half of linear area) and the staff parking area (east half of the linear area). Based on the L-1, Low -Density Residential -1 land use designation of adjacent Turtle Cove Subdivision properties, the PD regulations require a 25' Type `B" buffer without a specified/required opaque feature. The proposed conceptual PD plan and conceptual landscape plan provide the required 25' wide Type `B" buffer between the 6 proposed single-family lots and the adjacent single-family homes to the north (see attachments 3 and 4). However, due to the proposed staff parking area, staff is requiring a 50' landscape wide buffer (tree preservation area) and an 8' tall masonry wall along the entire limits of the staff parking area, which is ±825' long (east to west). Through considerable coordination between staff and the developer, the proposed conceptual PD plan and conceptual landscape plan provide the required 50' wide buffer (tree preservation area) and an 8' tall masonry wall, and the wall will be constructed as early as possible during construction of Phase 1. The northern linear area is ±100' wide from north to south, and is located immediately north of the Wabasso Estates Subdivision. Based on the L-1 land use designation of adjacent Wabasso Estates Subdivision properties, the PD regulations require a 25' Type `B" buffer without a specified/required opaque feature. The proposed conceptual PD plan and conceptual landscape plan provide the required 25' wide Type `B" buffer. Originally, staff also recommended an 8' tall masonry wall along the entire limits of the subdivision's frontage on the northern private road. However, based on feedback provided during the October 26, 2023 PZC meeting, the proposed northern wall has been removed from staff s recommendation. General Area: The project site is located within the North Barrier Island portion of the County, which consists of all of the barrier island from the northern limits of the Town of Indian River Shores to the Sebastian Inlet. Most of this area is under the zoning and development jurisdiction of unincorporated Indian River County, except the Town of Orchid. The proposed PD project design, which is an extension of the existing Windsor PD project, is consistent with the predominantly low-density, single-family development pattern that currently exists within the North Barrier Island. Staff's position is that granting the request to rezone the property to the proposed PD district, which includes enhances compatibility measures in certain areas, will result in a development that is compatible with both the immediate area and larger general surrounding area. Concurrency Impacts: A conditional concurrency certificate has been issued for the project. Concurrency is discussed in more C:\Granicus\Legistar5\L5\Temp\3fOc5f79-d413-41d1-8479-flac8476495f.docx 137 7 detail in the PD Plan Analysis section of this staff report. Environmental Impacts: Environmental issues are addressed in the PD Plan Analysis section of this report. PD PLAN ANALYSIS: 1. Project Area: 52.96 acres (gross) 2. Zoning Classification: Current: A-1, Agricultural -1 (up to 1 unit/5 acres RS -3, Residential Single -Family (up to 3 units/acre) Proposed: PD, Planned Development 3. Land Use Designation: L-1, Low -Density Residential -1 (up to 3 units/acre) 4. Number of Units: 46 units (maximum) 5. Density: Proposed: 0.87 units/acre Maximum: 3.00 units/acre 6. Open Space: Required: 40.0% Proposed: 56.0% 7. Phasing: The project is proposed to be constructed in two separate phases. Phase 1 will consist of the 34 single-family lots and most of the common area infrastructure. Phase 2 will consist of the 6 remaining single-family units, 6 multi -family units (two townhome buildings), the fitness center, and the staff parking area. 8. Utilities: The project will be served by public water and sewer service provided by County Utility Services. The County Department of Utility Services and the Department of Health have approved these utility provisions. 9. Traffic Circulation: Primary access to the overall project site will be provided via an existing private roadway connection to Highway A1A, currently know as Ocean Run Lane, which currently provides access to the north end of the Windsor PD project. A new, gated, resident -only private roadway connection to Highway AIA is proposed along the north end of the proposed Windsor North Village PD project. The new roadway connection will be served by a new southbound right turn lane on Highway AIA, and that right turn lane will also be extended to serve the existing private roadway connection for the Wabasso Estates Subdivision (110t' Place). The project also proposes a new northbound left turn lane on Highway A 1 A to serve 110th Place and the new northern roadway connection. The project design also proposes several interconnected, internal roadway connections to the existing Windsor PD project. Therefore, residents of the existing Windsor PD project will have convenient internal access to the new fitness center, and can utilize the new northern roadway connection. Similarly, residents of the proposed Windsor North Village PD project will be able to utilize any of the Windsor PD project's existing roadway connections to Highway AIA. C:\Granicus\Legistar5\L5\Temp\3fOc5f79-d413-41d1-8479-flac8476495f.docx 138 8 The proposed driveway connections and traffic circulation plan have been reviewed and approved by Traffic Engineering and Fire Prevention. Additionally, Traffic Engineering reviewed and approved the traffic impact study (TIS) submitted by the applicant. Based on the approved TIS, no off-site traffic improvements are required. The northbound left and southbound right turn lanes on Highway AIA are specifically required by the Florida Department of Transportation (FDOT) as a safety improvement for the overall area. 10. Stormwater Management: The project's conceptual stormwater management design proposes a unique and enhanced stormwater treatment system. All stormwater runoff generated by the project will first be stored and treated in the project's primary freshwater stormwater pond located in the center of the project site (see attachment 3). The pre-treated stormwater will then outfall into a manmade saltwater estuary along the western portion of the project site, where it will mix with saltwater that is tidally connected to the Indian River Lagoon. During peak rainfall, the brackish estuary water will ultimately outfall back into the Indian River Lagoon; however, that water will be cleaner and less impactful than a standard stormwater treatment system. Public Works has reviewed and approved the project's preliminary stormwater management design. The final stormwater management design will be reviewed and approved by the Public Works Department via the County land development permit (LDP) review process. 11. Required Dedications and Improvements: a. Internal Sidewalk/Pedestrian System: An internal pedestrian system is required and proposed throughout the overall project. The final design of the internal pedestrian system will be reviewed via the LDP for each project phase, and will need to be constructed along the frontage of common areas and individual lots in accordance with the requirements of Section 913.09(5)(b)2 of the subdivision ordinance. b. Streetlighting: Streetlights are required and proposed, and will be maintained by the property owners' association. The developer is proposing to use the same low-level, low -intensity type of streetlights that are currently provided throughout the Windsor PD project. The final design of the streetlights and locations will be reviewed via the project's LDP. c. Common Green Space and/or Recreation Area: At least 7.5% of the total site area shall be set- aside as dedicated common green space and/or recreation area. For this project, the developer proposes to provide 19.78 acres, which is 37.3% of the site. The proposed recreation areas consist of multiple common areas/green spaces, walking tails with observation areas, the manmade estuary, and the fitness center. 12. Landscape and Buffering Plan: The applicant has provided a conceptual landscape plan that meets the criteria of Chapter 926, and is sufficient for conceptual PD plan approval (see attachment 4). A detailed description of each required perimeter buffer is provided above in the PD Rezoning Analysis section of this report. Detailed landscape plans will be submitted with the LDP plans for each phase, and must be approved by staff prior to the issuance of an LDP for each phase. 13. Environmental and Archeological Issues: a. Wetlands: There are approximately .65 acres of isolated, non jurisdictional wetlands located in C:\Granicus\1 egistar5\L5\Temp\3fOc5f79-d413-41d1-8479-f1ac8476495f.docx 139 9 the northwest portion of the project site that will be filled. Impacts to those wetlands will be mitigated on-site within the manmade estuary area. Prior to issuance of land clearing and tree removal permits, the applicant must obtain a County wetlands resource permit. b. Uplands: Since the site is over 5 acres, the County's native upland set-aside requirement potentially applies. Because the site was previously cleared for agricultural use, there are no existing native uplands. Therefore, no native upland set-aside requirements apply to the proposed development. c. Tree Mitigation: The majority of the project site is former citrus groves. However, there are small portions of the site that are partially wooded with a mixture of palm, hardwood, and non - hardwood tree species. Mitigation is required for removal of any native hardwood trees over 12" DBH and cabbage palms with 10' or more of clear trunk. All invasive exotics will be removed during development. Additional tree mitigation details will be provided with the preliminary PD plan for each phase. The developer must obtain Environmental Planning staff approval of the final tree protection and mitigation plan, prior to the issuance of an LDP for each respective project phase. d. Archeological Resources: The project site is located in an area determined to have a higher likelihood of archeological resources than most parts of the County. Based on that likelihood, Phase I and Phase II archeological surveys have been conducted and provided for County staff's review. Additionally, the applicant has coordinated with the Florida Department of State, Division of Historical Resources (DHR). The applicant will need to provide an official determination from the DHR, prior to the issuance of an LDP for Phase 1. e. Jungle Trail Management Plan: The project site has ±1,400' of frontage along Jungle Trail, and is subject to the Jungle Trail Management Plan (JTMP). The project design does not propose any direct vehicular connections to Jungle Trail, but does propose a limited, nonmotorized connection for a dock/kayak launch. The project design includes 10' wide limited access easement, and a 30' wide Jungle Trail buffer easement along the project's entire Jungle Trail frontage. All proposed improvements within the Jungle Trail ROW will require review and compliance with the JTMP, prior to issuance of an LDP for Phase 1. The 10' wide limited access easement and a 30' wide Jungle Trail buffer easement shall be established via the final plat for Phase 1. f. Pelican Island National Wildlife Refuge: The project site is located immediately south of the Pelican Island National Wildlife Refuge (PINWR). Staff from the PINWR has actively participated in the project's development process. Through coordination with PINWR staff, the developer is proposing to remove all invasive trees and plant materials along the southern 25' of the PINWR (i.e. 25' north of the northern limits of the project site). The developer is also proposing to restore a 25' wide maritime hammock planting area along the project site's northern property boundary. Lastly, the developer is proposing to clear and regrade several existing swales along the common property boundary between the project site and the PINWR to provide better drainage for both sites. The must obtain all necessary permits and/or approvals from PINWR staff prior to issuance of an LDP for Phase 1, and shall complete all required improvements prior to issuance of a certificate of completion (C. of C.) for Phase 1. 