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HomeMy WebLinkAbout03/19/2024/ II llrl \ BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MARCH 19, 2024 - 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 Sheriff Eric Flowers 3. PLEDGE OF ALLEGIANCE William K. DeBraal, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Recognizing the Week of March 17, 2024 as National Surveyors Week 5.B. Presentation of Proclamation Achieving Excellence: Proclamation for the School District of Indian River County Attaining an "A" Grade 5.C. Presentation of Proclamation Recognizing Indian River County as a Moonshot Community For Literacy 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION March 19, 2024 Page 1 of 5 7.A. Distinguished Budget Presentation Award 7.B. Code Enforcement Complaint Intake 7.C. The Hospital District's Public Official Bonds for Michael Kint, Paul Westcott, William Cooney, and Continuation Certificates for Marybeth Cunningham and Kerry Bartlett have been received from the Law Offices of Attorney Jennifer D. Peshke. The Bonds are on File in the Office of the Clerk to the Board. 7.D. Introducing the Opening of the New Dick Bird Disc Golf Course 7.E. WWII Tribute March 23, 2024 8. CONSENT AGENDA S.A. Miscellaneous Budget Amendment 04 8.B. Award of Bid 2024031 for New Restroom Facility at Fran B. Adams North County Regional Park S.C. Award of Bid 2024033 - Annual Right -of -Way Mowing S.D. Approval of Agreement for RFP 2024014 - Jones' Pier Conservation Area Design & Fabrication of Interpretive Center Exhibits 8.E. Second Extension and Amendment to Agreement for Disaster Debris Monitoring Services (RFP 2019062) S.F. Award of Bid 2024038 - Annual Custodial Services for County Buildings 8.G. Award of RFP 2024032 for a Vulnerability Assessment Study SM. Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity for Coastal Health Systems of Brevard, Inc. to Provide Interfacility Ambulance Transportation Services 8.I. Indian River County Stormwater Management Plan, Environmental Science Associates, Work Order No. 1 8.J. Dick Bird (South County) Regional Park Disc Golf Course Adopt -A -Park by Discography Disc Golf 8.K. Request for Use of Holman Stadium for Annual Sawbones vs. Jawbones Event to be held May 17, 2024 8.L. Memorandum of Agreement between the Florida Fish and Wildlife Conservation Commission and Indian River County for Boating Ramp Projects and Maintenance S.M. Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Service Development Grant 8.N. Request for Release of a Ten -Foot Conservation Easement at 5180 95th Street March 19, 2024 Page 2 of 5 8.0. West Wabasso Phase 3 Septic to Sewer (S2S) FDEP Cost -Share Funding Agreement (DEP Agreement No. WG001) Change Order No. 1 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Miscellaneous Budget Amendment 03 10.A.2. Consideration of Mod Units LLC., Request For an Economic Development Ad Valorem Tax Exemption (Tax Abatement) [Legislative] B. PUBLIC DISCUSSION ITEMS 10.11.1. Request to Speak from Siobhan McGoorty of State Attorney's Office re: Sexual Assault Awareness Month C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. IRC Strategic Plan Formulation 12. DEPARTMENTAL MATTERS A. Community Services B. Emergency Services C. Human Resources D. Information Technology E. Natural Resources F. Office of Management and Budget G. Parks, Recreation, and Conservation H. Planning and Development Services 12.11.1. Updated Liberty Park Conceptual Planned Development Plan I. Public Works J. Utilities Services 12.11. One Water Pilot Project, Application for Funding from St Johns River Water Management District Cost -Share Program, Water Research Foundation Tailored Collaboration Program 13. COUNTY ATTORNEY MATTERS 13.A.1. Demolition Lien Reduction - 43 Highlands Dr SW, Vero Beach, FL 32962 March 19, 2024 Page 3 of 5 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Joseph H. Earman D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.11.1. Renewal with Tiger Inc for Sale and Purchase of Natural Gas 15.11.2. Consent and Agreement with Pathward, NA for Nopetro's Landfill Gas Construction Loan C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.indianriver.gov The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. March 19, 2024 Page 4 of 5 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. March 19, 2024 Page 5 of 5 SJ Proclamation RECOGNIZING THE WEEK OF MARCH 17-23,2024 AS NATIONAL SURVEYORS WEEK -Whereas, land surveyors are counted among the founding leaders of our country and were instrumental in the layout of property boundaries in the United States, providing our citizens the opportunity to enjoy the American Dream of property ownership; and -Whereas, United States Presidents Washington, Jefferson, Adams, and Lincoln all served as surveyors, contributing to the historical mapping of America in its early years; and -Whereas, the surveying profession requires special education, training, knowledge of mathematics and related physical and applied sciences, and requirements of law for evidence; and -Whereas, surveyors are uniquely qualified and licensed to determine and describe land and water boundaries for the management of natural resources and protection of private and public property rights; and -Whereas, continual advancements in instrumentation have required surveyors to not only understand and implement the methods of the past, but also to learn and employ modern technology as changes occur through the years; and Whereas, the citizens of Indian River County recognize the valuable contributions of the surveying profession to land development and quality of life throughout our county, and make important decisions based on the knowledge and expertise of licensed surveyors and mappers. Wow, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, ,Florida, that the week of March 17-23, 2024, is recognized as "National Surveyors Week" in Indian River County, and the Board encourages all citizens to applaud the many contributions and ongoing dedication of surveyors to our community and the United States. Adopted this 19th day of March 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss 4' ProcCamatt'm Achieving Excellence: Proclamation for the School District of Indian River County Attaining an "A" Grade -Whereas, the School District of Indian River County (SDIRC) exemplifies its commitment to achievement and excellence in education by attaining a 2022-2023 District Grade of an "A"; and -Whereas, the SDIRC stands as the sole "A" school district on the Treasure Coast, demonstrating its exceptional performance and leadership in the region; and -Whereas, the remarkable increase of 25 rankings from 2018-2019 to 2022-2023 marks the highest rate of growth among all 67 Florida districts, showcasing the District's continuous improvement and dedication to progress; and -Whereas, the SDIRC has consistently elevated its state rankings, increasing by 25 positions since 2018, exemplifying its relentless pursuit of excellence in education; and -Whereas, the SDIRC has exhibited exceptional performance in middle school acceleration, ranking as the 3rd highest in the state with an acceleration rate of 87%, showcasing its commitment to providing advanced educational opportunities to its students; and Whereas, the SDIRC has surpassed the State of Florida in all tested subject areas in grades 3-12, reflecting its unwavering dedication to academic rigor and student success; and -Whereas, the graduation rate of the SDIRC stands at an impressive 96%, ranking 3rd in the State of Florida, demonstrating its commitment to ensuring students graduate prepared for success in higher education and beyond. Now, Therefore, be it Proclaimedby the Boardof County Commissioners of Indian River County, ,Florida, Florida that the Board celebrates the success of our school district in achieving an "A" grade, building a new legacy of excellence and dedication to providing the highest quality education for all students. Adopted this 19th day of March, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss ProcCamati"M Recognizing Indian River County as a MOONSHOT COMMUNITY FOR LITERACY 'Whereas, our most precious resources are our children. The first years of a child's life lay the foundation for all future learning where the most rapid brain development occurs; and -Whereas, early literacy is the gateway to all learning; from birth to third grade we learn to read so that we can then, read to learn. Statistics show children who are reading on level by the end of third grade have a greater chance of success; and -Whereas, literacy is the key to individual success and our community's economic prosperity, therefore, we must build literate communities and support families as their child's first teacher; and -Whereas, Indian River County has become an A school district, and increased the number of third grade students reading on grade level to 60% and continues its dedication to reaching our Moonshot 90% literacy goal; and -Whereas, the state of Florida has also declared a Moonshot 90% literacy goal, recognizing kindergarten readiness and 3rd grade reading as critical milestones in becoming a top ten economy by 2030; and -Whereas, the Campaign for Grade -level Reading has declared our Indian River County Moonshot Community Action Network as a national Pacesetter to honor us for the community -inspired literacy movement; and -Whereas, it takes trusted relationships, teamwork, and early education policy to create a Moonshot Community where 90% of our students are reading on grade level by the end of 3rd grade. Now, r erefore, be it Proclaimed by the Board of County Commissioners of Indian River County, ,Florida, that Indian River County agrees to join the Moonshot Moment Journey Team of teams and commit to working together as Moonshot Leaders in 2024 to make Indian River County a leading literacy capital of the nation. Adopted this 19th day of March 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss 7A INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: February 29, 2024 SUBJECT: Distinguished Budget Presentation Award Fiscal Year 2023/2024 FROM: Kristin Daniels Director, Management & Budget Following is notification received from the Government Finance Officers Association (GFOA) awarding Indian River County, Florida, the Distinguished Budget Presentation Award for the current fiscal year 2023/2024. A Certificate of Recognition has also been presented to the Office of Management & Budget as the department designated as being primarily responsible for having achieved the award. This is the thirty-third consecutive year that the Office of Management & Budget has received this award. In addition to receiving the award, the Budget Book received special recognition for its Strategic Goals & Strategies. This special recognition is given when all three judges give the highest possible score in a particular category. This is the first time this award has been received in this category. 4 6 C71 iLl -78 Office Of Informational Items 03/19/2024 INDIAN RIVER COUNTY ATTORNEY William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Susan Prado, Deputy County Attorney DATE: February 28, 2024 SUBJECT: Code Enforcement Complaint Intake It has been brought to our office's attention that there have been anonymous code enforcement complaints forwarded to the Commissioners seeking code enforcement action to commence. Unfortunately, County Code Enforcement Officers cannot take code enforcement action based on an anonymous complaint due to the recent change to Florda Statute Section 162.21(3)(b), which requires the person making the complaint to give their name and address. In order to comply with this statutory requirement, any anonymous complaints received by any County office should not be initiated without the complainant's name and address. I know your natural reaction is to try to help a constituent, but we must follow the path laid out in statute. 10 J *mr Enclosures A. ctu>lk Richards, Paralegal La v Offices of deter A Peshke, P.A. M Public Official. Bond County of Indian River KNOW ALL MEN 9Y THESE PRESENTS, that we, - AA~ W }lint of 6255 5M Court Vero Beach fL. as Principal, and t W In _i*r a "ny of 56 Wed Street Kum NH 034312 as Surety, are bound unto (ndiw p Rhmr CQqunty Hospital Di lb! in the sum of Fife Thousand and 00/100 Dollars ($5.000 we hereby bind ourselves and eachvfour heirs, executors., 40#ttinistrators. successors and assigns, jointly and severally. THE CONDITION OF THIS CBUGATION tS SUCK That, whereas, said official was wed VPWnbd Hospital District afte to hold this office (Name of Office) i for a term beginning 12/31/2022 and ending 12/30/2026 and until his/her successor is qualified ai=ording to the Constitution and Laws of the State of Florida. k NOW, THEREFO.RE, If the official shall faithfully peffiorm the duties of his/her office as provided by law, this obligation is void. Sign land Sealed this 31st day of December 2022 ATTEST: Michael W Kint ; ter, • .� Principal BY VIU Kint -vim ATTEST: NQU ttl nnoe ..r _ Surety. _ BY; 68-FL-0070-07 MNGM NSUPANC>r COMPANY PQM QF ATTORNEY tW'>l 4 MOWALL MEN BY THESE PRESENTS: That NGM- Comp r;aFlorida corporation having itsp[iscipal office in deo City a0acksonville, State of Florida, pursuant to Article IV, Section 2 of the i3y lAws of said Company, to wit . "Swrli3W 2. The board of directors, the president, any vim president, secreMy; of the treasurer shall havwffiia power milsolliority to appoint attorneys-in-fact and to autl prem to execute on br,Wdfftogrn patty #l4tRft*V'seal of the wrap nythereto, bon&, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, re0ogoizence or conditional undertaking and to remove any such attorneys-in-fad at any and revoke the power aad;audo ty given to them." doe beraby make, constitute and appoint Nancy Giordano-Ramos ib trete and lawful Attorney-in-fact, to make, qxecate. Seal and deliver for and on its behalf, and as its act and deed bond nutnbor 64=744 dated December 31, 2022 tan lioW of -** Michael W Kint ***- in Hylar of Indian River County Hospital District for Fiwe Thousand and 00/100 ti tl l0 and to bind NGM Insurance ConVay Hamby as *11y and to the same extent as if such instrun>altt wn► 455" by llte itliQiky authorized officers of NOM bWaswe Company; this acxof tnid Attorney is hereby ratified and caWknood. This power of attorm q is signed and sealed by facsimile under and by the authority of the g resolution adopted bar tib* loeotora of NGM Insurance ComposW at a meeting duly called sad hehi on the2nd dwfatDeeembat' lSonl. . Voted: 'That the signature of any officer authorized by the By-Laws and the company seal may W afft> lby facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bid, undertaking, recognizsnosor other written obligation in the nature thereof; such signature "dtteal, when soused b** Wopted by the company as tete original signature of such officer and the original seal of dt+itcompany, to be valid and bind" ng upon the-oompany with the same force and effect as though manually affixed. 1N Wl TIVE$ WHEREOF, NOM i bas caused these presents to be a1 wd by its Vaca , oftow Counsel and Secretary and its cogm to oW to bob fixed this 7th day of Januaryti . NOM INSURMCE CM&MAY 2 1923 € lit *aly L Law SUftofFlorids, VicttFreasdent, General Counsel and Secretary ofDuvol N thk 7th. day of January, 2020, before the subscriber a lei Pulft of date of Fterida in and for the County of:Daval duly commissioned and qualified, cattle Kimberly K. Lawe,fNQi4l lammuft tympany, to we personally kntawq to000 officer described herein, and who executed the preceding instrument, and she ackriedged the execution of same, and being by me fully sworn, deposed and said that she is an officer of said Company, aforesaid: that theacal affixed to the preceding instrument is the corporate seal of.said Company, ar d dw said corporate seal and her signature as offices were duly -49hsd+tatd subscribed to the said iookvment by 60 authority and dttmsrl of the Said Company; that Article IV, Sootlea, 2 ofiftfly4An of SaidCompany is no*. lb ftitefa IN WITNESS IAII+IEREOF, i have hereunto set my hand and AW by JWa wol at iadmnville, Florida this ft 40 0jomtary, 202U. t, Nancy G i ordano-Ramos, Vim Presidegt 4f Nt2lvl insurance Company, do hereby certifl+ that the above and foregoing is a true e?tad correct copy of a Power of Aaomey executed by said Company which is still in force and effect. IN WITNESS WHEREOF, I barite hereunto set my hand and affixed the seal of Said Company at JwJw=ville, Flo atbis day of December 2022 . t 1829 � WARNING: Any nanauthotized reproduction or ShInxtim` Of #bis documed it pmhMed, TU CC)"M VALIDITY of the a#wUd bod plow call 1-SW325-SW, TO SUBMIT A CLADC' Sendall, tib 55 WaA.SbVK Lorne, NH 03431.x; B46d Chi= - 13 r4GIui iNwRANc swhemy' :. KNOW ALL MEN BY THESE PRESENT TbMINGMhourancoCampay, sFlorida corporation having its pr% dv s in the City of Jacimmil1q, Stile-s#'florWto A** IV, $ of4o *4Um of said CompaWjr 4*`WW "UCTIOAl2. The boatd of dlbwWm owsat, auny vicepesidettt, ae ►, or the treasurer shift booft and authority tib appoint aflorneya-hi-Awt and to audodge Ihm to executeviin behalf of the company andaft lLQ ittd of9mcompmy thereto bonds, rwAguzances, contracts of indemnityiw- obligatory in the rte of a baaotl, rampizaece or conditional tntdertelting and to remove any such sompykwOwtot.any time and revoke the power gad authority given to them." does hereby make, eonstittlttCiW.appoint Nancy Giordano -Ramos -iftlrueAmd ham Attorney-in-fact, to make, tom, seal and deliver for and on its behalf, and as its act and deed boric 84OW47 44M Pe6amber 31, 2022 , OA b if of — Paul L Westeott'"*` in favor Of Iridian Rhw Count* Hospital District for Plvet Thousand and ttMM DORM o 6.000 and to bind NOM irrsutamce Company as fid► and to the same extent as if such instrument w9ssJOW by do ri ndwriged of MGM Insurance this act ofsabl Attorney is hereby ratified apd confirmed. . oecs Comfy; This power ea ttuoey is signed end seaidllby facsimile under and by the a * ofto o ;ti*loal, Oy eDirectors of NQM Imirance Cerny at a meeti* duly called end bold on 66 r af0weniber 1471 Voted, That the signature of any officer authorized by the By -Laws and the company sear may be Affixed by thosimite to any power of attorney or special power of attorney or certification of either givens for flee exvcution at" . book undertaking, recognizance or other written obtigation in thee_ ip thereat -mob eigntwwwd treat, wboat o awed b*g hereby adopted by the company as the original signature of such officer and the original NO dt *e a9ooms%ba be w4d "b ending upon the company with the same force and effect as though manually affixed. 1N 1MTNEuc`S WHEREOF, %iQdi+I btsurance Company has caused these presents to be t by its Vice Oral Counsel and Mary and its corporate seal to be hereto affixed this 7th day of January, 2bd. XGM BMURANGB C MPANY 1)r. 4"i -K PY40A.) IM n't0�r Kimbe rty K. LAW Slfe ofFlorida, Vie. President, Gaterd Coo" std Soovewry County dfDuval . Can this 7th day of January, 2020, bdlaowft subscriber a Naftry Pabris c+ftWe of Plorida in and fords y ofb" duly ,corrixissioneclAbd qualified,, came Kimbqjy K. Law6(N0U1wm1rAWCqpqxqyto me p r t9obo*o,officer described herein, and w1w executed the preceding instrument, and she acknowledged the execution of same, andbeing by ase fully sworn, deposed and said that Ae is an officer of Raid Company, eft "d: that the seal affixed to the preceding inherit is the earporate seal of said Company, and �e sajdtoiponate seal and here at. Cstvan d*sffiwd and subscribed 10.60 d tument by the sulhoft and direction of the said Company; dot Article TV, Section tO& By -!Am of said Company is now. ki i'o= IN VVITNE^aS WHEREOF, I have hereunto set my hand and aff'fixed,by of _at JadwavikBorids dds i*AW otAw W 71� 7 rr+�� c�►i`� i'1� N�araiwi i, Nancy Giordano -Ramos, Vise President of NGM Insurance Company, -do hoblttr flint ttbtjar?e a is d correct copy of a Power of Attorney executed by said Company wblch;i�#kil_ias fxw mud afea 1M.t OT040w . , I love hereunto set my hand and affixed the seal of said Company at J t "I Us i doy4O Dooew . 2022 Ce 1823 i e WARN NO- Atiy wmffio mproduc mor ofdoe me'w b a . 4(4 . TO CORM VA.�II,= of Mite' et ba W ple =1 cavi i -SW TCO: SUBMM A CLAIM: Saud all correspondence~ W 55 alai Stmg, Xoamtk NIS OW .1 St ed Claims. 514GM INSURANCE�' POWER O 1111"`i`C) �f .:.kiewibr+t7lrrWnlYutJfm,dlrOrOYP S-932809 KNOW ALL MEN BY THESE PRESENTS: IUMM immee Mosm, a Aida corporadon bav*I t ile p rincigal office j to the City of Jarl£sonvH1o, Sto' of Florida, pwsti * to A9dclo IV, Sectio# 2 of the By4Avm of said may,10 Wit "tBt:."I'ION 2. The bowd of directors, the prodder4 so via Pa'at de sem±; or the taessuter shall have the power and authority to WoW attorneys4n.fectautd toadwha6m to =aeaft on behalfofthe.componyaud, affix the seal of the company tom, beside, meoginig anemeoatiacts of indwvity or writiaV obli�+ in �a.� of a band, recognizance or gandWond undauiiug and to remove any such attorneys arfauct army *u W make the power and authority given to them." j does hereby make, eoostiMte laid appoint Money Giordano -Ramos its true and lawfW Attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed bond number S-932808 dated December 31. 2022 on behalf of — William p Cooney"""" in favtsr of Indian Raver County Hospital Oftict fa Five Thousand and 001900 Dollars iS 5,00Q . ) and to bind MEM Insurance Company thereby as fully and to the same extent as if instrument was signed by tba ipasthorb*d offiieft.,bfNOM insurance Company; this act of said Attorney is hereby ratified trod ecutfirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the follovr* rdmgU" 940FIled by the Directors of NOM Insurance Company at a meetitlgg duly hied and held on the 2nd day of December 1971. Voted: That the signature of arty offow ru dwdzed by the By -Laws and the company seal may be at'ii by f mindile. to any power of attorney or atl wer of attom or certification of either given for the execution of an bturd, undertaking, I� Y 1 ' .Im e1' 8r Y g recognizance* or other wrinim oWiptiowin tiro nattire thereof; such signature and seal, when so used being hereby adopted by the company as the otigioal bignature of suchAfficer and the original seal of the company, mpany, to be valid and binding upon j the copy Willi the saine fotaee -and eOnt as *oegh manually affixed. IN WiPWSS WHEREOF, NCM Ise Caimpany has caused these presents to btaigned by its Vice President, General Counsel and Secretary and its coape do #anal to be hereto affixed this 7th day of Janna' 2W. NOM MtMANM COWANY Ry. Kimwft ti r t j . • v' b t ora JL Lsw i State bfFWx* VinE .t3Ox1lCpitc*al44dSa tart' Camey ofDuvai On tills 7dr day of January, 2020, before the subscriber a`Nt ky Publie:al 'Mpe afFlorida in and forft Ct r, 6l titer com nedend qualified, came Kimberly IL Low Iii I�QM Insurar y, to me personally known is be daseribed herein, and who executed the preceding instrument, and she acknowledged the execution of same, and being by me or i; deposed and said that she is an offiew of said Company, aforesaid: that the seal affixed to the preceding instrument is the trash afttaid Company, and tho said apmmte seal atsd'W sowOftasOOW Woo duly affixed and subscribed to the said W'06iby authority and nd '' ' of the said Con*my; *9 AAW* I-t,.ked6iK 2 of the By -Laws of said Company is now to force. tN VKTNESS MEREOF, I haves at my bW and affbce,d by offigW seal at.Jacksonville, Florida this 7th day ofJonvery,: 2020. uP~erniaMi I, Nom'' Ciordano-Ramos Vice President of iYM Insurance Com, � s do ot + mac the above and foregoing is tt ire amidcorrect copy of &, Power of Attorney ex=ted by Wd Company W" i aZ is mag a" WOL 04 WTNM OftiwcfC , I;1 77 hereunto set my hand and affixed the seal of said Companyat hwb titsvft raft t t day of December 2022 WARNING: Any una hOr zed t frlldti4 Tari or 0=4+� Qftd*dO prW' , TQ Comm vALUTFY of`tl�s To SUBMIT A CLAIM: Send all to 55 Vegfteek Kew.1+H.i1. Atmos Bad, CM. COPMNUATION CMMLATE B4P D S-836421 CONTINUATION CERTUPICATE BOND S-903294 Principal: Obligee: Kerry Bartlett Indian RiVer CoMy. Hospital Distrix: 413 Pineapples Squere SW 1000 30 Street Vero Beach, FL 3M VjMB4wb FL 3296 Bond Term in Months: 12 Effective Date: 12 3 Expirad t 1213(1/2(124 Penalty Amount: $5,000.00 Type of Bond: Public 0f5Ai lY9 Wd Classifica:#"c Cil Not Otherwise Classified Aaw>ckw Roard of Director It is hereby agreed that the captioned an mbere d Bond is contiftW 14 force in the above amount for the period of the continued term stated above and is subject to. all the covenants and condft» of said Boa& This continuation shall be deemed a part of the orij*d and nota new obligation, no matter how long the Bond has been m force or how malty premiums are paid for the Bow, unless oiheMse.provided for by statute or ordinance applicable. In witness whereof, the company has end this inswament I* be; eptly wiped, sealed and dated as of the above "continuation a#%e�ve, ilatc". NOM INSURANCE COWANY Y. OAVO-` INDIAN RIVER COUNTY, FLORIDA INFORMATIONAL ITEM Parks, Recreation & Conservation Department Parks Maintenance Division Date: February 22, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Parks, Recreation & Conservation Director From: Brad Dewson, Parks Superintendent INFORMATIONAL BCC Meeting 03-19-2024 Subject: Introducing the Opening of the New Dick Bird Disc Golf Course Playing disc golf has plenty of benefits, especially for your physical and mental health. Over the past few years, there has been a massive increase in the number of people playing this sport. If you play disc golf consistently, you will notice yourself becoming more creative, stronger, healthy, and happy. The sport is inexpensive and therefore inclusive. Disc golf courses are easy to install, and they can offer the highest return for a park with a very low-cost investment. In November of 2019 Indian River County Parks Maintenance Division installed a 9 -hole disc golf course at Kiwanis Hobart Park. Since that time the course has been expanded into an 18 -hole course. Treasure Coast Disc Golf Club has adopted Kiwanis Hobart Park as part of the County's Adopt -A - Park program. Besides litter control they help in maintaining the course and assisting in course improvements. Having this course and the daily traffic from players has discouraged people from misusing the park. The Hobart course is the second most used Treasure Coast course out of the nine courses in the area according to the U -Disc scoring app. The course is home to 4-5 tournaments per year bringing in players from neighboring counties. The success of the Hobart course has led Parks staff to build an 18 -hole course at Dick Bird Park. The course is designed as a shorter course meant for beginners and intermediate players as well as advanced players working their short game. The intent of the shorter course was to offer disc golf in a second location, close to the Intergenerational Recreation Center, where beginners of any age can be introduced to the game of disc golf through regular recreation programming. This course is currently open to the public and will be totally completed in March of 2024. APPROVED AGENDA ITEM FOR MARCH 19, 2024 20 MEMORIALIZE & HONOR YOUR WWII VETERAN FAMILY MEMBER The WWII Tribute committee welcomes items from your family member's WWII service. These symbols of remembrance will be placed in a sealed brass shell casing and permanently imbedded within the concrete foundation of the WWII Tribute to be constructed soon on Veterans Memorial Island Sanctuary (VMIS). Suggested items include dog tags, rank, branch, US and hat insignia, uniform patches, medals and decorations and small personal items. Items must be small; no greater than 4" to fit inside the shell casing. You may drop off your items during the period March 1-22 at Victoria Ashley Fine Jewelry, 645 BeachIand Blvd (Beachland Plaza on Orchid Island), Tuesday thru Saturday, 10:OOAM to 5:OO13M. OR, you may bring them to the Tribute Groundbreaking Ceremony, March 23rd, 11:O0AM on VMIS; (the big US flag on the east end of the Barber Bridge). If you wish to include your family member's name on the list of WWII veterans memorialized in the capsule, please complete the following form and submit it with your items. This list will be available to the public on the WWII Tribute website which will be accessible to VMIS visitors via a QR code prominently displayed at the site. PLEASE INCLUDE MY FAMILY'S WWII VETERAN on the LIST of those for whom ITEMS will be placed within the MEMORIAL CAPSULE VETERAN'S NAME SERVICE DONOR'S NAME RELATIONSHIP 22 9A Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: March 7, 2024 Subject: Miscellaneous Budget Amendment 04 Description and Conditions: 1. On February 20, 2024, the Board of County Commissioners approved the additional $2,500 the City of Vero Beach had requested for their Fourth of July firework display. Exhibit "A" appropriates $2,500 from MSTU Fund/Reserve for Contingency. 2. On February 20, 2024, the Board of County Commissioners approved the allocation of $305,572 for the current fiscal year to fund the 19th Judicial Circuit Drug Court Program. Exhibit "A" appropriates the revenue and expense to the Opioid Fund. 3. On February 8, 2024, the Board of County Commissioners transferred the Gifford Gardens property to Habitat for Humanity. Exhibit "A" appropriates $3,227 from General Fund/Reserve for Contingency to fund the remaining Indian River County Utility service availability charges the County is responsible for. 4. The Florida Emergency Communications Board has approved special disbursements to each county to enhance their cybersecurity capabilities as they transition to next generation, IP based 911 systems. Exhibit "A" appropriates the $50,000 disbursement to the appropriate revenue and expense accounts in the 911 Surcharge Fund. 5. On January 9, 2024, the Board of County Commissioners approved the Florida Department of Health EleGARD Grant. Exhibit "A" appropriates $31,200 to the revenue and expense accounts. 6. On March 5, 2024, the Board of County Commissioners approved an additional $20,000 be awarded to Play Treasure Coast Sports Commission from the Tourist Development Fund/Reserve for Contingency. Exhibit "A" appropriates the funding. 7. On March 5, 2024, the Board of County Commissioners approved modification #2 of the Emergency Management Program Grant. Exhibit "A" appropriates $25,665 to the grant's revenue and expense accounts. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2023-24 budget. 23 RESOLUTION NO. 2024- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2023-2024 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2023-2024 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2023-2024 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2023-2024 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph Earman Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2024. Attest: Ryan L. Butler Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners M APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 24 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 04 Entry Type Fund/ Department/Account Name Account Number Increase Decrease MSTU/Recreation/Special Events 00410872-041110 $2,500 $0 1. Expense MSTU/Reserve for Contingency 00419981-099910 $0 $2,500 Revenue Opioid Fund/Opioid Settlement Charges 147034-349350 $305,752 $0 2. Expense Opioid Fund/County Court/Drug Court 14790234-088940 $305,752 $0 General Fund/Water & Sewer Service/Gifford 00126936-034320-20022 $3,227 $0 3. Expense Gardens General Fund/Reserve for Contingency 00119981-099910 $0 $3,227 Revenue 911 Surcharge/911 Special Disbursement 120033-335229 $50,000 $0 4. Expense 911 Surcharge/PSAP Cybersecurity 12013325-035275 $50,000 $0 Revenue Emergency Services/Other Miscellaneous 114038-369900 $31,200 $0 5. Revenue Expense Emergency Services/Fire Rescue/Other 11412022-066490 $31,200 $0 Machinery & Equipment Tourist Development/Treasure Coast Sports 11914572-088340 $20,000 $0 6. Expense Commission Tourist Development/Reserve for Contingency 11919981-099910 $0 $20,000 Revenue General Fund/Emergency Management 001033-331231 $25,665 $0 7. Program Grant Expense General Fund/Emergency Management/Other 00120825-035290-05050 $25,665 $0 Operating Supplies/EMPG Grant 1 of 1 25 ON INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 26, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of Bid 2024031 for New Restroom Facility at Fran B. Adams North County Regional Park BACKGROUND: On behalf of the Parks, Recreation and Conservation Department, sealed bids were solicited for the construction of a restroom facility at the Fran B. Adams North County Regional Park, located at 9450 County Road 512, Sebastian, as well as associated utility and parking improvements. ANALYSIS• Advertising Date: Bid Opening Date: Solicitation Broadcast to: Bid Documents Requested by: Replies: January 7, 2024 February 7, 2024 logo Subscribers 25 Firms 4 Firms De La Hoz Builders, Inc. Sebastian $559,241.00 Don Hinkle Construction Fort Pierce $567,942.46 Island Harbor Custom Builders Sebastian $572,500.00 Jobear Contracting, Inc. Palm Ba $616,o80.00 The design engineer for the project, Masteller & Moler, Inc., reviewed the responsive bids, and determined De La Hoz Builders, to be the lowest, responsive, responsible bidder, and has recommended award to them. The Parks, Recreation and Conservation Department concurs with this recommendation. De La Hoz Builders has performed work on projects for the County, including Jackie Robinson Training Complex Ticket Office Renovation and through the SHIP/CDBG Program. 26 FUNDING• Expenses, in the amount of $559,241, will come from the Fran B. Adams Park Soccer Fields Improvements account, funded by County Impact Fees, Parks, Improvements Except Buildings, account number 10321072-o6639o-16005. County Impact Fees/Parks/Improvements Except Buildings/Fran B. Adams Park Soccer 10321072 -o66390 -16o05 $559,241 Fields RECOMMENDATION: Staff recommends the Board award Bid 2024031 to De La Hoz Builders, approve the agreement, and authorize the Chairman to sign the agreement after receipt and approval of the agreement and the required public construction bond by the County Attorney as to form and legal sufficiency, and after receipt and approval of the required insurance by the Risk Manager. So long as there are no changes in the dollar amount under the agreement, upon adequate completion of the work set forth in the agreement, staff is directed to make final payment and release any retainage to De La Hoz Builders, after review and approval by the Purchasing Manager and the County Attorney's Office. ATTACHMENT Agreement 27 SECTION 00520 Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1- WORK...................................................................................................................2 ARTICLE 2 - THE PROJECT.......................................................................................................2 ARTICLE3 - ENGINEER............................................................................................................2 ARTICLE 4 - CONTRACT TIMES................................................................................................2 ARTICLE 5 - CONTRACT PRICE.................................................................................................3 ARTICLE 6 - PAYMENT PROCEDURES.....................................................................................3 ARTICLE 7 - INDEMNIFICATION..............................................................................................4 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS...................................................................4 ARTICLE 9 - CONTRACT DOCUMENTS....................................................................................6 ARTICLE 10 - MISCELLANEOUS...............................................................................................7 [The remainder of this page was left blank intentionally] Agreement (Public Works) REV 04-07 - 005228 SECTION 00520 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (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 includes installation of a new restroom building to serve the playground area north of the existing softball complex, as well as associated utility and parking improvements 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: NEW RESTROOM FACILITY AT FRAN B. ADAMS NORTH COUNTY REGIONAL PARK FM Number: N/A Bid Number: 2024031 Project Address: 9450 County Road 512 Sebastian, FL 32958 ARTICLE 3 - ENGINEER 3.01 OWNER's Consultant, Masteller & Moler, Inc., 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 240th 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 270th calendar day after the date when the Contract Times commence to run. Agreement (Public Works) REV 04-07 - 00522-9 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 566.00 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 $566.00 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. 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 5.01.13, 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: Numerical 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. 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. Agreement (Public Works'REV 04-07 - 0052M 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 6.03 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. 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 Agreement (Public Warks) REV 04-07 - 0052311 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. 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-verify_.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. CONTRACTOR is Agreement (Public Works) REV 04-07 - 005201-2 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 00520-10, 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 00700-38, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-13, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet (001), and sheets numbered 002 through E-3, inclusive, with each sheet bearing the following general title: New Restroom Facility Fran B. Adams North County Regional Park; 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Subsurface Soil Exploration and Geotechnical Engineering Evaluation 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); Agreement (Public Works) REV 04-07 - 005233 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. 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 Agreement (Public Works) REV 04-07 - 0052M A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONTRACTOR or keep and maintain public records required by the County to perform the service. If the CONTRACTOR transfers all public records to the County upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(c-indiariver.gov Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. 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] Agreement (Public Works) REV 04-07 - 0052" 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: By: Susan Adams, Chairman John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CONTRACTOR: 0 Attest (Contractor) (CORPORATE SEAL) By: K. Keith Jackman, Assistant County Attorney Address for giving notices: Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Elizabeth Powell, CPRP Title: Parks, Recreation, & Conservation Department Director 1590 9' Street SW Vero Beach, Florida 32962 (772) 226-1780 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 * * Agreement (Public Works) REV 04-07 - 0052M CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 27, 2024 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of Bid 2024033 —Annual Right -of -Way Mowing BACKGROUND: On behalf of the Road and Bridge Division, annual bids were requested for contractors to perform mowing in six roadway right-of-way sections. The most recent agreements for this work expired on February 7, 2024. The new term of award will be one year, with the option of two one-year extensions, subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. BID RESULTS: Advertising Date: January 12, 2024 Bid Opening Date: February 9, 2024 Demandstar Broadcast to: 258 Subscribers Bid Documents Obtained by: 31 Vendors Replies: 7 Contractors ANALYSIS: The invitation to bid noted that each section will be awarded in its entirety, with Contractors eligible to be awarded one or more sections. The bid documents also provided that the County reserves the right to award the work in a manner that is in its best interest. Therefore, the department reviewed the bids and proposed distribution of the work among five of the seven contractors. The two bidders not recommended for award either did not provide evidence of sufficient staff and equipment, or had been awarded work by the County previously, but did not perform to expected standards. The annual bid totals for each of the six sections and staff's recommended award are shown on the table on the next page. 37 CONSENT The total quantities and pricing for each of the sections, as proposed for award, are shown in the table below. Section 1- Oslo Road, 27' Ave and 27th Ave SW Section 1 - Total Annual Section 4 - Per cut price Quantity Bid Oslo Road Section 2 - Section 3 - Vero Lake Section 5 - $1,200 Bidders Name and 27th 58th 66th Estates SR 60 North U.S. Section 6 - Total Annual Avenue/27th Avenue Avenue Medians and 1 South U.S. 1 24 $36,000 Section 3 - 66th Avenue SR 60 Right -of - Total Annual STS Maintain Services Per cut price Avenue SW Bid A. All 66th Avenue Areas $1,870 24 $44,880 Way Jeffery Hogues Lawncare - $84,000 $36,000 $108,000 NB NB NB Vero Beach Mow 4 Less - Fort Pierce NB NB NB NB NB $35,400 Fullers Lawn Care -Orange $50,400 $25,200 $28,080 $49,500 $45,000 $23,400 City Brightview Landscape $69,078 $44,766 $47,196 $62,052 $60,852 $32,364 Services, Inc. -Vero Beach J -Mac Cleaning Services - $84,000 $48,000 $60,000 $90,000 $48,000 $72,000 Miami Kerner Environmental - $88,128 $53,256 $58,440 $70,860 $48,072 $44,772 Stuart STS Maintain Services, Inc. $58,560 $47,496 $44,880 $84,000 $57,000 $59,352 - Palm City The total quantities and pricing for each of the sections, as proposed for award, are shown in the table below. Section 1- Oslo Road, 27' Ave and 27th Ave SW Total Annual STS Maintain Services Per cut price Quantity Bid A. All Oslo Road Areas $1,220 24 $29,280 B. All 27th Avenue/27th Ave SW Areas $1,200 24 $29,280 Total Annual Bid for Section 1 (sum of A and B) $58,560 Section 2 - 58th Avenue Total Annual Jeffery Hogues Lawncare Per cut price Quantity Bid A. All 58th Avenue Areas $1,500 24 $36,000 Section 3 - 66th Avenue Total Annual STS Maintain Services Per cut price Quantity i Bid A. All 66th Avenue Areas $1,870 24 $44,880 38 CONSENT Section 4 —Vero Lake Estates and SR -60 Account Description Available Balance Total Annual Fullers Lawn Care Per cut price Quantity Bid A. All Vero Lake Estates Areas $687.50 24 $16,500 B. All SR -60 Median Areas $687.50 24 $16,500 C. All SR -60 Right -of Way Areas $1375 12 $16,500 Total Annual Bid for Section 4 (Sum of A, B, and C) $49,500 Section 5 — North U.S. 1 $17,080 11121441-034990 Total Annual Kerner Environmental Per cut price Quantity Bid A. All North U.S. 1 Areas $2,003 24 $48,072 Section 6 — South U.S. 1 Total Annual Brightview Landscape Services Per cut price Quantity Bid A. All South U.S. 1 Areas $1,348.50 24 $32,364 r31rar■ 0flet Estimated expenditures for the seven months of services for the remainder of FY23/24 are listed below in the Transportation Fund/Road & Bridge division. Account Number Account Description Available Balance Bid Cost for FY 23/24 11121441-034675 Maintenance -58`h Ave Mow & Landscape $57,400 $21,000 11121441-034676 Maintenance -66th Ave & VLE Mow & Landscape $66,790 $35,805 11121441-034677 Maintenance -27th Ave Mow & Landscape $44,358 $16,800 11121441-034678 Maintenance -US 1 Mow & Landscape $79,505 $46,921 11121441-034681 Maintenance -Oslo Rd Mow & Landscape $57,218 $17,080 11121441-034990 Other Contractual Services $26,005 $17,875 RECOMMENDATION: Staff recommends the Board award Bid 2024033 to STS Maintain Services (Sections 1 and 3), Jeffery Hogues Lawncare (Section 2), Fullers Lawn Care (Section 4), Kerner Environmental (Section 5), and BrightView Landscape Services (Section 6) and authorize the Purchasing Division to issue blanket purchase orders with the selected contractors. Staff also recommends the Board authorize the Purchasing Manager to renew this bid at the same rates for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and thedetermination that renewal of this annual bid is in the best interest of Indian River County. INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 27, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Approval of Agreement for RFP 2024014 — Jones' Pier Conservation Area Design & Fabrication of Interpretive Center Exhibits BACKGROUND: On January 23, 2024, the Board approved the final ranking of firms and authorized staff to enter negotiations with the single firm who proposed interest in this project, Ritacco & Chan Architecture, LLC (Firm). DISCUSSION: Staff met with the Firm and negotiated the design, fabrication, schedule, and cost of various exhibit items for this project. They include an interactive projection wall, time-lapse underwater camera, and "Mary's Corner", which highlights the original owners of the Jones' Pier properties. FUNDING: Funding for work performed under the agreement will come from the Land Acquisition Series 2004 Referendum Fund/ Land Acquisition/ Construction in Progress/ Jones Pier Improvements account, number 14514639-o66510-18o1o. Account Name Account Number Total Land Acquisition Series 2004 Referendum Fund/ Land Acquisition/ Construction in ` 14514639-o66510-18olo $228,800.00 Progress Jones Pier Improvements account RECOMMENDATION: Staff recommends the Board approve the agreement, and the cost attached for Ritacco & Chan Architecture, LLC, and authorize the Chairman to execute the agreement after review and approval by the County Attorney as to form and legal sufficiency. Attachments: Agreement 40 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Ritacco & Chan Architecture, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Design and fabricate environmental education exhibits planned for the Interpretive Center at the Jones' Pier Conservation Area ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Jones' Pier Conservation Area Design & Fabrication of Interpretive Center Exhibits RFP 2024014 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before September 15, 2024. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $338 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. 41 ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ $228,800.00 Written Amount: Two hundred, twenty-eight thousand, eight hundred dollars and zero cents. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Progress Payments. 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 amount due to CONTRACTOR until substantial completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 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. 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. 5.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule 42 of values established, or in the case of unit price work based on the number of units completed. 5.03 Paragraphs 5.01 and 5.02 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. 5.04 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 Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. S.OS Contingency A. Contingency items will only be paid upon prior approval from the Department and these items are not a guarantee and are excluded from regular draws. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Request for Proposals 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 obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data 43 concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. K. Contractor will comply with all the requirements as imposed by the Americans with Disabilities Act of 1990 ("ADA"), the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Certificate(s) of Liability Insurance; (4) Request for Proposals 2024014; (5) Addenda (numbers 1 to 1, inclusive); (6) CONTRACTOR'S Submitted Proposal; (7) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (8) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (9) Certification Regarding Lobbying; (10) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (12) Contractor's submitted Phase 2 proposal (13) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 45 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@indianriver.gov Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT 46 A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that 47 Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 48 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 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Susan Adams, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest K. Keith Jackman, Assistant County Attorney Address for giving notices: Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Wendy Swindell, Conservation Lands Manager 1590 91h Street SW, Vero Beach, FL 32962 (772) 226-1781 wswindell@indianriver.gov License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 49 Exhibit 1 to the Agreement — Pricing 50 ARCHITECTURE PLAN NING COMMUNITY RFP 2024014 Jones' Pier Conservation Area Design & Fabrication of Interpretive Center Exhibits 7770 Jungle Trail, Vero Beach, Florida 32963 , DESIGN AND FABRICATION BUDGET Revised 2/28/2024 DESCRIPTION QUANTITY PRICE TOTAL AMOUNT Media Wall Carpentry/Storage 1 $60,000.00 $60,000.00 Built -In Cabinet Storage/Seating 1 $2,000.00 $2,000.00 Drywall, blocking, painting, patching, installation as required 1 $0.00 $0.00 Video wall large screen or smaller screens with video table 1 $20,000.00 $20,000.00 Underwater camera and installation 1 $0.00 $0.00 Time lapse video, photos 1 $7,000.00 $7,000.00 Software support for interactive screens 1 $15,000.00 $15,000.00 Mary's Corner - interactive projection unit 1 $10,000.00 $10,000.00 Chairs and tables at Marys comer 1 $3,000.00 $3,000.00 Frames, printed media 1 $8,000.00 $8,000.00 Blackout shades 1 $5,000.00 $5,000.00 BASE TOTAL $130,000.00 10% Construction Contingency $13,000.00 10% Overhead & Profit $13,000.00 Estimated Construction Total: $156,000.00 Design $54,600.00 Construction Administration $18,200.00 Estimated Budget Total: $228,800.00 Exclusions: Aquarium tank, equipment & fish Exhibition materials: photos, artifacts etc. Site WIFI Services iil: info@rcamyors 13 R + C ARCHITECTURE PLAN DING comma IITY I Date: February 28, 2024 To: Wendy Swindell, Ashley Lingwood, Indian River County Parks & Recreation Department From: George Ritacco, Yook Chan, R + C RE: Task Order for RFP No. 2024014 Jones' Pier Conservation Area Design & Fabrication of Interpretive Center Exhibits Manager for Project: George Ritacco Description and Scope of Work: R + C has been awarded with task to provide design and construction support for Jones' Pier Exhibition at the historic house. The area of work includes interior design of the Mary's Corner and general exhibition space. The scope of work includes design and construction support: 1. Custom 21'-0" cabinetry media wall with shelving and storage 2. Window bench seating with storage 3. Built-in closet and shelving at Mary's Corner 4. Projection interactive wall with water and sea creature theme at Mary's Corner 5. Selection of children's furniture, rug, seating at Mary's Corner 6. Organize presentation of the Jones family history with images and media display 7. Selections of video screen mounted on wall or mobile free-standing table 8. Software support to organize and feature displays on media screens in kiosk mode 9. Coordinate with Donadio on light fixture locations, 4" columns, electrical outlets, etc. 10. Selection of shade and window treatment 11. Explore time lapse video and underwater camera Design and Fabrication Schedule: 4 months design, 3 months construction 1/25/2024 Notice to Proceed 2/05/2024 Design Kick-off and meeting — presented model and concepts, preliminary budget 3/26/2024 Finalize Cabinetry design — 5% deposit for shop drawings 4/26/2024 50% deposit for custom cabinetry fabrication due (8-12 weeks lead time) 6/26/2024 All presentations boards for walls completed 7/26/2024 Cabinetry installation, all physical work including window treatments completed, Interior of house is finished and complete. Installation of projection wall equipment and media screens. 