14. North Barrier Island Corridor Regulations: The project site is subject to the North Barrier C:\Granicus\Legistar5\L5\Temp\31Uc5f 79-d413-41 d1-8479-flac8476495f.docx 14010 Island Corridor special development regulations. These regulations include special site design regulations for building materials, building colors, roof design, site lighting, screening of visually offensive elements, signs, and landscaping. All applicable project elements have been reviewed, and staff has determined that the proposed project meets the corridor regulations. 15. Windsor Code Requirements: The Windsor Code includes a total of 7 sections, and regulates items such as architectural standards, building placement standards, landscaping standards, and building materials. The Windsor Code requires building design and building placement that ultimately achieves a unique neighborhood aesthetic. The Windsor Code also establishes a private architectural review procedure, and all buildings and structures will require approval through the private architectural review procedure. 16. Ocean Way Subdivision Plat Vacation: A portion of the project site is currently platted as the Ocean Way Subdivision. The Ocean Way subdivision consists of 12 vacant, single-family lots and a private road ROW (Ocean Run Lane). The subdivision is entirely owned by Windsor Properties, Inc. If the subject PD project is approved, then that subdivision plat will be vacated via a separate, formal plat vacation process as outlined in the County LDRs and Florida Statutes. 17. Neighborhood Interest in the Project and Town Hall Meeting: It should be noted that a number of adjacent property owners from the Turtle Cove Subdivision and the Wabasso Estates Subdivision have been aware of this project from its initial submittal. Those property owners have participated in the development review process, and generally do not oppose the overall project design. However, most residents of the Turtle Cove Subdivision have expressed their significant concern for the proposed staff parking area, and some residents of the Wabasso Estates Subdivision have expressed concern over the project's proposed northern private roadway connection to Highway AIA. As described in other sections of this report, Planning staff and the developer have negotiated the size and scope of the proposed staff parking area, and the increased buffering and wall requirements between the staff parking area and the Turtle Cove Subdivision. Staff also negotiated the increased wall requirements between the project's northern private roadway connection to Highway Al and the Wabasso Estates Subdivision. These negotiated compatibility improvements are above and beyond the LDR requirements. Also, at the recommendation of staff, the developer hosted a "town hall" style meeting to describe the project design and details to the surrounding property owners on October 7, 2021 at 5:30 PM. The meeting was held at the town center building within Windsor, and approximately 30 adjacent property owners attended. Staff also attended the meeting to observe and help answer process related questions. 18. Concurrency: As required under the County's concurrency regulations, the applicant has applied for and obtained a conditional concurrency certificate for the project. The concurrency certificate was issued based upon a concurrency analysis and a determination that adequate capacity was available to serve this project at the time of the determination. 19. Public Benefits: For all PD projects, applicants must identify the public benefits that the project will provide in exchange for requested waivers or incentives being sought by the applicant. For the proposed project, the public benefits provided over and above a conventional development plan are as follows: C:\Granicus\Legistar5\L5\Temp\3fOc5f79-d413-41 d1-8479-flac8476495f docx 14111 Manmade Estuary and Enhanced Stormwater Treatment: As described in above -reference Section 10 of this report, the developer is proposing a manmade saltwater estuary that will be tidally connected to the Indian River Lagoon. The estuary will provide new habitat and foraging area for native plants and animals in the area. The project's stormwater design will also provide enhanced stormwater treatment for the project's stormwater runoff. • Partnership with Pelican Island National Wildlife Refuge: Through discussions with PINWR staff, the developer has agreed to provide the improvements outlined in Section 13f., which include the removal of invasive trees and plants, establishment of a 25' wide maritime hammock planting area, and drainage improvements. Highway AIA Turn Lanes: The project's approved TIS did not require or warrant the project's northbound left and southbound right turn lanes, and if the project were accessed by a County road, they would technically not be required by the County LDRs. It is acknowledged that FDOT is requiring the turn lanes as a safety improvement for the overall area. However, because the turn lanes will serve both the project's northern roadway and 110th Place, and will improve traffic safety along that segment of Highway AIA, the turn lanes are considered a public benefit. All conditions recommended by staff have been accepted by the applicant. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant approval of the PD rezoning request and the conceptual PD plan, with the following conditions: Prior to issuance of land clearing and tree removal permits, the developer must obtain a County wetlands resource permit. 2. Prior to issuance of a land development permit for Phase 1, the developer shall: a. Vacate the Ocean Way Subdivision plat via the formal plat vacation process. b. Provide an official determination from the Florida Department of State, Division of Historical Resources. c. Obtain all required permits and/or approvals from Pelican Island National Wildlife Refuge staff. d. Obtain staff approval of all proposed improvements within the Jungle Trail ROW and/or the Jungle Trail buffer easement, and demonstrate consistency with the Jungle Trail Management Plan. e. The 8' tall masonry wall along northern boundary of the Wabasso Estates Subdivision shall be removed from all future land development permit plans, and the northern private driveway shall not be utilized as a construction access. 3. Prior to issuance of a land development permit for any respective phase, the developer shall: a. Obtain Planning staff approval of the final landscape plan for the respective phase. b. Obtain Planning staff approval of the final streetlighting plan for the respective phase. c. Obtain Environmental Planning staff approval of the final tree protection and mitigation plan for the respective phase. 4. The developer shall install the 8' tall masonry wall along southern boundary of the Turtle Cove Subdivision as early in the site development process as possible. C:\Granicus\Legistar5\L5\Temp\3fDc5f79-d413-41d1-8479-flac8476495f.docx 14212 5. Prior to issuance of a certificate of completion for Phase 1, the developer shall: a. Pass the final inspection for each the building permit for each respective masonry wall. b. Install the northbound left and southbound right turn lanes on Highway AIA. 6. The developer shall establish the required 10' wide limited access easement and 30' wide Jungle Trail buffer easement prior to or via the Phase 1 final plat. ATTACHMENTS: 1. Location Map 2. Aerial 3. Conceptual PD Plan 4. Conceptual Landscape Plan 5. PD Rezoning Ordinance C:\Granicus\Legistar5\L5\Temp\3fOc5f79-d413-41d1-8479-f1 ac8476495f docx 14313 a 4 - M 0 v g 0 0 o 0 o g D O O O i O � Q o i r M o m c C G # rn uwwon3na avian y�p�pp foMYNG LAIN ` a�0 Rl[M VJ 9N11ai+MJIH 9n1110iDJ b �`����' 91 YV2M1M9Afl1Mp VIOLA ' '0'd 3`S%gllA kJON ° a )NI'DJNM33NIDN3 Nvidlvla3v �' Nn aOSONIM t � i c �- � C �w wwaoa.� IL wor�ra 1 seawo ,.croow, wu •'�• azw suv �N111MNOJ 'O'd 3Jv111n HliJON oosr,: m wvnu, snMoe vow 'DNIU33NIJN3 NvldOdivnid30NO3 aOSONIMAIMS vc % WE p ori. YY o 1 i t _ RJ r 1 - s / f r' T 301n -11A HiNON NOSONIM i NOIIIIIIIIF A w M WOMMERI ORDINANCE NO. 2023 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM A-1, AGRICULTURE - 1 AND RS -3, RESIDENTIAL SINGLE-FAMILY, TO PD, PLANNED DEVELOPMENT, FOR APPROXIMATELY 52.96 ACRES OF LAND GENERALLY LOCATED EAST OF STATE ROAD AIA, WEST OF JUNGLE TRAIL, AND NORTH OF THE WINDSOR PD SUBDIVISION; AND DESCRIBED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently considered this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described properties situated in Indian River County, Florida, to -wit: LEGAL DESCRIPTIONS: PARCEL 1: GOVERNMENT LOTS 9 AND 10, SECTION 10, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. PARCEL 2: THE NORTH 100 FEET OF THE NORTH HALF OF GOVERNMENT LOT 11, SECTION 10, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA, LYING WEST OF STATE ROAD AlA. PARCEL 3: ALL OF OCEAN WAY SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 92 AND 92A OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE OVERALL PROJECT BOUNDARY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR THE POINT OF BEGINNING BEGIN AT THE NORTHWEST CORNER OF GOVERNMENT LOT 10 THENCE; S89'1 9' 11 "E ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 10 A DISTANCE OF 1312.81 FEET TO THE NORTHWEST CORNER OF GOVERNMENT LOT 11 THENCE; N89°23'59"E ALONG THE NORTH 1 148 ORDINANCE NO. 2023 - LINE OF SAID GOVERNMENT LOT 11 A DISTANCE OF 805.54 FEET TO THE WEST RIGHT OF WAY LINE OF STATE ROAD A -1-A THENCE; S27°05'25"E ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 111.73 FEET TO THE SOUTH LINE OF THE NORTH 100 FEET OF AFOREMENTIONED GOVERNMENT LOT 11 THENCE; S89023'59"W ALONG SAID SOUTH LINE A DISTANCE OF 855.57 FEET TO THE WEST LINE OF SAID GOVERNMENT LOT 11 THENCE; S00°29'22"E ALONG SAID