8/26/2024 Video and media content completion 9/2024 Fabrication completion Office: 2109 Hawk River Drive SW, Vero Beach, Florida, 32962 1 Phone: 772 588 4999 1 www.rcarch.org j Email: info@rcar�?org 11 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 27, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of RFP 2024014 for Jones' Pier Conservation Area Design & Fabrication of Interpretive Center Exhibits and Authorization to Negotiate BACKGROUND: On behalf of the Parks, Recreation and Conservation Department, a Request for Proposals ("RFP") was issued seeking qualified firms to provide design and fabrication services for environmental exhibits planned for the Interpretive Center at the Jones' Pier Conservation Area. One firm, Ritacco & Chan Architecture, LLC submitted a proposal. DISCUSSION: A selection committee comprised of Wendy Swindell, Conservation Lands Manager, Beth Powell, Parks, Recreation and Conservation Director and Ashley Lingwood, Conservation Lands Program Coordinator, independently reviewed and verified the firm is both responsive and responsible. The committee then met with Ritacco & Chan to discuss designs and exhibit specifications. After the discussion, the committee declared the ranking final. Staff is prepared to begin negotiations with Ritacco & Chan and bring the final agreement to the Board at a future meeting. FUNDING: Funding for work performed under the agreement will come from the Land Acquisition Series 2004 Referendum Fund/ Land Acquisition/ Construction in Progress/ Jones Pier Improvements account, number 14514639-066510-18010. RECOMMENDATION: Staff recommends the Board approve the final ranking of firms, award the RFP to Ritacco & Chan Architecture, LLC, and authorize negotiations with the firm. 53 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 4, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Second Extension and Amendment to Agreement for Disaster Debris Monitoring Services (RFP 2019062) BACKGROUND: On May 19, 2020, the Board awarded RFP 2019062 for Disaster Debris Monitoring Services, as may be needed to track debris removal after catastrophic events, such as tropical storms, hurricanes, or tornadoes, to DebrisTech, LLC. On March 15, 2022, the Board approved the first extension and amendment to this agreement. The contractor has agreed to the second extension and amendment, which will extend the term of the agreement through May 18, 2026. Changes made effective to Florida Statute and the Code of Federal Regulations during the initial term of the agreement require the incorporation of additional clauses to the agreement. FUNDING: Expenses incurred for work under these agreements are anticipated to be funded through FEMA's reimbursement of CAT A debris expenses. RECOMMENDATION: Staff recommends the Board approve the Second Extension and Amendment and authorize the Chairman to sign it after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENT: Second Extension and Amendment 54 SECOND EXTENSION AND AMENDMENT TO AGREEMENT FOR DISASTER DEBRIS MONITORING SERVICES This Second Extension to that certain Agreement to provide Disaster Debris Monitoring Services is entered into effective as of May 19, 2024, by and between Indian River County, a political subdivision of the State of Florida ("County") and DebrisTech, LLC ("Consultant"). BACKGROUND RECITALS WHEREAS, the County and the Consultant entered into an Agreement for Disaster Debris Management Services effective May 19, 2020; and WHEREAS, Article 4 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective May 19, 2020, and ended on May 18, 2022; and WHEREAS, the first extension commenced effective May 19, 2022, and shall end on May 18, 2024: and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional two years; and WHEREAS, Article 11 of the Agreement provides Federal Clauses; and WHEREAS, the parties desire to incorporate a new Federal Clause. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Consultant agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension. 2. The second renewal term shall commence effective May 19, 2024, and shall end on May 18, 2026. This is the final renewal available on this Agreement. Paragraph 11.17 is added as follows: Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 55 4.All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. DebrisTech, LLC By: Printed name: Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: Susan Adams, Chairman Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: K. Keith Jackman Assistant County Attorney 56 2019062 RFP for Disaster Debris Monitoring - Final PROPOSAL PRICING - RFP 2019060 for FEMA Debris Monitoring Proposer submits the following prices for the work described in this solicitation. Rates provided include all costs associated with the performance of the work, such as overhead and profits, lodging, meals, transportation, rentals, safety gear, telephone costs, cameras, GPS devices and all other materials, items and miscellaneous expenses. Daily and weekly rates shall be based on 12 -hour days, seven days per week. Position or _Equivalent Hourly Rate Daily Rates Weekly Rates 1. Project Manager $ 75.00 $ 900.00 $ 6,300.00 2. Operations Manager $ 65.00 $ 780.00 $ 5,460.00 3. Environmental Specialist $ 85.00 $ 1,020.00 $ 7,140.00 4. Field Supervisor $ 47.00 $ 564.00 $ 3,948.00 5. Field Monitor $ 34.00 $ 408.00 $ 2,856.00 6. TDMS and Drop-off Site Monitor $ 34.00 $ 408.00 $ 2,856.00 7. Supervising Monitor $ 34.00 $ 408.00 $ 2,856.00 8. Data Manager $ 34.00 $ 408.00 $ 2,856.00 9. Cost Recovery Specialist $ 95.00 $ 1,140.00 $ 7,980.00 10. GIS Specialist $ 00.00 $ 00.00 $ 00.00 11. Billing/Invoice Analyst $ 00.00 $ 00.00 $ 00.00 12. Administrative Support/Data Entry $ 00.00 $ 00.00 $ 00.00 Identify added value benefits (pro bono) related to debris monitoring that your firm will provide. Item/Description: DebrisTech will use its electronic debris monitoring system free of charge. DebrisTech will be available for pre -event debris removal planning consultina free of charae. DebrisTech will be available for pre -event debris removal planning consulting services free of charge. DebrisTech will be available to reconcile debris removal invoices and recommend for payment free of charge. Describe processes in place or methods used to ensure hours worked are reasonable and not inflated (attach additional pages, if necessary): While monitoring this debris removal proiect,_Debri_sTech will emplov its in-house developed electronic time keeping system. This system captures the exact time and place of every employee clock in. By capturing the exact time and place of every clock in and out we are able to ensure the hours recorded are hours working on your project. There will be no hours billed to the county that are not related to debris removal. Page 23 of 45 57 53 2019062 RFP for Disaster Debris Monitoring - Final The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown above all of the services specified in the RFP document, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. DebrisTech, LLC Name of Firm Authorized Signature 925 Goodyear Blvd Address Picayune, MS 39466 City, State, Zip Code President t 601 1 658 - 9598 Title Phone October 2019 brooks@debristech.com 54 58 T. - 0 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 6, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of Bid 2024038 —Annual Custodial Services for County Buildings BACKGROUND: On March 2, 2021, the Board awarded custodial services agreements for various county buildings to Clean Space and CER Signature Cleaning, with the final term due to expire on March 31, 2024. On behalf of the Facilities Management Division, sealed bids were solicited for new agreements, indicating firms will be awarded no more than a single group of buildings. The term of award is one year, with two one-year renewal options available, subject to vendor acceptance, satisfactory performance, and staff's determination that a renewal would be in the best interest of the County. Bid RESULTS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Bid Documents Requested by Replies: February 9, 2024 March 1, 2024 230 Subscribers 20 Firms 11 Firms One firm was disqualified after the public bid opening for failure of initial responsiveness review. Below are the results of the solicitation. Group 1 is comprised of the Courthouse and Main Library and Group 2 is the 43rd Avenue and North County Offices and the North County Library. Bidder's Name Location Annual Bid Group 1 Annual Bid Group 2 AK Building Services, Inc. Fort Lauderdale $221,4:29.84 $222,145.66 American Facility Services, Inc. Coral Springs $190,673.04 $542,492.40 American Janitorial, Inc. Alpharetta, GA $439,755.12 $422,978.40 Boro Building & Property Maintenance Sarasota $210,960.00 $196,800.00 CER Signature Cleaning Vero Beach $154,671.84 $150,290.40 Clean Space Coral Springs $196,952.00 $186,113.20 59 Bidder's Name Location Annual Bid Annual Bid General Fund/Facilities Management/ Janitorial Services $136,800.00 Group 1 Group 2 Custom Cleaning & Management Jupiter $274,822.20 $218,096.52 Services Corp General Fund/North County Library/ Janitorial Services $24,840.00 43rd Ave Complex Image Janitorial Services, Inc. West Palm Beach $197,718.84 $178,214.52 Marsden South, LLC Pompano Beach $195,728.76 $179,154.12 Padegeis Cleaning, Inc. Titusville $344,656.56 $475,535.04 Star Building Services, Inc. (Disclosure not Boston, MA $266,590.00 $197,252.88 properly signed or notarized) ANALYSIS: The division has determined the accepted bids to be responsive and responsible and has recommended award of Group 1 to American Facility Services and Group 2 to CER Signature Cleaning. The new annual cost represents decreases from current contracts as shown below, for a total estimated annual savings of $16,152.40. Group Current Bid Annual Cost Annual Cost Cost Decrease Group 1 (Courthouse and Main Library) $191,961.52 $190,673.04 0.7% Group 2 (43rd Ave Complex and North County) $165,154.32 $150,290.40 9.0% FUNDING: Funding for the custodial services is available in the accounts shown below. Group Account Number I Account Name Annual Cost American Facility Services, Inc. Courthouse 00122019-033410 General Fund/Facilities Management/ Janitorial Services $136,800.00 Main Library 00110971-033410 General Fund/Main Library/ Janitorial Services $53,873.04 C.E.R. Signature Cleaning North County Library 00111271-033410 General Fund/North County Library/ Janitorial Services $24,840.00 43rd Ave Complex 00122019-033410 General Fund/Facilities Management/ Janitorial Services $119,450.40 Traffic Operations Center 11124541-033410 Transportation Fund/Traffic Engineering/ Janitorial Services $6,000.00 RECOMMENDATION: Staff recommends the Board award the custodial services to: American Facility Services, Inc. (Group 1) and CER Signature Cleaning (Group 2). Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute it after review and approval by the County Attorney as to form and legal sufficiency and after the required certificates of insurance 60 have been received and approved by the Risk Manager. Staff also recommends the Board authorize the Purchasing manager to renew this agreement, under the same terms and conditions for two additional one-year periods subject to satisfactory performs, vendor acceptance, and determination by the Department that renewal of this agreement is in the best interest of Indian River County. ATTACHMENTS: Sample Agreement American Facility Services Pricing CER Signature Cleaning Pricing 61 2024038 Annual Custodial Services for County Buildings Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: BACKGROUND RECITALS: A. Through the competitive Invitation to Bid (ITB) process, the COUNTY has selected CONTRACTOR to provide custodial services at various facilities as more fully set forth in Exhibit 1(Required Duties and Frequencies) and Exhibit 2 (Contractor's Bid Form) attached to this Agreement and made a part hereof by this reference. B. The proposed work consists of scheduled custodial services at County -owned facilities, as described in the Invitation to Bid document (ITB 2024038, issued on February 9, 2024). C. The CONTRACTOR is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and D. The COUNTY and the CONTRACTOR wish to enter into this Agreement for the Contractor's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide explanation of layout of individual buildings and familiarization with any restrictions. 2.2 The COUNTY shall provide training for operation of security systems. 2.3 The COUNTY shall provide emergency call list for all facilities. 2.4 The COUNTY shall provide the following supplies for utilization for restrooms and offices: a. Paper towels for dispensers b. Toilet paper c. Trash can liners d. Hand soap for dispensers 3. RESPONSIBILITIES OF THE CONTRACTOR. 3.1 The CONTRACTOR agrees to provide the services in accordance with the scope of the ITB. 62 2024038 Annual Custodial3ervices for County Buildings 3.2 The CONTRACTOR shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONTRACTOR to render its Services as described in this Agreement. 3.3 A list of holidays the service will not be provided for the term of the Agreement is attached as Exhibit 3. 3.4 The CONTRACTOR shall be responsible for any and all damage to COUNTY equipment, furnishings and facilities directly attributable to his or her negligence or cleaning practices. 3.5 CONTRACTOR shall provide all necessary equipment to execute the work under this Agreement. Such equipment shall be maintained and operated in a safe manner at all times. a. Vacuums used shall be equipped with HEPA filters. CONTRACTOR shall have available a log showing the date and responsible party for replacing the filter cartridge. 3.6 To insure the safety of the public and the employees of Indian River County as the occupants of County facilities, it shall be the policy of Indian River County that the use of any chemicals or materials used in the cleaning and maintenance of County facilities be certified green. If it is determined for sanitary reasons that a non -green product must be used, then it shall only be utilized at times when the employees and public are not within the confines of the facilities being cleaned or sanitized. CONTRACTOR shall provide a list of materials used in their daily cleaning routine and provide evidence of their certification as being a green product. 3.6 No person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the Services to be performed by CONTRACTOR under this Agreement. CONTRACTOR does hereby covenant and agree that in connection with the furnishing of Services to the COUNTY, it shall not discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing the Services to the County, CONTRACTOR shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. 3.7 The CONTRACTOR will cooperate fully with the COUNTY in order that all work may be properly scheduled and coordinated. 3.8 The CONTRACTOR shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. 3.9 Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e- veri ov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S.. Contractor is also responsible for obtaining proof of E -Verify registration for all subcontractors. 4. TERM OF AGREEMENT. 4.1 This Agreement shall remain in effect for a term of one year, unless otherwise sooner terminated as provided herein. The Initial Term may be extended by mutual consent of the parties hereto for a maximum two additional one-year terms. 63 2024038 Annual Custodial Services for County Buildings 5. COMPENSATION. 5.1 CONTRACTOR shall bill the COUNTY monthly, after completion of work. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). No advance or prepayment will occur. 5.2 Adjustments shall be made to compensation due under any of the following circumstances: a. If any work which is scheduled for daily, weekly or monthly performance is omitted or unsatisfactorily performed, the CONTRACTOR will be notified in writing of the failure or omission. An adjustment or deduction may be made from any monies due or to become due the CONTRACTOR. Adjustments or deductions will be consistent with the per square foot rate for the building the deficiency occurs and for the period of time the deficiency remains uncorrected. b. In the instance where room cleaning has not been satisfactorily performed or portions of the work have been omitted or improperly performed a deduction will be made for the entire room. 6. INSURANCE AND INDEMNIFICATION. 6.1 The CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY's Risk Manager. 6.2 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage and bond coverage as set forth herein. 6.2.1 Workers' Compensation: To meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include employers' liability with a limit $1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. Such policy shall include a waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the CONTRACTOR. 6.2.2 General Liability: A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less than $1,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). 6.2.3 Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non-Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury protection -- statutory limits; $100,000 uninsured/underinsured motorist; $100,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). 6.2.4. Surety Bond: Also referred to as a Fidelity Bond or Theft Bond to provide the County protection from Contractor's employee theft, fraud and other misconduct. The Bond amount will be no less than $100,000. 6.3 Contractor's insurance and bond coverage shall be primary. 6.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A- VII or better. 6.5 The insurance policies procured shall be occurrence forms, not claims made policies. 64 2024038 Annual Custodial Services for County Buildings 6.6 A certificate of insurance and evidence of bond coverage shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 6.7 The insurance and bond companies selected shall send written verification to the COUNTY's Risk Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 6.8 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and bonds; and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. 7. TERMINATION. 7.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon sixty (60) days' prior written notice to the CONTRACTOR; or (b) by the CONTRACTOR, for any reason, upon sixty (60) days' prior written notice to the COUNTY; or (c) by the mutual agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 7.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONTRACTOR shall be payment for those portions of satisfactorily completed work. Such payment shall be determined on the basis of the hours of work performed by the CONTRACTOR, or the percentage of work completed as estimated by the CONTRACTOR and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONTRACTOR, elect to employ other persons to perform the same or similar services. 7.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 7.4 In the event that the CONTRACTOR merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement upon 30 days written notice. 7.7 The COUNTY may terminate this Agreement in whole or in part if the CONTRACTOR submits a false invoice to the COUNTY. 7.8 TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized 65 2024038 Annual Custodial Services for County Buildings Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. =LT11 'Ly:11IIe"kr911 a:Zi1T :'l[J9P►[.1 8.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees of the Contractor are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 8.2 Merger; Modification. Except as set forth in Section 8.2 above, this Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the COUNTY. 8.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 8.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 66 2024038 Annual Custodial Services for County Buildings 8.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 8.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 8.7 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 8.8 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties listed on the signature page of the agreement. Notices shall be effective when received at the address as specified. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 8.9 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. 8.10 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 8.11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 8.12 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the COUNTY's sovereign immunity. 9. CONTRACT DOCUMENTS 9.01 Contents A. The following documents are a part of this Agreement and incorporated by reference as if fully set forth herein and subject to such reference: (1) Certificate(s) of Liability Insurance; 67 2024038 Annual Custodial Services for County Buildings (2) Invitation to Bid 2024038; (3) Addenda (numbers 1 to 3, inclusive); (4) CONTRACTOR'S Bid Form (Exhibit 2) (5) Qualifications Questionnaire; (6) Drug Free Workplace Form; (7) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (8) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (9) Certification Regarding Lobbying; (10) 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). 10. Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@indianriver.gov 68 2024038 Annual Custodial Services for County Buildings Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 11. Federal Clauses 11.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. B. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, as appropriate. 69 2024038 Annual Custodial Services for County Buildings (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. C. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, as applicable. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Energy Policy and Conservation Act —The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. E. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida and Indian River County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recycled/Recovered Materials (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we b site, http://www.epa.gov/cpg/. The list of EPA -designate items is available at http://www.epa.gov/cpg/products.htm. G. Prohibition on Contracting for Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or 70 2024038 Annual Custodial Services for County Buildings essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor 71 2024038 Annual Custodial Services for County Buildings shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. H. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. I. DHS Seal, Logo, and Flags: The contractor shall not use Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre - approval. J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. K. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. M. Affirmative Steps: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 72 2024038 Annual Custodial Services for County Buildings 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 April 1, 2024. OWNER: INDIAN RIVER COUNTY By: Susan Adams, Chairman By: John A. Titkanich, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: K. Keith Jackman, Assistant County Attorney Ryan L. Butler, Clerk of Court and Comptroller CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name: Title: Address: Attest: Deputy Clerk Phone: (SEAL) Email: Designated Representative: Name: Chuck Belcher Title: Facilities Manager Address: 4305A 43" Ave Vero Beach, FL 32967 Phone 772-226-3491 cbelcher@indianriver.gov 73 2024038 Annual Custodial Services for County Buildings Exhibit 1— Required Duties and Frequencies The following list represents the minimum allowable standards for duties to be covered by this service contract. Some buildings may require more frequent attention due to operating hours/days, traffic or specific use patterns. The County shall be the sole determination of acceptable standards. Minimum Allowable Frequencies Daily — Offices, Hallways and Common Areas • Empty trash cans; replace liners, police building perimeter for trash • Empty and clean ashtrays and trash receptacles at entrances (big and small) • Clean and sanitize drinking fountains and public telephones • Spot clean walls, doors, trim and switch plates • Clean elevator walls, floors, doors and door tracks • Clean entrance doors and surrounding glass (inside and out). • Empty recycle containers and place materials in designated bins outside the building • Empty wastebaskets and remove trash from building (replace liners) • Vacuum all floors and corridors (both carpet and tile) throughout building Daily — Restrooms • Remove Trash • Restock Paper Towels • Restock Toilet Paper • Refill Soap Dispensers • Clean Mirrors • Damp Wipe Counters and Sinks • Sanitize Toilets • Sanitize Urinals • Clean Toilet Partitions • Sweep and Damp Mop Floors • Scrub Floors under Urinals • Clean Stainless with Stainless Cleaner Weekly • Spot clean all floors, including all offices • Dust all Flat Surfaces Monthly • Dust all a/c vents and wall mounted fixtures in all corridors and offices • Clean mildew off outside metal doors • Dust all furniture and window ledges • Damp wipe and sanitize inside and outside of waste receptacles • Wash and spray buff all vinyl floors in kitchen and elevators Quarterly • Strip and wax tile floors • Dust light fixtures, window wills and blinds 74 2024038 Annual Custodial Services for County Buildings Daytime Building Attendant: 16th St. Complex (Judicial Complex and Main Library) For Group 1: 16th Street Complex, the awarded contractors shall provide and include their submitted monthly cost an employee (minimum of 6 hours per day) for the purpose of attending to the daytime custodial needs of specified buildings as a part of this bid. This person must be able to speak and understand English. Attendant Duties: The attendant position is to supplement the Contractor's work staff by attending to restrooms and other heavily used public areas while the building is open. The attendant's duties shall not impede or significantly interfere with the operation of the building. However, temporary closing of restrooms for cleanup will be allowed. Examples of other duties: • Check and refill soap dispensers, toilet paper and paper towel dispensers. • Cleanup of spills and other emergency type cleaning duties. • Keep entrance doors and windows clean. • Empty trash and smoke receptacles at entrances. • Dust baseboards and conference room furniture when not occupied. • Perform duties outlined in the daily, weekly or quarterly duties that do not adversely affect the occupants, or visitors to the building. 75 2024038 Annual Custodial Services for County Buildings Exhibit 2 — Pricing 76 2024038 Annual Custodial Services for County Buildings Exhibit 3 — Scheduled Holidays The following Holidays will be observed during the initial term of the agreement (April 1, 2024 through March 31, 2025) Holiday County Observance Memorial Day Monday, May 27, 2024 Independence Day Thursday, July 4, 2024 Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year's Day Good Friday Martin Luther King Jr. Day Monday, September 2, 2024 Monday, November 11, 2024 Thursday, November 28, 2024 Friday, November 29, 2024 Thursday, December 24, 2024 Friday, December 25, 2024 Wednesday, January 1, 2025 Friday, April 18, 2025* Monday, January 20, 2025* *(tentative — pending CY 2025 holiday calendar approval by BCC) 77 2024038 Annual Custodial Services for Co*nty Buildings ! Bid Form Annual Custodial Services for County Buildings Bid #: 2024038 Bid Opening Date and Tlrne: March 1, 2024 2:00 P.M. I Bid Opening Location: Purchasing Division 1800 271h Street Vero Beach, Fl. 32960 The following addenda are hereby acknowledged: j Addendum Number Date I� 1 02/13/24 �j .......� , 2 02/16/24 I: 3 02/22/24 In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the follov ing: �� Ii � .. ' � ♦ �' .l4 p 7 � Yn „» tY ; �r rohitllly :. ,. ,.. ... N r.:..-,'., 5.Y � < i% �y, SZ } Amaur�t h ..R ,.. :✓: r ri}. -..:f w.hv� s�-F 1"u. 3 3) ,� 4 . --J ki�� '� } 111 •i4ny�al Amt;fiN �: _\� ti N r Group 1: Judicial Complex $ $ j Judicial Center $ 11,400.00 $ 136,800.00 i Main Library $ 4,489.42 $ 53,873.04 Total for Group 1 $ 15,889.42 $ 190,673.04 Group 2:431d Avenue Complex $ $ 43rd Ave. Administration Annex $ 31,325.00 $ $375,900.00 j Emergency Operations Center $1,520.00 $ $18,240.00 Traffic Operations Center $ 237,50 $ $2,850.00 Sheriff's Administration Buildings $ 3,511.20 $ $42,134.40 Sheriffs Building K $ 800,00 $ $9,600.00 Sheriff's Human Resources (modular) $ 800,00 $ $9,600.00 Sheriffs Crime Scene Facility $ 646.00 $ $7,752.00 Sheriff's Hanger $ 640.00 $ $7,680.00 Page 22 of 48 78 i i i 2024038 Annual Custodial Services for Co my Buildings Sheriff's Building F $560.00 $ $6,720.00 $ .095 North County Library $4,370.00 $ $52,440.00 $ .095 Sebastian Corners $798.00 $ $9,576.00 $ .16 Total for Group 2 $17,017.70 $ $204,212.40 $ .16 Group 1: Judicial Complex; Judicial Center $ .095 Main Library $ .095 Group 2: 431d Avenue Complex 43rd Ave. Administration Annex $ .095 Emergency Operations Center $ .095 Traffic Operations Center $ .095 Sheriff's Administration Building $ .095 Sheriff's Building K $ ,16 Sheriffs Human Resources (modular) $ .16 Sheriffs Crime Scene Facility $ .16 Sheriff's Hanger $ .16 Sheriff's Building F $ .16 North County Library $ .095 Sebastian Comers $ .095 Page 23 of 48 79 ,3 ii �k 2024038 Annual Custodial Services for Count i The undersigned hereby certifies that they have read and understand the contents of this s and agree to furnish at the prices shown any or all of the items above, subject to all in: conditions, specifications, and attachments hereto. Failure to have read all the provisio solicitation shall not be cause to alter any resulting contract or request additional compens Company Name: American Facility Services, Inc. Company Address: 1325 Union Hill Industrial Court, Suite A City, State Alpharetta, GA Zip Code 30004 Telephone: 770-740-1613 Fax: 770-475-7720 E-mail: hangel@amfacility.com; sperez@amfacility.com Business Tax Receipt Number: FEIN Number: 58-195084 Authorized Signature: Date: 02/28/24 Name: Harold Angel Title: Vice President IE (Type / Printed) Buildings icitation ,uctions, > of this 2024038 Annual Custodial Services forlCounty Buildings Bid Form Annual 'Custodial Services for County Buildings Bid #: 2024038 Bid Opening Date and Time: March 1, 2024 2:00 P.M. Bid Opening Location: Purchasing Division 1800 2711 Street Vero Beach, FL 32960 The following addenda are hereby acknowledg i Addendum Number 3 In accordance with all terms, conditions, specifi Date •a r � cations, and requirements, the Bidder offers the Facility Monthly Amount Annual Amount Group 1: Judicial Complex $ $ Judicial Center $ -t Ll S' 9 % L $ Main Library $ g v (9 • 0 � $ /00 C;p C> Total for Group 1 $ ` Tl Y 7, $ sw 8y Group Z: 43rd Avenue Complex $ $ 43rd Ave. Administration Annex $ i t�J 0 v pp $ 0.0 Emergency Operations Center $ 7 $tom. . Traffic Operations Center $ b o $ 0-0 Sheriff's Administration Buildings, $ i $ Sheriff's Building K $ 70&10-t,0 $ J v?-, 0 00 . 'D a Sheriff's Human Resources (modular) $ (j j� . C' $ j A -0O 0 v Sheriff's Crime Scene Facility $ 91007 $ 0 Sheriff's Hanger $ �� e $ C evo 00 i 2024038 Annual Custodial Services County Buildings Sheriffr's Building F $ bti 43rd Ave. Administration Annex North bounty Library $► .:• $Y 9Yo Sebastian Corners $ i _ Oar $ Total for Group 2 $ ,� V. a- $ t ;t CIO. Facility Per square foot rate Group 1: Judicial Complex: Judicial Center $ = 09 S Main Library $ = 0� S Group 2:431d Avenue Complex 43rd Ave. Administration Annex $ Emergency Operations Center $ = Oq Traffic Operations Center $ , Sheriff's Administration Building $ 0 I � Sheriff's Building K $ Sheriff's Human Resources (modular) $ Sheriff's Crime Scene Facility $ _ Sheriff's Hanger $j Sheriff's Building F $� North County Library $ oyS Sebastian Corners $ , Page 23 of 48 82 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 7, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of RFP 2024032 for a Vulnerability Assessment Study BACKGROUND: On behalf of the Natural Resources Department, a Request for Proposals ("RFP") was issued to conduct vulnerability assessments in order to comply with Florida Statutes and provide in-depth data on how to protect and adapt the County's most vulnerable critical assets. The awarded Consultant will prepare and deliver a Vulnerability Assessment Report that addresses objectives such as: compliance with F.S.S. 380.093, measuring the impact of flooding on assets, and the impacts of sea -level rise on critical and regionally significant assets. DISCUSSION: A selection committee comprised of Andrew Sobczak, Planning and Development Services Director, Eric Charest, Interim Natural Resources Director, Howard Richards, Utilities Capital Projects Manager, Laura Yonkers, Stormwater Engineer, and Michael Staudt, GIS Manager independently reviewed and scored the received proposals. The committee then met to compile an initial ranking of firms. After discussions, the committee determined no interviews were necessary, and declared the ranking final. Firm Total Proposed Cost 1. Tetra Tech, Inc. $248,675 2. Brizaga, Inc. $226,739 3. Aptim Environmental & Infrastructure, LLC $224,275 4. Thornton Tomasetti, Inc. $245,000 Pending Board of County Commission approval of Staff's recommendation and execution of all contract documents, it is anticipated that the project would commence in April 2024 with an initial kick off meeting. Due to the extensive data research and on-going County input associated with a study such as this, the next milestone event in this project would be the generation of a draft Vulnerability Assessment report projected to be provided to the County in December 2024. After 84 Staff review, public outreach workshops are expected to take place in January 2025, with comments being incorporated into the final Vulnerability Assessment report which is expected in March 2025. The contractor's proposed schedule may be altered based on concurrence with the County. FUNDING: Funding for this study will come from the MSTU Fund/ Natural Resources/ Other Professional Services/ Comp Vulnerability Grant account, number 00423137-033190-23047. Account Number Account Description I Total Cost 00423137-033190- MSTU Fund/ Natural Resources/ Other Professional $248,675 23047 Services/ Comp Vulnerability Grant RECOMMENDATION: Staff recommends the Board approve the final ranking of firms, award the RFP to Tetra Tech, Inc., and after the receipt and approval of the required insurance by the Risk Manager, approve the agreement, and authorize the Chairman to execute it, after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENT Agreement 85 Consulting Agreement for Vulnerability Assessment Study THIS AGREEMENT, entered into this 19th Day of March, 2024, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and Tetra Tech, Inc. hereinafter referred to as the "CONSULTANT". BACKGROUND RECITALS: The COUNTY selected CONSULTANT to provide Vulnerability Assessment Study, based on a proposal submitted in response to Request for Proposals 2024032. The COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional consulting services by the CONSULTANT, and the payment for those services by the COUNTY, as set forth in this Agreement. The CONSULTANT shall provide the COUNTY with consulting services and such other related services as defined in the scope of services, provided as Exhibit 1. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. COUNTY OBLIGATIONS The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available documents in the possession of the COUNTY pertinent to the Services. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S attention. The COUNTY will cooperate fully with the CONSULTANT in order that all phases of the work may be properly scheduled and coordinated. 2. RESPONSIBILITIES OF THE CONSULTANT The CONSULTANT agrees to perform all necessary Services in connection with the work set forth in Exhibit 1. The CONSULTANT agrees to complete the work within the time frame specified in Exhibit 3. The CONSULTANT will maintain an adequate staff of qualified personnel. The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub -consultants to comply by contract with the provisions of this section. 86 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. The CONSULTANT shall report the status of the Services under this Agreement to the County Project Manager upon request, and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. All documents, reports, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, are, and shall remain, the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, and upon final payment, all of the above data shall be delivered to the County Project Manager. The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. CONSULTANT is registered with and will use the Department of Homeland SecuritVs E -Verify system (www.e- verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. CONSULTANT is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants. 3. TERM; DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of one year, after the date of execution thereof, or upon completion of all project phases as defined by the COUNTY, whichever occurs earlier, unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 "Termination". 4. COMPENSATION The COUNTY shall pay to the CONSULTANT a mutually agreed upon maximum amount not -to -exceed professional fee for each completed task, on a deliverable basis, all as set forth in Exhibit 2. Invoices shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). No additional payment will be due to the CONSULTANT for administrative copies, printing, per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel. The COUNTY may at any time notify the CONSULTANT of requested changes to the Services, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amendment to this agreement. Should this amendment result in the reduction in services, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. Pa 87 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 5. ADDITIONAL WORK If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub consultant, such additional services by a written amendment to this Agreement. 6. OWNERSHIP AND REUSE OF DOCUMENTS Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data first developed by the CONSULTANT pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the CONSULTANT at any time during normal business hours upon reasonable request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement or individual Work Order is complete, all of the above materials shall be delivered to the County Project Manager. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the CONSULTANT pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the CONSULTANT liable for any misuse by others. 7. INSURANCE AND INDEMNIFICATION During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement. CONSULTANT shall maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. The cost of such insurance shall be included in the CONSULTANT's fees. Minimum Scope of Insurance A. Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. 3 CONSULTANT's insurance coverage shall be primary. All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be occurrence forms, not claims made policies. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. The CONSULTANT shall ensure any subconsultants to maintain the insurance as detailed herein. The Consultant shall indemnify and hold harmless the County and its commissioners, officers, employees and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the contract. 8. TERMINATION This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized. Such payment shall be determined on the basis of the percentage of work complete, as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. The obligation to provide services underthis Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents first prepared by the CONSULTANT for the COUNTY in connection with this Agreement. The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. C! 89 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. OWNER may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, create pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this agreement if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 9. MISCELLANEOUS PROVISIONS Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable 5 90 shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10. Public Records Compliance Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: (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 Consultant or keep and maintain public records required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: m 91 (772) 226-1424 publicrecords@indianriver.gov Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. OWNER: INDIAN RIVER COUNTY Bv: CONSULTANT: By: Susan Adams, Chairman (CONSULTANT) By: (CORPORATE SEAL) John A. Titkanich, Jr., County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: K. Keith Jackman, Assistant County Attorney Address for giving notices: Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Eric Charest Interim Natural Resources Director 180127 t h Street, Vero Beach, FL 32960 echarest@indianriver.gov 772-226-1569 7 License No. (Where applicable) Agent for service of process: Designated Representative: (If CONSULTANT is a corporation or a partnership, attach evidence of authority to sign.) 92 Exhibit 1— Scope of Services TASK 1- INTERNAL COORDINATION MEETINGS Description: The Consultant will host internal meetings between the project team and county staff as necessary at key milestones throughout the project to be determined. The Consultant will prepare all meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Consultant will provide the following 1.1: Meeting agendas to include location, date, and time of meeting; 1.2: Meeting sign -in sheets with attendee names and affiliation; 1.3: A copy of the presentation(s) and any materials created for distribution at the meeting, as applicable; and 1.4: A summary report including attendee input and meeting outcomes. TASK 2: ACQUIRE BACKGROUND DATA Description: The Consultant will research and compile the data needed to perform the VA based on the requirements as defined in Section 380.093, F.S. Three main categories of data are required to perform a VA: 1) critical and regionally significant asset inventory, 2) topographic data, and 3) flood scenario -related data. GIS metadata should incorporate a layer for each of the four asset classes as defined in paragraphs 380.093(2)(a)1-4, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit 1), and raw data sources shall be defined within the associated metadata. Sea level rise projection data shall include the 2017 National Oceanic and Atmospheric Administration (NOAH) intermediate -high and intermediate -low projections for 2040 and 2070, at a minimum. Other projections can be used at the Consultant's discretion. Storm surge data used must be equal to or exceed the 100 - year return period (1% annual chance) flood event. In the process of researching background data, the Consultant shall identify data gaps, where missing data or low -quality information may limit the VA's extent or reduce the accuracy of the results. The Consultant shall rectify any gaps of necessary data. Deliverables: The Consultant will provide the following: 2.1: A technical report to outline the data compiled and findings of the gap analysis; 2.2: A summary report to include recommendations to address the identified data gaps and actions taken to rectify them, if applicable; and 2.3: A GIS file with appropriate metadata of the data compiled, to include locations of critical assets owned or maintained by the Consultant as well as regionally significant assets that are classified and as defined in paragraphs 380.093(2)(a)1-4, F.S. 3: EXPOSURE AND SENSITIVITY ANALYSES Description: The Consultant will perform an exposure analysis to identify the depth of water caused by each sea level rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) used to evaluate assets shall include the following data: tidal flooding, current and future storm surge flooding, rainfall -induced flooding, and compound flooding, all as applicable, as well as the scenarios and 93 standards used forth e exposure analysis shall be pursuant to Section 380.093, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit 1), and raw data sources shall be defined within the associated metadata. The Consultant will perform the sensitivity analysis to measure the impact of flooding on assets and to apply the data from the exposure analysis to the inventory of critical assets created in the Acquire Background Data Task. The sensitivity analysis should include an evaluation of the impact of flood severity on each asset class and at each flood scenario and assign a risk level based on percentages of land area inundated and number of critical assets affected. Deliverables: The Consultant will provide the following: 3.1: A draft VA Report that provides findings of the exposure analysis and the sensitivity analysis, and includes visual presentation of the data via maps and tables, based on the statutorily -required scenarios and standards and details on the modeling process, type of models utilized, and resulting tables and maps illustrating flood depths for each flood scenario; 3.2: An initial list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset; and 3.3: GIS files with results of the exposure analysis for each flood scenario as well as the appropriate metadata that identifies the methods used to create the flood layers. TASK 4: PUBLIC PRESENTATION AND OUTREACH MEETING Description: The Consultant will present the VA results in two meetings to local governing boards, technical committees, or other appropriate officers and elected officials. The purpose of the presentations is to share the findings from the VA and gain feedback for input into the planning process. The meetings will also allow the public to provide community -specific input on the results of the analyses and to reconsider methodologies and assumptions used in the analysis for refinement. Additionally, during these meetings, the Consultant will conduct exercises to encourage the public to prioritize focus areas of flooding, and the critical assets in preparation for later development of adaptation strategies and project development. Criteria should be established to guide the public's input for the selection of focus areas. The Consultant will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Consultant will provide the following: 4.1: Meeting agendas to include location, date, and time of meeting; 4.2: Meeting sign -in sheets with attendee names and affiliation (i.e. local stakeholder, resident, steering committee member, local government staff); 4.3: A copy of the presentation(s) and any materials created in preparation of or for distribution at the meeting (i.e. social media posts, public announcements, graphics), as applicable; 4.4: A copy of the file or weblink of the video or audio recording from the meeting, if applicable; and 4.5: A summary report including attendee input and meeting outcomes, to include defining focus areas recommended by the community. 94 TASK 5: FINAL VULNERABILITY ASSESSMENT REPORT, MAPS, AND TABLES Description: The Consultant will finalize the VA Report pursuant to the requirements in Section 380.093, F.S., and based upon and public outreach efforts. The final VA must include all results from the exposure and sensitivity analyses, as well as a summary of identified risks. It should contain a list of critical and regionally significant assets that are impacted by flooding and sea -level rise, specifying for each asset the flood scenario(s) impacting the asset. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit 1), and raw data sources shall be defined within the associated metadata. Deliverables: The Consultant will provide the following: 5.1: Final VA Report that provides details on the results and conclusions, including illustrations via maps and tables, based on the statutorily -required scenarios and standards in Section 380.093, F.S.; 5.2: A final list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset; 5.3: All electronic mapping data used to illustrate flooding and sea level rise impacts identified in the VA, to include the geospatial data in an electronic file format and GIS metadata; and 5.4: A signed Vulnerability Assessment Compliance Checklist Certification. 10 95 2024032 RFP for Vulnerability Assessment Study Exhibit 2 - Pricing PROPOSAL PRICING — RFP 2024032 and Vulnerability Assessment Study Proposer submits the followine prices for the work described in this solicitation: Tasks Total Task 1— Internal Coordination Meetings $ 15,875 Task 2 —Acquire Background Data $ 20,000 Task 3 — Exposure and Sensitivity Analyses $ 59,400 Task 4 — Public Presentation and Outreach Meeting $ 16,000 Task 5 — Final Vulnerability Assessment Report, Maps, and Tables $ 137 400 Total $ 248,675 Additional Services Hourly or Lump Sum Additional Public Meetings $7,000 lump sum Community Rating System CRS Analysis $ 10,000 LS Comprehensive Plan Review $ 15,000 LS Grant Identification for Future Funding $ 15,000 LS Localized HEC RAS Modeling $ 50,000 LS SLAMM Modeling $ 40,000 LS Greenhouse Gas Emissions Assessment $ 25,000 LS The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown above all of the services specified in the RFP document, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Tetra Tech, Inc Name of Firm Authorized Signature Vice President Southeast Operations Title February 22, 2024 Date Signed 759 S. Federal Hwy; .Suite 314 Address Stuart, FL 34994 City, State, Zip Code 772 1 341 0432 Phone Brian. Proctor@tetratech.com E-mail Page 11 of 20 W11 Exhibit 3 - Schedule Proposal to Provide Vulnerability Assessment Study Indian River Cou E. Project Schedule The Tetra Tech Team understands that, based on the terms and conditions of the Resilient Florida grant, Indian River County needs to complete the VA Study by the end of June 2025. Ourteam members will be readily available to support the County on the project, and our project management approach will ensure we have the right resources available for each project task. Our experience on these completed, in -process, and upcoming projects means that our methods and work products can be formulated and adapted to meet Indian River County's needs while meeting all state requirements. We begin planning early in the project to provide the appropriate skilled staff and resources to complete all assigned tasks on time and within established budgets so that valuable time is not lost later. During our review of assigned tasks, we integrate lessons learned from previous projects, increasing efficiency and reducing the potential of schedule delays due to unanticipated issues. Most importantly, our standard approach is to work as an extension of our clients' staff, allowing our team to develop a deeper understanding of client operations, processes, and procedures to develop customized solutions. Most importantly, our team has already been working on many projects within the IRL and its greater watershed. This is unique to our team. As noted above, our Team has also worked, and is currently working, on several Resilient Florida VA projects and we understand the program requirements and deliverables that must be provided. We will work collaboratively with the County to employ a holistic approach to develop a VA that meets all grant requirements. The Tetra Tech Team will evaluate all opportunities to expedite submittal of project deliverables to the County to ensure the grant deadlines are met. Our proposed project schedule is outlined below. We are currently proposing to complete the final VA report in March 2025, which allows for three months of contingency in case earlier tasks require more time than currently estimated. 1. Kick -Off Meeting 3. Exposure & Sensitivity Analysis 1 1 5. Public Outreach Meetings 1 6. Final VA Report 1 2. Acquire Background Data 4. Draft VA Report Incorporate Public Input NTETRA TECH 97 E-1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Stephen R. Greer, Assistant Fire Chief of EMS Fire Rescue Division DATE: February 29, 2024 SUBJECT: Approval of Renewal for a Class `B" Certificate of Public Convenience and Necessity for Coastal Health Systems of Brevard, Inc. to Provide Interfacility Ambulance Transportation Services. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: On April 12, 2022, the Indian River County Board of County Commissioners approved a renewal application for a Class `B" Certificate of Public Convenience and Necessity for Coastal Health Systems of Brevard, Inc. to provide interfacility ambulance medical transportation originating within Indian River County. This certificate was necessary to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period of two (2) years and will expire May 4, 2024. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public's health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class `B" Certificate of Public Convenience and Necessity has been submitted by Coastal Care Corporation dba Cleveland Clinic Advanced Medical Transport. Staff have reviewed the application, and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class "B" Certificate of Public Convenience and Necessity for Coastal Health Systems of Brevard, Inc. to be effective for a period of two (2) years from May 4, 2024 to May 4, 2026. ATTACHMENTS: 1. Renewal Application from Coastal Health Systems of Brevard, Inc. 2. Certificate U- °Epi INDIAN RIVER COUNTY }:.. DEPARTMENT OF EMERGENCY SERVICES e � APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: Coastal Health Systems of Brevard, Inc. DATE: 02/20/24 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. IFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A _BLS _ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B to v' BLS "' ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C _BLS _ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D _BLS _ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. UARRE ADMIN ASSISTANTS\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 99 II. COMPANY DETAILS 1. NAME OF AGENCY: Coastal Health Systems of Brevard, Inc. MAILING ADDRESS: 486 Gus Hipp Blvd CITY Rockledge COUNTY Brevard ZIP CODE: 32955 BUSINESS PHONE: (321)633-7050 2. TYPE OF OWNERSHIP (i.e. Private, Government, Volunteer, Partnership, etc.): Private 3 MANAGER'S NAME: Brooke Taylor ADDRESS: 486 Gus Hipp Blvd Rockledge, FL 32955 PHONE #: (321) 633-7050 Ext -100 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS POSITION Monica Van Leeuwen 486 Gus Hipp Blvd Rockledge, FI 32955 CFO Brooke Taylor 486 Gus Hipp Blvd Rockledge, FL 32955 CEO/President 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # Brevard Fire Rescue 1040 S. Florida Ave Rockledge, FL 32955 (321) 633-2056 Health First 6450 US 1 Rockledge, FL 32955 (321) 434-4300 Parrish Medical Center 951 N. Washington Ave Titusville, FL 32796 (321) 268-6111 UAFIRE ADMIN ASSISTANTS\Beth\Beth Casano EOC\COPCMRENEWAL PACKETS\COPCN Application.doc 2 100 6. FUNDING SOURCE: Medicare, Medicaid, Private Insurance, & DRG -MOA 7. RATE SCHEDULE ATTACHED? YES © NO ❑ N/A ❑ 8. LIST THE ADDRESS OF YOUR BASE AND ALL SUB -STATIONS: Base Station - 486 Gus Hipp Blvd Rockledge, FL 32955 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: 80OMHZ & 40OMHZ UHF/VHF 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) See Attached See Attached 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION All Agencies in Brevard County All Agencies in Brevard County All Hospitals in Brevard County All Hospitals in Brevard County including Sebastian RMC including Sebastian RMC UARRE ADMIN ASSISTANTS\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 3 101 IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: RENEWAL APPLICANTS NEED ONLY #'s 4 - 9 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operatibn Certificate. 9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges U TIRE ADMIN ASS ISTAN TS\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 4 102 V. NOTARIZED STATEMENTS 1, Brooke Taylor , the representative of Applicant Name Coastal Health Systems of Brevard,lnc., do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of My knowledge, all statements on this application are true and correct. APPLICANT SIG6�TURE DATE f Before me personally appeared the said Brooke Taylor who says that he/she executed the above instr ent of his/her own free will and accord, with full knowledge of the purpose thereof. S rn and subscribed in my presence this 20th day of February , 2024 My commission expires: 06/06/24 ARY =o�PRY.P;�9tc FELICIA B. DEVOE COMMission # GG 984937 �v'lo� Expires June 6, 2024 OF FL Bonded TtVU eudge(Netary swr jces UAFiRE ADMIN ASSISTANTS\Beth\Beth Casano EOC\COPCN RENEWAL PACKETS\COPCN Application.doc 103 O Z 4- �0 CU a) �'a 0 a) "a 0O N ° `=L O N W O — O_ z 0— > 0 W O C CL +� a (D Z 0 fA a) c C 42) N O- j >, O OO J E 0 t5 Q C cud' C) O U 4T uj ciT — M to W .T a: V O O cn a) o c Z a �a°�_ a Cl) W 42 c � i2 -0_ to Z .. I- >, �' v, -a> WcnC e!k0 N C U J C U :3 O OM Z 4- �0 =C �'a 0 ZU ° `=L .2CoQ 4-� O L a)cn 0— > 0 -1-- m c � U —j `n -00 — ui_ m cn >, Hc �� ^ •� Q W 42 (D L i2 -0_ U) .. 0� L Na) v, -a> >, CU4-c e!k0 m e oa) N� OM �w C� �)� moo �o �� � a)� DoE u) �o .- 0) O-� 'C LLJ J c N tQ ++N .Q NN N C V o c f0 � c o m� N W E� � 'U �UZ pN a�� 50 V C W N O a) ''' O" (n m a) `'' '� 'v p >+ (A z c cn (n c6t! .L- W -J cn Q .� �- X-; w ro o Q oLLJ Q a) m E W� c� a) E U; s 2 w J U Q Lu N U HU m U 0 .0 m o -o L N i _ > ._ �mE _ �� mom? a) cTJ c U0� �= E Q O Q m _,¢ INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr. County Administrator THROUGH: Eric Charest, Interim Natural Resources Director FROM: Laura Yonkers, Stormwater Division Supervisor SUBJECT: Indian River County Stormwater Management Plan, Environmental Science Associates, Work Order No. 1 DATE: February 27, 2024 DESCRIPTION AND CONDITIONS On April 18, 2023, the Board of County Commissioners (BCC) approved the Continuing Contract Agreement for Continuing Engineering Services with Environmental Science Associates (ESA) for professional water resource engineering support services for a term of three (3) years. Indian River County is seeking to enlist the professional services of ESA to assist the County in preparinga Stormwater Management Plan. This management plan will provide a feasible and long-term strategyfor managing stormwater, reducing flood risks, and protecting water quality prior to discharging into the impaired Indian River Lagoon. It will categorize which projects will provide the most cost-effective benefits while supporting community businesses and economic development. Under Workorder No. 1, ESA will assist the County in developing a Stormwater Management Plan. This includes collecting general information on the County's stormwater program; preparing a summary of programs/projects, summaries of the County's stormwater assets and the operation and maintenance performed on them, as well as prioritize future flood -prevention, water quality, resiliency, and replacement projects. ESA will work with the County to collect information listed above and collect information, through Public Outreach Programs, to create the County Stormwater Management Plan. This Plan will be used to assist the County in obtaining future funding and grants as well as provide a cost - benefit analysis of future projects so thatthe County's funds can be used in the most economical manner. The cost for Work Order No. 1 is for Lump Sum not to exceed $475,629.00. Pending BCC approval of Staff's recommendation, it is anticipated that the project would commence in April 2024 with an initial kick off meeting. Due to the extensive data research and on-going County input associated with a study such as this, the next milestone event in this project would be the generation of a draft Stormwater Management Plan report projected to be provided to the County in February 2025. After Staff review, public outreach workshops are expected to take place within a month after receipt of the Draft Plan. Comments received from Staff and input received from the public workshops are expected to be incorporated into the final Stormwater Management Plan which is expected in March 2025. The contractor's proposed schedule may be altered based on concurrence with the County. 105 Stormwater Management Plan — Work Order 1 March 19, 2024 BCC Meeting FUNDING Funding for professional water resource engineering support services is budgeted and available in Optional Sales Tax/Natural Resources/Stormwater/Stormwater Master Plan, Account No. 31523137- 066510-23031. Account Name Account No. Amount Optional Sales Tax/ Natural Resources/ Stormwater/Stormwater Master Plan 31523137-066510-23031 $475,629.00 RECOMMENDATION Staff recommends the BCC approve Environmental Science Associates Work Order No.1 in the amount of $475,629.00 for professional water resource engineering support services associated with supporting County staff in meeting the data collection and analyzing and prioritizing the County Stormwater Needs and developing a Stormwater Management Plan. In addition, staff recommends that the Board authorize the Chairman to execute Work Order No. 1. ATTACHMENT 1. IRC Stormwater Management Plan Scope 2. Work Order #1 execution form APPROVED AGENDA ITEM FOR: March 19, 2024 106 r" ESA 5404 CypressCenter Drive esassoc com Suite 125 Tampa, FL 33609 813.207.7200 phone 813.207.7201 fax Laura Yonkers, PE Indian River County Engineering 180127' Street, Building A Vero Beach, FL 32960 Stormwater Division Subject: Indian River County Stormwater Management Plan Scope of Services and Fee Estimate Dear Ms. Yonkers, ESA is pleased to present this scope of services and associated fee estimate to Indian River County (IRC) to develop a stormwater management plan (SMP). The plan will focus on the identification of capital improvement needs and recommendations with respect to optimizing flood protection and water quality improvement. Background IRC has collected and catalogued the conveyance and treatment structures throughout IRC jurisdiction and assembled this information into a Geographic Information System (GIS) database. IRC would like ESA to apply this database in conjunction with existing reports, Federal Emergency Management Agency (FEMA) Flood Maps, and sea -level rise projections to develop conceptual projects which address resiliency, stormwater flooding and/or provide water quality improvement. Each project will subsequently be prioritized using a tailored matrix based upon the project's anticipated level of magnitude to provide flood reduction, estimated implementation cost, and likelihood to generate water quality Basin Management Action Plan (BMAP) credits. This initial effort will identify areas and projects that will provide the maximum BMAP benefit to the County, where the reduction to flooding is advantageous. The County has provided ESA with a list of priority areas based on past flooding concerns that can be modified based on the information assembled during the discovery phase of the project. Priority areas include, but should not be limited to as follows: 1) 90' Ave. Drainage 2) Rockridge Area (SR60 to 12th St. 3) 6' Ave. to IRL – within the County) 4) College Lane (between 58'b Ave. & 66'b Ave.) 5) 37' St. to Royal Palm Place (US 1 to IR Blvd.) 6) Fellsmere (County Only) 7) Riviera Lakes (4'b St. & 27' Ave.) 8) 4th St. & 8th St. (58'b to 66th Ave.) 9) Indian River Drive — County maintained ROWs 10) Indian River Lagoon Outfall Replacement/Upgrades If new priority areas are identified that provide the County more benefit, then the initial priority project area list may be amended to add projects for consideration. It is anticipated that full evaluation of additional areas will be completed as part of future work efforts. 107 r" ESA IRC Stormwater Management Plan Scope of Services and Fee Estimate ESA will conduct the following tasks to create the SMP as follows: Task 1— Stormwater and Water Ouality Database Review Task 1.1— Desktop Database Review & Coordination ESA will review existing design reports, IRC' s GIS database, and other engineering report documentation, as provided to ESA by IRC, to better understand the project history at the county -level and the current purpose and need for each priority project area. Based on information provided by IRC, the report reviews will include: 1) Indian River County 2030 Comprehensive Plan 2) Indian River Lagoon Management Plan 3) Indian River County Public Works Department Technical Specifications for Stormwater Pollution Control Systems 4) East Roseland Stormwater Improvements Contract Documents, Addendum #1 & #2. 5) Rockridge Subdivision Surge Protection Project 6) Vero Lake Estates Master Drainage Plan 7) Gifford Stormwater Project 8) East Indian River County Master Stormwater Management Plan 9) East Indian River County Engineering Evaluation Report 10) Indian River County Vulnerability Analysis (when complete) Based on review of the IRC GIS database and reports, ESA will refine the boundary of each priority project area. ESA Staff will inventory current and future water quality and ecology issues through the review of existing data, applicable regulatory standards, and established water quality management plans. Water quality data available from the Impaired Water Rule (IWR) database and the Watershed Information Network (WIN) database maintained by the Florida Department of Environmental Protection (FDEP) as well as data obtained from IRC and St. Johns River Water Management District (SJRWMD) will be evaluated. Task 1.2 — Site Visits After conducting a thorough desktop review, ESA Staff will perform site visits at up to ten (10) priority project areas to independently verify collected information on water control structures including condition, invert elevation, etc. The boundaries of each priority area will be delineated in the desktop review and confirmed during the site visit. If the boundary varies by more than 1,000 feet in any direction, the area may be classified as a separate priority area to be assessed under a future efforts. ESA will collect additional data on the condition of each site utilizing an EOS Arrow Gold Real-time Kinematic Global Positioning System connected to ArcGIS Field Maps Application, or other platform that is compatible with IRC's database. It is anticipated that two site 108 r ESA J IRC Stormwater Management Plan Scope of Services and Fee Estimate visits will be completed per day at the priority sites. ESA may request data on the County's five (5) regional stormwater treatment facilities at Osprey Acres, Osprey Marsh, Egret Marsh, Moorhen Marsh and the PC Main Screening facilities to help provide a comprehensive assessment of the water quality represented in the adjacent canals. Staff will review the status of the Central Indian River Lagoon (IRL) Basin Management Action Plan (BMAP) and inventory existing best management practices (BMPs) to establish projected load reduction credits within IRC. ESA will collect and review readily available and pertinent data prior to conducting field reviews. These materials include, but are not limited to: • Current FDEP and USACE environmental permitting regulations and permit thresholds; • Site permitting compliance history information; • Existing engineering reports: • Site topography/bathymetry; • FEMA Flood Maps; • Resident flooding complaints; • Spatial Watershed Iterative Loading (SWIL) Tool; • U.S. Geological Survey (USGS) Quadrangle maps; • National Wetland Inventory mapping; • Natural Resources Conservation Service soil maps; • Florida Fish and Wildlife Conservation Commission (FWC) eagle nest locations; • FWC and USFWS threatened and endangered species observation records (GIS data); • Florida Natural Areas Inventory (FNAI) data records; • And readily available historic black & white, full spectrum color, and/or infrared aerial photography. • Indian River Farms Water Control District - data/coordination pertinent to the modeling of the County • City of Vero Beach - data/coordination pertinent to the modeling of the County • City of Fellsmere Water Control District - data/coordination pertinent to the modeling of the County • City of Sebastian - data/coordination pertinent to the modeling of the County • St. Johns River Water Management District (SJRWMD) - data/coordination pertinent to the modeling of the County • Florida Department of Environmental Protection (FDEP) - data/coordination pertinent to the modeling of the County This data will be used to validate existing sub -basins or develop sub -basins for each of the ten (10) identified priority areas (An additional area can be added to the priority list based on the findings from Task 1.1-1.2). 109 1' ESA IRC Stormwater Management Plan Scope of Services and Fee Estimate Note, basins and sub -basins will be preliminary and subject to additional field verification and refinement during subsequent phases or future modeling efforts outside the extent of this scope. The culmination of the information gleamed during Task 1 will be used to develop the matrix for project prioritization. Task 1.3 — Data Gaps Coordination ESA will coordinate closely with IRC Stormwater and Survey Staff to identify and address any data gaps prior to launching the stormwater management review in Task 2. This may require additional site visits, meetings or conference calls to request and review the data requested. Note, this assumes a 30 -day coordination and additional data gathering timeframe. Should this exceed the 30 -day timeframe, subsequent timeframes will need to be adjusted accordingly. Task 1.4 — Database Review Memorandum Upon completion of the Database Review Process (Task 1.1 through Task 1.3), ESA will provide a memorandum detailing the findings of the above tasks, where the data were sufficient to proceed forward and perform the review in Task 2 of a priority area and where there are identified data gaps. The memorandum will include site descriptions, review of data density and data quality as well as include site photos and figures from desktop data collected. The memorandum will be incoporated into the SMP as Part 1 of the report. Schedule: 180 days from NTP Deliverables: ESA will work with IRC GIS Staff to update the existing IRC Stormwater GIS database with new data collected (i.e. invert locations & elevations, boundaries high water marks) and provide IRC with a memorandum detailing new data and discrepancies found during field visits. Any changes noted by ESA will be reviewed by IRC Stormwater and GIS staff prior to updating the database. The memorandum will also provide recommendations related to the water quality data sampling regimen, including parameters, frequency, and reporting. Task 2 — Stormwater Manazement Plan Report As previously stated, Part 1 of the SMP will include the Task 1 technical memorandum including any outstanding issues with the data collected and proposed additional data collection needs. Part 2 will present an overall countywide framework to stormwater management including the effects of climate change and sea - level rise on conveyance to the IRL and overall water quality. The plan will then implement that framework by assessing the conceptual improvement project(s) developed for each of the ten (10) priority areas. The level which each of the priority area can be assessed will be dependent upon the data assimilated in Task 1. If there is not enough data for a priority area to be fully assessed for comparison, this will be documented in the report and that priority area may be removed from consideration as part of this iteration of the SMP and replaced this with another priority area that may be identified (no more than 10 projects will be made a priority). For each 110 r- ESA IRC Stormwater Management Plan Scope of Services and Fee Estimate conceptual project presented, ESA will provide identified data needs, permit application/compliance concerns and/or anticipated future stormwater modeling needs. A matrix will be developed to rank each of the proposed conceptual improvements projects based on the anticipation to address the following, but not limited to: • Alleviate stormwater flooding; • Provide resiliency; • Provide water quality improvementBMAP credits; • WBID TMDL/Impairment List; • Activity 420 (Natural shoreline protection) criteria for the Community Rating System (CRS); • Activity 450 (Stormwater management) criteria for the CRS; • Magnitude of Cost; • Permit complexity; • Design efficiency. ESA staff will solicit feedback from IRC staff regarding the relative importance of identified matrix factors prior to project prioritization. Qualification indices (e.g., low, medium, high) will be populated for each matrix factor(s) by project based on the specific design components. Finally, the projects will be ranked based upon the implementation of the matrix resulting in a prioritized list of projects for consideration. Subsequently, additional feasibility studies can be implemented dependent upon project readiness and funding. It is anticipated that the SMP would be updated on a five to ten-year interval to address changes to the County's stormwater infrastructure, climate change and sea level rise projections and the priority projects list will be updated as well to remove completed projects and add new projects. The report will include graphics and figures along with narrative explanation of the matrix ranking for each of the ten (10) priority areas. The report will be presented to IRC and stakeholders for review and comment. All comments will be tracked and incorporated in the final report within 30 days of receipt of final comments from IRC. Schedule: 300 days from NTP Deliverables: ESA will provide a draft stormwater management plan report in Word and PDF versions for tracking comments/edits. Once reviewed by IRC and stakeholders, ESA will incorporate the edits and track responses to comments /edits in a separate spreadsheet or similar tracking database. The final report and the tracking spreadsheet will be submitted to IRC. Three (3) hard copies and an electronic copy of the report will be submitted. Task 3 —Public Outreach & Involvement 111 r" ESA IRC Stormwater Management Plan Scope of Services and Fee Estimate ESA will support IRC to engage the local community and stakeholders in the project process. Focus will be placed on communicating progress, notification for field activities, garnering local knowledge, and education. ESA will provide support to IRC in reviewing narrative language and graphics for use at the public meeting. ESA senior staff will prepare for and attend an initial public meeting with IRC staff to gather initial feedback and concerns. A follow-up meeting will be conducted after submittal of the SMP Report to present the update to interested stakeholders on project progress. Meetings will be hosted by IRC, at a public facility and ESA will prepare figures for slides from the SMP for a PowerPoint presentation and up to four (4) foam boards as needed for the meeting. Schedule: Two (2) meetings will be held30 days after submittal of the draft SMP (one daytime and one evening available in person and by virtual attendance). Deliverables: The deliverables associated with the public outreach task will include electronic copies of materials produced for each of the outreach events and meeting minutes. Task 4 — Pro*ect Meetines. Management. and Administration ESA will participate in an initial kick-off meeting with IRC staff to discuss the existing data collected by IRC, coordinate the site visits and GIS integration, and layout the outline for the SMP. ESA anticipates up to two (2) additional meetings with IRC, which will include a mid -study status meeting and an end -study results meeting. ESA assumes that these meetings will be hybrid virtual and in-person. As -needed, but no less frequently than monthly coordination, communications, and updates may include progress meetings, calls/emails, or other virtual communications. Project administration will include project management, meeting documentation, invoicing, and other project administration. Schedule: Three (3) meetings. The initial one within 15 days of notice of proceed and two (2) additional meetings with status updates via zoom. Deliverables: Minutes from meetings and monthly email status updates. 112 r ESA J IRC Stormwater Management Plan Scope of Services and Fee Estimate FEE ESTIMATE The fee estimate for the tasks listed above total $475,629.00. This is a Lump Sum (Fixed Fee) estimate and will not be exceeded without prior written authorization from IRC. ESA will revisit these fees at the end of each Task respectively and provide updated fee estimates, if necessary. ESA may move budget between tasks without exceeding the overall budget with email permission from IRC. Indian River County Stormwater Management Plan Task Description ESA Total Fee 1.0 Stormwater and Water Quality Database Review 1.1 Desktop Database Review & Coordination j $98,806 1.2 Site Visits $49,172 1.3 Data Gaps Coordination $25,169 1.4 Database Review Memorandum $8,855 Task 1 Subtotal $182,002.00 2.0 Stormwater Management Plan Report $229,620.00 3.0 Public Outreach & Involvement $20,257.00 4.0 Project Meetings, Management, and Administration $43,750.00 Grand Total $475,629.00 If additional work time is required due to the inaccuracy of these assumptions, or future changes in scope, additional fees will be billed on a time and materials basis in accordance with ESA's standard billing rates. Written authorization will be obtained from IRC prior to ESA conducting additional work and incurring the associated fees. This project will be billed monthly, in accordance with the percent complete of each task. Please note that the following assumptions and exclusions were used for development of the fee estimate: 1. This scope of work does not include water quality sample collection, laboratory assessment, topographic/bathymetric surveys, or geotechnical investigations. 2. This scope of work does not include any contamination screening services. 3. This scope of work does not include engineering design and modeling for stormwater conveyance or drainage. 4. All available electronic design files and database access will be provided by IRC to facilitate the database review in Task 1 upon contract execution. 113 IRC Stormwater Management Plan Scope of Services and Fee Estimate We appreciate the opportunity to provide these services. ESA can begin work immediately upon receiving your authorization. We look forward to working with you on this project and if you have any questions or require additional information, please do not hesitate to call us. Sincerely, Environmental Science Associates Bryan Flynn, PE Program Manager Environmental Restoration and Design Doug Skurski, MS, SPWS Vice President Biological Resources Director 114 WORK ORDER 1 This Work Order Number 1 is entered into as of this _ day of , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Environmental Science Associates ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS By: Print Name: Title: OF INDIAN RIVER COUNTY 22 Susan Adams, Chairman BCC Approval Date: March 19, 2024 Attest: Ryan L. Butler, Clerk of Court and Comptroller i,- s i,- s Deputy Clerk John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: K. Keith Jackman, Assistant County Attorney 115 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Parks Maintenance Division Date: February 19, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Parks, Recreation & Conservation Director From: Brad Dewson, Parks Superintendent Subject: Dick Bird (South County) Regional Park Disc Golf Course Adopt -A -Park by Discography Disc Golf $T BACKGROUND: On January 31, 2023, the Board of County Commissioners approved the Indian River County Adopt - A -Park Program. This program was created as a way for groups to volunteer their assistance for the purpose of improving and beautifying the County's parks, conservation lands, and beaches through activities including beautification projects and regular litter clean ups. These types of programs are expected to promote responsible stewardship of the environment and serve to instill pride in the community. DESCRIPTION AND CONDITIONS: Discography Disc Golf (Discography) is a for-profit organization that is interested in adopting the new 18 -hole Dick Bird Disc Golf Course (Course) through the County's Adopt -A -Park Program. The Course is in the final phase of implementation and is designed as a shorter course meant for beginners and intermediate players. The intent of the shorter course was to offer disc golf in a second location, close to the Intergenerational Recreation Center, where beginners of any age can be introduced to the game of disc golf through regular recreation programming. Under the proposed Adopt -A -Park program, Discography would like to assist in maintaining the disc golf course in addition to regular litter and clean-up efforts. Additionally, Discography has offered to host clinics and tournaments at the course to grow local interest in the sport. Discography made a request that through this adoption agreement, and with authorization from the Board, that the County grant permission for them to sell disc golf equipment and merchandise at the Course with the understanding that funds raised will be reinvested into the grounds and events that promote disc golf activities at the Course. The County's Risk Manager has reviewed and approved necessary liability requirements as outlined in the Adoption Agreement. FUNDING: There are no additional funds necessary beyond what has been previously approved by the Board of County Commissioners. 116 RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve the attached adoption agreement and authorize the Chairman to execute the same after review and approval for legal sufficiency by the County Attorney. ATTACHMENTS: Adopt -A -Park Agreement for the Dick Bird (South County) Regional Park Disc Golf Course Adopt -A -Park Program Reference Manual APPROVED AGENDA ITEM FOR MARCH 19,202 117 INDIAN RIVER COUNTY ADOPT -A -PARK LITTER REMOVAL AGREEMENT THIS AGREEMENT, made and entered into this day of expire on the day of , 20_, to , 20_ by and between the Indian River County Board of County Commissioners ("COUNTY") and Discography Disc Golf ("GROUP"). WITNESS THAT: WHEREAS, Dick Bird Disc Golf Course is one of the Indian River County Parks, Recreation and Conservation Department Areas; and WHEREAS, the COUNTY has responsibility for operation and maintenance of the County Parks and Conservation Areas; and WHEREAS, the COUNTY has encouraged the implementation of an "Adopt -A -Park" program for the participation of local organizations in specific litter removal projects; and WHEREAS, the Group is desirous of adopting Dick Bird Disc Golf Course (Park or Conservation Area) for the purpose of litter removal. NOW THEREFORE, the parties agree as follows: THE GROUP SHALL: A. Adopt the Park for litter removal at least six times per year and submit volunteer logs (provided by County) to the Parks Maintenance Office upon completion of each litter removal event. B. Conduct volunteer activities during Park hours only. Park hours are sunrise to sunset, 7 days a week. C. Conduct volunteer activities during good weather conditions only. D. Restrict litter removal to areas along trails and parking areas and not enter or cross any bodies of water to retrieve litter. E. Provide the Parks Maintenance Office with a volunteer activity schedule to be approved by the Parks Superintendent. F. Only allow such persons to participate as are determined by the Group to be responsible enough to safely participate in the volunteer activities. Participating youths must be at least 8 years of age and the Group shall provide at least one adult supervisor that is at least 18 years of age for every five (5) youths under the age of 12 and one supervisor for every ten (10) children ages 13-17 who are participating in the volunteer activities. G. Instruct participants to dress appropriately for the activities to be performed including wearing close -toed shoes and long-sleeves/pants when necessary. H. Group shall leave bagged and unbagged (large items) litter in a pre -determined location on-site as approved by the Parks Superintendent for Parks removal. 118 I. In addition to their primary task of litter pick-up in the Adopt -A -Park program, Discography Disc Golf would like to assist in maintaining the disc golf course. This may consist of improvements within the Disc Golf Course with prior approval by the Parks Superintendent. No improvements shall be made without written prior approval. J. Discography Disc Golf would also host clinics and tournaments at the course. Clinics and tournaments shall be coordinated, scheduled, and advertised with written consent from the Parks and Recreation Assistant Director. Fees imposed for such clinics and/or tournaments must be pre -authorized prior to advertising and revenue generated should be reinvested into the Disc Golf Couse. K. Discography Disc Golf has requested the opportunity to sell disc golf related equipment no more than one day per week at a location suitable and approved by the Parks Superintendent. Setup materials and equipment must be pre -approved in writing by the Parks Superintendent. Discography agrees to comply with all local and state laws pertaining to sales of merchandise and provide a list of items to be sold as well as provide evidence of a retail permit and general liability insurance naming Indian River County BOCC as additional insured. Sales are not allowed without proper insurance and licensing necessary. Proceeds from sales should be used toward park/disc golf improvements and/or underwriting of clinics, lessons, or toward other public benefit. THE COUNTY SHALL: A. Provide a "Adopt -A -Park" sign at the entrance of the designated park with recognition of group. B. Provide Group organizers with the County's Accident Prevention Policy. C. Provide materials including bags, litter grabbers, buckets, and disposable gloves. Other materials may be provided at the request of the group. D. Remove litter collected after volunteer activities. II The Group covenants and agrees that it will indemnify and hold harmless the Department, Indian River County, and all of its commissioners, agents and employees from any claim, loss, damage, cost charge or expense arising out of any act, action, neglect or omission by the Group during the performance of the agreement, whether direct or indirect, and whether to any person or property to which the COUNTY or said parties maybe subject, except that neither Group nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the COUNTY, and all of its officers, employees or agents. III The agreement shall remain in effect for a two -Year period. The COUNTY or Group may terminate this agreement for any reason upon 30 days written notice. The COUNTY may, if it deems an emergency situation exists, suspend, or terminate this agreement immediately. IV 119 This agreement is non -transferable and non -assignable in whole or in part without written consent of the COUNTY. u This agreement is for litter removal activities only. Beautification activities must be approved and coordinated by the Parks and Recreation Director. VI The Parks Superintendent shall screen and select the Parks to be adopted. VII COUNTY will provide its incident reporting policies and procedures to GROUP at the signing of this Agreement. If an incident or injury occurs during volunteer activities, the GROUP must submit a completed incident report to the Parks Superintendent within 24 hours of incident. In the event emergency services are utilized for any incident, the GROUP must notify the Parks Superintendent immediately. VIII Whenever either party desires to give notice to the other party, it must be given by written notice addressed to the party at the addresses shown below, or such other address or addresses as either party shall designate to the other in writing in accordance with this paragraph. INDIAN RIVER COUNTY: Indian River County Parks, Recreation and Conservation Parks Superintendent Brad Dewson 5500 77th Street Vero Beach, FL 32967 772-226-1872 bdewson@indianriver. gov Indian River County Parks, Recreation and Conservation Gustavo Vergara Assistant Director 5500 77th Street Vero Beach, FL 32967 772-226-1777 gvergara(a-), indianriver. gov 120 IN WITNESS WHEREOF, the parties hereto have caused these present to be executed, the day and year first written above. I CERTIFY that I am familiar with the information contained in this Agreement and that I possess the authority to execute this Agreement on behalf of the Group. APPLICANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA L -In Person, Affiliation/Position Susan Adams, Chairman Approved by BoCC: , 2024. ATTEST: By: Ryan L. Butler Clerk of Court and Comptroller Approved as to form and legal sufficiency: William K. DeBraal, County Attorney 121 Adopt-A-Park Program Reference Manual �vER r� 4 � :ll General Service Department Indian River County Parks and Recreation 01/18/2023 122 INDIAN RIVER COUNTY PARKS AND RECREATION DIVISION ADOPT -A -PARK PROGRAM PURPOSE: The primary purpose of this program is to enlist the community's involvement with litter control within the County's park system in order to maintain a clean and aesthetic environment for all to enjoy. Adopt - A -Park Program tasks primarily include litter pick-up, but may be expanded to include other acts as approved by the Parks Superintendent. POLICIES & PROCEDURES: 1. The adopting group commits to a two-year period of adoption. 2. Monitoring of the park, natural land, trail, beach or trailhead should be done on a regular basis, but not less than 6 times a year. 3. Only remove litter during daylight hours and during appropriate weather. 4. Indian River County Parks and Recreation will be responsible for collecting and disposing of the filled trash bags and large non -bagged items. 5. Indian River County Parks and Recreation will place a sign in the adopted park, conservation land or beach crediting the organization/group for their assistance. 6. The adopting group may keep any and all proceeds from any materials of recyclable value collected as litter. 7. Complete and submit an incident report within one (1) day after the clean-up event which an accident or injury occurred. 8. Require that all participants sign the County volunteer release form, including the parent/guardian of each minor participant. 9. Participating youth must be at least 8 years of age. When children under the age of eighteen years (18) participate, the adopter will have a parent/guardian's signature and emergency contact information accessible at the site. There must also be one adult supervisor for every five (5) children under the age of 12 and one adult supervisor for every ten (10) children 13-17. 10. Check and clear all participant's names against the FDLE Sexual Predator list prior to the scheduled clean-up event. 01/18/2023 123 11. Adopting Group must provide public access to all records concerning this Agreement according to applicable Florida laws including Chapter 119, Florida Statutes. Adopting Group has the burden to assert and defend any exemptions to Florida's public record laws. 12. A representative from the adopting group must contact the Parks Superintendent, Monday through Friday, 7:OOAM to 3:30PM to request necessary equipment, at least twenty-four (24) hours prior to clean-up. Pick-up of items will be coordinated through the Parks Superintendent. For information on how to apply, contact the Indian River County Parks Maintenance Office at 772-226- 1872. Any organized group, including for profit and non-profit organizations, may apply to adopt a park in Indian River County. Requests to adopt specific parks, conservation land and beaches are approved on a first-come, first-served basis. INSURANCE REQUIREMENTS: Adopting Group shall provide evidence of the following insurance: 1. General Liability Insurance for any and all damage and bodily injury claims in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. 2. Workers Compensation Insurance as required by Chapter 440, Florida Statutes or evidence of self-insurance or exemption from the Statute. 3. A certificate of insurance evidencing such insurance and listing Indian River County as an additional insured provided to the County prior to scheduling any activities under this Agreement. 01/18/2023 124 Indian River County Parks and Recreation ADOPT -A -PARK PROGRAM APPLICATION Organization (as it appears on a sign): (Up to 20 characters per line — one or two lines) Organization Contact Person: Title or Position with Organization: Telephone Number: Email Address: Estimated Number of Participants: Preferred location for Adoption: Tentative Starting Date: Annual Number of Work Days: Anticipated Work Day: (please circle one) Monday Tuesday Wednesday Thursday Friday Saturday Sunday STATEMENT OF AGREEMENT A representative of this organization, I have read and agree to abide by the policies, regulations, and safety recommendations as put forth by Indian River County in regard to the Adopt -A -Park Program. I understand that this is an application for the Adopt -A -Park Program and that a Division representative will contact me to finalize an Agreement. In addition, I understand that the Parks and Recreation Director will make the final determination as to whether a group can participate and will make the final determination of park, natural land, trail, beach and/or trailhead assignment. Signature Date 01/18/2023 125 7 Indian River County Parks and Recreation ADOPT -A -PARK PROGRAM MINOR PARTICIPANTS I, the undersigned, hereby represent that my child(ren) has/have volunteered to participate in the Adopt -A -Park Program during the Agreement period I have read the safety recommendations associated with the Program and have discussed them with my child(ren). I acknowledge and am aware that participation in this program has inherent risks and hazards. I understand that it is my child(ren)'s responsibility to be aware of his/her physical condition and refrain from doing any physical activities beyond his/her capabilities. I agree to defend, indemnify and hold harmless Indian River County, and it officers and its employees, and hereby release the same, from and against any and all liability, claims, demands and expenses, including court costs and reasonable attorney fees, on account of any property damage, bodily injury, sickness, damage, or other loss of any kind whatsoever, which arise out of or are in any manner connected with the work to be performed under the Adopt -A -Park Program, if such injury, loss or damage is caused in whole or in part by, the act, omission, or other fault of my child(ren). Name of Child: Address: Name of Child: Address: Name of Child: Address: Contact in Case of Emergency: Emergency Contact Telephone Number(s): Parent's Signature: Date: 01/18/2023 126 Indian River County Parks and Recreation ADOPT -A -PARK PROGRAM SAFETY RECOMMENDATIONS SAFETY DO'S: • DO follow all Park and CDC guidelines related to COVID-19. • DO make sure that all participants are familiar with these safety recommendations. • DO assign one volunteer as a safety coordinator who oversees other volunteers to ensure that work is conducted in a safe manner, paying special attention to participating children. • DO wear light or bright colored clothing which is appropriate for the work associated with the program, hard -soled, protective shoes, and gloves. • DO dress appropriately for the weather and take breaks on a regular basis. • DO work only when weather is fair and in the daylight. • DO bring a water bottle and wear sunscreen and sunglasses. • DO be aware of your physical condition and refrain from doing any activities beyond your capabilities. • DO be aware of traffic on adjacent roads and driveways. • DO watch and take precaution for: snakes, other animals and insects, noxious weeds, glass, barbed wire, pipes and debris with sharp or rusted edges or unexpected holes or ditches SAFETY DON'TS: • DON'T step into a roadway for any reason. Don't pick up litter or debris on a roadway surface or close to the edge of the road. • DON'T park vehicles in "No Parking" areas. • DON'T play around or do anything to distract passing drivers or park patrons. • DON'T bring pets to the Adopt -A -Park site. • DON'T leave children or pets in the care while participating in the program. • DON'T pick up any materials that may be hazardous to your health (e.g. chemicals, firearms, hypodermic needles, etc.). Please notify the County if hazardous conditions exist by calling 911. • DON'T leave children unattended at any time. These recommendations are not all inclusive. Take all precautions necessary to avoid accidents. 01/18/2023 127 Indian River County Parks and Recreation ADOPT -A -PARK PROGRAM VOLUNTEER HOLD HARMLESS AND INDEMNIFICATION AGREEMENT (❑ a minor) wish to perform services at Commissioners of Indian River County, Florida in the for the Board of County as a volunteer. I undertake to perform these services for the experience and self-satisfaction I will gain from this public service. I understand that County and Adopting Group shall be and act as independent contractors, and under no circumstances shall this Agreement be construed as one of agency or employment between the parties. I am not, nor will I be, a County employee nor will I be eligible for any of the benefits of a County employee except to the extent State law mandates volunteer participation in a benefits program. ❑ (We, and, Parent(s) or guardian(s) of wish our child/ward to have the benefit of performing services for the County. In consideration of the County's permission to perform volunteer services, I, for myself and my assigns (❑ and we, as parents or guardians, for ourselves and our assigns) do hereby release and discharge Indian River County, its agents, officers and employees from any and all claims, demands, grievances, and causes of action of every kind whatsoever, including, but not by way of limitation, all liability for property damages and personal injury of every kind, nature or description arising or which may hereafter arise from said permission, volunteer's performance of services or volunteer's presence on the work site. I/We hereby indemnify and hold harmless Indian River County for any and all claims, demands and causes of action of every kind and nature arising out of said permission, volunteer's performance of services, or volunteer's presence on the work site. 01/18/2023 128 Volunteer's Signature Print Name Address City State Zip IF MINOR, Signature of Parent(s) or Guardian(s) Parks and Recreation Director Date 01/18/2023 129 T SENT AGENDAMeeting 03-19-2024 INDIAN RIVER COUNTY, FLORIDA e AGENDA ITEM * * Deputy County Administrator �ORiO� To: The Honorable Board of County Commissioners From: Michael C. Zito, Deputy County Administrator Date: March 01, 2024 Subject: Request for Use of Holman Stadium for Annual Sawbones vs Jawbones Event to be held May 17, 2024 DESCRIPTION AND CONDITIONS: The Indian River County Bar association ("User Group") has requested use of Holman Stadium at the Jackie Robinson Training Complex for a fundraising/charity event. The Indian River County Bar Association is a 501(c)(6) non-profit organization conducting the event for the benefit of the United Way which is a 501(c)(3) organization. The planned event is "Sawbones vs Jawbones", a co-ed softball game between local doctors and attorneys. The event is scheduled for Friday, May 17, 2024, at Holman Stadium. VeroTown LLC has reviewed this request and has confirmed stadium availability as of this date. Section 6.04 of the Facility Use Agreement between the County and VeroTown, LLC allows the County use of the facility for up to two (2) days annually for education, entertainment, and community enrichment purposes. Any expenses associated with the use will be the responsibility of the User Group. No County funds or staff time will be utilized for the event. The User Group will also provide a $1,000,000 liability policy naming Indian River County and VeroTown, LLC, as additional insured. The User Group has requested waiver and deletion of the standard $10,000 security deposit required under Section G of the Stadium Use Agreement because their proceeds will benefit numerous local charities. The User Group will engage VeroTown, LLC to conduct beer and wine sales at the event in accordance with state and local law. VeroTown, LLC and the User Group will be responsible for all required permits and liquor liability insurance, and to arrange for any additional security necessary to responsibly conduct beer and wine sales at the event. A copy of the "Indian River County Holman Stadium Use Agreement" between the County and the User Group is attached. FUNDING: No funding is required for this approval. C:\Granicus\Legistar5\L5\Temp\4a7c7291-6d694923-88ff-35c 1215fgc5b.docx 130 RECOMMENDATION: Staff respectfully requests that the Board of County Commission approve the Agreement, authorize the Chairman to sign and grant the User Group's request for waiver of the standard security deposit required by the Stadium Use Agreement. ATTACHEMENTS: • Indian River County Holman Stadium Use Agreement with the Indian River County Bar Association, Inc. DISTRIBUTION: VEROTOWN, LLC Indian River County Bar Association, Inc. APPROVED AGENDA ITEM FOR MARCH 19, 2024 C:\Granicus\Legistar5\L5\Tempkta7c7291-6d69-4923-88ff-35c1215f8c5b.docx 131 Indian River County Holman Stadium Use Agreement This Holman Stadium Use Agreement ("Agreement") is made this 19th day of March 2024, by and between Indian River County Board of County Commissioners, a political subdivision of the State of Florida ("County") and the Indian River County Bar Association, Inc., a Florida not-for-profit corporation, 1245 20th Street, Vero Beach, FL 32960 ("User Group"). BACKGROUND RECITALS A. The User Group has requested the use of Holman Stadium facilities and/or the four (4) baseball practice fields and the two (2) half baseball practice fields (collectively referenced as "Stadium") under the terms and conditions set forth in the Indian River County Holman Stadium Use Guidelines, attached to this Agreement as Exhibit 1 and incorporated herein in its entirety by this reference and under the terms and conditions set forth in this Agreement. B. The County will allow the User Group to use the Stadium under the terms and conditions set forth in Exhibit 1 and under the terms and conditions set forth in this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties agree as follows: 1. PERIOD OF USE. This Agreement shall be in force on May 17, 2024, and includes all setup and clean up time. 2. NUMBER OF PARTICIPANTS EXPECTED. User Group estimates that the number of participants expected at the event is from 200 to 600 up to seating capacity of 6,500. 