WEST LINE A DISTANCE OF 1066.72 FEET TO THE NORTHWEST CORNER OF OCEAN WAY SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGES 92 AND 92A OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA THENCE; N89027'03"E ALONG THE NORTH LINE OF SAID OCEAN WAY SUBDIVISION A DISTANCE OF 1378.83 FEET TO THE WEST RIGHT OF WAY LINE OF STATE ROAD A -1-A (10 FOOT ADDITIONAL RIGHT OF WAY) ACCORDING TO THE AFOREMENTIONED PLAT OF OCEAN WAY SUBDIVISION THENCE; S27°04'51 "E ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 219.80 FEET TO THE SOUTH LINE OF SAID OCEAN WAY SUBDIVISION THENCE; S89026'32"W ALONG SAID SOUTH LINE A DISTANCE OF 1477.24 FEET TO THE WEST LINE OF GOVERNMENT 3, SECTION 10, TOWNSHIP 31 SOUTH, RANGE 39 EAST THENCE; N66018'09"W CONTINUING ALONG THE SOUTH LINE OF OCEAN WAY SUBDIVISION A DISTANCE OF 76.72 FEET TO THE WESTERN MOST CORNER OF SAID OCEAN WAY SUBDIVISION AND THE SOUTH LINE OF AFOREMENTIONED GOVERNMENT LOT 10 THENCE; N89°19'03"W ALONG SAID SOUTH LINE OF GOVERNMENT LOT 10 A DISTANCE OF 1175.33 FEET TO THE WATERS OF THE INDIAN RIVER LAGOON THENCE, THE FOLLOWING FOUR(4) COURSES MEANDERING SAID WATERS; (1) N14°32'43"W A DISTANCE OF 222.88 FEET THENCE; (2) N23000'25"W A DISTANCE OF 239.71 FEET THENCE; (3) N26°53'43"W A DISTANCE OF 471.48 FEET THENCE; (4) N30°28'31 "W A DISTANCE OF 555.25 FEET TO THE NORTH LINE OF GOVERNMENT LOT 9 THENCE; S89°53'17"E ALONG SAID NORTH LINE A DISTANCE OF 565.71 FEET TO THE AFOREMENTIONED NORTHWEST CORNER OF GOVERNMENT LOT 10 AND THE POINT OF BEGINNING. CONTAINS 54.98 ACRES MORE OR LESS. EXCLUDING MAINTAINED RIGHT OF WAY FOR JUNGLE TRAIL AS RECORDED IN PLAT BOOK 14, PAGE 4 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. is changed from A-1, Agriculture -1 and RS -3, Residential Single -Family to PD, Planned Development, with the general project layout as depicted in the attached conceptual PD plan (Exhibit A). All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 19' Day ofNovember, 2023, for a public hearing to be held on the 5'' day of December, 2023, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: 2 149 ORDINANCE NO. 2023 - Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Deryl Loar Commissioner Joseph H. Earman Commissioner Laura Moss BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Susan Adams, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller Li", Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, County Attorney APPROVED AS TO PLANNING MATTERS Andrew Sobczak, Planning & Development Services Director 3 150 810 iNOICl113tl �yyy�r mwa azw .�.��mw ...ism x�i a wree ono3o aura v� snnaawore eNiircrao� zu c cemvwr aw suh�om rrvzwwnnvww rou au r aoz•oc.o aua.caar a ""� NN1A10 Mro ®rasa B wro¢ oneor NV'ld Od ivnid3ONOO 'O'd 30VIIIA HIHON LIOSONIM r z O G) z,. z . x .n d --� ril Z a rn C) 0 rn r7.. f1l G) m Z • ol CD 'D CA • 0 til rot 0 � o I�m CD n C* CA 1 O C OIQ • • • ch V1 W � W tV r-•► 0 0 � 0 0 � c C cr i' C9 Q� V< 0 jj CD CD (� 0 r -t• CD• O � O CD [D CD O C• _� CD co co CD 0* rA 6 OV O O r..r l51 -b CD CD O Q ;yS C CCD t�D � � O CD CCD 0 0 � 0 0 � c C cr i' C9 Q� V< 0 jj CD CD (� 0 r -t• CD• O � O CD [D CD O C• _� CD co co CD 0* rA 6 OV O O r..r l51 -b i ro �n rig Q F a to CD' „V, r C51 -'1d c n CO OA 1p+ h!! „V, r C51 -'1d f�51-190 --i C r— m 0 O m O -0 m m r ao C U) C m t 6^ Li V�f K' f� Tom" 4 --i C r— m 0 O m O -0 m m r ao C U) C m Go ODboa. „� M pr a � � y 1 00 CL CD � n CL 0 ��-► U+ 0L c, t� �0�0 0 (-D 0 FL Ch CD GL ACL n O 0 M n� i� L Te r+ CL 0 c�. c� 0 0 0 CL 0 CA CA y R y 07 C) 0' 0 0 n o' 0 K �. C) Q 1.571 w- • VA a-on m = x X X C- m m 0 O O O m to ---1 —I -A n z m m m m C � = 0 O O z co = C C C Oeo--- Z 4 ; G) �► m -� z z M < o G a > m z� r C m r-% m -s I 151��$ 223 Citrus Tower Blvd Clermont, Florida 34711 (352) 241-4678 ext 304 Fax(352)432-5965 www.damicoinsurance.com November 4, 2020 To Whom This May Concern, Andrea D'Arnico Agent/Owner andrea@damicoinsurance.com My husband, Steve, and I have owned an independent insurance agency since 2003 in Clermont, Florida. We sell most any insurance product — home, auto, any type of commercial, life, boat and recreational vehicle, vacant, renter's — most anything that would be insurable. Our Agency represents over 40 companies with which to better service our Clients and are extremely 'up-to-date' on most insurance products. When a Client is purchasing a new homeowner's insurance policy, an application of insurance must be completed and sent in, and then be accepted by the desired company. One of the questions on this application asks if the intended property is within a certain distance of a commercial property. If this question is answered with a 'yes', the application will be declined, as this poses an unacceptable risk to the company. To test the validity of this statement, I contacted an underwriter from the largest insurer of homes in Florida — Tower Hill Insurance Group. I used the home of our Client, Ron Celli, as the property, and asked the underwriter if there were any type of commercial property located next to this home — even the concrete pad of that commercial property — would Tower Hill accept this risk. The Underwriter then placed me on a long hold while she investigated the property and consulted with the head of the underwriting department. She came back and said, "no, I am sorry, this would not be accepted by Tower Hill. Being next to any commercial property is a risk that is not acceptable — especially in this difficult insurance environment". Having a commercial building or parking lot next to the subdivision in question, would most likely mean most of the homes next to this property would find it difficult to impossible to find a homeowner's insurance policy for their homes. 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The project's approved TIS did not require or warrant the project's northbound left and southbound right turn lanes, and if the project were accessed by a County road, they would technically not be required by the County I.M. It is acknowledged that MOT is requiring the turn lanes as a safety improvement for the overall area. However, because the turn lanes will serve both the project's northern roadway and 110' Place, and will improve traffic safety along that segment of Highway Al A, the turn lanes are considered a public benefit. All conditions recommended by staff have been accepted by the applicant. RECOMMENDA'T'ION• Staff recommends that the Planning & Zoning Commission recommend that the Board of County Commissioners grant approval of the PD rezoning request and the conceptual PD plan, with the following conditions: 1. Prior to issuance of land clearing and tree removal permits, the developer must obtain a County wetlands resource permit 2. Prior to issuance of a land development permit for Phase 1, the developer shall: a. Vacate the Ocean Way Subdivision plat via the formal plat vacation process. b. Provide an official determination from the Florida Department of State, Division of Historical Resources. c. Obtain all required permits and/or approvals from Pelican Island National Wildlife Refuge staff. d. Obtain staff approval of all proposed improvements within the Jungle Trail ROW and/or the Jungle Trail buffer easement, and demonstrate consistency with the Jungle Trail Management Plan. 3. Prior to issuance of a land development permit for any respective phase, the developer shall: a. Obtain Planning staff approval of the final landscape plan for the respective phase. b. Obtain Planning staff approval of the final streetlighting plan for the respective phase. c. Obtain Environmental Planning staff approval of the final tree protection and mitigation plan for the respective phase. 4. The developer shall install the 8' tall masonry walls along southern boundary of the Turtle Cove Subdivision and the northern boundary of the Wabasso Estates Subdivision as early in the site development process as possible. 5. Prior to issuance of a certificate of completion for Phase 1, the developer shall: a. Pass the final inspection for each the building permit for each respective masonry wall. b. Install the northbound left and southbound right turn lanes on Highway AIA. 6. The developer shall establish the required 10' wide limited access easement and 30' wide Jungle Trail buffer easement prior to or via the Phase 1 final plat. ATTACHMENTS: 1. Location Map F:\Community Development\CurDev\P&Z\2023\Windsor North Village - PD-23-01-01(93560).docx 12 Jai a North Beach Civic Association c/o William B. [Tuck] Ferrell 10890 Highway A1A, Vero Beach, FI. 32963 321-543-0928 Cell 772-589-1552 H tcferrell gmail.com, November 15, 2023 Indian River County Commission and FDOT District 4 180127`'' Street Vero Beach FI 32960-3388 Dear and Commissioners and FDOT RE: Windsor North Proposal: Ocean Run Way Planning Proposal Concerns? Is it Reasonable: Quiet Enjoyment and Quality of Life Issues: Motivations and Preliminary plans to be refined later! Looking for A win-win solution and 1 Hiqhest and best use! The best solution is good traffic manaaemlent at tl gate and better trip dispersal to roadways and entrances! Problem Solved! Not Good Flow Now! Traffic trip management at the north entrance portal has been very poor so it needs to be fixed! The simple lot stoppage at Al A may not solve the volume problem! Bottleneck Stoppage: The proposed transfer system may create a bottleneck. Windsor is chasing a problem that may be partially gate related. Island residents are concerned about Maintenance Commercial, and Service concentrations sent to the proposed parking lot plan where service workers try to park for golf cart transfer. Commercial concentration- Residents want to maintain a quality neighborhood. It appears, Windsor is using the Ocean Run Way back door for all or most of their unwanted commercial maintenance and service vehicle uses at other entrances. There is pushback from the residence community now that Windsor wants to change part of an existing approved subdivision use to a maintenance service transfer parking lot. Has a technical trip peak hour study been done bV traffic engineers? Ocean Run Way: Part of the existing problem may be in the two separate -gate management systems restricting traffic flow. Presently, there is an outer chain link gate and a guard gate a few hundred feet to the west. We ask for the parking lot element to be removed from the proposed request! Quality of Life and Property Valuation: Winsor Window: Residents do not like the idea of the proposed maintenance parking lot vehicle concentration behind their existing Turtle Cove homes and fronting on Al A. Islanders are concerned this will add to congestion rather than help traffic flow. Practical Concept: Free traffic flow may be the best solution to this situation. Service Nightmare: Many service workers will be upset because they do not have tools'' parts with them on the golf cart! Property Valuation: Again, a biq concern is property valuation with this maintenance and commercial main service lot trip concentration behind their homes_ Insurance Pg. 