3. DESCRIPTION OF EVENT. User Group states that the following is an accurate description of the event: A Charity Co -Ed Softball Game between Local Doctors and Attorneys. 4. INSURANCE. The minimum dollar amounts and types of insurance coverages required are set forth in Exhibit 2 attached hereto and incorporated herein in its entirety by this reference. 5. FEES. The User Group agrees to pay all Stadium use charges as set forth in Exhibit I, including, without limitation, the charges set forth in paragraphs C, D, F, G, H, and I. Where the User Group uses the services of VeroTown, LLC for parking attendants, ticket takers, security personnel, clean-up crews, or concession operations, the User Group acknowledges and agrees that the County shall cause VeroTown, LLC: (i) to provide a written invoice for such services to the User, together with a courtesy copy to the County within ten (10) business days after the conclusion 132 of the event; and (ii) to remit the net funds, if any, to the User Group. In addition, all costs for utilities and any other costs incurred by VeroTown, LLC in connection with the User Group's use of the Stadium shall be set forth on the foregoing written invoice, and such costs shall also be deducted from the net funds, if any, and remitted to the User Group. Upon the County's receipt of the notice of invoice payments from VeroTown, LLC, the security deposit shall be returned to the User Group; provided, however, that in the event the costs invoiced by VeroTown, LLC exceed the funds available, the County shall have the right to use the security deposit for such costs. In addition, the User Group agrees to be solely responsible to pay any and all additional charges required for the staging of the event. VeroTown, LLC reserves the right to modify the foregoing process to accommodate any arrangement made directly with the User Group to provide concessionaire services for the event. 6. INDEMNIFICATION AND WAIVER OF CLAIMS. The User Group assumes all risks and agrees to indemnify fully and save and hold harmless the County, its officers, employees, and agents (hereinafter individually and collectively referenced as "Indemnified County Parties"), and VeroTown, LLC, their respective owners, share holders, officers, employees, representatives, agents, heirs, successors, and assigns (hereinafter individually and collectively referenced as "Indemnified VeroTown, LLC Parties") against all claims, losses, damages, judgments, liabilities, accidents or injuries to person(s) or property, and causes of action, including reasonable attorney's fees and court costs, arising out of, or caused directly or indirectly, by the conduct, acts, omissions, negligence, or willful misconduct of any participant in the event, the User Group, its visitors, agents, and employees. The Indemnified County Parties, and the Indemnified VeroTown, LLC Parties shall not be liable for damages to, or loss of, personal property sustained by the participants in the event, the User Group, its visitors, agents, employees, or any person claiming by or through the User Group or any of the foregoing, resulting from any fire, accident, occurrence, theft, or condition in or upon the Stadium, provided such are not due to the sole negligence or willful misconduct of the Indemnified County Parties or the Indemnified VeroTown, LLC Parties. This indemnification paragraph shall survive the expiration or sooner termination of this Agreement. 7. CANCELLATION. This Agreement is subject to cancellation by either the User Group or the County as set forth in Exhibit 1. 8. FACILITY UNAVAILABILITY DISCLAIMER. The County assumes no responsibility for circumstances that may require the closing of the Stadium facility due to conditions that would render it unfit for public usage due to inclement weather, state health department or other regulatory agencies requirements. In the event of such an occurrence, it is the responsibility of the User Group to obtain alternative facilities and the County shall have no liability whatsoever to the User Group. The County and VeroTown, LLC represent that to the best of their knowledge and belief, that VeroTown, LLC is now and will remain in good standing with all State and local regulatory agencies having jurisdiction, if any to regulate, license, and permit the activities contemplated by this Agreement. 2 133 9. GOVERNING LAW. The laws of the State of Florida shall govern this Agreement and any and all legal action shall be instituted in Indian River County for all state court matters and in the Southern District of Florida for all federal court matters. 10. ENTIRETY OF AGREEMENT. The Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of this Agreement that are not contained in this Agreement. No supplement, modification, or amendment to this Agreement shall be binding unless signed in writing by the County and the User Group. 11. SEVERABILITY. In the event that any of the provisions of this Agreement are deemed unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 12. ASSIGNMENT. User Group shall not grant, assign, or otherwise convey to anyone any or all of its rights to use the Stadium hereunder without the prior written consent and approval of the County and VeroTown, LLC. The User Group shall use the Stadium only in the manner contemplated in this Agreement. 13. THIRD PARTY BENEFICIARY. No person other than VeroTown, LLC, the County, the Indemnified County Parties, the Indemnified VeroTown, LLC Parties, and the User Group, and the successors of the User Group shall have any rights whatsoever under this Agreement. 14. BACKGROUND RECITALS. The Background Recitals are true and correct and form a material part of this Agreement. 15. DEFAULT. County shall have the right to terminate this Agreement and/or deny User Group use of the stadium if User Group defaults in the performance of any obligation hereunder, provided that in the event of such default, the County shall give the User Group notice of such default and twelve (12) hours to cure the default or a lesser time if appropriate to the default on the day of the event. 16. NOTICES. Any notices or other written communications from the User Group to the County shall be delivered by fax, overnight mail, hand delivery, or first-class mail to the County Recreation Director. Any notices or other communications from the County to the User Group shall be delivered by fax, overnight mail, hand delivery, or first-class mail to the User Group Executive Director. The names and address to be contacted are as follows: 134 As to the County: Indian River County Board of County Commissioners Attn: Michael C. Zito, Deputy County Administrator 1801 27th Street, Vero Beach, FL 32960-3398 mzito@indianriver.gov As to the User Group: Dane R. Ullian Indian River County Bar Association, Inc. P. O. Box 896 Vero Beach, FL 32961 dullian@gouldcooksey.com (772) 231-1100 www.indianRiverBar.org IN WITNESS WHEREOF, the County and the User Group have caused this Agreement to be executed in their respective names as of the date set forth above. USER GROUP: Indian River County Bar Association, Inc. BY: Print Name: INDIAN RIVER COUNTY, FLORIDA: BOARD OF COUNTY COMMISSION BY: Susan Adams, Chairman Approved as to form and legal sufficiency: Bill DeBraal, County Attorney 4 135 gL INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Parks Maintenance Division Date: February 21, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator From: Beth Powell, Parks, Recreation & Conservation Director Subject: Memorandum of Agreement between the Florida Fish and Wildlife Conservation Commission and Indian River County for Boating Ramp Projects and Maintenance BACKGROUND: On November 19, 2019, the Board of County Commissioners approved and executed a Memorandum of Agreement between the County and Florida Fish and Wildlife Conservation Commission for the support and maintenance of recreational boating facilities. This Agreement, when returned to the Florida Fish & Wildlife Conservation Commission was modified and necessary signatures were not obtained to fully execute the revised Memorandum of Agreement. Upon recommendation by the County Attorney's Office, staff is resubmitting the revised Memorandum of Agreement for review and consideration by the Board. DESCRIPTION AND CONDITIONS: The Florida Fish and Wildlife Conservation Commission (FWC) has available labor, equipment, and materials funded in part from the Federal Sport Fish Restoration Act — Boat Access Program to maintain and construct new public access boat launch ramps. This Agreement codifies and provides for future assistance for the boat ramp facilities outlined in the Memorandum of Agreement for a period of twenty years with a termination option by either party with a sixty-day notice. The public access boat launches owned, managed, and maintained by Indian River County included in this Memorandum of Agreement are: 136 Table B: PROJECT SITES FWC Ramp Ramp Name Number Waterbody Structures Maintained IR000840S Blue Cypress Lake Boat Ramp (North) Blue Cypress Lake Boat Ramp IR000840S Blue Cypress Lake Boat Ramp (South) Blue Cypress Lake Boat Ramp, Boarding Dock IR00106CV Oslo Boat Ramp Indian River Lagoon Boat Ramp IR00110KX Wabasso Causeway Boat Ramp Indian River Lagoon Boat Ramp IR00195AZ Round Island Boat Ramp Indian River Lagoon Boat Ramp IR00020QC Dale Wimbrow Park Boat Ramp Saint Sebastian River Boat Ramp IR00201LK Donald McDonald Boat Ramp Saint Sebastian River Boat Ramp FUNDING: No direct funding is required for this Memorandum of Agreement from Indian River County. It is anticipated that with the MOA, future grant resources will become available for the boating facilities included. RECOMMENDATION: Staff respectfully request that the Board of County Commissioners approve this Memorandum of Agreement #19202 and authorize the Chairman to execute the same after review and approval for legal sufficiency by the County Attorney. ATTACHMENTS: Florida Fish & Wildlife Conservation Commission Memorandum of Agreement #19202 APPROVED AGENDA ITEM FOR MARCH 19, 2024 137 FWC Agreement No. 19202 MEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AND INDIAN RIVER COUNTY PARKS AND CONSERVATION RESOURCES FOR BOATING ACCESS PROJECTS THIS MEMORANDUM OF AGREEMENT is entered into by and between THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter called "COMMISSION," and INDIAN RIVER COUNTY, PARKS AND CONSERVATION RESOURCES, 5500 77t' Street, Vero Beach, Florida 32967 hereafter called "COOPERATOR." WHEREAS, the purpose of this Memorandum of Agreement is to establish an agreement between the parties to provide mutually beneficial support and enhancement of public recreational boating opportunities in their respective efforts for the following boat ramps in Attachment A: Table A, hereafter referred to as the "PROJECTS," and WHEREAS, the COMMISSION has available labor, equipment, and materials funded in part from the Sport Fish Restoration Act — Boat Access program and in part from state funding to construct new, improve existing, and maintain the PROJECTS, and WHEREAS, the COOPERATOR has property available for boating access, further described in Attachments A: Table B, hereafter referred to as the "PROJECT SITES," and wishes to cooperate with the COMMISSION. In consideration of mutual promises contained herein, the COMMISSION and the COOPERATOR agree as follows: 1. RESPONSIBILITIES OF THE PARTIES. The parties hereby agree to accept and undertake the following responsibilities assigned to them under this Agreement: A. Responsibilities of the COMMISSION. 1. Provide labor, equipment, and materials to maintain the structure or improvements at the PROJECT SITES described in Attachment A: Table B. 2. Agrees to perform all structural maintenance and improvements to the PROJECT SITES as may be necessary during the term of this Agreement. 3. Obtain appropriate permits prior to construction or repair work performed hereunder. Ver. 05/21/2020 Page 1 of 8 138 FWC Agreement No. 19202 4. Communicate with the COOPERATOR on any changes to the Agreement. B. Responsibilities of the COOPERATOR 1. Agrees to dedicate, by appropriate action of its governing body, the real property referenced in Attachment A, Table A, Exhibit(s), and by its acceptance to the provisions of this Agreement does hereby dedicate it to public use as a recreation area available to the general public for recreation and boating purposes only. COOPERATOR agrees to complete the Site Dedication Form, Attachment B, and file it as an official record in the Clerk of the Circuit Court with jurisdiction over the project sites. The parties further agree that the execution of this Agreement shall constitute an acceptance of the dedication of PROJECT SITES on behalf of the general public of the State. The Site Dedication shall last for the term of this Agreement unless the Agreement is terminated. Should the Agreement terminate or otherwise end, the COOPERATOR may request, and the COMMISSION shall issue a Termination of the Dedication for filing with the Clerk of Court. 2. Agrees to provide a means of ingress and egress to the PROJECT SITES. 3. Agrees to provide and to maintain all existing parking spaces and ancillary facilities described in Attachments A: Table C, PROJECT FACILITIES. 4. COOPERATOR further agrees, subject to availability of necessary funds, to provide other ancillary facilities such as, but not limited to, lighting, public restrooms, picnic and recreational facilities as may be deemed, in the opinion of the COOPERATOR, to be necessary or desirable. Agrees to operate and, subject to the terms of paragraph A.2 hereof, maintain PROJECT SITES, and all ancillary facilities thereon for the duration of the term of this agreement. Such operational and maintenance responsibility shall include, but not be limited to, the maintenance of ancillary facilities, trash removal, grounds maintenance on the PROJECT SITES, and the provision of such law enforcement services as are usual and customary in order to allow the safe and orderly public utilization of the PROJECT SITES. 6. Shall keep the PROJECT SITES and PROJECT FACILITIES open for public use, maintained in accordance with all applicable health and safety standards and kept in good repair to prevent undue deterioration and provide for safe public use. 7. Covenants that it has full legal authority and financial ability to develop, operate and maintain the PROJECT FACILITIES and improvements in accordance with the terms of this Agreement. 8. Communicate in writing to the COMMISSION when repairs or maintenance to be conducted by the COMMISSION in accordance with paragraph A.2 hereof are deemed necessary by the COOPERATOR. Ver. 05/21/2020 Page 2 of 8 139 FWC Agreement No. 19202 9. Shall not, for any reason, convert all or any portion of the PROJECT SITES or PROJECT FACILITIES to other purposes, without prior written approval of the COMMISSION. Any such conversion will result in termination of this Agreement. 10. Agrees that no launch fee shall be charged by the COOPERATOR. Entrance fees may be collected by the COOPERATOR if existing at the time of the execution of this Agreement or agreed to in writing by the COMMISSION, and if done in accordance with all State and Federal laws and regulations. Entrance fees charged for the PROJECT SITES by the COOPERATOR shall be imposed uniformly upon all users without regard to age, sex, race, religion, handicap, or other lawfully prohibited condition. All entrance fees charged by the COOPERATOR for the PROJECT SITES must be uniform and consistent with fees charged throughout the COOPERATOR's jurisdiction, and must be invested back into the maintenance of PROJECT SITES or PROJECT FACILITIES, as identified in Attachment A. 11. Agrees not to restrict access hours between dawn to dusk to boat launching facilities comprising the PROJECTS unless such restriction is agreed to by the COMMISSION in writing and made part of this Agreement by way of an amendment. 12. Agrees, upon request, to provide the COMMISSION with any existing documents such as surveys, design plans, or as built drawings as may be necessary for construction or repair of the project facilities and to otherwise assist the COMMISSION, as appropriate, in obtaining all necessary permits for work on the PROJECTS. As available, the COOPERATOR further agrees to provide engineering services, when necessary, to address special design problems or major rebuilds and for the purpose of reviewing and signing permit applications requiring a professional engineer's signature. In the event that special design problems or major rebuilds are identified, the COOPERATOR may qualify for grant funding through the COMMISSION'S programs to cover the costs of these engineering services. If the COOPERATOR does not agree to provide these engineering services, the specific PROJECT shall be removed from this Agreement going forward. 13. To the extent applicable by law, agrees to indemnify the Commission for any penalties imposed by United States, Department of Interior due to the COOPERATOR'S non- compliance with applicable Federal regulations, to the extent provide by law. Any such penalties will be paid by the COOPERATOR. 14. Agrees to give the COMMISSION access to the PROJECT FACILITIES, through its agents and employees for the purpose of inspecting the PROJECT FACILITIES thereon, and to perform any duties imposed hereunder. The parties agree that, in compliance with 50 CFR 80.132, those lands or waters on which capital improvements are made by the COMMISSION hereunder shall remain within the control of the COMMISSION to the extent necessary to assure the protection, maintenance, and use of the improvement(s) throughout the term of this agreement. Ver. 05/21/2020 Page 3 of 8 140 FWC Agreement No. 19202 15. Agrees to allow the COMMISSION to post, at its own expense, signs at the PROJECT SITES identifying the PROJECT FACILITIES as a Federal Aid Project, and the parties hereto as cooperators in providing boating access facilities. In addition, such signs may include public information concerning maintenance of the PROJECT SITES. 2. TERM OF THE AGREEMENT. It is understood and agreed that the relation established by this Agreement is meant to be for the benefit of both parties, and that this Agreement shall be effective on the date of execution by both parties, and shall remain in effect for a period of twenty (20) years, or for a period of twenty (20) years from the completion of any reconstruction or major repair, or significant structural alteration or addition to the PROJECT FACILITIES, approved in writing by the parties and conducted at the expense of the COMMISSION, unless otherwise terminated, suspended or modified in writing by an appropriate amendment executed by both parties. 3. TERMINATION. Either party may terminate this Agreement, in whole or as to any specified PROJECT FACILITIES which are the subject hereof, upon giving written notice to the other party specifying the termination date, by certified mail, return receipt requested, at least thirty (30) days prior to the termination date specified in the notice. In the event of such termination, the obligations of the parties hereunder shall cease as to the PROJECT SITES or PROJECT FACILITIES which are the subject of termination, and such PROJECT SITES or PROJECT FACILITIES shall revert to the exclusive control of the COOPERATOR. Should the Agreement terminate, the COMMISSION shall issue a Termination of the Site Dedication for filing with the Clerk of Court where the original site dedication was filed. 4. NOTICES. Any and all notices shall be delivered to the parties at the following addresses (or such changed address or addressee as may be provided by notice). A notice or other communication shall be deemed received by the addressee on the next business day after having been placed in overnight mail with the U. S. Postal Service, or other overnight express service such as FedEx, UPS, or similar service. Notices sent by means other than overnight delivery shall be deemed received when actually received by the addressee: FOR THE COMMISSION: Laura Briggs Boating Access Coordinator Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Florida 32399 Phone: (850) 617-9459 Fax: (850) 488-9284 Email: Laura.Briggs@MyFWC.com FOR THE COOPERATOR: Beth Powell Director, Parks and Recreation Indian River County 5500 77`h Street Vero Beach, Florida 32967 Phone: (772) 226-1875 Fax: Email: bpowell@ircgov.com 5. AUTHORITIES. It is understood and agreed that each party operates under its own legal authorities, policies and administration, and each party's obligations under this Agreement are thereby limited. It shall be the responsibility of each party to interpret its own authorities and policies, and make decisions as required under law and policies applicable to each. Ver. 05/21/2020 Page 4 of 8 141 FWC Agreement No. 19202 6. PUBLIC RECORDS. All records in conjunction with this Agreement shall be public records in accordance with the laws applicable to the parties. 7. LIABILITY. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing herein shall constitute a waiver by either party of sovereign immunity or statutory limitations on liability. 8. STATE REQUIRED CLAUSES. a. Non-discrimination. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. b. Prohibition of Discriminatory Vendors. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. Public Entity Crimes. In accordance with Section 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. d. Legislative appropriation. For Agreements whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 9. FEDERAL REQUIRED CLAUSES. a. Non-discrimination. All activities pursuant to this Agreement and the provisions of Exec. Order No. 11246, 3 C.F.R. 339 (1964-65) shall be in compliance with the requirements of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973 (87 Stat. 394; 29 U.S.C. 794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. 6101 et seq.); and with all other Federal laws, regulations, and policies prohibiting discrimination on the grounds of race, color, national origin, handicap, religion, sex, or sexual orientation, in providing for facilities and service to the public. Ver. 05/21/2020 Page 5 of 8 142 FWC Agreement No. 19202 b. Public Laws. Nothing herein contained in this Agreement shall be deemed to be inconsistent with or contrary to the purpose of or intent of any Act of Congress or the laws of the District establishing, affecting, or relating to the Agreement. c. Appropriations. Nothing contained in this Agreement shall be construed as binding the COMMISSION to expend in any one fiscal year any sum in excess of appropriations made by Congress, and available for the purposes of this Agreement for that fiscal year, or as involving the United States in any contract or other obligation for the further expenditure of money in excess of such appropriations. 10. NON -ASSIGNMENT. This Agreement may not be assigned in whole or in part without the written approval of all parties. Any such assignment or attempted assignment shall be null and void. 11. SEVERABILITY AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues. 12. NO THIRD -PARTY RIGHTS. The parties hereto do not intend, nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a party to this Agreement. 13. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement; including but not limited to any claim of quantum meruit. 14. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Executive Order 96- 236, the COMMISSION shall consider the employment by the COOPERATOR of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the COOPERATOR knowingly employs unauthorized aliens. 15. EMPLOYMENT ELIGIBILITY VERIFICATION. The COOPERATOR shall enroll in and use the U.S. Department of Homeland Security's E -Verify Employment Eligibility Verification System(http://www.uscis.gov/portal/site/uscis) to verify the employment eligibility of all new employees hired by the COOPERATOR during the term of this Agreement. Ver. 05/21/2020 Page 6 of 8 143 FWC Agreement No. 19202 The COOPERATOR shall include in any subcontracts for the performance of work or provision of services pursuant to this Agreement the requirement that the subcontractor use the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Agreement term. The COOPERATOR further agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its subcontractors as provided above, and to make such records available to the COMMISSION or other authorized state entity consistent with the terms of the COOPERATOR'S enrollment in the program. This includes maintaining a copy of proof of the COOPERATOR'S and subcontractors' enrollment in the E -Verify Program (which can be accessed from the "Edit Company Profile" link on the left navigation menu of the E -Verify employer's homepage). Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the COMMISSION may treat a failure to comply as a material breach of the Agreement. 16. ENTIRE AGREEMENT; AMENDMENT. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. This Agreement may be amended by mutual written agreement of the parties. Remainder of page left blank intentionally. Signature page to follow. Ver. 05/21/2020 Page 7 of 8 144 FWC Agreement No. 19202 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Agreement to be executed through their duly authorized signatories on the day and year last below written. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS SIGNATURE Name: Title: Date: Attachments: FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION SIGNATURE Name: Title: Date: APPROVED as to form and legality by FWC Attorney: SIGNATURE Attachment A: Projects List Attachment B: Site Dedication Form Exhibit 1: Project Site Description, Blue Cypress Lake Boat Ramp Exhibit 2: Project Site Description, Oslo Boat Ramp Exhibit 3: Project Site Description, Wabasso Causeway Boat Ramp Exhibit 4: Project Site Description, Round Island Boat Ramp Exhibit 5: Project Site Description, Dale Wimbrow Park Boat Ramp Exhibit 6: Project Site Description, Donald McDonald Boat Ramp Ver. 05/21/2020 Page 8 of 8 145 FWC Agreement No. 19202 Attachment A Table A: PROJECT'° FWC Ramp Number Ramp Name GPS Location Exhibit(s): Site Control/Legal Description (Deed, Easement, Property Appraisal Document ) IR0008405 IR000840S Blue Cypress Lake Boat Ramp (North) Blue Cypress Lake Boat Ramp (South) 27.727295',-80.776428- 27.726413°, -80.776303° Exhibit 1: Parcel 32360000000000000000 IR00106CV Oslo Boat Ramp 27.586484°, -80.365182° Exhibit 2: Special Warranty Deed IR00110KX Wabasso Causeway Boat Ramp 27.756516°, -80.422486° Exhibit 3: Parcel 31392700000300000000 IR00195AZ Round Island Boat Ramp 27.561057°, -80.328532° Exhibit 4: Parcel 33403400001000000012.1 IR00020QC Dale Wimbrow Park Boat Ramp 27.810109°, -80.504685° Exhibit 5: Parcel 30382200001001000000.0 IR00201LK Donald McDonald Boat Ramp 27.819846°, -80.507778° Exhibit 6: Parcel 30382200001001000000.0 IR00201LK Donald McDonald Boat Ramp Saint Sebastian River Boat Ramp Table B: PROJECT SITES FWC Ramp Number Ramp Name Waterbody Structures Maintained IR000840S Blue Cypress Lake Boat Ramp (North) Blue Cypress Lake Boat Ramp IR000840S Blue Cypress Lake Boat Ramp (South) Blue Cypress Lake Boat Ramp, Boarding Dock IR00106CV Oslo Boat Ramp Indian River Lagoon Boat Ramp IR00110KX lWabasso Causeway Boat Ramp Indian River Lagoon Boat Ramp IR00195AZ Round Island Boat Ramp Indian River Lagoon Boat Ramp IR00020QC Dale Wimbrow Park Boat Ramp Saint Sebastian River Boat Ramp IR00201LK Donald McDonald Boat Ramp Saint Sebastian River Boat Ramp Table C: PROJECT FACILITIES FWC Ramp Ramp Name Number List of Parking Spaces & Additional Ancillary Facilities IR000840S Blue Cypress Lake Boat Ramp (North) 28 Parking Spaces IR000840S Blue Cypress Lake Boat Ramp (South) IR00106CV Oslo Boat Ramp 9 Parking Spaces IR00110KX Wabasso Causeway Boat Ramp 23 Parking Spaces IR00195AZ Round Island Boat Ramp 24 Parking Spaces IR00020QC Dale Wimbrow Park Boat Ramp 17 Parking Spaces IR00201LK Donald McDonald Boat Ramp 9 Parking Spaces Page 1 of 1 146 FWC Agreement No. 19202 SITE DEDICATION ATTACHMENT B This Site Dedication gives notice that the Real Property identified as described in Attachment A: Table A: Exhibit(s), Legal Description, attached hereto, (the "PROJECTS") has been developed with financial assistance provided by Sport Fish Restoration Funds, through the Fish and Wildlife Conservation Commission, under the grant program called the Sport Fish Restoration Program. In accordance with 50 CFR 80, the PROJECTS is hereby dedicated to the public as a boating access facility for the use and benefit of the general public for a minimum period of twenty (20) years from the date of this dedication. DEDICATOR Original signature Witness Printed Name Printed Name Title Witness Date Printed Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 20_ by , who is personally known to me or who produced as identification. 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OD MM N ~ Q O Cl) (O L!) NN M M N M coO F N Q m O N O N } II II II 11 II II W w (1) > > 0 w W9 � J w F ~ w d > W Q dLLI U W OW i 2 J U) d J ❑ d d d J U) m OLUX O� ¢ a ¢ W ❑ 0 0 0 0 0 0 w o 0 0 U 0 0 W oo e o 0 O O=O v'pi u7 O o U) = _ v r W N U) 2 2 LLIJ � m d WW w xQ o w a N ~ Q O Q N Z Z O Q H d F N Q m (q � a � W m O � LL Z_ J d Z o U) d d p J O W Z. W J c O C U) O O 0- Of z N o -.0 O J o 0 .0 U o w Ui 0 o o W # U > O = d o m Z N y 0 m ❑ O o W Z v i m ❑ ❑ W oo Z V O O N O T N M O 00 a LO � m r M O Y J U m w K Z Z Q � Q F N Q m (q � a � W m Q � � m Z o CL w O` d H a 05J p J O W Z. W J c O C U) O O ~ Of O -d o -.0 U L D o 0 .0 Q 0 o w 0 o c a— w N y m O m V) m �0 M cn U) m W INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Mark Vietze, MPO Planner DATE: March 5, 2024 SUBJECT: Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Service Development Grant It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of March 19, 2024. DESCRIPTION & CONDITIONS Indian River County's fixed route public transit system, GoLine, consists of 14 routes which operate six days per week. The system currently operates from 6:00 AM until 7:00 PM on weekdays and from 8:00 AM until 5:00 PM on Saturdays. No service is provided on Sundays. To receive operating assistance through the state block grant program, the Florida Department of Transportation (FDOT) requires transit providers to perform a Transit Development Plan (TDP) major update every five years. The most recent TDP major update was prepared by the University of South Florida's Center for Urban Transportation Research (CUTR) and was adopted by the Metropolitan Planning Organization (MPO) in September 2023. The highest transit service needs identified in that TDP major update were extending weekday service hours to 9 pm (two additional hours), expanding Saturday service hours to 7 am to 7 pm (three additional hours), and adding Saturday service to Route 13, which operates along SR 60 west of Indian River Mall. Since the adoption of the TDP last fall, MPO staff has coordinated with FDOT to secure a service development grant for implementing these service improvements. The anticipated operating cost for the service improvements is $800,000 annually. Through the service development grant, FDOT will cover half of the operating cost of the service improvements for three years, providing in total $1,200,000 of operating assistance through the grant. To receive the Service Development Grant funds, the County must enter into a Public Transportation Grant Agreement with FDOT, a copy of which is attached to this staff report (Attachment #2). The attached resolution (Attachment #1) authorizes the Chairman of the Board of County Commissioners to execute the PTGA for Public Transportation Block Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the PTGA, County C:\Cmnicus\Legistar5\L5\Temp\3fc5dOe9-ec2e-4352-82a4-aa99378192d9.docx 1 193 staff will transmit the grant agreement to FDOT. Once the PTGA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider. The grant agreement covers a three-year period and includes funding for the first year (FY 2023/24). Any unexpended funds in the first year will carry over to the remaining two years of the agreement. ANALYSIS As described in the PTGA, the project scope provides for: Weekday Service Hours - GoLine currently operates on weekdays from 6:OOam to 7:OOpm. A service improvement recommended by the TDP is the extension of weekday service to 9:00 pm. The addition of 2 service hours on weekday evenings will benefit all GoLine riders. In addition, it will make GoLine a more viable transportation option for those who commute to jobs in the service -sector, since many service -sector work shifts end later than 7:00 pm. Saturday Service Hours - GoLine currently operates 12 out of 14 routes on Saturdays. Service hours are limited on Saturdays: 8:00 am to 5:00 pm. The TDP recommends a phased extension of Saturday service. With this service improvement, the new Saturday service hours would be from 7:00 am to 7:00 pm. In addition to extending the hours of service, Saturday service would also be expanded to one route that is not currently operated on Saturdays (Route 13). Route 15, which primarily serves Indian River State College students, would continue to operate on weekdays only. When the fixed route system began service in the late 1990s, it consisted of five routes that operated only on weekdays from 8:00 am to 3:00 pm with a 12:00-1:00 pm midday gap. Over the past 25 years, the system has grown as routes were added to serve new areas, weekday service hours were increased and the midday gap eliminated, and Saturday service was introduced and then expanded. As the service expanded, ridership also increased (from 74,000 passenger trips in FY 1999 to 1,261,000 passenger trips in FY 2023). The most recent service improvement was an expansion of Saturday service in late 2016. That improvement expanded Saturday service by three hours to the current hours of operation (8:00 am to 5:00 pm). The service improvements now proposed for implementation are the three top-ranked service improvements identified in the TDP and were identified after extensive public outreach. As with the FTA Section 5307 grant program, only public agencies may be designated recipients of Service Development Grant funds pursuant to state regulations. Also, activities funded with Service Development Grant funds must be consistent with applicable approved local government comprehensive and transit plans. In this case, the provision of transit service is consistent with the MPO's recently adopted 10 -year Transit Development Plan and 2045 Long Range Transportation Plan. C:\Crranicus\Legistar5\L5\Temp\3fc5dOe9-ec2e-4352-82a4-aa99378192d9.docx 2 194 FUNDING For the local match, a total of $1,200,000 over three years will be budgeted and available in the General Fund / Community Transportation Coordinator account (Account Number 00111041- 088230-54001). These funds are part of an allocation given to the Senior Resource Association to provide transit service in the county. A portion of these funds (approximately $200,000) will be used in FY 2024, with the remainder being used in FYs 2025, 2026, and 2027. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Public Transportation Grant Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Grant Agreement 2. MOT Public Transportation Grant Agreement 3. Grant Budget Form C:\Crranicus\Legistar5\L5\Temp\3fc5dOe9-ec2e-4352-82a4-aa99378192d9.docx 3 195 RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has applied for and been allocated state mass transit operating assistance under FDOT Procedure number 725-030-005, also known as the Public Transit Service Development Program; and WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Indian River County — Senior Resource Association; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(l), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Service Development Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain $1,200,000 in FY 2024 state Service Development Grant funds for operating assistance as part of the County's ongoing public transportation service. 2. That the Indian River County Planning and Development Services Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Service Development Grant. 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 C:\Crranicus\Legistar5\L5\Temp\76fcIeb0-edbe-4878-b4df-6fd4c9da24b3.docx Page 1 of 2 196 RESOLUTION NO. 2024 - The Chairman thereupon declared the Resolution duly passed and adopted this 19th day of March, 2024. 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 LOW Susan Adams, Chairman C:\Granicus\Legistar5\1.5\Temp\76fcIeb0-edbe-4878-b4df-6fd4c9W4b3.docx Page 2 of 2 197 Financial Project Number(s): (Rem -segment -phase -sequence) 454105-1-84-01 Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title: N/A N/A 55.012 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Fund(s): Work Activity Code/Function: 215 Federal Number/Federal Award Identification Number (FAIN) — Transit only: Federal Award Date: Agency SAM/LlEI Number: Public Transit Service Devel Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7122 DDR FLAIR Category: 088774 Object Code: 751000 Org. Code: 55042010429 Vendor Number: VF596000674029 THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into , by and between the State of Florida, Department of Transportation, ("Department"), and the Indian River County Board of County Commissioners, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.051, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in funding transit service improvements and modifications, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation _ Seaports X Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions X *Exhibit B2: Advance Payment Financial Provisions *Exhibit B3: Alternative Advanced Pay (Transit Bus Program) _ *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance 198 Page 1 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 7/22 *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through March 31, 2027. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 199 Page 2 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION DEVELOPMENT EVELOPMENT GRANT AGREEMENT OGc 7/22 9. Project Cost: a. The estimated total cost of the Project is $2,400,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $1,200,000 and, the Department's participation in the Project shall not exceed 50.00% of the total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, 200 Page 3 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725.000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OOc 7/22 Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. L Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department 201 Page 4 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 7/22 may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for 202 Page 5 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7122 not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. —If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. _Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. _Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (]CAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 203 Page 6 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 7122 g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 204 Page 7 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-M PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT GRANT AGREEMENT OGc 7/22 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided 205 Page 8 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 7122 through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a)dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTS ingleAudit(aDdot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and 206 Page 9 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ 7/22 management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAud it(a-.dot.state.fl. us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and 207 Page 10 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ 7/22 Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(aDdot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit(a)dot.state.fl. us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(c_aud.state.fl.us V. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 208 Page 11 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 7/22 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 209 Page 12 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 7/22 d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E -Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Executive Order 20-44. Pursuant to Governor's Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole -source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding. i. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any 210 Page 3 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 7/22 subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, 211 Page 14 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION DEVELOPMENT EVELOPMENT GRANT AGREEMENT Occ7/22 coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in 212 Page 15 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 7122 contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY the Indian River County Board of STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION County Commissioners By: By: Name: John P.Krane, P.E. Name: Title: Director of Transportation Development Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: 213 Page 16 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS occ7122 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): Transit service modifications including but not limited to extended weekday service hours and extended Saturday service hours, B. Project Location (limits, city, county, map): Indian River County C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): This Service Development Grant will allow the implementation of service modifications that are intended to address the growing demand for public transportation service in Indian River County. Each of these service modifications are identified in the 2023 Transit Development Plan, which was approved in September of 2023. Based on the recommendations of the TDP, all of the following service modifications will be implemented with the Service Development Grant: Extend Weekday Service Hours: GoLine currently operates on weekdays from 6:00am to 7:00pm. A service improvement recommended by the Transit Development Plan (TDP) is the extension of weekday service to 9:00 pm. The addition of two service hours on weekday evenings will benefit all GoLine riders. In addition, it will make GoLine a more viable transportation option for those who commute to jobs in the service -sector, since many service -sector work shifts end later than 7:00 pm. Extend Saturday Service Hours: GoLine currently operates 12 out of 14 routes on Saturdays. Service hours are limited on Saturdays: 8:00 am to 5:00 pm. The TDP recommends a phased extension of Saturday service. With this service improvement, the new Saturday service hours would be from 7:00 am to 7:00 pm. In addition to extending hours of service, Saturday service would also be expanded to one route that is not currently operated on Saturdays (Route 13). Route 15, which primarily serves Indian River State College students, would continue to operate on weekdays only. "Service Development Projects specifically include projects involving the use of new technologies, services, routes, or vehicle frequencies; the purchase of special transportation services, and other such techniques for increasing service to the riding public as are applicable to specific localities and transit user groups. Projects involving the application of new technologies or methods for improving operations, maintenance, and marketing in public transit systems can be funded through the Service Development program. Eligible capital costs are any costs that would be defined as capital costs by the Federal Transit Administration. Examples would include, but not be limited to: the acquisition of buses for fleet and service expansions; transfer facilities; intermodal terminals and park and ride facilities; and passenger amenities, such as passenger shelters and bus stop signs. Eligible net operating costs are all operating costs of a project; less any federal funds, fares, or other sources of income to the project." D. Deliverable(s): Expanded transit hours of service. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting -cards, lobbying, personal cell phone, office parties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts, flowers, or promotional items. 214 Page 17 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS F. Transit Operating Grant Requirements (Transit Only): Form 725-000-02 STRATEGIC DEVELOPMENT OGC 7122 Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-OOD-02 PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT GRANT AGREEMENT EXHIBITS OGc 7122 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFA/ CSFA/CFDA Title or Funding Project Type Category Fiscal Code CFDA Funding Source Description Amount Number $1,200,000 $0 Year Travel Number $0 $0 454105-1-84-01 DDR 088774 2024 751000 55.012 Public Transit Service Development Program $1,200,000.00 $0 LF $0 Totals $1,200,000 1 $0 $1,200,000.00 Total Financial Assistance $2,400,000.00 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) * State Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $1,200,000 $1,200,000 $0 $2,400,000 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $1,200,000 $1,200,000 $0 $2,400,000 * Budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: _ Monthly _ Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. Scope Code and/or Activity 00901:300-00 Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Department Grant Manager Name Signature Date 216 Page 19 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ 7/22 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 217 Page 20 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ 7122 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (Service Development) 1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 341.051, F.S. 2. Bus Transit System. In accordance with Section 341.061, F.S., and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit and the Department shall have on file, an annual safety certification that the Agency i has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90, F.A.C.,J and has performed annual safety inspections of all buses operated. 3. Transit Vehicle Inventory Management. The agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025), which outlines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310, Section 5311, Section 5316, and Section 5317 programs as the funding source, or where the Department participates in 50% or more of the public transit vehicle's purchase price. This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Department programs. 4. Progress Reports. The Agency will submit Semi -Annual Progress Reports on monthly ridership data. Reports are due no later than January 30th for the period ending December 315' and July 30th for the period ending June 30th. 5. Project Goals and Service Data. The Agency must report on work efforts and provide a detailed, side-by-side comparison of the project goals and actual service data. 6. Submittal of Proposed Timeline. The Agency will submit a Proposed Time Line for Service Development Activities prior to the commencement of the project. 7. Final Report. At any time when it becomes necessary to terminate the project or at the end of the two years, a Final Report will be submitted by the Agency. This report will accompany the Final Invoice for reimbursement. The Final Report will include the following: a) An evaluation of the attainment of the goals and objectives. b) The reasons any of the goals were not met. c) The benefit accrued by the Agency. d) A statement of the Agency's intent to continue with the service demonstrated. -- End of Exhibit E -- 218 Page 21 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 7/22 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. 219 Page 22 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 7/22 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:— Awarding Agency: Florida Department of Transportation State Project Title: Public Transit Service Development Program CSFA Number: 55.012 *Award Amount: $1,200,000 *The award amount may change with amendments Specific project information for CSFA Number 55.012 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.012 are https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx provided at: 220 Page 23 of 23 GRANT NAME: Service Development Grant GRANT #: NA AMOUNT OF GRANT: $1,200,000 DEPARTMENT RECEIVING GRANT: Planning and Development Services (pass through to Senior Resource Association) CONTACT PERSON: Mark Vietze PHONE #: (772) 226-1222 I . How long is the grant for? Three Years Starting Date: April 1, 2024 Description Position Position Position Position Position 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 % Retirement Contributions 5. Grant match amount required: $ 1,200,000 Life and Health Insurance 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Worker's Compensation 7. $400,000 annual County match from general fund Soc. Sec. Medicare Matching 8. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? $800,000 (Attach a detailed listing of costs.) $ 9. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Fifth Year Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages T 012.11 Social Securi 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $400,000 TOTAL 10. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 11. What is the estimated cost of the grant to the County over three years? $1,200,000 221 Grant Amount Other Matching Costs Match Total First Year $400,000 $ $400,000 (County) $800,000 Second Year $400,000 $ $400,000 (County) $800,000 Third Year $400,000 $ $400,000 (County) $800,000 Fourth Year $ $ $ $ Fifth Year $ $ $ $ 221 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., ICMA-CM, AICP County Administrator PREPARED BY: Rebeca A. Guerra, AICP, LEED-AP, CPD Chief, Code Enforcement Division DATE: March 6, 2024 RE: Request for Release of a Ten -Foot Conservation Easement at 5180 95th Street It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of March 19, 2024. DESCRIPTION AND CONDITIONS The County has been petitioned by Sommers Properties LLC, owner of a lot at 5180 95th Street, for release of a ten -foot conservation easement. The purpose of the easement release is for the construction of a pool and pool deck accessory to a single-family residence (see attached map). In 1990, when the Preliminary Plat for the River Boat Club was approved, Policy 5.3 of the Comprehensive Plan required that a ten -foot vegetation buffer be maintained along a canal and any development on the adjacent individual lots. Since the River Boat Club subdivision included a man-made canal with a natural vegetated shoreline, the County's Environmental Planning Staff required that at the time of the final plat, a ten -foot conservation easement be created on those lots adjacent to the canal indicating the required buffer. That easement was dedicated to Indian River County. In 2006, the County's regulations concerning conservation easements changed, and the new minimum width for conservation easements was increased from ten feet to fifty feet. The ten -foot conservation easement at the River Boat Club subdivision specifically allows for the construction of water access structures to occur within its bounds (see attached Final Plat). Today, the natural vegetated shoreline along the man-made canal has been almost entirely impacted by sea wall construction, docks, platforms, boardwalks, and decks. Moreover, the subject property is the only remaining undeveloped lot of the original nineteen lots approved as part of the subdivision. This request has been reviewed by the Public Works Department, Natural Resources Department, and the County Surveyor. None of the reviewing entities have expressed an objection to the request. Therefore, it is Staffs position that the requested easement release would have no adverse impact on the natural environment, the subject property, or to other neighboring properties. 222 RECOMMENDATION Staff recommends that the Board, through adoption of the attached Resolution, approve the release of a ten - foot conservation easement at 5180 95th Street. ATTACHMENTS: 1. Aerial of Subject Property & River Boat Club Subdivision 2. The River Boat Club Final Plat 3. Map Depicting Easement for Release 4. Proposed Resolution Releasing Easement 223 AERIAL OF SUBJECT PROPERTY & RIVER BOAT CLUB SUBDIVISION Overall Subdivision Close -Up Of Subject Lot and Adjacent Lots ATTACIIINT #1 0 V Mi o J cz H � x z Z Lu o c z z 0 LL. Im— p < W; W a o W H W) CD 0 Z �W Q N C> A i O_y � N � d � LU N 0 > �a� /�0__ '� aft w r €� �� a �aF�g as 4 f E i a v Ei �a wig�3��� Yin 5 �g 8 ge�8 gei HER ��"�~ of awl it ca p g-.14 qzl als Fad it c L!L•6Yt 3NI1H'J11M1i e Ipy nd. �74 1 3XI49,0D It R a i ��jy�yN r * € chi � �¢� , � pa � � q.��• �� � � 1 $, tli3n nn SL m._•�.,�._ PL'6rt N 1 S S • nr^� Pn'SC m I y� 3St.L2170 N -I 9 J 3I.LZM NI �• o'a'f R 5 2 S 1 pN F yb S W /JJ r 101 ILI=f-' zm�' * - J IA S - 1 3Ac7cm -� y � - - (z w 9 qyF-w $ �C c4 I �m 1 a�IF J 2L'6Y1 Ys€�W� 8a 1 arc .umN �'r »•sa. 3$1.LLma i .' I ON $I -AI OR S fn iJ R'EE I 1 IfL�'13z d%. -o 1 ^Q€ o4�z I (IL'BYl _ b I � LI'L9 �j I� 3ll.LZAC N a t4j��ICWN Limit g I gyk � i L &e pk €1j1 --n �€gz 8 � ggng�H af g �z� �g� �gi����.. i�g�"� '9 Z9 ,s3st, .Sf �u'slN¢i.ay <y $ R i I .. u 2 �5 -g-A.«9�E arvol - Rix o�^o �'� w . .. ..7fL[i00 ■ 3 L n LFL $ orFE�i;3ggy g 3 eVx $ I n 5-H I 1� Am nkl14' a m U is 3s D a5 f i UP ( li I h I m o I I ° 0 1 f-----------------------------� I I I ' I I I PA r b I'r Q no W A 227 ATTACHMENT #3 I r' I I I I I ( %, 1411 WY"a. °Ball a4 g �RB4 �P N 4 a N r' did 1 _r 5Q0 -27.13-W 18 149.70' 1 ( li I h I m o I I ° 0 1 f-----------------------------� I I I ' I I I PA r b I'r Q no W A 227 ATTACHMENT #3 RESOLUTION NO. 2024 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING A CONSERVATION EASEMENT ON LOT 3 OF THE RIVER BOAT CLUB SUBDIVISION WHEREAS, Indian River County has an interest in a conservation easement on Lot 3 of The River Boat Club subdivision; and WHEREAS, Sommers Properties LLC, the owner of the property, has made an application to Indian River County requesting that the County release the easement; and WHEREAS, the retention of the easement, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easement: the north ten (10) foot conservation easement on Lot 3, The River Boat Club, according to the plat thereof, as recorded in Plat Book 14, Page 39 of the Public Records of Indian River County, Florida. This release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner Commissioner , and adopted on the day of by the following vote: Chairman Susan Adams Vice -Chairman Joesph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss Commissioner Joe Earman seconded by )2024, The Chairman declared the resolution duly passed and adopted this day of , 2024. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 0 Susan Adams, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller Deputy Clerk ATTACHMENT #4 228 RESOLUTION NO. 2024 - APPROVED AS TO LEGAL FORM: William K. DeBraal County Attorney Cc: Applicant: SOMMERS PROPERTIES LLC 702 SILVER SHORES ROAD VERO BEACH, FL 32963 229 3/19/2024 Item 8.N. Item 8N. Release of 3.o'Conservation Easement • Requestfori e .SC w i � r w i I I i I \ y p--" 0.5Ttig5TREET lease of a so -foot Conservation Easement at ------- 1,4 A-1.1 #111111IM-0-m-d 'w M® 1 3/19/2024 Item 8.N. The River Boat Club Final Plat [W7[R[ rl,i.9P W✓Muti~rt rw ,rx.w RazeevY.itnYd 9 %, mice No I Iow wm I� qm us ra pp Mm Ye ba n=r � �5'MtleYfr LOT '." LDT n LOT �.I LOT s[Cp LOT tOR a, ' LOT LOT {AT LOT • s pRv» ,a• sx K YwvL , S t i� T kg. O ! T. • 4 O �-' t LOT i ArSs ry Ireae _ �9!pQ �- erso YkM "i ax,+ri &ia YBOxt[ fMdOr s.sD c an+•a > rx wvm s�,csrvivT.��'`' a a ar eM � co,. o. , .w r w wr; ^� 1 x sm[r sq.n• —mdaxr h,{sYv 43 s � •nr srs � � � 2ZJ - 2 3/19/2024 Item 8.N. STAFF RECOMMENDATION Item 8N. 9,A- 3 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: March 1, 2024 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, PE, Manager—Capital Projects Prepared by: Robert J. Tobar, EI, Utility Design Engineer Subject: West Wabasso Phase 3 Septic to Sewer (S2S) FDEP Cost -Share Funding Agreement (DEP Agreement No. WG001) Change Order No. 1 Descriptions and Conditions: The Indian River County Department of Utility Services (IRCDUS) is undertaking a multi -phase Septic to Sewer (S2S) program to convert residential and commercial properties on septic systems to connect with the IRCDUS sewer network. West Wabasso Septic -to -Sewer (S2S) Phases 3A and 3B are current projects in this S2S program. West Wabasso S2S Phase 3A (Phase 3A) involves installing centralized sewer to approximately 14 properties on 61St Drive. West Wabasso S2S Phase 3B (Phase 3B) involves installing centralized sewer to approximately 17 properties on 59th Avenue and 58th Court. The County completed installation of public -side infrastructure in Phase 3B and is undergoing private -side connection. Phase 3A is undergoing installation of the public -side infrastructure. The private -side connection is anticipated to begin sometime after June 2024. Each of the two phases involves installation of a lift station. A lift station is a pumping station that transports wastewater from a lower elevation to a higher elevation. On April 6, 2021, the Board of County Commissioners (BCC) approved the Saint Johns River Water Management District (SJRWMD) grant for 77% of eligible costs but not -to -exceed $1,250,000.00. On March 28, 2023, the BCC approved a Florida Department of Environmental Protection (FDEP) Water Protection grant for West Wabasso Phase 3 Septic to Sewer project worth a maximum $1,568,492.00 with a 50% match requirement. During the Phase 3A design, Florida, Power & Light (FPL) informed IRCDUS that three-phase electric power, required for the lift station submersible pumps to operate, was not available within the vicinity of the lift station. To provide three-phase electric power, FPL will install power poles approximately every 200 feet on 61St Drive. This is expected to delay the project. As such, IRCDUS requested time extensions from SJRWMD and FDEP for completion of the project, and which were approved by both agencies. On March 5, 2024, the BCC approved Amendment No. 3 to Contract No. 36526 (SJRWMD), granting a time 230 Consent Item extension until January 31, 2025. FDEP has provided the attached DEP AGREEMENT NO. WG001 - Change Order No. 1, which will extend task expiration dates. Analysis: Change Order No. 1 benefits IRCDUS as it will allow additional time for grant reimbursement after all the public -side infrastructure and private -side connections are complete. This time extension adds no cost to the project. Funding: No funding is required for this item. Recommendation: Staff recommends the Board of County Commissioners authorize the Director of Utility Services or designated representative to sign the Department of Environmental Protection Agreement No. WG001— Change Order No. 1 and all necessary documents to effectuate the grant time extension. Attachments: DEP AGREEMENT NO. WG001 - Change Order No. 1 231 DEP AGREEMENT NO. WG001 CHANGE ORDER NO.1 GRANTEE: Indian River County PROJECT TITLE: West Wabasso Phase 3 Septic to Sewer Conversion DEP Agreement No. WG001 (Agreement) entered into on April 11, 2023 is hereby revised as follows: WHEREAS, the Grantee has requested an update to the Grant Work Plan. WHEREAS, the Grantee has requested a change in task timelines within the Agreement period. NOW THEREFORE, the parties agree as follows: Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-1, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-1, Revised Grant Work Plan. 2. All other terms and conditions of the Agreement shall remain unchanged. The parties agree to the terms and conditions of this Change Order and have duly authorized their respective representatives to sign it on the dates indicated below. INDIAN RIVER COUNTY LIM Sean Lieske, Utilities Services Director Date: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LIM Mitch Holmes, Environmental Administrator Date: Michelle Ramirez, DEP Grant Manager DEP Agreement No. WG001, Change Order No. 1, Page 1 of 1 232 ATTACHMENT 3-1 REVISED GRANT WORK PLAN PROJECT TITLE: West Wabasso Phase 3 Septic to Sewer Conversion PROJECT LOCATION: The project is located in Vero Beach, FL. The project consists of two sites that together comprise Phase 3. Phase 3B is located south of 85th Street (CR -510), between 58`s Avenue (Kings Highway) to the east and Lateral G canal to the west. The interior streets of the Phase 3B site are 59th Avenue and 58th Court. Phase 3A consists of 61st Drive from CR -510 to the north end of the road. Lat/Long for Phase 3B (27.748611, -80.446339), Lat/Long for Phase 3A is (27.750417, - 80.453147). See Figure 1 for a location map and site plan. PROJECT BACKGROUND: West Wabasso Phase 3 is a community of approximately 61 lots consisting of substandard septic systems and is a financially -challenged area within Indian River County (The Grantee). The septic to sewer conversion will route the wastewater from this community to a county system for collection and treatment at a regional wastewater facility that is operated by Indian River County Department of Utility Services. The conversion will reduce the nutrient loading, improve water quality, and promote seagrass growth in the Indian River Lagoon. This community has been identified as having increased health risks and potential groundwater contamination from aging on-site treatment disposal systems. This project will benefit the health and well-being of residents and the Indian River Lagoon. PROJECT DESCRIPTION: The project is a continuation from Phase I (completed in 2013) and Phase II (completed in 2019). The grantee will construct the West Webasso Phase 3 conversion with the installation of approximately 15 manholes, 2 lift stations, 1425 linear feet of sanitary force main pipe, and 2654 linear feet of gravity sewer. Approximately 63 Stub -outs will be installed to provide connections to current and future homes. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Design and Permittin Deliverables: The Grantee will complete the design of West Wabasso Phase 3 Septic to Sewer Conversion and obtain all necessary permits for construction of the project. Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 2) a summary of design activities to date, indicating the percentage of design completion for the time period covered in the payment request. For the final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task and a list of all required permits identifying issue dates and issuing authorities. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. DEP Agreement No. WG001, Attachment 3-1, Page 1 of 3 233 Task 2: Land Acauisition Deliverables: The Grantee will acquire fee simple or less -than -fee simple interest on properties at 8685 61St Drive, Vero Beach, FL 32967. Costs related to pre-acquisition and acquisition will be reimbursable. The property interests will be held by the Grantee. Documentation: The Grantee will submit: 1) copies of all appraisals; 2) the closing statement or all closing documents; 3) title exam/insurance; 4) property survey; 5) boundary map; and 6) the deed, recorded easement, or property interest. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement at the conclusion of the task. Task 3: Construction Deliverables: The Grantee will construct West Wabasso Phase 3B Septic to Sewer Conversion in accordance with the construction contract documents. The Grantee will submit through the Department's GIS web -interface data collection tool, parcel -level data identifying collection system extensions; lift stations and other infrastructure associated with the grant; and both the parcels connected to sewer and the parcels where sewer has been made available for connection but not yet connected along with associated grant information. Documentation: The Grantee will submit 1) a copy of the final design; 2) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; 3) a signed Engineer's Certification of Payment Request; and 4) an email from the Department's GIS web -interface data collection tool, confirming that data for the project has been submitted. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. DEP Agreement No. WG001, Attachment 3-1, Page 2 of 3 234 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task Task Title Budget Grant Match Task Start Task End No. Category Amount Amount Date Date 1 Design and Permitting Contractual $57,125.00 $57,125.00 07/01/2021 07/31/2024 (Phase 3A and 3B) Services 2 Land Acquisition Land $ 111109.31 $ 11,109.31 07/01/2021 03/31/2024 (Phase 3A) Acquisition 3 Construction (Phase Contractual $1,500,257.69 $1,500,257.69 07/01/2021 05/31/2025 3A and 3B) Services Total: $1,568,492.00 $1,568,492.00 DEP Agreement No. WG001, Attachment 3-1, Page 3 of 3 235 Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: March 7, 2024 Subject: Miscellaneous Budget Amendment 03 Description and Conditions: In accordance with Florida Statue 129.06(2)(f), this public hearing will be advertised on Friday, March 15, 2024, for the purpose of hearing comments from the public regarding the changes to the County's fiscal year 2023/24 budget to reflect actual cash balance dollars being allocated as follows: Purchase orders encumbered from the previous fiscal year for work not yet completed need to be "rolled over" into the current fiscal year. Exhibit "A" appropriates funding from Cash Forward -Oct 1 It for the following funds: General Fund $86,095, MSTU Fund $74,310, Impact Fees $349,998, Secondary Roads $56,189, Transportation Fund $208,452, Emergency Services $5,547,889, Florida Boating $42,000, ARP Funds $428,852, Optional Sales Tax $3,905,750, SWDD $1,796, Utilities $896,327 and Information Technology $7,400. 2. Funds for various projects budgeted, but not yet completed in FY 2022/23 need to be "rolled over" into the current fiscal year. Exhibit "A" appropriates funding from Cash Forward -Oct 1 St for the following funds: General Fund $478,595, MSTU Fund $793,510, Traffic Impact Fees $655,103, Impact Fees $148,692, Transportation Fund $450,000, Emergency Services $3,727,755, FL Boating $315,323, ARP Fund ($428,852), Opioid Fund $70,663, Jackie Robinson Training Complex $3,500,432, Optional Sales Tax $730,761, and Utilities $5,048,761. 3. On December 12, 2023, the Board of County Commissioners approved the repealing of the "Sixth Cent" of Tourist Tax. Exhibit "A" decreases the Coastal Engineering Fund by $275,629 and the Tourist Tax Fund by $327,619. 4. On January 23, 2024, the Board of County Commissioners approved the award of bid for the Tracking Station Beach Park Dune Crossover. Exhibit "A" appropriates $197,321 from MSTU/Cash Forward- Oct 111 5. On November 21, 2023, the Board of County Commissioners approved the E911 Customer Precise Equipment (CPE) Hardware Refresh Work Authorization in the amount of $731,853. Exhibit "A" appropriates $31,853 from 911 Surcharge/Cash Forward -Oct 1 St to fund the budget shortfall that was approved in the original agenda item. 6. On November 21, 2023, the Board of County Commissioners approved the Sheriff's Office request to return the excess fees submitted of $1,001,627, Offender Fees totaling $3,411 and Law Enforcement Trust Fund monies totaling $24,900. Exhibit "A" appropriates the funding from General Fund/Cash Forward- Oct 1St for $1,005,038 and Law Enforcement Trust Fund for $24,900. 236 Members of the Board of County Commissioners March 7, 2024 Page 2 of 2 7. On December 12, 2023, the Board of County Commissioners approved the Florida Division of Emergency Management Agreement (FDEM) Hazard Mitigation grant for Dune Restoration in Sector 4. Exhibit "A" appropriates the Hazard Mitigation Grant of $2,000,000, the Florida Department of Emergency Protection (FDEP) grant for $2,376,000 and $1,624,000 from Coastal Engineering /Cash Fowrard-Oct1st to fund the Sector 4 Dune Restoration. 8. It is necessary to "roll over" Coronavirus Aid, Relief, and Economic Security Act (CARES) funds to the current fiscal year. Exhibit "A" appropriates expenditures for the remaining funding from FY 2022/23 to FY 2023/24 in the amount of $431,505 from CARES Act/ Cash Forward - Oct 1 It. 9. On February 6, 2024, the Board of County Commissioners approved the FY 2023/24 Capital Improvement Element. Exhibit "A" appropriates funding for projects scheduled for the current fiscal year from Cash Forward -Oct 1 St for the following funds: General Fund ($70,000), MSTU $794,393, Traffic Impact Fees $2,525,397, Impact Fees $6,023,494, Traffic Impact Fees 2020 $8,364,873, Secondary Roads $1,022,770, Emergency Services $1,835,000, Tree Mitigation Fund $200,000, Native Uplands Fund $25,000, Coastal Engineering Fund $3,991,539, Florida Boating Improvement Fund $230,000, Land Acquisition Fund $871,675, Vero Lake Estates MSBU $352,500, Optional Sales Tax $26,341,792, and various grants totaling $304,724. 10. On February 20, 2024, the Board of County Commissioners approved use of the Tree Mitigation Fund for the Gifford Customer Convenience Center Landscaping Project. Exhibit "A" appropriates $200,000 from Tree Mitigation Fund/Cash Forward -October 1St 11. On March 5, 2024, the Board of County Commissioners approved Work Order 28 for the Fire Station 2 dock redesign. Exhibit "A" appropriates funding of $42,090 from Optional Sales Tax/Cash Forward Oct 1St 12. On March 5, 2024, the Board of County Commissioners approved the transfer of $40,000 from the Gifford Youth Achievement Center (GYAC) renewal & replacement fund to the GYAC expense account. Exhibit "A" appropriates the funding. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2023/24 budget. 237 RESOLUTION NO. 2024- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2023-2024 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2023-2024 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2023-2024 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2023-2024 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph Earman Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2024. Attest: Ryan L. Butler Clerk of Court and Comptroller 21 Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners as M APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 238 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 03 Entry Type Fund/ Department/Account Name Account Number Increase Decrease General Fund/Cash Forward -Oct 1st 001039-389040 $86,095 $0 MSTU Fund/Cash Forward -Oct 1st 004039-389040 $74,310 $0 Impact Fee/Cash Forward -Oct 1st 103039-389040 $349,998 $0 Secondary Roads/Cash Forward -Oct 1st 109039-389040 $56,189 $0 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $208,452 $0 Emergency Services/Cash Forward -Oct 1st 114039-389040 $5,547,889 $0 Revenue FL Boating/Cash Forward -Oct 1st 133039-389040 $42,000 $0 ARP Fund/Cash Forward -Oct 1st 138039-389040 $428,852 $0 Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $3,905,750 $0 SWDD/Cash Forward -Oct 1st 411039-389040 $1,796 $0 Utilities/Cash Forward -Oct 1st 471039-389040 $896,327 $0 Information Technology/Cash Forward -Oct 1st 505039-389040 $7,400 $0 General Fund/Main Library/Other Operating 00110971-035290 $1,796 $0 Supplies 1 General Fund/NC Library/Other Operating 00111271-035290 $898 $0 Supplies General Fund/Brackett Library/Other 00111371-035290 $1,796 $0 Operating Supplies General Fund/Parks/Other Buildings 00121072-066290 $10,270 $0 General Fund/Facilities Mgmt/Maintenance- 00122019-034611 $21,021 $0 Courthouse General Fund/Facilities Mgmt/Maint-Other 00122019-034690-17018 $1,796 $0 Equipment/Sebastian Corners General Fund/Facilities Mgmt/Maint-Other 00122019-035290 $12,572 $0 Operating Supplies Expense General Fund/Facilities Mgmt/Other 00122019-066490 $28,510 $0 Machinery & Equipment General Fund/Animal Control/Other Operating 00125062-035290 $7,436 $0 Supplies MSTU Fund/NCAC/Maint-Buildings 00410472-034610 $56,815 $0 MSTU Fund/GAC/Other Machinery & 00410572-066490 $15,699 $0 Equipment MSTU Fund/Recreation/Other Operating 00410872-035290 $898 $0 Supplies MSTU Fund/iG Facility/Other Operating 00411572-035290 $898 $0 Supplies Impact Fees/Fire Rescue/Automotive 10312022-066420 $349,998 $0 Secondary Roads/Road & Bridge/Other 10921441-035290 $20,436 $0 Operating Supplies 1 of 11 239 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 03 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Secondary Roads/Road & Bridge/Traffic 10921441-066510-05017 $35,753 $0 Controllers Transportation Fund/Road & Bridge/Other 11121441-035290 $1,796 $0 Operating Supplies Transportation Fund/Traffic Engineering/Auto 11124541-034640 $2,909 $0 Equipment Transportation Fund/Traffic Engineering/ 11124541-035290 $1,796 $0 Other Operating Supplies Transportation Fund/Traffic Engineering/ 11124541-066420 $188,221 $0 Automotive Transportation Fund/Stormwater/Other 11128138-033490 $13,730 $0 Contractual Services Emergency Services/Fire Rescue/Maint- 11412022-034610 $6,375 $0 Buildings Emergency Services/Fire Rescue/Maint-Auto 11412022-034640 $1,144 $0 Equipment Emergency Services/Fire Rescue/ Automotive 11412022-066420 $5,126,942 $0 Emergency Services/Fire Rescue/ Automotive 11412022-066420-20023 $413,428 $0 FL Boating/Parks/Boating Facilities 13321072-066380 $42,000 $0 ARP Fund/Fire Services/Other Machinery & 13812022-066490 $428,852 $0 Equipment Optional Sales Tax/GAC/Other Improvements 31510572-066390 $46,902 $0 Except Bldg 1. Expense Optional Sales Tax/Fire Services/Automotive 31512022-066420 $3,104,567 $0 Optional Sales Tax/Parks/Archie Smith House 31521072-066510-14004 $508,408 $0 Restoration Optional Sales Tax/Parks/Playground 31521072-066510-20040 $50,326 $0 Improvements Optional Sales Tax/Road & Bridge/Traffic 31521441-066510-21015 $195,547 $0 Camera Replacement Program SWDD/Landfill/Other Operating Supplies 41121734-035290 $1,796 $0 Utilities/Wastewater Treatment/Other 47121836-035290 $2,691 $0 Operating Supplies Utilities/Wastewater Treatment/Utility Renewal 47121836-044699 $3,829 $0 & Replacement Utilities/Wastewater Treatment/Pump Repair 47121836-044699-21531 $209,151 $0 Utilities/Water Production/Chemicals 47121936-035230 $34,990 $0 Utilities/Water Production/Other Operating 47121936-035290 $1,796 $0 Supplies Utilities/Water Production/Pumping Equipment 47121936-044650 $44,800 $0 Maintenance Utilities/Water Production/Utility Renewal & 47121936-044699 $56,935 $0 Replacement Utilities/Water Production/NWTP Well Rehab 47121936-044699-19540 $13,479 $0 Utilities/General & Engineering/Other 47123536-035290 $2,694 $0 Operating Supplies 2 of 11 240 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 03 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Utilities/Sludge Operations/Utility Renewal & 47125736-044699 $30,982 $0 Replacement Utilities/Wastewater Collection/Maintenance- 47126836-034650 $26,172 $0 Heavy Equipment Utilities/Wastewater Collection/Lift Station 47126836-044699-19512 $247,003 $0 1. Expense Rehab Utilities/Wastewater Collection/Lift Station 47126836-044699-21520 $25,986 $0 Pump R&R Utilities/Water Distribution/Line Replacements 47126936-044699-19552 $195,819 $0 Information Technology/Information Systems 50524113-035130 $7,400 $0 Computer Hardware Upgrade General Fund/Cash Forward -Oct 1st 001039-389040 $478,595 $0 MSTU Fund/Cash Forward -Oct 1st 004039-389040 $793,510 $0 Traffic Impact Fees/Cash Forward -Oct 1st 102039-389040 $655,103 $0 Impact Fees/Cash Forward -Oct 1st 103039-389040 $148,692 $0 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $450,000 $0 Emergency Services/Cash Forward -Oct 1st 114039-389040 $3,727,755 $0 Revenue Florida Boating/Cash Forward -Oct 1st 133039-389040 $315,323 $0 ARP Funds/Cash Forward -Oct 1st 138039-389040 $0 $428,852 Opioid Fund/Cash Forward -Oct 1st 147039-389040 $70,663 $0 JRTC/Cash Forward -Oct 1st 308039-389040 $3,500,432 $0 2. Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $730,761 $0 Utilities/Cash Forward -Oct 1st 471039-389040 $5,048,761 $0 General Fund/County Attorney -Other 00110214-033190 $206,762 $0 Professional Svcs General Fund/Main Library/Other Operating 00110971-035290-18801 $17,862 $0 Supplies/Annex Proceeds General Fund/Human Resources/Other 00120313-033190 $68,500 $0 Professional Services General Fund/Parks/Maint-Buildings 00121072-034610 $7,385 $0 Expense General Fund/Parks/Fairground Expenditures 00121072-036750 $107,000 $0 General Fund/Parks/Maint Structures Except 00121072-034660 $9,609 $0 Bldgs General Fund/Parks/Other Improvements 00121072-066390 $18,605 $0 Except Buildings General Fund/Human Services/Other 00121164-035290 $22,451 $0 Operating Supplies General Fund/Human Services/ Other 00121164-033190 $3,000 $0 Professional Services 3 of 11 241 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 03 Entry Type Fund/ Department/Account Name Account Number Increase Decrease General Fund/Conservation Land/Other 00121572-066390 $9,806 $0 Improvements Except Buildings General Fund/Office of Mgmt & Budget/Other 00122913-033190-19028 $7,615 $0 Professional Services MSTU/Beach Parks/Other Contractual 00411672-033490-22601 $3,410 $0 Services/Hurricane Ian MSTU/Beach Parks/Other Contractual 00411672-033490-23007 $12,090 $0 Services/Hurricane Nicole MSTU/Planning/Other Professional Services 00420515-033190 $213,010 $0 MSTU/Planning/Other Contractual Services 00420515-033490 $465,000 $0 MSTU/Code Enforcement/Other Contractual 00420724-033490 $100,000 $0 Services Traffic Impact Fees/District 3/90th Ave & Oslo 10215341-066510-22039 $655,103 $0 Road Corridor Impact Fees/Parks/Other Professional 10321072-033190-20014 $148,692 $0 Services/Parks/Rec/Cons Land Master Plan Transportation/Public Works/Other 11124319-033490 $450,000 $0 Contractual Services Emergency Services/Fire 11412022-035290-20023 $515,235 $0 Rescue/OtherOperatingSupplies-PEMT Emergency Services/Automotive 11412022-066420 $3,212,520 $0 2. Expense FL Boating/Parks/ELC Main Dock 13321072-066510-22013 $315,323 $0 Replacement ARP Funds/Fire Services/Other Machinery & 13812022-066490 $0 $428,852 Equipment Opioid Fund/Drug Court 14790234-088940 $70,663 $0 JRTC/Other Machinery & Equipment- 30816275-066490-23001 $90,295 $0 Amendment #2 JRTC/Exec/Championship Hall -Amendment 30816275-066510-23002 $2,501,510 $0 #2 JRTC/Hotel Room Remediation/Amendment 30816275-066510-23003 $257,568 $0 #2 JRTC/Maint-Buildings 30816275-034610-19024 $159,309 $0 JRTC/Capital 30816275-066490-19024 $491,750 $0 Optional Sales Tax/Fire Services/800 MHZ 31512022-066510-16004 $55,261 $0 Upgrade P25 Compliance Optional Sales Tax/Fire Services/Automotive 31512022-066420 $600,000 $0 Optional Sales Tax/Parks/Hoise Schuman 31521072-066390-18011 $63,500 $0 Park Improvements Optional Sales Tax/Public Works/Moorhen 31524338-066510-16018 $12,000 $0 Marsh 4 of 11 242 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 03 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Utilities/WW Treatment/Other Professional 47121836-033190 $36,541 $0 Services Utilities/Water Production/Other Professional 47121936-033190 $62,600 $0 Services Utilities/Water Production/Modify to 47121936-033190-23537 $62,888 $0 Consumptive Use Permit Utilities/Water Production/Pumping Equipment 47121936-044650 $35,805 $0 Maintenance Utilities/Water Production/Gifford Storage 47121936-044699-23538 $291,438 $0 Tank Utilities/Water Production/N WTP Well Rehab 47121936-044699-19540 $385,605 $0 Utilities/Water Production/WTP SCADA 47121936-044699-19536 $400,000 $0 2. Expense System Update Utilities/Water Production/S WTP Membrane 47121936-044699-19503 $2,651,008 $0 & Retrofit Utilities/General & Engineering/Other 47123536-033490 $150,000 $0 Contractual Services Utilities/General & Engineering/Other 47123536-033190-23544 $150,000 $0 Professional Services Utilities/ WW Collection/Other Operating 47126836-035290 $13,490 $0 Supplies Utilities/Water Distribution/Valve Replacement 47126936-044699-19551 $618,125 $0 Utilities/Osprey Marsh/Other Professional 47128236-033190 $7,261 $0 Services Utilities/Sludge/Garbage & Solid Waste 47125736-034330 $184,000 $0 Tourist Tax/Local Option Resort Tax -IRC 119031-312110 $0 $172,431 Tourist Tax/Local Option Resort Tax -Vero 119031-312111 $0 $172,431 Tourist Tax/Less 5% Estimated Receipt 119039-389030 $17,243 $0 Revenue Coastal Engineering/Local Option Resort Tax- 128031-312110 $0 $345,069 IRC 3 Coastal Engineering/Local Option Resort Tax- 128031-312111 $0 $345,069 Vero Coastal Engineering/Less 5% Estimated 128039-389030 $34,507 $0 Receipt Coastal Engineering/Cash Forward -Oct 1st 128039-389040 $380,002 $0 Tourist Tax/Other Professional Services 11914472-033190 $0 $327,619 Expense Coastal Engineering/Reserve for Contingency 12814472-099910 $0 $275,629 Revenue MSTU/Cash Forward -Oct 1st 004039-389040 $197,321 $0 4 MSTU Fund/Beach Parks/Other 00411672-066390-23007 $153,910 $0 Expense Improvements Except Bldgs/Hurricane Nicole MSTU Fund/Beach Parks/Other Contractual 00411672-066390-22601 $43,411 $0 Services/Hurricane Ian Revenue 911 Surcharge/Cash Forward -Oct 1st 120039-389040 $31,853 $0 5. Expense 911 Surcharge/Communication Center/EDP 12013325-035120-24011 $31,853 $0 E ui ment 5 of 11 243 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 03 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $1,005,038 $0 6 Law Enforcement Trust Fund/Cash Forward- Oct 1st 112039-389040 $24,900 $0 Expense General Fund/Sheriff-Law Enforcement 00160086-099040 $1,005,038 $0 Law Enforcement Trust Fund/Sheriff-Law Enforcement 11260086-099040 $24,900 $0 Coastal Engineering/DEM Hazard Mitigation Grant 128033-334396 $2,000,000 $0 Revenue Coastal Engineering/FDEP Grant 128033-331700 $2,376,000 $0 7. Coastal Engineering/Cash Forward -Oct 1st 128039-389040 $1,624,000 $0 Expense Coastal Engineering/CIP/Hurricane Ian -Sector 12814472-066515-22601 $1,320,000 $0 Coastal Engineering/CIP/Hurricane Nicole - Sector 12814472 -066515-23007 $4,680,000 $0 Revenue CARES Act/Cash Forward - October 1 st 139039-389040 $431,505 $0 8. Expense CARES Act/Purchasing/Other Operating Su plies 13921613-035290 $431,505 $0 General Fund/Cash Forward - October 1st 001039-389040 $0 $70,000 MSTU Fund/Cash Forward - October 1st 004039-389040 $794,393 $0 Traffic Impact Fees/Cash Forward - October 1 st 102039-389040 $2,525,397 $0 County Impact Fees/Cash Forward - October 1 st 103039-389040 $6,023,494 $0 Traffic Impact Fees 2020/Cash Forward - October 1st 104039-389040 $8,364,873 $0 Secondary Roads/Cash Forward - October 1st 109039-389040 $1,022,770 $0 Emergency Services District/Cash Forward - October 1st 114039-389040 $1,835,000 $0 Revenue Tree Ordinance Fines/Cash Forward - October 1st 117039-389040 $200,000 $0 Native Uplands Fund/Cash Forward - October 1 st 127039-389040 $25,000 $0 9 Coastal Engineering/FEMA Grant - Hurricane Ian 128033-331587-22601 $67,039 $0 Coastal Engineering/FEMA Grant - Hurricane Nicole 128033-331587-23007 $237,685 $0 Coastal Engineering/Cash Forward - October 1 st 128039-389040 $3,991,539 $0 Florida Boating Fund/Cash Forward - October 1 st 133039-389040 $230,000 $0 Land Acquisition/Cash Forward - October 1st 145039-389040 $871,675 $0 Vero Lake Estates/Cash Forward - October 1 st 185039-389040 $352,500 $0 Optional Sales Tax/Cash Forward - October 1 st 315039-389040 $26,341,792 $0 General Fund/Parks/Other Capital Improvements - Fairgrounds 00121072-066391 $0 $70,000 Expense MSTU Fund/Parks/58th Ave Ballfield Expansion & Renovation 00421072-066510-18001 $794,393 $0 Traffic Impact Fees/District 1 Roads/66th Ave/69th St -85th St 10215141-066510-16009 $1,065,270 $0 244 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 03 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Traffic Impact Fees/District 2 Roads/ Aviation 10215241-066510-22010 $538,359 $0 Ext - US1 to 37th & 41st Traffic Impact Fees/District 3 Roads/90th Ave 10215341-066510-22039 $21,768 $0 & Oslo Corridor Traffic Impact Fees/District 3 Roads/8th Street 10215341-066510-23009 $450,000 $0 Reconstruction - 66th to 74th Traffic Impact Fees/District 3 Roads/8th Street 10215341-066510-23010 $450,000 $0 Reconstruction - 74th to 82nd County Impact Fees/Fire Services/All Land 10312022-066110 $500,000 $0 County Impact Fees/Fire Services/ 10312022-066510-20037 $0 $206,612 Emergency Operations Center Expansion County Impact Fees/Parks/Other Improvements Except Building/Fran B Adams 10321072-066390-16005 $60,000 $0 Park Soccer Fields County Impact Fees/Parks/Other Improvements Except Building/Hobart Park 10321072-066390-18013 $650,000 $0 Restroom County Impact Fees/Parks/Construction Progress/58th Ave Ballfield Expansion & 10321072-066510-18001 $4,100,000 $0 Renovation County Impact Fees/Parks/Construction 10321072-066510-18027 $0 $250,000 Progress/Fairgrounds RV Camping Expansion County Impact Fees/Parks/Construction 10321072-066510-21025 $0 $330,000 Progress/Fairgrounds Midway Restroom County Impact Fees/Parks/Construction Progress/Victor Hart Sr Restroom & 10321072-066510-23019 $500,000 $0 Concession 9. Expense County Impact Fees/Public Buildings/Emergency Operations Center 10322019-066510-20037 $350,000 $0 Expansion County Impact Fees/Law Enforcement/Sheriff 10360021-066510-21019 $650,106 $0 Office Expansion Traffic Impact Fees 2020/District 1 10415141-066120-15002 $50,000 $0 Roads/ROW - 58th Ave/33rd St Left Turn Traffic Impact Fees 2020/District 1 10415141-066120-15006 $250,000 $0 Roads/ROW - 58th Ave/37th St Left Turn Traffic Impact Fees 2020/District 1 10415141-066510-17021 $6,750,000 $0 Roads/58th Ave Widening - 53rd to 57th Traffic Impact Fees 2020/District 1 10415141-066510-19003 $0 $950,000 Roads/69th Street Reclamation - 66th to US1 Traffic Impact Fees 2020/District 2 10415241-066120-19001 $0 $250,000 Roads/ROW - 26th St & 43rd Ave Intersection Traffic Impact Fees 2020/District 2 Roads/ 10415241-066510-22010 $4,000,000 $0 Aviation Extension Traffic Impact Fees 2020/District 2 10415241-066510-13013 $0 $750,000 Roads/45th Street - Left Turn Lane at US1 Traffic Impact Fees 2020/District 2 10415241-066510-22010 $0 $638,359 Roads/Aviation Ext - US1 to 37th & 41st Traffic Impact Fees 2020/District 2 Roads/90th Ave & Oslo Road Corridor 10415241-066510-22039 $303,232 $0 Improvements Traffic Impact Fees 2020/District 2 Roads/27th Ave at Oslo - Northbound Right 10415241-066510-23011 $0 $2,000,000 Lane & Long Left Traffic Impact Fees 2020/District 2 10415241-066510-23029 $0 $950,000 Roads/17th St SW - 27th Ave to 43rd Ave 7 of 11 245 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 03 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Traffic Impact Fees 2020/District 2 Roads/1st 10415241-066510-24001 $50,000 $0 St SW & 27th Ave Left Turn Traffic Impact Fees 2020/District 2 10415241-066510-24004 $2,500,000 $0 Roads/11th Drive & 37th Street Intersection Secondary Roads/Road & Bridge/Shooting 10921441-053360-23018 $300,000 $0 Range Resurfacin Secondary Roads/Road & Bridge/Road 10921441-053370 $75,000 $0 Restri in Secondary Roads/Road & Bridge/Vero Lake 10921441-066510-06060 $380,000 $0 Estate Road Paving Secondary Roads/Road & Bridge/Indian River 10921441-066510-21021 $0 $237,500 Blvd Pedestrian & Bike Access Secondary Roads/Road & Bridge/VLE Paving 10921441-066510-21033 $0 $262,500 104th Ave 79th - 87th Secondary Roads/Road & Bridge/Oslo Park 10921441-066510-24003 $767,770 $0 Paving Emergency Services District/Fire Rescue/Construction Progress/Fire Station 11412022-066510-20032 $1,460,000 $0 #15 Construction Emergency Services District/Construction 11412022-066510-20037 $100,000 $0 Progress/Upgrade Training Site at EOC Emergency Services District/Fire Rescue/Construction Progress/Fire Station 11412022-066510-22040 $275,000 $0 #11 Renovations Tree Ordinance Fines/Parks/South Prong 11721072-066510-20009 $75,000 $0 Slough Conservation Area Tree Ordinance Fines/Parks/South Oslo 11721072-066510-22002 $100,000 $0 Conservation Area Restoration Tree Ordinance Fines/Parks/Cypress Bend 11721072-066510-22019 $25,000 $0 Preserve - Habitat and Stormwater 9. Expense Native Uplands Fund/Cypress Bend Preserve 12721072-066510-22019 $25,000 $0 Habitat and Stormwater Coastal Engineering/CIP/Hurricane Ian - 12814472-066514-22601 $945,178 $0 Sector 3 Coastal Engineering/CIP/Hurricane Nicole - 12814472-066514-23007 $3,351,085 $0 Sector 3 Florida Boating Fund/Parks/Don Macdonald 13321072-053360-23036 $80,000 $0 Resurfacing Florida Boating Fund/Parks/Archie Smith Fish 13321072-066510-14004 $150,000 $0 House Land Acquisition/Other Improvements Except Building/Sebastian Harbor Preserve 14514639-066390-18035 $237,675 $0 Improvements Land Acquisition/Jones Pier Improvements 14514639-066510-18010 $634,000 $0 Vero Lake Estates/Road & Bridge/VLE Paving 18521441-066510-21033 $352,500 $0 - 104th Ave 79th - 87th Optional Sales Tax/Fire Services/All Land 31512022-066110 $792,650 $0 Optional Sales Tax/Fire Services/Automotive 31512022-066420 $1,740,000 $0 Optional Sales Tax/Fire Services/Construction 31512022-066510-19020 $4,000,000 $0 Progress/Fire Station #7 Construction Optional Sales Tax/Fire Services/Construction 31512022-066510-20032 $1,860,000 $0 Progress/Fire Station #15 Construction Optional Sales Tax/Fire Services/Construction 31512022-066510-20037 $0 $1,000,000 Progress/Upgrade Training Site at EOC 8 of 11 246 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 03 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Optional Sales Tax/Parks/Other 31521072-066390 $200,000 $0 Improvements Except Building Optional Sales Tax/Parks/Hosie Schuman 31521072-066390-18011 $340,000 $0 Park Improvements Optional Sales Tax/Parks/Other Improvements Except Building/South Prong 31521072-066390-20009 $0 $100,000 Slough Conservation Area Optional Sales Tax/Parks/Other Improvements Except Building/Gifford Aquatic 31521072-066390-23034 $0 $110,000 Center Fence Optional Sales Tax/Parks/Construction Progress/Archie Smith Fish House 31521072-066510-14004 $325,000 $0 Restoration Optional Sales Tax/Parks/Construction 31521072-066510-18002 $0 $200,000 Progress/Oslo Riverfront Conservation Area Optional Sales Tax/Parks/Construction 31521072-066510-18010 $175,000 $0 Progress/Jones Pier Improvements Optional Sales Tax/Parks/Fairgrounds RV 31521072-066510-18027 $0 $200,000 Cam in Ex ansion Optional Sales Tax/Parks/Construction Progress/Sebastian Harbor Preserve 31521072-066510-18035 $270,000 $0 Improvements Optional Sales Tax/Parks/Construction Progress/Kroegel Conservation Area 31521072-066510-19006 $0 $50,000 Improvements Optional Sales Tax/Parks/JRTC Walking Trail 31521072-066510-19021 $1,350,000 $0 Optional Sales Tax/Parks/Construction Progress/Hallstrom Farmstead Conservation 31521072-066510-19027 $475,000 $0 9. Expense Area Optional Sales Tax/Parks/Construction Progress/Lost Tree Conservation 31521072-066510-20001 $0 $390,000 Improvements Optional Sales Tax/Parks/Pickleball Complex 31521072-066510-20002 $535,000 $0 South Count Optional Sales Tax/Parks/Parks Playground 31521072-066510-20040 $302,000 $0 Improvements Optional Sales Tax/Parks/Shooting Range 31521072-066510-21011 $300,000 $0 Clays Trail Elevation Optional Sales Tax/Parks/Construction Progress/South Oslo Conservation Area 31521072-066510-22002 $0 $100,000 Restoration Optional Sales Tax/Parks/West Wabasso 31521072-066510-22023 $85,000 $0 Park Baseball & Improvements Optional Sales Tax/Parks/IG/Dick Bird Park 31521072-066510-23014 $150,000 $0 Improvements Optional Sales Tax/Parks/Fran B Adams 31521072-066510-23016 $485,000 $0 Ballfield Fencing Optional Sales Tax/Parks/Beach Parks 31521072-066510-23017 $96,000 $0 Parking & Drive Reconstruction Optional Sales Tax/Victor Hart Sr 31521072-066510-23019 $0 $250,000 Restroom/Concession Optional Sales Tax/Parks/Beach Parks Septic 31521072-066510-23020 $200,000 $0 to Sewer Optional Sales Tax/Parks/Fairgrounds Master 31521072-066510-24005 $100,000 $0 Plan Optional Sales Tax/Parks/NCAC Water Slide 31521072-066510-24006 $240,000 $0 Replacement Optional Sales Tax/Pa rks/Wabasso Beach 31521072-066510-24013 $50,000 $0 Park Reconstruction 9 of 11 247 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 03 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Optional Sales Tax/Road & Bridge/ROW - 31521441-066120-06055 $0 $125,000 43rd Ave - 12th St to Oslo Optional Sales Tax/Road & Bridge/ROW - 31521441-066120-07806 $1,250,000 $0 66th Ave - 49th to 69th Street Optional Sales Tax/Road & Bridge/ROW - 31521441-066120-14001 $0 $300,000 41st & US1 Optional Sales Tax/Road & Bridge/ROW - 31521441-066120-16034 $0 $125,000 43rd Ave - 12th to 18th Street Optional Sales Tax/Road & Bridge/ROW - 31521441-066120-17028 $0 $1,500,000 45th Street Resurface 58th to 43rd Optional Sales Tax/Road & Bridge/ROW - 8th 31521441-066120-23009 $0 $500,000 Street Reconstruction - 66th to 74th Optional Sales Tax/Road & Bridge/ROW - 8th 31521441-066120-23010 $0 $500,000 Street Reconstruction - 74th to 82nd Optional Sales Tax/Road & Bridge/Traffic 31521441-066510-05018 $0 $200,000 Fiber Optics Optional Sales Tax/Road & Bridge/Misc. 31521441-066510-05063 $0 $200,000 Intersection Improvements Optional Sales Tax/Road & Bridge/43rd Ave - 31521441-066510-06041 $4,671,053 $0 18th St to 26th St Optional Sales Tax/Road & Bridge/66th Ave - 31521441-066510-07806 $1,778,147 $0 49th to 69th Street Optional Sales Tax/Road & Bridge/58th Ave - 31521441-066510-15013 $3,601,255 $0 49th to 53rd Street Optional Sales Tax/Road & Bridge/66th Ave - 31521441-066510-16009 $4,743,002 $0 69th to 85th Street Optional Sales Tax/Road & Bridge/45th Street 31521441-066510-17028 $0 $3,000,000 Roadway Improvements Optional Sales Tax/Road & Bridge/Sidewalk 31521441-066510-19022 $0 $400,000 9. Expense Extension 64th Ave to WAB Park Optional Sales Tax/Road & Bridge/2nd Street 31521441-066510-19023 $0 $100,000 Sidewalk/Old Dixie - 20th Ave Optional Sales Tax/Road & Bridge/20th Ave 31521441-066510-20038 $0 $750,000 Pedestrian Improvements - 8th to 12th Optional Sales Tax/Road & Bridge/43rd Ave 31521441-066510-20041 $0 $625,000 Bridge Over S Relief Canal Optional Sales Tax/Road & Bridge/Highland 31521441-066510-21010 $0 $750,000 Drive Sidewalk Optional Sales Tax/Road & Bridge/Traffic 31521441-066510-21015 $100,000 $0 Camera Replacement Program Optional Sales Tax/Road & Bridge/1st St SW 31521441-066510-21017 $1,100,000 $0 & 35th Ave Culvert Optional Sales Tax/Road & Bridge/Trans 31521441-066510-21035 $139,787 $0 Florida Railway Trail Optional Sales Tax/Road & Bridge/43rd Ave 31521441-066510-22026 $300,000 $0 Pedestrian Access - 1st to 8th Optional Sales Tax/Road & Bridge/43rd Ave 31521441-066510-22027 $1,664,385 $0 Pedestrian Access - 12th to 18th Optional Sales Tax/Road & Bridge/CR513 & N 31521441-066510-24002 $1,500,000 $0 Broadway Pipe Replacement Optional Sales Tax/Facilities/Fiberoptics 31522019-066510-03006 $0 $150,000 Optional Sales Tax/Facilities/Traffic 31522019-066510-20017 $4,450,000 $0 Operations Building Optional Sales Tax/Facilities/Upgrade Training 31522019-066510-20037 $0 $3,000,000 Site at EOC Optional Sales Tax/Facilities/Courthouse Air 31522019-066510-21005 $15,660 $0 Handler Refurbishment Optional Sales Tax/Facilities/BCC Chamber 31522019-066510-22003 $100,000 $0 Lighting Controls 10 of 11 248 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 03 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Optional Sales Tax/Facilities/Supervisor of 31522019-066510-22020 $916,000 $0 Elections Roof Optional Sales Tax/Facilities/Finance 31522019-066510-22042 $150,000 $0 Department Renovations Optional Sales Tax/Facilities/IT Department 31522019-066510-22043 $125,000 $0 Renovations Optional Sales Tax/Facilities/Fiberoptics- 31522019-066510-23012 $883,792 $0 Building B to Sheriff Optional Sales Tax/Facilities/Fiberoptics - 31522019-066510-23013 $152,500 $0 Building A to Sebastian Corners Optional Sales Tax/Facilities/Fleet Generator 31522019-066510-24008 $250,000 $0 and Switch Optional Sales Tax/Facilities/Courthouse 31522019-066510-24009 $121,069 $0 Garage Elevator Optional Sales Tax/Facilities/EOC AC Walls 31522019-066510-24010 $100,000 $0 9. Expense Optional Sales Tax/Public WorksrFMDL 31524338-066510-19009 $0 $5,900,000 Effluent Storage Project Optional Sales Tax/Public Works/Egret Marsh 31524338-066510-21027 $200,000 $0 Manifold System Optional Sales Tax/Public Works/ Construction Progress/Oslo Conservation 31524338-066510-23008 $0 $150,000 Area Stormwater Improvements Optional Sales Tax/Public Works/Rockridge 31524338-066510-23025 $150,000 $0 One Way Drain Valves Optional Sales Tax/WW Collection/West 31526836-066510-21512 $106,119 $0 Wabasso Sewer Phase 3 Optional Sales Tax/Sheriff/Sheriff - Law 31560086-099040 $3,954,301 $0 Enforcement Optional Sales Tax/Sheriff/Sheriff - Detention 31560086-099140 $2,424,072 $0 Center Optional Sales Tax/Medical Examiner/New 31590727-066510-22033 $0 $2,000,000 Medical Examiner Building Revenue Tree Fund/Cash Forward -Oct 1st 117039-389040 $200,000 $0 10. Expense Tree Fund/Parks/Gifford Customer Conv. 11721072-035340-24014 $200,000 $0 Landscape Improvements Revenue Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $42,090 $0 11. Expense Optional Sales Tax/Fire Rescue/Fire Station # 31512022-066510-24015 $42,090 $0 2 Dock Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $40,000 $0 12. Expense General Fund/Agencies/GYAC 00111072-088820 $40,000 $0 11 of 11 249 PUBLISHED IN PRESS JOURNAL MARCH 15, 2024 NOTICE OF PUBLIC HEARING SUPPLEMENTING FISCAL YEAR 2023-2024 BUDGET INDIAN RIVER COUNTY, FL BUDGET NOTICE IS HEREBY GIVIEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on March 19, 2024, beginning at 9:00 am, or as soon thereafter as the item may be heard, in the Commission Chambers at the Indian River County Administration Building A, 1801 27th Street, Vero Beach, Florida, for the purpose of hearing comments from the public regarding the changes to the County's FY 2023-2024 budget; to reflect actual cash balance forward dollars from prior fiscal year. General Fund Ongoing Projects $1,539,728 MSTU Fund Ongoing Projects 1,859,534 Impact Fees Fund CIE 6,522,184 Traffic Impact Fees Fund CIE 3,180,500 Traffic Impact Fees 2020 Fund CIE 8,364,873 Secondary Roads Fund CIE 1,078,959 Transportation Fund Ongoing Projects 658,452 Law Enforcement Trust Fund Ongoing Projects 24,900 Emergency Services District Ongoing Projects/Fund CIE 11,110,644 Tree Fine Fund Fund CIE 400,000 911 Surcharge Increases in Expenses 31,853 Native Uplands Fund CIE 25,000 Coastal Engineering Fund Ongoing Projects/Fund CIE 5,995,541 Florida Boating Improvements Fund CIE 587,323 CARES Act Funds Ongoing Projects 431,505 Land Acquisition Fund Fund CIE 871,675 Opioid Fund Ongoing Projects 70,663 Vero Lake Estates Assessment Fund CIE 352,500 Jackie Robinson Training Complex Ongoing Projects 3,500,432 Optional Sales Tax Ongoing Projects/Fund CIE 31,020,393 Solid Waste Disposal District Ongoing Projects 1,796 Utilities Ongoing Projects 5,945,088 Information Technology Ongoing Projects 7,400 Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act (ADA) Coordinator at 772-226-1223 at least 48 hours in advance of the meeting. 250 *LocaIIQ Florida GANNETT OF OF PUBLICATION Ruth Dommarito Man River County Be= Legals 180127" ST Vero Beach FL 32960-3388 STATE OF WISCONSIN, COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Indian River Press JournaVSt Lucie News Tribune/Stuart News, newspapers published in Indian River/St Lucle/Martin Counties, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Main Legal:CLEGL, was published on the publicly accessible websites of Indian River/St Lucie/Martin Counties, Florida, or in a newspaper by print In the Issues of, on: 03/15/2024 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on 03/15/2024 Pub4cation Cost $539-10 Order No: 9952726 # of Copies: Customer No: 1125968 1 PO #: NOTICE OF PUBLIC HEARING THIS IS NOT AN INVOICE! Pleme do not use this form for payment remittance. AMY KOKOTT Notary Pubtlo State Of WiSconsin 3 -(q-24 PO Bbx 631244 Cincinnati, OH 45263-1244 IR Page 1 of 2 13 A, I 2§6-1 to Ar 1 NOTICE OF PUBLIC HEARING SUPPLEMENTING FISCAL YEAR 2023-2024 BUDGET INDIAN RIVER COUNTY, FL BUDGET NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on March 19,2024 ' 9,2024, beginning at 9:00 am, or as soon thereafter as the 'item may be heard, in the Commission Chambers at the Indian River County Administration Building A, 1801 27th Street, Vero Beach, Florida, for the purpose of hearing comments from the public regarding the changes to the County's FY 2023-2024 budget, to reflect actual cash balance forward dollars from prior fiscal year General Fund Onaoina Prciects 1 $1.539.728 , I] MSTU Fund i Onooino Proiects 1 1,859.5341 Traffic Im act Fees _ _ Fund Cly 3,180,5 Traffic Impact Fees 2020 Fund CIE 8.384.813 3 Fund and Vero Lake Estates Fund 'CIE 352,500 Assessment Jackie Robinson Ongoing Projects 3,500,432 Cpticnal dales Tax_ OngoingProjects/Fund CIE 31,024,393 f Slid Waste I5isposai District Ongoing,Projects 1 798 Utilities Ongoing Pro'ects 50945,088 ; Information technology 'Ongoing Projects 7,400 Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal Is Lased. Anyone who needs a special accommodation for this meeting mush contact the County's Americans with Disabilities Act (ADA) Coordinator at 772-228-' 1.223 at least 48 hours in advance of the meeting. Qnoin pro ects 24,900 On oira Pro'ec#F and CIE 11,110,644 , Fund C1 400,040 Increases in Expenses 31,853 Fund CIE 25,000 Ongoi Projects/Fund CIE 5,995,541 S Fund CIE 587,323 4n oin Projects 431,545 Fund CIE 871.875. Vero Lake Estates Fund 'CIE 352,500 Assessment Jackie Robinson Ongoing Projects 3,500,432 Cpticnal dales Tax_ OngoingProjects/Fund CIE 31,024,393 f Slid Waste I5isposai District Ongoing,Projects 1 798 Utilities Ongoing Pro'ects 50945,088 ; Information technology 'Ongoing Projects 7,400 Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal Is Lased. Anyone who needs a special accommodation for this meeting mush contact the County's Americans with Disabilities Act (ADA) Coordinator at 772-228-' 1.223 at least 48 hours in advance of the meeting. l04 --k INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH John A Titkanich, Jr., County Administrator PREPARED BY: Chris Balter, Chief, Long Range Planning DATE: March 08, 2024 SUBJECT: Consideration of Mod Units LLC., Request For an Economic Development Ad Valorem Tax Exemption (Tax Abatement) [Legislative] It is reque!ted that the data presented herein be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting on March 19, 2024. DESCRIPTION AND CONDITIONS On November 2, 2010, the voters of Indian River County approved a tax abatement referendum, and the tai abatement ordinance (Chapter 1100 of the Indian River County Code) then went into effect for z ten-year period. On November 3, 2020, the voters of Indian River County voted in favor of continuing such authority for another ten years. The ordinance, along with state statutes, establishes tax abatement requirements, sets tax abatement limitations, and governs the County's tax abatement process (see attachment #1). Mod Units LLC. has recently applied for a County tax abatement in association with establishing its operations within the County. The company is currently operating from an existing building located at 1756 130th Street, Sebastian, FL (the former Ford Wire and Cable building), with plans to expand that building by 40,000 square feet. As per the application, the company is eligible for a tax abatement on real property and new tangible personal property listed in the application. While Mod Units LLC. plans to operate from a location that is within the City of Sebastian, as stated in its tax abatement application, the County's tax abatement process applies to all eligible properties vvithin the County, regardless of jurisdiction. a N a I VC. IC As structured, the County's tax abatement ordinance authorizes the BCC, at its sole discretion, to grant quali`ying businesses an exemption from certain ad valorem taxes (property taxes) for a period of up to 10 years. Under the ordinance, the BCC may exempt (abate) up to 100% of the assessed value of new real property improvements and newly installed tangible personal 1 251 property for purposes of assessing "County taxes." Consistent with the tax abatement ordinance, the "County taxes" that will be abated for the Mod Units LLC. project are those taxes associated with the General Fund and the Emergency Services District Fund. No other taxes, such as School District taxes, applicable City taxes, or taxes levied for the payment of bonds, are affected by the tax abatement. • Qualifying for Tax Abatement Consistent with state statutes, the County's tax abatement program is an economic development incentive available for new business projects and business expansion projects that qualify under the terms of the tax abatement ordinance. In this case, the proposed project is a new manufacturer in the County that will make affordable modular housing units and employ twenty- four (24) people. Per the tax abatement ordinance, a new manufacturing business that employs at least ter (10) or more new full-time employees is eligible to apply to the program. Since Mod Units LLC, proposes to hire twenty-four (24) employees, its facility qualifies for tax abatement consideration under the terms of the tax abatement ordinance (see page 3 of attachment #1). • Scoriiig the Mod Units LLC. Tax Abatement Application According to the tax abatement application submitted by Mod Units LLC., the proposed facility will: • Generate 24 permanent, full-time jobs to be hired gradually over a two-year period ending at the end of 2025 — Estimated annual payroll of new full-time jobs: $1,720,000. — Estimated average annual wage of $62,500 (excluding benefits such as health insurance and 401k contributions) • Include capital investment in the site consisting of an estimated $4,000,000. $1,500,000 in tangible personal property (e.g., industrial equipment) $2,500,000 to construct a 40,000-sf building, along with renovations to the existing structure • Meet adopted economic development policy: — As a "Manufacturing" use, the facility qualifies as a Target Industry under Policy 2.5 (see attachment #3) The positive economic development impacts and benefits of Mod Units LLC. are described in a report provided by the Chamber of Commerce (see attachment #5). These characteristics provide the basis for evaluating and scoring the tax abatement application in accordance with the scoring guidelines adopted by the BCC (see attachment #4). Under the scoring guidelines, a project scores more points for a higher number of jobs, higher average wages, higher local capital investment, and for having special economic development attributes. For projects that score higher point totals, the guidelines establish higher tax 2 252 abatement levels and longer tax abatement timeframes (tax years). In this case, staff has scored the Mod U lits LLC. application as follows: 1. Number of new full-time jobs created (24 manufacturing jobs).........................................18 points 2. Level of average annual wages (100% or more but less than 155%) .................................18 points 3. Level of local capital investment ($4,000,000)........................................................................20 points 4. Special economic development attributes (meeting Policy 2.5) ..........................................20 points Total Application Score 76 points Based upon a total score of 76 points, Mod Units LLC. application qualifies for the second tax abatement scoring category (out of 3 categories). The qualification points for that category are between 6:_ and 80 points. That category provides for an 8 -year tax abatement with the following schedule: Year 1...........100% Year 5............60% Year 2...........100% Year 6 .............40% Year 3............90% Year 7 .............20% Year 4............80% Year 8 .............10% A Tangible Personal Property tax abatement scenario for the Mod Units LLC. the facility, based on the applicant's estimates and based on certain assumptions, are stated below: Year Combined Property Taxes Abated GF, ES Dist. At 5.9006 Mills Combined Property Taxes Paid GF, ES Dist. At 5.9006 Mills Combined Property Taxes Paid Schools, Bonds, Other At 6.8801 Mills Year 1 $23,602 $0 $30,837 Year 2 $22,717 $0 $29,681 Year 3 $19,729 $2,192 $28,640 Year 4 $16,963 $4,241 $27,703 Year 5 $12,335 $8,223 $26,860 Year 6 $7,991 $11,987 $26,102 Year 7 $3,891 $15,564 $25,419 Year 8 $1,785 $16,064 $23,321 $109,014 (abated) $58,272 (paid) $218,563 (paid) This scenar o provides a rough estimate of the maximum potential tax abatement amount. The Property Appraisers Office (PAO) will determine the actual assessed value for any given year during the abatement period on or around January 1st of that year. • Timin; According 1:o Mod Units LLC.'s tax abatement application and recent correspondence with company representatives, the property has been acquired, and the first ten employees will be 3 253 hired by th a beginning of September 2024. Based on the company's hiring and operations plans, the facility will first be assessed for tax purposes on or about January 1, 2025, for the 2025 tax year. Therefore, the application proposes that the tax abatement (Year 1) begin in 2025. • Limitations & Safeguards As previous ly described in this report, the tax abatement ordinance limits the abatement to new tangible personal property associated with certain types of qualified businesses (real property improvements would also be included with anew building or new building expansion). Also, the tax abatement applies to a limited number of tax funds for a maximum of 10 years. In addition, the tax abatement ordinance requires tax abatement grantees to enter into a tax exemption (abatement:) agreement with the County, meet all exemption (abatement) requirements on a continuing basis, file an annual compliance report with the County, and immediately advise the County of any failure of the business to meet exemption (abatement) requirements. Under the tax abatement ordinance, the BCC is authorized to revoke or revise the exemption if the BCC determines that the business no longer meets the exemption requirements or that the application or any annual report contains a materially false statement that would have affected the grantin;; or continuing the exemption (see page 6 of attachment #1). Those limitations and safeguards apply to Mod Units LLC. application. • Ordinance & Agreement In order to approve the subject tax abatement application, the County must adopt an ordinance specifically for the Mod Units LLC. abatement and grant approval of an agreement with Mod Units LLC. The County Attorney's Office has prepared an ordinance and an agreement (see attachments 8 and 9). As proposed, the ordinance provides findings and establishes up to an 8 - year abaterient beginning in 2025. Consistent with the County's tax abatement ordinance, the proposed agreement requires Mod Units LLC. to provide an annual status report to confirm compliance with tax abatement requirements and commitments as referenced in the "Limitation! & Safeguards" section above. If Mod Units LLC's performance would cause it to fall out of the 2'd tier tax abatement scoring category, the agreement allows the company to request the BCC corsider a tax abatement reduction through an ordinance amendment. CONCLUSICN Based on the analysis conducted, staff and the Economic Development Council have determined that the Mad Units LLC. application qualifies for the County's tax abatement program. In addition, staff's analysis indicates that the Mod Units LLC. tax abatement application scores in the 2"d awar d category (out of 3 categories) under the County's tax abatement scoring guidelines. Based on those guidelines, the proposed Mod Units LLC. facility qualifies for an 8 -year tax abatement beginning in 2025. If an 8 -year property tax abatement is granted as recommended, the maximum potential total combined tax abatement over the 8 -year period in current dollars is roughly estimated to be $109,014. For the same 8 -year period, the maximum potential total tangible personal property taxes paid in current dollars is roughly estimated to be $218,563 for r.I 254 schools, bands, and other districts, and $58,272 for the general fund and emergency services fund. RECOMMENDATION Staff and the Economic Development Council (by consensus) recommend that the Board of County Corimissioners approve the tax abatement application and: 1. Finc that the Mod Units LLC. facility qualifies as a "New Business" under the tax aba-:ement ordinance, and 2. Finc that the application scores in the 2nd tax abatement award category (out of 3 categories) under the adopted scoring guidelines; and 3. Grant a tax abatement using the schedule for up to the 2"d highest award category, with up lo the 8 -year abatement period to begin in 2025 (a lower award category may be app ied if the company's performance results in it meeting lower average wage and/or lower # of provided jobs); and 4. Approve the attached ordinance granting an economic development ad valorem tax exemption to Mod Units LLC. and 5. Authorize the Chairman to execute the Economic Development Tax Exemption Agreement for Mod Units LLC. ATTACHMENTS 1. Indi 3n River County Tax Abatement Ordinance 2. Mock Units LLC. Tax Abatement Application 3. Economic Development Policy 2.5 4. Tax Abatement Scoring Guidelines 5. Preliminary Tax Abatement Scoring and Estimated Tax Abatement Amounts 6. Cha -nber of Commerce Report 7. Property Appraisers Office Report 8. Ord nance for Mod Units LLC. Exemption (Abatement) 9. Agreement with Mod Units LLC. 5 255 Title XI. - ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION ch. Economic Development Ad Valorem Tax Exemption, §§ 1100. 1100.01-1100.15 CHAPTER 1100. - ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONu Footnotes: --- (1) --- Editor's note— In order to preserve the style of this Code, and at the editor's discretion, ch. 1100 has been added Section 1100.01. - Short title. Title XI shall be known as the Indian River County Economic Development Ad Valorem Tax Exemption (Ordinance. (Ord. No. x.010-014, §§ 1, 2, 6-22-10) Section 110).02. - Enactment authority. Article VII, Section 3, of the Constitution of the State of Florida and F.S. § 196.1995, authorize the county to grant economic development ad valorem tax exemptions to new businesses and expansions of existing businesses after the electors of the county, voting on the question in a referendum, authorize such exemr tions. (Ord. No. 2010-014, § § 1, 2, 6-22-10) Section 1100.03. - Findings of fact. (a) An important function of local government is the promotion of a strong local economy by providing financial incentives that will encourage new businesses to locate and existing businesses to expand within its jurisdiction, thereby creating new jobs, improvements to real property, and additions to tangibly personal property. (b) The h,salth, welfare and general well-being of the citizens of Indian River County will be enhanced by the location of new businesses and the expansion of existing businesses within Indian River County. (c) The board of county commissioners determines that the granting of economic development ad valorem tax exemptions to new businesses locating in Indian River County and to existing businesses expanding in Indian River County will promote and strengthen the local economy and thereby enhance the health, welfare and general well-being of the citizens of Indian River County. (Ord. No. ?010-014, §§ 1, 2, 6-22-10) 1 256 Section 1100.04. - Definitions of terms. The following words, phrases, and terms shall have the meanings set forth below. To the extent that such meanings incorporate provisions of Florida Statutes, such meanings are intended to incorporate the provisions of Florida Statutes, as amended from time to time: (a) Applicant. Any person or entity who files an application requesting an economic development ad valorem tax exemption pursuant to this title. (b) Application. A written application on the form prescribed by the department, together with any supplemental form prescribed by the county and any additional information requested by the county. (c) Beard. The Board of County Commissioners of Indian River County. (d) Brownfield area. An area designated as a brownfield area pursuant to F.S. § 376.80. (e) Business. Any activity engaged in by any person or entity, with the object of private or public gain, benefit or advantage, either direct or indirect. (f) County. Indian River County, Florida. (g) Dopartment. The Florida Department of Revenue. (h) Director. The Indian River County Community Development Director, or his/her designee. (i) Reserved. Q) Exemption or economic development ad valorem tax exemption. An ad valorem tax exemption granted by the board in its discretion to a qualifying new business or expansion of an existing business pursuant to this ordinance, and as authorized by Article VII, Section 3 of the Constitution of the State of Florida and F.S. § 196.1995. (k) E>pansion of an existing business. (1) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this county, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (2) A business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this county, the sales factor of which, as defined in F.S. § 220.15(5), for the facility with respect to which it requests an exemption is less than 0.50 for each year the exemption is claimed; provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same Business, resulting in a net increase in employment of not less than ten (10) percent or an increase in productive output of not less than ten (10) percent; or (3) Any business located in a brownfield area that increases operations on a site colocated with a commercial or industrial operation owned by the same business. (1) Exemption agreement. A written agreement entered into between the county and an applicant receiving an exemption pursuant to this title, as described more fully in Section 1100.09. below. (m) Exemption ordinance. An ordinance granting an exemption, as described more fully in Section 1100.08 below. (n) Ea emption requirements. All requirements and conditions which must be satisfied for the granting and continuation of an exemption, including those set forth in general law, this title, the exemption orc finance and the exemption agreement. (o) lrgprovements. Physical changes made to real property consisting of structures or other improvements placed on or under the land surfaces. 257 (p) NE w business. (1) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this county, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (2) A business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this county, the sales factor of which, as defined in F.S. § 220.15(5), for the facility with respect to which it requests an exemption is less than 0.50 for each year the exemption is claimed; or (3) An office space in this county owned and used by a corporation newly domiciled in this state; provided such office space houses fifty (50) or more full-time employees of such corporation; provided that such Business or office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business; or (4) Any business located in a brownfield area that first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. (q) Real property shall have the meaning set forth in F.S. § 192.001(12). (r) Sales factor. The sales factor is a fraction the numerator of which is the total sales of the applicant in this state during the taxable year or period and the denominator of which is the total sales of the Applicant everywhere during the taxable year or period, as defined in F. S. § 220.15(5). (s) Ta igible personal property shall have the meaning set forth in F. S. § 192.001(11)(d). (t) VWation of law. A violation of any federal, state or local law which, in the sole discretion of the board, is sufficiently serious that it would not be in the best interests of the citizens of the county that the violator be granted or continue to receive the benefits of an exemption. (Ord. No. 2010-014, §§ 1, 2, 6-22-10; Ord. No. 2016-002, § 3, 3-2-16) Section 1100.05. - Establishment of economic development ad valorem tax exemption. (a) Subject to the remaining provisions of this title, there is hereby established an economic development ad valorem tax exemption for certain ad valorem taxes levied by the county. The exemption is a local option tax incentive for a qualifying new business or expansion of an existing business which may be granted or refused at the sole discretion of the board. (b) At the sole discretion of the board, the exemption may be granted for (i) up to one hundred (100) percent of the assessed value of all improvements to real property made by or for the use of a new business and of all tangible personal property of such new business, and (ii) up to one hundred (100) percent of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business, provided that the improvements to real property are made, o- the tangible personal property is added or increased, on or after the day the exemption ordinance is adopted. (c) The teen of the exemption shall be up to ten (10) years, as set forth in the exemption ordinance; provided, however, that the continuation of the exemption from year to year shall be contingent upon the appli--ant's continued compliance with the exemption requirements. (d) The exemption shall not apply to improvements to real property or to tangible personal property which were included on the tax rolls prior to the effective date of the exemption ordinance. (e) Property acquired to replace existing property shall not be considered to facilitate an expansion of an existing business. 258 F (f) No exemption shall be granted for the land upon which a new business or expansion of an existing business; is to be located. (g) Any exemption granted for a new business or expansion of an existing business is transferable betweer businesses, provided, the transferee business (i) continues to comply with all exemption requirements; and (ii) assumes in writing all of the obligations of the transferor business under the exemption agreement. (h) The exemption shall apply only to taxes levied by the county, except that the exemption shall not apply to taxes levied for the payment of bonds, or to taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12 of Article VII of the Constitution of the State of Florida. (i) The exemption shall not be available to any business which, at any time within two (2) years prior to filing of the application, or at any time subsequent to filing of the application but prior to adoption of the exemption ordinance, was found guilty of a violation of law. Q) The decision of the board to grant or deny an exemption shall be a legislative decision. No precedent shall exist by reason of any decision to grant or deny an exemption. (Ord. No. 2010-014, § § 1, 2, 6-22-10) Section 1100.06. - Application for exemption. (a) Any business requesting an exemption shall file an application with the Indian River County Community Development Department. (b) The ap plication must be filed no later than March 1 of the year in which the exemption is desired to take effE'ct. (c) There shall be no fee for filing the application. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.07. - Consideration of application. (a) Within tan (10) days of receipt of a completed application, the director shall review the application and determine whether it facially meets all requirements to qualify for an exemption. If the director determines that the application facially does not meet all requirements to qualify for an exemption, the director Shall so notify the applicant in writing and the applicant will have thirty (30) days from the date of such notice to appeal the director's determination directly to the board. (b) If the director determines that the application facially does meet all requirements to qualify for an exemption, the director shall promptly deliver a copy of the application to (1) the property appraiser who, within thirty (30) days of receipt, shall provide a report as set forth in subsection (c) below, (2) the Indic n River County Economic Development Council which, within thirty (30) days of receipt, shall provide Nritten comments, if any, (3) the Indian River County Chamber of Commerce which, within thirty (3G) days of receipt, shall provide a report of the positive economic impacts of the proposed new business; or expansion of an existing business, and (4) if applicable, any incorporated municipality, Community Development Agency, Brownfield Area Advisory Committee, or other such agency or committee having jurisdiction with respect to the subject real property. Within thirty (30) days of receipt, such municipality, agency or committee shall provide written comments, if any. All written comments shall be provided to the director. Within sixty (60) days of receipt of the completed application, the director, consulting with other departments of the county as necessary, shall conduct an analysis of the application and prepare a written recommendation to the board. (c) The property appraiser's report shall include the following 4 259 F (1) TF e total revenue available to the county for the current fiscal year from ad valorem tax sources, or an estimate of such revenue if the actual total revenue available cannot be determined; (2) Any revenue lost to the county for the current fiscal year by virtue of exemptions previously granted under this section, or an estimate of such revenue if the actual revenue lost cannot be determined; (3) An estimate of the revenue which would be lost to the county during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation; and (4) A determination as to whether the property for which an exemption is requested is to be incorporated into a new business or the expansion of an existing business, as defined in F.S. § 196.012(15) or (16) or into neither, which determination the property appraiser shall also affix to the face of the application. Upon the request of the property appraiser, the department shall prcvide to him/her such information as it may have available to assist in making such determination. (d) Within thirty (30) days of completion of the reports or comments set forth in subsections (b) and (c) above, he director shall present the application to the board together with the property appraiser's report, the director's analysis and recommendation, and any written comments received. Based upon the materials received, and applying the guidelines set forth in subsection (e) below, the board shall decide i i its sole discretion either to proceed forward toward the adoption of an ordinance granting the exemption, or to deny the application. (e) Any recommendation of the director or decision of the board shall take into consideration the following factors: (1) The number of new jobs projected to be established in the county; (2) The average wage paid with respect to the new jobs; (3) The estimated amount of capital investment to be made by the business in the county; (4) The extent to which the business may qualify as: (i) An innovation business, as defined in F.S. § 288.1089(2)(j); (ii) A business in a targeted industry as identified from time to time by the board; or (iii) A business which may otherwise encourage the location or expansion of other businesses in the county; (5) The extent to which the business is likely to procure materials or supplies from local businesses; (6) The net positive contribution to the local economy. In addition to the above factors, the board may consider any other activity or factor that relates to economic development within the county. (Ord. No. 2,)10-014, § § 1, 2, 6-22-10) Section 110C.08. - Ordinance granting exemption. An exemption ordinance shall be adopted in the same manner as any other ordinance of the county, and shall inc ude the following: (a) The name and address of the new business or expansion of an existing business to which the exemption is granted; (b) The total amount of revenue available to the county from ad valorem tax sources for the current fiscal year, the total amount of revenue lost to the county for the current fiscal year by virtue of 260 exemptions currently in effect, and the estimated revenue loss to the county for the current fiscal yea attributable to the exemption of the business named in the ordinance; (c) The amount of the exemption, stated as a percentage of the assessed value of all improvements or tangible personal property subject to the exemption; (d) Th= period of time for which the exemption will remain in effect and the expiration date of the exemption; and (e) A f nding that the business named in the exemption ordinance meets the requirements of F.S. § 196.012(15) or (16). (Ord. No. 2C 10-014, §§ 1, 2, 6-22-10) Section 1100.09. - Exemption agreement. No Exemption granted hereunder shall be effective until the business enters into an exemption agreement with the county. The exemption agreement shall contain.. (1) A clear acknowledgment by the business that the exemption shall continue to exist only for so lona as the business continues to meet all exemption requirements; and (2) Su ;h other matters required by the county. (Ord. No. 2C 10-014, §§ 1, 2, 6-22-10) Section 1100.10. - Continuing performance. (a) The business shall continue to meet all exemption requirements during the term of the exemption; (b) No later than March 1 of each year during the term of the exemption, the business shall provide an annual roport to the director which shall certify and, if requested by the director, contain satisfactory proof, that the business continues to meet all exemption requirements; (c) The business shall timely comply with all requirements of F.S. § 196.011, during the term of the exemption; and (d) The business shall immediately advise the county of any failure by the business to meet all exemption requirements. (Ord. No. 2610-014, § § 1, 2, 6-22-10) Section 1100.11. - Revocation of exemption. (a) The board may revoke or revise the exemption at any time if the board determines in its sole discretion that (1) the business no longer meets all of the exemption requirements, (2) the application or any 000001— annual roport contains a material false statement, such that the exemption likely would not have been granted or continued if the true facts had been known, or (3) the business is found guilty of a violation of law; and (b) If it is determined that the business was not in fact entitled to an exemption in any year for which the business received an exemption, the county, property appraiser or tax collector shall be entitled to recover all taxes not paid as a result of the exemption, plus interest at the maximum rate allowed by law, plus all costs of collection, including, without limitation, reasonable attorney's fees. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) 261 Section 1100.12. - Applicability. This title shall be applicable throughout the incorporated and unincorporated areas of Indian River County. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.13. - Sunset date. Pursuant to F.S. § 196.1995, this title shall expire on November 3, 2030, ten (10) years after the date such authoritI to grant exemptions was submitted to the electors of the county voting in a referendum. The expiratioi of the title shall not affect the continued existence of any exemption granted prior to November 3, 2030. (Ord. No. 2010-014, §§ 1, 2, 6-22-10; Ord. No. 2020-008, § 2, 7-14-20) Section 1100.14 - Economic development ad valorem tax exemption granted to Ineos New Planet Bioenergy, LLC ("business"). (1) An economic development ad valorem tax exemption is hereby granted to business whose address is 925 71 th Avenue SW, Vero Beach, Florida. The exemption shall apply to its new improvements to real property and its new tangible personal property related to its new business located at 925 74 th Avenue 3W, Vero Beach, Florida. This exemption shall apply only to the improvements to real property and the tangible personal property described in business' application for such exemption, on file in the county community development department. (2) The exemption shall be for a term of ten (10) years commencing in 2013, the first year the new improvements and new tangible personal property will be added to the assessment roll. The amount of the eXemption shall be a specified percentage of county ad valorem taxes for the general fund. Municipal services taxing units, and emergency services district which would otherwise be due with respect lo the new improvements and new tangible personal property in the absence of the exemption. The app,oved exemption percentages are, as follows: Year I (January 1, 2013 tax roll) .....100% Year 2 (January 1, 2014 tax roll) .....100% Year 3 (January 1, 2015 tax roll) .....100% Year 4 (January 1, 2016 tax roll) .....90% Year 5 (January 1, 2017 tax roll) .....80% Year 6 (January 1, 2018 tax roll) .....70% Year 7 (January 1, 2019 tax roll) .....60% Year 8 (January 1, 2020 tax roll) .....50% Year 9 (January 1, 2021 tax roll) .....40% Year 10 (January 1, 2020 tax roll) .....30% (3) The total amount of revenue available to the county from ad valorem tax sources for the current fiscal year is seventy-two million, eight hundred forty-five thousand, six hundred sixty dollars ($72,84!,660.00); the total amount of revenue lost to the county for the current fiscal year by virtue of 262 economi: development ad valorem tax exemptions currently in effect is $0.00; and the estimated revenue loss to the county for the current fiscal year if the exemption's first year had been in effect is one hundred ninety-three thousand, nine hundred fifty-one dollars ($193,951.00). (4) The exemption shall be subject to all provisions set forth in sections 1100.01 through 1100.13. Without limitation, the continuation of the exemption shall be contingent upon business' compliance with section 1100.10 relating to "continuing performance." (5) The boz rd specifically finds that business meets the requirements of F.S. § 196.012(15) (Ord. No. 2(11-011, § 3, 12-20-11) Section 1100 15. - Economic development ad valorem tax exemption granted to PCP Tactical, LLC ("business"). (1) An economic development ad valorem tax exemption is hereby granted to business whose address is 3895 39th Square, Vero Beach, FL 32960. The exemption shall apply to its new improvements to real property and its new tangible personal property related to planned expansion of its existing business; to be located at 4155 49th Avenue, Vero Beach, Florida, 32967, described as lots 2, 3, and 4, Indiar River Industrial Center, according to the plat thereof recorded in Plat Book 23, Page 9, of the Public Records of Indian River County, Florida. This exemption shall apply only to the improvements to real aroperty and the tangible personal property described in business' application for such exemption. (2) The e):emption shall be for a term of ten (10) years commencing with the first year the new improve rents or new tangible personal property are added to the assessment roll. The amount of the exemption shall be a specified percentage of county ad valorem taxes for the general fund, municipal services taxing units, and emergency services district, which would otherwise be due with respect to the new improvements or new tangible personal property in the absence of the exemption. The approved exemption percentages are, as follows: Year 1 (January 1, 2023 tax roll) .....100% Year 2 (January 1, 2024 tax roll) .....100% Year 3 (January 1, 2025 tax roll) .....100% Year 4 (January 1, 2026 tax roll) .....90% Year 5 (January 1, 2027 tax roll) .....80% Year 6 (January 1, 2028 tax roll) .....70% Year 7 (January 1, 2029 tax roll) .....60% Year 8 (January 1, 2030 tax roll) .....50% Year 9 IJanuary 1, 2031 tax roll) .....40% Year 1 C (January 1, 2032 tax roll) .....30% (3) On or Before January 15th of each year, beginning in 2023, PCP Tactical, LLC shall submit to the county community development department an annual report providing evidence of continued compliance with the definition of an expanding business and the Indian River County Ad Valorem Tax Abatement Application Scoring Guidelines used to set the exemption percentages set forth above for each of the ten years during which PCP Tactical, LLC is eligible to receive ad valorem tax exemption. If the ar nual report is not received, or if the annual report indicates PCP Tactical, LLC no longer meets the criteria of F.S. § 196.012, or no longer meets the Indian River County Ad Valorem Tax Abatement 263 Application Scoring Guidelines used to set the exemption percentages set forth above, the county community development director shall make a report to the board of county commissioners for consideration of revocation or reduction of the tax exemption awarded under this section. (4) The total amount of revenue available to the county from ad valorem tax sources for the current fiscal year is one hundred nineteen million, seven hundred ninety-six thousand, three hundred fifty-two dollars ($119,796,352.00); the total amount of revenue lost to the county for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect is zero dollars ($0.00); and the estimated revenue loss to the county for the current fiscal year attributable to the exemption granted in this section is zero dollars ($0.00). The estimated revenue loss to the county for fiscal year 2023 is twenty-six thousand, eight hundred sixty-five dollars and seven cents ($26,865.07). (5) The exemption shall be subject to all provisions set forth in sections 1100.01 through 1100.13. Without limitation, the continuation of the exemption shall be contingent upon business' compliance with section 1100.10 relating to "continuing performance." (6) The board specifically finds that business meets the requirements of F.S. § 196.012(15) (Ord. No. 2020-014, § 3, 10-28-20) F:\Community Development\Users\EDplannr\INCENTIVES & FUNDING\Tax Abatements\Applications\Diamond Drinks\EDC Agenda Item\l - County Tax Abat;ment Ordinance.docx 264 .3 .11 .2'1 104,2 * LocaliQ Florida PO Box 631244 Cincinnati,OH 45263-1244 GANNETT PROOF OF PUBLICATION Kathy Charest Indian River County Planning 1801 27Th Street Vero Beach FL 32960 STATE OF WISCONSIN,COUNTY OF BROWN Before the undersigned authority personally appeared,who on oath says that he or she is the Legal Advertising Representative of the Indian River Press Journal/St Lucie News Tribune/Stuart News, newspapers published in Indian River/St Lucie/Martin Counties,Florida;that the attached copy of advertisement,being a Legal Ad in the matter of Govt Public Notices,was published on the publicly RECEIVED accessible websites of Indian River/St Lucie/Martin Counties,Florida,or in a newspaper by print in the issues of,on: MAR 1 1 202k 03/03/2024 Indian River County Affiant further says that the website or newspaper complies Planning & Development Serviced with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me,by the legal clerk,who is personally known to me, •n 03/03/2024 /. ///i Legal Ci ,/�- Notary,State of I Conn of Brown — — My commission expires Publication Cost: $168.56 Order No: 9887441 #of Copies: Customer No: 1125971 0 PO#: LSAR0065907 THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. KAITLYN FELTY Notary Public , ' State of Wisconsin Page 1 of 2 2(p4 - 1 BEFORE THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY NOTICE OF INTENT - PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, will consider the adoption of a County ordinance of an Ad Valorem Tax Exemption. A public hearing at which parties in interest and citizens shall have an opportunity to be heard, will be held on Tuesday, March 19, 2024, at 9: 00 a.m. in the County Commission Chambers of the County Administration Building, Building A, located at 1801 27th Street, Vero Beach, Florida. The Public Hearing to consider adoption of a proposed ordinance entitled : AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW SECTION 1100.15 ( ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION GRANTED TO MOD UNITS, LLC ("BUSINESS") ) OF CHAPTER 1100 ( ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION) OF TITLE XI ( ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMP- TION ) OF THE CODE OF INDIAN RIVER COUNTY GRANTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO MOD UNITS, LLC; MAKING FINDINGS AND PROVIDING FOR SEVERABIL- ITY AND AN EFFECTIVE DATE. The proposed ordinance may be inspected by the public at the Planning and Development Services Department of the County Administration Build- ing A, located at 1801 27th Street, Vero Beach, Florida, between the hours of 8 :30 a.m. and 5:00 p.m. on weekdays. For more information, contact Chris Baiter at (772) 226-1243. Anyone who may wish to appeal any' decision that 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 is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act Coordinator at (772) 226-1223, at least 48 hours in advance of the meeting. Indian River County Board of County Commissioners By : -s- Susan Adams, Chairman March 3 2024 LSA R0065907 RC I■ �SUNDAY..p.fUY',YCrH 3,22�2.i YTIRYUSUSIWCOASiST KEWSSPAflRS". _ � ni • iiMCwmp. , , C " k "W.o,i ..4",• ,v. w.h' w.� M mg"L _ _ • "t»• «_, _ rn:e ,. ."" ... • +�..�+.4 :�. ..a. ....w.. « ° .....• ----g-=.:: ,.A .-M:n..` LA • '," .' ::mow hw . . _'n .. "7-- ..�• :.1 .g ; {° L Wim ,«....."..... 5,t;;;;- .Nc.1 240.s -`w^'"eY- •"..5".Af`lE.`• = -w•,.1--,= _17...,i1.d.", • . ...�.. 4..:,: o.,„.. F>,`.". """"' Ana: `il P. .<"`,".1.4: - a°°"""° ..".....«"".......�.. P . =;n="4." 'i;'u"'"r"IV:".. .........7.1%. 7"' e�i'P"r :s� .:."assxai m �..r Gam. 95:47 7. ee TM zw, : "�'"'41 ;..-._„.--_t:--,±=.; "",«w.. f 1 .*",S SEE. *If :- 7. _ 4:7_ t-.:..;:=..=..... 4"".. 4a* 4 02..▪ .E ".ate a.- .sL' r�",+ ,-._J....t fi"" """, -11 m......, , 49a/o of business'',';‘,-,;;4r11'` ill., F 1 want a marketin partner = ....., ~ _,,1.��,,�.. •`-�!�- „tto help them gr w t� - ` ; ^�' Y '� _� , ',2"1' ) ,,fir `p .. ' p,F, F ▪•• N r �'n24Z,,R to * 7 a f le 1Wbat 07...y.'ieally need 1 .,, is entire team. ...L:. tyipli:,c_'. rt' 1 ' ., .•- • . ', .,t,� roa 'a374.sf'.,ww`k!�`.�,L' 'i' ` 44,4,2'5.s<; ' ,T` . L APPLICANT R". 1►TFONs ..:. : George Robb 19td Juno Landing U North Pin Groh Flom Ae dt+ess Cfi ► zip Code Phe Number 361 4114948 GeorgeRobb@Yahoo.00m Tide Ned" Letter of authorization fi+om corporate oifim Napplicant is other than mpo ohm (m a.15 A ley, attK* to completed application) Business Unit's Fuel Employer Identification Number: _ 13-31`4 T 63 Business Unit's Unemployment Compensation Number >�etrnpl~ 'Much of the fallowing best describes this business: X New business to Indian .River County Q Existing business, in Indian River County Ming new jobs If an expansion, how many jobs are curmndy in -die business? i IL PROJECT SrM L 1►TI iz 56 1301' St Sebastian FL 32.8 Addresscoo Property Parcel Number 303,92100,00600500000 1.1 775613' St Sebastian FL 32958 PMpeM Parcel Number(s), Lzgal description and survey sketch of rW ptep ,r (a tlteh to completed ap ) Verified stateme* (separate letter) naming iudivhlual or entity ' legal or coiwde . 10 the teal to : a alfion 1801 27m S ee.4 VOW 40**F . 32960 F;i orwnp�ier ' > Ftl 1 Al AbatementiApplicauonlNew App1c*M*201Mw �6�11 •:RCviMe+f1S doe 265 i tbe T AiCS Code(s) for the business: Mote: NAICS Codes for business types can be found the %lam .id e: www.cettsusgovfepcd/vaics/ f Will the site be a dedicated headquarters'Miot Milo ,.4 r MONA, W intemational)'i. I las the. State of Florida ad valorem tax exaMpfim fob. been filed? (3ee Appeud rx l) ©fifes ONO If yes, please attach completed state form. $'T IV. JOB CATION VOf3Rh+ltA'i IO An 'ci ted member of new fWl-time Jobs that will be created by the business, in RI*w Com: Itemization and description of improvements to abatement is so t, including estimated value Q fire/ f1 ' 1/ 180127* Street, Vao Reach FL 32960.3 IC ommun►ty ik velopmcntlUsers\EDplanttrAlnccntives & Fundingl7t%AbiiMG 1 g1Applicauon\New Application - 2010TeC Abatement AppGcatt m - Rcvtsed 2015 doc 267 PLEAISE ]PINI) ATTACHED TM APPLICA I RM GURMaft UNDRYTHE COUNTY To the best of In kn le a information i t& -din this application is acctu[# e . 'Sliurl�IR+e of Corporatc-Officer or Authorized Representative e -S: Printed Name • bdbm River County Contact for Assistance Andrew Sobask, (Interim) Community Development Director 772.226-1253 anbczak@ircgov.com 1801 27s' Stinae:;, FL W 4 FACommtmity Devcicpmennt)sersl£DplwmrVncenttves & Fundu*tmpt l tIkAbatement\Application\Nkw Application - 2016\T&x Abatement Apphcwon - RcvosW 2015 doe 268 NUS+ M.OF N W`IFULL - CSA maximN *r P ts; .30 i. to -19 jobs {snan+t�dnr or 25 — 49 jobs (oaks factor) or 50 - 99 jobs (coqmm office) or 120 — 2'9 j (umufacturbW or 50 — 74 jobs fps hdw) 108 ,149 jobs (corpotfs oflioe) or 3, 30 — 49 jobs (manufaeww or 7S — 99 jobs (Saks factor) 150-194 jobs (corporate office) or 4, $0 or ram jobs (rumnufachuing) or 144 or mm jobe (mW factor) 20016===jobs ( office) or 1s i PROS HXCEUANM Msxhmn Number -of POW 20 2 a Total Points Yr. 1 Yr. 2 _ - Yr. 3 Yr. 4 Yr. S Yr. 6 Yr. 7 Yr. 8 Yr. 9 YIT 111. 1. 40-60 100% 10010/0 80% 600/o 40% 20% 1'0% 00/9 0% 00/0 2. 61-80 1008/0 1000/0 900/0 800/0 600/0 40% 20% 10% 0% 0% 3. 81 or more 100% 100% 100% 900/o 80% 70% W1* S0'/o 40% 30% F:\Community Development\Users\EDplumAlnconuves do Fuading\Tax Abatemcnts\2010 Tait Abatement\ApplicaaonWew Applicamn - 2 2016\1axabatemcntappscorcsheet -Revised 2015.doc 270 "I a 0 r� a Comprehensive Plan Economic Development Element OBJECTIVE 2: Diversified Economic Growth Between 2010 and 2020, Indian River County will increase the number of j obs in the county's new high wage target industries by 1,000. Policy 2.1: The County shall focus its industrial/business/technology/research expansion efforts on attracting and expanding clean, small-scale light manufacturing and assembly industries and those industries identified in County target industry studies, as applicable. Policy 2.2: The county shall encourage the expansion of existing industries and attraction of new industries that are within the target industries list (Policy 2.5) by offering the following county adopted economic development incentives and assistance: ➢ Local Jobs Grant Program; ➢ Traffic, Water, and Sewer Impact Fee Financing; ➢ Utility Deposit Waivers; ➢ Expedited permitting; ➢ Maintenance of sufficient infrastructure capacity (roads, water, sewer); ➢ Provision of Industrial Revenue Bonds; ➢ Provision of job training through Indian River State College; ➢ Provision of workforce training incentives from CareerSource Research Coast; ➢ Assistance with federal or state grant applications (such as Community Development Block Grants); ➢ State Qualified Target Industry Tax Refund Program; and Policy 2.3: The county planning division shall track the number of jobs in target industries annually and provide a report to the EDC. The report shall include, but not be limited to, the total number of jobs by NAICS target industry category, the average wage by each NAICS target industry category, the percent and numeric change from the prior year for both the total jobs and their average annual wages. Annual data shall be provided for multiple years. Policy 2.4: The Indian River County Chamber of Commerce and other economic development groups designated by the Board of County Commissioners shall provide assistance, as needed, to companies during the relocation process and report any actions taken to the Economic Development Council at their regular meetings. Policy 2.5: The county, in coordination with the Indian River County Chamber of Commerce, shall establish a list of target industries and evaluate this list periodically in order to reflect the current economic needs of the county as well as the actual marketing results. Below, is the list of the county's target industry clusters. For marketing purposes, the County, Indian River County Chamber of Commer3e, and other economic development agencies representing the County may use their Community Development Department Indian River County 44 272 Comprehensive Plan Economic Development Element resources to market to a much smaller list based research, and expert advice. Clean Energy industry including but not limited to: • Solar Energy • Biomass Energy/Biofuels • Fuel Cells and Hydrogen • Ocean Energy Life Sciences industry including but not limited to: • Biotechnology • Medical Device Manufacturing • Pharmaceuticals • Health Care Information Technology industry including but not limited to: • IT Products/Services • Software Development • Modeling/Simulation/Training • Photonics/Lasers/Optics • Microelectronics • Telecommunications Aviation/Aerospace industry including but not limited to: • Aviation • Avionics • Flight Schools Financial / Professional Services including but not limited to: • Corporate/Regional Headquarters • Research and Development Manufacturing/Warehouse/Distribution Emerging Technologies including but not limited to: • Materials Science • Nanotechnology • Marine Science Arts, Entertainment, Recreation including but not limited to: • Sports Facilities Community Development Department Indian River County 45 273 Comprehensive Plan Economic Development Element Film Locations Post Secondary Public and Private Educational Institutions Other clean light industries that have average annual wages that support an innovation economy. To be eligible for local economic incentives, an industry must meet the target industry criteria established by the state with a focus on those industries that export the majority of products and services outside of Indian River County (as opposed to strictly areas outside of Florida). Currently, the target industry criteria are listed in Section 288.106(1)(0), Florida Statutes. Policy 2.6: The County shall provide for the issuance of Industrial Development Bonds for new industries. Policy 2.7: The Economic Development Division of the Indian River County Chamber of Commerce and other economic development groups designated by the Board of County Commissioners shall assist in providing entrepreneurial and management expertise and a well-trained, skilled, and educated workforce to industries that are within the target industries list (Policy 2.5). Policy 2.8: The County, in cooperation with the Vero Beach Regional Airport, the Sebastian Municipal Airport, the Indian River County Chamber of Commerce and its Economic Development Division, shall actively market airport industrial lots and space and coordinate its marketing plans with the airport's marketing plans. Policy 2.9: The County, through the Indian River County Chamber of Commerce and its Economic Development Division, shall identify and increase investments needed to enhance a competitive advantage. Policy 2.10: The County, through the Indian River County Chamber of Commerce and its Economic Development Division, shall facilitate interactions between venture capitalists, lawyers, scientists, entrepreneurs, and financiers for new product development and new target industries within the county. Policy 2.11: The County shall request Federal and State agencies to expedite permit processing for target industries and to eliminate duplication and streamline permit processing. This shall include submission of letters and e-mails and phone calls to appropriate Federal and State agencies requesting expedited permitting and follow-up communications with these agencies. Policy 2.12: The County building division shall provide weekend inspection services at cost, based on employee availability and the commercial/industrial tenant's need. Policy 2.13: The County shall periodically re-evaluate its economic development incentives by Community Development Department Indian River County 46 274 INDIAN RIVER COUNTY AD VALOREM TAX ABATEMENT APPLICATION SCORING GUIDELINES Scoring Matrix NUMBER OF NEW FULL TIME JOBS CREATED Maximum Number of Points: 30 POINTS 1. 10 — 19 jobs (manufacturing) or 10 25 — 49 jobs (sales factor) or 50 — 99 jobs (corporate office) or 2. 20 — 29 jobs (manufacturing) or 18 50 — 74 jobs (sales factor) 100 — 149 jobs (corporate office) or 3. 30 — 49 jobs (manufacturing) or 25 75 — 99 jobs (sales factor) 150 — 199 jobs (corporate office) or 4. 50 or more jobs (manufacturing) or 30 100 or more jobs (sales factor) 200 or more jobs (corporate office) or LEVEL OF AVERAGE WAGES Maximum Number of Points: 30 POINTS 1. More than 75% but less than 100% county average wage 10 2. 100% or more but less than 115% county average wage 18 3. 115% or more but less than 150% county average wage 25 4. 150% or more 30 LEVEL OF LOCAL CAPITAL INVESTMENT Maximum Number of Points: 20 POINTS 1. More than $100,000 but less than $500,000 20 2. $500,000 or more but less than $1,000,000 20 3. $1,000,000 or more but less than $5,000,000 20 4. $5,000,000 or more 20 FXommunity Development\Users\EDplannr\lncentives & Funding\Tax Abatements\2010 Tax Abatement\Application\New Application - 1 2016\taxabatementappscoresheet - Revised 2015.doc 275 PROJECT EXCELLENCE Maximum Number of Points: 20 POINTS • Special project attributes that advance county economic development 0-20 goals, objectives, and policies Award Categories Abatement Percentage by Year Total Points Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Yr. 6 Yr. 7 Yr. 8 Yr. 9 Yr. 10 1. 40-60 100% 100% 80% 60% 40% 20% 10% 0% 0% 0% 2. 