2 Windsor North Proposal: Ocean Run Way Planning Proposal COnOems? Noise, and Backup Congestion etc are some real community concerns. Turtle Cave ASK: Will trucks run their engines for hours while waiting for appointments and transfer carts? Plan B: Is there a better way to disperse traffic to smaller interior places. The main peak trip load is in the mornings. Function: Overall peak trips may overpower the proposed AlA parking area and cause more congestion and noise pollution! Golf carts may seem to be a cleaner use within the community, but the transfer concept may not work at a concentrated entry point. Since Island traffic management at this Ocean Run Way location has been very poor, There are concerns the proposed concentrated lot situation will further exacerbate community and island congestion. Many work trucks have large trailers behind them as they try to negotiate turns into the Proposed lot. Dispersing traffic to the numerous gates would be a solution. Keeping the commercial uses concentrated behind homes and fronting the Al face is a concern. Property Insurance Issue and Audit Request_ Insurance Letters were received by P&Z! Insurance carriers normally inspect properties. There are concerns about rating agencies and provision! Service trucks often carry extra fuel in bed canisters for use in the other properties they serve_ Convincing the insurers of the "all electric" Windsor theme may not be easy. Current Property Aerial and Uses in the Proposed Lot: "Not elegant or even pretty the upfront maintenance area plan!" The face of Al A? Residents noted the stabilized maintenance area by Al A. Residents are wondering about uses there. They are still concerned about dumpsters or fuel tanks being moved from other interior locations of the property to the maintenance area. What will be stored in the maintenance area? Windsor said in the P&Z hearing "we are all electric." There were concerns about machinery, gasoline, chemicals, solvents, paint, and other substance storage at this location near Al A. One lady commented that "parts of Windsor have tight urban streets so they might want smaller commercial service parking areas within the community instead of the proposed large 56 space lot!" Another question arose: Where do larger trucks park? Traffic Improvement Planning Questions: To be determined later may be too late! Windsor has turn lanes for their other entrances! Most people expect future turn lane mandates and widening required for Ocean Run Way especially if Winsor expands the scope of the roadway use_ The subject proposal should be studied as to turn lane location and sizing before site plans are given an approving nod. FDOT has plans to widen Al in the 2024 -5 -time frame. There is a strong possibility turn lane space will be required. Windsor needs to plan for widening impacts with FDOT on their side of AIA. Respectfully submitted, William B. Ferrell. Jr. President ►51'Z� El 15;1,�o wus N.biR �y nwit .nn.:oea'+uanve Iwo a as 30Vll1A HIHON l !g4 yy t NV -1d Od Q:iVNIWIl3Nd NOSONIM Mam R tame wuw _ t , ii • ,t $ s J1 9 1 E • J V'` `�` s ' sg §� !. fill 55 4 - . t, a IN € !zi " iifittj , j 3 wyaDID 57 g, �1lall fill! i�id 1 rr� >> _s y 91st ar 1 F :X Y 3 14' � 4 141. 19,�'S . sir sir 1 rr� >> _s y 91st ar 1 F :X Y 3 14' � 4 141. 19,�'S 4JONrt�:t\►fit ~ t y OR-. • W^..4,;.._ � - 464F'ae. �Sta:?Fw 9ie kin E _p L t J �s s � t F i { IL i E _p L J F { g i y lid ■ j��i tl s +#4i �DDxI ■HIM 4 ��pi,�,�a i��� Ski!Flo.] � �/ i .•,�,� xY£ DiA-.111 ma's+ �� L�■ f x x 'e€ ;is fit L=a �,qi, s =c i !sitI xY£ DiA-.111 ma's+ �� L�■ f x x 'e€ ;is fit L=a �,qi, s =c i WINDSOR NORTH VILLAGE P.D.PRELIMINARY PD PLAN MOW w wr ■nv ■w■ �� MIM 0 (D 0 0 G t { 0 r, N (D d (*, ,0 C% 0 m m � rD D CD a 0 CDCL c s 0 C: 0 ((D 9 (D a o� (D D M Windsor North Village Planned Development PD Rezoning and Conceptual PD Plan Board of County Commissioners December 5, 2023 Planned Development (PD) Rezoning Process PD Rezoning & Conceptual PD Plan PZC Recommendation 1 BCC Approval PreliminM PD Plan/Plat PZC Approval -Land Development Permit (LDP) or Waiver reviewed and approved by staff -Final PD Plan/Plat is approved by BCC /a, 1,2 2 1 15P .047 Aerial r, Coil i 4 151-� 110 2 Proposed Development Summary • Existing Windsor PD project approved by the BCC in 1990 • 52.96 acres • 40 single-family lots, 6 multi -family units • Overall density .87 units/acre • Fitness center • Staff parking area • There have been several different design proposals/iterations 5 1 JJ II I 11 it 11 l� 6 3 PD Waivers Development Parameter/Waiver A-1 RS -3 Proposed PD Minimum Lot Size 200,000 SF 12,000 SF 11,250 SF Minimum Lot Width 150' 80' 75' Front Setback 30' 25' 0' Side Setback 30' 15' 0' Rear Setback 30' 25' 0' Maximum Building Coverage per Lot 20°!° 30% 80% Minimum Open Space per Lot 60% 40% 0°0 Minimum Open Space Overall Project 60% 40% 56°iu Note: All proposed buildings and structures within Windsor North Village PD must be designed, permitted, and constructed in accordance with the Windsor Code. See Section 15 of the PD Plan Analysis section of this report for more details. All building and structures must also meet all applicable County LDR requirements, and the Florida Building Code. Traffic Circulation Plan 4 Proposed private roadway -- connection w/ southbound right & northbound left turn lanes i Existing private roadway \ connection (Ocean Run Lane) �\ a v, Internal rwidvvav comicction; 4 151 - LIIZ- Conceptual Landscape & Buffer Plan 1 0 5 1 J51 -43 M Neighborhood Interest & Town Hall Meeting 13 151.ii�- PZC Recommendation At its meeting of October 26, 2023, the PZC voted 7-0 to recommend that the BCC grant conceptual PD plan and special exception approval with the conditions recommended by staff (including two modified conditions), and approved the concurrent preliminary PD plan/plat subject to BCC approval of the conceptual PD plan and special exception. The recommended conditions have now been updated to remove the 8' tall masonry wall along the northern private roadway connection to SR AIA, and to prohibit the northern private roadway from being utilized as a construction access. 15 Staff Recommendation That the PZC recommend that the BCC approve the PD rezoning and conceptual PD plan for Harbor Bluffs with conditions listed in staff's report: • Wetlands permit • Vacate Ocean Way Subdivision plat • Florida Department of State, DHR concurrence letter • Pelican Island National Wildlife Refuge permits/approvals • Jungle Trail Management Plan buffer easement and compliance items • Final landscape, streetlighting, and tree protection/mitigation plans • Removal of the northern 8' tall masonry wall and prohibit northern private roadway from being utilized as a construction access • Construct southern 8' tall masonry wall as early as possible • Highway A 1 A turn lanes 16 8 161 -O -P / 0 � A, "?t."', INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., ICMA-CM, AICP; County Administrator FROM: Ryan Sweeney; Assistant Planning & Development Services Director DATE: November 21, 2023 SUBJECT: Windsor Properties, Inc.'s Request for Vacation of the Ocean Way Subdivision Plat [PVSD-90-05-08 / 2023060014-95088] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 5, 2023. DESCRIPTION AND CONDITIONS: MBV Engineering, Inc., on behalf of Windsor Properties, Inc., is requesting that the Ocean Way Subdivision plat be vacated per F. S. 177.101. The Ocean Way Subdivision plat is located on the west side of State Road (SR) AlA, immediately north of the Windsor North PD project (see attachment 1). Approved in 1992, the Ocean Way Subdivision plat established 12 single-family lots, a single private road right-of-way (Ocean Run Lane), County Utilities easements, several private easements, and 10 feet of additional right-of-way along SR AIA. The subdivision site is zoned RS -3, Residential Single -Family (up to 3 units/acre), and is currently vacant. The property owner, Windsor Properties, Inc., owns all of the property within the boundary of the plat. If the plat is vacated the property owner intends to redevelop the area contained within the subdivision area as part of the larger Windsor North Village PD project. At this time, the applicant requests that the Ocean Way Subdivision plat be vacated. ANALYSIS: The Ocean Way Subdivision plat was approved by the Board of County Commissioners on November 17, 1992. That subdivision plat established 12 single-family lots, a single private road right-of-way (Ocean Run Lane), County Utilities easements, several private easements, and 10 feet of additional right-of-way along SR AIA. The required subdivision infrastructure improvements were constructed, inspected, and accepted by the County. However, no homes have been built on any of the subject lots. On April 18, 2001, the current property owner purchased all 12 lots within the Ocean Way Subdivision. Therefore, the current property owner owns and controls the entire subdivision including all lots and the common area improvements. Vacating the plat will have the effect of 152 abandoning all streets and easements created by the plat, providing a single parcel that is proposed to be redeveloped in the future as part of the larger Windsor North Village PD project. It should be noted that the subdivision plat included a 10 -foot -wide right-of-way dedication to Indian River County for SR AIA, and that portion of right-of-way was subsequently transferred to the Florida Department of Transportation (FDOT). The subject 10 -foot -wide right-of-way dedication for SR AIA will not be abandoned or vacated via the plat vacation resolution, and is expressly listed as a "less -and -except" clause (see attachment 2). Through the plat vacation review process, the County Department of Utility Services determined that a County Utilities easement will be required over the existing County Utilities improvements (water and sewer) within the platted subdivision area. Therefore, County staff has prepared a County Utilities easement that will be recorded immediately following the plat vacation resolution. In the future, the project's utilities improvements will be reconfigured, and then those reconfigured improvements will be covered by appropriate tracts and/or easements via a future final plat (or platted phases). There is also an existing private road right-of-way (Ocean Run Lane) that provides access to the platted subdivision area, as well as, to the existing Windsor PD project to the south, and the undeveloped parcels to the west. In the interim, the existing private roadway will remain in its current configuration and will continue to provide access to the Windsor PD project and the undeveloped parcels to the west. During the future development of the Windsor North Village PD project, the private road will be reconfigured/reconstructed, and then a new private road right-of- way alignment will be established via a future final plat (or platted phases). Consistent with guidelines established by the Board of County Commissioners, the subject plat vacation request was reviewed by all County divisions and utility providers having jurisdiction or potential interests within the platted area. All departments have reviewed and recommended approval of the requested plat vacation subject to certain conditions listed in staffs recommendation. Also, the County Attorney's Office has reviewed and approved the attached plat vacation resolution for legal form and sufficiency, and staff has no objection to the requested plat vacation. RECOMMENDATION: Staff recommends that the Board of County Commissioners vacate the Ocean Way Subdivision plat and authorize the chairman to execute the attached plat vacation resolution, with the following conditions: The requested plat vacation will not release or vacate the 10 -foot -wide right-of-way dedication for State Road AIA. 2. The applicant will dedicate a County Utilities easement over the existing County Utilities improvements within the platted subdivision area. ATTACHMENTS: 1. Location Map 2. Plat Vacation Resolution 153 2 ,o � le tn wo RESOLUTION 2023 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF OCEAN WAY SUBDIVISION, PLAT BOOK 13, PAGE 92, INDIAN RIVER COUNTY, FLORIDA, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on May 31, 2023, Indian River County received a duly executed and documented application from Windsor Properties, Inc. requesting that the County vacate the plat of Ocean Way Subdivision recorded in Plat Book 13, Page 92 of Indian River County, Florida, said land lying and being in Indian River County, Florida; and WHEREAS, in accordance with Florida Statutes 177.101, notice of the intent to apply for plat vacation was duly published by Windsor Properties, Inc. in two weekly issues of a newspaper of general circulation in the County; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that Windsor Properties, Inc. owns the fee simple title to all lands within the Ocean Way Subdivision; and WHEREAS, the Board further finds that vacation of the subdivision plat will not affect the right or ownership of convenient access of persons owning other parts of the subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The plat of Ocean Way Subdivision recorded in Plat Book 13, Page 92 of Indian River County, Florida, is hereby vacated, less and except the 10 foot wide right-of-way dedication to Indian River County for State Road AlA. (See Exhibit A attached) 2. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 177.101 in the Official Record Books of Indian River County without undue delay. This resolution for the vacation of the Ocean Way Subdivision plat shall not affect any existing utility rights outside of the plat boundary. 4. This resolution for the vacation of the Ocean Way Subdivision plat shall not affect any other plat or easements of record. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner_ a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher who moved its and upon being put to 155 RESOLUTION 2023 - Commissioner Deryl Loar Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA II Susan Adams, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller Deputy Clerk I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of 92023. 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NOTICE OF PU&LIC HEARING — PLAT VACATION'. This Is notice of a public hearing of the Board of Counter Commissioners of Indian Giver Counter, Florida: to consider the adoption of a resolu- tion to vacate the plat of Ocean Way Subdivision per Indian [diver County Plat Book 13, Page T9 pursuant to 177.101 of the Florida 'Statues. This application is requested. by theiand- ©wner, Windsor Properties, Inc. A public hearing, at which parties in interest and citizens shall "have an opportunity to be heard, will be held by the Board of County Commission- ers of Indian River County, Florida, In the County Comm sslon Cham- bers of the County Administration Building, located of 180127th Street, Vero Beach, Florida on Tuesday, December 5, 2023 at 9: E0 AM. Please direct planning -related. ques- tions to the Current Development Planning Section at 772-226-1239. All documents pertaininsi to this request are on file in the Indian River County Planning Division, located: at 1801 27th Street wlthn building "A" ofl the County AdMin- istration Complex. Documents -may be reviewed by members of the public during normal business hours. All members of the public are invited to attend and participate in the public hearing. 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 app is based. INDIAN RIMER COUNTY BOARD OF COM ISS10NERS BY -s Joseph N. Earman, Chairman November 19,26 2023 LSAR0033566 Ocean Way Subdivision Plat Vacation Board of County Commissioners December 5, 2023 -M Ar u0cation Map T— /j, A, 5 U Subdivision Plat PIAT BOOK OCEAN WAY SUBDIVISION PAOBMO s_z SECTM m, TOWNS 31 sourrt RnnbE se EAST NDIAN IiNER BOUNTY. PLOANO OOOKET �. PREPARED: FEBRUARY,1990 LOCATION MAP ...� ..< n •., g iow""mr�e'K .n .n. IURTLEJLVE,.WM$t IN � a W1W WE Analysis • Property owner owns all affected lots • Property will be redeveloped in the future as part of the larger Windsor North Village PD project • MOT will retain the 10' of ROW dedication for SR AIA • County Utilities easement over existing Utilities improvements; to be reconfigured with future redevelopment 4 Staff Recommendation ➢ That the BCC vacate the Ocean Run Subdivision plat. /5 $-5 Request to Speak at BCC Meeting l Print Submitted by: Skylar (minor who will speak) and Carisa (guardian) Jenkins Submitted On: 2023-11-29 12:08:17 i. Submission IP: (96.5.227.141) proxy -IP (raw -IP) Status: Open Priority: Normal Assigned To: Tina Cournoyer I j 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 Skylar (minor who will speak) and Carisa (guardian) Jenkins * Street Address 543 Gerald Street * City " Ste* * Zip Sebastian Florida 32958 Organization (If applicable) * Email Phone I carisa.jenkins@gmail.com 772-360-7886 Subject Matter for Discussion My daughter, Skylar Jenkins, would like to speak about her idea to increase public safety for bicyclists, pedestrians, as well as drivers of vehicles in Indian River County. She conducted a Science Fair experiment this year that earned first place with a real-world connection that will help increase safety on our roadways and can also be applied to help save sea turtles too. In addition to increased safety, my daughter's idea would also reduce light pollution as well as environmental pollution. ... * Is a digital presentation planned? PAqugpd Mwd ft Data . O Yes Q No 12/05/2023 Format MM/DD/YWY 15ee 7.. . - ..... -. ...:. is :. .:..:. i * What resolution are you requesting of the commission? She requests that the commission would consider the county to use funds to put her idea into action to increase public safety on our roadways for bicyclists, pedestrians, drivers, and impacted animals as well. * Are public funds or activities required? E) Yes 0 No What funds or activities are required to meet this request? The funds would be used to change the road paint. 160 i INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Indian River County Board of County Commissioners VIA: John A. Titkanich, Jr., County Administrator FROM: Dan Russell, Information Technology Director SUBJECT: Request for Executive Session — Cybersecurity DATE: December 5, 2023 Staff is requesting an executive session (as allowed under F.S. 119.0725(3)) with the Board to discuss (2) cybersecurity matters. This request is for an executive session to be held on December 12th, 2023 at 10:30 am. This meeting is exempt from F.S. 286.011. Discussions will be limited to the (2) cybersecurity related agenda items. Staff members that will be present at the executive session included: Dan Russell, Director of Information Technology; Racheal Miller, Cybersecurity Technician; Michael Zito; Deputy County Administrator; William Debraal, County Attorney; and John A. Titkanich, Jr., County Administrator, and a certified court reporter. 162 William K DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney Public Notice Item - B.C.C. 12-05-2023 Ofce of INDIAN RIVER COUNTY ATTORNEY 1 _; :__►I 1 Ju I TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: November 27, 2023 SUBJECT: Public Notice of Public Hearing for December 12, 2023, to Consider an Ordinance Removing An Additional Cent of Tourist Development Taxes Due to holiday deadline advertising dates, the following Public Hearing will be moved from December 5, 2023 to be held on December 12, 2023 The Board of County Commissioners will hold a Public Hearing on Tuesday, December 12, 2023, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING PARTS OF SECTION 210.01 (TAXING DISTRICT AND LEVY) AND SECTION 210.03 (AUTHORIZED USES OF REVENUE) OF CHAPTER 210 (TOURIST DEVELOPMENT TAX) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO REMOVE AN ADDITIONAL CENT OF TOURIST DEVELOPMENT TAXES; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. 161 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Andrew Sobczak, Planning and Development Services Director, Floodplain Administrator FROM: Sean Lieske, Utilities Director, Acting Public Works Director SUBJECT: Quay Dock Landing Subdivision Partial Waiver Request to Floodplain Cut and Fill Balance Requirements SD -19-04-01 / 2003010102-83528 DATE: November 21, 2023 SUMMARY OF REQUEST KMA Engineering on behalf of Conengineers Builders LLC, developer for the proposed Quay Dock Landing Subdivision, a conventional 58 lot subdivision approved by the Planning and Zoning Commission on September 24, 2020 as a Preliminary Plat, is requesting a partial waiver of the cut and fill balance requirements for both the 100 -Year floord storage and the 10 -Year flood storage in accordance with Indian River County Land Development Regulations (IRC) Section 930.07(2)(i)1.a. Refer to'Code Citation' below. DESCRIPTION The project is located east of US Highway 1, between Quay Dock Road and 63rd Street. Lots are proposed approximately 1000 feet from the banks of the Indian River Lagoon (Exhibits A and AA). The applicant has not yet applied for a County Land Development Permit or any other state and federal permits. Refer to Exhibit B, Preliminary Drainage Plan for the Quay Dock Landing layout. The site is situated within Special Flood Hazard Area Zone AE with the 100 -Year Base Flood Elevation being five (5) feet (North American Vertical Datum 1988 (NAVD 1988) (AE -5) for the western portion of the property and six (6) feet NAVD 1988 (AE -6) for the eastern portion (Exhibit Q. The 10 -Year Flood Elevation similarly varies from four (4) feet NAVD 1988 to three (3) feet NAVD 1988 (Exhibit D). The applicant has demonstrated that filling of the site will not increase the flood stage of the river by more than one (1) foot in accordance with IRC 930.07(2)(a)3.b. "For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the flood insurance study or on the Flood Insurance Rate Maps (FIRM) and floodways have not been designated, a floodway encroachment analysis which demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community." The