61-80 100% 100% 90% 80% 60% 40% 20% 10% 0% 0% 3. 81 or more 100% 100% 100% 90% 80% 70% 60% 50% 40% 30% FXommunity Development\Users\EDplannr\lncentives & Funding\Tax Abatements\2010 Tax Abatement\Application\New Application - 2 2016\taxabatementappscoresheet - Revised 2015.doc 276 p C N E S 4-4 U (-A Q Project Mod — Manufacturer Tax Abatement Application Economic Impact Analysis Prepared by Indian River County Chamber of Commerce Report to Indian River County Economic Development Council January 30, 2024 1 Attaditent 6 Project Mod has requested confidentiality, as per Section 288.075, Florida Statutes. As explained by the owner, the industry in which it involved is highly compet tive. Project Mod is a newly formed manufacturing firm currently based in North Palm Beach, operating under the owner's "umbrella" company. The owner and soli: officer is Mr. George Robb. The company purchased ten acres of industrial land in Sebastian, off Roseland Road, which includes a 35,000sf existing building. (The former Ford Wire & Cable Company building.) The company manufactures steel -enforced ready-made modular units to be used as components in the construction of affordable multi -family housing complexes. The units are 1100sf, with wiring and plumbing already installed and ready to connect to the main lines. The owner plans to market his product regionally and statewide, eventually expanding to the Southwest U.S. as production ramps up in the next few years. As a manufacturer, Project Mod is eligible to apply for the Indian River County Jobs Grant incentive and the County's Tax Abatement program. A Jobs Grant application was recently submitted to the County and will be reviewed by the EDC in the near future. Background As noted, Project Mod is a relatively new company, formed in 8/2023. However, the owner, George Robb, and his primary business, Robb Construction, has been operating for ten years. The existing building was retrofitted to accommodate an on-site watchman's quarter;; as well as the warehousing of raw material and finished goods. The owner is, constructing a second building on site, 40,000sf, for the production operatic ns. The City of Sebastian Planning & Zoning Commission recently approvE d site plans for the new building in a unanimous 6-0 decision. Capital Investment The tots l capital investment is $4 million, which includes $1.5 million in tangible property (tooling, hydraulics, robotics) and $2.5 million to construct a 40,000sf building, along with renovations to the existing structure. Employment Project Mod anticipates hiring 24 new employees when fully operational in its new fac lities, with annual salaries ranging from $55,000 to $100,000. The average wage of all new positions is $62,500, which calculates to approximately $1,500,000 in new paychecks circulating in our local economy each year. 279 Overall Impact: ➢ $2,175,000 increase in annual earnings, based on a 1.45 multiplier for the manufacturing industry Economic Impact Indian River County can expect to see positive spin-off from the new Economic Impact - Earnings and Taxes jobs created and capital investment made by the location of Project Mod. IMPLAN's $50,000 economic modeling platform assisted in calculating the $ economic impact components, based on the information provided by the employer. The newly created jobs and estimated capital expenditure will result in: • Initial impact of $1.5 million — estimated average annual wage multiplied by the number of anticipated new jobs • $225,000 direct impact on earnings (.15 multiplier) • $60,000 indirect impact (.04 multiplier) • $390,000 Induced (.26 multiplier) Effect on local job creation from adding 24 jobs: • Direct new jobs (.20 multiplier) = 4.8 • Indirect new jobs (.06 multiplier) = 1.44 • Induced new jobs (41 multiplier) = 9.84 • Total jobs creation = 40.08, including the 24 new hires Local Services and Vendors For a project such as this, payments and purchases applying to the basic operations of the business and property are added benefits to our local economy. Those local services include areas such as: • Banks and Professional Services, i.e. CPAs, attorney firms • Basic facility upkeep and maintenance such as janitorial and grounds/lawn maintenance • Purchases of maintenance and office supplies • Continued education and training 3 280 Conclusion The location of Project Mod into Indian River County and the City of Sebastian brings both tangible and intangible positive economic attributes that advance our county's goals of economic diversification, job creation and positive economic impact. The Tax Abatement incentive will freeze - but not reduce - the current taxes on real prop arty, with incremental increases anticipated for the City of Sebastian and Indian River County over the next 7-8 years. The Indian River County Chamber of Commerce supports the project and recommE�nds that EDC members consider all the positive contributions this project brings to Indian River County, and recommends approval to the Board of County Commissioners. Definitions Direct Impact - Direct effects from the initial spending, creating additional activity in the local economy. Indirect Impact - The impact of business -to -business transactions indirectly caused by the direct effects. Businesses initially benefiting from the direct effects will likely increase spending at other local businesses. Induced Impact - Induced effects are the results of increased personal income caused by the direct and indirect effects. Businesses experiencing increased revenue from the direct and indirect effects may subsequently increase payroll expenditures (by hiring more employees, increasing payroll hours, raising salaries, etc.). Households may, in turn, increase spending at local businesses. 4 281 ECONOMIC DEVELOPMENT AD VALOREM PROPERTY TAX EXEMPTION .199 R. 1 Chapter 196.1995, Florida Statutes 21/99 -_i 1 J be riled with lire Board of county Commissioners, the governing boards of the municipality, or both, no later then March 1 of the year the exemption Is desired to take effect. 1 18usiness name Mod Units LLC Mailing address 1914 Juno Landing (.n, NPB, FL 33408 2 Please give name end telephone number of owner or person in charge of this business. Name George Robb Telephone number !x(727908 3 Exact Location (Legal Description and Street Address) of Property for which this return Is tiled 7756 130th St Sebastian FL 32958 4 � ee you began, or will X101 /24 rn, business at this facility ption of the improvements to real property for which this exemption is requested Reil wNation of existing building and constriction of now 40,000sf building Date of commencement of 05/01 /24 construction of improvements 0 on of tits tangible personal property for which this exemption Is requested and date when property was, or is to be purchased APPRAISER'S USE ONLY Date of Taxpayer's Estimate of Class or Item Age Purchase Original Cost Cond' Fair Market Rent Cond' 4 hydraulic dynamic jigs 0 2021 $ good $ 500,000 tractor, 20 2021 $ good $ 10,000 $ Factory tooling 0 2021 $ good $ 100,000 $ Boom Lift, 10 2021 $ good $ 20,000 $ Welders 2 2021 $ good $ 61000 $ $ $ $ $ $ Average value of inventory on hand: 'Condition: good, avg (average), or poor Any additional personal property not listed above for which an exemption is claimed must be returned on form DR -405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7 Do you desire exrerttion as a ✓ new business or 0 expansion of an existing busine 9 Trade levels (check as many as apply) [:]Retail F] Wholesale QManufacturing ❑ Professional Servio Ej office ❑Other, specify: 8 Describe type or nature of your business manufacturing 1[j 10 Number of full-time employees to be employed in Florida (fan expansion of an existing business: Net Increase in employment 24 ° 1100 �O Increase in productive output resulting from this expansion ° �° 11 Sales factor for the facility requesting exemption: Total sates in Florida from this facility -one (1) location only 2,000,000 divided I by Total sales everywhere from this facility -one (1) location only 0 100 % 12 For office space owned and used by a corporation newly domiciled in Florida I Date of incorporatiM lin Florida Number of full-time employees at this location I hereby request the adoption of an ormnance granting an exemption rrom so valorem taxation on me Move properly pursuant to Section 1yb.199b, Honda Statutes. I agree to furnish such other reasonable information as the Board of County Commissioners, the governing authority of the municipality, or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and comple a to the best of my knowledge and belief. (if prepared by someone other than the taxpayer, his declaration is based on all Information of which he hal any k owledge.) i Date © Signature, preparer ' Preparers address Signature, taxpayer Titre ��jj�-y�,7 jPreparer's telephone number Property Appraiser's Use Only { Total revenue available to the county or municipality for the current Oscal year from ad valorem tax sources li Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section 1bl Estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption appqsd4. lit for were granted and the property for which the exemption is requested would otherwise have been subject to taxation 17VEstimate of the taxable value lost to the county or municipality if the exemption applied for was granted 17VImprovemen4fts to real property 3 f141110 ({F+ Personal property $ V I have detsrrr that the property listed above meets the definition, as defined by Section 196.012(i1�. (ft a Statutes, as a I Znew business[expansion of an existing business neither I VILast year for which exemption may be applied 03 1 Z'All/1�iK41►' Application to be filed not later than March 1 282 General Information Ad Valorem property tax exemptions can be grantod to now find expanding businesses only after Ilia voters of a city arid/or county vote in a referendum to allow that city or county to grant exeriptions . Section 196.1995, Florida Stalutos, mq(iiias flint it roferendum be held If: (1) The Board of County Commissioners or governing authority of a munici )ality (city or county commission) votes to hold such a reforondurn, or (2) If Ilia county or city commission receives a petition signed by ten percent of the rellistemd voters of the county or city. This reforendurn quesllon can Irian he planed hefore the voters of a city or county at any regular election or special elect Ion called for voting on the tnx Incentive rofarandum or for nny olhor purpose. If the voters authorize exe mptions, a company must first meet the definitions of a naw or expanding business as stated in s. 196.012 (15) and (16), F.S. The expansion must be on the same or a colocated site of Ilia business current operations. If a business meats one cf the above definitions as n new or expanding buslness, it must Ilton ilia thin application with the county or city cornmisslon or both. After the city or county commission receives this application, It must submit the application to the county property appraiser for review. After the property appraiser makes the report as o the fiscal impact of granting the exemption, the county or city commission shall Ilion adopt an ordinance in the usual manner - granting the exemption, if it chooses to do so. A business cannot receive axe onption from school taxes or water management district taxes. Also a business must pay taxes that were voted by the voters of a city or county to pay for bond k sues and other special tax levies authorized by the voters of a city or county. The exemption can only be for the Improvements to the real property and for tangible personal property. The land on which the new or expanding business is to be located will still be taxed arnf taxes must be paid on it. The action taken by a city or aunty commission can only exempt the taxes paid to that governmental body. A city can only exempt its taxes; a county can only exempt its taxes. All other taxes must be paid. Statutory Definitions Section 196.011 Annual appl(cation required for exemption .- 0 )(a) Every person or organization who, on January 1, has the legal title tc real or personal property, except inventory, wh'ch is entitled by law to exemption from taxation as 3 result of its ownership and use shall, on or before March 1 of each year, file an application for exemption with the county property appraiser, listing and describing the property for whish exemption is claimed and certifying its own( rship and use. The Department of Revenue shall prescribe the forms upon which the application is made. Failure to make application, when required, on or before March 1 of any year shall con:;titute a waiver of the exemption privilege for that year, except as provided in subsection (7) or subsection (8). Section 196.012(15) and (16), Florida Statutes (15) "New business" mears: (a)1. A business establish ng 10 or more jobs to employ 10 or more full-time employees in this state, which manufactures, processes, compounds, fabricates, or produces for sal,: items of tangible personal property at a fixed to motion and which comprises an industrial or manufacturing plant; 2. A business establishing 125 or more jabs to employ 25 or more full-time eriployees in this state, the sales factor of whist, as defined by s.220.15(5), for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.5 ) for each year the exemption is claimed; or 3. An office space in this -,,late owned and used by a corporation newly domiciled In this state; provided such office space hoises 50 or more full-time employees of such corporation; provided that such business or office fcrsi begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. (b) Any business located I i an enterprise zone that first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. (c) A new business that is situated on property annexed into a municipality and that, at the time of annexation, is receiving an economic development ad valorem tax exemption from the county under s. 196.1995. (16)'Expansion of an existiig business' means: (a)1. A business establishing 10 or more jobs to employ 10 or more full-time employees In this stats, which manufactures, processes, compounds, fabricates, or produces for Salo items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or 2. A business establlshing 25 or more jobs to employ 25 or more full-time employees in this stale, the sales factor of which, as defined by s. 220.15(5), for the facility with respect to which it requests an economic development ad valorem tax exemption Is less than 0.50 for each year the exemption is claimed; provided that such business increases operation on a site colocated with a commercial or industrial operation owned by the same business, resulting in a net Increase in employment of not less than 10 percent or an increase in productive output of not less than 10 percent. (b) Any business located in an enterprise zone that increases operations on a site colocated with a commercial or industrial operation owned by the same business. Section 196.1995 Economic development ad valorem tax exemption. - (6) With respect to a new business as defined by s. 196.012(15)(x), the municipality annexing the property on which the business is situated may grant an economic development ad valorem tax exemption under this section to that business for a period that will expire upon the expiration of the exemption granted by the county. If the county renews the exemption under subsection (7), the municipality may also extend its exemption. A municipal economic development ad valorem tax exemption granted under this subsection may not extend beyond the duration of the county exemption. Section 220.15(5), Florida Statutes. (5) The sales factor is a fraction the numerator of which is the total sales of the taxpayer in this state during the taxable year or period and the denom- inator of which Is the total sales of the taxpayer everywhere during the taxable year or period. (a) As used in this subsection, the term "sales" means all gross receipts of the taxpayer except interest, dividends, rents, royalties, and gross receipts from the sale, exchange, maturity, redemp- tion, or other disposition of securities. However: 1. Rental income is included in the term if a significant portion of the taxpayer's business consists of leasing or renting real or tangible personal property; and 2. Royalty income Is included in the term if a significant portion of the taxpayer's business consists of dealing in or with the production, exploration, or development of minerals. (b)1. Sales of tangible personal property occur in this state If the property is delivered or shipped to a purchaser within this state, regardless of the f.o.b. point, other conditions of the sale, or ultimate destination of the property, unless shipment Is made via a common or contract carrier. 2. When citrus fruit is delivered by a cooperative for a grower -member, by a grower - member to a cooperative, or by a grower - participant to a Florida processor, the sales factor for the growers for such citrus fruit delivered to such processor shall be the same as the sales factor for the most recent taxable year of that processor. That sales factor, expressed only as a percentage and not in terms of the dollar volume of sales, so as to protect the confidentiality of the sales of the processor, shall be furnished on the request of such a grower promptly after it has been determined for that taxable year. 3. Reimbursement of expenses under an agency contract between a cooperative, a grower - member of a cooperative, or a grower and a processor is not a sale within this state. (c) Sales of a financial organization, including, but not limited to, banking and savings institutions, investment companies, real estate investment trust, and brokerage companies, occur in this state if derived from: 1. Fees, commissions, or other compensation for financial services rendered within this state; 2. Gross profits from trading in stocks, bonds, c- other securities managed within this state; 3. Interest received within this state, other than interest from loans secured by mortgages, deeds of trust, or other liens upon real or tangible personal property located in this state, and dividends received within this state; 4. Interest charged to customers at places of business maintained within this state for carrying debit balances of margin accounts, without deduction of any costs Incurred in carrying such accounts; 5. Interest, fees, commissions, or other charges or gains from loans secured by mortgages, deeds of trust or other liens upon real or tangible personal property located In this state or from installment sate agreements originally executed by a taxpayer or the taxpayer's agent to sell real or tangible personal property located in this state; 6. Renis from real or tangible personal property located in this state; or 7. Any other gross Income, including other interest, resulting from the operation as a financial organization within this state. In computing the amounts under this paragraph, any amount received by a member of an affiliated group (determined under s. 1504(a) of the Internal Revenue code, but without reference to whether any such corporation is an "includable corporation" under s. 1504(b) of the Internal Revenue code) from another member of such group shall be included only to the extent such amount exceeds expenses of the recipient directly related thereto. 283 ❑ N a� it7 W O LO N Q1 r N O -1 O O -1 Q Ln LD O O .--i N LA ci ci N 0 LL,W W w w M Z O O W LLI Z Z Z > ..1 W Q t/} to N N O O O N ❑ LU W rn m a rn m Q Q LL V V 0 a W H:)ix W J d > a 0 r N 00 00 00 to 3 ❑ H Z E c a n c a c v a � v a Q LL O a .0 0 0 0 LLJ �+ a• �+ aJ H i W J Q Q > C C C C 0 U tn U V U LL OA 00 00 OO ❑ 0 C C C C LLA W "O '0 '0 Q J � C W C. d C_ C_ > O C C C C WN O O O O d U U U U O N Z C C C C r p O O O O N U tn U'J� U U N QW to L(1 n .-i m (' V Ln m m m N J O O O O M N O N ❑ 00 0) m N -4 N W O N m J H J J 00 V1 m CL 0 O v Ln O O C9 r a rn „' a N W r W M Z N W N (A H W W W Z Z O W W J > > W m W W N w OL l_1 ON :r 44t W N N > w O O ... Z m o g 1-1 M 1 M a N LU Q V N N N > Q ❑ ❑ ❑ Ow LU V) D w w w Z Z uj Z J Q w w H W J N W J N W J WJ Q Q Q Q LU L 0 0 0 WC 2 M .. Q d Z w ORDINANCE NO. 2024 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW SECTION 1100.16 (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION GRANTED TO MOD UNITS LLC. ("BUSINESS")) OF CHAPTER 1100 (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION) OF TITLE XI (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION) OF THE CODE OF INDIAN RIVER COUNTY GRANTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO MOD UNITS LLC.; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Title XI of the Code of Indian River County, entitled "Economic Development Ad Valorem -fax Exemption Ordinance," authorizes the Board of County Commissioners to grant economic development ad valorem tax exemptions ("Exemption") to certain new or expanding businesses aid WHEREAS, Section 196.1995(11), Florida Statutes, requires that any action of the Board granting an Exemption to a new or expanding business be set forth in an ordinance; and WHEREAS, the Board has determined that all prerequisites to the granting of an Exemption to Mod Units LLC. have been met, and the granting of such Exemption will promote and strengthen the local economy and thereby enhance the health, welfare, and general well- being of the citizens of Indian River County, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authori Section 3, Aiticle VII of the Florida Constitution and Section 196.1995, Florida Statutes, authorize the Board of County Commissioners to grant economic development ad valorem tax exemptions to certain new and expanding businesses upon a majority vote in favor of such authority in a referendum called for such purpose. In a referendum held on November 2, 2010, a majority of voters in Indian River County voted in favor of such authority, and Title XI of the Code of Indian River County, entitled "Economic Development Ad Valorem Tax Exemption," became effective; and on November 3, 2020, a majority of voters in Indian River County voted in favor of continuing such authority. Attachment 8 285 ORDINANCE NO. 2024 - Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct and hereby incorporates such clauses as findings of the Board. Additionally, the Board specifically finds that Mod Units LLC. meets the requirements of Section 196.012(15), Florida Statutes. Section 3. G•eation of Section 1100.16 of Chapter 1100 (Economic Development Ad Valorem Tax Exemptii)n. New language is indicated by underlining, and deleted language is indicated by stFikethFeug4. Section 1100.16 of Chapter 1100 (Economic Development Ad Valorem Tax Exemption) of the Code of Indian River County, Florida, is hereby created to read as follows: CHAPTER 1100. - ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Section 110C.16 Economic Development Ad Valorem Tax Exemption Granted to Mod Units LLC. ("Business") (1) An economic development ad valorem tax exemption is hereby granted to a Business who! a address is 7756 1301h Street, Sebastian, FL 32958. The exemption shall apply to its new tangible personal property related to its new business to be located at 7756 130th Street, Sebastian, FL 32958, described as Lots 15 through 16 of Section 30, LESS the Soutiwest 100 feet for road right-of-way, all recorded on plat showing subdivision of the Fleming Grant revised from the Carter Survey. Townships 30 and 31 South, Ranges 38 and 39 East, of Brevard and St. Lucie Counties, Florida, by A. A. Berry, July 6, 1913, said plat filed in Plat Book 2. PaEe 14. of the Public Records of St. Lucie Countv. Florida. Said land is now lying and being in Indian River County, Florida. This exemption shall apply to new tangible personal property described in the Business' Application for such exemption and real property. (2) The exemption shall be for a term of 8 years commencing with the first year the new improvements or new tangible personal property are added to the assessment roll. The amount of the exemption shall be a specified percentage of county ad valorem taxes for the 3eneral Fund, and Emergency Services District, which would otherwise be due with respect to the new improvements or new tangible personal property in the absence of the exemption. The approved exemption percentages are as follows: Attachment 8 286 ORDINANCE NO. 2024 - Year 1 (January 1, 2025 tax roll) .......100% Year 2 (January 1, 2026 tax roll) .......100% Year 3 (January 1, 2027 tax roll) .........90% Year 4 (January 1, 2028 tax roll) .......80% Year 5 (January 1, 2029 tax roll) .......60% Year 6 (January 1, 2030 tax roll) .......40% Year 7 (January 1, 2031 tax roll) .......20% Year 8 (January 1. 2032 tax roll) .......10% (3) On or before January 15' of each year, beginning in 2025, Mod Units LLC. shall submit to the County Planning and Development Services Department an annual report providing evidence of continued compliance with the definition of an expanding business and the India i River_County Ad Valorem Tax Abatement Application Scoring Guidelines used to set the exemption percentages set forth above for each of the eight years during which Mod Units LLC. is eligible to receive ad valorem tax exemption. If the annual report is not received, or if the annual report indicates Mod Units LLC. no longer meets the criteria of F.S. § 196.012(15). or no loneer meets the Indian River Countv Ad Valorem Tax Abatement Application Scoring Guidelines used to set the exemption percentages set forth above, the County Planning and Developing Services Director shall make a report to the Board of County Commissioners for consideration of revocation or reduction of the tax exemption awarded under this section. (4) The 1:otal amount of revenue lost to the County for the current fiscal year by virtue of economic development ad valorem tax exemptions currentiv in effect is 50. and the estimated revenue loss to the County for the current fiscal year attributable to the exemption granted in this section is $0. The estimated revenue loss to the County for fisca year 2025 is $23,602.40. (5) The exemption shall be subject to all provisions set forth in sections 1100.01 through 1100.13. Without limitation, the continuation of the exemption shall be contingent upon the Business' compliance with section 1100.10 relating to "Continuing Performance." (6) The Board finds explicitly that Business meets the requirements of section 196.012(15), Florida Statutes. Section 4. 'severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provision o' this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance Attachment 8 287 ORDINANCE NO. 2024 - may be charged to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 6. Effective Date. This ordinance shall become effective upon enactment by the Board of County Co nmissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 3rd day of March, 2024, for a public hearing to be held on the 19th day of March 2024, at which time it was moved for adoption by Commissioner ,seconded by CommissionE-r , and adopted by the following vote: Susan Adam!;, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Ea,man, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of March 2024 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Ryan L. Butler, Deputy Clerk of Circuit Court and Comptroller ATTEST: BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: William K. DeBraal, County Attorney Susan Adams, Chairman Attachment 8 288 ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION AGREEMENT THIS AGREEMENT is entered into as of the day of March 2024 by and between Indian River County, a political subdivision of the State of Florida ("County"), and Mod Units LLC., a Florida corporation ("Business") WHEREAS, County has adopted the Indian River County Economic Development Ad Valorem Tax Exemption Ordir ance ("Ordinance"), set forth in Title XI of the Indian River County Code ("Code"); and WHEREAS, County has adopted Ordinance No. 2024- ("Exemption Ordinance") granting an economic development ad valorem tax exemption ("Exemption") to Business; and WHEREAS, the Ordinance and the Exemption Ordinance both provide that the Exemption shall not be effectivE, until County and Business enter into this Economic Development Ad Valorem Tax Exemption Agreement ("Agreement") NOW, TIEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree, as follows: 1. Fecitals. The above recitals are true and correct and are incorporated herein. 2. Definitions. Unless otherwise stated, all capitalized terms herein shall have the meaning set forth in the Drdinance. 3. business' Representations, Covenants, and Warranties. At all times during the term of the Exemption, Business represents, covenants and warrants to County that: (a) all information submitted by Business in the Application is, and was at the time of submittal, true and correct, (b) all information submitted by Business in any annual report submitted pursuant to section 1100.10(b) of the Code will be, at the time of submittal, true and correct, (c) each representation previously made by Business to County's Board of County Commissioners in a public meeting was, and each representation made by Business to County's Board of County Commissioners in the future will be, at the time of such Page I of 5 Attachment 9 289 representation, true and correct, (d) Business will fully perform and remain in full compliance with all Exemption Requirements and all requirements of this Agreement, (e) without limitation, Business will establish and continue to provide all jobs required for Business to qualify as an New Business ("Jobs"), (f) without limitztion, the average wage paid by Business with respect to the Jobs during each calendar quarter will be equal to or greater than the average wage represented by Business in the Application, and (g) Business has not committed and will not commit any Violation of Law (each of subparagraphs (a) through (f), "Corn mitment"). 4. Annual Status Reports. On or before January 15th of each year, beginning in 2025 and ending in 2032, the Business shall submit a status report to the County Community Development Department. At a minimum, the status report shall include the name, address, and contact information of the current owner and the current operator of the facility to be located at 7756 130th Street, Sebastian, FL 32958, described as Lots 15 through 16 of Section 30, LESS the Southwest 100 feet for road right-of-way, al recorded on plat showing subdivision of the Fleming Grant revised from the Carter Survey. Townships 30 and 31 South, Ranges 38 and 39 East, of Brevard and St. Lucie Counties, Florida, by A. A. Berry, July 6, 1913, said plat filed in Plat Book 2, Page 14, of the Public Records of St. Lucie County, Florida Said land is now lying and being in Indian River County, Florida; a description of current facility operatic,ns, the current total number of facility employees, the current total and average wages of employees, and a description of any improvements made to the facility during the previous year, and additional information that County may need to evaluate the Business's performance. The status report shall be signed by the facility owner (or authorized representative) and by the facility operator, and each signature must be notarized. 5. Violation by Business of Commitment. In the event of a violation by Business of any Commitment, County may, in its sole discretion, (a) revoke the Exemption, effective immediately, (b) revoke the exemption, effective as of the date of violation of the Commitment. In such case County, the Property Appraiser, or the Tax Collector shall be entitled to recover all taxes not paid as a result of the Exemption (after the effective date of such revocation), plus interest, costs of collection, and attorney's fees, as set forth in section 1100.11(b) of the Code, (c) reduce the Exemption, with respect to either the amount (percentage) or term of the Exemption, or (d) pursue any other remedy available in law or in Page 2 of S Attachment 9 290 equity. Business shall immediately notify County in writing of any facts or events which constitute or may constitute a violation by Business of any Commitment. 6. Na Limitation of County's Rights. Nothing in this Agreement shall be construed as a restriction or limitation of the County's rights as set forth in general law or the Code, including the Ordinance and tie Exemption Ordinance. 7. County's Right of Inspection. At any time during the term of the Exemption, County shall have the right to inspect any of Business' books and records to determine Business' compliance with all Exemption Requirements and all requirements of this Agreement; provided, however, that nothing in this paragraph shall be interpreted as relieving Business of its obligation to notify County in writing of any facts or evE,nts which constitute or may constitute a violation by Business of any Commitment, as set forth in paragraph 4 above. 8. Public Records. Business acknowledges that any records made or received by County in connection with the Exemption are subject to the Public Records Act, Chapter 119, Florida Statutes. 9. 1= -Verify System. Business is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this Agreement, as required by Section 448.095, F.S. Business is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 10. Termination in Regards to Section 287.135, Florida Statutes. Business certifies that it and those related entities of Business as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to section 215.4725 Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this Agreement is for goods and services of one million dollars or more, Business certifies that it and those related entities of Business as defined by Florida law are not on the Scrutinized Ccmpanies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, and are not engaged in basiness operations in Cuba or Syria. The county may terminate this Agreement if the Business is found to be in violation of Section 287.135, Florida Statutes. Page 3 of S Attachment 9 291 11. Transfer of Property Subiect to Exemption. Business shall notify County of any transfer of real or personal property subject to the Exemption, within thirty (30) days of such transfer. 12. Form of Notice. Any notice hereunder shall be in writing and delivered by (a) certified mail, return rece pt requested, (b) overnight or priority mail, in a form providing proof of receipt, or (c) hand delivery, with a written acknowledgment of receipt by the recipient. 13. Interpretation. This Agreement has been submitted for equal review and scrutiny by both parties, and both parties agree that it fairly and accurately sets forth the terms of their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation without consideration or weight being given to the fact that it was initially prepared or drafted by any particular party. 14. Severability. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the remaining provisions shall remain in full force and effect. 15. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 16. Jurisdiction and Venue. Exclusive jurisdiction for any proceedings arising out of or relating to this Agreement shall be in the circuit court of the State of Florida. Venue shall be in Indian River County, FI arida. 17. Attorney's Fees, etc. In any legal proceedings arising out of or relating in any way to this Agreement, the prevailing party shall recoverfrom the non -prevailing party all fees, costs, and expenses, including, withc,ut limitation, reasonable attorney's fees at all trial, appellate, and collection levels. 18. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY WAIVES TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON -JURY TRIAL. Page 4 of S Attachment 9 292 19. Amendment. This Agreement may be amended or modified only by a subsequent written agreement signed by all parties and, with respect to the County, approved by the County's Board of County Commissioners. 20. Successors and Assigns. This Agreement shall be binding upon the parties and their successors and assigns. IN WITNESS WHEROF the parties hereto have executed this Agreement as of the date first written above. Mod Units LLC. A Florida Corporation 0 Print Name: Position: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Susan Adam, Chairman BCC Approved: Ryan L. Butler, Deputy Clerk of Circuit Court and Comptroller ATTEST: BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: William K. DeBraal, County Attorney Approved: John A Titkanich, Jr., County Administrator Page 5 o f S Attachment 9 293 03/19/2024 Item 10.A.2 2 q3 03/19/2024 Item 10.A.2 213- 2 03/19/2024 Item 10.A.2 2 '�1'1,1 - 3 IRC TAX ABATEMENT APPLICATION SCORING GUIDELINES NUMBER OF NEW FULL TIME JOBS CREATED Maximum Number of Points: 30 POINTS 1.10 — 19 jobs (manufacturing) or 25 — 49 jobs (sales factor) or 50 — 99 jobs (corporate office) or 3.30 — 49 jobs (manufacturing) or 25 75 — 99 jobs (sales factor) 150 — 199 jobs (corporate office) or 4.50 or more jobs (manufacturing) or 30 100 or more jobs (sales factor) 200 or more jobs (corporate office) or LEVEL OF AVERAGE WAGES Maximum Number of Points: 30 POINTS ore than 75% but', `s t amy.11,1verage wage 3.115% or more but less than 150% county average wage 4.150% or more LEVEL OF LOCAL CAPITAL INVESTMENT Maximum Number of Points: 20 POINTS 1.More than $100,000 but less than $500,000 20 2.$500,000 or more but less than $1,000,000 20 4.$5,000,000 or more 20 03/19/2024 Item 10.A.2 Number of New Full Time 20-29 or more lobs category Jobs Created 24 18 (manufacturing) 100% or more but less than 115% count Average Annum Wa $62,500.00 18 average_����' Level of Local Capital n Investment - Targible Property Level of Local CapitalBusiness will occupy an existing buildin Investment and have proposed a 40,000 s Expansion V ,500,000 NA expansion Between $1,000,000 and $5,000,000 f,TOTAL Capital i westmcnt $4,000,000 20 Local Capital Investment Manufacturing is one of the County' target industries. The business will support thE' production of modulaJe *' 20 out of 20 desperately needed for affordabl points 20 ) q3- 5 Abatement Percentage by Year Yr. I Yr. 2 'Yr. 3 Yr. 4 Yr. 5 Yr. 6 Yr. Yr. Yr. Yr. 10 Total Points 7 8 9 1. 40-60 100% 100% 80% 60% 40% 20% 0% 0% 0% 0% 0% 0% 3. 81 or 100% 100% 100% 90% 80% 70% 60% 50% 40% 30% more Tangible Personal Property Taxes Abated GF, ES Dist. At 5.9006 Mills Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Yew 7 Year 8 Tangible Personal Property Taxes Paid GF, ES Dist. At 5.9006 Mills Tangible Personal Property Taxes Paid Schools, Bonds, Other At 6.8801 Mills 03/19/2024 Item 10.A.2 Overall Impact: $2,175,000 increase in annual earnings, based on a 1.45 multiplier for the manufacturing industry ErontNrl &htpact Indian River County can expect to r See positive spin-off from the new. �.-GarnlnW and TO -00 jobs created and capital in iestment made:bylhe location of Project Mod. IMPLAN's economic modeling platform assisted #i Ilculating the economic impact components, q` based on the information provided by the employer. _ 4. The newly created jobs and estimated capital expenditure will result in: Initial impact of $1.5 million — estimated average annual wage multiplied by the number of anticipated new jobs $225,000 direct impact on earnings (.15 multiplier) $60,000 indirect impact (.04 multiplier) $390,000 Induced (.26 multiplier) Conclusion • N -loci t"; LLC. Tangible Personal Property and Building expansion q 11 it I I i le or County tax abatement • Staff's analysis indicates that the Mod Units LLC. tax abatement application scores in the = INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Sexual Assault Assistance Program, Siobhan McGoorty ADDRESS: 411 S 2nd Street Fort Pierce, FL 34950 PHONE: SUBJECT MATTER FOR DISCUSSION: Sexual Assault Awareness Month 772-223-4879 IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? 5�1 YES E:1 NO WHAT RESOLUTION ARE YOU Participation in Sexual Assault Awareness Month Da of Action REQUESTING OF THE COMMISSION? P Y ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ❑ YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS Wearing teal on April 2nd for survivors of sexual assault in Indian River County REQUEST? For IRC Staff only: Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone Requesting March 19th Meeting date as April is Sexual Assault Awareness Month INTERIM COUNTY ADMINISTRATOR: Michael Zito MEETING DATE: 294 The 19th Judicial Circuit 9exual Anault ReRponge'' Presents Survivor Empowerment Walk Sexual Assault Awareness Starts in the Community. PLEASE JOIN US IN SHOWING SUPPORT FOR SURVIVORS OF SEXUAL ASSAULT IN YOUR COUNTY! Martin I St. Lucie I Indian River I Okeechobee Date: April 12th 2024 Time: 6:OOPM-8:OOPM Locations: TBA Sexual ARRault Awareness Month Theme: Building Connected Communities '1A Administrator's Matters March 19, 2024 �V ER , ash °cam Office of the z INDIAN RIVER COUNTY ADMINISTRATOR John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: John A. Titkanich, Jr., County Administrator DATE: March 13, 2024 SUBJECT: IRC Strategic Plan Formulation Background & Discussion During the last quarter of 2023 the senior leadership team, the Board, and employees identified goals which will be used to evaluate budget decisions during the upcoming budget process. The next logical step is to build on this highly successful exercise and develop a comprehensive Five-year Strategic Plan addressing key capital projects and service delivery systems that will enhance the success of the County operational team moving forward. The goal setting process helped clarify the major themes for the County's mission and values, and the goals of the organization. The goals will serve as the foundation for determining specific, practical, and measurable, objectives to strive toward during the next two, three, and five years. Dr. Joseph Saviak and Dr. Richard Levey, successfully guided the senior leadership team and the Board through phase one of the process, goal setting, and they have a proven track record facilitating strategic planning with local governments and non-governmental organizations throughout Florida. Staff Recommendation Based on the extensive experience that consultants Dr. Saviak and Dr. Levey bring to the process, and to provide consistency, it is recommended the requirement for bids be waived, and that the attached formal proposal to facilitate the design, implementation, and evaluation of Strategic Planning development, be accepted at the proposed rate of $45,000 plus normal expenses associated with travel as outlined in the document. Funding: Funding for this expenditure is available in General Fund/County Administrator/Other Professional Services, Acct # 00120112-033190 Attachment: Proposal from Dr. Joe Saviak and Dr. Richard Levey to County Administrator John Titkanich delineating tasks and associated costs for the development of an Indian River County Government Strategic Plan. 295 MEMO JOSE PH C SAVIAK, PH. D. 5010 SHORE DRIVE, ST AUGUSTINE, FL 32086 Joe@DrJoeSaviak.com 904.599.5678 TO: Mr. John Titkanich, County Administrator FROM: Dr. Joe Saviak and Dr. Richard Levey DATE: March 6, 2024 SUBJECT: Strategic Plan for Indian River County Government We are pleased to submit this proposal to provide for the development of a strategic plan for Indian River County. We view this assignment as a logical extension of the initial engagement where we assisted the County in developing its Mission, Values, and Goals. The next logical step in the Strategic Planning process is to build the Plan around the prior established Goals. Overview To optimize opportunities for the long-term success of Indian River County, the county government will conduct a strategic planning process to produce a five-year plan and ensure successful implementation and effective evaluation. Strategic plans ask and answer this question: given our mission, strengths,: weaknesses, opportunities, threats, stakeholders, history, capacity, and resources, what should our objectives be, and which strategies can we design and implement to achieve them? The strategic plan will enable all operations and activities of Indian River County Government to attain important, specific, and measurable objectives during the next two, three, and five years. The strategic planning process includes a SWOT and historical analysis, community research, determination of organizational capacity, identification of objectives, development of action plans for each objective, identification of means of evaluation for achievement of each objective and to set a schedule for implementation. Quarterly progress reports on each objective would aid in achievement of SMART objectives (specific, measurable, actionable, realistic, and time -bound). The SWOT and historical analysis, and community research were conducted during our first engagement. This is a specifically sequenced multi -stage process involving an orientation, face to face interaction with the County staff, a workshop, plan development, review, and approval, implementation, and evaluation. This team ensures the success of Indian . River County Government at all stages. Indian River County Government has successfully defined its mission, values, and goals. The focus for this strategic plan is objectives which could involve capital projects, programs/services/policies, and enhancing institutional capacity. Objectives will be SMART (specific, measurable, actionable, realistic, and time -bound). For example, increase citizen satisfaction with county government in an annual survey by 10% within 12 months. 1 296 Our Proposed Approach The County desires a comprehensive strategic plan that addresses the key capital projects and service delivery systems to implement the pre -established Goals of the Board of County Commissioners. This plan will link the strategic direction of the County with the practical and operational systems required to implement the Goals. I. Kickoff Meeting with County Administrator and key leadership team a. At this meeting, the consulting team will discuss the best overall approach for Indian River County. This discussion will focus on whether the County is best suited to develop the Strategic Plan along each business unit/department, or a cross -department team approach. The pros and cons of each approach will be analyzed to determine which model best suits the existing environment. Other items to be established include: i. Clarifying the County Administrator's expectations of the assignment ii. Any needed clarification or modification to the scope and schedule iii. Identifying an internal Project Manager with whom the consulting team will coordinate all activities II. If needed, a two-hour orientation for key participants in strategic planning. This enables participants to come prepared to the interviews with their specific ideas for the objectives for the strategic plan. III. Interviews with the County Administrator, Assistant County Administrator, Deputy County Administrator, and Department Directors to identify plan objectives. IV. Draft plan production, review, revisions, and approval. Available to aid in and during successful implementation. The entire plan production process could be from March through July 2024. The Strategic Plan would generally adhere to the following format: a. SWOT — completed b. Vision for the Future c. Mission — completed d. Values (IRC SPT Working Group) e. Goals (several broad categories/long-term purposes from goal setting process) f. Objectives g. Strategies h. Tactics i. Responsible Parties/Roles j. Measures/Key Performance Indicators The Team Dr. Joe Saviak and Dr. Richard Levey bring extensive experience and proven success in facilitating goal setting/strategic planning with local governments and non-governmental organizations throughout Florida. They bring a unique combination of several decades of experience in local government in Florida along with regularly teaching goal setting and strategic planning to thousands of local government executives and professionals across Florida both in the classroom and at professional conferences. 