Engineer for the applicant has determined that the elevation will rise 0.5 feet. Refer to Exhibit G, Rise Exhibit. CODE CITATION — IRC 930.07(2)(i)l.a. "Cut and fill. An equal volume of storage capacity must be created for any volume of the base flood that would be displaced by fill or structures except for the following instances: Page 1 of 5 163 Those development projects within the special flood hazard area along the Indian River Lagoon when granted a waiver from the cut and fill balance requirements by the Board of County Commissioners. In the special flood hazard area of the Indian River Lagoon, an equal volume of storage capacity must be created for any volume of the base flood that would be displaced by fill or structures below elevation two and one-half (2.5) feet NAVD88, or the ten-year flood elevation which has been determined in the flood insurance study, whichever is greater. The board of county commissioners may, in its discretion, grant a waiverfrom the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project is situated in an estuarine environment and that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection on other lands in the estuarine environment." nrricinti IRC 930.07(2)(i)1.a. allows for waivers to be considered fortwo different flood events. The first is a waiver of the 100 -Year flood event while the site maintains the ability to compensate for the 10 -Year storm event. If approved, a waiver of the 10 -Year storm event which includes a part of the 100 -Year storm event may be considered. Required storage for the two storm events are interconnected due to hydraulics. The applicant is requesting partial waivers for portions of each storm event. REQUEST 1 Applicant requests a partial waiver of the 100 -Year flood elevation in the amount of 82 acre-feet (131, 600 cubic yards) of storage; waiving 46% of requirement. In order to meet code requirements, the site would have to provide 179 acre-feet of storage. The site as designed is able to store 97 acre-feet (157,000 cubic yards); meeting 54% of the requirement. REQUEST 2 Applicant requests a partial waiver of the 10 -Year flood elevation in the amount of 24 acre-feet of storage (37,400 cubic yards); waiving 33% of requirement. In order to meet code requirements, the site would have to provide 72 acre-feet (115,400 cubic yards) of storage. The site as designed is able to store 48 acre-feet (78,000 cubic yards; meeting 67% of the requirement. wauncuia The natural ground elevation poses a problem for this site because much of the existing ground is at or below the seasonal high water table elevation requiring the site to be raised significantly to meet flood protection criteria. Providing additional flood plain storage on the site would cause lots to be lost. Currently the site has preliminary plat approval for 58 lots. If the waiver for a partial 100 -Year cut and fill balance is not approved, the site would be limited to approximately 43 lots. Refer to Exhibit E, 10 -yr Cut/Fill Balance with 100 -Year Waiver exhibit. If the 10 -Year waiver and the 100 -Year waivers of the cut and fill balances are not approved, the site would be limited to approximately eight (8) lots. Refer to Exhibit F, 100 -yr Cut/Fill Balance with no Waivers exhibit. ENVIRONMENTAL CONSIDERATIONS During the Preliminary Plat application stage, environmental considerations have been reviewed. The following is an excerpt from Quay Dock Landing Preliminary Plat staff report dated September 15, 2020, which was based on an Environmental Assessment Report that was reviewed and approved by staff. Wetlands: Approximately 4.80 acres of estuarine wetlands exist on the project site. The applicant proposes to fill all 4.80 acres of estuarine wetlands, and mitigate the impacts to those wetlands though the purchase of mitigation credits from an off-site wetland mitigation bank. Prior to issuance of land clearing and tree removal Page 2 of 5 164 permits, the applicant must obtain a County wetlands resource permit and provide documentation that the mitigation credits have been secured for the project. Uplands: Since the site is over 5 acres, the County's native upland set-aside requirement potentially applies. Because the site was previously cleared for agricultural use, there are no existing native uplands. Therefore, no native upland set-aside requirements apply to the proposed development. NEIGHBORING IMPACTS The site is bordered on the west by the Antilles Subdivision, the north by a single-family residence and Quay Dock Road, on the south by 63'd Street and the east by undeveloped impacts. Antilles Subdivision Homes within the Antilles Subdivision bordering Quay Dock Landing have finished floor elevations above 7.9 feet NAVD 1988. Approximately 15 feet of the rear Antilles properties drain offsite to the east. Quay Dock Landing proposes a rear lot swale which will collect the rear drainage area along with some of the Quay Dock Landing area and route to the Quay Dock Landing stormwater management system. No impacts are anticipated. Refer to the Preliminary Drainage Plan, Exhibit B. North Property Line An existing meandering swale exists along the north side of the property between Quay Dock Landing and a residence. A consistent bypass swale is proposed along the property line to maintain any the conveyance of offsite runoff. Refer to the Preliminary Drainage Plan, Exhibit B. Consistent with the County Land Development Regulations, the site is limited to discharging stormwater runoff not to exceed predevelopment amounts for a 25 -Year storm event. A 25 -Year event is 9.2 inches of rainfall in a 24-hour period. AVOIDANCE AND MINIMIZATION The Applicant understands that the request includes partial waivers for both the 100 -Year and 10 -Year flood elevations. As such, the applicant is looking to limit the amount of fill needed for the development. Florida Building Code requires the finished floor elevation to be one foot above the Base Flood Elevations (100 Year). Garages are allowed to be lower than the requirement when certain rules are met. The applicant proposes to reduce the fill required by using stem wall construction and to place the garage elevations lower than the requirement in accordance with the Florida Building Code and Federal Emergency Management Agency (FEMA) guidelines. DIRECT FUNDING No funding is required for this option. POTENTIAL IMPACTS TO THE COUNTY The County has adopted FEMA flood plain guidelines as provided in the Comprehensive Plan and Land Development Regulations. As part of the adoption process the County participates in the Community Rating System (CRS). Participating in the CRS allows County residents to purchase flood insurance at rates dependent upon the determined Class. The lower the Class the less the rates. The County is audited every three to five years to establish the CRS rating. The last Report of Audit is dated of April 27, 2022. A recertification of the County's adopted guidelines will occur in 2024. Page 3 of 5 165 During the 2022 CRS audit the County received 2,750 points (Class 5). The Class ratings and flood reduction rates are broken down as: Class Rating Points Required Flood Reduction Rate In SFHA Flood Reduction Rate Outside of the SFHA 4 3000 to 3499 30% 10% 5 2500 to 2999 25% 10% 6 2000 to 2499 20% 10% SFHA = Special Flood Hazard Area, Zones A, AE, Al -A30, V, V1 -V30, AO and AH Cut and Fill requirements (also known as compensatory storage) as codified in IRC 930.07(2)(i)1.a. allows the County to receive points under FEMA Audit Activity 430, "Higher Regulatory Standards". Specifically, the subpart of 431a, "Development Limitations" and is credited under DL1b. According to the last Report of Audit, the County received 419 points for Activity 430. Staff has had discussions with its FEMA advisors regarding issuance of waivers. It has been indicated to us that waivers will cause the County to lose all allocated points for this subpart. In review of the prior audit, this would be approximately a 200 point reduction. Therefore if 200 points are lost, and no additional points are gained through additional CRS activities, then the County would remain at a Class 5 Rating based on the prior audit. FEMA will be issuing a new CRS Manual prior to the next County audit. It is unknown as to how much of a point reduction this waiver will cause. AVAILABLE OPTIONS Staff has reviewed all provided data by the applicant and is able to present the following alternatives to the Board for its consideration. Alternative No. 1 Deny both waiver requests. Alternative No. 2 Approve the 100 -Year flood plain waiver for 82 acre-feet (131,600 cubic yards) but require the project to meet the 10 -Year flood cut and fill requirements with the expiration of the waiver to coincide with the Preliminary Plat approval expiration date (or any extension thereof). Alternative No. 3 Approve the 100 -Year flood plain waiver for 82 acre-feet (131,600 cubic yards) and then approve the 10 -Year flood plain waiver of 24 acre-feet (37,400 cubic yards) with the expiration of the waiver to coincide with the Preliminary Plat approval expiration date (or any extension thereof). STAFF RECOMENDATION Staff recommends that the Board of County Commissioners approve the 100 -Year flood plain waiver for 82 acre-feet (131,600 cubic yards) and then approve the 10 -Year flood plain waiver of 24 acre-feet (37,400 cubic yards) with the expiration of the waiver to coincide with the Preliminary Plat approval expiration date (or any extension thereof). Page 4 of 5 166 ATTACHMENTS 1. Exhibit A, Location Map Street 2. Exhibit AA, Location Map Aerial 3. Exhibit B, Preliminary Drainage Plan with 100 -Year and 10 -Year Partial Cut/Fill Waivers 4. Exhibit C, 100 -Year Flood Plain Location 5. Exhibit D, 10 -Year Flood Plain Location 6. Exhibit E, 10 -yr Cut/Fill Balance with 100 Year Partial Cut/Fill Waiver 7. Exhibit F, 100 -yr Cut/Fill Balance with no Waivers 8. Exhibit G, Rise Exhibit APPROVED AGENDA ITEM FOR DECEMBER 6, 2023 Page 5 of 5 167 !X7&�gt lY lip A, 0 £mak � �u ' � ��•`"��' .' i .. ..... �... � tea. ...... .. z'Y � f A 1 N W ID J 4 • Q O U c U o' o -c LC W o � a+ r � i * i ii �tSaCta �� •xx ra= ; _ c Y ''` �. �. ys!• � _»ti' �" a -�' .-. y.�-.,.,,... � �f a �. �� f 9 �Y[s Y o % ���g t B �a8 es Ev ��;8 Y ���� n \ Z 0 o m i V l?lo? p NLL LL W a. / z a w W o 0 0 / f( I� O Q ' U /o/ w az LLw w O J ---- — I I w C ZZ~> wRgo ajm(D to <W Q W I _� II LU m 2 x w u PIP w � ¢ II I O o — W�a� w Z — ai 3 U� n — oQA m II _ I a E — ( c N o - I m m O Z Q O o O LU m 2 x w W Q U 0 I H ^ HW w W U3 o a�z o� aWZ W .� A< alf� o � 8 w� V) oo�qsw <aaa P. 5 �ip�mQ Ohl Z �aCro aC O ZZ . m LL - C aa'm ° Z W w aozo o 2-np $ W2 ol`_Illap v '� ozr,w ohm .I �wlo a �(uc a w5 Sa°a �a°a .: ... ... .. . =: LL /7-5-1 k'Ji IL jt /7-5-1 1/16/2024 1 rim 1 s 1/16/2024 I�,,]:.,:I• INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Andrew Sobczak, Planning & Development Services Director, Floodplain Administrator FROM: Sean Lieske, Utilities Director, Acting Public Works Director SUBJECT: Hammock Shores Subdivision Partial Waiver Request to the 100yr floodplain Cut and Fill Balance Requirements SD -23-11-05/2004120094-95512 DATE: November 21, 2023 SUMMARY OF REQUEST Schulke, Bittle & Stoddard, LLC, on behalf of GRBK GHO Properties, LLC, developer for Hammock Shores Subdivision, a 103 lot single-family subdivision reviewed by the Technical Review Committee on September 13, 2023, is requesting a partial waiver of the cut and fill balance requirements for the 100 Year flood storage, in accordance with LDR Section 930.07(2)(i) 1.a. of the Stormwater Management and Flood Protection Ordinance. Refer to 'Code Citation' below. Based on their analysis of the site (see Exhibit E), a 10 -year waiver is not being requested. DESCRIPTION The project is located east of US Highway 1, between 73'd Street and 69th Street. Lots are proposed approximately 1,734 feet from the banks of the Indian River Lagoon (Exhibit AA). The applicant has not yet applied for a County Land Development Permit or any other state and federal permits. The site is situated within Special Flood Hazard Area Zone AE with the 100 Year Base Flood Elevation being six (6) feet North American Vertical Datum 1988 (NAVD 1988) (AE -6) for the for the entire area encompassed by the proposed Project. The 10 -Year Flood Elevation is elevation 3.7 feet NAVD 1988. Approximately one third of the site lies in the 10-yearfloodplain and is illustrated in the light blue and dark blue areas shown on [Exhibit A]. The applicant has demonstrated that filling of the site will not increase the flood stage of the river by more than one (1) foot in accordance with IRC 930.07(2)(a)3.b. "For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the flood insurance study or on the Flood Insurance Rate Maps (FIRM) and floodways have not been designated, a floodway encroachment analysis which demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community." The Engineer for the applicant has determined that the flood plain elevation will rise about .32 +/-feet if all of the areas available for future development within the floodplain adjacent to this Project are designed and constructed with similar impacts to the floodplain. CODE CITATION — IRC 930.07(2)(i)1.a. "Cut and fill. An equal volume of storage capacity must be created for any volume of the base flood that would be displaced by fill or structures except for the following instances: Page 1 of 4 176 Those development projects within the special flood hazard area along the Indian River Lagoon when granted a waiver from the cut and fill balance requirements by the Board of County Commissioners. In the special flood hazard area of the Indian River Lagoon, an equal volume of storage capacity must be created for any volume of the base flood that would be displaced by fill or structures below elevation two and one-half (2.5) feet NAVD88, or the ten-year flood elevation which has been determined in the flood insurance study, whichever is greater. The board of county commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project is situated in an estuarine environment and that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection on other lands in the estuarine environment." nFricinN IRC 930.07(2)(i)1.a. requires that waivers be considered for two different flood events. The first is a waiver of the 100 -Year flood event while the site maintains the ability to compensate for the 10 -Year storm event. The second is a waiver of the 10 -Year storm event which would include the 100 Year storm event. Only a partial 100 - year flood waiver is being requested. REQUEST 1 Applicant requests a partial waiver of the 100 -Year flood elevation in the amount of 52 acre-feet of storage (84,000 cubic yards) waiving 53.3% of the requirement. In order to meet code requirements, the site would have to provide 98 acre-feet of storage. The site as designed is able to store 46 acre-feet (74.200 cubic yards) meeting 46.7% of the requirement. unRncNiv The natural ground elevation poses a problem for this site because much of the existing ground is at or below the seasonal high water table elevation requiring the site to be raised significantly to meet flood protection criteria. Providing additional flood plain storage on the site would cause lots to be lost. If the waiver for a partial 100 -Year cut and fill balance is not approved the site would be limited to approximately 69 lots. (Refer to Exhibit C). ENVIRONMENTAL CONSIDERATIONS An Environmental Assessment was prepared by ECF, Ecological Consulting of Florida, on July 12, 2022 as part of the Applicant's due diligence for the project. Under Section 10 of the Report, titled Environmental Permitting, it is stated that "At the State level, St Johns River Water Management District (SJRWMD) will require an Environmental Resource Permit for impacts to wetlands and their buffers...... As part of the stormwater permitting for this site SJRWMD will require justification and to provide site plan alternatives that consider avoidance and minimization of the impacts." Indian River County also has similar requirements. Ultimately, satisfying any Environmental concerns would not result in an increase of fill, beyond that which is shown in the Partial 100 -year waiver being requested. AVOIDANCE AND MINIMIZATION The applicant understands that the request is limited to a partial waiverforthe 100 -Year Compensatory Storage portion of the project. As such, the applicant is looking to limit the amount of fill needed for the development. Florida Building Code requires the finished floor elevation to be one foot above the Base Flood Elevations (100 Year). Garages are allowed to be lower than the requirement when certain rules are met. NEIGHBORING IMPACTS Page 2 of 4 177 The site is bordered on the northwest by the Orchid Landing Subdivision, on the north by 73 d Street, on the south by 69th Street, on the southwest by a packing house and on the southeast by Winter Grove Subdivision. Orchid Landing Subdivision Homes within the Orchid Landings Subdivision bordering the northwest quadrant of Hammock Shores have finished floor elevations at el. 8.5 feet NAVD 1988. Approximately 15 feet of the rear Orchid Landings properties drain offsite to the east. Hammock Shores is proposing a rear lot swale which will collect the rear drainage from Orchid Landing along with some of the Hammock Shores area and route it to the Hammock Shores stormwater management system. No impacts are anticipated. Refer to the Preliminary Grading and Drainage Plan, Exhibit B. Packing House On the southwest there is an existing packing house. This site appears to be at the same elevation as the existing grades along the southwest quadrant of Hammock Shores. There is no drainage easement shown at this time and the conveyance for this drainage will need to be refined during the Project's construction review. It may be necessary to provide a drainage easement for the Packing House drainage. Winter Grove Subdivision The drainage along the southeast, bordering Winter Grove Subdivision, will be controlled via an easement that is shown on Exhibit B and will drain toward the existing wetlands, as it does at the present time. 69th Street and 73rd Street There do not appear to be any impacts to the drainage along 69th Street or 73`d Street and the existing drainage along these roads will be reshaped as needed to preserve their existing function. Consistent with the County Land Development Regulations, the site is limited to discharging stormwater runoff not to exceed predevelopment amounts for a 25 Year storm event. A 25 Year event is 9.2 inches of rainfall in a 24-hour period. DIRECT FUNDING No funding is required for this option. POTENTIAL IMPACTS TO THE COUNTY The County has adopted Federal Emergency Management Agency (FEMA) flood plain guidelines as provided in the Comprehensive Plan and Land Development Regulations. As part of the adoption process the County participates in the Community Rating System (CRS). Participating in the CRS allows County residents to purchase flood insurance at rates dependent upon the determined Class. The lower the Class the less the rates. The County is audited every three to five years to establish the CRS rating. The last Report of Audit is dated of April 27, 2022. A recertification of the County's adopted guidelines will occur in 2024. During the 2022 CRS audit the County received 2,750 points (Class 5). The Class ratings and flood reduction rates are broken down as: Class Rating Points Required Flood Reduction Rate In SFHA Flood Reduction Rate Outside of the SFHA 4 3000 to 3499 30% 10% 5 2500 to 2999 25% 10% 6 2000 to 2499 20% 10% Page 3 of 4 p 170 SFHA = Special Flood Hazard Area, Zones A, AE, Al -A30, V, V1 -V30, AO and AH Cut and Fill requirements (also known as compensatory storage) as codified in IRC 930.07(2)(i)1.a. allows the County to receive points under FEMA Audit Activity 430, "Higher Regulatory Standards". Specifically, the subpart of 431a, "Development Limitations" and is credited under DL1b. According to the last Report of Audit, the County received 419 points for Activity 430. Staff has had discussions with its FEMA advisors regarding issuance of waivers. It has been indicated to us that waivers will cause the County to lose all allocated points for this subpart. In review of the prior audit, this would be approximately a 200 point reduction. Therefore if 200 points are lost, and no additional points are gained through additional CRS activities, then the County would remain at a Class 5 Rating based on the prior audit. FEMA will be issuing a new CRS Manual prior to the next County audit. It is unknown as to how much of a point reduction this waiver will cause. AVAILABLE OPTIONS Staff has reviewed all data provided by the applicant and is able to present the following alternatives to the Board for its consideration. Alternative No. 1 Deny the waiver request. Alternative No. 2 Approve the partial 100 -Year flood plain waiver in the amount of 52 acre-feet (84,000cubic yards) and require the project to meet the 10 -Year flood cut and fill requirements with the expiration of the waiver to coincide with the Preliminary Plat approval expiration date (or any extensions thereof). STAFF RECOMMENDATION Staff recommends that the Board of County Commissioners approve the partial 100 Year flood plain waiver in the amount of 52 acre-feet (84,000cubic yards) and require the project to meet the 10 Year flood cut and fill requirements with the expiration of the waiver to coincide with the Preliminary Plat approval expiration date (or any extensions thereof). ATTACHMENTS 1. Exhibit A, FIRM Map with Site Location [Panel 231 of 390] 2. Exhibit AA, Location Map 3. Exhibit B, Preliminary Drainage Plan with 100 yr. Partial Cut/Fill Waivers [103 Lots] 4. Exhibit C Cut -Fill Calc @ 100Yr Flood EI. 6.0'NAVD No Waiver Req'd-69 Lots 5. Exhibit D Cut -Fill Calc @100Yr Flood EI. 6.0' NAVD 100Year Waiver -103 Lots 6. Exhibit E, Exist. Storage Volume @ 10 -year Flood EI. 3.7'NAVD 100year Waiver-1031-ots 7. Exhibit F, Cut -Fill Calc @ 10 -Year Flood EI. 3.7' NAVD 100Year Waiver -103 Lots 8. Exhibit G, 100yr Floodway Rise Calculation & Exhibit APPROVED AGENDA ITEM FOR December 5, 2023 Page 4 of 4 179 r ol_ g L _$ PIS GHO HAMMOCK SHORES I PRELIMINARY DRAINAGE SCHULKE, BITTLE & STODDARD, L.L.C.