2 297 Both Dr. Levey and Dr. Saviak regularly advise and assist local governments on a wide range of policy, administrative, operational, planning, and capital project issues. Our bios are attached. Our professional websites can be accessed at: https://www.leveyconsulting_com/ and httrs://drjoesaviak.com/ In 2023, they aided Indian River Government in selecting a Mission, Goals, and Values for county government to best serve citizens. Deliverables would include: ✓ Conduct a strategic planning orientation for key participants ✓ BOCC Workshop on Draft Strategic Plan ✓ Community Strategic Plan Presentation (In -Person and Virtual) ✓ Draft Strategic Plan The strategic plan would include the synthesis of the research, all objectives, and summary implementation plans for objectives over the next five years (Dr. Levey and Dr. Saviak). Depending on the specific objective, staff may produce more detailed implementation plans. ✓ Continued advice and assistance during plan implementation and evaluation. Schedule We would propose the following general schedule, which could be modified based on the initial meeting with the County Administrator: ✓ Kickoff meeting with County Administrator and key leadership team members — April 2024 ✓ Strategic Planning Orientation Workshop for key participants — May 2024 ✓ Meetings with Department Heads to establish Objectives, Strategies, and Tactics for each of the Goals established by the County Commission for production of draft plan. This step will involve ongoing interaction with Department Heads as the plan is crafted and refined — June/July 2024 ✓ Draft Strategic Plan Delivery to County Administrator — August 2024 ✓ BOCC Workshop on Draft Strategic Plan — August/September 2024 ✓ Community Strategic Plan Presentation — September/October 2024 ✓ Final Strategic Plan — November 2024 Resources Required The consulting cost for Dr. Saviak and Dr. Levey to facilitate the design of this process and plan and aid during its successful implementation and evaluation would be $45,000 plus normal expenses associated with travel (mileage, hotel, etc.). Indian River County Government is responsible for organizing the strategic planning workshop, supplying needed research, and actual implementation and resourcing of the plan. Dr. Saviak and Dr. Levey have enabled other organizations to experience significant success through this process and regularly teach this subject to executives and professionals 298 /a 01 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Ryan Sweeney, Assistant Planning & Development Services Director DATE: March 7, 2024 SUBJECT: Updated Liberty Park Conceptual Planned Development Plan It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 19, 2024. BACKGROUND: At its regular meeting of October 14, 2008, the Board of County Commissioners (BCC) granted Planned Development Traditional Neighborhood Design (PDTND) rezoning and conceptual PD plan approval for Liberty Park. Since that original approval by the BCC, staff has approved several minor modifications to the project's overall conceptual PD plan via the administrative approval (AA) process, which does not require Planning and Zoning Commission (PZC) or BCC approval (i.e. approved at the staff level). On April 20, 2021, the BCC entered into a Developer's Agreement with the developer to identify certain County and/or developer responsibilities related to right-of- way (ROW) dedications, drainage improvements, and roadway construction. On October 22, 2021, representatives from a different development project (Lakeside East PD and Lakeside West PD) submitted a petition to establish the Lakeside at Indian River Community Development District (CDD). That petition was ultimately withdrawn by the applicant during a public hearing at the BCC's regular December 7, 2021 meeting. However, in response to that petition, the BCC directed staff to prepare a set of CDD "guidelines" for the BCC to utilize when considering any future petitions to establish a CDD within the County. On June 7, 2022, the BCC adopted a set of CDD guidelines. Subsequently, Liberty Park representatives filed a petition to establish the LP CDD. On October 18, 2022, the BCC approved the LP CDD to be the first CDD approved within the County. The LP CDD was approved based on the adopted CDD guidelines and the previously approved Liberty Park conceptual PD plan (see attachment 1). On March 29, 2023, Liberty Park representatives filed an AA application to make additional changes the project's overall conceptual PD plan, due to market demand and other underlying factors (see attachment 2). Therefore, staff is presenting the project's updated conceptual PD plan back to the BCC to reaffirm its consistency with the BCC's adopted CDD guidelines. ANALYSIS: Pagel of 2 299 The Liberty Park development project was approved as a planned development traditional neighborhood design (PDTND), which includes a mixture of residential, commercial, civic, and open space areas/uses. As part of the PDTND review and approval process, the developer and staff negotiated specific project design waivers (e.g. reduced setbacks, increased lot coverage, decreased ROW widths, etc.), and those waivers are offset by the project's required public benefits (e.g. the public school site, public park sites, off-site conservation areas, etc.). It should be noted that the applicant is not requesting to change any of the project's design waivers, required public benefits, or other previous conditions of approval via the updated conceptual PD plan. It should also be noted that all PDTND projects are subject to the PDTND criteria established in Section 915.21 of the County Land Development Regulations (LDRs). Staff has reviewed the updated conceptual PD plan and confirms that the plan still meets all of the PDTND criteria outlined in 915.21. The updated conceptual PD plan includes several key changes including a reduction in the variety of residential building types (the current plan includes 11 residential building products and the developer is now proposing 5 residential building products); reductions in lot dimensions (the larger lot dimensions currently are 70'x 120', 90'x 120', and 90'x 150' and the largest lot now proposed is 60' x 120'); reduced interconnectivity (especially west of "70th Avenue"); replacement of most vehicular alleys with "pedestrian alleys"; and an increase in the stormwater pond size / reduction in land area within the County -dedicated Ryall Park tract. Additionally, there is reduction in neighborhood "pocket -parks" in the western part of the development, and there are two smaller parks proposed west of the future extension of 74th Avenue, which no longer functionally connects to the southwest portion of the proposed development. However, staff will note the proposed plan provides connection of 64th Avenue to 81St street on the eastern side of the development. Most of the commercial/town center area and recreation/civic areas east of 70th Avenue remains generally unchanged. Staff finds the updated conceptual PD plan to be different, specifically the portion west of 70th Avenue, but generally consistent with the BCC's adopted guidelines. Thus, staff is presenting the updated plan to the BCC to review and determine its consistency with the BCC's adopted CDD guidelines. Lastly, on October 18, 2023, the BCC approved the first addendum to the project's Developer's Agreement to accelerate certain project requirements in favor of the County (e.g. ROW dedications, the County stormwater pond/Ryall Park parcel, the fire station parcel). The updated conceptual PD plan is consistent with those changes and will trigger certain project requirements upon approval of the subject AA application. RECOMMENDATION: Staff recommends that the Board of County Commissioners review the updated Liberty Park conceptual PD plan and determine its consistency with the BCC's adopted CDD guidelines. ATTACHMENTS: 1. Previously Approved Conceptual PD Plan 2. Updated Conceptual PD Plan Page 2 of 2 300 1p tax SdkW MH HE 301 cm LU 01-1 all z wol uj 1p tax SdkW MH HE 301 NAZI EMU Mono tit lilt 302 a I B 11-1-1 Jill ..e --- g c 0 0 o -1 LL Rpm... U. Z 0 w LU ru uj U) pww ky wit 1 9 NAZI EMU Mono tit lilt 302 3/19/2024 ITem 12.H.1. Updated Liberty Park Conceptual Planned Development (PD) Plan 3/19/2024 Item 12.H.1. Board of County Commissioners March 19, 2024 Background • 10-14-2008: Original PDTND rezoning and conceptual PD plan approved • Several minor modifications approved by staff via the AA process • 4-20-2021: Developer's Agreement approved by the BCC • 12-7-2021: Petition for a Community Development District (CDD) for a different project (Lakeside at Indian River CDD) withdrawn by applicant during a public hearing by the BCC • 6-7-2022: BCC adopted CDD approval guidelines • 10-18-2022: BCC approved the LP CDD • 3-29-2023: Liberty Park applicant files an AA to update the conceptual PD plan layout 3/19/2024 Item 12.H.1. 2 3D2 - 1 3/19/2024 ITem 12.H.1. CDD Guidelines 1) The real estate project must be 500 acres or more in size. 2) The real estate project must provide a street network which meets the following minimum standards: A. Be consistent with the existing Traditional Neighborhood Design (TND) standards per Section 915.21; or B. Be designed in a traditional or modified grid -pattern where cul-de-sacs, loop roads, and dead-end streets are discouraged, and connectivity exists with neighboring developments. Road intersections are encouraged to have 4 -way directionality; and C. No more than 10 percent of blocks shall have a block with a perimeter measuring 1,800 feet or more. Within commercial and mixed use areas, no block face dimension shall exceed 400 feet. Blocks may be defined 311(ivi "ea-Y.by streets and major pedestrian paths; and 4 302_- 2 CDD Guidelines (continued) D. Have at least one, connected, non-motorized facility, such as buffered bike lanes (7 feet minimum width), or shared-use path (12 ft minimum width), that connects a centralized feature, such as a park or commercial node, to a neighboring development. 3) Open space within the real estate project must be at least 10% greater than what is required per the County's Land Development Regulations. 4) Provision of a significant public benefit enjoyed by the general public beyond enhanced amenities and landscaping that will be enjoyed by the future property owners within the real estate project. 5) The real estate project must also contain at least one of the following attributes: A. Significant public infrastructure beyond improvements required through the development review process; or B.-Use real estate project; or 3/]9 20_4 Item 12,11.1. C. Traditional neighborhood development. > 3 3/1912024. ITem IIIA. Staff Recommendation ➢ That the BCC review the updated Liberty Park conceptual PD plan and determine its consistency with the BCC's adopted CDD guidelines 3/19/2024 Item 12.H.1. �� 4 Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: February 27, 2024 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Howard G. Richards, P.E., Manager - Capital Projects Subject: Indian River County Department of Utility Services One Water Pilot Project Application for Funding from St Johns River Water Management District Cost -Share Program, Water Research Foundation Tailored Collaboration Program, and Other Funding/Grants Background: Indian River County Department of Utility Services (IRCDUS) maintains three wastewater treatment facilities (WWTFs) in the county's South, West, and Central regions. Each facility satisfies the Florida Department of Environmental Protection's (FDEP) standards for advanced wastewater treatment (AWT) which produces reclaimed water that can be used for reuse purposes such as golf course irrigation. IRCDUS recently completed a Reuse Master Plan that concluded that alternative disposal options during peak flows will need to be determined. Indirect potable reuse (IPR) and direct potable reuse (DPR) are viable solutions for IRCDUS due to the increasing stringency of regulations for surface disposal and the need for additional or new water sources to meet rising demand for drinking water production. IPR and DPR are augmentation of a drinking water source (surface water or groundwater) with reclaimed water that is followed by an environmental buffer (indirect) or not followed by an environmental buffer (direct) based on the treatment technology and process. In response to the growth of Indian River County and increasing water quality requirements and restrictions on water consumption, IRCDUS has reviewed alternative methods of meeting these needs. Based on meeting the need for additional disposal option for reclaimed water while meeting the need for new water sources, IRCDUS wishes to undertake the One Water Pilot (OWP) Project, to examine the feasibility of IPR and DPR as an effective means of disposing treated wastewater effluent and/or boosting the water supply. The OWP Project will commence with a feasibility study to evaluate the various technologies available (e.g., ozone, advanced oxidation processes, reverse osmosis, and critical water oxidation) and identify the most feasible option for implementation of IPR/DPR in Indian River County. Following the study, the pilot program will be conducted that will include the setup, operation, and testing of a temporary, small-scale IPR/DPR system at the West Regional WWTF for approximately eighteen (18) months. At project conclusion, it will be determined if IPR/DPR is a viable option for full-scale implementation within the IRCDUS water and wastewater system. 303 Departmental Item Analysis: The total cost for the OWP Project is estimated at $2,544,700.00, broken down as follows: Project Phase Amount Phase 1— Feasibility Study $ 248,800.00 Phase 2 — Piloting $ 2,295,900.00 Total $ 2,544,700.00 The Indian River County's 2023 Capital Improvements Element (CIE) includes funds for the OWP Project (identified as "One Water Direct Potable Reuse Pilot" in the CIE) in the amounts of $500,000.00 for FY 2024/25 and $1,500,000.00 for FY 2025/26, for a total of $2,000,000, which aligns with the schedule for the OWP Project implementation. To cover the additional cost estimate of $544,700.00 while seeking opportunities to offset the County's costs, IRCDUS is actively seeking grants with funding requirements that align with the OWP Project objectives. Thus far, IRCDUS has identified two (2) grants: St Johns River Water Management District (SJRWMD) "Cost -Share Program" and Water Research Foundation (WRF) "Tailored Collaboration Program". Both programs are geared towards innovative technologies that drive water conservation and have up to a fifty percent (50%) match. Any amount of funding awarded by any grant/funding program may require an equal amount or more of IRCDUS funds. For example, based on the estimated cost of $2,544,700.00 for the OWP Project and a 50% match, the lowest anticipated IRCDUS funding amount would be $1,272,350.00, which may vary subject to the grantors' award limits at the time of award. Should IRCDUS be successful in receiving any funding award for the OWP Project, a separate agenda item will be brought to the Board of County Commissioners at a future date with the funding plan and appropriate approval requests. Both the SJRWMD Cost -Share and WRF Tailored Collaboration programs are currently accepting applications with submission deadlines of February 16, 2024, and June 3, 2024, respectively. To meet the already expired SJRWMD Cost -Share application, IRCDUS completed the online application and requested it to be placed on hold by the SJRWMD Cost -Share Project Manager pending confirmation from IRCDUS to proceed with final submission. An application for the WRF Tailored Collaboration Program has not yet been submitted. Funding: No funding is required for this item. Recommendation: Staff recommends that the Indian River County Board of County Commissioners approve the Department of Utility Services to proceed with submitting applications for the St Johns River Water Management District Cost -Share Program and Water Research Foundation Tailored Collaboration Program forthe One Water Pilot Project, and further to submit additional applications for other appropriate funding or grants that may be identified, and to authorize the County Administrator or designee to sign the application forms on its behalf. If any awards are received, separate agenda items will be brought to the Board of County Commissioners at future dates outlining agreement terms, funding, and to request appropriate actions. 304 Office Of Attorney's Matters 03/19/2024 INDIAN RIVER COUNTY ATTORNEY William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Susan Prado, Deputy County Attorney DATE: February 27, 2024 SUBJECT: Demolition Lien Reduction — 43 Highlands Dr SW, Vero Beach, FL 32962 On August 25, 2014, Indian River County recorded a lien for the costs of a demolition at 43 Highlands Dr SW, Vero Beach, FL 32962 (the "Property") for $6,538.54. That lien accrued interest at an interest rate of 5.75% per annum. As of February 27, 2024, the costs of the demolition and interest were $10,814.45. The new property owner contacted the County Attorney's office on or about February 26, 2024, to ask about a lien reduction. Consistent with recent practice, the County Attorney's Office recommends that the Indian River County Board of county Commissioners waive 90% of the accrued interest, so long as the lien and 10% of the outstanding interest for a total of $6,966.13 is paid within 60 days and that once paid, the Board authorizes the Chairman to execute a release of lien. Funding: Lien proceeds will be deposited into MSTU fund/Building Demolition Liens Revenue account number 004038-369092. The costs of recording the release of the lien will be borne by the property owner, Robin Boodhoo. Recommendation: The County Attorney's Office recommends that the Indian River County Board of County Commissioners waive 90% of the accrued interest, so long as the lien and 10% of the outstanding interest for a total of $6,966.13 is paid within 60 days and that once paid, the Board authorizes the Chairman to execute a release of the lien. Attachments: Demolition Lien recorded at O.R. Book 2783, Page 1077. Deed to 43 Highland's Dr. SW, Vero Beach, FL 32962 305 31201400.39978 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2783 PG: 1077, 8/25/2014 11:58 AM This document was prepared by and should be returned to: Indian River County Attomey's Office 1801 27" Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the 19 day of August , 2014, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: Lot 4, Block 5, VERO HIGHLANDS, UNIT 1, according to the Plat thereof, as recorded in Plat Book 5, at Page 29, of the Public Records of Indian River County, Florida. Parcel No. 33-40-31-00003-0050-00004.0 The name of the record owners of the above-described property are: Earl R. Thomas and Betty Thomas, his wife THIS LIEN is filed against the real property to secure the payment of Six Thousand Five Hundred Thirty -Eight and 54/100 Dollars ($6,538.54), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five and three-quarters percent (5.75%) per annum, until the total amount, including interest, has been paid. INDIAMIV COUNT, FLORIDA �.• \o��Eas r' By: Peter D. O'Bryan, Chair an iy Board of County Commissioner9!�. o j ATTEST: Jeffrey R. S h, Cler of ��.i • • 4: Circ it d roller BCC approved: August 19, 2�'•^ • N��� By:, APPROV AS TO F R eputy Clerk AN L SU IC STATE OF FLORIDA _ COUNTY OF INDIAN RIVER B — WILLIAM :. DEBRAAI DEPUTY COUNTY ATTORNEY The foregoing instrument was acknowledged before me this JPf k" day of NUSS , 2014, by Peter D. O'Bryan, Chairman of the Board of County Corfimissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: TERRI caly USTET, EX COMMISSION i EE 01201: J� Q ` EXPIRES: October 30, 20 Signature: "S�'FoFft�d 1h„gudgetl+c+.Kr"^'" Printed name: IP,rr l 1 l Commission No.: L.=C p 1a4g-7 SEAL: Commission Expiration: 0Cfipbe r 3D/ A0 I 306 3120190069735 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3258 PG: 156,11/27/2019 3:16 PM D DOCTAX PD S30.80 Tax Deed File No. 2019-0026TD Property Identification No. 33403100003005000004.0 TAX DEED State of Florida County Of Indian River The following Tax Sale Certificate Numbered 2012-3777 issued on 05/31/2012 was filed in the office of the Tax Collector of this County and application made for the issuance of a tax deed, the applicant having paid or redeemed all other taxes or tax sale certificates on the land described as required by law to be paid or redeemed, and the costs and expenses of this sale, and due notice of sale having been published as required by law, and no person entitled to do so having appeared to redeem said land; such land was sold on the 26th day of November, 2019, offered for sale as required by law for cash to the highest bidder and was sold to: ROBIN BOODHOO ADDRESS: 2 EVE COURT BRADFORD, ONTARIO. L3Z 3H6 being the highest bidder and having paid the sum of his bid as required by the Laws of Florida. NOW, on the 26th day of November, 2019, in the County of Indian River, State of Florida, in consideration of the sum of $4,400.00 ( Four thousand four hundred dollars only) being the amount paid pursuant to the Laws of Florida does hereby sell the following lands, including any hereditaments, buildings, fixtures and improvements of any kind and description, situated in the County and State aforesaid and described as follows: VERO BEACH HIGHLANDS SUB UNIT 1 BILK 5 LOT4 PBI 5-29 Original Owners of Record: EARL R THOMAS, BETTY THOMAS Witness: SUSAN LEWIS �e VONNE WASHABA H Ste of Florida ounty Of Indian River JEFFREY R. SMITH, CLERK OF CIRCUIT COURT BY: BRANDON YOUNG Deputy Clerk Indian River, Florida ��R COUri�� On the 27th day of November 2019, before me personally appeared BRANDON YOUNG, Deputy Clerk for Clerk of the Circuit Court in and for the State and this County known to me to be the person described in, and who executed the foregoing instrument, and acknowledged the execution of this instrument to be her own free act and deed for the use and purposes therein mentioned, who is personally known to me and who did not take an oath. Witness my hand and official seal date aforesaid. Prepared by: BRANDON YOUNG Notary Public State of Plorida IRENE HAAS Notary Name Typed / Printed , Deputy Clerk, P.O. Box 1028, Vero Beach, FL 32961 307 H,: IRENE N HAAS Notary Public - State of Florida •" Commission A GG 101283 ' + v"; ` My Comm. Expires May 3, 2021 '����»`::g'` Bonded lfrcough Notary Prepared by: BRANDON YOUNG Notary Public State of Plorida IRENE HAAS Notary Name Typed / Printed , Deputy Clerk, P.O. Box 1028, Vero Beach, FL 32961 307 BK: 3258 PG: 157 Jeffrey R. Smith Indian River County Clerk of the Circuit Court and Comptroller 2000 16th Avenue Vero Beach, FL 32960 (772) 770-5185 CERTIFICATE OF MAILING FILE NUMBER .................. 2019-0026TD TAX CERTIFICATE NO..... 2012-3777 ISSUED ON ...................... 05/31/2012 CERTIFICATE HOLDER ... BARONSTAR ENTERTAINMENT SALE DATE ...................... November 26, 2019 11:00 AM I HEREBY CERTIFY THAT I HAVE MAILED BY CERTIFIED AND/OR REGISTERED MAIL, A COPY OF THE FOREGONG NOTICE TO EACH OF THE FOLLOWING AT THE ADDRESS STATED ON THE 24th DAY OF OCTOBER, 2019. EARL R THOMAS, 43 HIGHLAND DR SW, VERO BEACH, FL 32962 BETTY THOMAS, 43 HIGHLAND DR SW, VERO BEACH, FL 32962 ROBERT FRANK, NO ADDRESS ON TC CERT. JULIA ANN KLANT, NO ADDRESS ON TC CERT. EARL R THOMAS, 43 S.W. 20TH PLACE, VERO BEACH, FL BETTY THOMAS, 43 S.W. 20TH PLACE, VERO BEACH, FL COMMUNITY DEVELOPMENT DEPT. CODE ENF., 1801 27TH STREET, VERO BEACH, FL 32960 INDIAN RIVER COUNTY ATTORNEY'S OFFICE, 1801 27TH STREET, VERO BEACH, FL 32960 INDIAN RIVER COUNTY DEPT. OF UTILITIES SERVICES, 1801 27TH STREET, VERO BEACH, FL 32960 EARL R THOMAS, C/O BETTY THOMAS, 507 E 4TH ST, WAVERLY, OH 45690-1229 BETTY THOMAS, C/O BETTY THOMAS, 507 E 4TH ST, WAVERLY, OH 45690-1229 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, 1801 27TH STREET, VERO BEACH, FL 32960 WITNESS MY HAND OFFICIALLY AND THE SEAL OF MY OFFICE AT THE COURTHOUSE IN VERO BEACH, FLORIDA THIS 26th DAY OF NOVEMBER 2019. JEFFERY R. SMITH CLERK OF THE CIRCUIT COURT AND COMPTROLLER OF INDIAN RIVER, FLORIDA DEPUTY CLERK 308 BK: 3258 PG: 158 TV Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION CLERK OF THE CIRCUIT COURT P.O. BOX 1028 VERO BEACH, FL 32961 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beachin Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. October 22, 2019, October 29, 2019, November 5, 2019, November 12, 2019 c.�► �.. tie r -4 -- f- ti -f— n1--mber 12, 2019: TARA VIONDLOCH Notary Public State of Wisconsin My commission expires August 6, 2021 Publication Cost: $265.00 Ad No: 0003845732 Customer No: 1309493 PO #: This is not an invoice 309 BK 32.58 PG: 159 Classifieds Your 50=e ter dl! talPSl._ tEDAI AOYEItTDEMlMI OFT OF VEAD BEACH M NO. MEM CM)ORT i0OpiNash , I). 201E B w. Wry Bets FH49 lNpartrMm 1095 20th SU<et veno WIN K 32960 BD OFflB•0 DATE i LOCA. TB3N: TueMa]• NOreNMr 26, 2919 •2:3ppm. Cq Mall I Nntrfte ODN! Sesaq Hear EonhrrYt W53 20th rlw9, Y•ro R<a[R ft J, tnuTON TO S.. M0 rA[RA6E: v.Nw.D.n�wldsv D rz_r� ToMphpse. 1.20F9a0a30S a ONke OfFdau'pr el VerasT m0, rut<, o B<aDL EL 3TBfe Talap'wn<: illi) 9]4Mfi Emad: Bub: No.9mbx S, 2919 ICN 3BAq]T IN THE CIRCUIT COURT FORTHE NSNETEENTN JUDICIAL C'RCUtT IN AND FOR ST. I.,E COUNTY, FLORIDA PROBATE DI VISION FlM N0.: p1ACP-0a1aBl JUDBe: Brmis, BMetr0 W. 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TIM WRNFEN9TANs TME OOS SET 1 AMY TWO MEMS OR OF MO Tt2t TNf OTCEDF OF DEATH B BARRED. M tl,e du f f-, p�2 20' aS 2 b b<eb ) Fw,pMl ReparnutbR 61M luaunb fbck A. Relt4em<. M•rS4rW IO; AtmrMy 1« hDOMI I fen IM Alepnm r, IM,yttm fbML B Munbar: o)]I M•uNOn legal BLLC 1313 0u•+vaY Drive. M*R RMBwur.rc Fl. 32901 r.Mp,orw. LUD usn2 fM: (32l) 32]J093 Fn��Neuwgn.MpaMn SEcmmo�rMdp�UaaYE1 E��-Ma1ad: Ewan TmC�In86150J rfo. 5. W TNI CIRCUIT C -AT THE t9FN JUDICIAL CRC, AYOF OR FAARON COU' FLORDA NIOBATE DIM510N FAt N..M, a32919CP0906350,AR' W RL ESTATE OF D•ceas<d. NOTICE TO CREOfTOR ]M adaknmrMwFl w d r TertN Aral 1919. ' NnMnp ' M I fa✓t far Munn Cm✓' di W, ImEue DwmuOn. 1sNe's vt wNkH 41W SE BM1_ StwM1 FbrEa a aadn,w, a kR.�nolui I°.wn.rN+il- m«nev. M anr. •M ttt rt TCFALM.COM E TUESDAY, NOVEMBER 5,2019 1 1D TOAOw M.v t t: &S5ifWde.tCPvJMXQM � Clrtaifi•d• MronR. TT2.Sp.szi2 6 ClMaiheda Enud: trya4Mln•Y9•rwet.cxw ) Nw.a: Mew1aT - Frfr) B.00am - BJOOm .Rw�er C•unq Ta . For gwnExe m .M, .•M rK sold m tNe di uNasdeN.mrn on tM QAM.r efAried u4 �S•9Y U.g 9 lB, ms q ut vgUY R.9MTTN of Nt Cj u C_ -1 reMr RMr Cwrny. FkpisY w wki uo0 Tr wnu, 9w 90a Nara . 4W i, m^t9uvsss to Yw' ty. TM P �wdl t019 un4N buE 1aM itl m tM Tu tC�oWtmr Ian IRM v1 th< 1wm pF i9MKa ppthppld[ or mN1•y Illr�er COUMY Tu Coo job network 310 (518( SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: February 29, 2024 To: The Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Renewal with Tiger Inc for Sale and Purchase of Natural Gas Descriptions and Conditions: On February 21, 2023, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved a Base Contract and an Addendum to the Base Contract (Agreement) with Tiger, Inc. for sale and purchase of natural gas. Tiger, Inc. is a fixed -based cost third party marketer for the natural gas utilized by the Indian River Sustainability Center, LLC (IRSC) for the leachate evaporator project. The Agreement provided a Transaction Confirmation #1 with a fixed -based cost of $0.4572 per therm with a delivery period from March 1, 2023, through August 31, 2023. On August 19, 2023, The IRC SWDD Board approved Tiger Gas Transaction Confirmation #2 with a fixed base cost of $0.4991 per therm for the period starting September 1, 2023, through February 29, 2024. Staff recommends approval of the renewal of the Agreement via a Transaction Confirmation #3 to extend the fixed -based cost to $0.4205 per therm for the period starting March 1, 2024, through May 31, 2024. This is a decrease of $0.0786, or 15.7%, per therm. Analysis: Monthly consumption was expected to be 13,140 million British thermal units (MMBtu) per month, or 131,400 therms. However, actual monthly usage for eight consecutive fully operational months has been approximately 76,000 therms. In the original Agreement, SWDD was purchasing 110,000 therms per month and then getting less than 50% credit for the unused therms. In Transaction Confirmation #3, staff has reduced the purchase to 90,000 therms. This is a conservative estimate of usage above the average usage of 76,000 therms for the past eight months. At the new fixed -based cost of $0.4205 per therm, staff estimate an approximate monthly cost of $38,000, or $114,000 for the three-month term. Please note, this fixed -based cost will be adjusted to reflect the actual spot price on the day Transaction Confirmation #3 is approved. Therefore, the contract date and the spot price will be updated accordingly and what is attached is a sample. 729b532c-dd4a-4e60-8362-6323c3822522 Page 1 of 311 SWDD Item Funding: Funding of $114,000 is available within the Leachate Evaporator project budget from the SWDD/Landfill/Leachate Evaporator Expenses account, number 41121734-033493, which is funded from the SWDD assessments and user fees. Description Account Number Amount SWDD/Landfill/ Leachate Evaporator Expenses 41121734-033493 $114,000 Recommendation: Staff recommends approval from the Solid Waste Disposal District Board to approve the Transaction Confirmation #3 with Tiger, Inc. for Sale and Purchase of Natural Gas, and authorize the Chairman to sign the necessary documents to effectuate the approval. Attachment (s): Transaction Confirmation #3 with Tiger, Inc. a"o-y 729b532c-dd4a-4e60-8362-6323c3822522 Page 2 of 2 312 TRANSACTION CONFIRMATION FOR IMMEDIATE DELIVERY EXHIBIT A *� �I��✓,� Date: 2/29/2024 �J Inc. Transaction Confirmation #: 3 This Transaction Confirmation is subject to the Base Contract between Seller and Buyer dated 2/29/2024. The terms of this Transaction Confirmation are binding unless disputed in writing within 2 Business Days of receipt unless otherwise specified in the Base Contract. SELLER: BUYER: TIGER, INC. Vero Beach Landfill P.O. BOX 702437 1325 74th Ave SW TULSA, OK 74170 Vero Beach, FL 32968 Attn: Rachel Strealy Attn: Himanshu Mehta Phone: 888-875-6122 Phone: (772) 226-3211 Fax: 918 491-6659 Fax: Transporter: Florida Cities Gas Transporter: Florida Cities Gas Contract Price: $0.4205 per therm Plus pass through *Subject to Refresh Delivery Period: Begin: 3/1/2024 End: 5/31/2024 Delivery Point(s): Florida Cities Gas (If a pooling point is used, list a specific geographic and pipeline location): Special Conditions: Volume: Monthly volume nominations will be based on historical usage unless otherwise noted from Buyer to Seller. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 9000 9000 9000 9000 9000 9000 9000 9000 9000 9000 9000 9000 Over/Under Pricing: Excess Volumes will be priced at FGT Z3 Midpoint + $ 0.01 per therm. Surplus Volumes will be priced at FGT Z3 Midpoint - $ -0.01 per therm. Sellbacks cannot exceed the weighted average contract price charged in a delivery period. Pass Throuqh: Plus All cost (including but not limited to, transport, fuel, and market index premium) to Delivery Point. Operation Flow Orders: During periods of OFO's, Buyer may be required to limit usage to the average daily base load volume, additional gas may be bought/sold at market price. Renewal: Upon contract expiration and prior to a new contract being agreed to by both buyer and seller, the default rate shall be I.F.-FGT Zone 3 plus $ 0.02 per therm, Plus all pass through. Cancelation: Either Party may cancel this Transaction Confirmation with at least a 60 -day written notice prior to "Delivery Period End." Seller: TIGER, INC. Buyer: Vero Beach Landfill By: By: Title: EVP Title: Date: Date: EXHIBIT B Account Number Site I Meter Address I city I State Zi 1200473 Solid Waste Disposal District 1 1325 74th Ave SW I Vero Beach j FL 32968 Ofce of SWDD 03/19/2024 INDIAN RIVER COUNTY ATTORNEY William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney MEMORANDUM TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: March 14, 2024 SUBJECT: Consent and Agreement with Pathward, NA for Nopetro's Landfill Gas Construction Loan BACKGROUND. On July 16, 2019, the Solid Waste Disposal District (SWDD) and Indian River Eco District, LLC entered into a Landfill Gas Agreement for the refinement of the gases produced at the landfill into renewable natural gas. The Agreement has been assigned to Nopetro Eco District LLC, a Florida limited liability company, and has had four amendments, the most recent being heard by the Board on January 23, 2024. At that time Nopetro represented to the Board that nothing further was needed for Nopetro to begin construction of the Landfill gas facility. Unfortunately, Nopetro's lender, Pathward, NA, a national banking association, has presented SWDD with the attached Consent and Agreement (Consent) as a condition of approving and funding Nopetro's construction loan. DISCUSSION. The Consent is not unusual for a construction loan. It provides the lender with an additional avenue of completing construction of the project if the builder defaults on its obligations. It is uncommon for a government entity to enter into a Consent as government building projects are secured with public construction bonds pursuant to statute. In this instance, Nopetro has approached SWDD and is asking SWDD to enter into the Consent with Nopetro and Pathward. SWDD is not obligated or required to enter into this Consent. It is a requirement of Pathward for Nopetro's Landfill Gas Construction Loan. Entering into the Consent will expose SWDD to some risk, most notably that if Nopetro defaults on its loan with Pathway, we will be named as a party to the breach of contract suit or foreclosure suit. Instead of dealing with a known entity, SWDD would be forced to deal with Pathward's successor, which would be an unknown entity. SWDD's benefit, it could be argued, would be that if Nopetro defaults, it is up to Pathward to find a qualified successor to finish the project. 315 Memo to BCC on Nopetro Consent March 14, 2024 Page 2 You will note that the Consent refers to Operative Documents, including loan agreements between Nopetro and Pathward. Despite requests, the Operative Documents were not provided for SWDD review. During the initial negotiations of the Consent, Pathward sought to have the SWDD easement encumbered by the Pathward loan, which is contrary to law. Of further concern was the possibility of the Consent acting as a pledge of SWDD's credit, which is forbidden by the Florida Constitution. Language has been added to the Consent that addresses these two concerns. FUNDING. There is no impact to County funding by this Consent. RECOMMENDATION. The County Attorney's Office recommends that the Board, acting in its capacity as the Solid Waste Disposal District, discuss the Consent and Agreement, weigh the risks against the benefits of the Consent and approve the Consent and authorize the Chairman to execute the Consent and Agreement on behalf of the Solid Waste Disposal District. Attachment: Consent and Agreement Copies sent by email to: Sara J. Radcliffe SRadcliffe(a�-dickinson-wright.com Javier A. Alvarez ialvarez(a�tapllc.com Michael Zito mzito(a-)indianriver.gov Jorge Herrera iherrera(c)nopetro.com Melissa Linton mlinton(d0opetro.com Peter Sweeney psweeney(a)blockscarpa.com 316 CONSENT AND AGREEMENT [Landfill Gas; Construction Loan] This CONSENT AND AGREEMENT (this "Consent and Agreement") is entered into as of March , 2024 by Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida (the "Consenting Party"), and Nopetro Eco District, LLC, a Florida Limited Liability Company (the "Project Comm') for the benefit of Pathward, N.A., a national banking association (the "Financing Party"), in connection with a financing transaction between the Financing Party and the Project Company (the "Transaction"), pursuant to which the Financing Party will loan funds to Project Company to develop, construct, own, and operate a landfill gas to renewable natural gas project subject to the Assigned Agreement defined below (the "Facili "). Defined terms used herein and not defined have the meanings given to them in the Assigned Agreement (as defined below). RECITALS WHEREAS, the original Landfill Gas Agreement dated as of July 16, 2019 ("Original Agreement"), was made between the Consenting Party and the Indian River Eco District, LLC, a Texas limited liability company (the "IRED"), as amended by that certain Amendment No. 1 to Landfill Gas Agreement dated July 14, 2020 ("Amendment No. 1 "), as amended by that certain Amendment No. 2 to Landfill Gas Agreement dated May 18, 2021 ("Amendment No. 2"), as further assigned by IRED to the Project Company by that certain Assignment and Assumption Agreement dated as of November 29, 2021 ("Assignment"), as further amended by that certain Amendment No. 3 to Landfill Gas Agreement December 20, 2022 ("Amendment No. 3"), as further amended by that certain Amendment No. 4 to Landfill Gas Agreement dated January 23, 2024 ("Amendment No. 4") (collectively, the "Assigned Agreement"); WHEREAS, pursuant to the Assigned Agreement, the Consenting Party would deliver and the Project Company would accept and purchase from Consenting Party the Landfill Gas (as defined in the Assigned Agreement) for the purpose of producing Renewable Natural Gas (as defined in the Assigned Agreement); WHEREAS, Financing Party is financing construction and operation of the Facility pursuant to a certain (i) Construction Loan Agreement, to be dated as of the date hereof ("Construction Loan Agreement"), and (ii) Permanent Loan Agreement to be entered into after the maturity of the Construction Loan Agreement, as contemplated by that certain letter from Financing Party re: USDA Permanent Loan Financing Proposal for the Nopetro Eco District, LLC/Indian River Landfill Gas Project from Financing Party, dated October 20, 2023 ("Permanent Loan Agreement" and together with the Construction Loan Agreement, related security agreements, guaranty, financing and collateral agreements and documents described in the Construction Loan Agreement and the Permanent Loan Agreement, "Operative Documents") between Financing Party and Project Company; WHEREAS, the Project Company has assigned or will assign to the Financing Party all of its rights, title, obligations and interest in, to and under the Assigned Agreement as security for the Project Company's obligations under the Transaction (all such assigned rights, the "Assigned Rights'); [00110049.4] 317 WHEREAS, the Consenting Party is willing to (a) consent to such assignments and the grants of security interests by the Project Company in favor of the Financing Party and (b) agree to such other terms as described herein; and WHEREAS, it is a condition precedent under the Construction Loan Agreement and the Permanent Loan Agreement that Project Company shall have executed and delivered this Consent and Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: 1. Collateral Assignment and Consent. a. The Consenting Party consents to and acknowledges (i) the collateral assignment of a security interest in the Assigned Agreement from the Project Company to the Financing Party as collateral security of Project Company's right, title, obligations and interest in the Assigned Agreement; (ii) the right of the Financing Party to assume ("Financing_ Party Assumption") all of Project Company's right, title, obligations and interest in the Assigned Agreement in the event that there is an Event of Default under the Construction Loan Agreement or the Permanent Loan Agreement, as applicable, beyond any applicable right to cure (as defined therein); (iii) the pledge and assignment of all warranties and guaranties provided for under the Assigned Agreement by Project Company to Financing Party and agrees that such pledge or assignment shall not void or impair said warranties or guaranties in any way; and (iv) the right of Financing Party, in the event of a Financing Party Assumption, to further assign all of its right, title, obligations and interest in the Assigned Agreement to a third party. For the avoidance of doubt, unless and until there is direct assignment of the Assigned Agreement from the Project Company to the Financing Party, the Project Company shall remain responsible for all payments due and payable to the Consenting Party under the Assigned Agreement. b. Consenting Party (i) consents to the direct assignment of the Assigned Agreement to Financing Party or any substitute owner, in the event that Financing Party notifies the Consenting Party that an Event of Default under the Transaction has occurred and is continuing and that Financing Party has exercised its rights to have itself or its designee or assignee substituted for the Project Company under the Assigned Agreement, acquire the Project Company or otherwise sell, assign, transfer or dispose of the Assigned Agreement to a third party, (ii) consents to the direct assignment of the Assigned Agreement to Financing Party upon the scheduled expiration of the Transaction if the Project Company elects to return the Facility to the Financing Party at such time, (iii) consents to the direct assignment of the Assigned Agreement upon the early termination of the Transaction if the Financing Party elects to repossess the Facility at such time, and (iv) acknowledges the right, but not the obligation, of Financing Party or its designee or assignee, in the exercise of its rights and remedies under the Transaction, upon the occurrence and continuation of a Project Company Default (as defined below) to make all demands, give all notices, take all actions and exercise all rights of the Project Company in accordance with the Assigned Agreement to the same extent as the Project Company thereunder, and agrees that in such event the Consenting Party shall continue to perform its obligations under the Assigned Agreement. [00110049.4] 2 318 c. The parties agree that the Consenting Party is not pledging its credit under the Assigned Agreement, and nothing contained in this Consent and Agreement shall be deemed a grant by the Consenting Party of a security interest in any of the property, equipment or gas owned by the Consenting Party or otherwise create a lien or other encumbrance on any of the Consenting Party's property (tangible or intangible), to secure Project Company's repayment obligations and other financial accommodations made under the under the Operative Documents. 2. Default and Cure. a. Notwithstanding anything to the contrary in the Assigned Agreement, upon the occurrence and continuation of a breach or default by the Project Company under the Assigned Agreement ("Project Company Default"), the Consenting Party shall, before terminating the Assigned Agreement or exercising any other remedy, give written notice to the Financing Party specifying the default and the steps necessary to cure the same and Financing Party shall have the applicable notice and cure period set forth under the Assigned Agreement; provided, however, in no event shall the time to cure be less than forty-five (45) days for any non -monetary default or less than thirty (30) days for a monetary default after Financing Party's receipt of such notice. If Financing Party fails to cure or cause to be cured any such default within the appropriate period set forth above, the Consenting Party shall have all of its rights and remedies with respect to such default as set forth in the Assigned Agreement and at law or in equity. b. Consenting Party agrees that, notwithstanding anything contained in the Assigned Agreement, upon the occurrence and continuation of a Project Company Default, Consenting Party will not terminate or suspend its performance under the Assigned Agreement if, and for so long as, Financing Party shall be using commercially reasonable efforts to: (A) cure such default; or (B) otherwise acquire, directly or indirectly, Project Company's interest in the Assigned Agreement. c. Any attempt to cure Project Company's defaults under the Assigned Agreement shall not be construed as an assumption by Financing Party of any obligations of Project Company under the Assigned Agreement unless Financing Party expressly agrees in writing to assume any of the foregoing. 3. Delivery of Notices. The Consenting Party agrees that it will send copies of all material notices (including any notice of breach) under the Assigned Agreement to the Financing Party simultaneously with the delivery of such notice to the Project Company. 4. Liability of Financing? Party. The Consenting Party acknowledges and agrees that the Financing Party has not assumed and does not have any obligation or liability under or pursuant to the Assigned Agreement unless and until the Financing Party assumes the same in writing (with notice to the Consenting Party). 5. Amendment or Termination of Assigned Agreement. The Consenting Party covenants and agrees with the Financing Party that without the prior written consent of the Financing Party, the Consenting Party will not (A) amend, supplement or otherwise modify the terms of the Assigned Agreement; (B) assign or transfer its rights, duties, obligations or interest under the Assigned Agreement; or (C) cancel, terminate or suspend performance under the Assigned Agreement. [00110049.4] 3 319 6. Representations and Warranties. The Consenting Party hereby represents and warrants that (a) each of the representations and warranties of Consenting Party set forth in the Assigned Agreement are true and correct as of the date hereof; (b) the Assigned Agreement is in full force and effect as of the date hereof; (c) the Assigned Agreement has not been amended or otherwise modified since the date thereof except as set forth herein; (d) there is no other agreement or understanding between Consenting Party and Project Company that would alter the Assigned Agreement; (e) to Consenting Party's knowledge, there exists no event or condition which constitutes a breach or default, or that would, with the giving of notice or lapse of time, constitute a default, under the Assigned Agreement or enable Consenting Party to terminate or suspend its obligations under the Assigned Agreement; (f) (1) there are no existing offsets or defenses in favor of Consenting Party against enforcement of any of the terms, covenants and conditions of the Assigned Agreement, and (2) to the knowledge of Consenting Party, the Project Company has observed and performed all of the terms, covenants and conditions on its part to be observed and performed under the Assigned Agreement; (g) there are no actions pending against Consenting Party under any bankruptcy or similar laws of the United States or any state and there are no proceedings pending or threatened against Consenting Party in any court or before any governmental authority which could reasonably be expected to have a material adverse effect on the ability of Consenting Party to perform its obligations under the Assigned Agreement; (h) Consenting Party has not transferred or assigned any interest in the Assigned Agreement and has not received any notice from Project Company of any prior assignment, sublease or transfer of all or any part of Project Company's interest in the Assigned Agreement; (i) Consenting Party had full power and authority to execute and deliver the Assigned Agreement and to execute and deliver this Consent and Agreement; 0) each person having signed the Assigned Agreement on behalf of the Consenting Party was authorized to do so and each person signing this Consent and Agreement on behalf of Consenting Party is authorized to do so; and (k) the Assigned Agreement constitutes a legal, valid and binding obligation of Consenting Party, enforceable against Consenting Party in accordance with its terms. 7. Consenting Party Estoppels. a. All payments, costs and expenses required to be made or paid to the Consenting Party by the Project Company under the Assigned Agreement as of the date hereof have been made or paid by or on behalf of the Project Company. b. As of the date hereof, the Consenting Party has no knowledge of any facts entitling the Consenting Party to any material claim, counterclaim, offset or defense against the Project Company in respect of the Assigned Agreement, and there are no disputes or legal proceedings between the Project Company and the Consenting Party. c. Neither the Consenting Party nor the Project Company owes any indemnity or warranty payments under the Assigned Agreement. d. The Consenting Party has not made any payments to the Project Company in respect of any indemnity or warranty provision under the Assigned Agreement. [00110049.4] 4 320 e. All warranties under the Assigned Agreement will absolutely, irrevocably and unconditionally be in effect on and after the date hereof. f. The Grant of Non -Exclusive Easement for Landfill Gas Equipment and Pipeline dated March 5, 2024, by and between the Consenting Party and the Project Company (the "Easement") is in full force and effect and has not been modified, restated, cancelled, supplemented, surrendered, or terminated. g. To Consenting Party's knowledge, Project Company has fulfilled all of its obligations under the Easement now due and owing, including without limitation, payment of all fees due and payable on or before the date hereof, and there are no uncured defaults or events of default of Project Company with respect to the Easement. h. Consenting Party has neither given nor received any notice of default, event of default or termination of the Easement. Project Company has neither given nor received any notice of default, event of default or termination of the Easement. There are no facts or circumstances, which with the giving of notice or lapse of an applicable cure period, or both, would constitute a breach or default under the Easement. i. Project Company has informed Consenting Party that Project Company has granted a first -priority lien and security interest in the Project Company's easement interest estate in the Easement Property under the Easement to the Financing Party to secure the repayment of the loans and other financial accommodations made under the Operative Documents. For the avoidance of doubt, the Consenting Party will not be granting any security interest or lien in the Easement. 8. Notices. All communications between the parties hereto or notices provided herein to be given may be given to the addresses listed on Schedule I hereto, or as otherwise designated in writing by a party, and any notice required or given hereunder shall be deemed properly given when provided in writing three (3) business days after mailed first class, overnight, or certified mail, return receipt requested, postage prepaid, addressed to the designated recipient. 9. Governing Law; Submission to Jurisdiction; Waiver of Jury. THIS CONSENT AND AGREEMENT SHALL IN ALL RESPECTS BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA WITHOUT REFERENCE TO CONFLICT OF LAW PROVISIONS. EACH PARTY CONSENTS TO THE EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION SITTING IN THE COUNTY OF INDIAN RIVER, STATE OF FLORIDA, IN ANY ACTION TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF THIS ASSIGNED AGREEMENT; AGREES THAT ALL CLAIMS IN SUCH ACTION MAY BE DECIDED IN ANY SUCH COURT; WAIVES, TO THE FULLEST EXTENT IT MAY EFFECTIVELY DO SO, THE DEFENSE OF AN INCONVENIENT FORUM; AND CONSENTS TO THE SERVICE OF PROCESS UPON THE OFFICE OF THE COUNTY ATTORNEY BY REGISTERED OR CERTIFIED MAIL (OR ANY SUBSTANTIALLY SIMILAR FORM OF MAIL), POSTAGE PREPAID AND RETURN RECEIPT REQUESTED. NOTHING HEREIN SHALL AFFECT THE RIGHT OF ANY PARTY TO EFFECT SERVICE OF PROCESS IN ANY OTHER [00110049.4] 5 321 MANNER PERMITTED BY APPLICABLE LAW. A FINAL JUDGMENT IN ANY SUCH ACTION SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO WHICH IT MAY BE PARTY ARISING OUT OF OR IN ANY WAY PERTAINING TO THIS ASSIGNED AGREEMENT. EACH PARTY IS AUTHORIZED TO FILE THIS PROVISION WITH THE CLERK OR JUDGE OF ANY COURT HEARING SUCH CLAIM. THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY MADE BY THE PARTIES. 10. Successors and Assigns. This Consent and Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Financing Party may, at any time by written notice to each of the parties to this Consent and Agreement, assign its rights and interests hereunder to any nominee or designee of Financing Party subject to any restrictions imposed under applicable Florida law. 11. Counterparts. This Consent and Agreement may be executed in one or more counterparts and when signed by all the parties listed below shall constitute a single binding agreement. Delivery of an executed counterpart of a signature page of this Consent and Agreement by facsimile or .pdf shall be effective as delivery of a manually executed counterpart of this Consent and Agreement. 12. Amendment; Waiver. Neither this Consent and Agreement nor any of the terms hereof may be terminated, amended, supplemented, waived or modified, except by an instrument in writing signed by both Consenting Party and Financing Party. 13. Entire Agreement. This Consent and Agreement, the Assigned Agreement and any agreement, document or instrument attached hereto or referred to herein integrate all the terms and conditions mentioned herein and supersede all oral negotiations and prior writings between the parties here to in respect to the subject matter hereof. 14. Termination. This Consent and Agreement shall continue in full force and effect until either (A) Consenting Party and Financing Party mutually agree to terminate this Consent and Agreement or (B) Consenting Party has received written notice from Financing Party that Project Company's obligations to Financing Party under the Construction Loan Agreement and the Permanent Loan Agreement have been satisfied in full. [00110049.4] [SIGNATURES APPEAR ON FOLLOWING PAGE] 31 322 IN WITNESS WHEREOF, each of the undersigned has duly executed this Consent and Agreement as of the date first above written. Accepted: PATHWARD, N.A., a national banking association By: _ Name: Title: [00110049.4] 7 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida By: _ Name: Title: NOPETRO ECO DISTRICT, LLC, a Florida limited liability company By: _ Name: Title: 323 SCHEDULE I Address for Notices If to Financing Party: Pathward, N.A. Attn: Christopher Soupal 5480 Corporate Drive, Suite 350 Troy, Michigan 48098 Telephone: (248) 641-5100 Email: csoupal(a)�pathward.com If to Project Company: Nopetro Eco District, LLC Attn: Jorge A. Herrera 150 S.E. 2nd Avenue PH -1 Miami, Florida 33131 Email: jherrera(anopetro.com If to the Consenting Party_: Indian River County Solid Waste Disposal District County Administrator Indian River County Administration Building 1801 27th St. Vero Beach, FL 32960 Phone: (772) 226-1408 Email: jtitkanich(i4indianriver.gov [00110049.4] 0 324