��; = ,i.,.,. SUBDIVISION PLAN CNg a SIRUCNRK ENG/IEEPonG LWo vUN W EMIFO Or. FEFw)nW m P'6opp" VERO BEACH, FLORIDA WITH 100 YEAR PARTIAL —=���P+�+ m INDIAN RIVER COUNTY CUTIFILL WAIVER 103 LOTS 1717 IRDNN RIVER BLVO., SLATE 201 VERO BEACH, FLORIDA 32880 [ 1 TEL7721770 FM M/nose! E 11 in G b.. j,w — lop B B I d 9 Rags 'sdl �9g1 ���pE■ '�•yy� -'':� y811 �u h 1VAR � JRp� �A�19CO•�� IA � 3���� 1 npq"re@dgpgebege $ g e �� � $ a§ 3 QURI ae a yg ��� R �� $ � I s �� gg ggggg�g9�ggg D - y 51 aim GHO HAMMOCK SHORES I PRELIMINARY DRAINAGE SCHULKE, BITTLE & STODDARD, L.L.C.��; = ,i.,.,. SUBDIVISION PLAN CNg a SIRUCNRK ENG/IEEPonG LWo vUN W EMIFO Or. FEFw)nW m P'6opp" VERO BEACH, FLORIDA WITH 100 YEAR PARTIAL —=���P+�+ m INDIAN RIVER COUNTY CUTIFILL WAIVER 103 LOTS 1717 IRDNN RIVER BLVO., SLATE 201 VERO BEACH, FLORIDA 32880 [ 1 TEL7721770 FM M/nose! E 11 in G b.. j,w — I e3 21- 100 -YEAR FUTURE STORAGE VOLUME FORMULA: EXISTING STORAGE ] - [ FILL ] + [ CUT ] _ [ FUTURE STORAGE ] CALCULATION: 157,548 CY - 113,535 CY + 29,500 CY = 73,513 CY (OR) 97.7 AC -FT - 70.4 AC -FT + 18.3 AC -FT = 45.6 AC -FT 1 TOTAL REQUESTED WAIVER FOR STORAGE COMPENSATION 1 - I I FORMULA: 1 [ EXISTING STORAGE ] - ( FUTURE STORAGE j = [ WAIVER ] 1 i � CALCULATION: 157,548 CY - 73,513 CY = 84,035 CY (OR) I 1 97.7 AC -FT - 45.6 AC -FT = 52.1 AC -FT 1 , I ALTERNATE FORMULA (AS SHOWN ON EXHIBIT 131): I (i [FILL]-[CUT]=[WAIVER] 1' ALTERNATE CALCULATION (AS SHOWN ON EXHIBIT B1): 1 113,535 CY - 29,500 CY = 84,035 CY (OR) 70.4 AC -FT - 18.3 AC -FT = 52.1 AC -FT i I , i 1 / I I ' i I �I - 1 � 1 LEGEND 1 1 -CUT (0.0'- 3.7') F 1 I 0 -FILL (0.0' - 4.3') NO CUT/FILL 1 - CUT -FILL CALCULATION Y CUT TO 1.7: 29,500 CY (18.3 AC -FT) FILL TO 6.0: 113,535 CY (70.4 AC -FT) `i NET (FILL): 84,035 CY (52.1 AC -FT) _ak o GHO HAMMOCK SHORES CUT -FILL CALC @ 100 -YEAR SCHULKE, BITTLE & STODDARD, L.L.C. SUBDIVISION FLOOD EL. 6.0'NAVD CML & STRUCTURAL ENGINEERING • LAND PUNNING • ENVIRONMENTAL PERMITTING EXHIBIT D VERO BEACH, FLORIDA REGISTRY /8668 INDIAN RIVER COUNTY 00 YEAR WAIVER - 103 LOTS TEL7721 1717 0-9622 RFAX772/7 09496 BLVD., SUITE 201 ERO EMAILLiino@sbsenglnee2rswm SCALE: V=300' I✓ / 21-077 10 -YEAR FUTURE STOMMVCLUME FORMULA: [ EXISTING STORAGE }- [ FILL ] + [ CUT ] _ [ FUTURE STORAGE ] CALCULATION: 28,637 CY - 19,322 CY # 20,048 CY = 29,363 CY (OR) 1 I I 1 1 I 1 I I i 1 f t ii�_i ii� 1 I � 17.8 AC -FT - 12.0 AC -F7+ 1271, 4l1f.•PT = 18.2 AC -FT I I i I t I t 1 i I 1 F I � ( i ��i �(• ii � �4��ii rI I I t 1 � 1 LEGEND -STORAGE VOLUME DEPTH - NO STORAGE VOLUME 10 -YEAR STORAGE VOLUME EXISTING/REQUIRED: 28,637 CY (17.8 AC -FT) FUTURE: 29,363 CY (18.2 AC -FT) GHO HAMMOCK SHORES EXIST STORAGE VOLUME @ SCHULKE, BITTLE 8� STODDARD,.lL.L:G. IIE- SUBDIVISION CIVIC &STRUCTURAL ENGINEERING • CANO PGWNING • EANIRUNMENTAL PERMR7ING VERO BEACH, FLORIDA 110 -YEAR FLOOD EL 3.7'NAVD RECISIRI' X8668 EXHJBIII E INDIAN RIVER COUNTY 100 YEAR WAIVER - 103 LOTS re�nINDIAN/Po2ERBLVD.. SUITE Un0-9496 VERO nfot✓dsbsO engD ee�s�com SCALE: 1"300 1 1 i i 21-077 10 -YEAR FUTURE STORAGE VOLUME FORMULA: ( EXISTING STORAGE ] - [ FILL ] + [ CUT ] _ [ FUTURE STORAGE ] CALCULATION: 28,637 CY - 19,322 CY + 20,048 CY = 29,363 CY (OR) 17.8 AC -FT - 12.0 AC -FT + 12.4 AC -FT = 18.2 AC -FT i F1 1 i I 1 1 � 1 1 1 1 � II I I i ' 1 1 1 1 ' 1 1 I I i 1 ! 1 LEGEND -CUT (0.0'- 2.0') -FILL (0.0'- 2.0') I I NO CUT/FILL CUT -FILL CALCULATION f CUT TO 1.7: 20,048 CY (12.4 AC -FT) FILL TO 3.7: 19,322 CY (12.0 AC -FT) NET (CUT): 726 CY (0.4 AC -FT) GHO HAMMOCK SHORES SCHULKE, BITTLE & STODDARD, L.L.C. SUBDIVISION CUT -FILL CALC @ 10 -YEAR FLOOD EL. 3.7'NAVD CML & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING EXHIBIT F VERO BEACH, FLORIDA REGISTRY #8668 INDIAN RIVER COUNTY 100 YEAR WAIVER - 103 LOTS TEIL7721770-9622 DIAN RFAX772/770-9496 ITE 201 ERO EMAIBEACH. nfo@ELORIDA sbsengineers�m SCALE: V=300' /9(— 9%E1au1mola4WuI1NW3 981&0[[/Z[L Xtli R989[L/Z[1131OWE varoola 'NJY39 oa3n 1oz 3Lns ' anle a3Ne NYgNi uu 1181 HX3 A.wnoZ) 63nia Nvww tldli101j'H�H3.OTJ3A 94€4 9 H Y4 VER -1 .�io _ �M'/IMt�I ]Y/N3MlWNN3 aKY/Md G'M �kIN33NY,M'3 )lM/I1J/1N15 Y'IW� V NOuvinOIVO 3SN NOMAIMIS 121" x N 'O'Tl-auvaQOls v wl uis '3>nnHOS kVAA(10013 x)1-00 L S3NOHS NOOwwVH OHO a � LF N 6 J� Y � 6 E S n « > s � o 8a e` `tl LL+ 4f � y"L gL 2Y C$ 4c JaE E; 88 'e" gLLa 43Ns"3 i c a \. `" y � A r6 i,hS eVeun Soc'lal 9'.. r urtiVue.sduliens�us.. aktH 3 r- �) 1j9 6/2024 f William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jaclonan, Assistant County Attorney i3.A- Of CE Of Attorney's Matters 12/05/2023 INDIAN RIVER 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 SUBJECT: Resolution in Support of Indian River County Mosquito Control District The Indian River Mosquito Control District (District) has existed as an independent special district since 1925. The District is completely self-funded through ad valorem taxes and receives no money from the County. Due to the County's climate and habitats, there are over 40 species of mosquitos. Those mosquitoes can transmit diseases, including West Nile virus, Zika, dengue, malaria, encephalitis, and chikungunya, which may be extremely harmful to human health if not addressed promptly and professionally. In 2021, HB1103 (now F.S. § 189.0695) was approved, requiring that all independent special districts around the state undergo a performance review by the Office of Program Policy Analysis and Government Accountability (OPPAGA). Part of the review focuses on the purpose of the district, its goals and services, in addition to the following from F.S. §1889.0695(1): (c) The delivery of services by the special district, including alternative methods of providing those services that would reduce costs and improve performance, including whether revisions to the organization or administration will improve the efficiency, effectiveness, or economical operation of the special district. (d) A comparison of similar services provided by the county and municipal governments located wholly or partially within the boundaries of the special district, including similarities and differences in services, relative costs and efficiencies, and possible service consolidations. The final report was completed on September 291 and is available for review in the County Commission Office. The District supplies a unique and complex service to County residents. It is doubtful that any other local source has the sufficient experience and equipment to carry out the District's duties. The District has asked for a resolution outlining the County's support and recommendation of retaining the Indian River Mosquito Control District. The attached resolution was approved by the District's Board on October 10"'. Sherry Burroughs, CDM, Executive Director of the Indian River Mosquito Control District will be present at the meeting to address the Commission and answer any questions. 138 Resolution for Mosquito Control District November 28, 2023 Page 2 Funding: There is no impact to County funds from this matter. Recommendation: Staff recommends the Board approve the attached Resolution in support of the Indian River Mosquito District and authorize the Chairman to execute the Resolution on behalf of the Board. Copy to: Sherry Burroughs, CDM, Indian River Mosquito Control District 5655 41 s' Street Vero Beach, FL 34967 RESOLUTION 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS O F INDIAN RIVER COUNTY SUPPORTING AND RECOMMENDING RETENTION OF THE CURRENT INDEPENDENT SPECIAL DISTRICT STATUS OF THE INDIAN RIVER MOSQUITO CONTROL DISTRICT WHEREAS, the Indian River Mosquito Control District (District) has existed as an independent special district since 1925; and WHEREAS, the climate and habitats within Indian River County (County) produce over 40 species of mosquitos; and WHEREAS, those mosquitoes can transmit diseases, including West Nile virus, Zika, dengue, malaria, encephalitis, and chikungunya, which may be extremely harmful to human health if not addressed promptly and professionally; and WHEREAS, multiple regions of the County would be virtually uninhabitable if it were not for the mosquito control activities currently performed by the District; and WHEREAS, the District has developed considerable and irreplaceable expertise in the control of arthropods that would have otherwise threatened the health, safety, and welfare of citizens of Indian River County with a number of mosquito -borne diseases; and WHEREAS, the control of arthropods is essential to the ongoing economic development of Indian River County; and WHEREAS, the mission of the District is to proudly protect our community through innovative science -based solutions, fiscal responsibility, enhanced customer service and community engagement, utilize creative approaches to research and technology while embracing environmental challenges; and WHEREAS, large amounts of public recreation land exist in the County for the enjoyment of residents and tourists alike, and the ability to enjoy the use of such lands would be substantially reduced if effective mosquito control does not continue; and WHEREAS, the District is an independent special district focused solely on vector and nuisance mosquito control, while developing and employing cutting edge control methods that have been founded in science; and WHEREAS, upon review of the responsibilities and areas of expertise possessed by both the County the District, it is clear that the continued function of this independent special district is vital to the prosperity, health, safety and welfare of the County. NOW, THEREFORE BE IT RESOLVED by the Indian River County Board of County Commissioners that: 1. The Indian River County Board of County Commissioners supports the continued qj5 RESOLUTION 2023 - operation of mosquito control efforts under the independent special district known as the Indian River Mosquito Control District; 2. The Indian River County Board of County Commissioners does not desire to assume responsibility for mosquito control within Indian River County; 3. The Indian River County Board of County Commissioners does not believe there are any worthwhile cost savings or economies of scale that would be achieved by the County taking over the functions of the Indian River Mosquito Control District; and 4. The Indian River County Board of County Commissioners recommends to the Florida Legislature that the current independent special district status of the Indian River Mosquito Control District be retained in the Laws of Florida. 5. The Clerk is directed to send this Resolution to the Governor, Senate President, Speaker of the House and Indian River County Legislative Delegation. 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 5t' 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